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 , THURSDAY, SEPTEMBER 11, 2008 No. 144 House of Representatives The House met at 11 a.m. and was stillness and peace or imagine ever- nication from the Clerk of the House of called to order by the Speaker pro tem- lasting and unconditional love. So, Representatives: pore (Mrs. TAUSCHER). Lord, have mercy on us, pardon us, and SEPTEMBER 10, 2008. f uphold us now and forever. Amen. Hon. NANCY PELOSI, f Speaker, The Capitol, U.S. House of Representa- DESIGNATION OF SPEAKER PRO tives, Washington, DC. TEMPORE THE JOURNAL DEAR MADAM SPEAKER: Pursuant to the The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The permission granted in Clause 2(h) of Rule II fore the House the following commu- Chair has examined the Journal of the of the Rules of the U.S. House of Representa- nication from the Speaker: last day’s proceedings and announces tives, I have the honor to transmit a sealed WASHINGTON, DC, to the House her approval thereof. envelope received from the White House on September 11, 2008. Pursuant to clause 1, rule I, the Jour- September 10, 2008, at 8:23 p.m. and said to I hereby appoint the Honorable ELLEN O. nal stands approved. contain a message from the President where- TAUSCHER to act as Speaker pro tempore on Mr. WILSON of South Carolina. by he transmits the proposed Agreement for this day. Madam Speaker, pursuant to clause 1, Cooperation Between the Government of the NANCY PELOSI, rule I, I demand a vote on agreeing to United States of America and the Govern- Speaker of the House of Representatives. the Speaker’s approval of the Journal. ment of India Concerning Peaceful Uses of Nuclear Energy. f The SPEAKER pro tempore. The question is on the Speaker’s approval With best wishes, I am, PRAYER of the Journal. Sincerely, The Chaplain, the Reverend Daniel P. The question was taken; and the LORRAINE C. MILLER, Coughlin, offered the following prayer: Speaker pro tempore announced that Clerk of the House. On this, the seventh anniversary of the ayes appeared to have it. the historic tragedy inflicted on this Mr. WILSON of South Carolina. f Nation known as 9/11, we, Your people, Madam Speaker, I object to the vote on turn to You, the Lord of consolation, the ground that a quorum is not PROPOSED AGREEMENT FOR CO- healing, and redemption. We remember present and make the point of order OPERATION BETWEEN THE GOV- both innocent citizens and heroic first that a quorum is not present. ERNMENT OF THE UNITED responders. We continue to mourn The SPEAKER pro tempore. Pursu- STATES OF AMERICA AND THE their loss, and pray Your peace descend ant to clause 8, rule XX, further pro- GOVERNMENT OF INDIA CON- upon their families and their col- ceedings on this question will be post- CERNING PEACEFUL USES OF leagues. poned. NUCLEAR ENERGY—MESSAGE It is said that day changed the world. The point of no quorum is considered FROM THE PRESIDENT OF THE Lord, help us to embrace the reality of withdrawn. UNITED STATES (H. DOC. NO. 110– what has changed. Our perception of f 146) ourselves as a Nation? Our relationship PLEDGE OF ALLEGIANCE to other Nations around the world? The SPEAKER pro tempore laid be- Confusion or clarity in our under- The SPEAKER pro tempore. Will the fore the House the following message standing of human nature? Have any of gentleman from (Mr. POE) come from the President of the United forward and lead the House in the our notions of violence changed? States; which was read and, together It seems, Lord, the urgent question Pledge of Allegiance. with the accompanying papers, without Mr. POE led the Pledge of Allegiance of our time is whether we can make objection, referred to the Committee as follows: change our friend and not our enemy. on Foreign Affairs and ordered to be When and however You will, al- I pledge allegiance to the Flag of the printed: United States of America, and to the Repub- mighty God, help us to change what lic for which it stands, one nation under God, To the Congress of the United States: needs to be changed, and humbly admit indivisible, with and justice for all. I am pleased to transmit to the Con- what we cannot change. Cast Your f light upon us so we may look deep gress, pursuant to section 123 of the down within and see what we are un- COMMUNICATION FROM THE Atomic Energy Act of 1954, as amended willing to change. CLERK OF THE HOUSE (42 U.S.C. 2153) (AEA), the text of a pro- Because our world is spinning so fast, The SPEAKER pro tempore laid be- posed Agreement for Cooperation Be- we still cannot grasp Your dynamic fore the House the following commu- tween the Government of the United

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 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A11SE7.000 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8022 CONGRESSIONAL RECORD — HOUSE September 11, 2008 States of America and the Government periods of 10 years each unless either to move forward on the U.S.-India Civil of India Concerning Peaceful Uses of party gives notice to terminate it 6 Nuclear Cooperation Initiative, which Nuclear Energy. I am also pleased to months before the end of a period. Indian Prime Minister Manmohan transmit my written determination Moreover, either party has the right to Singh and I announced on July 18, 2005, concerning the Agreement, including terminate the Agreement prior to its and reaffirmed on March 2, 2006. Civil my approval of the Agreement and my expiration on 1 year’s written notice to nuclear cooperation between the authorization to execute the Agree- the other party. A party seeking early United States and India pursuant to ment, and an unclassified Nuclear Pro- termination of the Agreement has the the Agreement will offer major stra- liferation Assessment Statement right immediately to cease cooperation tegic and economic benefits to both (NPAS) concerning the Agreement. (In under the Agreement, prior to termi- countries, including enhanced energy accordance with section 123 of the nation, if it determines that a mutu- security, an ability to rely more exten- AEA, as amended by title XII of the ally acceptable resolution of out- sively on an environmentally friendly Foreign Affairs Reform and Restruc- standing issues cannot be achieved energy source, greater economic oppor- turing Act of 1998 (Public Law 105–277), through consultations. In any case the tunities, and more robust nonprolifera- a classified annex to the NPAS, pre- Agreement, as noted, is a framework or tion efforts. pared by the Secretary of State in con- enabling agreement that does not com- The Agreement will reinforce the sultation with the Director of National pel any specific nuclear cooperative ac- growing bilateral relationship between Intelligence, summarizing relevant tivity. In the event of termination of two vibrant democracies. The United classified information, will be sub- the Agreement, key nonproliferation States is committed to a strategic mitted to the Congress separately.) conditions and controls would continue partnership with India, the Agreement The joint memorandum submitted to with respect to material and equip- promises to be a major milestone in me by the Secretary of State and the ment subject to the Agreement. achieving and sustaining that goal. Secretary of Energy and a letter from An extensive discussion of India’s In reviewing the proposed Agreement the Chairman of the Nuclear Regu- civil nuclear program, military nuclear I have considered the views and rec- latory Commission stating the views of program, and nuclear nonproliferation ommendations of interested agencies. I the Commission are also enclosed. policies and practices is provided in the have determined that its performance The proposed Agreement has been ne- Nuclear Proliferation Assessment will promote, and will not constitute gotiated in accordance with the AEA Statement (NPAS) and in a classified an unreasonable risk to, the common and other applicable law. In my judg- annex to the NPAS submitted to the defense and security. Accordingly, I ment, it meets all applicable statutory Congress separately. have approved it and I urge that the requirements except for section 123 a. The AEA establishes the require- Congress also approve it this year. (2) of the AEA, from which I have ex- ments for agreements for nuclear co- GEORGE W. BUSH. empted it as described below. operation, some of which apply only to THE WHITE HOUSE, September 10, 2008. The proposed Agreement provides a non-nuclear-weapon states (see AEA, f comprehensive framework for U.S. section 123 a.). The AEA incorporates ANNOUNCEMENT BY THE SPEAKER peaceful nuclear cooperation with the definition of ‘‘nuclear-weapon PRO TEMPORE India. It permits the transfer of infor- state’’ from the Treaty on the Non- The SPEAKER pro tempore. The mation, non-nuclear material, nuclear Proliferation of Nuclear Weapons Chair will entertain up to 10 requests material, equipment (including reac- (NPT), which defines it to mean a state for 1-minute speeches on each side of tors) and components for nuclear re- that has manufactured and exploded a the aisle. search and nuclear power production. nuclear weapon or other nuclear explo- It does not permit transfers of any re- sive device prior to January 1, 1967. f stricted data. Sensitive nuclear tech- Therefore India is a non-nuclear-weap- REPUBLICAN FAILURES ON THE nology, heavy-water production tech- on state for NPT and AEA purposes, ECONOMY—WE CANNOT AFFORD nology and production facilities, sen- even though it possesses nuclear weap- MORE OF THE SAME sitive nuclear facilities, and major ons. The Agreement satisfies all re- (Ms. EDDIE BERNICE JOHNSON of critical components of such facilities quirements set forth in section 123 a. of Texas asked and was given permission may not be transferred under the the AEA except the requirement of sec- to address the House for 1 minute and Agreement unless the Agreement is tion 123 a. (2) that, as a condition of to revise and extend her remarks.) amended. The Agreement permits the continued U.S. nuclear supply under Ms. EDDIE BERNICE JOHNSON of enrichment of uranium subject to it up the Agreement, IAEA safeguards be Texas. Madam Speaker, as we acknowl- to 20 percent in the isotope 235. It per- maintained in India with respect to all edge the anniversary of 9/11, we ask mits reprocessing and other alterations nuclear materials in all peaceful nu- God to bless America. And when we go in form or content of nuclear material clear activities within its territory, home to our congressional districts subject to it; however, in the case of under its jurisdiction, or carried out this weekend, we should all ask our such activities in India, these rights under its control anywhere (i.e., ‘‘full- constituents one question: Are you bet- will not come into effect until India es- scope’’ or ‘‘comprehensive’’ safe- ter off today than you were 8 years ago tablishes a new national reprocessing guards). when President Bush came to Wash- facility dedicated to reprocessing The Henry J. Hyde United States- ington? under IAEA safeguards and both par- India Peaceful Atomic Energy Coopera- An overwhelming majority of Ameri- ties agree on arrangements and proce- tion Act of 2006 (the ‘‘Hyde Act’’) es- cans believe they are worse off today dures under which the reprocessing or tablished authority to exempt the than back in 2000. And no wonder. Let’s other alteration in form or content will Agreement from the full-scope safe- consider the record of overseeing our take place. guards requirement of section 123 a. (2) Nation’s economy. In Article 5(6) the Agreement records of the AEA, as well as certain other Over the last 8 years, the median certain political commitments con- provisions of the AEA relating to sup- household income has fallen by $1,000; cerning reliable supply of nuclear fuel ply under such an agreement, provided 3.4 million more Americans are unem- given to India by the United States in that the President makes certain de- ployed; 5.7 million more Americans are March 2006. The text of the Agreement terminations and transmits them to living in poverty; and, foreclosure rates does not, however, transform these po- the Congress together with a report de- are at a record high, with 2.5 million litical commitments into legally bind- tailing the basis for the determina- homes projected to enter foreclosure ing commitments because the Agree- tions. I have made those determina- this year. ment, like other U.S. agreements of its tions, and I am submitting them to- Madam Speaker, the Republican poli- type, is intended as a framework agree- gether with the required report as an cies led to this economic condition ment. enclosure to this transmittal. that Americans face today. And rather The Agreement will remain in force Approval of the Agreement, followed than being sympathetic, the Repub- for a period of 40 years and will con- by its signature and entry into force, lican Presidential candidate is accus- tinue in force thereafter for additional will permit the United States and India ing Americans of being whiners. How

VerDate Aug 31 2005 01:08 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A11SE7.002 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8023 can we expect any help if this man is HONORING THOSE WHO PROTECT HUMANITARIAN CRISIS IN CUBA elected to the White House? US (Mr. FLAKE asked and was given f (Mr. WILSON of South Carolina permission to address the House for 1 THE OLD GUARD—AND asked and was given permission to ad- minute.) SEPTEMBER 11, 2001 dress the House for 1 minute and to re- Mr. FLAKE. Madam Speaker, as we (Mr. POE asked and was given per- vise and extend his remarks.) commemorate the seventh anniversary mission to address the House for 1 Mr. WILSON of South Carolina. of 9/11; we should know that there is a minute.) Madam Speaker, today we remember humanitarian disaster unfolding in the Mr. POE. Madam Speaker, on that the 3,000 Americans murdered 7 years Caribbean, in particular, in the coun- bright sunny day in September 2001, ago. While we pause and reflect, we are try of Cuba hit twice now, one by Gus- when America was attacked, there reminded of the incredible heroism of tav and then by Ike. The island is in were many heroic responses. that day, the selfless commitment of so dire straits, and the people there need Next to the Pentagon is Arlington many, helping their neighbor, cowork- our help. The problem is, currently the National Cemetery, where America ers, or a complete stranger. We have restrictions on travel and sending gift buries its war dead. In sight of the Pen- seen that character, courage, and com- parcels are so extreme that Americans tagon is the Tomb of the Unknown. mitment every day since in those who and family members of people in Cuba This tribute to our warriors has been have stood to protect our Nation at cannot help them. guarded continuously, 24 hours a day home and abroad. We remember Todd I will be introducing legislation since 1930, by the oldest active duty in- Beamer. Six major plots have been today to lift temporarily the restric- fantry unit in the Army, the 3rd U.S. stopped in City alone. tion on gift parcels. Currently, gift par- Infantry, known as the Old Guard. To our soldiers, sailors, airmen, and cels sent by family members to other These soldiers that guarded the tomb marines, and all our military families, family members in Cuba cannot even on 9/11 already knew about the suicide we owe you a debt of gratitude. To our contain clothing, hygiene kits, or med- attacks against America in New York. first responders and intelligence offi- ical supplies, and that is simply wrong. And when that third plane roared low cials, your service reminds us that We shouldn’t have that restriction. It and fast near Arlington Cemetery and there are many roles to play in pro- should be lifted, if not completely, at crashed into the Pentagon killing 189 tecting American families, and defeat- least temporarily. people, these remarkable soldiers did ing terrorists overseas. Also, certain humanitarian licenses not seek cover or safety before or after I am grateful to know that so many can be obtained now, but it takes a the assault on the Pentagon. They con- Americans are willing to stand on the long time generally for that to happen. tinued to do their duty, and stayed on front lines in defense of liberty. We I would call on the Bush administra- vigilant guard at their post, not for- must never forget their sacrifice and tion to expedite licensing of humani- saking their dedication to the Tomb of never fail to honor them. tarian groups, churches, and others the Unknown or to America. In fact, In conclusion, God bless our troops, who want to help the good people of after the news of the New York attack, and we will never forget September Cuba. the Old Guard brought in reinforce- 11th. ments to protect and guard the tomb. f Amazing soldiers, these people of the f Old Guard that never leave their post. b 1115 And that’s just the way it is. f COMMEMORATING SEPTEMBER 11, REMEMBERING SEPTEMBER 11 2001 DIRECTION OF OUR COUNTRY (Mr. COHEN asked and was given per- (Mr. KLEIN of Florida asked and was (Mr. KAGEN asked and was given mission to address the House for 1 given permission to address the House permission to address the House for 1 minute.) for 1 minute and to revise and extend minute and to revise and extend his re- Mr. COHEN. Madam Speaker, quite a his remarks.) marks.) few speakers today have spoken about Mr. KAGEN. Madam Speaker, on this Mr. KLEIN of Florida. Madam Speak- 9/11, and we’ll have services at the Pen- date, September 11, 2001, we were at- er, 7 years ago, our country was at- tagon and the Capitol memorializing tacked. But that was not the end of the tacked by those who sought to ter- that day. It is the Pearl Harbor, the American story. The American story is rorize our way of life through violence December 7, of our generation; and it’s still unfolding, as it has in my home and through fear. The tragedy and loss a day when partisan politics shouldn’t area in Kimberly, Wisconsin, with the caused by these hateful acts will haunt take place and, hopefully, won’t today closing of the Kimberly Paper Mill. our generation, yet the resilience of in this Chamber or anywhere else. One of the workers there is Randy the American people will inspire many We’re all Americans. We’re not red Gossens. With his wife, Vicky, he has more to come. Americans or blue Americans, Demo- worked at that mill for 32 years, and he Today, America stands strong and crats or Republicans, but Americans. says, ‘‘With the closing of the Kim- our democracy undeterred. This repub- And I think we need to think about the berly mill, we will not be able to help lic remains one Nation, united by victims. We need to think about the out with our daughter’s education the democratic ideals and tolerance. first responders, the police people and way we did with our son. My wife and New York, home to many South Flo- the fire people who gave their lives and I are very proud of the fact that our ridians where I am from, remains in rushed into those buildings, the emer- son graduated from college and that we the hearts and minds of all Americans. gency personnel and the sheriffs’ depu- were able to help him financially with Florida, like New York, is a mosaic of ties who protect us every day. And we his chosen career. With the mill clos- traditions and cultures. Such commu- need to think about the first counter- ing and our future income so unsure, nities can only exist when respect and terrorists, the passengers on Flight 93, we will not be able to do the same with understanding champion over bigotry that took control of that flight that our daughter.’’ and hate. was otherwise destined for either this What kind of Nation are we when we America is founded upon the prin- great historic United States Capitol or turn our back on our own American ciples of freedom, we are sustained by the White House and would have workers, when we have trade deals that the rule of law, and we are defended by caused death or injuries to people such are unfair and unbalanced? On this brave men and women at home and as you and me, Madam Speaker, who very special day, we need to look back abroad who serve our country and pro- are in this House today and would have and think back, but at the same time tect our democracy. In remembering been here in 2001. We need to thank the we have to take a positive step forward September 11, 2001, we must never for- counterterrorists on Flight 93. Never and change the direction of this coun- get the sacrifices made by Americans forget them, and never forget the vic- try and the direction of our trade deals that came before us, and always honor tims of 9/11. as well. those that continue to do so today. God bless America.

VerDate Aug 31 2005 01:08 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.004 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8024 CONGRESSIONAL RECORD — HOUSE September 11, 2008 MEDIA FAIRNESS INITIATIVE: at Mosaic who have come to Wash- minute and to revise and extend his re- NETWORKS ENGAGE IN LABEL- ington, D.C. to take part in the ANCOR marks.) ING BIAS 2008 Governmental Activities Seminar. Mr. BOOZMAN. Madam Speaker, I rise today to recognize and commend (Mr. SMITH of Texas asked and was Throughout this week, people from Mo- Fayetteville’s First Christian Church given permission to address the House saic, along with all of the attendees on its 160th anniversary. This great for 1 minute and to revise and extend from ANCOR events, are meeting with their congressional offices to raise country was founded on religious prin- his remarks.) ciples and the ideals of our Founders Mr. SMITH of Texas. Madam Speak- awareness about the need for an ade- quately paid, trained and dedicated and can be seen in the works and serv- er, sometimes the worst examples of ice that is carried out every day by unfair news coverage are what report- workforce. Low wages have been a prime obsta- this church. ers choose not to say. For example, First Christian welcomes people from while the media often label Governor cle in maintaining a qualified work force. Unlike the other sectors of the all walks of life with open arms, and its Sarah Palin ‘‘conservative,’’ they sel- commitment to not only teaching but dom call Senator or private market, the formal long-term support system is almost entirely de- showing the love of God is something Senator JOE BIDEN ‘‘liberal,’’ despite that we can all be very proud of. pendent upon public financing, particu- the fact that the National Journal I honor First Christian Church and larly Medicaid funding. ranks Senator OBAMA as the most lib- its members for the dedication and eral member of the Senate, and Sen- Madam Speaker, there is no better commitment of their faith and their way to recognize this workforce’s con- ator BIDEN as the third most liberal strength in service to the kingdom of member of the Senate. tribution to the Nation than to ensure God. The church is truly doing the A comparison of television network that these folks who are dedicated di- work of the Lord and is reaching out to news programs immediately after each rect support professionals are fairly help people in need. It is an integral vice presidential selection shows that compensated. I urge my colleagues to part of the community, and its mem- newscasters continually referred to join with me and Lois Capps in cospon- bers have played an important role in Governor Sarah Palin as ‘‘conserv- soring the bipartisan Direct Support shaping northwest Arkansas. ative,’’ but did not one time, not a sin- Professionals Fairness and Security I’m grateful for the efforts of all Act, H.R. 1279. gle time, label Senator JOE BIDEN as church members who serve as stewards ‘‘liberal.’’ f of Jesus Christ. It is through their The American people should encour- HONORING SISTER EILEEN commitment to God that the legacy of First Christian Church lives on. age the media to apply the same rules MCNERNEY to both Presidential tickets. Only then f (Ms. LORETTA SANCHEZ of Cali- can we restore Americans’ faith in fornia asked and was given permission REMEMBERING SEPTEMBER 11 news reporting. to address the House for 1 minute and (Mr. PAYNE asked and was given f to revise and extend her remarks.) permission to address the House for 1 REPUBLICAN ENERGY POLICY Ms. LORETTA SANCHEZ of Cali- minute and to revise and extend his re- fornia. Madam Speaker, I rise today to marks.) (Ms. SOLIS asked and was given per- honor Sister Eileen McNerney, execu- Mr. PAYNE. Madam Speaker, 7 years mission to address the House for 1 tive director of Taller San Jose in ago our Nation was struck. And as we minute and to revise and extend her re- Santa Ana, on the occasion reflect on that infamous day, as a rep- marks.) of her retirement at the end of this resentative of North Jersey, many of Ms. SOLIS. Madam Speaker, Repub- month. the victims came from our State. We licans say they favor an all-of-the- Sister McNerney first arrived to the responded with our firefighters and above solution to our Nation’s energy great city of Santa Ana in 1992, and she first responders who immediately went crisis. Yet their record from the past 8 has made a significant contribution to over to New York through the tunnel, years tells us something different. bettering the lives of the Santa Ana by boat, to assist our brothers and sis- Republicans have consistently voted youth through the workshop that she ters there. against critical solutions that should founded over 12 years ago, a workshop I want to say a special word about be a part of a comprehensive energy called Taller San Jose. one of my constituents, Wanda Green, package. For instance, they voted Students at Taller San Jose learn to who was a flight attendant on Flight 93 against important tax provisions need- leave behind the violence of gangs, the that left my district, my town of New- ed for renewable energy and energy ef- harm of drugs and alcohol and the ark, and, as you know, was ficiency industries. They voted against trauma of becoming a teen parent by on its way to the Capitol and was responsible drilling. They voted training for a career in construction, brought down by heroic persons on against efforts to protect consumers computers and yes, even medicine. board that plane. Wanda Green was a flight attendant from speculators who manipulate our Taller San Jose, or Workshop San who switched with another attendant markets. They voted against measures Jose, is a highly respected and recog- who asked her to take her flight be- to bring down oil prices. And lastly, nized trade school within the city of cause she had to do something, and they voted against American workers Santa Ana, and it has received many by not supporting green collar jobs. Wanda said, all right. domestic and international grants, I visited her two college-age children These votes and others show the true awards and recognition. Grand Oil Party whose primary goal is at that time, and we talked about how Sister McNerney’s dedication to the courageous she was and that they had to protect the record profits of big oil youth of Santa Ana continues in her companies. If my colleagues are really to live on and move on in her spirit. retirement, as she is encouraging Tall- And so we are here to express and re- serious about supporting an all-of-the- er San Jose to find someone new, new flect on that day. To all the families above energy proposal, then they leadership to infuse that leadership who were impacted, you have our deep should join Democrats and support a into that group. condolences. sensible and comprehensive energy She is an extraordinary example of f package. community leadership. She is a friend, f and I thank her for her years of service ALL-OF-THE-ABOVE ENERGY to our community. STRATEGY RECOGNIZING MOSAIC f (Mr. SHIMKUS asked and was given (Mr. TERRY asked and was given permission to address the House for 1 permission to address the House for 1 COMMENDING FAYETTEVILLE’S minute and to revise and extend his re- minute and to revise and extend his re- FIRST CHRISTIAN CHURCH FOR marks.) marks.) 160 YEARS OF SERVICE Mr. SHIMKUS. Madam Speaker, I’m Mr. TERRY. Madam Speaker, I rise (Mr. BOOZMAN asked and was given pretty happy today. The rumors com- today to recognize all the good people permission to address the House for 1 ing out of the majority bring hope that

VerDate Aug 31 2005 01:08 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.008 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8025 we’ll have an opening up of the Outer minute and to revise and extend his re- PERMISSION TO CONSIDER AS Continental Shelf, not just in this en- marks.) ADOPTED MOTIONS TO SUSPEND ergy bill that should come to the floor Mr. PENCE. Madam Speaker, almost THE RULES next week, but also in stopping the 6 weeks ago this House adjourned for a Mr. HOYER. Madam Speaker, I ask prohibition on the continuing resolu- 5-week paid vacation. A year and a half unanimous consent that the motions to tion. That will bring the opportunity of had passed, and the Democrat leader- suspend the rules relating to the fol- more supply of oil and gas to our coun- ship remained, up to that moment, lowing measures be considered as try, a much-needed benefit. steadfast on one issue and one issue adopted in the form considered by the I know we all focus on crude oil a lot, only—there would never be a vote on House on Tuesday, September 9, 2008: but an all-of-the-above energy strategy the House floor that gave the American House Resolution 1207, H.R. 6169, and would also address coal. There’s two people more access to American oil H.R. 6513. provisions, Congressmen Boucher/ through domestic drilling. The SPEAKER pro tempore. Is there Shimkus coal-to-liquid bill, which House Republicans refused to go objection to the request from the gen- would help incentivize coal being quietly. We held this floor for 5 weeks, tleman from Maryland? turned into liquid fuel. That would demanding that, in the wake of this There was no objection. help decrease our reliance on imported 21st-century energy crisis, Congress The SPEAKER pro tempore. Without crude oil, make our country safer. come together in a bipartisan way and objection, sundry motions to recon- The Department of Defense wants develop a comprehensive energy bill sider are laid on the table. long-term contracting so that we can that said yes to conservation, yes to al- There was no objection. incentivize coal-to-liquid refineries. ternative sources of energy, and yes to That would also help. An all-of-the- more domestic drilling. And now, al- f above strategy would not forget coal. though we don’t have the language yet, ANNOUNCEMENT BY THE SPEAKER f there is word that there is a Democrat PRO TEMPORE bill coming to the floor that includes OUR NATIONAL SECURITY The SPEAKER pro tempore. Pursu- more domestic drilling. ant to clause 8 of rule XX, the Chair (Ms. FOXX asked and was given per- I rise to commend my Republican will postpone further proceedings mission to address the House for 1 colleagues who fought for the right of today on motions to suspend the rules minute.) the American people to debate, having on which a recorded vote or the yeas Ms. FOXX. Madam Speaker, this is a access to their own resources, and I say and nays are ordered, or on which the day to remember those who died in the to my colleagues, bring your bill to the vote is objected to under clause 6 of attacks on American soil 7 years ago. floor. We’ll bring our bill to the floor. rule XX. Since that day, this Nation’s security Make it an open debate. Let us cast the Record votes on postponed questions has been the highest priority on both votes, and let us lay forward a blue- will be taken later. sides of the aisle. We may not all agree, print for energy independence in the f we may not often agree, but we do love 21st century as the bipartisan accom- this country, and we want to do every- plishment of this Congress. EXPRESSING THE SENSE OF THE thing we can to ensure its security. HOUSE OF REPRESENTATIVES I stand today because this occasion is f REGARDING THE TERRORIST AT- a necessary time to think about the RECESS TACKS LAUNCHED AGAINST THE ways we get our energy. Energy is a UNITED STATES ON SEPTEMBER The SPEAKER pro tempore. Pursu- huge part of our national security. 11, 2001 Having domestic energy sources will ant to clause 12(a) of rule I, the Chair Mr. HOYER. Madam Speaker, I move help secure this Nation. declares the House in recess subject to to suspend the rules and agree to the It’s safe to say that no one in this the call of the Chair. resolution (H. Res. 1420) expressing the Chamber thinks that relying on foreign Accordingly (at 11 o’clock and 29 sense of the House of Representatives oil is a good long-term strategy for this minutes a.m.), the House stood in re- regarding the terrorist attacks Nation. It’s not good for our economy, cess subject to the call of the Chair. launched against the United States on and it’s not good for our security. f September 11, 2001. I also think both sides generally The Clerk read the title of the resolu- agree that using alternative sources of b 1333 tion. energy are essential to our Nation’s fu- AFTER RECESS The text of the resolution is as fol- ture. What we seem to disagree on is a lows: matter of logistics. How quickly can The recess having expired, the House we develop reliable cars that use other was called to order by the Speaker pro H. RES. 1420 forms of energy besides oil? How can tempore (Mrs. TAUSCHER) at 1 o’clock Whereas on the morning of September 11, we make solar and wind power more and 33 minutes p.m. 2001, terrorists hijacked and destroyed four civilian aircraft, crashing two of them into available to power individual homes? f the towers of the World Trade Center in New The truth of the matter is, such solu- York City and a third into the Pentagon out- tions are not immediately available. ELECTING A MEMBER TO A CER- TAIN STANDING COMMITTEE OF side Washington, DC; In the meantime, Americans still Whereas the passengers and crew aboard need to drive to work. They still need THE HOUSE OF REPRESENTA- United Flight 93 acted heroically to prevent to buy groceries. They still need to TIVES the terrorist hijackers from taking addi- heat their homes. We need to respond Mr. ACKERMAN. Madam Speaker, by tional American lives, by crashing the plane to the reality of our situation. While direction of the Democratic Caucus, I in Shanksville, Pennsylvania and sacrificing we continue to develop alternative en- offer a privileged resolution and ask their own lives instead; Whereas thousands of innocent men, ergies, we need to increase our supply for its immediate consideration. women, and children were brutally murdered of the energy this Nation relies on. We The Clerk read the resolution, as fol- in the attacks of September 11, 2001; have the resources. We have the tech- lows: Whereas 7 years later, the United States nology to get them in an environ- H. RES. 1426 still mourns their loss and honors their mentally friendly way. Let’s help out Resolved, That the following named Mem- memory; the American people who are looking ber be, and is hereby, elected to the fol- Whereas by targeting symbols of American to us for solutions. lowing standing committee of the House of strength and prosperity, the attacks were in- Representatives: tended to assail the principles and values of f the American people, to intimidate the Na- (1) COMMITTEE ON STANDARDS OF OFFICIAL tion and its allies, and to weaken the na- DEVELOPING A COMPREHENSIVE CONDUCT.—Mr. SCOTT of Virginia. ENERGY BILL tional resolve; The resolution was agreed to. Whereas the United States remains stead- (Mr. PENCE asked and was given per- A motion to reconsider was laid on fast in its determination to defeat, disrupt, mission to address the House for 1 the table. and destroy terrorist organizations and

VerDate Aug 31 2005 01:08 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.010 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8026 CONGRESSIONAL RECORD — HOUSE September 11, 2008 seeks to harness all elements of national The Chair recognizes the gentleman Inspired by each and every one of power, including its military, economic, and from Maryland. those sacrifices, let us renew our re- diplomatic resources, to do so; Mr. HOYER. Madam Speaker, I ask solve. We commit ourselves to defend- Whereas Congress passed and the President unanimous consent that the 20 minutes ing our people against any and all fu- signed numerous laws to assist victims of , protect our Nation, combat ter- accorded to me be managed by Mr. ture threats. We remain steadfast in rorism at home and abroad, and support, in ACKERMAN of New York. our commitment to disrupt, dismantle, the field and upon return, the members of The SPEAKER pro tempore. Is there defeat, and destroy terrorist networks the Armed Forces who courageously defend objection to the request of the gen- that endanger all that we hold dear. We the United States; tleman from Maryland? will devote to that cause all of our Whereas the terrorist attacks that have There was no objection. military might, all of our diplomatic occurred around the world since September GENERAL LEAVE skill, and all our moral force. 11, 2001, remind us all of the hateful inhu- Mr. ACKERMAN. Madam Speaker, I Americans have worked tirelessly to manity of terrorism and the ongoing threat it poses to freedom, justice, and the rule of ask unanimous consent that all Mem- make our Nation safer. This Congress law; bers may have 5 legislative days to re- has passed, and the President signed, Whereas the United States has worked co- vise and extend their remarks and in- numerous laws to assist victims, com- operatively with the nations of the free clude extraneous material on the reso- bat terrorism, protect our homeland, world to capture and punish terrorists and lution under consideration. and to support the members of our remains committed to building strong and The SPEAKER pro tempore. Is there Armed Forces who defend our interests effective counterterrorism alliances; objection to the request of the gen- at home and around the world. Whereas immediately following September tleman from New York? Most importantly of all, we adopted 11, 2001, the United States Armed Forces There was no objection. last year all of the recommendations of moved swiftly against al-Qaeda and the Taliban, which the President and Congress Mr. ACKERMAN. Madam Speaker, I the 9/11 Commission. And now we must had identified as enemies of the United am happy to yield to the majority lead- implement them. States; er, Mr. HOYER, 1 minute. We must keep working to keep Amer- Whereas in doing so, brave servicemen and Mr. HOYER. I thank the gentleman ica secure. We can always do more. women left loved ones in order to defend the from New York, and I thank Ms. ROS- And, as the chairman of the 9/11 Com- Nation; and LEHTINEN, for bringing this to the mission pointed out, we are not yet Whereas 7 years later, many servicemen floor. strong enough. Today is a reminder and women remain abroad, defending the Na- Madam Speaker, I rise to speak on that in this uncertain century, even tion from further terrorist attacks and con- this resolution not as a Democrat but tinuing to battle al-Qaeda and the Taliban: the most powerful Nation on Earth is Now, therefore, be it as an American. vulnerable. September 11 is seared into my mem- Resolved, That the House of Representa- So let us add humility and watchful- tives— ory just as December 7 was for an ear- ness to our mourning because we are (1) recognizes September 11 as a day of sol- lier generation. Indeed, I know it is defending something greater and more emn commemoration; seared in the memory of every Amer- powerful than our own lives. We are de- (2) extends its deepest condolences again to ican. fending the same ideals to which our the friends, families, and loved ones of the It was a day of horror and of heroism, founders pledged more than two cen- innocent victims of the September 11, 2001, and each year it will be a day for us to turies ago, their lives, their fortunes, terrorist attacks; renew our devotion to the ideals that and their sacred honor. (3) honors the heroic service, actions, and make our Nation what it is, ideals of sacrifices of first responders, law enforce- We are defending the American ideals ment personnel, State and local officials, liberty, tolerance, equality, and the that stretch through our history and volunteers, and others who aided the inno- rule of law. animate our spirit even today. And no cent victims and, in so doing, bravely risked On this seventh anniversary, this res- attack, no attack, can break them. and often sacrificed their own lives; olution introduced by myself and the Madam Speaker, I urge all of my col- (4) expresses gratitude to the foreign lead- Republican leader, Mr. BOEHNER, recog- leagues to join with Mr. BOEHNER and ers and citizens of all nations who have as- nizes September 11 as a day of remem- me in unanimously supporting this res- sisted and continue to stand in solidarity brance and resolve. We mourn nearly olution of remembrance and resolve. with the United States against terrorism in 3,000 men, women, and children mur- Ms. ROS-LEHTINEN. Madam Speak- the aftermath of the attacks; (5) asserts in the strongest possible terms dered. We pledge to keep their names er, I yield myself such time as I may that the war on terrorists and terrorism is alive and their memories fresh, and we consume. not a war on any nation, any people, or any pledge ourselves, once again, to those It has been 7 years since the unimagi- faith; who loved and lost them. nable happened, unimaginable, but (6) recognizes the heroic service, actions, And we recall the heroism of this nevertheless all too real. and sacrifices of United States personnel, in- day, the light of courage that shines It is difficult to believe that the cluding members of the United States Armed brightest in the darkest hours. We re- months and the years have passed so Forces, the United States intelligence agen- member the service and sacrifice of our quickly for some, so slowly for others. cies, the United States diplomatic service, But although the passage of time can- and their families, who have sacrificed first responders, firemen, policemen, much, including their lives and health, in de- medical personnel, average citizens; 343 not erase the scars, it often shows fense of their country against terrorists and firefighters, 37 Port Authority officers, mercy by soothing the raw wounds of their supporters; 23 police officers. They served us unto experience and transforming them into (7) vows that it will continue to take what- death and they died in service. memory. And that is our purpose here ever actions are appropriate to identify, We remember the heroic passengers today, Madam Speaker, to remember, intercept, and defeat terrorists, including of United Flight 93, ordinary Ameri- to remember the victims and to remind providing the United States Armed Forces, cans who found in themselves unthink- ourselves of the hatred that fuels the the United States intelligence agencies, and able reserves of heroism and saved the enemies of freedom and their desire to the United States diplomatic service with the resources and support to effectively and building in which we stand at the cost destroy us, to destroy our homeland, to safely accomplish this mission; and of their lives. destroy everything that we represent. (8) reaffirms that the American people will The Capitol’s dome rises on this hill Every American and millions around never forget the sacrifices made on and since as a symbol of freedom and liberty and the globe remember that day, remem- September 11, 2001, and will defeat those who democracy. Surely that was the target ber where they were and what they attacked our Nation through our shared de- of those terrorists, and they would were doing when they heard the news termination, spirit, and embrace of demo- have succeeded save for the extraor- and turned on their televisions. They cratic values. dinary courage of the passengers of remember the numbing shock and the The SPEAKER pro tempore. Pursu- that flight. horror of that day. All wanted to do ant to the rule, the gentleman from We send our thoughts far away as something to help, and yet there Maryland (Mr. HOYER) and the gentle- well from this Chamber where our serv- seemed at that time to be so little that woman from Florida (Ms. ROS- icemen and women are serving and could be done to relieve the suffering LEHTINEN) each will control 20 minutes. fighting in harm’s way as we speak. and the fear.

VerDate Aug 31 2005 01:08 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A11SE7.005 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8027 Thank God that there were men and away, that our enemies will tire of the tremists, ideas matter as much as am- women in a position to help and who battle, that they will experience a munition, and this Nation must em- did so at great risk and at great cost to change of heart, and that they will re- ploy its soft power—its moral, eco- themselves. We honor those individuals nounce the evil that they have com- nomic, financial, diplomatic and cul- for their bravery, none of whom sought mitted, and instead, we know that they tural resources—to the very fullest. fame, many of whom lost their lives so will eagerly plan to do so again. The global realities of the 21st cen- that others might live. We must remember that we cannot tury require us to use the full range of But while it is appropriate that we hide, that we must not fall prey to the nonmilitary tools as a fundamental pil- remember the events of that day, that easy belief that there are easy solu- lar of our national security. We in Con- we mourn those whom we lost and cele- tions because, in fact, there are none. gress must support full funding for our brate the many heroes, our attention But there is no room for despair, international affairs programs. They should not be fixed entirely on the past Madam Speaker. For more than two bolster our national security by allow- for the attack on us was not a single centuries, our country has risen to ing us to work with foreign partners to blow but the declaration of a war. meet the challenges that at the time track down terrorists overseas, to se- We suddenly learned that this war seemed impossible, when the odds cure dangerous weapons wherever they had already been fought against us for against us seemed to be too great, and are found, and to help stabilize fragile many years and in many places, but we the path to victory seemed difficult to states. had not recognized it for what it was. see. But we have always prevailed. Madam Speaker, this country is in We had the taking of our embassy and So on this day of remembrance, the midst of a competitive election Americans hostages in Iran in 1979, the Madam Speaker, let us reflect upon all campaign. The stakes could not be bombing of our embassy compound and those whom we have lost, on all those higher. But today we set aside all of the Marine attacks in in the who guard us still today, and on the that to remember what unites us is early , the first World Trade Cen- task remaining for all of us, and pledge greater than that which divides us. We ter bombing by Islamic terrorists in to do our duty as have all the genera- all love our country and seek to keep it 1993, and the attack on the Khobar tions that have preceded us. safe in these perilous times. Towers in Saudi Arabia, the USS Cole, God bless the United States of Amer- Madam Speaker, none of us will for- and our embassies in Kenya and Tan- ica, now and always. get what happened 7 years ago today. zania, also in the 1990s. With that, Madam Speaker, I reserve We will always remember the victims The goal of our self-proclaimed en- the balance of our time. of 9/11 and the loved ones who survived emies is not to defeat us but to destroy Mr. ACKERMAN. Madam Speaker, I them. We still have unfinished work. us. For they must destroy us if they rise in strong support of this resolution Congress still needs to act, and hope- are to destroy the civilization we rep- and yield myself as much time as I fully soon, to provide the care to the resent which they have defined as their may consume. people who rushed to Ground Zero to ultimate aim. Their fantasies cannot Madam Speaker, this resolution pays help others, as well as the thousands be made true as long as we exist to homage to the lives lost on the 11th of who worked on the ‘‘pile’’ in the after- stop them. September in 2001 and recognizes this math to rebuild the site. This is a new type of war, Madam anniversary as a time of solemn com- We owe those heroes of 9/11 the care Speaker, which presents unfamiliar memoration. It extends deepest condo- and compensation they deserve. We challenges, and it will test us in ways lences to the friends, families and will always honor the first responders for which the methods of the past have loved ones of the innocent victims of who lost their lives that day—and only a limited use. the terrorist attacks; it expresses grat- those in uniform who risk their lives Securing victory will task our men- itude to the leaders and citizens of today and every day to defend Amer- tal and material resources and will re- other countries who assisted, sup- ica. quire innovative approaches and un- ported, and stood by the United States Madam Speaker, I reserve the bal- conventional solutions. But our cour- in the aftermath of the attacks; and it ance of my time. age, our steadfastness, our determina- honors the Nation’s first responders, Ms. ROS-LEHTINEN. Madam Speak- tion will be as greatly challenged. Armed Forces and others whose valiant er, I am pleased to yield 5 minutes to In the 7 years since we were at- efforts are a credit to their country the gentleman from Virginia, the rank- tacked, we have come to know our en- and who continue to keep us safe. ing member on the Committee on Over- emies, we have come to know their Each of us remembers exactly where sight and Government Reform, Mr. plans and their methods of operation. we were on 9/11 when we heard the trag- DAVIS, who lost many friends and con- b 1345 ic news. We remember the days of stituents at the Pentagon on that fate- As we see them more clearly, we are unity that followed when we acted to- ful day 7 years ago. increasingly able to uncover their net- gether to protect this country from Mr. DAVIS of Virginia. I thank my works and locate their hiding places. those determined to harm us and un- friend for yielding. But we should not expect an easy suc- dermine our way of life. The passage of time should bring per- cess. Our enemies have many allies and Last year, we took a major step in spective, a clarity of thought and vi- have sunk deep roots that will not eas- furtherance of that goal by enacting, sion only possible from a distance. ily be torn out. with bipartisan support, legislation to Seven years after this Nation was sav- Even as I speak, our warriors are implement the recommendations of the agely attacked by terrorists, we have fighting for us and for our country far 9/11 Commission, in both its domestic to ask: What should we discern today away from their homes. I am proud and foreign policy dimensions. By looking back at those events, and what that my stepson and my daughter-in- doing so, we addressed major security lessons are the silenced voices of the law are two of those warriors who vulnerabilities and improved our home- dead still urging us to heed? served in Iraq and Lindsey in Afghani- land security across the board. I call on But grief numbs the painful past, and stan as well. the President to continue his work to complacency can obscure our view of We pray for the success of all of our fully implement that act. future perils. We pause to mourn, to re- personnel in harm’s way, knowing that Al Qaeda remains a serious threat to member, to pay homage to those lost, victory will not be achieved in one de- the United States. In particular, the al not out of ritual obligation, but in sol- cisive battle but in many small ones Qaeda leadership that was responsible emn self-interest. We invoke the cher- and fought in many ways and in many for ordering the attacks on September ished memories of the victims of Sep- places around the globe. 11 has been reconstituted in the tribal tember 11, 2001, to rekindle the time- Let us remember this as we prepare areas of Pakistan. From that safe less flame of vigilance in the living. If our defenses and make our plans to haven, they continue to pose danger to we forget those lost, more will perish. seek out and destroy those who would the world and increasingly threaten Today, the Pentagon memorial to 9/ destroy us. American troops in Afghanistan. 11’s heroes is being dedicated. A perma- We must not deceive ourselves with And this is more than just a military nent shrine to the 184 people who gave the hope that this threat will just go campaign. In the battle against ex- their lives there 7 years ago, it stands

VerDate Aug 31 2005 01:08 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.013 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8028 CONGRESSIONAL RECORD — HOUSE September 11, 2008 as a serene reminder of their sacrifice. many friends who are still around and away—I got to know several of the wid- It should inspire us, in their memory, would still do us harm, and we as a Na- ows and the loved ones and was so to honor all those who fight to defend tion have to be resolved, to be prepared moved and so impressed by their love America and advance freedom every to fight against terrorism, yes, conduct for the victims. Their loss was—is—ex- day. the war on terror. I know some don’t cruciatingly painful. But the families Our remembrance of the past should like that phrase, but there is a war on also had a great sense that we needed also light the path through present terror, and we have to make sure that to do more to ensure that this never challenges. Seven years ago, the price we do everything possible to win that happens again. And whether it be the of a barrel of oil was $20. Today, it’s war on terror. ‘‘Jersey Girls’’ who walked the halls of over $100. Dependence on foreign en- As was mentioned before, we all re- this Congress, strongly advocating for ergy sources adds to the vulnerabilities member where we were that day when the establishment of the 9/11 Commis- exploited seven Septembers ago and we first heard the news. We all remem- sion, or the others—I even actually constrains our options in trying to ber how we felt, and I remember a day hired one of the individuals who lost a make America and the world more se- or two after the carnage going down loved one in my office to do case work. cure. Honoring the sacrifices of 9/11 there, looking around, and standing in And her sensitivity and her sense of today calls us all to put aside personal disbelief and saying I can’t believe that concern for those who suffered irrep- convenience and political bias in the this is New York, I can’t believe that arable loss that day has been inspiring struggle against global carbon addic- what I’m seeing isn’t just a dream, I to me as it has been to members of our tion. can’t believe that I’m not going to delegation in New Jersey and so many Our attention span can be short. In pinch myself and wake up. others as well. the age of the 24/7 cable news cycle, 7 Let me say that we still have a fight The scars remain, obviously, Madam years is an eternity. But to those who on our hands. It’s also a fight to honor Speaker, in the painful void in the lives attacked us, it’s just seven grains of our first responders, to say thank you of the families who sought in vain to sand in the arid desert of their malevo- continuously to those who protect us, make some sense of their horrific and lent thousand-year campaign of horror. and to remind ourselves that there are tragic loss. And the scars remain em- Each September 11 should remind us of literally thousands upon thousands of bedded in the fabric of our society, the brevity of our time here, the pre- New Yorkers and people in other which has had to learn to cope with the ciousness of each life, and the urgency States who came down in the after- reality of a world where indiscriminate of the challenges we still face. math of the World Trade Center catas- large-scale attacks on human life are a A great American author said, trophe and helped people. And those constant threat. ‘‘There is a sacredness in tears. They people, as a result, have difficulty and Madam Speaker, while recognizing are not the mark of weakness, but of health problems today, and we as a Na- the extraordinary efforts and courage power. They speak more eloquently tion must continue to make sure that of America’s first responders—the fire- than 10,000 tongues. They are mes- these people are protected and taken fighters, police officers, emergency re- sengers of overwhelming grief and un- care of and not turn the other way and sponse personnel, the heroes—it was speakable love.’’ Today’s tears convey look the other way. also apparent from the terrorist at- messages of grief and love to those lost Right now, the New York delegation tacks that our Nation had much to 7 years ago in , is fighting to make sure that the first learn. We had to craft policies to better Shanksville, Pennsylvania, and at the responders and others who helped peo- protect our people. Pentagon. ple and who became sick as a result are I was one of those, among so many I urge passage of this resolution. not turned way and that we are taking Mr. ACKERMAN. Madam Speaker, I others, who advocated early and con- care of them, and let us resolve to con- sistently for a commission to chronicle am pleased to recognize now for 3 min- tinue to do that and more in the after- utes the chairman of the Foreign Af- the facts, missteps and opportunities math of September 11. lost leading up to the tragedy and to fairs Subcommittee on the Western Madam Speaker, I rise in strong sup- Hemisphere, the distinguished gen- develop a well-informed, thoughtful port of this resolution, and I think that strategy to reduce the future risk of an tleman from New York (Mr. ENGEL). the Congress unanimously should attack. The 9/11 Commission—that was Mr. ENGEL. Madam Speaker, I rise speak with one voice and say, Never in strong support of this resolution, chaired so ably by Governor Tom Kean, Again. the former Governor of New Jersey, and I thank my friend from New York Ms. ROS-LEHTINEN. Madam Speak- and former chairman of the Foreign Af- (Mr. ACKERMAN) for yielding to me. er, I am pleased to yield 5 minutes to fairs Committee, Lee Hamilton—issued I speak obviously as an American, the gentleman from New Jersey (Mr. an historic, incisive report, a com- but I also speak as a New Yorker. And, SMITH), the ranking member of the prehensive report which, together with Madam Speaker, there isn’t a New Subcommittee on Africa and Global subsequent legislation, was not only Yorker alive, as there isn’t an Amer- Health of our Foreign Affairs Com- thoroughly examined by House and ican alive, whose life was not changed mittee, who knows the personal suf- Senate committees, but virtually all of as a result of what happened 7 years fering of 9/11 as he represents family the recommendations were enacted ago today on September 11, 2001. I lost members of the victims and lost over 50 into law. The whole thrust, post 9/11, many constituents in the attack on the fellow citizens from his congressional Madam Speaker, is to mitigate and, World Trade Center, lost many friends, district when the World Trade Center God willing, prevent such a tragedy and even today, every week when I fly towers were hit. back into New York and I look at the from ever occurring again. landscape of New York City, I always b 1400 Madam Speaker, we must be diligent imagine where the Twin Towers would Mr. SMITH of New Jersey. I thank in searching for and implementing new be and know that the landscape has my good friend, the distinguished rank- means for responding to developing changed forever. ing member, ILEANA ROS-LEHTINEN, for threats. Our enemies are constantly But even more importantly than the yielding. And Madam Speaker, I rise in searching for our vulnerabilities, and landscape, it’s what was done to all of strong support of the resolution. our ability to remain ahead of them is us as Americans on that day. I think Despite the passage of 7 years, critical to our very survival. we lost our innocence that day. I think Madam Speaker, the scars from the at- I want to thank Mr. HOYER for intro- the feeling that somehow or other we tack on our country on September 11, ducing this piece of legislation which could never be attacked because we had 2001 remain. They remain from the loss gives us the opportunity to have an of- the Atlantic and the Pacific Oceans of the lives of nearly 3,000 innocent ficial solemn expression. It extends our protecting us went out the window, and men, women and children, including deepest condolences to all who suffered we realized that we were as vulnerable over 50 men and women from my own the loss of a loved one as a result of the as anyone else. district, the 4th District of New Jersey. attacks here in Washington and in New The evil people who forced the planes Over the course of these several York and in Pennsylvania. To honor to fly into the World Trade Center have years—as a matter of fact, almost right those who courageously risked and

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.015 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8029 even sacrificed their lives, some fire- source of a future attack against our for. When the service was over, the par- fighters bravely went up those stairs at country. ents insisted on seeing me. They said the World Trade Center knowing that On this day of memory for loss and to me the same thing, the exact same it was fraught with unbelievable dan- sacrifice, my resolve to do my part in thing, the Hansons had said ‘‘This can’t ger to their own lives. The legislation performing Congress’ unique and nec- be about anger and hate.’’ recognizes the service and sacrifice of essary role in preventing a recurrence I think about Beverly Eckert, who our military personnel and their fami- of such attack only grows stronger. met her husband years ago in junior lies who continue to strive to protect Ms. ROS-LEHTINEN. Madam Speak- high school, Sean Rooney. She called our country both here and abroad, and er, I yield 4 minutes to the gentleman him on the phone because she thought to continue to take all appropriate ac- from Connecticut (Mr. SHAYS), the he might be in one of the Twin Towers, tions, and to do so, I would submit, in ranking member of the Oversight Sub- and he was. He told her, ‘‘Honey, I a bipartisan way to defend and protect committee on National Security and can’t get out of the building.’’ And she our Nation. Foreign Affairs, as well as a member of said, ‘‘Go upstairs. Go to the top and This is a very good resolution and a the Intelligence Subcommittee on the you get to the observation floor and be very solemn day for America. Homeland Security Committee. He also rescued.’’ So she spoke to him as he Mr. ACKERMAN. Madam Speaker, it has experienced the dramatic impact of went to the top floor but the door was is now my pleasure to yield 3 minutes the 9/11 attacks as he lost so many con- locked. She spoke to her husband for to the chairman of the Committee on stituents and continues to this day to more than a half an hour knowing it Armed Services, the distinguished gen- comfort and assist the over 80 families was the last time they would ever tleman from Missouri (Mr. SKELTON). impacted by that attack. speak, and said goodbye to him as the Mr. SKELTON. I thank the gen- Mr. SHAYS. Madam Speaker, 9/11 building collapsed. tleman. was a wake-up call from hell. We all Well, we know it can’t be about anger I thank Majority Leader HOYER and know how we reacted to it, but the and hate, but it is a wake-up call. Minority Leader BOEHNER for crafting weeks that followed for those of us in There is more than one inconvenient this elegant, bipartisan resolution the greater New York area had special truth that confronts us. The one the today, solemnly marking the tremen- meaning. It was a very poignant time. dous tragedy of 9/11 and honoring the I think of the family of Joe Coppo, 9/11 Commission talks about, Islamic thousands of Americans who have whose son Joseph, at the time a college terrorists, who would do us harm at worked since to recover and stop a student, said goodbye to him at a serv- home and abroad. similar event from happening again. ice in New Canaan. He talked about his We are confronting Islamic terrorists And although the aftermath of the dad and said, ‘‘Dad, you wanted me to in Iraq and in Afghanistan, in Europe, 9/11 attacks will resonate for genera- become an adult. You taught me so in Asia, in North and South America. tions, the terrorists’ cold-blooded vio- many things.’’ This is a young man We are confronting them not out of lence will never break the American who is now a marine and served in Iraq. anger and hate, but with the steely re- spirit, alter our values, or shake our He told us of all the things that his dad solve that Americans are known for. resolve. wanted him to learn. And then he said, God bless the 9/11 families. God bless The job of protecting the American ‘‘Dad, I have learned from you. Don’t those who tried to save them. God bless people is a perpetual responsibility. We worry, I’m an adult now.’’ And then all who live in this great country. We are blessed with dedicated men and looking at his mom he said, ‘‘I’ll be will prevail! women in uniform and civilian roles there to take care of mom.’’ Mr. ACKERMAN. I am pleased to who serve our Nation with honor here The next week in the same church, yield 2 minutes to a member of the at home as well as abroad. Frank Fetchet, in talking about his Committee on Financial Services, the As we remember the fallen today, all son Brad and all the things he wanted gentleman from Indiana (Mr. CARSON). of us must renew our commitment to him to learn, said, ‘‘Son, I learned far Mr. CARSON of Indiana. Madam do all that is necessary to protect our more from you than I learned from Speaker, I come to the floor today with families, our communities, and our Na- me.’’ a heavy heart as we remember and pay tion. I think of a service in Easton, at a our respects to those brave Americans I cannot say enough in recognition of small New England church that was we lost in the September 11 terrorist the incredible sacrifices being made by built hundreds of years ago and was so attacks. military families around the world. small that most people couldn’t fit in. But Madam Speaker, I also come to Time and again, we grow concerned It was a beautiful sunny day, and most the floor today with a feeling of resil- that the burden for them will be too of the congregation was outside. They ience and determination, a resilience great, and yet they’ve continued to were talking about a young father, a and determination that says we must amaze us with their dedication to young mother, and a precious 3-year- remain vigilant in dismantling those country and devotion to service, not to old child who were on the plane that terrorist networks intent on doing us mention their unsurpassed skill. brought down the second Twin Towers. I still worry that we have asked too They talk about Peter Hanson, his harm; a resilience and determination much of these few Americans and too wife Sue Kim, and their daughter that mandates that we give our intel- little of the rest of us. But I cannot be Christine. They talked about the father ligence agencies the resources they prouder of those in uniform and their and the mother, and then they had the need to neutralize these rogue organi- families. nursery school teachers where their 3- zations that target our citizens and Seven years ago, al Qaeda terrorists year-old child attended school, speak threaten the security of our homeland. intent on destroying symbols of Amer- about precious Christine. They ended Having served as a police officer and ican power ruthlessly killed thousands by asking us to hold hands and sing a supervising watch officer with the In- of innocent people. The genesis of the Christine’s favorite song, ‘‘The Barney telligence Fusion Center at the Indiana 9/11 attacks emerged from al Qaeda Song.’’ Department of Homeland Security, I bases in Afghanistan. I remain deeply When I left, Peter’s parents wanted know firsthand about the security concerned that the United States has to see me and said, ‘‘This can’t be threats facing our Nation. And in order not given the war in Afghanistan the about anger and hate.’’ They were to successfully combat these threats, it priority it deserves. That concern was sweetly telling me about what it is going to take a sustained and con- only reinforced yesterday by the testi- couldn’t be, and I was thinking I need- certed effort from all of us. Therefore, mony of the Secretary of Defense and ed to comfort them. it is my hope that we use this anniver- the Chairman of the Joint Chiefs of On this day, September 11th, I think sary, Madam Speaker, as an oppor- Staff before the House Armed Services of a family, Neal and Jean Coleman, tunity to remember our fallen breth- Committee. Admiral Mullen testified and with their only remaining son, who ren, but also to reaffirm our commit- that the United States is not yet win- the next day were saying goodbye to ment to protecting our citizens and our ning in Afghanistan. This is unaccept- their two sons who perished, Scott and homeland. able, particularly when military and Keith. It was a candlelight vigil, and Ms. ROS-LEHTINEN. Madam Speak- intelligence officials predict that this they were talking about their beautiful er, I yield 3 minutes to the gentleman volatile region is the most likely young sons who had so much to live from New Jersey (Mr. FRELINGHUYSEN),

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.017 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8030 CONGRESSIONAL RECORD — HOUSE September 11, 2008 ranking member of the Appropriations Mr. ISRAEL. I thank my good friend lies have dealt with their loss. Staten Subcommittee on Commerce, Justice, and colleague and neighbor, Mr. ACK- Island and Brooklyn alone lost more Science and Related Agencies, because ERMAN. than 300 people. If you go drive around over 700 people from New Jersey lost Madam Speaker, 7 years ago, they the of Staten Island today, you their lives on this day 7 years ago. say, changed everything. There were will see names with the names of Mr. FRELINGHUYSEN. Madam more funerals than we thought were those lost on September 11 as a con- Speaker, even after the remarkably imaginable, more tears, more despair, stant reminder of the extent of the car- emotional ceremonies on the House more a sense of loss. But there were nage and the damage. steps and at the Pentagon this morn- also more flags in this country than I have been to memorial runs. I’ve ing, it is still hard to believe that 7 ever, more pride and more unity. seen scholarships offered in the names years have passed since tragedy struck I remember how the people of my of the deceased. I’ve seen families try in lower Manhattan and in the fields of congressional district responded. I re- to tell their young children, who are Pennsylvania and at the Pentagon. It member the vigil at Heckscher Park in probably too young at the time to un- seems like only yesterday. In that Huntington, the elementary students derstand, what it meant when Daddy time, we have mourned the loss of so at the Idle Hour School in Oakdale wasn’t coming home anymore, when many innocent people, learned many planting a garden, the thousands of Mom wasn’t coming home. These chil- lessons, and have become stronger as a people who converged on Cow Harbor dren are at an age now that they can Nation. Park in Northport, the candlelight vig- begin to appreciate that they’ll never The events of that day demonstrated ils in Commack including one that will have a dad again. There were hundreds the truest form of evil our Nation has be held this evening. I remember at- of them on Staten Island alone and thousands across the country of young encountered, but in the face of that tending a recovery workers conference children who lost their fathers and lost evil, good arose. Firefighters, police several months after the attacks on 9/ 11 and speaking to a gentleman who in their mothers. and EMS personnel rushed to the scene The role we have here is very simple, very painful breaths and labored in lower Manhattan and at the other I think. That is to protect the Amer- breathing said to me, ‘‘Congressman, sites. They saw a danger in front of ican people and to ensure an attack I’m not sure I am going to survive them, but were determined to help like that never happens again. The those inside the Towers. Strangers what I did. Will you take care of my most powerful way we can memorialize helped each other out of the buildings family?’’ I remember the Viggianos and September 11, and as our own private knowing the risks they faced; neigh- the Downeys and the Murphys and over thoughts and prayers and to offer to bors and friends consoled one another; a hundred other families who lost extend a helping hand to those in need, and we saw Americans from all walks somebody on that day. but as Members of Congress I think we of life stand united side by side, It is important to remember these have a solemn responsibility and duty waiving the stars and stripes and light- things, but it’s also important to act. to stand up against the evil, against ing candles to honor those loved ones They need not only our commemora- our true enemies who want not to just missing or lost. tion, they need our health care. They destroy this country but our way of Others gave in other ways, giving need our continued moral support. life, and forever may we remember blood, donating to charity, or volun- They need our continued support in those who paid so dearly with their teering across our country. The best every sense of the word. lives on September 11, 2001. America has to offer was brought out We remember these things, and we Mr. ACKERMAN. Madam Speaker, I by those terrible events of that fateful also remember those who did us great am very pleased now to yield 2 minutes day. And we made a promise that harm that day. Those who continue to to the distinguished chairwoman of the morning that we would never forget, live in caves in Pakistan and Afghani- Subcommittee on State and Foreign and we won’t. stan. We will not forget them either, Operations, the distinguished NITA We are here this afternoon honoring and we support the courage and the LOWEY. those lost and remembering the sac- bravery of those in the military who Mrs. LOWEY. Madam Speaker, today rifices of those who serve us. We have continue to pursue them. is a solemn day for New Yorkers and not forgotten, and we never will. Seven Madam Speaker, I would make one all Americans as we remember the years later, we remember and we gath- other point, and that is this: Earlier men, women, children who lost their er. We remember those lost on Sep- today we assembled as Republicans and lives 7 years ago on September 11, 2001. tember 11, 2001; 3,000 Americans, 700 Democrats on the steps of the Capitol For many of us the wounds of that ter- from my home State, and people from and sang ‘‘God Bless America.’’ We did rible day are still raw, as are the re- more than 80 other countries around the same thing on 9/11 hours after the minders that are now woven into our the world. attack. I hope that we will remember daily lives. The pain associated with the unity that we displayed on that b 1415 the loss of loved ones, the still incom- dreadful day and the unity that we dis- plete skyline of Manhattan, the terror That morning too many of our played several hours ago and continue alerts, the checkpoints, the baggage friends and neighbors left for work, to work together to move our country searches and the war. never to return home again. There is forward, not just in the memory of The attacks of September 11 were in- no doubt about it: The character and those who perished and those who suf- tended to strike at the heart of our resolve of America is still strong. Let fered on 9/11, but to make this country country, our values, and our way of us take this time to honor and remem- a better place for them. life. In spite of this incredible act of ber those whom we lost that day. God bless them. God bless America. hatred and violence, however, Ameri- God bless you, those we lost, and God Ms. ROS-LEHTINEN. Madam Speak- cans remain united not only in our re- bless the United States of America. er, at this time I would like to yield 2 solve to defeat those who want to do us Ms. ROS-LEHTINEN. Madam Speak- minutes to the gentleman from New harm but in our unwavering support er, I ask unanimous consent to extend York (Mr. FOSSELLA), a member of the for our Armed Forces, first responders, debate time by an additional 20 min- Committee on Energy and Commerce. and the intelligence community who utes, equally divided. Mr. FOSSELLA. I thank the gentle- have answered the call to protect us at The SPEAKER pro tempore. Is there woman for yielding. home and abroad. It is in this spirit objection to the request of the gentle- Madam Speaker, it’s been suggested that we remain committed to honoring woman from Florida? that September 11 was a tragic day. In- the memories of all who lost their lives There was no objection. deed it was. But the reality is there on that horrible day and commending Mr. ACKERMAN. Madam Speaker, it were thousands of individual tragedies those who continue to risk their lives is now my pleasure to recognize for 2 that occurred. since then to bolster our homeland se- minutes a very distinguished Member Time has given us the perspective to curity, protect our ideals and values, from Long Island, a member of the look back and understand what really keep our communities safe, and ensure Committee on Appropriations (Mr. happened. It has given us the ability to that America never again experiences ISRAEL). look back and see how individual fami- such an evil act of violence on our soil.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.020 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8031 Thank you, Mr. ACKERMAN, for spon- fessional air traffic controllers in the related to the prosecution of al-Qaeda opera- soring this resolution, and God bless employ of the Government of the tive Zacarias Moussaoui, and later because America. United States, he and his colleagues Werth didn’t want the attention. Now, Ms. ROS-LEHTINEN. Madam Speak- Werth’s ready to discuss it and set the record worked hand in hand with our military straight. er, I would like to yield 2 minutes to to do the best they could under the It was Werth who heard the transmission the gentleman from South Carolina most trying of circumstances. His from Flight 93 that suggested a bomb was (Mr. BARRETT), an esteemed member of three decades of experience served aboard. The transmission, in a thick accent our Committee on Foreign Affairs. America well and cannot be overstated. and broken English, likely was from hijacker Mr. BARRETT of South Carolina. He, and I know his colleagues across pilot Ziad Jarrah, the 9/11 Commission deter- Madam Speaker, today we remember mined later. our Nation, acted with courage and dis- The bomb was apparently a bluff, a threat all those lost on September 11, 2001, a patch. And we all respect them deeply. the hijackers used to try to control the pas- day that changed America forever. No They carry with them in their memo- sengers. American will ever forget where they ries of that day the transmissions from At the time, Werth says, it created a new were on that fateful morning as the im- those cockpits. There is no question he level of alarm among the controllers clear- ages began to flash across the tele- and his colleagues literally saved thou- ing other planes out of the wayward path of vision screens. September 11, 2001 sands of lives by safely landing thou- Flight 93, which had departed from Newark, shook us to our core. And while our N.J., that morning and flown into Ohio be- sands of flights across this country. fore making a U-turn toward Washington. hearts broke, our spirits did not. In They avoided midair collisions and, for What if, Werth wondered, the hijackers had fact, Madam Speaker, they grew their grace under pressure, deserve a bomb—maybe even a nuclear device? How stronger. My thoughts and prayers are every recognition and medal of honor far would Werth have to keep other jets from with the families and friends of those the American people can bestow. They a nuclear bomb’s shock wave? Twenty miles? innocent individuals who died on that hold our admiration, they hold our Thirty? fateful morning. Seven years later les- Every time Werth turned other planes gratitude, and they hold our respect for away from Flight 93, the hijacked jet seemed sons have been learned. Our security, their patriotism and attention to duty. to surge toward them, he recalls, raising intelligence capabilities, and our inter- We are forever indebted to them. questions about what the hijackers were try- governmental communications have all The SPEAKER pro tempore. The ing to do. At the time, he knew that some improved, but we must always remain time of the gentlewoman has expired. passenger jets were missing and that one had vigilant. Mr. ACKERMAN. I yield the gentle- hit a World Trade Center tower in New York. On this day also, Madam Speaker, I woman an additional 15 seconds. ‘‘I’m saying, ‘What is he doing?’ ’’ Werth would like to pay tribute to our Armed recalls. ‘‘ ‘Is this about a midair collision.’ ’’ Ms. KAPTUR. I thank the gentleman an attempt to ram another passenger jet Forces who have answered the call of very much. with Flight 93? service after 9/11. Their dedication and On behalf of the American people and All the while, uncertainty gripped the na- sacrifice cannot be overlooked. Every certainly the citizens of Ohio who re- tion—and Cleveland Center, which oversees a day we live in peace and freedom we main extremely proud of John Werth wide swath of the nation’s skies between owe to them. The passage of time will and his colleagues and his air con- Chicago and New York. heal the scars from September 11, but troller associates across our country, ‘‘SOMETHING WAS REALLY OFF’’ we will never forget. please let the record show we extend That morning began routinely for Werth as Mr. ACKERMAN. Madam Speaker, I our abiding thanks on this historic he sat in front of his radar screen and radio, am pleased to yield 2 minutes to the surrounded by maps and computers. Soon, day. We extend our deep remembrances the news began trickling down to him. member of the Committee on Appro- to the families and communities still Two jets were ‘‘lost’’ over New York. priations, the distinguished gentle- affected. And we ask God to bless Someone said a small plane (actually a jet, woman from Ohio (Ms. KAPTUR). America and help us lead the world to it turned out) had hit the World Trade Cen- Ms. KAPTUR. I thank the distin- a more peaceful day. ter in New York. A supervisor told him to try to contact American Airlines Flight 77, guished chairman for yielding and con- [From USA Today, Sept. 11, 2008] gratulate Congressman ACKERMAN on which had gone missing over Kentucky. 7 YEARS LATER, THE TERROR IS STILL VIVID this resolution. ‘‘That’s when I knew something was really (By Alan Levin) off,’’ he says. Madam Speaker, I rise in support He was also told to keep an eye on Delta OBERLIN, OHIO—He spent most of his life today on the anniversary of 9/11, 2001, Air Lines Flight 1989, which had taken off controlling airplanes. But on this day seven and to pay tribute to the over 3,000 from Boston. Amid the confusion, controllers years ago, United Flight 93 was beyond con- in Boston worried it was connected to the Americans who lost their lives in New trol. jets missing in New York. Those jets, Amer- York, at the Pentagon, and in Pennsyl- Cleveland Center air-traffic controller ican Airlines Flight 11 and United 175, also vania. John Werth had never heard anything like Let me remember that day through had departed from Boston. it—the sounds of an animalistic struggle Finally came word that a second plane, a the life of one man, a retired air traffic crackling over his radio. He heard scream- large jet, had hit New York’s twin towers. controller, Mr. John Werth, a con- ing, hollering and two guttural groans com- The pilots of Flight 93, headed west to San stituent who was on duty that day at ing from the cockpit. Francisco from Newark, arrived at 9:24 a.m. the Major Air Control Center located The horror of one of the four 9/11 suicide in Werth’s control sector, a roughly 100-by- hijackings was playing out, Werth tells USA in Oberlin, Ohio, in our Ninth Congres- 100-mile patch in the Cleveland area that Today in his first public recounting of the handles only high-altitude traffic. The Boe- sional District of Ohio. His profes- day that forever changed America. sionalism and attention to duty that ing 757 carried seven crewmembers and 37 ‘‘I lost 40 people that day,’’ Werth says of passengers, including the four hijackers. terrible day saved hundreds, literally the desperate efforts he and his colleagues Within four minutes of arriving in Werth’s thousands of lives, though in the end made to communicate with Flight 93 and sector, according to the 9/11 Commission Re- he was not able to prevent the crash of keep other planes away from it until the jet port and other government documents, the United flight 93, which went down over crashed in a rural Pennsylvania field. hijackers had launched a violent takeover of Shanksville, Pennsylvania, and in Today, the story of that flight is well the jet. known—in books, movies and tales of her- During the struggle, one of the pilots tried which 40 of the lives lost that day re- oism about the passengers who tried to re- main forever in our memory. to make a distress call or inadvertently take the jet from four al-Qaeda terrorists, switched on the radio’s microphone, allowing In today’s issue of USA Today, which and probably prevented an attack on the Werth and other planes in the area to over- I shall include in the RECORD, Mr. White House or U.S. Capitol. For Werth, it’s hear what was happening aboard Flight 93. Werth’s photo and story appear on the been a vivid—if largely private—reality. He Werth says most of the sounds of the strug- front page. It is appropriate that after was there. He heard it all. gle were unintelligible. There were screams all these years some of the heroic sto- Werth’s account provides new details about and groans. Werth recalls turning to another ries of that day become more fully what happened as the hijacking unfolded and controller. ‘‘I looked at him and said, ‘Dave, available to the public. Mr. Werth’s how the chaos in the skies caused alarm and did that sound the same to you as it did to confusion for controllers and national secu- clearheaded efforts, under great pres- me?’ He just kind of looked at me wide-eyed rity forces. and nodded.’’ sure and amid great national confu- For seven years, Werth, 61, hasn’t told his He knew another flight was probably under sion, diverted aircraft away from the story publicly, initially because he was not attach, but which one? ‘‘Somebody call highjacked plane, saving lives. As pro- allowed to because of a government subpoena Cleveland?’’ he radioed. No one replied.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.022 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8032 CONGRESSIONAL RECORD — HOUSE September 11, 2008 Thirty-three seconds later came a second radar as the jet crashed near Shanksville, and courage we have seen over the last broadcast from the cockpit. It also had the Pa., at 10:03. 7 years. We must honor the legacy of sounds of a struggle, but this time Werth A BOND WITH FLIGHT 93 the fallen and stand united against the made out a few words: ‘‘Get out of here. Get Werth retired in 2003 without ever having continued threats to our country. out of here.’’ made an air-traffic error during his 32-year I ask my colleagues to join me in re- About that time, Flight 93 descended about tenure, according to the Federal Aviation 700 feet. By then, Werth was pretty sure the newing our commitment to these prin- Administration, a remarkable record in an ciples that have made us the home of flight had been hijacked. What were the hi- era when computers automatically track jackers up to? Why do they want to be over when planes get too close together. the brave and will continue to keep us Cleveland? Why are they this far west? I He says he has focused his life on his wife, the home of the free. thought at first, well, you’ve got the Sears Mary Kay, and his passion, golf. He says he Mr. ACKERMAN. Madam Speaker, I Tower (in Chicago) straight west,’’ he says. has watched with occasional outrage as he am pleased to yield 2 minutes to the There were no procedures or training exer- has been portrayed in movies and books chairman of the Veterans’ Affairs Sub- cises for such an emergency, Werth says, so about 9/11 by people who had never spoken to committee on Disability Assistance he made it up as he went along. He asked him. other crews whether they had heard the scuf- and Memorial Affairs, the distin- Today, he will attend a memorial service guished gentleman from New York’s fle over the radio. When they replied, he in Shanksville for the crew and passengers of knew they were still OK. Flight 93.He’s not sentimental or emotional 19th Congressional District. The hijacked jet became erratic. It sped up about that day, but he feels a bond with the b 1430 and started gaining on another United flight. victims. Werth commanded the second jet to turn ‘‘It’s hard, when you’re a controller, to lose Mr. HALL of New York. While the right. Seconds later, Fight 93 turned to the an aircraft,’’ he says. ‘‘When there is abso- terrorists were able to destroy the right, too. lutely nothing you can do and you’re not in World Trade Towers in New York City, Minutes later, as Flight 93 climbed from control, it’s doubly hard.’’ and damage the Pentagon on Sep- 35,000 to 41,000 feet, Werth told Delta Fight 1989 to turn right to clear it away from the Ms. ROS-LEHTINEN. Madam Speak- tember 11, 2001, they did not take into hijacked jet. Then Flight 93 made a 180-de- er, I am pleased to yield 2 minutes to account the indomitable American gree turn back toward the east, forcing the gentleman from Ohio (Mr. JORDAN), spirit. Werth to move the Delta flight back out of a member of the Judiciary Committee. My most lasting image of that day is the way. ‘‘Delta 89, we’re gonna go the other Mr. JORDAN of Ohio. Madam Speak- not planes flying into buildings or tow- way,’’ he radioed. er, I rise today to join my colleagues in ers collapsing. I remember the people— As Flight 93 passed over Akron, headed by strong support of this important reso- firefighters, police officers, EMTs, ordi- that time in the direction of Washington, lution. Today we pause to remember nary men and women—doing every- Werth heard a supervisor call out that a jet had just struck the Pentagon. nearly 3,000 who were killed, and thou- thing in their power to help. I think of sands more who were injured, on that all the people who rushed downtown, ‘‘IT’S THE DELTA!’’ fateful morning 7 years ago. We re- without regard to their own safety, de- Before United 93 had even checked in with member the unspeakable evil we saw termined to do what they could do for Werth, a supervisor had asked him to watch Delta 1989, a westbound flight from Boston that morning, the terror that con- others. They clearly demonstrated to to Los Angeles. It was 60 miles east of his fronted us on our own shores. But we our enemies that our spirit cannot be sector, flying behind the United jet. also remember the heroism of count- broken and that we are determined to Werth has never been sure who called the less ordinary Americans who did ex- confront any threat to our national se- facility to warn about the flight or why, and traordinary things that tragic day and curity. other accounts have been murky. The flight in the weeks and months that followed. The United States will never give in was a Boeing 767 like two other hijacked Like the firefighters, paramedics, po- to terrorism and we will never shirk flights out of Boston. It would have been log- lice officers, and other first responders from our duty to defend our country ical to suspect that it, too, might have been a target. who rushed into crumbling burning and the principles for which it stands. As Werth struggled to keep other jets away buildings, risking and giving their lives I urge all Americans to honor those from United 93, he had to turn the Delta to do their duty and to save others, who lost their lives on September 11, flight several times. The pilots responded and, of course, the millions of Ameri- and to commit ourselves to whatever normally. He couldn’t be sure of anything cans who gathered in church to pray, sacrifices it may take to prevent such that day, but it seemed a safe bet that the in communities centers and schools to an attack from taking place again. Delta flight hadn’t been hijacked. organize relief for victims, and lined up Also, I’d like to especially recognize However, someone in the military seemed around the corners to give blood. When a constituent and friend, named Jay to have mixed up the Delta flight with the hijacked jet. A supervisor rushed up to evil confronted America that day, we Winuk, the founder of Werth and said, ‘‘It’s the Delta, it’s the did not flinch, we did not back down, MyGoodDeed.org, an organization he Delta!’’ Werth recalls. She told him that a and we did not surrender. created to further honor the victims, military liaison on the phone had confirmed In the 7 years that have passed since families, and survivors of September that the Delta jet was hijacked. that day, our Nation has remained on 11, by encouraging the government to Werth told her he was pretty sure United offense against the threat of radical Is- recognize that day as a national day of 93 had been hijacked, not the Delta one. A lamic extremism. It is a struggle that community service, and to encourage few moments later, she came back. will define our generation and shape people to perform good deeds to mark ‘‘He’s fine—at least for now,’’ Werth told her. the next American century. We did not the date. After consulting again on the phone, she choose this battle, but we will meet it, Jay’s brother, Glenn Winuk, was a returned again. ‘‘They said it’s a confirmed as Americans always have, and we volunteer firefighter and attorney hijack and a bomb threat,’’ she told him. It must be victorious. working at a Manhattan law firm on was United 93 that had made the bomb I would again like to express my 9/11. He lost his life at the World Trade threats, Werth thought. That convinced him gratitude to the United States Armed Center after helping to evacuate every- they had to be confusing the two flights. Forces. Hundreds of thousands of sol- one from his office, and then rushing ‘‘Tell them they’re full of it!’’ Werth says diers, sailors, airmen, and marines back into the South Tower, looking for he replied. ‘‘I thought, ‘God, don’t (have military jets that were being scrambled) go have answered the call of their country others to save. When he was last seen after the wrong plane.’ ’’ in her hour of need. They and their alive, Glenn was helping people escape At 9:44 a.m., the Delta pilots requested a families have made countless sac- the tower and reach safety. change of course from Werth. The same con- rifices. Over 4,500 have given what Many rescue and recovery workers cerns about their safety had been passed on President Lincoln called the fullest volunteered their time and efforts in to the company, and dispatchers had ordered measure of devotion to their country. the hours and days following the at- it to land as soon as possible in Cleveland. As long as this threat exists and Amer- tack. Jay has found a unique and As it turned out, the military was in no po- icans troops are deployed in harm’s touching way of honoring all their ef- sition to shoot down Delta 1989, but Werth didn’t know that. He followed the flight on way, they must have the full support of forts and ensuring that the heroes of radar until it landed safely. this Congress. On this day when we that day are not forgotten. Through Fight 93 didn’t make another radio trans- look back and remember, let us gain the work of citizens like Glenn and Jay mission after 9:39 a.m.Werth watched on strength from the examples of bravery Winuk, this country remains as great

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A11SE7.028 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8033 and as powerful as it is, and we should things we have to do as Members of to continue to keep our homeland se- all recognize and remember them, and Congress, that our first and foremost cure and to seek out and defeat ter- all those who lost their lives, or whose responsibility is to create the security rorist organizations around the world. lives were forever changed on that day. within which American citizens can ex- I thank the gentleman again for Ms. ROS-LEHTINEN. I’m pleased to ercise their freedoms. yielding. yield 2 minutes to a member of the And so my plea and my prayer today Mr. ACKERMAN. Madam Speaker, it Committee on Homeland Security and is that we don’t accept the successes of is now my pleasure to yield 1 minute to the ranking member of its Sub- the last 7 years as inevitable, but we the Speaker of the House. committee on Transportation Security understand that they have been hard The SPEAKER pro tempore. The gen- and Infrastructure Protection, the gen- fought, and that we need to continue tlewoman from California is recognized tleman from California (Mr. DANIEL E. that fight. for 1 minute. Ms. PELOSI. Thank you, Madam LUNGREN). I thank you for the time. Mr. DANIEL E. LUNGREN of Cali- Ms. ROS-LEHTINEN. Madam Speak- Speaker. I thank the gentleman for fornia. I thank the gentlelady for yield- er, we have no further requests for yielding. I thank him for his leadership ing. time. I yield back the balance of our in giving us this opportunity today, on Madam Speaker, 7 years ago, Sep- time. September 11, to express our gratitude tember 11, 2001, a day that will live in Mr. ACKERMAN. I’m pleased to yield to our first responders, our sympathy infamy, we suffered as a Nation the 3 minutes to the distinguished gen- to the families of 9/11, and our concern greatest attack on our shores since a tleman from West Virginia, chairman for the safety of the American people. similar day some six decades previous. of the Committee on Natural Re- I acknowledge his leadership role in That dastardly attack resulted in a sources, representing the Third Con- this from his committee standpoint, unification of this country such as we gressional District of that State, but as a New Yorker who knows first- hand the horror of 9/11. So, thank you, had not seen before. Similarly, the at- Chairman RAHALL. tack some 7 years ago brought a unity Mr. RAHALL. I thank the distin- Mr. ACKERMAN, for your leadership and for your commitment on this issue. I to this Nation that we have been lack- guished gentleman from New York for also thank Congresswoman ROS- ing for some period of time. In the en- yielding me this time. LEHTINEN for her leadership in bringing suing days and years, we have seen re- Madam Speaker, I rise with all Amer- this to the floor as well. markable selfless dedication to serve icans, and indeed with most of the civ- ilized world, in marking the seventh When Abraham Lincoln was a very by men and women in uniform in our young man, not 30 years old, he made a anniversary of the 9/11 attacks, and in Armed Forces, and those who are serv- speech in 1838, and in it he was talking doing so, remember the thousands of ing us, even to this point, as our first about the history of our country and innocent Americans who lost their responders. important events and how sometimes lives that day, and extend the Nation’s So we have to ask, much as Lincoln they are lost in the public memory. He highest prayers to their families, asked at his famous address at Gettys- referred to the ‘‘silent artillery of friends, and loved ones. I thank God for burg, recognizing that we cannot con- time,’’ sometimes referenced as ‘‘harsh the freedom which Americans enjoy, a secrate the grounds that were attacked artillery of time,’’ but nonetheless, the freedom for which American lives were more than they have been consecrated artillery of time to dull the memory of lost. by the sacrifices of our fellow citizens, important events. what can we do to fulfill our obliga- Like so many of my colleagues, I at- Certainly, that is a gift if the artil- tion? tended a dedication ceremony this lery of time dulls the pain of a terrible I would just say this. The best way morning of the 9/11 Memorial at the loss. But there’s no artillery powerful we can maintain our commitment to Pentagon, where I joined Huntington, enough to dull the memory of 9/11, those who sacrificed and those who West Virginia, residents Dr. Ken and what it did to our country, what it at- have suffered, and still suffer, is to rec- Sharon Ambrose, whose son, Dr. Paul tempted to do to our country. ognize the continuation of the threat Ambrose, was one of the 184 lives lost The courage of the families of 9/11, against us, the urgency of the matter in the Pentagon on that American Air- who turned their grief into strength, before us, and the fact that we cannot lines Flight 77 during that fateful day and arguing for better policy in terms in any way lag in our responsibility to of September 11, 2001. of the 9/11 Commission and the enact- respond to that threat. Indeed, Dr. Paul Ambrose was the ment of its recommendations to make There’s a great temptation because first name called this morning when America safer, their grief through we have not been so attacked in the the bells were rung for each of the vic- strength to action, has made America last 7 years to believe it just has hap- tims at the Pentagon. The viewing of safer. We have more to do. pened. But we have been able to fore- his memorial, so beautifully etched in The silent artillery of time will never stall attacks because of tremendous the grounds of the Pentagon, will truly diminish the appreciation or the mem- sacrifice by many men and women bless his memory eternally. ory of the courage of our first respond- serving on behalf of this Nation, who This ceremony and countless others ers, our police, our firemen, our emer- continue to serve. around the Nation today continue to gency services people, the construction The SPEAKER pro tempore. The remind us that freedom does not come workers, who went in right away, risk- time of the gentleman has expired. free. Thousands of Americans—first re- ing their lives, so that they could save Ms. ROS-LEHTINEN. I’m pleased to sponders, military service, and Guard other lives. Some of them lost their yield the gentleman such additional members, law enforcement personnel, lives. time as he may consume. medical personnel, volunteers—con- The silent artillery of time will Mr. DANIEL E. LUNGREN of Cali- tinue this very day to devote them- never, never dull the act of cowardice fornia. It would be the height of trag- selves day in and day out to protecting on the part of these terrorists. They edy, Madam Speaker, if we were to fail the innocent in times of disaster and don’t care about life or buildings. They to back up the commitment by those tragedy, risking their own lives to do do care about instilling fear. That is who have sacrificed thus far by accept- so. their goal, the terrorists, to instill ter- ing their sacrifice as something which Over the last 7 years, thousands of ror. is a matter-of-fact circumstance. No. Americans, both in and out of govern- But they did not succeed in that re- The only way we can honor their lives ment, have worked tirelessly to im- gard, because New York rallied. This and their sacrifice is by ensuring that prove the security of our Nation. Much morning, we were at the Pentagon to we maintain vigilance daily. progress has been made, but more work see the families there, and their spirit, We take an oath to uphold the Con- remains to be done. Our number one as the Pentagon Memorial was dedi- stitution, but we take an oath beyond duties as Members of Congress, of cated, and referencing what happened that. We take an oath to uphold the course, are to protect the people of this in Pennsylvania. The indomitable spir- greatness of our fellow citizens. I would country and to ensure that such a ter- it of the American people is too strong hope that we would dedicate ourselves rible tragedy never happens again. As a force for the terrorists to succeed to understand, with all the other we move forward, we all will work hard with.

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.025 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8034 CONGRESSIONAL RECORD — HOUSE September 11, 2008 So, again, the silent artillery of time New York to take me down to the putting their health at risk and dan- will never, ever have us forget what World Trade Center, to the pier where ger, as we know today, an issue that happened to our country on that day, they had set up all of the emergency still has to be addressed, we remember and the hatred and cowardice that in- work. I went there at that hour to find also those who caused all of that an- spired it. my wife, who was a mental health guish and pain, all of those thousands So, here we are today, 7 years later, worker, one of those people who were of tragedies, who changed history in saying once again to the families how asked to come down and volunteer. that one incident, and rededicate our- sorry we are, thanking them for their As I waited for her to do the things selves to not being only strong, but courage, hoping for the best for them that she and so many other people were smart, as we confront those threats for their children and the future. Here doing, I walked around. There was a and honor the memory of all those who we are today, 7 years later, saying to long, huge wall with pictures on 81⁄2 by were lost and all those who tried to the first responders, Thank you very 11, on napkins, on flyers that were help on that day. much. drawn up, people who had pictures of Mr. SOUDER. Madam Speaker, it has been But, as some others have said here, their loved ones, their husbands, their 7 years since the terrorist attacks that took the words are not enough. There are ways wives, their children, if anybody saw lives of over 3,000 men, women, and children. that we can put into action our appre- them. I join with my colleagues to offer sincere con- ciation, and that is to recognize the There were firemen walking around dolences to the families of the victims. We health needs of those who responded on trying to console women who did not must never forget these tragic events; they that day and whose health problems know yet if they were widows. have left a wound that will never heal. linger to this day, and some that we There were little dolls alongside the I also rise to remember and honor the first won’t even know about into the future. wall on the floor stretching for two responders who acted with bravery and her- We will never forget, no matter what, blocks along this pier. They all had oism on that day and during the recovery pe- what they did to minimize the toll, the notes on them. They were from chil- riod. During one of the worst tragedies our Na- death toll that might have been. We al- dren who suffered the loss of parents in tion has faced, we witnessed the most remark- ways remember because we have con- the Murrah Building disaster. And able acts of self-sacrifice, courage, and com- stant reminders of it, as well the cour- these notes all said things like, ‘‘When passion. It is a testament to the American spir- age of these people on a day-to-day I was in trouble and frightened, some- it. basis still across America keeping us one gave me this doll to make me feel Since 9/11, we have taken steps to help an- safe. better. I send it to you and hope that ticipate and deter future attacks and prepare On this day, it drives home what we you feel better.’’ for a quick and effective response following an always know, that our first responsi- A fire chief came over to me and emergency. One benchmark of the progress bility as elected officials is to protect asked me if I would go over and just made is the absence of further acts of ter- the American people, make them safe stand by this gentleman who was all rorism on U.S. soil during the past 7 years. in their homes, neighborhoods, towns, alone at the wall. It was probably mid- This has not been an accident. and communities, and ensure their na- night. And this fellow in unique garb, The men and women serving in our Nation’s tional security. That is something that he was a Hassidic Jew, dressed in the Armed Forces are pursuing terrorists overseas we must do, working together, so that traditional big brim black hat, looking and warrant our utmost respect and apprecia- we can meet any threat to our secu- very much like the Amish do with the tion for their faithful service. Additionally, the rity, wherever it may occur. long black coat, he stood in front of 216,000 employees of the Department of In that spirit, I want to acknowledge one flyer without blinking. The only Homeland Security deserve our gratitude for also the courage, patriotism, and sac- thing he did was move back and forth, their efforts 24 hours a day, 7 days a week, rifice of our men and women in uni- back and forth, staring at this picture. to gather and analyze intelligence, coordinate form and their sacrifices that they are I just stood next to him. And after a with State and local law enforcement, harden making, and that their families are minute he spoke to me, without even our borders, secure our transportation sys- making, to keep America safe. looking at me, just staring at the pic- tems, and enforce the laws. So with all the respect in the world ture on this flyer that looked like a We all recognize that our foes are extremely for President Lincoln when he was a younger version of himself, and he said, determined and patient; even now they are young man, talking about the silent ‘‘That was my brother.’’ He, I was told, looking to exploit our open and free society to artillery of time, his message reminds was there every night doing this. ‘‘He carry out additional attacks. Our resolve must us that, again, time may lessen pain, was my brother. He called me to say be even stronger to detect, deter, and re- but it will never diminish our memory good-bye.’’ spond. There is much more work to do to bol- of what happened on 9/11, the courage ‘‘I told him,’’ he said, ‘‘that he had to ster our security and counter changing threats. that followed, and the responsibility get out of that building. He had to get Today is a day to renew our commitment to we have to keep the American people out right away.’’ And he said to me, improve our intelligence capabilities, secure safe. ‘‘I’m sitting holding hands with the our borders, support our first responders in God bless those families. They have young man who works in the cubicle communities large and small, and intensify our done so much for our country, fresh off next to mine, a young Puerto Rican vigilance. their tragedy. God bless those families. kid who lives in a wheelchair, and While the attacks occurred in New York, With their courage, God truly blessed there is no way for him to get out of Washington, DC, and Pennsylvania, the Na- America. this building. I told him he would not tion felt the reverberations and stood together die alone, and I am just calling to say in unprecedented unity. I urge my colleagues b 1445 good-bye.’’ to put aside partisan differences and make the Mr. ACKERMAN. Madam Speaker, I There is nothing anyone could say, security of our Nation and the well-being of yield myself the balance of my time. nothing I could say. I just stood there. our military personnel fighting the war on ter- The SPEAKER pro tempore. The gen- There are thousands of stories, there rorism top priorities. tleman is recognized for 71⁄4 minutes. are thousands of lives, there are tens of Mr. HOLT. Madam Speaker, this is the day Mr. ACKERMAN. Madam Speaker, a thousands of people who were imme- we pause and remember those who lost their very thoughtful general once observed diately impacted by relatives who died lives on that terrible day 7 years ago. We also that the loss of 1,000 lives is a statistic, that day, who are heroes as well, some remember the heroism of the first responders, but the loss of one life was a tragedy. of whom knowingly, some of whom un- and of those who fought back against terror- There were thousands of tragedies that knowingly went to their deaths, in ad- ists—people like the late Todd Beamer, a resi- occurred 7 years ago today. I want to dition to all of those who rushed into dent of central New Jersey. But even as we talk about one of them. the building to save those that they look back in sorrow and remembrance, we It was a very long week here in could. must also look to the future and remember our Washington, that week of 9/11. It took As we remember the first responders, obligation to prevent other American families three or four times the usual time for as we remember the people who dug in from enduring a similar horror in the future. me to get back to New York. It was that pile for so many days and weeks We have made progress in making our late at night. I was able to get a cab in and months, risking their own lives, country more secure since September 11,

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\K11SE7.027 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8035 2001. A critical piece of legislation was en- war, have traveled down a path of restoring It is no longer the nation state declaring war acted in August 2007 to better protect Ameri- civil society through a formal process of rec- on the United States that we must fear. In- cans from terrorism and improve our security. onciliation. At some point within each of those stead it is the lone fundamental terrorist with The legislation (H.R. 1) completed the enact- countries it was understood that the way for- the tools, weapons and willpower to sacrifice ment of the recommendations of the bipar- ward is shown through the light of truth. This his life so that Americans will be killed. All it tisan, independent 9/11 Commission into law. process is not without pain because it requires takes is one dirty nuclear suitcase bomb to This law requires 100 percent screening of a willingness to study evidence to which eyes destroy an American city like Orlando or cargo on passenger aircraft within 3 years and had been averted and ears had been closed. Tampa. 100 percent scanning of seaborne cargo be- But in the process of truth and reconciliation, That is why it is so important to remember fore it gets to U.S. ports within 5 years, en- nations found new strength, new resolve, new what happened on that fateful September sures that first responders can communicate commitment. morning 7 years ago. The deaths of 3,000 with each other in an emergency, and im- The South African Truth and Reconciliation Americans should never be forgotten. As the proves rail and mass transit security. It is dis- enabled that nation to come to grips with its years pass, however, some have gotten com- graceful that the administration has failed to past through a public confessional, bringing placent about our Nation’s security and the implement the law, and I will certainly do my forward those who committed crimes and hav- threat of Islamic terrorists. part to keep the pressure up until they fully ing the power to grant amnesty for full disclo- Sadly, we must remain ever vigilant, be- comply. sure of crimes against the people. Of course, cause there are new threats to the United On the issue of meeting post–9/11 threats, our path may necessarily be different: High States and her allies unearthed every day. I’m pleased that this Congress has taken U.S. government officials stand accused in im- There is no doubt about it, Al-Qaeda and steps to secure our rail and transit systems. peachment petitions of violating national and other like-minded terrorist organizations are As we saw with the attacks on rail and mass international law. Our continued existence as still plotting to kill Americans and destroy our transit systems in Europe and India over the a democracy may depend upon how thor- freedoms and liberties. last few years, transit systems are prime tar- oughly we seek the truth. I will call upon the September 11, 2001, is a solemn day in our gets. I was pleased to lead the effort last year American people to join me in supporting this collective memories. While it is a time for re- membrance and prayer, it should also remind that secured $400 million in funding for rail effort. and transit security grant programs—$225 mil- The truth can move us forward, as a unified Americans of the challenges we face to pro- lion more than President Bush requested in whole, so that we can one day become a re- tect our democratic rights and freedoms. With thousands of American soldiers sta- his budget. We still have a long way to go be- United States. 9/11 is the day the world tioned around the world, this anniversary is a fore our rail and transit systems are as safe as changed. It is the day America embraced a perfect time to say a prayer for their safety they should be, but we are finally moving in metaphor of war. If we are open to truth and and to thank them for defending the memories the right direction. reconciliation, we may one day be able, once of those who lost their lives in the terrorist at- Madam Speaker, I support this bill and I again, to embrace peace. urge my colleagues to join me in voting for it. tacks of September 11, 2001. Ms. GINNY BROWN-WAITE of Florida. I hope that you take this opportunity to re- Mr. KUCINICH. Madam Speaker, we suffer Madam Speaker, 7 years ago this week I sat in our remembrance of 9/11, because of the member the victims of 9/11 and never forget in my Tallahassee office feeling scared, angry terrible loss of innocent lives on that grim day. the sacrifices of those who fight for our free- and sad. Those were some of the first emo- We also suffer because 9/11 was seized as doms. tions that went through my mind after the ter- an opportunity to run a political agenda, which Mr. MORAN of Kansas. Madam Speaker, rorist attacks of September 11, 2001. today we mark an event so important to our has set America on a course of the destruc- Like most Americans that day I was struck tion of another nation and the destruction of Nation that it can be identified, simply, by two by the utter hatred toward America that con- our own Constitution. And we have become numbers. The phrase ‘‘9/11’’ bears all of the sumed the men flying the planes that crashed less secure as a result of the warped practice emotions of that fateful day in 2001. Feelings into our revered national landmarks. What kind of pursuing peace through the exercise of pre- of shock, helplessness and sorrow are still of person is filled with so much hate that they emptive military strength. present 7 years later as our Nation engages It is not simply 9/11 that needs to be re- would kill themselves and thousands of inno- its enemies abroad. As Americans, we stand membered. We also need to remember the cent people at the same time? to honor those who lost their lives that day, as politicization of 9/11 and the polarizing nar- Even today I still struggle to comprehend well as the brave men and women of the rative which followed, locking us into endless what drives these people to commit mass armed services who sacrifice so much to pro- conflict, a war on terror which has wrought fur- murder and try to destroy the political and reli- tect us from further attack. ther terror worldwide and which has severely gious freedoms that millions enjoy around the On September 11, 2001, we learned that damaged our standing worldwide as an honor- world. heroes still exist. Just as those who serve our able, compassionate nation. As we were all Since 9/11 the attacks on America and her country are willing to forego life for the benefit victims of 9/11, so we have become victims of allies by extremist Islamic jihadists have con- of others, the firefighters, police and emer- the interpretation of 9/11. tinued. While you and I don’t believe that gency personnel and those passengers who Our Government’s external response to 9/11 mass murder achieves anything, there are fought back provided the reassurance that was to attack a nation which did not attack us. thousands of young Islamic terrorists who be- Americans still will give their lives for others Indeed on the first anniversary of 9/11, the lieve in jihad and the reestablishment of the and preserve the future of our Nation. The he- Bush administration issued a well-publicized Muslim caliphate. roes of 9/11 reaffirm that those who served in stern warning to Iraq which was part of a cam- Thankfully, due to the vigilance of our troops past battles did not serve in vain. Their exam- paign to induce people to believe Iraq had abroad and the changes to our Nation’s secu- ples allowed us a new generation of role mod- something to do with 9/11. rity back home, America has been spared fur- els. The deliberate, systematic connection of ther devastation. As we honor those who lost their lives at the Iraq with 9/11 has led America into a philo- Other nations have not been so lucky. Brit- World Trade Center and the Pentagon, we sophical and moral cul-de-sac as over 1 mil- ish subway commuters were attacked by must take this opportunity to recognize them lion Iraqis and over 4,155 U.S. soldiers have bomb-wielding terrorists. Spanish trains were as genuine heroes. The significance of their died in a war which will cost over $3 trillion. bombed by radical Islamic terrorists, killing sacrifice is an incredible reminder of the great Additionally, soldiers from 23 other countries dozens. A nightclub in Bali was attacked, kill- responsibility we have as Americans. There is have died in the Iraq war. ing several hundred. Muslim extremists at- not a U.S. citizen who is not affected by the Last year, I voted against a similar resolu- tacked a school in Russia, murdering more events of that day. To honor their memory is tion to the one before us today because it ig- than 300, many of them little children. The list to honor the sacrifice made by everyone who nored the reality of the administration’s use of goes on and on, in virtually every region of the has laid down their life in defense of freedom. 9/11 as a false justification for war. This year, world. 9/11 marked a coming of age for the world. I will vote for the resolution because I have re- The fact is that the United States is en- International terrorism had shown up at our newed hope that the day will come when Sep- gaged in a battle with an enemy that is difficult front door and surprised a sleeping world. tember 11 will no longer symbolize the false to track and hard to defeat. Unlike World War Though the events of that day will be remem- justification for an unjustified and unprovoked II or Korea, where we knew what country we bered for the physical devastation that en- war. were fighting and could identify the enemy by sued, hope and renewed sense of patriotism Over two dozen nations, facing peril within the color of their uniforms, today’s battles are will be September 11th’s legacy. Our inno- and without, deeply divided by politics and a fundamentally different challenge. cence shattered, we made renewed efforts to

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\A11SE7.012 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8036 CONGRESSIONAL RECORD — HOUSE September 11, 2008 keep our homeland safe and our world more rail and public transit systems, more robust I can only imagine what the passengers on secure. screening of aircraft and seaborne cargo, and flights United Airlines 93, American Airlines Shortly after the attacks of September 11, I strengthened law enforcement capabilities. 77, American Airlines 11, and United Airlines joined a half a dozen members of Congress in Those who perpetrated the attacks of Sep- 175 were thinking of when they found out that visiting New York City and the remains of the tember 11, 2001 must be brought to justice. I they had only moments to live. I must com- World Trade Center. I wanted to express on am determined to see the next administration mend the brave souls that did everything to behalf of all Kansans our support and concern rectify the grave mismanagement that has al- help prevent more lives from being lost. The for the victims and their families and to ex- lowed many of these terrorists to go actions taken by the passengers of flight 93, press our condolences. unpunished. firefighters, policemen, and first responders Just a few feet away from Ground Zero, We must also acknowledge that today’s can never be forgotten and their service is New Yorkers created a makeshift memorial to threats—terrorism, global economic upheaval, worthy of great recognition. those who died in the rubble of the Twin Tow- worldwide epidemics, and environmental dev- I stand here today simply to offer my deep- ers. There, thousands of ordinary people astation—are nuanced and interconnected and est condolences to the families of the fallen brought cards and flowers as a tribute to those cannot be addressed by military force alone. victims and the servicemen and women who who died. While there, I happened to pick up Protecting our security demands that we co- sacrificed their own lives to save others. On a white piece of notebook paper, blue lines, operate with our neighbors and promote wise behalf the 18th Congressional District of jagged edge, torn from a spiral notebook. On governance. We must address global poverty, Texas, I express my sorrow for the tragic that piece of paper was the writing of a child: promote wise stewardship of natural re- losses in New York, Washington, DC, and ‘‘Dear Daddy, How much I miss you. How I sources, and provide aid to developing and Shanksville, Pennsylvania. However, we must hope heaven is a wonderful place and I hope devastated peoples. also not forget the good that has come about I can live a life good enough to join you there It is the first-order duty of Congress to keep in the midst of a country that harbored many someday. Signed, Amanda, Age 12’’. Americans safe. As we commemorate the sev- differences. Amanda, who I will not meet nor ever know, enth anniversary of 9/11, I join Americans After the tragic events of 9/11, there was a must never be forgotten. Her note to her Dad across our Nation in grieving for loved ones realization that in those moments of humanity, is a reminder that each generation is called on lost, and in honoring the heroes among us. I Americans were able to unite and share the to preserve our way of life and that the cause resolve to do all in my power to prevent a same sense of sorrow and empathy. The peo- is noble. That I, as a member of Congress tragedy like this from happening again. ple of the United States came together and Ms. JACKSON-LEE of Texas. Madam and we, as American citizens, have a respon- strengthened its resolve to defend and protect Speaker, I rise in support of H. Res. 1420, a sibility—there must be no more Amandas. the basic fundamentals of the country. This is resolution recognizing September 11 as a day Thank you for the opportunity to express my what makes our country so great. As the late of remembrance, extending sympathies to gratitude for the heroes we are honoring Dr. Martin Luther King has said, ‘‘Injustice those who lost their lives on September 11, today. Most importantly, I want to express my anywhere is a threat to justice everywhere.’’ I 2001, and their families, honoring the heroic gratitude to the people who have made our must also bring to light the overwhelming sup- actions of our Nation’s first responders and freedoms a reality. Thank you, and may God port of our global community in this time of armed forces, and reaffirming the commitment bless you. tragedy. to the defense of the people of the United Mrs. MILLER of . Madam Speaker, As we reflect back upon this unfortunate States against any and all future challenges. it is difficult to believe that it has been 7 years event, we need to also consider the measures I support this resolution because although we have taken to make America safer. As a since that horrific day of September 11, 2001. seven years have passed since that fateful member of the Homeland Security Committee It is important that today every American take day, the pain, agony, and sense of loss still and the Committee on Foreign Affairs, it is my time to pause and reflect upon those who we endures in the hearts and minds of the Amer- duty to bring to the attention of the American lost on that day and those whose heroism and ican people. As we reflect on the tragic events people many homeland security initiatives that bravery vividly showed the indomitable Amer- of 9/11, we can never forget the courage and we have undertaken that have not been suc- ican spirit. heroism of the men and women who selflessly cessful. For the last 7 years our Nation has been at reacted to help those that were incapacitated Osama bin Laden has eluded our forces for war against an enemy that hides in the shad- and remember the nearly 3,000 innocent lives nearly eight years and the nation’s infrastruc- ows and preys upon the innocent. An enemy that were sacrificed without warning. tures and borders are still vulnerable to at- that does not value life or freedom. But that This tragedy has left an indelible scar on the tacks. Immigration has been an important con- enemy has found that the will of the American Nation’s history and has awakened a new- cern that has resulted from these attacks and people is impossible to defeat. That the vigi- found sense of patriotism and nationalism. the terrorist watch list that the Transportation lance and dedication of those in law enforce- This day of remembrance is important and Security Administration has implemented is ment who protect our communities is necessary because it reminds us that we must apparently inefficient. unending. That the bravery and commitment continue to support those that fight abroad to Madam Speaker, there are many issues that to the cause of freedom of the American keep our homeland safe. still need to be addressed in order to secure Armed Forces is unmatched in the world. America must now look forward and do all our nation. It is my sincere hope that we as So on this solemn day it is appropriate to that it can to ensure the integrity of freedom Democrats, Republicans, and Independents mourn those who were lost. To say a prayer upon which this country has been founded. alike will come together to expeditiously re- for their memory and for their families. And to We must learn from the aftermath of this ca- solve these issues and help place the path of give thanks to those who so bravely continue tastrophe to respond and react to such disas- this great nation onto a noble path. I have to protect our freedom. May God continue to trous events without inhibiting the civil liberties great faith and confidence that we will be able bless this great Nation. and freedom of the very people we serve. to achieve this soon one day and our dif- Mr. BLUMENAUER. Madam Speaker, on Madam Speaker, on September 11, 2001, ferences will be accommodated. the seventh anniversary of the 9/11 terrorist the Nation watched in horror as the unthink- As we move forward, 9/11 is a day that will attacks, I join every American in honoring the able occurred. On that faithful day, a ruthless remain in remembrance. We have understood innocent men, women, and children who lost attack had been orchestrated, transforming the the meaning of sacrifice through the country’s their lives to those attacks. I pay tribute to WorId Trade Center Towers and the Pentagon history of rebuilding and positive reform. The their memory, and extend my deepest sym- into human infernos that claimed thousands of United States is the forefront of innovation and pathies to the loved ones they left behind. innocent lives. The tragic events of 9/11 were has the ability to reflect and learn from past I also honor the brave first responders—the examples of despicable acts of faceless cow- mistakes. I pray for the lives lost on 9/11 and firefighters, policemen, and ordinary citizens— ards who have no regard for human life. also for the protection of innocent lives from who so courageously risked and, in many Across the United States and around the senseless conflicts and war. cases, gave their lives for others. world, people of all ages and walks of life col- I urge all members to join me in supporting Over the past seven years, Americans have lectively united during a time of tremendous H. Res. 1420. This tragic moment can never worked tirelessly to prevent further attacks and sorrow and despair. It was an unforgettable be forgotten and we need to do all we can in protect the American people. The 110th Con- day that transformed the lives of many and our power to prevent such a travesty from oc- gress joined them by focusing on keeping our united Americans in a way this Nation had not curring again. We must remember September country safe and has wisely implemented the seen since WorId War II. 11, 2001 to propel this nation and its policies recommendations of the 9/11 Commission. As I stand here today, my heart remains to prevent and prepare itself from future disas- We now have vastly improved security on our torn from the gruesome events of that day as ters.

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\A11SE7.015 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8037 Mr. ORTIZ. Madam Speaker, today we mark seven years. God bless them all and may God ican soil. We remember those who suffered in- the seventh anniversary of the 9/11 terrorist continue to bless America. jury and mourn with the families who lost attacks, and remember the thousands of inno- Mr. KING of New York. Madam Speaker, I loved ones. cent men, women and children who lost their rise today to honor the victims and heroes on But we also remember the indomitable spirit lives on that day, and we extend our sym- the seventh anniversary of the terrorist attacks of America that lit that dark day and the days pathies to their families, friends, and loved of September 11, 2001. As someone who lost that followed. The courage of the first re- ones. more than 150 friends, neighbors, and con- sponders and ordinary citizens who risked, We also honor the heroic service, actions, stituents on September 11, my heart goes out and in some cases sacrificed, their lives to and sacrifices of those first responders, law to the families who lost loved ones. Sep- save others. The men and women of our enforcement personnel, volunteers, and others tember 11th will forever remain a day of great armed forces who have worked honorably to who aided the innocent victims, in many cases tragedy for the United States, but it is also one defend our Nation from future harm. The mil- sacrificed their own lives. of great triumph, as Americans came together lions of Americans who volunteered and sup- My personal experiences that day are vivid: and demonstrated extraordinary heroism, ported efforts to rebuild New York and Wash- going to a press conference in the Capitol at courage, and unity. ington and care for those who were injured 9:30, moving fast to get out of the building We commend the first responders who there. when we saw the reports of smoke at the served on that tragic day and during the many These individual acts of bravery and sac- Pentagon. I went to the Pentagon two days difficult days thereafter. And, we honor those rifice remind us that even in times of fear and later to thank the emergency workers and was who gave their lives in responding so hero- pain, the flame of liberty does not falter. In the touched by their resolve and strength to res- ically. face of grave threats, the world can stand to- cue their fellow citizens. September 11 served as a wake up call for gether. And with the power of our ideals and Over the last seven years, our Nation our Nation. In the seven years that have fol- the strength of our resolve, we can build a worked tirelessly to improve our Nation’s secu- lowed, Congress and the Administration have more peaceful world. rity and to protect our people. We thank our worked with, and on behalf of, law enforce- Mr. HENSARLING. Madam Speaker, today I men and women who serve in the military and ment, first responders, and the Intelligence rise to recognize the individuals who sacrificed put their lives on the line every day to ensure Community to better secure the United States. their lives on September 11, 2001 to protect that we never have to relive those tragic Passage of the Homeland Security Act of the safety of our citizens and preserve our events ever again. 2002, the PATRIOT Act, the SAFE Port Act, great Nation’s freedom. Mr. TIAHRT. Madam Speaker, today is the the Secure Fence Act, the Intelligence Reform The world was forever changed 7 years ago 7th anniversary of one of the most horrific and Terrorism Prevention Act, and the Imple- on the morning of September 11. Nearly 3,000 days in our Nation’s history. On September menting Recommendations of the 9/11 Com- innocent people were murdered at the World 11, 2001 terrorists attacked the United States mission Act of 2007 provided the Department Trade Center, the Pentagon, and on a quiet and slaughtered our fellow citizens in New of Homeland Security and the Intelligence field in Pennsylvania. York, Pennsylvania and Virginia. Fox News is Community with the tools they need to secure While we think back to the massive destruc- calling this the ‘‘day that changed America’’ our Nation. tion of that day and mourn the lives lost, we but I disagree. America didn’t change, instead It is no accident that we have not been at- will also never forget the shared spirit of to- the evil attacks brought out the best in Amer- tacked since September 11. This is due to a getherness that followed our sorrow. The ica. number of reasons, including the dedicated ef- countless acts of heroism and bravery on 9/11 As terrible events have a tendency to do, forts of the employees of the Department of gave birth to a dawn of unity and camaraderie. the terrorist attacks brought this Nation to- Homeland Security, many of whom serve in We must thank our first responders who go gether. We have mourned together, been the New York metropolitan area. to work each day willing to make the ultimate angry together, prayed together, indeed come Make no mistake; we are more secure than sacrifice to save a complete stranger. We together as Americans not as Southerners or we were on September 11, but more needs to must thank the men and women of our armed Northerners, Midwesterners or East Coasters. be done. We will never forget the lessons of forces who defend our freedom and Nation. It’s an outlook that extends beyond national September 11th, and we will continue to work Because of their sacrifices, our Nation stands pride; we acknowledge that we as Americans to secure the United States against radical Is- tall on the great progress that has been are all in this together. None of us who were lamic terrorists who want to do us harm. achieved by these brave men and women. here on that terrible day will forget the sponta- Mr. SIRES. Madam Speaker, I rise today in Since September 11, 2001, we have re- neous gathering of Congress on the steps of support of H. Res. 1420 recognizing Sep- shaped our homeland’s defense and signifi- this great building that survived thanks to the tember 11 as a day of remembrance, remem- cantly improved our readiness to deal with ter- brave men and women of Flight 93. Politics bering those who lost their lives on September rorist attacks. The war on terror is a struggle was truly brushed aside as we joined hand in 11, 2001, and honoring the heroic actions of for freedom unlike any other that our Nation hand, mourning the dead, celebrating the spirit our Nation’s first responders and the Armed has faced. We must always be as united be- of this great Nation, and vowing to do all we Forces. hind our cause as they are behind theirs. can to protect this Nation and her citizens. On that tragic day, I was the Mayor of Jest When America unites to defend the same The events of September 11, 2001 did have New York, New Jersey and a member of the ideals and virtues that our fathers, grand- had a drastic effect on our Nation and the State Assembly. My district sits directly across fathers and generations prior have defended, world at large. The focus of the country from lower Manhattan and ever since the we know that she will remain a beacon of lib- changed. Today, our Nation’s ideas and her smoke cleared on 9/11, there has been a visi- erty around the world. people still face a continuing threat from ter- ble reminder to me and my constituents of the Madam Speaker, on behalf of the Fifth Dis- rorists. Nearly every single day, the intel- loss we suffered on that day. Everyday I am trict of Texas, I would like to express my eter- ligence community records another threat or at home in West New York, I see the absence nal gratitude to the men and women that de- two against America or our interests. Hardly a in the skyline. It is a constant reminder to me fended our Nation 7 years ago and to the indi- week goes by that some terrorists somewhere of the great loss our nation suffered on Sep- viduals who continue to protect us at home don’t reiterate their interest in attacking this tember 11. Hundreds of husbands, wives, par- and abroad. great Nation. But our military, first responders ents, friends and neighbors did not return Mr. MURTHA. Madam Speaker, I rise today and intelligence officers as well as alert citi- home that night. Many others did return home to pay tribute to the heroes who died seven zens have remained vigilant and prevented but still have to bear the burden of their losses years ago today in the World Trade Center, further attacks. everyday. the Pentagon, and in the Congressional dis- Today as we remember those who lost their Madam Speaker, today I want to honor the trict that I represented, Shanksville, Pennsyl- lives on September 11, 2001 and their loved memories of those we lost seven years ago vania. ones, we also take time to honor and thank today and those who lost loved ones. I’d also On September 11, 2001, I was in the U.S. the thousands of first responders, the myriad like to honor our troops that, since September Capitol, where the subcommittee I now chair aviation personnel from air traffic controllers to 11, 2001, have been fighting so bravely was marking up the annual Defense Appro- pilots and flight attendants who safely ground- abroad to protect this great cquntry. We ap- priations Bill. After the order was given to ed planes across the country, and of course preciate their sacrifice. evacuate, I headed back to Pennsylvania. The the men and women in our military and intel- Mr. VAN HOLLEN. Madam Speaker, today next day, September 12, 2001, I visited the ligence communities who have been engaged we commemorate the seventh anniversary of crash site of United Flight 93 in Shanksville, in a global war on the terrorists for the past the most terrible terrorist attack ever on Amer- only 30 miles south of my home. We all owe

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\A11SE7.020 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8038 CONGRESSIONAL RECORD — HOUSE September 11, 2008 a deep debt of gratitude to those heroic pas- 2001, a beautiful, sunny and clear early au- stands. He once said in describing America, sengers who foiled the terrorists’ plan and tumn day in the Nation’s capital when terror- ‘‘We will always remember. We will always be saved the lives of countless Americans work- ists launched their attacks on America. It is proud. We will always be prepared, so we can ing and visiting in the U.S. Capitol. etched forever in our memories. always be free.’’ In our darkest hour, Americans everywhere We will never forget—those who died; those Indeed, we will always remember. And we joined together in acts of bravery, compassion who survived and live with the scars; the fire- will always be grateful that we live in the and hope. Our first responders worked round- men who ran up the stairs of the World Trade United States of America where, it has been the-clock to help those in need, and millions of Center to save lives and gave theirs; the he- said, unlike almost any other nation on earth, us gave our time and resources to relief orga- roes on the plane in Pennsylvania; the families our identity is rooted not in blood, religion or nizations like the American Red Cross. In the left behind whose lives will always have a birthplace, but in the idea of freedom. months following September 11th we found void; the neighbors, the friends, the countless Freedom has never been with a price. We comfort and pride in each other. We were all strangers who performed selfless acts of kind- owe our lives to each and everyone who has Americans, and we were determined to move ness we will never even know about. paid that ultimate price so that we can con- our great Nation forward. On this solemn anniversary I always think tinue to live in freedom. And so today, we re- Madam Speaker, our number one duty is to back to the sermon the pastor of my church member 9/11 and those souls who perished, ensure the safety and security of the American gave the Sunday after September 11 when he and we also honor those who responded to people. Our brave men and women in uniform said: ‘‘Life is fragile. Evil is real. God is sure.’’ the horrific events of that day, and resolve to are fighting around the globe so that our chil- Life is fragile. It can end in an instant. The continue the fight against terrorism and those dren can grow up in a world absent of war families of those who died in the attacks on who would seek to destroy freedom. and terrorism. We pay tribute to their bravery the World Trade Center, the Pentagon and in Mr. ACKERMAN. Madam Speaker, I and to their sacrifice on this anniversary of a field in Pennsylvania never thought that have no further requests for time, and September 11th, 2001. would be their last day to see their loved I yield back the balance of my time. Mr. ETHERIDGE. Madam Speaker, I rise in ones. The SPEAKER pro tempore. The support of House Resolution 1420, expressing A woman in New York said, ‘‘We parted question is on the motion offered by the sense of the House of Representatives re- with a kiss on the Union Square Subway plat- the gentleman from Maryland (Mr. garding the terrorist attacks launched against form at around half past eight that morning. HOYER) that the House suspend the the United States on September 11, 2001. Jason was heading to his new job at Cantor rules and agree to the resolution, H. Many of us were here in Washington on that Fitzgerald in the World Trade Center; I was Res. 1420. fateful day and knew that our lives had heading to my office in SoHo. He must have The question was taken. changed forever. made it to his desk moments before the plane House Resolution 1420 recognizes Sep- The SPEAKER pro tempore. In the struck the building.’’ opinion of the Chair, two-thirds being tember 11 as a day of solemn commemora- Evil is real. We saw on September 11 that tion. This resolution extends our deepest con- in the affirmative, the ayes have it. evil men did evil deeds to innocent people. dolences again to the friends, families, and Mr. ACKERMAN. Madam Speaker, on Thirty people from Virginia’s 10th congres- loved ones of the victims of the September 11, that I demand the yeas and nays. sional district died on 9/11. I went to the Pen- 2001 terrorist attacks. H. Res. 420 also honors The yeas and nays were ordered. tagon that day and saw with my own eyes the the heroic service, actions and sacrifices of The SPEAKER pro tempore. Pursu- destruction. I returned to the Pentagon this the first responders, officials and volunteers ant to clause 8 of rule XX and the morning to join the dedication of the beautiful who came to the aid of the victims of these at- Chair’s prior announcement, further and moving memorial to hose who died there tacks. On this day, we remember the selfless proceedings on this motion will be seven years ago. valor that so many Americans displayed. This postponed. I went to Ground Zero in New York City two resolution also expresses our gratitude to the months after 9/11 and saw the devastation. I f foreign leaders and citizens of all nations who saw the notes written on the wooden railing of have joined with the United States in fighting ADJOURNMENT TO MONDAY, the viewing platform from family members. terrorism. H. Res. 1420 recognizes the service SEPTEMBER 15, 2008 One said, ‘‘I love you Daddy’’ in a childish and sacrifices of the United States Armed Mr. LEWIS of Georgia. Madam scrawl. Another said, ‘‘We miss you Dad. Forces and their families who remain in the Speaker, I ask unanimous consent that When you look down we hope we will always front lines of this fight. when the House adjourns today, it ad- make you proud.’’ Although we pause on September 11th to journ to meet at 12:30 p.m. on Monday Evil is real, but God is sure. Psalm 46 says: reflect and say thanks, on this day we should next for morning hour debate. ‘‘God is our refuge and strength, an ever- also remember that the forces that divide us The SPEAKER pro tempore. Is there present help in trouble. Therefore we will not from one another can never overcome the objection to the request of the gen- fear, though the earth give way, and the transcendent unity we have as Americans. As tleman from Georgia? mountains fall into the heart of the sea, though H. Res. 1420 states, this unspeakable act of There was no objection. terrorism ‘‘was designed to intimidate the Na- its waters roar and foam and the mountains tion and its allies, and to weaken the national quake with their surging. Nations are in up- f roar, kingdoms fall; he lifts his voice, the earth resolve.’’ However, seven years ago in the PERMISSION TO CONSIDER AS melts. The Lord Almighty is with us; the God face of this tragedy, Members of Congress ADOPTED MOTIONS TO SUSPEND of Jacob is our fortress.’’ stood united, shoulder to shoulder on the THE RULES steps on this Capitol and pledged to work to- Our lives changed on September 11, and in gether to remember this day and honor the many ways are still changing and will continue Mr. LEWIS of Georgia. Madam sacrifice of the fallen. Today we remember to change. Clearly, we are much more aware Speaker, I ask unanimous consent that that pledge. of the threat we now face. the ordering of the yeas and nays be In appreciation of that spirit, in memory of We had heroes on 9/11—those who lost vacated with respect to the motions to the valor of the heroes and the fallen of that their lives and those who tried to save them— suspend the rules and pass H.R. 6608 day, I urge colleagues to join me in voting for and we continue to have heroes today. They and H.R. 6832, respectively, to the end House Resolution 1420. are the brave men and women who are fight- that the motions be considered as Mr. WOLF. Madam Speaker, I rise today to ing in Afghanistan and Iraq showing the terror- adopted in the form considered by the join my House colleagues in support of this ists that we will take the fight to them. They House on Tuesday, September 9, 2008. resolution recognizing September 11 as a day are the thousands of civilian employees at nu- The SPEAKER pro tempore. Is there of remembrance; extending sympathies to merous Federal agencies supporting those ef- objection to the request of the gen- those who lost their lives on September 11, forts. tleman from Georgia? 2001, and their families; honoring the heroic Some of those heroes, like those on 9/11, There was no objection. actions of our Nation’s first responders and have given their lives to protect our way of life. The SPEAKER pro tempore. Without armed forces, and reaffirming the commitment To them and to their families, we will be for- objection, respective motions to recon- to defending the people of the United States ever grateful. sider are laid on the table. against any and all future challenges. I am reminded of a quote from President There was no objection. We all will always remember where we were , who was such an optimist. Mr. LEWIS of Georgia. Madam on that fateful morning of September 11, He believed in America and for what she Speaker, I ask unanimous consent that

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A11SE7.008 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8039 the motion to suspend the rules relat- Today, just 7 weeks after the House an impact on millions of Americans, ing to H.R. 6475 be considered as adopt- first considered this bill transferring $8 and that is the issue of restoring the ed in the form considered by the House billion from the general fund to the highway trust fund. on Tuesday, September 9, 2008. highway trust fund, here we are, back I stand today as a proud cosponsor of The SPEAKER pro tempore. Is there again. I was one of 37 Members to vote H.R. 6532, and I wish to thank my dis- objection to the request of the gen- against the bill when it was previously tinguished colleagues, Chairman RAN- tleman from Georgia? considered in the House. The bill sim- GEL, Chairman OBERSTAR, and Ranking There was no objection. ply kicks the can down the just a Member MICA for bringing it to the The SPEAKER pro tempore. Without little bit more until the highway trust floor for our consideration. objection, the motion to reconsider is fund is again broke. H.R. 6532 put $8 billion into the high- laid on the table. Delay and bailout. Delay and bailout. way account for the highway trust There was no objection. This Congress is elected to run the fund. It is critical to address the pro- f country, yet we delay action, wring our jected shortfall in the highway trust hands, lament that there are few good fund that would endanger nearly 380,000 HIGHWAY TRUST FUND jobs. The solvency of the trust fund is RESTORATION ACT options available to address the Na- tion’s problems, then bail out programs necessary to preserve highway invest- Mr. LEWIS of Georgia. Madam gone broke. Our delay only makes the ment and provide predictable, long- Speaker, I move to suspend the rules problem worse. Our delay only leaves term Federal funding on which high- and concur in the Senate amendment us with fewer options once we are way projects and State transportation to the bill (H.R. 6532) to amend the In- forced to act. budgets depend. ternal Revenue Code of 1986 to restore The bill before us today puts another b 1500 the Highway Trust Fund balance. temporary patch on a highway system This funding enables States to con- The Clerk read the title of the bill. that needs funding. Even with this $8 The text of the Senate amendment is tinue to finance highway projects that billion infusion of cash, the trust fund as follows: improve safety, ensure mobility, acces- is going to go broke again before the Senate amendment: sibility, increase the movement of peo- On page 3, line 2, strike ‘‘September 30, next Congress acts to address the un- ple and goods, and promote a sound 2008’’ and insert ‘‘the date of the enactment derlying problem. economy. Our Federal-State highway of this Act’’. When the House initially passed this partnership is essential to the success The SPEAKER pro tempore. Pursu- bill on July 23, the balance of the trust of our Nation’s surface transportation ant to the rule, the gentleman from fund stood at $4.2 billion. Now we learn system, and those States must be as- Georgia (Mr. LEWIS) and the gentleman from the Department of Transpor- sured the transportation funding from Texas (Mr. SAM JOHNSON) each tation that in the span of just these pledged to them under Federal law, we will control 20 minutes. few weeks, that balance has fallen all hope, that will be available. The Chair recognizes the gentleman the way to $1.4 billion as of the begin- Coming from the State of New Jer- from Georgia. ning of this month. So today the ad- sey, which has the highest per capita GENERAL LEAVE ministration has called upon the Con- population in the Nation and is dealing Mr. LEWIS of Georgia. Madam gress to approve this $8 billion transfer with an aging infrastructure, I know Speaker, I ask unanimous consent to and to make it effective immediately, that this projected shortfall would give Members 5 legislative days to re- rather than on September 30th, because have been devastating not only for the vise and extend their remarks on the the trust fund is likely to go broke transportation projects but especially bill, H.R. 6532. sooner. for job creation at this difficult time. The SPEAKER pro tempore. Is there The highway funding system is based In New Jersey alone, we have seen the objection to the request of the gen- on fuel taxes that are declining at a loss of over $305 million in Federal tleman from Georgia? time when the price of fuel is rising. highway funds, which would have been There was no objection. Fewer people are driving because the compounded by the loss of over 10,000 Mr. LEWIS of Georgia. Madam cost of gas is skyrocketing. jobs. That is why it is so imperative Speaker, I yield myself such time as I The majority will not let us debate that we come together in a bipartisan may consume. an energy bill. The majority Demo- fashion, to ensure that this shortfall is Madam Speaker, this bill passed the crats will not let America work toward addressed properly. House on July 23, 2008, with bipartisan domestic oil and gas. Americans want, I am glad to see that the Bush ad- support by a vote of 387 yeas to 37 nays. need and deserve a clear energy policy ministration finally acknowledged the The Department of Transportation has that uses American energy sources like crisis with the highway trust fund, de- asked that this legislation be effective oil and gas from offshore. Americans spite the President’s earlier veto immediately. The Senate amended the want, need and deserve an energy pol- threat. House-passed bill to change the effec- icy that develops new technologies and Looking ahead, we know that fami- tive date and respond to the adminis- brings them to the market. Yet this lies are using less gasoline, hybrid cars tration’s request. Congress delays action and prevents are increasing mileage rates, and car The trust fund is broke, out of debate. pooling is taking more cars off the money. Our State and local govern- If the highway bills that this Con- . ments, drivers, construction workers gress has passed were not larded up The SPEAKER pro tempore. The and many others will suffer when high- with thousands of earmarks, then time of the gentleman from New Jersey way projects are delayed. We took $8 spending from the trust fund could be has expired. billion out of the trust fund in 1998, and better regulated to match taxes with Mr. LEWIS of Georgia. I yield the now is the time to put that $8 billion spending. A little bit of self-control gentleman an additional 1 minute. back. would solve this problem. Mr. PASCRELL. I thank the gen- I urge all of my colleagues again to Unfortunately, the bill that will pass tleman. support this important bill. the House today shows no self-control. Our Nation is facing a difficult eco- Madam Speaker, I reserve the bal- It is just another bailout. nomic environment. Commuters are ance of my time. Madam Speaker, I reserve the bal- flocking to increased bus and rail op- Mr. SAM JOHNSON of Texas. Madam ance of my time. tions due to fuel costs. We hope that Speaker, I yield myself such time as I Mr. LEWIS of Georgia. Madam those options are available. Just when may consume. Speaker, I yield 2 minutes to the gen- we need more investment in highways (Mr. SAM JOHNSON of Texas asked tleman from New Jersey (Mr. and transit, the resources and the and was given permission to revise and PASCRELL), a member of the Ways and sources are dwindling. extend his remarks.) Means Committee. This administration has consistently Mr. SAM JOHNSON of Texas. Madam Mr. PASCRELL. Madam Speaker, I ignored the tough issues, such as ad- Speaker, I rise in opposition to H.R. rise to speak on an issue on which our vancing a real plan for renewal and ex- 6532. Nation is united, an issue that has had pansion of the highway trust fund. In

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.029 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8040 CONGRESSIONAL RECORD — HOUSE September 11, 2008 the immediate term, I urge all my col- to the gentlewoman from Kansas, Con- Mansion exhibit; $1.5 for the American leagues on both sides to vote ‘‘yes’’ on gresswoman BOYDA. Tobacco Trail in North Carolina; the Highway Trust Fund Restoration Mrs. BOYDA of Kansas. Madam $800,000 for a transportation and herit- Act. Speaker, I thank the chairman. age museum in Tennessee; $4 million Mr. SAM JOHNSON of Texas. Madam Well, we are here. We are back again. for bike trails and park space in Cali- Speaker, I recognize Mr. JOHN MICA It was about 6 weeks ago that this body fornia; $1 million for the Please Touch from Florida, the ranking member on passed the very bill that we are talking Me Museum in Philadelphia; $1 million the Transportation Committee, for 3 about today, with the looming short- for the Blue Ridge Mountain Center in minutes. fall in the highway trust fund. With no Virginia. Mr. MICA. I thank the gentleman for Senate action until yesterday, the These are earmarks that are funded yielding and for his leadership, and I shortfall is now here and now, and we in this bill, part of the reason we are also thank Mr. JOHNSON for his com- have to deal with it. having to steal money from the general ments. Just last week, our Department of fund and fund back the highway trust When you don’t have an energy pol- Transportation Secretary, Deb Miller, fund, because we just went hog wild icy and when you don’t have a com- in Kansas, announced that KDOT back in 2005. prehensive plan to deal with the esca- would have to cut funds, cut programs Just a few examples of some others: lating costs of fuel, you create a crisis. and projects while the delay of the pay- $2.75 million for renovations to the We have created a crisis in the pocket- ment of funds was slated from the National Packard Museum in Ohio; $2.4 book and in the checkbook of most highway trust fund took shape. for the National Infantry Museum. Americans. We have also created a cri- Madam Speaker, we can no longer Might be a good museum; probably sis here in Congress and in the United wait to act. The American people are shouldn’t be funded out of the highway States Department of Transportation, so frustrated right now with Congress, trust fund. because the highway trust fund has and this is just one more of those Yet, instead of going in and saying gone bust. It is broke. There is no things. It is about as crazy as I thought we are going to rescind these earmarks money in it. In fact, tomorrow they it would be getting here in Congress if they haven’t been funded yet, some will be issuing, if we do not act, notices and watching what Congress can’t do, have, some haven’t, we are saying we of termination of Federal participa- with the opportunity today to do a are going to take from the general tion. two-for: We can fix this fund. We can fund. When you start doing that, you That has consequences. That means fix this shortfall in the highway trust set a horrible precedent in this place, not a few jobs will be lost, but there fund, and we can show the American because we know the amount of log- will be 380,000 jobs potentially lost people that in fact we can come to- rolling that goes on in a highway bill. across the country. There will be gether; in a bipartisan manner, we can And if you don’t have the natural ceil- projects across the United States that work together. With that, I strongly ing that exists with the highway trust are put on hold. So there are con- support this bill. fund, where you say we can spend that sequences to our inaction of adopting a Mr. SAM JOHNSON of Texas. Madam much and no more; if you can say, well, sound energy policy and resolving this Speaker, at this time I recognize Mr. when we run out, we will just go out issue. And we can solve the energy FLAKE from Arizona for 5 minutes. and take from the general fund, then issue, but we do need a comprehensive Mr. FLAKE. I thank the gentleman ‘‘Katie bar the door,’’ this place is approach to do that. People responded by driving less, so for yielding. going to be out of money sooner than We didn’t have to be here today. We there is less money going into the fund. you think. Because when you have this could have acted more responsibly in We have a more efficient fleet of cars amount of money and you pass around 2005, when we reauthorized the highway on the roads, so we have less money the projects and you have so much buy- coming also into the fund. And we have bill. At that time, I heard a number of in, then very few will vote against that alternative fuels that are starting to be people, appropriators and others, stand bill because their own projects are in used, like plug-in electric and hybrids, up and say: We are authorizing more it, and soon we are taking more and that we don’t collect the gas tax on. So than we will have money for. We knew more money from the general fund. the trust fund is broke. it at the time. Anybody who really We cannot start that process with Now the House did act responsibly. I looked at this knew that we were au- this bill, and that is what this bill is partnered with Mr. OBERSTAR, the thorizing more than the highway trust doing. That is what this amendment is Chair of our Transportation Com- fund contained for projects. doing today. We have got to act more mittee, with Mr. RANGEL, and Mr. To make matters worse, and part of fiscally responsible. MCCRERY. We did act, and this House the reason we had far more than we Let me just go through a few more. passed on July 23 a fix for what is could fund is we had over 6,300 ear- $1.2 million for the Henry Ford Mu- wrong. Mr. JOHNSON is right, this is a marks in the highway bill. That is why seum in Michigan. Now, might be a Band-Aid on a major problem that we this thing was so big. That accounted good museum, probably shouldn’t be have in funding transportation, and we for about $24 billion of the highway funded with your highway dollars. are just kicking the can down further bill. $500,000 for the Railroad Museum in down. But we have got to sit down im- Now, some of those projects, I grant Georgia; $200,000 for the Brooklyn Chil- mediately as a Congress and resolve you, would have been funded anyway in dren’s Museum. these funding issues in our highway the highway bill. There were projects If you are catching a theme here, trust fund, or we will be back here tak- that a Member wanted that would have there are a lot of museums funded in ing money out of our children’s future been funded out of that State’s formula this bill, again, money that is coming and out of our general treasury to fund anyway. But there are a lot of projects out of the highway trust fund that we transportation. That is not the way to that would not. overburdened the highway trust fund do it. It’s not the right way to go. We all know about the infamous with that we now have to get money We must begin immediately, because to Nowhere. That was part of from the general fund for. the bill we are working under expires this bill. But some of the lesser known One of the previous speakers said next September 30, and we have in things that are in this bill that have that there is a national consensus or place no mechanism to replace and re- far too little to do with transportation, that the Nation is united on this topic plenish those funds. So this is a Band- I would submit: that we need to take from the general Aid, it is a temporary fix. It is not the $16 million for the Bremerton Pedes- fund. I would say, where the Nation is way I like to do business, but we need trian Transportation Center in Wash- united is that we have got to stop this to get down to business, solve the en- ington State; $3 million for a parking earmarking process. And if we get to it ergy problem, and have a long-term fix garage in suburban Chicago; $3.5 mil- next week, hopefully we will, the ap- for the highway trust fund that is bro- lion for pedestrian walkways and propriation bill for the Department of ken today. streetscaping in the village of Western Defense, you will see more of it, be- Mr. LEWIS of Georgia. Madam Springs, Illinois; $3.5 million to im- cause that bill contains 1,200 earmarks. Speaker, I am pleased to yield 1 minute prove the Pennsylvania Executive The bill that has been marked up in

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.032 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8041 the subcommittee of appropriations for the aisle, we came to an agreement in extra $600 billion. They’ve given us the defense, 1,200 earmarks. which we had to yield that $29 billion largest unfunded obligation ever of the I took a look at it just to see. It is surplus. $8 billion of it went for current Nation, $57.3 trillion, that’s trillion very difficult to see where the money is account deficit reduction, and the with a T, Madam Speaker, roughly and where it is going, but one thing we other $21 billion went for long-term $400,000 of debt per American family could see is what we see in every bill debt reduction. That happened on June under this Democrat leadership. that contains a lot of earmarks: A dis- 26, when President Clinton signed the They’ve given us the largest Federal proportionate number of the earmarks TEA–21 act into law. I am sure every- budget ever. They’ve given us the larg- are going to those who chair commit- body in this Chamber felt a great bur- est tax increase ever. They’ve given a tees, those in leadership positions, or den of debt lifted off their shoulders. blank check to Fannie and Freddie those who are on the Appropriations But none of that money went for high- drawn on the checking accounts of Committee. way projects, for bridge projects, or for working men and women all over the In fact, 1,200 earmarks, as I men- highway safety or transit needs of this Nation. tioned. Of these 1,200, more than 560 are country. And today, today, to the best of my associated with appropriators and knowledge, for the first time in Amer- b 1515 members of leadership. That is a stag- ica’s history, they are raiding a bank- gering 45 percent of the earmarks in- It went for long-term and short-term rupt Treasury in order to give money cluded in the committee print. That is debt and deficit reduction. We knew to the highway trust fund. not uncommon; that is what called the then, and it was predicted by the De- Now, Madam Speaker, how did we get spoil system, and that is why it is un- partment of Transportation, by OMB, here? I submit to you it’s two reasons. likely that we will be able to stop this by the Congressional Budget Office Our friends on the other side of the amendment today. that, in time, this would lead to a aisle love earmarks, but, unfortu- Please, let’s be fiscally responsible. shortfall in the highway trust fund, nately, they don’t love American made Mr. LEWIS of Georgia. Madam and that shortfall will occur this fall, energy. Speaker, I yield such time as he needs or with a little bit of luck, next spring. In the last highway bill, as my to the gentleman from Minnesota (Con- The fix is necessary today to repa- friend, the gentleman from Arizona, pointed out, 6,300 different earmarks, gressman OBERSTAR), the Chair of the triate to the highway trust fund those Transportation and Infrastructure revenues that were taken from it for $24 billion worth. We wouldn’t be here, Committee. general revenue purpose use for short- Madam Speaker, if it wasn’t for this Mr. OBERSTAR. I thank the gen- term deficit reduction. That was the ‘‘earmarkaholism.’’ Now, not all these earmarks are bad. tleman for yielding. folly. That was the gun at the head of But, Madam Speaker, something called We are very pleased to have the Sen- the bipartisan leadership of the com- the highway trust fund, why do we ate action on the conference report. We mittee and of the Congress, that we have Democrat earmarks for land- can restore to the highway trust fund had to make that step, take that step scaping? Why do we have Democrat money that was siphoned off 10 years of shifting funds out of the highway earmarks for hiking trails in Ten- ago. trust, in addition to which, we had to nessee? Why do we have Democrat ear- The discussion of earmarks we have agree that the Treasury would not marks, a quarter million dollars for had a dozen times on the House Floor have to pay interest on revenues paid boardwalks? need not be repeated here; it is irrele- into the trust fund. That resulted in Madam Speaker, why did we end up vant to the issue at hand. We will deal further reduction in revenues in the with $600,000 for horse riding trails in with those matters next year in a sub- highway trust fund. the Jefferson National Forest in Vir- So we are, today, repatriating funds sequent authorization. ginia? But the reality of why this legisla- back to the highway trust fund that Madam Speaker, why did the Demo- tion is needed is rooted in the Trans- were taken by force majeure of this crats bring us earmarks, $8 million for portation Equity Act for the 21st Cen- governance from the trust fund to gen- a parking facility in Harlem? And the tury in 1998, when in this Chamber our eral revenue purposes, and bringing it list goes on and on. then chairman, Bud Shuster, and I, as back to keep faith with the drivers of Now, I’ll admit, Madam Speaker, ranking member, negotiated with the this country. That’s what’s at stake there’s been a number of earmarks on Republican leadership of the House, the here, and I want everybody to under- our side of the aisle. But this side of Speaker, the Chair of the Appropria- stand. I’m not stretching the truth. I’m the aisle woke up. They understand the tions Committee, the Chair of the just saying, these are the facts of budg- American people, and the American Budget Committee, the Chair of the et life that we are dealing with. And people want a moratorium, and it’s Re- Ways and Means Committee, and with Congress can keep faith with the trav- publicans that have called for a mora- the Clinton administration, the Presi- eling public by passing this conference torium. dent directly with their Office of Man- report and restoring the trust to the But more importantly, right now, agement and Budget, and Treasury, to highway trust fund. Madam Speaker, one of the reasons put firewalls around the highway trust Mr. SAM JOHNSON of Texas. Could I there’s no money in the trust fund is fund to assure that surpluses couldn’t ask how much time is remaining on people can’t afford to drive because be built up as had been done every year our side? Democrats view our oil and gas re- since 1968 when it began under Lyndon The SPEAKER pro tempore. The gen- serves in our Nation as toxic waste Johnson, President of the United tleman from Texas has 9 minutes re- sites, and Republicans view them as States, to hold money in reserve and maining. The gentleman from Georgia natural resources to relieve pain at the make deficits of that and subsequent has 101⁄2 minutes remaining. pump. Presidencies look less than they actu- Mr. SAM JOHNSON of Texas. At this And that’s why, Madam Speaker, if ally were. time I would like to yield 3 minutes to we would simply enact the American Until 1998, we had a $29 billion sur- Mr. HENSARLING from Texas, the chair- Energy Act, the All-of-the-Above Act, plus in the highway trust fund, taxes man of the Republican Study Com- Americans could drive again and we paid at the pump by drivers all across mittee. could fill up these coffers, and we the United States but not getting the Mr. HENSARLING. I thank the gen- wouldn’t be here today. benefit from it because those monies tleman and my dear friend from Texas And, finally, to be here today with- were held back to make deficits look for yielding. out any offsets is an absolute tragedy smaller. So our resolve was to create Madam Speaker, the fiscal mis- for this Nation. And this bill should be firewalls around the trust so that management of the Democrats con- rejected. couldn’t happen in the future. tinues. In just 19 months, our friends Mr. LEWIS of Georgia. Madam In order to reach that goal held by on the other side of the aisle have man- Speaker, I yield 4 minutes to the gen- every private sector entity in the coun- aged to double the Federal deficit. tleman from Oregon, Congressman try, by State transportation authori- They have given us the single largest 1- BLUMENAUER, a member of the Ways ties, and by Members on both sides of year increase in the Federal debt, an and Means Committee.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.033 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8042 CONGRESSIONAL RECORD — HOUSE September 11, 2008 Mr. BLUMENAUER. I appreciate the the principle about, I call it an obliga- Congress, from the taxpayers at the gentleman’s courtesy, and I appreciate tion, a man’s word, or a woman’s word, pump. I have come from the old school this coming forward. to someone else. that if you borrow it you pay it back, It’s somewhat ironic to listen to our We borrowed that money from the and that’s what we’re doing today to friends on the other side of the aisle taxpayers that paid at the pump, and keep the largest driving force in this dust off the old canard about earmarks. very frankly, we spent it for other pur- country going, the construction of our It’s a bit awkward for them, as we’re poses, be it put the debt down, et infrastructure, the improvement upon finding out that Governor Palin was cetera, that’s not why we paid that 18.2 and then the repair. If we don’t do that not just for them but aggressively lob- cents per gallon. We paid it for an in- today, I’m sure we will, we’ll make a bying for them before she was against frastructure system. great mistake. them. And all the earmarks the gen- Having said that, we have another But let’s go to the future, the next tleman talks about were under the Re- problem. Our infrastructure is falling highway bill. And those that are talk- publican watch. They controlled the apart. When I was chairman of the ing about we shouldn’t spend it here, last transportation bill. Transportation Committee, I asked for we shouldn’t spend it there, there’s no But I am pleased that the adminis- a five-cent increased tax on gasoline. better way to spend the dollars of the tration has had a change of heart. It’s And very frankly, my side of the aisle American taxpayer than in an infra- withdrawing its veto threat to ensure and my President said, no, and we’re structure for the future generations. It the fulfillment of the highway trust further behind today than we were creates employment today, it creates fund. when I first suggested that. We ended employment in the future, and it takes This is serious business, and I hope it up with $286 billion instead of $216 bil- and makes our economy strong forever. would be one of the areas where we Re- lion, but not nearly enough. Mr. LEWIS of Georgia. I reserve the publicans and Democrats could come There’s no one in this Nation today balance of my time, Madam Speaker. together. Making sure that we don’t that can tell me that our transpor- Mr. SAM JOHNSON of Texas. Madam lose the over $14 billion of highway, tation is keeping up. It is falling fur- Speaker, at this time I would like to bridge and other transportation fund- ther behind each day, each day; and recognize Mr. JERRY MORAN from Kan- ing and hundreds of thousands of con- when we do that, we add to the debt of sas for 1 minute. struction, engineering and design jobs this Nation because our economy is Mr. MORAN of Kansas. I thank the that are at risk right now is absolutely based upon the ability to move product gentleman from Texas. And I rise essential. and people. If we can’t do that, we have today in support of H.R. 6532. I’m pleased that Congress is taking no economy. I come from a State in which trans- this step to make sure that we do not The thing that hurts me the most, portation matters. Long distances be- move in the wrong direction because my good friends, in this energy crisis tween communities, agricultural and communities, large and small, urban we have today and the high cost of en- commodity goods to be hauled to mar- and rural, are suffering from failing in- ergy, we’re spending more money and ket. And in the absence of this restora- frastructure. I spent last week with my more gallons of fuel sitting still than tion of $8 billion to the highway trust friend, MIKE SIMPSON, in Idaho, dealing moving because we have congestion. fund, our State would lose nearly $118.5 with those issues in his State, and it’s That is not the economy this country million dollars, creating a critical nothing partisan or ideological about needs. shortfall and the inability to complete it. It’s time for us to come forward and I will say this to my new chairman, projects underway. make this initiative. Mr. OBERSTAR. He has a huge responsi- So I’m pleased today to be back here It’s so bad that the American Society bility, and I hope this Congress will lis- in support of legislation that this body of Civil Engineers has given our Na- ten. And whoever the next President is, passed several weeks ago; pleased to tion’s infrastructure overall a grade of we must address this issue of raising see the Senate follow suit last night, D minus. Today the Federal Govern- the dollars to improve the transpor- and pleased to know that the President ment is investing less than we have as tation system within this Nation. will sign this legislation upon its pas- a percent of our Gross Domestic Prod- Mr. BLUMENAUER said to the effect sage today. uct than we have for 50 years. And that no one’s talking about transpor- I commend my colleagues in Ways we’re falling behind our competitors tation in this Presidential election. and Means, and appreciate my col- around the world. And I’m not being partisan here. Nei- leagues from the House Transportation I’m hopeful that we can move for- ther party’s talking about transpor- and Infrastructure Committee who ward today with this as a first step to- tation. If we do not do that, with the have arisen to the occasion to make wards a comprehensive approach to increase of the population we cannot certain that transportation is sup- deal with rebuilding and renewing have an economic base. ported and the jobs and industry that America dealing with its energy needs, Lastly, let me suggest one thing. One it pertains to, by this legislation. its water, transportation and infra- of the reasons the money is not there structure, so that we can make sure and why we should pass this bill today b 1530 that all our communities are livable is because we are spending less on gaso- Mr. LEWIS of Georgia. Madam and our families safer, healthier and line because of the high price. And for Speaker, I continue to reserve my more economically secure. those who do not want to drill, those time. Mr. SAM JOHNSON of Texas. Madam who do not want to reduce domestic Mr. SAM JOHNSON of Texas. Madam Speaker, at this time I would like to prices, think of what you’re doing to Speaker, at this point I would like to recognize Mr. from Alaska the transportation system in this coun- recognize Mr. SCOTT GARRETT from for 4 minutes. try. My chairman is going to have to New Jersey for 1 minute. (Mr. YOUNG of Alaska asked and was come up with a way of funding. Maybe Mr. GARRETT of New Jersey. I given permission to revise and extend it’s other than the gas tax. I don’t thank the gentleman. his remarks.) know. I rise to oppose this legislation which Mr. YOUNG of Alaska. Madam But we do have the automobiles. I is really unfair and unjust to the peo- Speaker, first, let me say I’m very sup- don’t care whether they’re hybrids. I ple of the State of New Jersey. I say so portive of this legislation. And I under- don’t care what they are in saving because it perpetuates an unfair sys- stand the fiscal responsibility. I under- fuels. We do have a transportation ne- tem to our State, our State made up of stand that those that say we’re taking cessity in this country, and this body commuters, because it does not change $8 billion and we’re not having an off- has not had the courage to go forth and a system where in fact we do not get set. Remember we, this body, borrowed have the vision of improving the trans- back a dollar on a dollar. Our com- the money. And I want to compliment portation of the Nation for the future muters only get back pennies, 87 cents Mr. OBERSTAR on the history of what generations. We must do that. on a dollar in the current system, and occurred in 1998 and where we are This bill is a short step. It’s needed. this perpetuates that system. today. So we’re really paying back It’s important, and it is returning what See, New Jersey is a commuter what we borrowed. And that’s part of we borrowed; we, being the body of State. Whether you work or play, you

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.036 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8043 have to rely on your car or truck to get We simply cannot allow this to happen. In A recorded vote was ordered. around, and you’re being attacked both the absence of passage of H.R. 6532, the The vote was taken by electronic de- from our State capital and in Wash- State of Texas stands to lose $859 million in vice, and there were—ayes 215, noes 190, ington, D.C. funding and a projected loss of 30,000 good- answered ‘‘present’’ 1, not voting 27, as You’re being attacked by our State paying jobs. follows: capital by perpetual toll increases from The State has identified a funding gap of [Roll No. 585] High Point to Cape May, from Alpha to $86 billion between available resources and AYES—215 LBI, there are always threats of higher what is needed to achieve an acceptable level Ackerman Frank (MA) Neal (MA) taxes there. And in D.C., we’re under of mobility by 2030. By the year 2030, TXDOT Allen Giffords Oberstar attack as well for the failure of this predicts the State’s population is expected to Altmire Gillibrand Obey Congress and this Democrat leadership increase by 64 percent. My State cannot af- Andrews Gonzalez Olver of passing an energy package. ford a lapse in receiving its share of federal Arcuri Gordon Pallone highway funding made available by Baca Green, Al Pascrell With gasoline at $3.50 a gallon and Baird Grijalva Pastor diesel at $4 a gallon, where it costs SAFETEA–LU. Baldwin Gutierrez Payne over $1,000 to fill up your truck to get In the absence of bold and decisive action Barrow Hall (NY) Pomeroy Bean Hare to work or to get to school or else- by this body in the next highway bill authoriza- Price (NC) Becerra Harman Rahall where, New Jersey commuters are con- tion, stagnant transportation policy and inad- Berkley Hastings (FL) equate funding will cripple our country. It is Rangel sistently being attacked by a system Berman Herseth Sandlin Reyes Berry Higgins past time for government at all levels to make Richardson out of control in our State capital and Bishop (GA) Hill investment in transportation infrastructure an Rodriguez our national capital as well, and that is Bishop (NY) Hinchey Ross urgent priority. Blumenauer Hinojosa why I stand here opposed to this legis- Rothman Madam Speaker, I urge my colleagues to Boren Hirono lation until we change the existing sys- Roybal-Allard vote yes on this important piece of legislation. Boswell Hodes tem of funding for tax administration. Boucher Holden Ruppersberger Mr. LEWIS of Georgia. Madam Ryan (OH) Mr. LEWIS of Georgia. Madam Speaker, I yield back the balance of Boyd (FL) Holt Boyda (KS) Honda Salazar Speaker, may I inquire of Mr. JOHNSON ´ my time. Brady (PA) Hooley Sanchez, Linda whether he has any more speakers? The SPEAKER pro tempore. The Braley (IA) Hoyer T. The SPEAKER pro tempore. The question is on the motion offered by Brown, Corrine Inslee Sanchez, Loretta Sarbanes time of the gentleman from Texas has the gentleman from Georgia (Mr. Butterfield Israel expired. The gentleman from Georgia Capps Jackson (IL) Schakowsky LEWIS) that the House suspend the Capuano Jefferson Schiff has 8 minutes remaining. rules and concur in the Senate amend- Cardoza Johnson (GA) Schwartz Mr. LEWIS of Georgia. Madam ment to the bill, H.R. 6532. Carnahan Johnson, E. B. Scott (GA) Speaker, I fully support H.R. 6532, as The question was taken. Carney Kagen Scott (VA) amended. We must act and we must act Carson Kanjorski Serrano The SPEAKER pro tempore. In the Castor Kaptur Sestak responsibly and return $8 billion to the opinion of the Chair, two-thirds being Chandler Kildee Shea-Porter highway trust fund. in the affirmative, the ayes have it. Clarke Kilpatrick Sherman I urge all of my colleagues on both Mr. LEWIS of Georgia. Madam Clay Kind Sires sides of the aisle to vote ‘‘yes’’ for this Speaker, on that I demand the yeas Cleaver Klein (FL) Skelton Clyburn Kucinich Slaughter important and needed bill. and nays. Cohen Langevin Smith (WA) Ms. EDDIE BERNICE JOHNSON of Texas. The yeas and nays were ordered. Conyers Larsen (WA) Snyder Madam Speaker, I rise today in support of the The SPEAKER pro tempore. Pursu- Cooper Larson (CT) Solis ant to clause 8 of rule XX and the Costa Lewis (GA) Space Senate Amendment to H.R. 6532, a bill to Costello Lipinski Chair’s prior announcement, further Speier amend the Internal Revenue Code of 1986 to Courtney Loebsack Spratt restore the Highway Trust Fund balance. proceedings on this motion will be Cramer Lofgren, Zoe Stupak postponed. Crowley Lowey Sutton As an original cosponsor of H.R. 6532 I am Cuellar Lynch delighted our colleagues from the other body f Tanner Cummings Mahoney (FL) Tauscher finally decided to act on this vital piece of leg- ANNOUNCEMENT BY THE SPEAKER Davis (AL) Maloney (NY) Taylor islation. Moreover, I was delighted to learn Davis (CA) Markey Thompson (MS) PRO TEMPORE Davis (IL) Marshall Tierney that the White House has now reversed its po- Davis, Lincoln Matheson The SPEAKER pro tempore. Pursu- Towns sition on vetoing this important bill. DeFazio Matsui Tsongas ant to clause 8 of rule XX, proceedings DeGette McCarthy (NY) Our Nation’s highway trust fund serves as Udall (CO) will resume on questions previously Delahunt McCollum (MN) the lifeblood for funding our Nation’s transpor- Udall (NM) postponed. DeLauro McDermott tation infrastructure. Dicks McGovern Van Hollen Votes will be taken in the following ´ Regrettably, the fund is facing an imminent Dingell McIntyre Velazquez order: approval of the Journal, de novo; Visclosky shortfall due to decreased revenue into the Doggett McNerney motion to suspend the rules on H. Res. Walz (MN) fund. This shortfall comes at a most inoppor- Donnelly McNulty 1420, by the yeas and nays; motion to Doyle Meek (FL) Wasserman Schultz tune time as many States across the country suspend the rules on H.R. 6532, by the Edwards (MD) Meeks (NY) are struggling to provide funding just for ade- Edwards (TX) Michaud Waters yeas and nays. Watson quate highway maintenance—let alone new Ellison Miller (NC) The first electronic vote will be con- Ellsworth Miller, George Watt construction. ducted as a 15-minute vote. Remaining Emanuel Mollohan Waxman I feel it is important that while many observ- electronic votes will be conducted as 5- Engel Moore (KS) Weiner ers have attempted to frame discussions of Eshoo Moore (WI) Welch (VT) minute votes. Wexler the highway trust fund in terms of a ‘‘bail out’’ Etheridge Moran (VA) f Farr Murphy (CT) Wilson (OH) by the general fund, H.R. 6532 is not a bail Fattah Murphy, Patrick Woolsey out. The measure essentially restores $8 bil- THE JOURNAL Filner Murtha Wu lion that was transferred out of the account in The SPEAKER pro tempore. Pursu- Foster Napolitano Yarmuth a 1998 budget reduction arrangement. ant to clause 8 of rule XX, the unfin- NOES—190 Ensuring the solvency of the Highway Trust ished business is the question on agree- Abercrombie Blunt Calvert Fund is important to my home State, as Texas ing to the Speaker’s approval of the Aderholt Boehner Camp (MI) has one of the most extensive surface trans- Journal, which the Chair will put de Akin Bonner Campbell (CA) Alexander Bono Mack Cannon portation networks in the world. novo. Bachmann Boozman Cantor Texas has more than 10,000 miles of rail The question is on the Speaker’s ap- Bachus Boustany Capito track; more than 300,000 miles of roadway proval of the Journal. Barrett (SC) Broun (GA) Carter and more than 50,000 —more than The question was taken; and the Bartlett (MD) Brown (SC) Castle Barton (TX) Brown-Waite, Cazayoux any other State in the Nation. Our transpor- Speaker pro tempore announced that Biggert Ginny Chabot tation network is bursting at the seams, and the ayes appeared to have it. Bilbray Buchanan Childers failure to enact this bill will render a significant RECORDED VOTE Bilirakis Burgess Coble Bishop (UT) Burton (IN) Cole (OK) blow to transportation construction and main- Mr. SAM JOHNSON of Texas. Madam Blackburn Buyer Conaway tenance jobs across my State. Speaker, I demand a recorded vote.

VerDate Aug 31 2005 04:29 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.038 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8044 CONGRESSIONAL RECORD — HOUSE September 11, 2008 Crenshaw King (NY) Rehberg There was no objection. Israel Michaud Scott (VA) Cubin Kingston Reichert Issa Miller (FL) Sensenbrenner Davis (KY) Kirk Renzi f Jackson (IL) Miller (MI) Serrano Davis, David Kline (MN) Reynolds Jefferson Miller (NC) Sessions Davis, Tom Knollenberg Rogers (AL) EXPRESSING THE SENSE OF THE Johnson (GA) Miller, Gary Sestak Deal (GA) Kuhl (NY) Johnson (IL) Miller, George Rogers (KY) HOUSE OF REPRESENTATIVES Shadegg Dent Lamborn Rogers (MI) Johnson, E. B. Mitchell Shays Diaz-Balart, L. Latham Rohrabacher REGARDING THE TERRORIST AT- Johnson, Sam Mollohan Shea-Porter Diaz-Balart, M. LaTourette Ros-Lehtinen TACKS LAUNCHED AGAINST THE Jones (NC) Moore (KS) Sherman Doolittle Latta Roskam Jordan Moore (WI) Shuler Drake Lewis (CA) UNITED STATES ON SEPTEMBER Royce Kagen Moran (KS) Shuster Dreier Lewis (KY) 11, 2001 Kanjorski Moran (VA) Ryan (WI) Simpson Duncan Linder Kaptur Murphy (CT) Sali Sires Ehlers LoBiondo The SPEAKER pro tempore (Mrs. Keller Murphy, Patrick Saxton TAUSCHER). The unfinished business is Skelton Emerson Lucas Kennedy Murtha Slaughter English (PA) Lungren, Daniel Scalise Kildee Musgrave the vote on the motion to suspend the Smith (NE) Everett E. Sensenbrenner Kilpatrick Myrick rules and agree to the resolution, H. Smith (NJ) Fallin Mack Sessions Kind Napolitano Smith (TX) Ferguson Manzullo Shadegg Res. 1420, on which the yeas and nays King (IA) Neal (MA) Smith (WA) Flake Marchant Shays were ordered. King (NY) Neugebauer Snyder Forbes McCarthy (CA) Shuler The Clerk read the title of the resolu- Kingston Nunes Fortenberry McCaul (TX) Shuster Kirk Oberstar Solis Fossella McCotter Simpson tion. Klein (FL) Obey Souder Foxx McCrery Smith (NE) The SPEAKER pro tempore. The Kline (MN) Olver Space Franks (AZ) McHenry Smith (NJ) question is on the motion offered by Knollenberg Pallone Speier Spratt Frelinghuysen McHugh Smith (TX) the gentleman from Maryland (Mr. Kucinich Pascrell Gallegly McKeon Souder Kuhl (NY) Pastor Stearns Garrett (NJ) McMorris Stearns HOYER) that the House suspend the Lamborn Payne Stupak Gerlach Rodgers Sullivan rules and agree to the resolution, H. Langevin Pearce Sutton Gilchrest Melancon Terry Res. 1420. Larsen (WA) Pence Tancredo Tanner Gingrey Mica Thompson (CA) This will be a 5-minute vote. Larson (CT) Petri Goode Miller (FL) Thornberry Latham Pickering Tauscher The vote was taken by electronic de- Taylor Goodlatte Miller (MI) Tiahrt LaTourette Platts Terry Granger Miller, Gary Tiberi vice, and there were—yeas 402, nays 0, Latta Pomeroy Thompson (CA) Graves Mitchell Turner not voting 31, as follows: Lewis (CA) Porter Hall (TX) Moran (KS) Lewis (GA) Price (GA) Thompson (MS) Upton Hayes Musgrave [Roll No. 586] Lewis (KY) Price (NC) Thornberry Walberg Heller Myrick Linder Pryce (OH) Tiahrt Walden (OR) YEAS—402 Hensarling Neugebauer Lipinski Putnam Tiberi Walsh (NY) Herger Nunes Abercrombie Capuano Emerson LoBiondo Rahall Tierney Wamp Hobson Pearce Ackerman Cardoza Engel Loebsack Ramstad Towns Weldon (FL) Aderholt Carnahan English (PA) Hoekstra Pence Lofgren, Zoe Rangel Tsongas Weller Akin Carney Eshoo Hunter Petri Lowey Regula Turner Westmoreland Alexander Carson Etheridge Inglis (SC) Pickering Lucas Rehberg Udall (CO) Whitfield (KY) Allen Carter Everett Issa Platts Lungren, Daniel Reichert Udall (NM) Altmire Castle Fallin Johnson (IL) Porter Wilson (NM) E. Renzi Upton Johnson, Sam Price (GA) Wilson (SC) Andrews Castor Farr Lynch Reyes Arcuri Cazayoux Fattah Van Hollen Jones (NC) Pryce (OH) Wittman (VA) Mack Reynolds ´ Baca Chabot Ferguson Velazquez Jordan Putnam Wolf Mahoney (FL) Richardson Visclosky Keller Ramstad Young (AK) Bachmann Chandler Filner Maloney (NY) Rodriguez Bachus Childers Flake Walberg King (IA) Regula Young (FL) Manzullo Rogers (AL) Walden (OR) Baird Clarke Forbes Markey Rogers (KY) Walsh (NY) ANSWERED ‘‘PRESENT’’—1 Baldwin Clay Fortenberry Marshall Rogers (MI) Walz (MN) Barrett (SC) Cleaver Fossella Matheson Rohrabacher Tancredo Wamp Barrow Clyburn Foster Matsui Ros-Lehtinen Waters NOT VOTING—27 Bartlett (MD) Coble Foxx McCarthy (CA) Roskam Watson Brady (TX) LaHood Peterson (PA) Barton (TX) Cohen Frank (MA) McCarthy (NY) Ross Watt Culberson Lampson Bean Cole (OK) Franks (AZ) McCaul (TX) Rothman Pitts Waxman Feeney Lee Becerra Conaway Frelinghuysen McCollum (MN) Roybal-Allard Poe Weiner Gohmert Levin Berkley Conyers Gallegly McCotter Royce Radanovich Welch (VT) Green, Gene Murphy, Tim Berman Cooper Garrett (NJ) McCrery Ruppersberger Rush Berry Costa Gerlach Weldon (FL) Hastings (WA) Nadler Schmidt McDermott Ryan (OH) Biggert Costello Giffords McGovern Ryan (WI) Weller Hulshof Ortiz Shimkus Bilbray Courtney Gilchrest McHenry Salazar Westmoreland Jackson-Lee Paul Stark (TX) Perlmutter Bilirakis Cramer Gillibrand McHugh Sali Wexler Kennedy Peterson (MN) Bishop (GA) Crenshaw Gingrey McIntyre Sa´ nchez, Linda Whitfield (KY) Bishop (NY) Crowley Gonzalez McKeon T. Wilson (OH) b 1600 Bishop (UT) Cubin Goode McMorris Sanchez, Loretta Wilson (SC) Blackburn Cuellar Goodlatte Rodgers Sarbanes Wittman (VA) Messrs. THOMPSON of California, Blumenauer Cummings Gordon McNerney Saxton Wolf GILCHREST, DOOLITTLE and Blunt Davis (AL) Granger McNulty Scalise Woolsey HUNTER changed their vote from Boehner Davis (CA) Graves Meek (FL) Schakowsky Wu Bonner Davis (IL) Green, Al ‘‘aye’’ to ‘‘no.’’ Meeks (NY) Schiff Yarmuth Bono Mack Davis (KY) Grijalva Melancon Schwartz Young (AK) Messrs. COOPER and ALTMIRE and Boozman Davis, David Gutierrez Mica Scott (GA) Young (FL) Ms. WOOLSEY changed their vote from Boren Davis, Lincoln Hall (NY) ‘‘no’’ to ‘‘aye.’’ Boswell Davis, Tom Hall (TX) NOT VOTING—31 Boucher Deal (GA) Hare So the Journal was approved. Brady (TX) Lampson Pitts Boustany DeFazio Harman Culberson Lee Poe The result of the vote was announced Boyd (FL) DeGette Hastings (FL) Feeney Levin Radanovich as above recorded. Boyda (KS) Delahunt Hayes Gohmert Marchant Rush Brady (PA) DeLauro Heller f Green, Gene Murphy, Tim Schmidt Braley (IA) Dent Hensarling Hastings (WA) Nadler Shimkus MOMENT OF SILENCE COMMEMO- Broun (GA) Diaz-Balart, L. Herger Hulshof Ortiz Stark Brown (SC) Diaz-Balart, M. Herseth Sandlin RATING THE 9/11 ATTACKS Hunter Paul Sullivan Brown, Corrine Dicks Higgins Jackson-Lee Perlmutter Wasserman The SPEAKER. The House will now Brown-Waite, Dingell Hill (TX) Peterson (MN) Schultz Ginny Doggett Hinchey LaHood Peterson (PA) Wilson (NM) observe a moment of silence in mem- Buchanan Donnelly Hinojosa ory of the victims of the terrorist at- Burgess Doolittle Hirono ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tacks on September 11, 2001. Burton (IN) Doyle Hobson The SPEAKER pro tempore (during Will all present please rise for a mo- Butterfield Drake Hodes Buyer Dreier Hoekstra the vote). There are 2 minutes remain- ment of silence. Calvert Duncan Holden ing on this vote. f Camp (MI) Edwards (MD) Holt Campbell (CA) Edwards (TX) Honda b 1608 ANNOUNCEMENT BY THE SPEAKER Cannon Ehlers Hooley So (two-thirds being in the affirma- Cantor Ellison Hoyer The SPEAKER. Without objection, 5- Capito Ellsworth Inglis (SC) tive) the rules were suspended and the minute voting will continue. Capps Emanuel Inslee resolution was agreed to.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A11SE7.022 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8045 The result of the vote was announced This will be a 5-minute vote. Price (GA) Scott (GA) Tierney Price (NC) Scott (VA) Towns as above recorded. The vote was taken by electronic de- Putnam Serrano Tsongas A motion to reconsider was laid on vice, and there were—yeas 376, nays 29, Rahall Sessions Turner the table. not voting 28, as follows: Ramstad Sestak Udall (CO) Rangel Shays Udall (NM) f [Roll No. 587] Regula Shea-Porter Upton PARLIAMENTARY INQUIRY YEAS—376 Rehberg Sherman Van Hollen Reichert Shuler Vela´ zquez Mr. DANIEL E. LUNGREN of Cali- Abercrombie Davis (KY) Kanjorski Renzi Shuster Visclosky fornia. Parliamentary inquiry. Ackerman Davis, David Kaptur Reyes Simpson Walberg Aderholt Davis, Lincoln Keller Reynolds Sires Walden (OR) The SPEAKER pro tempore. The gen- Akin Davis, Tom Kennedy Richardson Skelton Walsh (NY) tleman will state his parliamentary in- Alexander Deal (GA) Kildee Rodriguez Slaughter Walz (MN) quiry. Allen DeFazio Kilpatrick Rogers (AL) Smith (NE) Wamp Altmire DeGette Kind Mr. DANIEL E. LUNGREN of Cali- Rogers (KY) Smith (NJ) Wasserman Andrews Delahunt King (IA) Rogers (MI) Smith (TX) Schultz fornia. Madam Speaker, I am informed Arcuri DeLauro Kirk Rohrabacher Smith (WA) Waters that on our side of the aisle we have al- Baca Dent Klein (FL) Ros-Lehtinen Snyder Watson ready signed up for the customary Bachmann Diaz-Balart, L. Kline (MN) Roskam Solis Watt Bachus Diaz-Balart, M. Knollenberg Ross Souder Waxman leadership hour a Member, and two in- Baird Dicks Kucinich Rothman Space Weiner dividual Members for one-hour Special Baldwin Dingell Kuhl (NY) Roybal-Allard Speier Welch (VT) Orders, as well as a number of Members Barrett (SC) Doggett Langevin Ruppersberger Spratt Weldon (FL) Barrow Donnelly Larsen (WA) who intend to request 5-minute Special Ryan (OH) Stark Weller Bartlett (MD) Doolittle Larson (CT) Salazar Stupak Westmoreland Orders, the subject of which will be the Barton (TX) Doyle Latham Sali Sullivan Wexler important issue facing the Nation Bean Drake LaTourette Sa´ nchez, Linda Sutton Whitfield (KY) today, energy. Becerra Dreier Latta T. Tanner Wilson (OH) Berkley Duncan Lewis (CA) Sanchez, Loretta Tauscher Wilson (SC) The SPEAKER pro tempore. Does the Berman Edwards (MD) Lewis (GA) Sarbanes Taylor Wittman (VA) gentleman have a parliamentary in- Berry Edwards (TX) Lewis (KY) Saxton Terry Wolf quiry? Biggert Ehlers Lipinski Scalise Thompson (CA) Woolsey Bilbray Ellison LoBiondo Mr. DANIEL E. LUNGREN of Cali- Schakowsky Thompson (MS) Wu Bilirakis Ellsworth Loebsack Schiff Tiahrt Yarmuth fornia. My parliamentary inquiry is Bishop (GA) Emanuel Lofgren, Zoe Schwartz Tiberi Young (AK) this: If the motion to adjourn, which is Bishop (NY) Emerson Lowey Bishop (UT) Engel Lucas NAYS—29 the second vote next in order, is adopt- Blackburn English (PA) Lungren, Daniel ed, is it my understanding that all Blumenauer Eshoo E. Broun (GA) Inglis (SC) Pence business of the House will have to be Blunt Etheridge Lynch Campbell (CA) Johnson, Sam Royce Cannon Jordan Ryan (WI) curtailed, including the customarily Boehner Everett Mack Bonner Fallin Mahoney (FL) Chabot Kingston Sensenbrenner accepted Special Orders, including that Bono Mack Farr Maloney (NY) Flake Lamborn Shadegg at the direction of the minority leader- Boozman Fattah Marchant Foxx Linder Stearns Franks (AZ) Manzullo ship? Boren Ferguson Markey Tancredo Boswell Filner Marshall Garrett (NJ) McCrery Thornberry Hensarling McHenry The SPEAKER pro tempore. If a mo- Boucher Forbes Matheson Young (FL) tion to adjourn were adopted, the Boustany Fortenberry Matsui Hobson Neugebauer House would stand adjourned. Boyd (FL) Fossella McCarthy (CA) NOT VOTING—28 Mr. DANIEL E. LUNGREN of Cali- Boyda (KS) Foster McCarthy (NY) Brady (PA) Frank (MA) McCaul (TX) Brady (TX) LaHood Peterson (PA) fornia. Further parliamentary inquiry, Braley (IA) Frelinghuysen McCollum (MN) Culberson Lampson Pitts Madam Speaker. Brown (SC) Gallegly McCotter Feeney Lee Poe The SPEAKER pro tempore. The gen- Brown, Corrine Gerlach McDermott Green, Gene Levin Pryce (OH) Hastings (WA) Murphy, Tim tleman will state his parliamentary in- Brown-Waite, Giffords McGovern Radanovich Ginny Gilchrest McHugh Hulshof Nadler Rush quiry. Buchanan Gillibrand McIntyre Issa Ortiz Schmidt Mr. DANIEL E. LUNGREN of Cali- Burgess Gingrey McKeon Jackson-Lee Paul Shimkus (TX) Perlmutter fornia. If, then, the motion to adjourn Burton (IN) Gohmert McMorris Wilson (NM) Butterfield Gonzalez Rodgers King (NY) Peterson (MN) is adopted, does that mean then, again, Buyer Goode McNerney the lights of this House will be dimmed Calvert Goodlatte McNulty ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and the microphones will be shut off? Camp (MI) Gordon Meek (FL) The SPEAKER pro tempore (during Cantor Granger Meeks (NY) The SPEAKER pro tempore. The gen- Capito Graves Melancon the vote). There are 2 minutes remain- tleman is not stating a parliamentary Capps Green, Al Mica ing in this vote. inquiry. Capuano Grijalva Michaud Cardoza Gutierrez Miller (FL) f Carnahan Hall (NY) Miller (MI) b 1618 ANNOUNCEMENT BY THE SPEAKER Carney Hall (TX) Miller (NC) Carson Hare Miller, Gary So (two-thirds being in the affirma- PRO TEMPORE Carter Harman Miller, George tive) the rules were suspended and the The SPEAKER pro tempore. Without Castle Hastings (FL) Mitchell Senate amendment was concurred in. Castor Hayes Mollohan objection, 5-minute voting will con- Cazayoux Heller Moore (KS) The result of the vote was announced tinue. Chandler Herger Moore (WI) as above recorded. There was no objection. Childers Herseth Sandlin Moran (KS) Clarke Higgins Moran (VA) A motion to reconsider was laid on f Clay Hill Murphy (CT) the table. Cleaver Hinchey Murphy, Patrick HIGHWAY TRUST FUND Clyburn Hinojosa Murtha RESTORATION ACT Coble Hirono Musgrave f The SPEAKER pro tempore. The un- Cohen Hodes Myrick Cole (OK) Hoekstra Napolitano ENROLLED BILLS SIGNED finished business is the vote on the mo- Conaway Holden Neal (MA) tion to suspend the rules and concur in Conyers Holt Nunes Ms. Lorraine C. Miller, Clerk of the the Senate amendment to the bill, H.R. Cooper Honda Oberstar Costa Hooley Obey House, reported and found truly en- 6532, on which the yeas and nays were Costello Hoyer Olver rolled bills of the House of the fol- ordered. Courtney Hunter Pallone lowing titles, which were thereupon The Clerk read the title of the bill. Cramer Inslee Pascrell signed by the Speaker: The SPEAKER pro tempore. The Crenshaw Israel Pastor Crowley Jackson (IL) Payne H.R. 5683. An act to make certain reforms question is on the motion offered by Cubin Jefferson Pearce with respect to the Government Account- the gentleman from Georgia (Mr. Cuellar Johnson (GA) Petri ability Office, and for other purposes. LEWIS) that the House suspend the Cummings Johnson (IL) Pickering Davis (AL) Johnson, E. B. Platts H.R. 6456. An act to provide for extensions rules and concur in the Senate amend- Davis (CA) Jones (NC) Pomeroy of certain authorities of the Department of ment to the bill, H.R. 6532. Davis (IL) Kagen Porter State, and for other purposes.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K11SE7.042 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8046 CONGRESSIONAL RECORD — HOUSE September 11, 2008 SENATE ENROLLED BILLS SIGNED Snyder Thompson (CA) Waters b 1634 Solis Thompson (MS) Watson The Speaker announced her signa- Space Tierney Watt Mr. FOSTER changed his vote ‘‘yea’’ ture to enrolled bills of the Senate of Speier Towns Waxman to ‘‘nay.’’ the following titles: Spratt Tsongas Weiner So the motion was agreed to. Stark Van Hollen Welch (VT) The result of the vote was announced S. 2450. An act to amend the Federal Rules Stupak Vela´ zquez Wexler of Evidence to address the waiver of the at- Sutton Visclosky Wilson (OH) as above recorded. torney-client privilege and the work product Tanner Walz (MN) Woolsey Accordingly, (at 4 o’clock and 34 min- doctrine. Tauscher Wasserman Wu utes p.m.), under its previous order, the Taylor Schultz Yarmuth S. 2837. An act to designate the United House adjourned until Monday, Sep- States courthouse located at 225 Cadman NAYS—190 tember 15, 2008, at 12:30 p.m. for morn- Plaza East, Brooklyn, New York, as the ing-hour debate. ‘‘Theodore Roosevelt United States Court- Aderholt Franks (AZ) Musgrave Akin Frelinghuysen f house’’. Myrick Altmire Gallegly Neugebauer EXECUTIVE COMMUNICATIONS, f Bachmann Garrett (NJ) Nunes Bachus Gerlach Pearce ETC. Barrett (SC) Giffords Pence Under clause 8 of rule XII, executive ADJOURNMENT Bartlett (MD) Gilchrest Petri communications were taken from the Mr. HOYER. Madam Speaker, I move Biggert Gillibrand Pickering Bilbray Gingrey Speaker’s table and referred as follows: that the House do now adjourn. Platts Bilirakis Gohmert Porter 8257. A letter from the Administrator, De- Bishop (UT) Goode The SPEAKER pro tempore. The Price (GA) partment of Agriculture, transmitting the Blackburn Goodlatte question is on the motion to adjourn. Putnam Blunt Granger Department’s final rule — Domestic Dates Ramstad The question was taken; and the Boehner Graves Produced or Packed in Riverside County, CA; Regula Speaker pro tempore announced that Bonner Hayes Decreased Assessment Rate [Docket No. the ayes appeared to have it. Bono Mack Heller Rehberg AMS-FV-08-0056; FV08-987-1 IFR] received Reichert Mr. HOYER. Madam Speaker, on that Boozman Hensarling September 8, 2008, pursuant to 5 U.S.C. Boustany Herger Renzi 801(a)(1)(A); to the Committee on Agri- I demand the yeas and nays. Reynolds Broun (GA) Hobson culture. The yeas and nays were ordered. Brown (SC) Hoekstra Rogers (AL) 8258. A letter from the Administrator, De- The vote was taken by electronic de- Brown-Waite, Hunter Rogers (KY) Rogers (MI) partment of Agriculture, transmitting the Ginny Inglis (SC) Department’s final rule — Amendment of vice, and there were—yeas 208, nays Buchanan Issa Rohrabacher 190, not voting 35, as follows: Burgess Johnson (IL) Ros-Lehtinen General Regulations for Fruit, Vegetable and Nut Marketing Agreements and Marketing [Roll No. 588] Burton (IN) Johnson, Sam Roskam Buyer Jones (NC) Royce Orders; Addition of Supplemental Rules of YEAS—208 Calvert Jordan Ryan (WI) Practice for Amendatory Formal Rule- Abercrombie Edwards (MD) McCollum (MN) Camp (MI) Keller Sali making Proceedings [Docket No. AMS-FV- Ackerman Edwards (TX) McDermott Cannon King (IA) Saxton 08-0061; FV08-900-1 FR] received September 8, Allen Ellison McGovern Cantor Kingston Scalise 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Andrews Emanuel McIntyre Carney Kirk Sensenbrenner Committee on Agriculture. Carter Kline (MN) Arcuri Engel McNerney Sessions 8259. A letter from the Director, Regu- Baca Eshoo McNulty Castle Knollenberg Shadegg Baird Etheridge Meek (FL) Chabot Kucinich Shays latory Management Division, Environmental Baldwin Farr Meeks (NY) Childers Kuhl (NY) Shuster Protection Agency, transmitting the Agen- Barrow Fattah Melancon Coble Lamborn Simpson cy’s final rule — Control of Emissions from Bean Filner Michaud Cole (OK) Latham Smith (NE) Nonroad Spark-Ignition Engines and Equip- Becerra Frank (MA) Miller (NC) Conaway LaTourette Smith (NJ) ment [EPA-HQ-OAR-2004-0008; FRL-8712-8] Berkley Gonzalez Miller, George Crenshaw Latta Smith (TX) (RIN: 2060-AM34) received September 10, 2008, Berman Green, Al Mollohan Cubin Lewis (CA) Souder pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Berry Grijalva Moore (KS) Davis (KY) Lewis (KY) Stearns Davis, David Linder mittee on Energy and Commerce. Bishop (GA) Hall (NY) Moore (WI) Sullivan 8260. A letter from the Chairman, Federal Bishop (NY) Hare Moran (VA) Davis, Tom LoBiondo Tancredo Deal (GA) Loebsack Energy Regulatory Commission, transmit- Blumenauer Harman Murphy (CT) Terry Dent Lucas ting the Commission’s report on progress Boren Hastings (FL) Murphy, Patrick Thornberry Diaz-Balart, L. Lungren, Daniel made in licensing and constructing the Alas- Boswell Herseth Sandlin Murtha Tiahrt Diaz-Balart, M. E. Boucher Higgins Napolitano Tiberi ka Natural Gas Pipeline, pursuant to Section Donnelly Mack Boyd (FL) Hill Neal (MA) Turner 1810 of the Energy Policy Act of 2005; to the Boyda (KS) Hinchey Oberstar Doolittle Manzullo Udall (CO) Committee on Energy and Commerce. Brady (PA) Hinojosa Obey Drake Marchant Udall (NM) 8261. A letter from the Director, U.S. Cen- Braley (IA) Hirono Olver Dreier McCarthy (CA) Upton sus Bureau, Department of Commerce, trans- Brown, Corrine Hodes Pallone Duncan McCaul (TX) Walberg mitting the Department’s final rule — Cutoff Butterfield Holden Pascrell Ehlers McCotter Walden (OR) Capps Holt Pastor Ellsworth McCrery Dates for Recognition of Boundary Changes Capuano Honda Payne Emerson McHenry Walsh (NY) for the 2010 Census [Docket Number Cardoza Hooley Pomeroy English (PA) McHugh Wamp 080703821-8824-01] (RIN: 0607-AA47) received Carnahan Hoyer Price (NC) Everett McKeon Weldon (FL) August 19, 2008, pursuant to 5 U.S.C. Carson Inslee Rahall Fallin McMorris Weller 801(a)(1)(A); to the Committee on Oversight Castor Israel Rangel Ferguson Rodgers Westmoreland Whitfield (KY) and Government Reform. Cazayoux Jackson (IL) Reyes Flake Mica 8262. A letter from the White House Liai- Forbes Miller (FL) Wilson (SC) Chandler Jefferson Richardson son, Department of Education, Office of Leg- Clarke Johnson (GA) Rodriguez Fortenberry Miller (MI) Wittman (VA) Clay Johnson, E. B. Ross Fossella Miller, Gary Wolf islation and Congressional Affairs, transmit- Cleaver Kagen Rothman Foster Mitchell Young (AK) ting a report pursuant to the Federal Vacan- Clyburn Kanjorski Roybal-Allard Foxx Moran (KS) Young (FL) cies Reform Act of 1998; to the Committee on Cohen Kaptur Ruppersberger Oversight and Government Reform. Conyers Kennedy Ryan (OH) NOT VOTING—35 8263. A letter from the White House Liai- Cooper Kildee Salazar Alexander Hastings (WA) Paul son, Department of Education, Office of ´ Costa Kilpatrick Sanchez, Linda Barton (TX) Hulshof Perlmutter Management, transmitting a report pursuant Costello Kind T. Brady (TX) Jackson-Lee Peterson (MN) to the Federal Vacancies Reform Act of 1998; Courtney Klein (FL) Sanchez, Loretta Campbell (CA) (TX) Peterson (PA) to the Committee on Oversight and Govern- Cramer Langevin Sarbanes Capito King (NY) Pitts Crowley Larsen (WA) Schakowsky ment Reform. Culberson LaHood Poe 8264. A letter from the Acting Adminis- Cuellar Larson (CT) Schiff DeFazio Lampson Pryce (OH) Cummings Lewis (GA) Schwartz trator, Small Business Administration, Feeney Lee Radanovich transmitting a report pursuant to the Fed- Davis (AL) Lipinski Scott (GA) Gordon Levin Rush Davis (CA) Lofgren, Zoe Scott (VA) Green, Gene Murphy, Tim Schmidt eral Vacancies Reform Act of 1998; to the Davis (IL) Lowey Serrano Gutierrez Nadler Shimkus Committee on Oversight and Government Davis, Lincoln Lynch Sestak Hall (TX) Ortiz Wilson (NM) Reform. DeGette Mahoney (FL) Shea-Porter 8265. A letter from the Assistant Secretary Delahunt Maloney (NY) Sherman — Fish, Wildlife & Parks, Department of the DeLauro Markey Shuler ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Interior, transmitting the Department’s Dicks Marshall Sires The SPEAKER pro tempore (during Dingell Matheson Skelton final rule — 2008-2009 Refuge-Specific Hunt- Doggett Matsui Slaughter the vote). There are less than 2 min- ing and Sport Fishing Regulations (Addi- Doyle McCarthy (NY) Smith (WA) utes remaining on this vote. tions) [[FWS-R9-WSR-2008-0017] [93250-1261-

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A11SE7.025 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8047 0000-4A]] (RIN: 1018-AV20) received Sep- 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tember 8, 2008, pursuant to 5 U.S.C. tation and Infrastructure. mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Natural 8275. A letter from the Program Analyst, ture. Resources. Department of Transportation, transmitting 8284. A letter from the Program Analyst, 8266. A letter from the Chief, Branch of the Department’s final rule — Standard In- Department of Transportation, transmitting Listing, Department of the Interior, trans- strument Approach Procedures, and Takeoff the Department’s final rule — Airworthiness mitting the Department’s final rule — En- Minimums and Obstacle Departure Proce- Directives; Boeing Model 747-200C and -200F dangered and Threatened Wildlife and dures; Miscellaneous Amendments [Docket Series Airplanes [Docket No. FAA-2007-28924; Plants; Designation of Critical Habitat for No. 30601; Amdt. No. 3263] received August 19, Directorate Identifier 2007-NM-051-AD; Acanthomintha ilicifolia (San Diego 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Amendment 39-15305; AD 2007-26-03] (RIN: thornmint) [[FWS-R8-ES-2007-0007] [92210- Committee on Transportation and Infra- 2120-AA64) received August 19, 2008, pursuant 1117-0000-B4]] (RIN: 1018-AU86) received Sep- structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on tember 8, 2008, pursuant to 5 U.S.C. 8276. A letter from the Program Analyst, Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Natural Department of Transportation, transmitting 8285. A letter from the Program Analyst, Resources. the Department’s final rule — Establishment Department of Transportation, transmitting 8267. A letter from the Chief, FWS Endan- of Class D Airspace; New Braunfels, Texas the Department’s final rule — Airworthiness gered Species Listing Branch, Department of [Docket No. FAA-2007-29372; Airspace Docket Directives; General Electric Company (GE) the Interior, transmitting the Department’s No. 07-ASW-9] received August 19, 2008, pur- CF6-80C2B1 Turbofan Engine [Docket No. final rule — Endangered and Threatened suant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA-2007-0193; Directorate Identifier 2007- Wildlife and Plants; Designation of Critical mittee on Transportation and Infrastruc- NE-43-AD; Amendment 39-15273; AD 2007-24- Habitat for the Bay Checkerspot Butterfly ture. 07] (RIN: 2120-AA64) received August 19, 2008, ([Euphydryas editha bayensis) [FWS-R8-ES- 8277. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2008-0034; 92210-1117-0000-B4] (RIN: 1018-AV24) Department of Transportation, transmitting mittee on Transportation and Infrastruc- received September 8, 2008, pursuant to 5 the Department’s final rule — Amendment of ture. U.S.C. 801(a)(1)(A); to the Committee on Nat- Class E Airspace; Scottsboro, AL [Docket 8286. A letter from the Program Analyst, ural Resources. No. FAA-2007-28591; Airspace Docket No. 07- Department of Transportation, transmitting 8268. A letter from the Under Secretary and ASO-16] received August 19, 2008, pursuant to the Department’s final rule — Airworthiness Director, Department of Commerce, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; REIMS AVIATION S.A. Model mitting the Department’s final rule — Transportation and Infrastructure. F406 Airplanes [Docket No. FAA-2007-0115; Changes to Representation of Others Before 8278. A letter from the Program Analyst, Directorate Identifier 2007-CE-080-AD; The United States Patent and Trademark Of- Department of Transportation, transmitting Amendment 39-15310; AD 2007-26-08] (RIN: fice [Docket No.: PTO-C-2005-0013] (RIN: 0651- the Department’s final rule — Establishment 2120-AA64) received August 19, 2008, pursuant AB55) received September 9, 2008, pursuant of Class E5 Airspace; Tarkio, MO [Docket No. to 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA-2007-28869; Airspace Docket No. 07-ACE- Transportation and Infrastructure. 8287. A letter from the Program Analyst, the Judiciary. 11] received August 19, 2008, pursuant to 5 8269. A letter from the Principal Deputy U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting the Department’s final rule — Airworthiness Assistant Attorney General, Department of Transportation and Infrastructure. Directives; Piaggio Aero Industries S.p.A. Justice, transmitting a legislative proposal 8279. A letter from the Program Analyst, Model P-180 Airplanes [Docket No. FAA-2007- to implement international agreements con- Department of Transportation, transmitting 27532 Directorate Identifier 2007-CE-021-AD; cerning nuclear terrorism and nuclear mate- the Department’s final rule — Establishment Amendment 39-15281; AD 2007-24-15] (RIN: rials; to the Committee on the Judiciary. of Class E5 Airspace; Prairie Du Sac, WI 8270. A letter from the Principal Deputy [Docket No. FAA-2007-28778; Airspace Docket 2120-AA64) received August 19, 2008, pursuant Assistant Attorney General, Department of No. 07-AGL-6] received August 19, 2008, pur- to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. Justice, transmitting a legislative proposal suant to 5 U.S.C. 801(a)(1)(A); to the Com- 8288. A letter from the Program Analyst, to enhance the Federal government’s ability mittee on Transportation and Infrastruc- Department of Transportation, transmitting to prosecute individuals who seek and re- ture. the Department’s final rule — Airworthiness 8280. A letter from the Program Analyst, ceive military-type training from terrorist Directives; Boeing Model 767 Airplanes Department of Transportation, transmitting organizations or who receive military-type [Docket No. FAA-2007-29259; Directorate the Department’s final rule — Establishment training with the purpose of engaging in ter- Identifier 2007-NM-195-AD; Amendment 39- of Class E Airspace; Oil City, PA. [Docket rorist acts; to the Committee on the Judici- 15274; AD 2007-24-08] (RIN: 2120-AA64) received No. FAA-2007-0104; Airspace Docket No. 07- ary. August 19, 2008, pursuant to 5 U.S.C. 8271. A letter from the Program Analyst, AEA-10] received August 19, 2008, pursuant to 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. the Department’s final rule — IFR Altitudes; Transportation and Infrastructure. 8289. A letter from the Program Analyst, Miscellaneous Amendments [Docket No. 8281. A letter from the Program Analyst, Department of Transportation, transmitting 30606; Amdt. No. 474] received August 19, 2008, Department of Transportation, transmitting the Department’s final rule — Airworthiness pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Airworthiness Directives; Bombardier Model CL-600-2B19 mittee on Transportation and Infrastruc- Directives; Bombardier Model CL-600-1A11 (Regional Jet Series 100 & 440) Airplanes ture. (CL-600), CL-600-2A12 (CL-601), CL-600-2B16 [Docket No. FAA-2007-0047; Directorate Iden- 8272. A letter from the Program Analyst, (CL-601-3A, CL-601-3R, & CL-604 (Including tifier 2007-NM-197-AD; Amendment 39-15329; Department of Transportation, transmitting CL-605 Marketing Variant)) Airplanes, and AD 2008-01-04] (RIN: 2120-AA64) received Au- the Department’s final rule — Standard In- Model CL-600-2B19 (Regional Jet Series 100 & gust 19, 2008, pursuant to 5 U.S.C. strument Approach Procedures, and Takeoff 440) Airplanes [Docket No. FAA-2008-0408; Di- 801(a)(1)(A); to the Committee on Transpor- Minimums and Obstacle Departure Proce- rectorate Identifier 2008-NM-068-AD; Amend- tation and Infrastructure. dures; Miscellaneous Amendments [Docket ment 39-15458; AD 2008-08-06] (RIN: 2120-AA64) 8290. A letter from the Program Analyst, No. 30604; Amdt. No 3266 ] received August 19, received August 19, 2008, pursuant to 5 U.S.C. Department of Transportation, transmitting 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness Committee on Transportation and Infra- tation and Infrastructure. Directives; Boeing Model 737-600, -700, -700C, structure. 8282. A letter from the Program Analyst, -800, and -900 Series Airplanes [Docket No. 8273. A letter from the Program Analyst, Department of Transportation, transmitting FAA-2007-27740; Directorate Identifier 2006- Department of Transportation, transmitting the Department’s final rule — Airworthiness NM-290-AD; Amendment 39-15256; AD 2007-23- the Department’s final rule — Special Fed- Directives; Honeywell International Inc. 10] (RIN: 2120-AA64) received August 19, 2008, eral Aviation Regulation No. 108-Mitsubishi ATF3-6 and ATF3-6A Series Turbofan En- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- MU-2B Series Airplane Special Training, Ex- gines [Docket No. FAA-2007-29092; Direc- mittee on Transportation and Infrastruc- perience, and Operating Requirements; No- torate Identifier 2007-NE-30-AD; Amendment ture. tice of OMB Aproval for Information Collec- 39-15431; AD 2008-06-19] (RIN: 2120-AA64) re- 8291. A letter from the Program Analyst, tion [Docket No. FAA-2006-24981; Amendment ceived August 19, 2008, pursuant to 5 U.S.C. Department of Transportation, transmitting Nos. 61-119, 91-301, and 135-114] (RIN: 2120- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness AI82) received August 19, 2008, pursuant to 5 tation and Infrastructure. Directives; McDonnell Douglas Model DC-8- U.S.C. 801(a)(1)(A); to the Committee on 8283. A letter from the Program Analyst, 53, DC-8-55, DC-8F-54, and DC-8F-55 Air- Transportation and Infrastructure. Department of Transportation, transmitting planes; and Model DC-8-60, DC-8-60F, DC-8-70, 8274. A letter from the Program Analyst, the Department’s final rule — Airworthiness and DC-8-70F Series Airplanes [Docket No. Department of Transportation, transmitting Directives; Airbus Model A300 Series Air- FAA-2007-27777; Directorate Identifier 2006- the Department’s final rule — Robinson R-22/ planes, Model A300-600 Series Airplanes, and NM-265-AD; Amendment 39-15236; AD 2007-21- R-44 Special Training and Experience Re- Model A310 Series Airplanes [Docket No. 18] (RIN: 2120-AA64) received August 19, 2008, quirements [Docket No. FAA-2002-13744; FAA-2007-27982; Directorate Identifier 2007- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment No. 61-120] (RIN: 2120-AJ25) re- NM-009-AD; Amendment 39-15288; AD 2007-25- mittee on Transportation and Infrastruc- ceived August 19, 2008, pursuant to 5 U.S.C. 06] (RIN: 2120-AA64) received August 19, 2008, ture.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\L11SE7.000 H11SEPT1 rfrederick on PROD1PC67 with HOUSE H8048 CONGRESSIONAL RECORD — HOUSE September 11, 2008 8292. A letter from the Program Analyst, REPORTS OF COMMITTEES ON By Mr. FRANK of Massachusetts (for Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS himself and Mr. KING of New York): the Department’s final rule — Airworthiness H.R. 6870. A bill to ensure that implemen- Directives; British Aerospace Regional Air- Under clause 2 of rule XIII, reports of tation of proposed regulations under sub- craft Model HP.137 Jetstream Mk.1, Jet- committees were delivered to the Clerk chapter IV of chapter 53 of title 31, United stream Series 200, Jetstream Series 3101, and for printing and reference to the proper States Code, does not cause harm to the pay- Jetstream Model 3201 Airplanes [Docket No. calendar, as follows: ments system, and for other purposes; to the Committee on Financial Services. FAA-2007-28115 Directorate Identifier 2007- Mr. DINGELL: Committee on Energy and By Mrs. MALONEY of New York (for CE-045-AD; Amendment 39-15235; AD 2007-21- Commerce. H.R. 6357. A bill to amend the herself and Mr. FRANK of Massachu- 17] (RIN: 2120-AA64) received August 19, 2008, Public Health Service Act to promote the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- setts): adoption of health information technology, H.R. 6871. A bill to amend the Expedited mittee on Transportation and Infrastruc- and for other purposes; with an amendment ture. Funds Availability Act to provide a 1-time (Rept. 110–837, Pt. 1). Ordered to be printed. adjustment in certain dollar amounts to ac- 8293. A letter from the Program Analyst, Mr. RAHALL: Committee on Natural Re- count for inflation over the 21 years since Department of Transportation, transmitting sources. H.R. 6177. A bill to amend the Wild the enactment of such Act, to provide for fu- the Department’s final rule — Airworthiness and Scenic Rivers Act to modify the bound- ture adjustments of such amounts on a reg- Directives; Pilatus Aircraft Ltd. Models PC- ary of the Rio Grande Wild and Scenic River; ular basis, and for other purposes; to the 12, PC-12/45, and PC-12/47 Airplanes [Docket with an amendment (Rept. 110–838). Referred Committee on Financial Services. No. FAA-2007-29217; Directorate Identifier to the Committee of the Whole House on the By Mr. GOODLATTE (for himself and 2007-CE-075-AD; Amendment 39-15229; AD State of the Union. Mr. TOM DAVIS of Virginia): 2007-21-11] (RIN: 2120-AA64) received August Mr. RAHALL: Committee on Natural Re- H.R. 6872. A bill to amend title 44, United 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to sources. H.R. 5853. A bill to expand the States Code, to authorize grants for Presi- the Committee on Transportation and Infra- boundary of the Minute Man National His- dential Centers of Historical Excellence; to structure. torical Park in the Commonwealth of Massa- the Committee on Oversight and Govern- chusetts to include Barrett’s Farm, and for ment Reform. 8294. A letter from the Program Analyst, other purposes (Rept. 110–839). Referred to By Mr. VAN HOLLEN (for himself, Mr. Department of Transportation, transmitting the Committee of the Whole House on the RAMSTAD, and Mr. HINCHEY): the Department’s final rule — Airworthiness State of the Union. H.R. 6873. A bill to delay any application of Directives; Stemme GmbH & Co. KG Model Mr. RAHALL: Committee on Natural Re- the phase out of the Medicare hospice budget S10-VT Gliders [Docket No. FAA-2007-28958; sources. H.R. 5335. A bill to amend the Na- neutrality adjustment factor during fiscal Directorate Identifier 2007-CE-070-AD; tional Trails System Act to provide for the year 2009; to the Committee on Ways and Amendment 39-15227; AD 2007-21-09] (RIN: inclusion of new trail segments, land compo- Means. 2120-AA64) received August 19, 2008, pursuant nents, and campgrounds associated with the By Mr. MCGOVERN (for himself, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on Trail of Tears National Historical Trail, and MARKEY, Mr. CAPUANO, Mr. OLVER, Transportation and Infrastructure. for other purposes; with an amendment Mr. LANGEVIN, Mr. LYNCH, Ms. TSON- 8295. A letter from the Program Analyst, (Rept. 110–840). Referred to the Committee of GAS, Mr. FRANK of Massachusetts, Department of Transportation, transmitting the Whole House on the State of the Union. Mr. TIERNEY, Mr. DELAHUNT, and Mr. the Department’s final rule — Airworthiness Mr. RAHALL: Committee on Natural Re- NEAL of Massachusetts): Directives; International Aero Engines (IAE) sources. H.R. 1847. A bill to amend the Na- H.R. 6874. A bill to designate the facility of V2500 Series Turbofan Engines [Docket No. tional Trails System Act to clarify Federal the United States Postal Service located at FAA-2005-23500; Directorate Identifier 2005- authority relating to land acquisition from 156 Taunton Avenue in Seekonk, Massachu- NE-46-AD; Amendment 39-15223; AD 2007-21- willing sellers for the majority of the trails setts, as the ‘‘Lance Corporal Eric Paul 05] (RIN: 2120-AA64) received August 19, 2008, in the System, and for other purposes; with Valdepenas Post Office Building’’; to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- an amendment (Rept. 110–841). Referred to Committee on Oversight and Government mittee on Transportation and Infrastruc- the Committee of the Whole House on the Reform. ture. State of the Union. By Mr. KUCINICH (for himself, Mr. CAPUANO, Mrs. CHRISTENSEN, Mr. 8296. A letter from the Program Analyst, Mr. BRADY of Pennsylvania: Committee on House Administration. H.R. 6627. A bill to CLAY, Mr. CONYERS, Mr. CUMMINGS, Department of Transportation, transmitting Mr. DAVIS of Illinois, Mr. ELLISON, the Department’s final rule — Modification authorize the Board of Regents of the Smith- sonian Institution to carry out certain con- Mr. FATTAH, Mr. KENNEDY, Ms. KIL- of Class E Airspace; Staunton, VA [Docket PATRICK, Ms. MCCOLLUM of Min- No. FAA-2008-0170; Airspace Docket No. 08- struction projects, and for other purposes (Rept. 110–842, Pt. 1). Ordered to be printed. nesota, Ms. NORTON, Mr. PAYNE, Ms. AEA-16] received August 19, 2008, pursuant to SCHAKOWSKY, Mr. STARK, Ms. WA- DISCHARGE OF COMMITTEE 5 U.S.C. 801(a)(1)(A); to the Committee on TERS, Ms. WATSON, and Ms. WOOL- Transportation and Infrastructure. Pursuant to clause 2 of rule XII the SEY): 8297. A letter from the Program Analyst, Committee on Science and Technology H.R. 6875. A bill to abolish the death pen- Department of Transportation, transmitting discharged from further consideration. alty under Federal law; to the Committee on the Department’s final rule — Proposed Es- H.R. 6357 referred to the Committee of the Judiciary, and in addition to the Com- tablishment of Class E5 Airspace; Indianap- the Whole House on the State of the mittee on Armed Services, for a period to be subsequently determined by the Speaker, in olis, IN [Docket No. FAA-2008-026; Airspace Union. Docket No. 08-AGL-2] received August 19, each case for consideration of such provi- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the f sions as fall within the jurisdiction of the Committee on Transportation and Infra- TIME LIMITATION OF REFERRED committee concerned. structure. By Mr. KAGEN: BILL H.R. 6876. A bill to amend the Internal Rev- 8298. A letter from the Program Analyst, Pursuant to clause 2 of rule XII the enue Code of 1986 to increase the credit Department of Transportation, transmitting following action was taken by the amount for new qualified fuel cell motor ve- the Department’s final rule — Revision of Speaker: hicles with gross vehicle weight ratings of Class E Airspace; Deadhorse, AK [Docket No. more than 26,000 pounds; to the Committee FAA-2008-0171; Airspace Docket No. 08-AAL- H.R. 6357. Referral to the Committee on on Ways and Means. 5] received August 19, 2008, pursuant to 5 Ways and Means extended for a period ending By Ms. BALDWIN (for herself, Mr. INS- U.S.C. 801(a)(1)(A); to the Committee on not later than September 19, 2008. LEE, and Mr. HOLT): Transportation and Infrastructure. f H.R. 6877. A bill to provide for the creation of a Federal greenhouse gas registry, and for 8299. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS Department of Transportation, transmitting other purposes; to the Committee on Energy the Department’s final rule — Establishment Under clause 2 of rule XII, public and Commerce. of Class E Airspace; Vinalhaven, ME. [Dock- bills and resolutions of the following By Ms. BERKLEY (for herself and Mr. et No. FAA-2008-0061; Airspace Docket No. 08- titles were introduced and severally re- DAVIS of Alabama): H.R. 6878. A bill to amend title XVIII of the ANE-92] received August 19, 2008, pursuant to ferred, as follows: Social Security Act to modify the designa- 5 U.S.C. 801(a)(1)(A); to the Committee on By Ms. LORETTA SANCHEZ of Cali- tion of accreditation organizations for pros- Transportation and Infrastructure. fornia (for herself and Mr. THOMPSON thetic devices and orthotics and prosthetics, 8300. A letter from the Secretary, Depart- of Mississippi): to apply accreditation and licensure require- ment of Labor, transmitting the Depart- H.R. 6869. A bill to require the Secretary of ments to such devices and items for purposes ment’s report entitled, ‘‘2007 Findings on the Homeland Security to issue a rule with re- of payment under the Medicare program, and Worst Forms of Child Labor,’’ pursuant to 19 spect to border security searches of elec- to modify the payment methodology for such U.S.C. 2464; to the Committee on Ways and tronic devices, and for other purposes; to the devices and items under such program to ac- Means. Committee on Homeland Security. count for practitioner qualifications and

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\L11SE7.000 H11SEPT1 rfrederick on PROD1PC67 with HOUSE September 11, 2008 CONGRESSIONAL RECORD — HOUSE H8049 complexity of care; to the Committee on En- other purposes; to the Committee on Energy the employees of the Department of Home- ergy and Commerce, and in addition to the and Commerce, and in addition to the Com- land Security, their partners at all levels of Committee on Ways and Means, for a period mittees on Natural Resources, and Transpor- government, and the millions of emergency to be subsequently determined by the Speak- tation and Infrastructure, for a period to be response providers and law enforcement er, in each case for consideration of such pro- subsequently determined by the Speaker, in agents nationwide should be commended for visions as fall within the jurisdiction of the each case for consideration of such provi- their dedicated service on the Nation’s front committee concerned. sions as fall within the jurisdiction of the lines in the war against acts of terrorism; to By Mr. CARNEY: committee concerned. the Committee on Homeland Security. H.R. 6879. A bill to amend Public Law 100- By Mr. GOHMERT (for himself, Mr. By Mr. LOEBSACK (for himself and 573 to extend the authorization of the Dela- CONYERS, Mr. SMITH of Texas, and Mr. PLATTS): ware Water Gap National Recreation Area Mr. SCOTT of Virginia): H. Res. 1430. A resolution expressing sup- Citizen Advisory Commission; to the Com- H. Con. Res. 410. Concurrent resolution rec- port for the goals of the National Step Up mittee on Natural Resources. ognizing the FBI on their 100th anniversary; For Kids Day by promoting national aware- By Mr. CAZAYOUX: to the Committee on the Judiciary. ness of the needs of the children, youth, and H.R. 6880. A bill to amend the Internal Rev- By Mr. REICHERT (for himself, Ms. families of the United States, celebrating enue Code of 1986 to allow an individual a BORDALLO, Mr. RAMSTAD, Mr. DOYLE, children, and expressing the need to make credit against income tax for uncompensated Mr. HOLDEN, Mr. SMITH of New Jer- their future and well-being a national pri- losses from damage to such individual’s prin- sey, Mr. EHLERS, Ms. PRYCE of Ohio, ority; to the Committee on Education and cipal residence by reason of Hurricane Gus- Mr. POE, Mr. PETRI, Mr. GERLACH, Labor. tav to the extent such losses are uncompen- Mrs. MCMORRIS RODGERS, Mr. BRADY By Mr. STEARNS: sated by reason of the deductible on the indi- of Pennsylvania, Mr. KAGEN, Mr. H. Res. 1431. A resolution expressing the vidual’s homeowner’s insurance; to the Com- KIRK, and Mr. SHAYS): sense of the House of Representatives that H. Con. Res. 411. Concurrent resolution mittee on Ways and Means. the Department of Defense and the Depart- By Mr. FORTENBERRY: raising the awareness of the need for crime prevention in communities across the coun- ment of State should withhold funds for any H.R. 6881. A bill to provide for audits of new reconstruction projects in Iraq until the programs, projects, and activities funded try and expressing support for designation of the week of October 2, 2008, through October Iraqi Government reimburses the United through earmarks; to the Committee on States for previous reconstruction projects, Oversight and Government Reform. 4, 2008, as ‘‘Celebrate Safe Cumminities’’ Week; to the Committee on the Judiciary. and for other purposes; to the Committee on By Mr. GOHMERT: Foreign Affairs, and in addition to the Com- H.R. 6882. A bill to authorize the National By Mr. TIBERI: H. Con. Res. 412. Concurrent resolution mittee on Armed Services, for a period to be Science Foundation to award a monetary honoring and recognizing the life and accom- subsequently determined by the Speaker, in prize for achievement in electricity storage; plishments of Jack Hanna; to the Committee each case for consideration of such provi- to the Committee on Science and Tech- on Oversight and Government Reform. sions as fall within the jurisdiction of the nology. By Mrs. BLACKBURN (for herself, Mr. committee concerned. By Mr. HINCHEY (for himself, Mr. CONYERS, Mr. COHEN, Mr. COBLE, Mr. BISHOP of New York, Mr. RANGEL, f RANGEL, Mr. ISSA, Mr. LEWIS of Geor- Mrs. LOWEY, Mrs. MCCARTHY of New gia, Ms. CORRINE BROWN of Florida, PRIVATE BILLS AND York, Mr. ISRAEL, Mrs. MALONEY of Mr. PICKERING, Mr. CHILDERS, Mr. RESOLUTIONS New York, Mr. NADLER, and Mr. TOWNS, Mr. GRIJALVA, Mrs. MALONEY MCGOVERN): Under clause 3 of rule XII, of New York, Ms. LEE, Mr. MCGOV- H.R. 6883. A bill to establish a commission Mr. PASTOR introduced a bill (H.R. 6888) ERN, Mr. MEEKS of New York, Mr. to study the establishment of the National for the relief of Alfredo Ramirez Vasquez; HASTINGS of Florida, Mr. ROGERS of Museum of the American People in Wash- which was referred to the Committee on the Michigan, Mrs. CHRISTENSEN, Mr. ington, DC, and for other purposes; to the Judiciary. PAYNE, and Mr. FATTAH): Committee on Natural Resources. H. Res. 1425. A resolution honoring the life f AN By Ms. MATSUI (for herself, Mr. V and music of the late Isaac Hayes, a pas- HOLLEN, Mr. BISHOP of Georgia, Mr. sionate humanitarian, whose music laid the ADDITIONAL SPONSORS DOOLITTLE, Mr. ETHERIDGE, Mr. foundation for many musical styles, includ- Under clause 7 of rule XII, sponsors RAMSTAD, Mr. STARK, Mrs. EMERSON, ing R&B, disco, and rap; to the Committee were added to public bills and resolu- Mr. ALTMIRE, Mr. WAXMAN, Mr. KING on the Judiciary. tions as follows: of New York, Ms. SCHAKOWSKY, Ms. By Mr. MCCOTTER (for himself, Mr. H.R. 74: Mr. CUMMINGS and Mr. SARBANES. BORDALLO, Ms. DEGETTE, Mr. MCGOV- BOUSTANY, Mr. BROWN of South Caro- H.R. 87: Mr. SHAYS. ERN, and Mr. MCDERMOTT): lina, Mr. BURTON of Indiana, Mr. H.R. 6884. A bill to amend the Public H.R. 736: Mrs. CUBIN. FORTUN˜ O, Mr. KING of New York, Mr. Health Service Act to provide for the estab- H.R. 992: Mr. FILNER. LAMBORN, and Mr. LINDER): lishment of a National Acquired Bone Mar- H. Res. 1427. A resolution congratulating H.R. 1117: Mr. MEEKS of New York. row Failure Disease Registry, to authorize General David Howell Petraeus on being ap- H.R. 1178: Mr. COURTNEY. research on acquired bone marrow failure pointed Commander of the United States H.R. 1246: Mr. SCOTT of Virginia. diseases, and for other purposes; to the Com- Central Command, and for other purposes; to H.R. 1283: Mr. PETRI. mittee on Energy and Commerce. the Committee on Armed Services. H.R. 1303: Mr. HOEKSTRA. By Mr. MCHUGH (for himself, Mr. KUHL By Mr. BOSWELL (for himself, Mr. H.R. 1363: Ms. BORDALLO. of New York, Mr. REYNOLDS, Mr. SAM JOHNSON of Texas, Mr. LATHAM, H.R. 1419: Mr. ROSS. WALSH of New York, and Mr. NUNES): Mr. LOEBSACK, Mr. KING of , Mrs. H.R. 1552: Mr. ROHRABACHER and Mr. H.R. 6885. A bill to amend the Immigration MALONEY of New York, Mr. BACA, Mr. MCCAUL of Texas. and Nationality Act to provide a special rule HARE, Mr. TERRY, Ms. MCCOLLUM of H.R. 1621: Mr. LATHAM. CHIFF ROWLEY for the period of admission of H-2A non- Minnesota, Ms. BORDALLO, Mr. WALZ H.R. 1665: Mr. S and Mr. C . H.R. 1738: Mr. BOUSTANY and Mr. NADLER. immigrants employed as dairy workers and of Minnesota, Ms. JACKSON-LEE of H.R. 1776: Mr. BARROW. sheepherders, and for other purposes; to the Texas, Mr. MCGOVERN, and Mr. H.R. 1801: Mr. MOORE of Kansas, Ms. LINDA Committee on the Judiciary, and in addition BRALEY of Iowa): ´ to the Committee on Education and Labor, H. Res. 1428. A resolution congratulating T. SANCHEZ of California, Ms. SUTTON, Mr. for a period to be subsequently determined Nastia Liukin, Shawn Johnson, Chellsie ANDREWS, and Mr. HARE. by the Speaker, in each case for consider- Memmel, Samantha Peszek, Alicia H.R. 1820: Ms. SOLIS, Mrs. BONO MACK, Mr. ation of such provisions as fall within the ju- Sacramone, and Bridget Sloan of the United HARE, Mr. MORAN of Virginia, Ms. SPEIER, risdiction of the committee concerned. States Women’s Gymnastics team for their and Ms. TSONGAS. By Mrs. MYRICK: outstanding performances and representa- H.R. 1866: Ms. EDDIE BERNICE JOHNSON of H.R. 6886. A bill to deny certain Federal tion of the United States during the 2008 Texas. funds to any institution of higher education Olympics in Beijing, China; to the Com- H.R. 1919: Mr. LARSEN of Washington. that admits as students aliens who are un- mittee on Oversight and Government Re- H.R. 1927: Mr. SHULER. lawfully present in the United States; to the form. H.R. 2169: Mr. LARSON of Connecticut. Committee on Education and Labor. By Ms. CLARKE (for herself, Mr. H.R. 2210: Mr. CLEAVER. By Mr. SHADEGG: THOMPSON of Mississippi, Mr. CAR- H.R. 2221: Mr. EMANUEL, Mr. SCOTT of Vir- H.R. 6887. A bill to authorize the President NEY, Mr. LANGEVIN, Ms. HARMAN, Ms. ginia, Ms. DELAURO, and Mr. HARE. or a designee of the President to waive any JACKSON-LEE of Texas, Mr. KING of H.R. 2231: Mr. MILLER of North Carolina. legal requirement under any provision of New York, Mr. REICHERT, Mr. DENT, H.R. 2472: Mr. BRALEY of Iowa. Federal law otherwise applicable to a cov- Mrs. MILLER of Michigan, and Ms. H.R. 2840: Mr. MCGOVERN. ered energy project as the President or such LORETTA SANCHEZ of California): H.R. 3174: Mr. WEXLER. designee determines necessary to ensure ex- H. Res. 1429. A resolution expressing the H.R. 3283: Mr. CHANDLER, Mr. BOUCHER, and peditious conduct of such project, and for sense of the House of Representatives that Ms. BERKLEY.

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H.R. 3326: Mr. KUCINICH, Mr. SMITH of H.R. 6676: Mr. MCGOVERN. H. Res. 1375: Ms. BORDALLO. Washington, Ms. SPEIER, Mr. HARE, H.R. 6691: Mr. MICA, Mr. GERLACH, Mr. LIN- H. Res. 1377: Mr. FILNER. Mr. VAN HOLLEN and Ms. TSONGAS. COLN DIAZ-BALART of Florida, Mr. MARIO H. Res. 1386: Mr. MARCHANT and Mr. WOLF. H.R. 3334: Mr. PRICE of North Carolina. DIAZ-BALART of Florida, and Mrs. WILSON of H. Res. 1392: Mrs. BACHMANN, Ms. PRYCE of H.R. 3407: Mr. LIPINSKI. New Mexico. Ohio, Ms. GINNY BROWN-WAITE of Florida, H.R. 3895: Mr. HASTINGS of Florida. H.R. 6696: Mr. COHEN. Ms. BORDALLO, and Mr. ALLEN. H.R. 4048: Mr. CARSON. H.R. 6725: Mr. MCNULTY, Mr. PORTER, Mrs. H. Res. 1397: Ms. BORDALLO, Mr. LEWIS of H.R. 4133: Mr. BURGESS and Mr. TERRY. TAUSCHER, and Mr. WITTMAN of Virginia. Georgia, Mr. GRIJALVA, Mrs. BOYDA of Kan- H.R. 4218: Ms. SCHAKOWSKY, Mr. MOORE of H.R. 6728: Mr. MEEK of Florida, Mr. LIN- sas, and Mr. MCGOVERN. Kansas, and Mr. BISHOP of New York. COLN DIAZ-BALART of Florida, and Mr. MICA. H. Res. 1411: Ms. BORDALLO, Mr. MCGOVERN, H.R. 4651: Mr. BISHOP of New York. H.R. 6734: Mr. DELAHUNT. Ms. MATSUI, and Mr. STEARNS. H.R. 4836: Mr. ALLEN. H.R. 6749: Ms. LEE and Mr. MOORE of Kan- H. Res. 1414: Mr. GALLEGLY, Mr. SMITH of H.R. 5463: Mr. BARRETT of South Carolina. sas. New Jersey, Mr. BOUSTANY, Mr. HINCHEY, Mr. H.R. 5469: Ms. TSONGAS. H.R. 6763: Mr. SKELTON and Mr. ALTMIRE. KIRK, and Mr. KAGEN. H.R. 5510: Mr. PERLMUTTER. H.R. 6780: Mr. PAYNE. H. Res. 1420: Mr. BOEHNER. H.R. 5585: Mr. UPTON, Mr. FRANK of Massa- H.R. 6783: Mr. BILBRAY. H. Res. 1421: Mr. WATT, Mr. COBLE, Mr. chusetts, and Mr. BISHOP of Georgia. H.R. 6786: Mr. BOREN, Mr. COLE of Okla- ETHERIDGE, Mrs. MYRICK, Mr. HAYES, Mr. H.R. 5591: Mr. MARIO DIAZ-BALART of Flor- homa, Ms. FALLIN, and Mr. LUCAS. PRICE of North Carolina, Ms. FOXX, Mr. ida. H.R. 6789: Mr. BURTON of Indiana. MCINTYRE, Ms. BORDALLO, Mr. CONAWAY, Mr. H.R. 5734: Mr. LATOURETTE, Ms. WATERS, H.R. 6809: Mr. PORTER, Mr. WALZ of Min- GOODE, Mr. BAIRD, Mr. GILCHREST, Mr. UDALL Mr. MORAN of Virginia, Ms. BERKLEY, and nesota, and Mrs. GILLIBRAND. of Colorado, Mr. PEARCE, Mr. LOEBSACK, Mr. Mr. BRALEY of Iowa. H.R. 6844: Mr. ENGLISH of Pennsylvania. HUNTER, Mrs. MCMORRIS RODGERS, Mr. SNY- H.R. 5793: Mr. BARRETT of South Carolina, H.R. 6849: Mr. HOLDEN, Mr. HAYES, Mr. DER, Mr. BARTLETT of Maryland, Mr. WILSON Mr. RAHALL, Mr. CLAY, and Mrs. WILSON of SHULER, Mr. BISHOP of Georgia, Mrs. of South Carolina, Mr. TAYLOR, Mr. MILLER New Mexico. GILLIBRAND, Mr. MCINTYRE, Mr. of Florida, Mr. TIAHRT, and Mr. WITTMAN of H.R. 5901: Ms. WATERS, Ms. BORDALLO, and BUTTERFIELD, Mr. CHILDERS, Mr. JOHNSON of Virginia. Mr. DAVIS of Illinois. Illinois, Mr. WALZ of Minnesota, Mr. H.R. 5923: Mr. BARRETT of South Carolina. MAHONEY of Florida, Mr. BOSWELL, Mrs. f H.R. 5935: Mr. MCGOVERN. BOYDA of Kansas, Mr. KUHL of New York, Mr. H.R. 5942: Mr. MILLER of North Carolina. KAGEN, and Mr. BARROW. PETITIONS, ETC. H.R. 5946: Mr. BERMAN. H.R. 6864: Mr. LOBIONDO, Mr. SAM JOHNSON Under clause 3 of rule XII, H.R. 5950: Mr. HONDA. of Texas, Mr. BUCHANAN, Mr. GALLEGLY, Mr. 307. The SPEAKER presented a petition of H.R. 5951: Mr. LOEBSACK. BROUN of Georgia, Mr. SOUDER, Mrs. DRAKE, Mr. DENNIS J. KUCINICH, Member of Congress, H.R. 5954: Ms. ROS-LEHTINEN. Mr. WALDEN of Oregon, Mr. STEARNS, and relative to the impeachment of the Presi- H.R. 5979: Mr. BOREN. Mrs. MUSGRAVE. H.R. 6056: Ms. SCHAKOWSKY, Mr. MORAN of H.J. Res. 79: Ms. JACKSON-LEE of Texas. dent, pursuant to the Constitution of the Virginia, and Mr. WILSON of Ohio. H. Con. Res. 342: Mr. MARCHANT. United States; which was referred to the H.R. 6066: Mrs. MCCARTHY of New York, Mr. H. Con. Res. 362: Mr. LATTA. Committee on the Judiciary. HONDA, and Ms. WOOLSEY. H. Con. Res. 378: Mr. HELLER, Mr. MCGOV- f H.R. 6104: Mr. HINCHEY, Mr. CHANDLER, Mr. ERN, Mrs. BLACKBURN, Mr. SCOTT of Virginia, WILSON of Ohio, Mr. STARK, and Mr. PRICE of Mr. DEAL of Georgia, Mrs. BOYDA of Kansas, DISCHARGE PETITIONS North Carolina. and Ms. ESHOO. H.R. 6110: Mrs. BLACKBURN and Mr. BUR- H. Con. Res. 388: Mr. HOYER and Mr. MAR- Under clause 2 of rule XV, the fol- GESS. SHALL. lowing discharge petition was filed: H.R. 6256: Ms. GIFFORDS. H. Con. Res. 393: Mr. BARTON of Texas and Petition 17, September 11, 2008, by Mr. H.R. 6268: Mr. FILNER and Mr. STARK. Mr. ALLEN. CHRIS CANNON on the bill (H.R. 6211), was H.R. 6280: Mr. FEENEY. H. Con. Res. 405: Mr. PRICE of North Caro- signed by the following Members: Chris Can- H.R. 6293: Mr. HINOJOSA. lina. non, , David Dreier, Paul C. H.R. 6297: Mr. BLUMENAUER. H. Res. 101: Mr. PASTOR. Broun, Nathan Deal, Jack Kingston, Phil H.R. 6375: Mr. BERMAN. H. Res. 671: Mr. FARR, Ms. SUTTON, and Mr. English, Elton Gallegly, Joe Wilson, Judy H.R. 6408: Mr. FARR and Mrs. CAPPS. HIGGINS. Biggert, Mary Fallin, Ron Lewis, Bill Sali, H.R. 6461: Mr. MURTHA and Mrs. MCCARTHY H. Res. 758: Mr. BOOZMAN. Henry E. Brown, Jr., K. Michael Conaway, of New York. H. Res. 985: Mr. FEENEY. Louie Gohmert, Michael T. McCaul. H.R. 6473: Mr. LARSON of Connecticut. H. Res. 988: Mr. PICKERING, Mr. MCGOVERN, Petition 18, September 11, 2008, by Mr. H.R. 6485: Mr. COSTELLO, Mr. Ms. SUTTON, Mr. NADLER, Ms. BEAN, Mrs. STEVAN PEARCE on the bill (H.R. 5868), RUPPERSBERGER, Ms. EDDIE BERNICE JOHNSON BONO MACK, Mr. COHEN, Ms. BERKLEY, and was signed by the following Members: Stevan of Texas, Mr. HOLT, Mr. SNYDER, Mr. MCIN- Ms. BORDALLO. Pearce, Duncan Hunter. TYRE, Mr. ALTMIRE, and Mr. SPACE. H. Res. 1042: Mr. COURTNEY, Mr. PORTER, H.R. 6527: Mr. LATTA. Mr. MACK, Ms. DELAURO, and Mr. GORDON. f H.R. 6553: Mr. SALAZAR and Ms. DEGETTE. H. Res. 1064: Mr. DELAHUNT. H.R. 6566: Mr. LATHAM, Mr. LAHOOD, and H. Res. 1328: Ms. SUTTON and Mr. BISHOP of DISCHARGE PETITIONS— Mr. GALLEGLY. New York. ADDITIONS OR DELETIONS H.R. 6567: Mr. BLUMENAUER. H. Res. 1333: Mr. CAPUANO, Mr. DELAHUNT, The following Members added their H.R. 6570: Mr. WEXLER, Mr. KIND, and Mr. Mr. NEAL of Massachusetts, Mr. COHEN, Mr. names to the following discharge peti- LOEBSACK. LOEBSACK, Mr. JOHNSON of Georgia, Mr. H.R. 6581: Ms. ROS-LEHTINEN. YARMUTH, Ms. WASSERMAN SCHULTZ, Mr. tions: H.R. 6587: Mr. LAHOOD. LEVIN, Mr. KAGEN, Ms. DELAURO, and Ms. Petition 6 by Mr. BOUSTANY on House H.R. 6594: Ms. WOOLSEY, Ms. HARMAN, Mr. RICHARDSON. Resolution 1025: Marilyn N. Musgrave. HIGGINS, Mr. MILLER of North Carolina, Mr. H. Res. 1335: Mr. HALL of New York, Ms. Petition 12 by Mr. ROSKAM on the bill SHULER, and Mr. ETHERIDGE. MOORE of Wisconsin, and Mr. FILNER. (H.R. 2208): Ginny Brown-Waite. H.R. 6645: Ms. JACKSON-LEE of Texas. H. Res. 1338: Mr. FILNER, Ms. JACKSON-LEE Petition 15 by Mrs. BACHMANN on the bill H.R. 6646: Mr. LAMBORN and Mr. ANDREWS. of Texas, and Mr. HINCHEY. (H.R. 6107): Ginny Brown-Waite. H.R. 6654: Mr. MARKEY and Ms. SHEA-POR- H. Res. 1352: Mr. MEEKS of New York and Petition 16 by Mr. PORTER on the bill TER. Mrs. MCCARTHY of New York. (H.R. 6108): Ginny Brown-Waite.

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Vol. 154 WASHINGTON, THURSDAY, SEPTEMBER 11, 2008 No. 144 Senate The Senate met at 10:30 a.m. and was The assistant legislative clerk read RECOGNITION OF THE MINORITY called to order by the Honorable MARK the following letter: LEADER L. PRYOR, a Senator from the State of U.S. SENATE, The ACTING PRESIDENT pro tem- Arkansas. PRESIDENT PRO TEMPORE, pore. The Republican leader is recog- Washington, DC, September 11, 2008. nized. PRAYER To the Senate: The PRESIDING OFFICER. Today’s Under the provisions of rule I, paragraph 3, f prayer will be offered by Father Daniel of the Standing Rules of the Senate, I hereby Coughlin, Chaplain of the U.S. House of appoint the Honorable MARK L. PRYOR, a Senator from the State of Arkansas, to per- Representatives. SEVENTH ANNIVERSARY OF SEP- form the duties of the Chair. TEMBER 11, 2001, TERRORIST AT- The guest Chaplain offered the fol- ROBERT C. BYRD, lowing prayer: President pro tempore. TACKS Let us pray. Mr. PRYOR thereupon assumed the Mr. MCCONNELL. Mr. President, the Lord God, Creator of all and Savior chair as Acting President pro tempore. horror of September 11, 2001, is still of those who put their trust in You, in very fresh in our minds. This day will this era of post-9/11, we pray that the f always be a sad one for Americans. children of this generation and their RESERVATION OF LEADER TIME It also has become a day of solemn children’s children may never experi- The ACTING PRESIDENT pro tem- pride as we remember the tremendous ence another day like the one that is heroism and self-sacrifice of so many commemorated in various ceremonies pore. Under the previous order, the leadership time is reserved. in New York, at the Pentagon, and on across the Nation today. Protect and a plane over Shanksville, PA. guide this Nation to a new security f Later this morning, the Senate will built upon human integrity and com- take time to remember, and it is fit- munal solidarity and the love of human RECOGNITION OF THE ACTING MAJORITY LEADER ting that we do so. It is fitting that we freedom and human dignity. Empower should pause as a body and as a nation The ACTING PRESIDENT pro tem- the Senate of the United States and to remember the victims and their pore. The acting Democratic leader is governments around the world to es- families, as well as the heroes, and to recognized. tablish just laws and seek the common remind ourselves of the dangers we good that will lead to ways of equity f still face. and peace. Let our children dream Mr. President, I yield the floor. dreams, equip themselves with the best SCHEDULE education possible, and become the cre- Mr. BROWN. Mr. President, following f ative leaders of tomorrow, because leader remarks, there will be a period they are attuned to Your holy will and of morning business with Senators per- give You glory now and forever. mitted to speak for up to 10 minutes MORNING BUSINESS Amen. each, with the Republicans controlling The ACTING PRESIDENT pro tem- f the first 30 minutes, and the majority pore. Under the previous order, there PLEDGE OF ALLEGIANCE controlling the next 30 minutes. Fol- will now be a period for the transaction lowing morning business, the Senate of morning business for up to 1 hour, The Honorable MARK L. PRYOR led will resume consideration of S. 3001, with Senators permitted to speak the Pledge of Allegiance, as follows: the Department of Defense Authoriza- therein for up to 10 minutes each, with I pledge allegiance to the Flag of the tion Act. the time equally divided and controlled United States of America and to the Repub- lic for which it stands, one nation under God, Today, there are a number of events between the two leaders or their des- indivisible, with liberty and justice for all. to commemorate the seventh anniver- ignees, and with the Republicans con- trolling the first half of the time and f sary of the attacks of September 11, 2001. There will be a bipartisan, bi- the majority the second half. APPOINTMENT OF ACTING cameral congressional ceremony at The Senator from Missouri is recog- PRESIDENT PRO TEMPORE 11:45 on the west front steps of the U.S. nized. The PRESIDING OFFICER. The Capitol and there will be a moment of Mr. BOND. I ask unanimous consent clerk will please read a communication silence at 12:30 p.m. in the Senate that I be recognized for 15 minutes and to the Senate from the President pro Chamber. that I be advised when 13 minutes of tempore (Mr. BYRD). I yield the floor. that time has expired.

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

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VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.000 S11SEPT1 smartinez on PROD1PC64 with SENATE S8330 CONGRESSIONAL RECORD — SENATE September 11, 2008 The ACTING PRESIDENT pro tem- isolated incident but a carefully Since September 11, 2001, 19 attacks pore. Without objection, it is so or- planned operation that was part of al- have been thwarted in various stages of dered. Qaida’s war on America. Bin Laden had preparation. This chart is difficult to (The remarks of Mr. BOND pertaining already declared war on America pub- read, but the red lines across it indi- to the submission of S. Res. 655 are lo- licly. It was, at its foundation, an at- cate some of the successful interven- cated in today’s RECORD under ‘‘Sub- tack based on a belief that America tions and defeats of terrorist plans. I mitted Resolutions.’’) was corrupt, decadent, and lacked the will just mention those. The ACTING PRESIDENT pro tem- courage or the will to vigorously de- In December 2001, Richard Reid at- pore. The Senator from Alabama is rec- fend its very existence. tempted to blow up an airplane headed ognized. They were wrong. The attacks that to Miami from Paris, using explosives f led up to that day—I will just make a in his shoe. note of them—the attacks that led up In May 2002, Jose Padilla, who was COMMEMORATING to that event were: charged with conspiring with Islamic SEPTEMBER 11, 2001 In 1983, there was an attack on the terrorist groups, planned to set off a Mr. SESSIONS. Mr. President, it is Marine barracks in Beirut, Lebanon, dirty bomb in the United States. important that we commemorate that killed 241 American servicemen. In September 2002, the Lackawanna today, the seventh anniversary of the In 1985, the cruise ship Achille Lauro Six from Buffalo, NY, were arrested terrorist attacks on September 11, 2001. was hijacked by terrorists, and a 70- and charged with conspiring with ter- This Nation and the world should also year-old American passenger was mur- rorist groups. remember that the first battle of the dered and thrown overboard in his In May 2003, Lyman Faris, a natural- war against terror started in the skies wheelchair. ized U.S. citizen from Kashmir living over this country, and it was started In 1985, TWA Flight 847 was hijacked in Columbus, OH, was arrested for plot- not by the military but by an average at Athens, and a U.S. Navy diver trying ting the collapse of the Brooklyn group of American citizens who, by to rescue fellow passengers was mur- Bridge. fate, found themselves on Flight 93, dered. In June 2003, a Virginia jihad net- which had taken off from New Jersey, In 1988, Flight 103 was work, involving 11 men from Alexan- headed to , CA. When bombed, leaving 270 dead. dria, was arrested for conspiring to In 1993, al-Qaida operatives attacked they, as a group, figured out their support terrorists. the World Trade Center and bombed it, plane had been taken over by terrorists In August 2004, members of a ter- killing 6 people and injuring 1,042. In who planned to use that plane and the rorist cell were arrested for plotting to June of 1996, 19 American servicemem- passengers in it as a weapon of mass attack financial institutions in the bers were killed, with 372 wounded, in destruction against the Capitol of the United States and other sites in Eng- the Khobar Towers barracks attack in United States, they did an extraor- land. Saudi Arabia. dinary thing: This group of average In August 2004, two men were ar- In 1998, the U.S. Embassies in Kenya rested for plotting to bomb a subway citizens made a battle plan and exe- and Tanzania were bombed, killing 223 cuted that plan against America’s en- station near Madison Square Garden in and wounding thousands. New York. emies. This exceptional group of Amer- On October 12, 2000, while a warship icans knew they were risking and sac- In August 2004, two leaders of an Al- of the United States of America, the bany, NY, mosque were charged with rificing their lives to stop an attack on USS Cole, was harbored in the Yemeni America, which, in fact, was on the plotting to purchase a shoulder-fired port of Aden for a routine fuel stop, a grenade launcher to assassinate a Pak- White House or this very building we small craft approached and detonated are in today—this very building, the istani diplomat in New York. their payload, putting a 40-by-60-foot In June 2005, a California father-son U.S. Capitol. The passengers of Flight gash in the ship’s port side, killing 17 terrorist team was charged with sup- 93 faced their enemies without hesi- American sailors. porting terrorism. tation and brought that plane to the All of that occurred before the hi- In August 2005, four men in Los Ange- ground in Shanksville, PA. That action jacking of those four planes on Sep- les were accused of conspiring to at- was the opening battle in the war tember 11, 2001. Since that day, while tack National Guard facilities in Los against terror. there have been attacks on England, Angeles and other targets in the area. Today, people are gathering in New Spain, and around the world, there In December 2005, Michael C. Rey- York City at Ground Zero, where the have been no further successful attacks nolds was arrested by the FBI and World Trade Towers once stood so on the United States. charged with being involved in a plot proudly. People will gather here in the Even though we are in an election to blow up a Wyoming natural gas re- Nation’s Capital. This morning, the campaign, it is important for us not to finery. President observed a moment of silence forget that the failure of al-Qaida to In February 2006, three men from To- on the White House lawn and then launch another attack on us is not due ledo, OH, were arrested and charged joined those gathering at the Pen- to the terrorist organization’s relin- with providing material support to a tagon, at the site where Flight 77 quishing their objective, renouncing terrorist organization. crashed, to dedicate a memorial to their goal of killing Americans and dis- In April of 2006, Atlanta natives were those who died in that building—a rupting our lives and economy, but it accused of conspiring with terrorist or- building that symbolizes the American is a testament to the vigilance of our ganizations to attack targets in Wash- military, the greatest fighting force in law enforcement and military officials ington, DC. the world. and President Bush’s bold decision to In June of 2006, seven men were ar- This remembrance is not just taking stop sitting back, stop being on the de- rested in Miami and Atlanta and place in New York and in our Nation’s fensive, and to treat these attacks for charged with plotting to blow up the Capital, it is taking place all across what they were—part of a war against Sears Tower in Chicago, as well as FBI our Nation. Certainly, we are not alone the United States. He firmly declared offices and other buildings. in mourning the 2,975 people—citizens that we should go after these terrorists In July 2006, 10 people were arrested from more than 90 nations—who died in and any who harbor them and utilize after the FBI discovered a plot to at- the terrorist attacks. So our allies and deadly force where necessary. This tack underground transit tunnels in friends mourn with us. strategy has worked. No successful at- New York. These attacks carried out on Sep- tacks have occurred since that time on In August of 2006, British authorities tember 11 changed the way we view our our homeland. I don’t think any of us stopped a plot to load 10 commercial world. Many Americans, for the first would have felt that was likely the airliners with liquid explosives and at- time, felt vulnerable. While it was not case, or would be the case, on Sep- tack sites in New York, Washington, the first terrorist attack on America, tember 11, 2001, even though I think all and California. Fifteen men were it was the largest on our soil since of us, as a nation, agreed it was time to charged. Pearl Harbor. So it is critically impor- move on the offensive. That is the best In March 2007, a senior operative for tant to note that this attack wasn’t an way to defend our great country. Osama bin Laden already in custody

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.001 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8331 confesses to have planned September 11 power of that network that 2 or 3 years communities at a moment’s notice, and attacks and said he also planned at- ago existed has been decimated today, every day in this country they are tacks on Los Angeles, Chicago, New most experts say. there when buildings burn, when acci- York, and other sites. So let’s remember what we have done dent victims need treatment, when ex- In May of 2007, six men were arrested right. Also, we must keep these efforts pectant mothers go into labor unex- and charged with plotting to attack up because it may well take decades pectedly, when citizens need rescue. soldiers at Fort Dix, NJ. before we will be victorious in this ef- When other civilians are running away, In June of 2007, four men were fort. If we remain firm, if this Nation they are running in. charged with plotting to blow up jet continues to be smart, determined, and It is nearly impossible to see today’s fuel in a residential neighborhood near dedicated, their doom is sure. This date and not think back on the attacks JFK Airport in New York. group cannot defeat us. They may suc- of 7 years ago. But let’s be sure to do It is quite clear that it is imperative ceed with an attack here, they may more than to recount the images, the this Nation continue to be vigilant and succeed with an attack there, but if we sounds, and the conversations that de- keep these terrorist groups off balance, have the will, if we have the courage, if fine our own personal experience of to keep our homeland and our allies se- we have the maturity, if we have the September 11. cure. determination to remember those he- Let’s also remember and honor the I believe as the years go by, history roic people who started this war de- heroic first responders, the innocent will view the efforts of the U.S. Gov- fending this very Capitol Building, who victims, and the victims’ families left ernment favorably in keeping its citi- gave their lives in Pennsylvania for behind. Let’s never, Mr. President, for- zens safe after the attacks on Sep- us—and we will honor their memory get. tember 11, 2001. and honor the memory of those in New I yield the floor. President Bush made a bold decision. York City and honor the memory of The ACTING PRESIDENT pro tem- He took decisive action. A reorganized those in the Pentagon and on the ship, pore. The assistant majority leader. intelligence community that Senator the USS Cole—we will honor them by Mr. DURBIN. Mr. President, this BOND talked about was put in high gear being firm, being faithful. We will be morning 7 years to the minute since and has dramatically improved our in- successful. the terrorist attacks on the Nation, I telligence concerning terrorist groups. I thank the Chair and yield the floor. attended the inauguration and dedica- We were not where we should have The ACTING PRESIDENT pro tem- tion of the Pentagon Memorial. There been. We are still not, but we are dra- pore. The Senator from Ohio. have been countless personal memo- matically improved. The FBI has dra- f rials over the years. The Pentagon Me- matically changed its mode of oper- morial is America’s first national me- ation from mere investigation after an SEVENTH ANNIVERSARY OF THE morial to those who died on that heart- attack to preventing further attacks. 9/11 ATTACKS ON AMERICA breaking day. It is a beautiful, peaceful Unprecedented cooperation with and Mr. BROWN. Mr. President, 7 years patch of land on the very spot where assistance from State and local law en- ago today 19 people conspired to kill American Airlines flight 77 smashed forcement has raised our defensive ca- nearly 3,000 people in our country. It into the west wall of the Pentagon. In pabilities and our intelligence-gath- was by far, as we know, the most dead- that quiet place, there are 184 stainless ering networks manyfold. It is tremen- ly civilian attack ever carried out on steel benches, one bench for each of the dous the improved relations we have American soil. The images and sounds 184 innocent victims who died at the with State and local law enforcement, from that fateful morning continue to Pentagon and on that plane that and there are many more of those offi- haunt us. As we continue to mourn struck it 7 years ago today. cers than there are Federal officers. those lost that day, today flags fly at Thousands of people were at that For 7 years, we may thank the Lord half-staff in their honor. They were ceremony this morning marking the and the hard work of so many that this men, they were women, they were chil- dedication and opening of the Pentagon Nation has remained free from ter- dren, they were people of various na- Memorial. They, of course, included rorist attack. Will it continue? We may tionalities and faiths. They were fire- the President and Vice President, the all pray that it will, but we know we fighters and police officers and emer- Cabinet, leaders in Congress, top mili- remain at risk. We know for decades to gency medical services personnel. They tary leaders, scores of Members of Con- come there will be some in this world were investment bankers and conven- gress, along with the survivors of the who are willing to even give their lives ience store clerks. They were attend- Pentagon attack and rescue workers to attack free nations around the ants and pilots. who were the true heroes of the day. world. Four of the victims were Ohioans: Most poignantly, we were joined by We must remain vigilant. We must Wendy Faulkner from Mason; William hundreds of husbands, wives, brothers, not forget what we have done wrong in David Moskal from Brecksville; Chris- sisters, sons, daughters, friends of the the past, how we refused to recognize tina Ryook from Cleveland; LTC David loved ones who perished at the Pen- the reality of the threat, as the 9/11 Scales from Cleveland. tagon. Commission so clearly reported. But We should remember these names While 9/11 comes once a year, for 9/11 we must also not forget how going on represent lives cut needlessly short. We families, every day brings painful re- the offensive, destroying the bases of should remember the families who will minders of what and whom they have operation of the radical Islamic net- forever miss them. We should remem- lost. Their pain is still heartbreaking. works, of attacking their military in- ber the EMS personnel, the police offi- It was the families of the Pentagon frastructure, of attacking their sol- cers and firefighters who responded to victims who spearheaded the effort to diers, of capturing thousands and kill- the attack when these names rep- create the Pentagon Memorial. We all ing thousands of their operatives has resented perfect strangers—perfect hope they can find some measure of made us safe and have put the terror- strangers whose circumstances met the peace and comfort in their fine work in ists on the defensive. simple criteria first responders use to the creation of this memorial. Despite what some say, these efforts determine when to take action: Some- Yesterday afternoon I had a chance have gained worldwide support. The one needs help. to visit in my office with a man with a terrorists are losing support through- Hundreds of first responders risked small company near Chicago, IL, who out the world. Al-Qaida made Iraq the and, in many cases, sacrificed their worked for over a year to finish and central front against the United States own lives to save others. So many of polish the 184 stainless steel benches and poured people into that country. them died, so many of them were in- that make up the Pentagon Memorial. But they made a bad decision to chal- jured, so many of them have suffered He lives and works in Elk Grove Vil- lenge the magnificent, courageous, and illnesses as a result of their actions. lage in Arlington Heights, and his lethal U.S. military. First responders in Ohio and all name is Abe Yousif. Recent reports have declared that al- across this country continue to stand Abe came to America 29 years ago Qaida in Iraq has been decimated. at the ready every day, ready to pro- from Iraq. Abe’s beautiful wife Angela There may still be some left, but the tect our families, ready to protect our moved to America 27 years ago, also

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.003 S11SEPT1 smartinez on PROD1PC64 with SENATE S8332 CONGRESSIONAL RECORD — SENATE September 11, 2008 from Iraq. The 23 employees of their the bridge. He was desperate to find his There were strong emotions today at little company, many of them are im- wife. the Pentagon, I am sure in New York, migrants, too, from Mexico, Bosnia, He went there, and there was a sea of in Pennsylvania, and across the Nation and many other countries. humanity, of people who evacuated the as we remembered the seventh anniver- For more than a year, they have Pentagon lined up on the hills around sary of 9/11. But let us remember 9/12. worked for this day when there would it. He searched and searched until he Let’s remember this Nation when it did be an official opening of this Pentagon finally found her, and she was safe. come together with its allies around Memorial. Their job was to take these That was the good news of the day, the world, the strength that we felt raw metal benches, 184 of these bench- along with the tragedy that so many of here at home, and the projected es, and polish them as smooth as glass. her fellow workers had died. strength we felt around the world. Abe calculated for me the amount of Sherry had been in the room near the Those days can return, and they should time he and his employees put into this spot where that plane crashed. She lin- return. It is up to each and every one work. They worked nearly 17,000 hours gered for a moment to watch the of us, whether we are elected officials grinding and polishing these stainless scenes of New York on television while or people going to work every day to steel benches, transforming them into some of her fellow workers went back raise a family, to do our best to make perfectly uniform, flawlessly smooth to their desks. Those workers perished that spirit of coming together after 9/11 memorials. when the plane crashed into the Pen- return. Abe and his workers hoped that by tagon. She was spared. Mr. President, I yield the floor. making each bench perfect, they might Of course, they appreciate the her- The PRESIDING OFFICER (Mr. be able to give something back to a oism of those who responded, and all BROWN). The Senator from New Jersey country that has given them so much. the memorials that were given to this is recognized. They hope that the calm, clear lines of country, but I want to give a special Mr. MENENDEZ. Mr. President, I their work might bring a sense of heal- tribute to Pat and Sherry and their rise today to commemorate those ing to a wounded nation and bring daughter Samantha for their dedica- whom we lost on September 11 of 2001, some beauty to a place scarred by trag- tion to this country. You see, when Pat to remember how our Nation responded edy. left my office, he continued to serve in to the pain we felt that day with a tow- Many people will look across this the U.S. Army. He is in Iraq today in a ering display of heroism, and to urge us memorial. They will see these finely command position with major respon- to rededicate ourselves to making sure polished stainless steel benches and as- sibilities for the medical care of our we never have to experience terror on sume somewhere there was a machine troops and the people of Iraq. He is a our soil again. that just churned them out. No, it was true American hero, as is his wife. That day, the families and friends of the hard work and sweat of Abe Yousif They have given so much to this coun- nearly 3,000 Americans got the worst and his employees who took this on not try. news imaginable, and almost 700 of just as another project but as a project I thank the Lord that they were them were from my home State of New of love. spared that day; that they were able to Jersey. They were from all walks of When I think of 9/11, I recall, as every continue in their service to the coun- life. We lost mothers, fathers, and chil- American does, what I was doing. I was try, along with so many others, but I dren. Brothers lost their sisters, neigh- just a few steps away from here in the do remember those who worked right bors lost their friends. Today in New Capitol Building in a meeting of the alongside her who were not so fortu- Jersey, you can go from town to town— Democratic leadership with Senator nate. That is what our gathering was from Englewood to West Windsor, Tom Daschle. The meeting had just about today. Every year on September Toms River, Mantua, and Hoboken— started when we heard about the planes 11 we remember the horror and shock and you can see a ceremony in each crashing into the World Trade Center of that day and the grief that followed. one. Families in those towns are laying in New York. But we remember something else. We flowers on the gravestones and monu- As the meeting continued, Tom was remember the tremendous sense of ments and holding tightly one more handed a note that we were going to unity that enveloped our Nation. time onto the pictures of the ones they have to evacuate the Capitol. We Buck O’Neill was a man who was leg- lost. looked down The Mall toward the endary in the Negro League as a base- Washington Monument and saw black, ball player. Of course, in those days, a So many communities were affected billowing smoke coming from across Black man couldn’t make it to the ma- in so many ways, not the least of which the river. We didn’t know what hap- jors. He became a scout for the Chicago was the American community. It felt pened. We thought perhaps a bomb had Cubs and signed, among other people, as if it was a day when there were no been detonated. In fact, it was Amer- Hall of Famers Ernie Banks and Lou borders between us. Terrorists tried to ican Airlines flight 77 that crashed into Brock. In 1962, he became the first Afri- engulf us in the smoke of fear and ha- the Pentagon causing so many deaths can-American coach in Major League tred. For a moment, we felt like the of so many innocent people. Baseball history. He wrote a newspaper whole world went dark. But the light of We evacuated and raced to the yard column. He has passed away now, but heroism burst through. Individuals outside the Capitol, people milling he wrote a newspaper column about a rushed into burning buildings risking around not knowing where to turn. We year after the 9/11 attacks, and he said: their lives to save others, strangers heard the sonic booms from jets that opened their homes to help people they One thing about it is, the attacks brought didn’t even know, and men and women were being scrambled and wondered if us together. For a little while there after there were detonation of bombs or September 11, it didn’t matter if you were all over the country rushed to give something worse. We just didn’t know. Democrat or a Republican. It didn’t matter whatever they could to help those in One of the staffers I had at that time if you were white or black. Yeah. We were need. was Pat Sargent. Pat is an officer in Americans. We gave blood. We gave money. It was a day when we learned the the U.S. Army. Occasionally, the Army We cried. We all cried. That’s the America meaning of Oscar Wilde’s words when will detail some of its professionals to we can be. This is a wonderful country. he said: ‘‘Where there is sorrow, there work on Capitol Hill for a short time. He remembered from his youth some is holy ground.’’ It was a day when it Pat was terrific, one of our best em- hateful things that were done to him didn’t matter what part of the country ployees. But he had a special interest because of his race. He said: you came from, what your family back- in the Pentagon that day because his When I was a young man, I used to see the ground was, or anything else. It was a wife Sherry, also in the U.S. Army, was way hate ripped this country apart. A man day when we all stood together as working there. would hate me just for the color of my skin. Americans. People from all over the When Pat heard about the smoke and I didn’t feel angry. I felt sorry for that man. world said: We are Americans today. I wanted to say to him ‘‘Don’t you know how damage at the Pentagon, he raced out great America would be if we could all just There was a time when the events of to catch the last commuter bus that get along?’’ That’s what I saw after Sep- September 11, 2001, gripped us so runs between Capitol Hill and the Pen- tember 11. We all got along. I wish we could strongly that our minds couldn’t focus tagon, the last one to make it across hold on to that feeling. on anything else. Yet 7 years later, we

VerDate Aug 31 2005 23:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.004 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8333 have to talk about the dangers of for- time for morning business be yielded The GAO, Government Account- getting. We have to talk about the dan- back. ability Office, reviewed that and said gers of forgetting, because 7 years later The PRESIDING OFFICER. Without the Air Force had made errors. I did our obligations have not gone away. objection, it is so ordered. Morning not think great errors, but they said Our obligations have not gone away business is closed. there were errors and they ought to re- to those whom we lost, and to their f view the process. The Secretary of De- families and those who survived the at- fense said he, in effect, was dis- tacks but came away injured. For NATIONAL DEFENSE AUTHORIZA- appointed those errors had occurred them, it has been a long and heroic TION ACT FOR FISCAL YEAR 2009 and he personally would take the proc- struggle to get by and find some sense The PRESIDING OFFICER. Under ess under the Department of Defense’s of normalcy. People who ran out of the previous order, the Senate will re- jurisdiction and he would direct indi- burning buildings, the firefighters, sume consideration of S. 3001, which viduals to evaluate the two bids and to EMTs, and other rescue workers who the clerk will report. make a decision on what the best air- ran in, all breathed thick air as they The legislative clerk read as follows: craft would be and the best buy for the were saving lives. Today, they are re- A bill (S. 3001) to authorize appropriations American warfighter. minded of what they have to face with for fiscal year 2009 for military activities of Remember that the Air Force had de- literally every breath they take. We the Department of Defense, for military con- clared that replacing the 50-, 60-year- think about them very deeply today, struction, and for defense activities for the old tanker fleet was their No. 1 priority but those heroes triumph every day. Department of Energy, to prescribe military in the entire U.S. Air Force. For those Their supply of courage has never run personnel strengths for such fiscal year, and of us who know about the Air Force out, and we can never walk out on for other purposes. and know how much they like fighters them. Pending: and those kinds of aircraft, for them to So not forgetting means caring for Reid amendment No. 5290, to change the say that was a significant thing. So we those whom we lost, and their families, enactment date. were proceeding along that path. Sec- and remembering them. But it also Reid amendment No. 5291 (to amendment retary Gates said he was going to do it means caring for those who were made No. 5290), of a perfecting nature. fairly and objectively, and he would do Motion to recommit the bill to the Com- his best to complete the process by the ill because of the attacks. Not forget- mittee on Armed Services with instructions ting means supporting all the heroes, to report back forthwith, with Reid amend- end of the year. So his announcement paid and volunteer, who risked their ment No. 5292 (to the instructions of the mo- yesterday that they could not complete lives to save others. Not forgetting tion to recommit), to change the enactment it at the end of the year, that there has means securing our ports, chemical and date. been controversy about this, and that nuclear plants, so we don’t have to ex- Reid amendment No. 5293 (to the instruc- he would, therefore, put it off and can- perience another horrendous tragedy in tions of the motion to recommit the bill), of cel the bid process and let the next the future, getting Federal grant a perfecting nature. Congress and next President deal with Reid amendment No. 5294 (to amendment it was a bad mistake. It was contrary money to our communities based on No. 5293), of a perfecting nature. the risks they face, getting firefighters to what he had said in the country the funding they need for new equip- Mr. NELSON of . Mr. Presi- needed to be done a few months ago. ment and increased personnel, and dent, I suggest the absence of a I think this is a matter he made a making sure our first responders can quorum. mistake on. I respect Secretary Gates. talk to each other during an emer- The PRESIDING OFFICER. The I was pleased when he stood up and gency. And let’s be very clear: Not for- clerk will call the roll. said: We need this tanker. We need to getting means destroying the terrorist The legislative clerk proceeded to get this done. We are going to get it network that planned the attacks and call the roll. done. I am personally going to be re- bringing those responsible to justice. Mr. NELSON of Nebraska. Mr. Presi- sponsible to ensure it is done right and Today, September 11 of 2008, we re- dent, I ask unanimous consent that the fair. Then, to walk away from that, member what has been lost, and we order for the quorum call be rescinded. and to leave the impression the reason find strength in what we still have. No The PRESIDING OFFICER (Mr. that occurred was because of a political amount of time can ultimately heal TESTER). Without objection, it is so or- brouhaha going on, and Members of what has been seared into our hearts dered. Congress fussing here and there and and minds since September 11, 2001. Mr. NELSON of Nebraska. Mr. Presi- making comments was doubly dis- But those wounds continue to drive us dent, I ask unanimous consent that the turbing. to make sure that no New Jersyan, no previous order with respect to the pro- My view has always been the Depart- American ever has to experience them hibition on a motion to proceed remain ment of Defense ought to pick the best again. If we come together now, as we in effect during today’s session. aircraft, and I thought they had when did on one of the darkest days of our The PRESIDING OFFICER. Without they chose the plane they did. I will history, then I believe our future can objection, it is so ordered. note the aircraft Northrop Grumman/ be filled with security, prosperity, and Mr. NELSON of Nebraska. I suggest EADS had offered was 16 years newer hope. On this day in which we remem- the absence of a quorum. than the aircraft Boeing had sub- ber that darkest day, we can see the The PRESIDING OFFICER. The mitted, it would have much more capa- light and our brightest days are yet to clerk will call the roll. bilities, and was a better aircraft. That come. The legislative clerk proceeded to is what it was, and that is how it was Once again, my thoughts and prayers call the roll. selected. The Northrop team submitted go out to the 700 New Jersyans who Mr. SESSIONS. Mr. President, I ask a very frugal bid, and even though it were lost on that fateful day, for their unanimous consent that the order for was an aircraft that had more capabili- families who live with this for the rest the quorum call be rescinded. ties, it was very competitive or lower of their lives and for which this day The PRESIDING OFFICER. Without on price. So I thought we were heading has an incredible resonance in their objection, it is so ordered. in the right direction. lives far beyond what anyone can imag- Mr. SESSIONS. Mr. President, we I will note for the record I was in- ine. But for votes here in the Senate, I had an announcement yesterday by the volved in this early on. When Senator would be in New Jersey today, and I Secretary of Defense on the procure- MCCAIN questioned a lease agreement wanted to take to the floor to let them ment question for the tanker for the that was entered into with the Boeing know that we are one with them on U.S. Air Force that is very disturbing company, he felt something was not this most sacred day. and disappointing to me. Basically, the healthy there and he objected. It was history of that was that the Secretary f going to release 60 of these aircraft. and the U.S. Air Force had evaluated They had not been bid. It was a sole- CONCLUSION OF MORNING the two competing bids and had se- source contract. It did not go through BUSINESS lected the Northrop team’s bid as the the Armed Services Committee. But it Mr. NELSON of Nebraska. Mr. Presi- best aircraft and best buy for the coun- was actually done through the Appro- dent, I ask unanimous consent that all try. priations Committee without the

VerDate Aug 31 2005 23:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.005 S11SEPT1 smartinez on PROD1PC64 with SENATE S8334 CONGRESSIONAL RECORD — SENATE September 11, 2008 Armed Services Committee studying Mr. President, I suggest the absence I yield the floor. the issue or looking at it. After all that of a quorum. The PRESIDING OFFICER. The Sen- happened—and it is unfortunate people The PRESIDING OFFICER. The ator from California is recognized. went to jail over it in the Air Force, clerk will call the roll. Mrs. FEINSTEIN. Mr. President, if I and others—we ordered, the Congress The assistant legislative clerk pro- may just for a moment echo the com- did, that a bid process take place. ceeded to call the roll. ments of the Senator from New York, There were two bidders. Only two enti- Mr. REID. Mr. President, I ask unan- this morning I watched on television ties could supply this kind of aircraft. imous consent that the order for the the ceremony at the Pentagon. As I The Air Force selected the one they quorum call be rescinded watched the calling of the names, a thought was best. The PRESIDING OFFICER. Without photo flashed on the screen of each in- Some people did not like that, and we objection, it is so ordered. dividual. What you saw were young had a big fuss, and now we are at a po- Mr. REID. Mr. President, I further military men, you saw a lieutenant sition where we could literally be look- ask that at the hour of 12:30, the Chair colonel, you saw the faces of whole ing at a delay of 2 or 3 more years. It declare a moment of silence. families wiped out, young people, older has already been delayed about 7 years. The PRESIDING OFFICER. Without people, you saw every race. In a sense, This is very disturbing and very con- objection, it is so ordered. when you looked at the benches and cerning to me ultimately because the f the water flowing under the benches Air Force is going to be further de- MOMENT OF SILENCE FOR THE and the maples that will grow around layed, substantially, in a new aircraft VICTIMS AND FAMILIES OF THE them, as you listened to the sad song of being chosen and put into the fleet. It SEPTEMBER 11, 2001, TERRORIST the pipers, you realized what a great can save money in the long run because ATTACKS country this is and how we respect every single human life and how impor- it will be newer, require less upkeep The PRESIDING OFFICER. Under tant that is; also, how important it is and maintenance, carry more fuel, and the previous order, the Senate will ob- that the message remain true, that the it has more capability. It can do the serve a moment of silence in memory message remain full of heart but also work of three airplanes at once. of the victims of the September 11 at- I know Senator WARNER and others full of vigilance that this must never tacks. on our committee, when this issue (Moment of silence.) happen again in our homeland. arose—Senator LEVIN and Senator Mr. REID. Mr. President, I note the So I wish to join Senator SCHUMER MCCAIN—felt that a bid was the right absence of a quorum. and send our best wishes, our sym- thing to do. We ordered that we pass The PRESIDING OFFICER. The pathy, our sorrow to these families 7 legislation to do that. I am sorry the clerk will call the roll. years later, and our thanks to those Defense Department seems to have The assistant legislative clerk pro- who gave their lives in the Pentagon. given up and punted it. Many are esti- ceeded to call the roll. I had a chance to sit down with the mating this could result in a delay of 3 Mr. SCHUMER. Mr. President, I ask family of a captain of the American years before the matter comes to a unanimous consent that the order for Airlines plane that flew into the Pen- conclusion now. the quorum call be rescinded. tagon. It was very revealing because at Mr. WARNER. Mr. President, if the The PRESIDING OFFICER. Without the time they were convinced it was Senator will yield, actually it was a se- objection, it is so ordered. the heroic gesture of this captain in ries of appropriations. The committee Mr. SCHUMER. I ask unanimous con- turning the plane away from the U.S. approved it in the House and the Sen- sent to be recognized and speak for a Capitol that played a role. I want them ate—the House Armed Services Com- moment on this day, 9/11. to know that I was thinking of them mittee. When it came to our com- The PRESIDING OFFICER. Without both during the Pentagon ceremony mittee—at that time I was the chair- objection, it is so ordered. and the ceremony in front of the Cap- man—we decided this contract was not Mr. SCHUMER. Mr. President, we itol. right, and a lot of work subsequent to just commemorated a moment of si- So all those victims remain in our that has been done to try to correct it. lence for those who were lost on 9/11. Of hearts and in our minds, and we con- The Deputy Secretary of Defense con- course, for the husbands and wives, secrate ourselves to work on their be- tacted me yesterday. I look upon this sons and daughters, fathers and moth- half. latest development with some concern ers and friends, that moment of si- Thank you very much, Mr. President. because this airplane is needed for the lence, in a sense, lasts every day, every Mr. DOMENICI. Mr. President, I rise U.S. inventory. moment. today to pay tribute to the innocent But I thank the Senator for his sup- In New York, of course, we lost close Americans who were killed in the ter- port through the years. It was our com- to 3,000 people. Some people I knew—a rorist attacks of September 11, 2001. I mittee that stopped that contract person I played basketball with in high ask that we commemorate the emer- which we felt was faulty at that time, school; a firefighter I was close to and gency responders who provided relief in and the rest is history. worked with to encourage people to do- the aftermath of the attacks. I also ask Mr. SESSIONS. I could not agree nate blood; a business man who helped that we salute our brave men and more, I say to Senator WARNER. I me on the way up; the range of people women in uniform who have volun- thank the Senator for his leadership at who were lost in every walk of life, teered to serve their country in this that time. Basically, it did point out, every ethnic group, every profession, in time of need. Not to be forgotten are did it not, I ask Senator WARNER, that every way of thinking. The enormity the families who support our troops the authorizing committee is a valu- still, 7 years later, is hard to have it and the families who lost loved ones on able committee and that those kinds of sink in. Furthermore, when one thinks this tragic day; to them we must also major programs should be taken of just the uselessness of this tragedy, pay tribute. through the committee of authoriza- it is even more confounding. We should continue to remember the tion? Would the Senator agree to that There are many things to say in the family of Al Marchand from as a matter of historical perspective advent of 9/11 that would be relevant on Alamogordo, NM, a flight attendant on here in the Senate? this floor, but today is not the day for United Airlines flight 175 and one of Mr. WARNER. Mr. President, I share that. Today we just think and remem- the first casualties on that horrific the views of my distinguished good ber and try to do everything we can to day. He and his family remain in my friend. give solace to those we know who thoughts and those of my fellow New Mr. President, I have been informed— mourn and will mourn for the rest of Mexicans. Since that day, many New and I will await the leadership to make their lives the senselessness of this Mexicans have volunteered to serve the formal announcements—but I do tragedy that took loved ones from their country by entering the ranks of believe we are going to move to some them. our Armed Forces. Some of these brave votes, hopefully, this afternoon on our So I just wish to say to those who do men and women today live with the in- bill. walk around with holes in their hearts juries and scars they received in this Mr. SESSIONS. Very good. as a result of 9/11: We will never forget. fight. Sadly, some lost their lives in

VerDate Aug 31 2005 23:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.008 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8335 this war to protect our way of life. I was deployed at the 2002 Winter Olym- mands, however, today Americans will pay tribute to Army SSG Kevin C. Rob- pics, the 2004 Summer Olympics, and in also pause to remember, with deep sad- erts of Farmington, NM, and Army locations around our Nation’s Capital. ness, the terrible events that occurred SGT Gary D. Willett of Alamogordo, The National Labs have also been at on September 11, 2001. We are united by NM, the two most recent casualties the forefront in developing tools to de- that sadness, just as we are united by from New Mexico in the ongoing global tect and dispose of materials that can our conviction that we must do every- war on terror. be made used as a ‘‘dirty bomb’’ or thing in our power to prevent another Seven years have passed since al- other weapon of mass destruction. Fi- such tragedy. Qaida terrorists struck our homeland. nally, the National Infrastructure and Our common purpose today is to Yet even after 7 years, threats against Analysis Center, NISAC, is being used honor the memory of those who lost our country still exist. We must con- to develop response strategies for gov- their lives on September 11, 2001; to re- tinue on with vigilance and remain ernment officials and first responders member a day that began like any dedicated to the protection and secu- for large and complex crises. other, but quickly descended into rity of our great Nation. Even now, the Over the past 7 years, we have chaos, with fire and smoke that en- images and shock of that day are still learned a good deal more about how gulfed the World Trade Towers, with me. And while I am, years later, the attack was planned and executed, billowed out of the Pentagon, and rose still saddened by our losses, I am also and we have spent countless man hours from an empty field near Shanksville, heartened by all the heroic acts of our and resources to make our Nation PA. But 7 years later, we not only re- citizens in what was the most shocking safer. We can be proud of the fact that member what was lost, but what rose attack on our homeland. In the months we have worked to implement most of from the ashes, because since that day following the attacks, our brave men the 9/11 Commission recommendations. we have all learned a great deal about and women in uniform toppled the re- We are more prepared as a nation for the strength of the American people. gime in Afghanistan that provided a these types of dangers than we were September ll reminds us how resilient base of operations for the terrorists prior to September 11, 2001, but this is we are as a nation, and in a time when who carried out the 2001 attacks. We a struggle that will not end with the our Nation faces so many challenges at helped that country establish a demo- same clarity and decisiveness of bat- home and abroad, that reservoir of cratic government and are working tles past. Therefore, even as we con- strength is invaluable. with allies in NATO to bring peace and tinue to adjust to a post-9/11 world, we It is with great pride in the American stability to a country that has spent must remain vigilant in our efforts to people, and deep gratitude to people much of its recent history in the mire prevent such a tragedy from occurring around the world who stood with us on of civil war. It is a dangerous mission on American soil again. I hope all that day, that I remember that day, that continues today. Americans take time to reflect on the and its aftermath. I have so often One of the important lessons that po- events of September 11, 2001, honor thought, then and now, how senseless litical and military leaders learned those that have fallen, and rededicate those attacks were, and how people from the 2001 terrorist attacks was themselves for the struggle ahead. from all over the world perished along- that America cannot stand by idly as Mr. MARTINEZ. Mr. President, 7 side so many Americans. It is our great threats to its security develop far from years ago, nearly 3,000 Americans per- diversity of every kind—of our people, our shores. This required our intel- ished in the worst terrorist attack on our culture, our geography—that ligence and law enforcement agencies our soil. Today, let us remember the makes us such a strong and vibrant to work with friends and allies around innocent lives lost in New York, Wash- country. No act, however terrible, has the world and with each other to gath- ington, and Pennsylvania and continue ever changed that, or ever will. er actionable intelligence that would to pray for healing for their families. This is a difficult day for all of us, help us disrupt terrorist plots at home The stories of their heroism, compas- but especially for those who lost loved and abroad. To help consolidate our do- sion, and last words spoken to a loved ones on that day. We share in their sor- mestic defense system, the Congress one all serve to inspire and remind us row, even though we cannot imagine created the Department of Homeland of the pain of that tragic day. their pain. In a day that may otherwise Security. The Department of Homeland This anniversary is a somber re- seem ordinary, we are all jolted back Security was organized to prevent at- minder of the serious threats we face. to the tragic events of that day in Sep- tacks within the United States, reduce Generations of Americans have fought tember which began with such calm, America’s vulnerability to terrorism, for our country’s freedom, and on this blue skies. It was a day unlike any we and to minimize the damage and assist day, we can take solace in knowing our have ever known and unlike any we in the recovery from terrorists’ attacks nation remains committed to pre- hope to see ever again. Seven years in America. The Congress also followed serving that blessing. later, however, it is heartening to see the recommendations of the National Since 9/11, the United States has led how we have moved forward from that Commission on Terrorist Attacks Upon a global campaign against terrorism. tragedy. More than ever, we are com- the United States—the 9/11 Commis- Our Nation is safer because of the sac- mitted to our communities, to each sion—and passed historic legislation rifices of those serving in the cause of other, and to this great Nation and its that reformed the agencies that make freedom, including the men and women highest ideals. That is where our resil- up our intelligence community. While of our Armed Forces, our National ience lies, and, on this day of all days, these reforms were important and nec- Guard, and our intelligence commu- that is what makes us stronger as a na- essary, the disruption of a recent plot nities. tion and as a people. to hijack planes flying from to Our effort has been enhanced by the Mr. SALAZAR. Mr. President, on this the United States, shows us that our cooperation of allied nations that share day of commemoration, 7 years after enemies are still bent on bringing ter- our desire to see a world dominated by the attack here on American soil, I ror into our cities. peace, freedom, and the rule of law. think it is very important and proper Many of my fellow citizens from the On this day, let us remember those for all of us here in the Senate and all State of New Mexico have contributed Americans who lost their lives in the across America to stop and reflect on to strengthening our defenses in the attacks of 9/11, those who have made the great peace and security we have in global war on terror. An urban rescue the ultimate sacrifice in defense of our America; the fact that there are so team traveled from New Mexico to Vir- country, and those who continue to de- many policemen and first responders ginia to help recover survivors from fend our Nation today. God bless these and others who make sure America re- the ruins at the Pentagon. Sandia and individuals and their families, and may mains safe. Los Alamos National Laboratories God bless America. And to be sure, today it is important helped identify the strains of anthrax Mr. FEINGOLD. Mr. President, for us to remember those who gave that were found in government and of- today, like any other day, Americans their lives on 9/11—those who died in fice buildings shortly after the ter- will be busy getting to work, getting the field in Pennsylvania, and those rorist attacks. They helped develop a the kids off to school, and getting din- who died at the Pentagon and in New biological threat detection system that ner on the table. Despite all those de- York City.

VerDate Aug 31 2005 23:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.010 S11SEPT1 smartinez on PROD1PC64 with SENATE S8336 CONGRESSIONAL RECORD — SENATE September 11, 2008 It is also important, as we reflect on ahead despite the uncertainty of what Among the people lost was a very 9/11 and the events of, now, 7 years ago, tomorrow would hold. close friend of my daughter. Both of to recognize the more than half a mil- As one 30-year-old widow from Mid- them worked downtown in a financial lion men and women who wear the uni- dletown, NJ, put it: There is no guide- firm. My daughter left to go to law form of a firefighter or a law enforce- book for how a mother of a toddler school, and her friend went to work for ment officer in our Nation. These men whose husband was killed by terrorists a company called Cantor Fitzgerald. and women who are out there on the is supposed to carry on with her life. She had three children. Her husband front lines of law enforcement really There is no instruction that is satis- searched far and wide, from hospitals are the ones who keep America safe factory. There is no help that is fully to clinics, every information source day and night, 24 hours a day, 7 days a accommodated. But these folks have available, because he couldn’t believe week. We are able to live in the secu- carried on. Many have done it by join- his wife was gone, that the mother of rity of our homes, our communities, ing together and giving each other his children would no longer be there. and counties in large part because we hope. They came together to trade sto- After 3 weeks, after visiting all of the have more than half a million men and ries about their lives, about the men facilities searching for every bit of in- women who are out there every day and women they lost, to drive each formation he could find, he and his making sure the laws of the Nation are other to support groups, to pick up three young children were forced to ac- upheld. each other’s kids from schools, to cele- cept her death. So today, as we commemorate that brate birthdays, and to fight for a There was a young man I knew, very horrific tragedy of 7 years ago, it is im- shared cause. Remember, it was the energetic young man. He tried life as a portant that we commemorate the families of the victims who regularly golf professional. He learned computer lives of those who gave their lives that piled into the minivans, came to Wash- skills. His name was Nicholas day and the lives of the families of ington, pushed lawmakers to create the Lassman. He was still in his twenties. those who died and were hurt that day. 9/11 Commission. Despite the shock He described his enthusiasm to me one It also is important for us to recognize they experienced and the sadness they day about how he was looking forward the great sacrifice and contribution of still felt, they were committed to the to a new job that he had at the Trade the men and women of law enforcement future, to try to make sure that a trag- Center. He perished that day. of America as well as the firefighters edy such as this would never happen We will always remember those who and first responders of our great coun- again to anyone. died, the firefighters, computer pro- That commitment led to crucial pol- try. grammers. The firm, Cantor Fitz- icy recommendations, such as improve- Mr. LAUTENBERG. Mr. President, gerald, lost 700 of its employees that ments in port security and sending today is a time for reflection and re- day. It is a firm I know very well. The Federal funds to cities and towns based view of a particular moment in Amer- President and CEO of that company, a on the most vulnerable to terrorist at- ican history that is not yet fully estab- very charitable, wonderful, still young tack. We had debate on the Senate lished in the manner I believe it should fellow, whose lateness saved his life be- floor about whether port security funds be. America changed more on this day cause he had to take his daughter to would be distributed on the basis of 7 years ago than perhaps at any other school, lost 700 others—700—including risk, as recommended by the 9/11 Com- time in our history, save those mo- his brother and a lot of friends. This mission, or distributed based on poli- ments we were at war. But the effects was a fellow who believed in loyalty as tics. We fought and made sure in the that linger on are far greater than a trait above all for people in his orga- last couple of years to direct those those when we were engaged in wars or nization. So he hired a lot of his friends funds to areas of most vulnerability. experienced natural disasters. from the place he grew up. I believe it Our world has changed so much since I was once, before I came to the Sen- was Brooklyn. Thusly, not only did his that day, September 11, 2001, because ate, commissioner of the Port Author- brother die, but lots of his friends per- we are reminded every day at some ity of New York and New Jersey. I ished during those same tragic mo- point in time, sometimes several worked in the World Trade Center. I re- ments. points in time, about what changed. member vividly traveling to my office The people who died left a loss that Our freedoms were substantially on the 67th floor of the Twin Towers binds our Nation, and today, in New chipped away. One can’t go anyplace— and looking out at the views from Jersey and across this country, we are and this affects all ages, including our those towers, thinking about how in- honoring them in many ways. young friends who are pages this year— vincible those buildings were, built without having an ID card, without with steel, concrete, a great design, a There are events in New Jersey, waiting in long lines, such as with hundred stories high. Nothing, you be- events we saw this morning at Ground transportation at an airport, without lieved, could ever happen there that Zero. We had our moment of silence seeing uniformed personnel all over, would provide some insecurity for and our gathering together outside to keeping an eye out for terrorists, un- those who were working in the build- hear some prayers and to listen to able to move with the same freedom we ing. I remind everybody that we had a some music that reminds us of the knew before 9/11. terrorist attack on the World Trade greatness of our country. Though it is 7 years ago that this ter- Center some years before 9/11, when In the city of Bayonne, we remember rible catastrophe happened, the fact is, people drove a truck loaded with explo- them at a monument called the Tear of on this day, as with any other day, I sives into the garage of the building, Grief because Bayonne is one of those stopped to have my car examined. I had and it was detonated with great dam- cities along the Hudson River from the dogs sniffing around to see if we age. But the building stood firm. Noth- which lots of people commuted to the were carrying anything that might rep- ing could shake the well-being of that World Trade Center. The World Trade resent a threat in our vehicles. Much of structure. But then we saw something Center each day would see more than it started with 9/11. different. 50,000 people come there. It was like Today we mark the seventh year I got to know many port authority whole cities across our country. That since America experienced the worst employees who perished when those is how big those buildings were. People terrorist attacks in our history. We as massive towers collapsed. The port au- would come—a lot by train, a lot by a nation honor the memories of the thority lost 84 of its own that day, in- subway, by all kinds of means—who Americans who died on that tragic day. cluding 37 members of the police de- would come from all around the area to We mourn with 3,000 families, including partment who died as they tried to res- go to work or to have meetings there. 700 families from New Jersey who lost cue others, people who ventured into So these are communities that are loved ones. Over the past 7 years, the dust and the heat and the destruc- along the river, such as Bayonne. wives, sisters, husbands, and sons have tion of the building trying to help oth- Hoboken I was there at the dedica- worked to rebuild their lives, their ers. They gave their lives, knowing tion of a little park along the water- families, and their futures. They came very well that the position they were side that is called the Pier ‘‘A’’ Park. from every walk of life, from every eco- taking was one of great vulnerability, In Leonia—another town along the nomic background. They have forged but they did it in any event. way—we remember them with two

VerDate Aug 31 2005 23:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.012 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8337 granite towers that stand there as a re- years ago today, our Nation experi- At this time, we share in the griev- minder. In Jersey City there was a me- enced the greatest of tragedies. The ous anguish that will always exact an morial put there called the Grove of United States was brutally and delib- unbearable toll on those convening to Remembrance in Liberty State Park, erately attacked. Terrorists took inno- pay homage to family and loved ones just under the shadow of the Statue of cent American lives on sovereign lost at Ground Zero in lower Manhat- Liberty—historic places. American soil. tan, in Shanksville, PA, and in the But the best monument to those who This tragedy was brought to our Pentagon, where today there will be a died that day is to learn from the expe- shores by those who seek to destroy ceremony, marking the official dedica- rience and to bring those perpetrators the American dream. The perpetrators tion of the Pentagon Memorial which to justice and make our country safe. declared war on the clearest symbols of will pay tribute to the 184 lives lost in After that group of madmen destroyed our way of life: The Twin Towers in the Pentagon and on American Airlines the World Trade Center and damaged Manhattan, the center of American flight 77. Amid the arduous trial and the Pentagon, we vowed to search for capitalism and prosperity; the Pen- pain that this date in our history those who orchestrated these terrible tagon in Arlington, VA, a building that evokes, we find mutual solace in the acts and to make them pay for their represents the strongest guarantor of revelation that none of us grieves alone atrocious deeds. But we know they are freedom in history. A third target, ei- that, on this day, those whom we will still out there. In fact, 2,558 days since ther the White House or the U.S. Cap- never know are kept in our thoughts 9/11, terrorism is on the rise, more itol, was spared only because of the and prayers and that there are no threatening, perhaps more obvious brave and selfless passengers aboard strangers among us only Americans. than at any time, more obvious than at United Airlines Flight 93, which While we will never escape the un- any time predating 9/11. crashed near Shanksville, PA. speakable horror and inconsolable dev- Terrorism is there challenging us in The Civil War once tested the surviv- astation that this anniversary rep- places around the world, especially in ability of a nation founded on the con- resents to each and every one of us, at our own country here. Al-Qaida is on cept that every citizen is endowed with the same time, we cannot help but re- the move. Osama bin Laden is still on fundamental freedoms. In the 7 years call the countless remembrances of the the loose. What has happened? We have since September 11, we have tested indomitable spirit of the American to continue the pursuit of these per- America’s devotion to these founding people, who have, time and again, dem- petrators so we can say to the people principles, bringing to this body a de- onstrated a collective resilience and re- who are innocently living their lives bate over where to draw the line be- solve to battle back despite inexpress- that they need not be worried about a tween protecting liberties and pre- ible sorrow, and who have displayed a terrorist attack. But we have not done venting another attack. As a nation, I courageous summoning of purpose to that yet. We still have to continue our believe we have found a balanced solu- move forward in the face of wrenching obligation. tion to this challenge. And when we re- desolation. And so this year, as in We have a ruthless enemy out there, member and defend the truths our times past, we face the indescribable one whose front line is our homefront. founding fathers knew to be self-evi- inhumanity of those dark morning The stretch from Port Newark, NJ, our dent, we strengthen them for the next hours, but we are renewed and buoyed harbor, to Newark Liberty Inter- generation. We have done this all the by the unfolding story from 2001 to the national Airport is defined by the FBI while defending this great nation from present of a resurgent nation that will as the most dangerous 2-mile stretch in another attack. And that is an accom- overcome any adversity, no matter the country that invites a terrorist at- plishment worth noting. how perilous or daunting. tack. I say, again, we had to fight to I know that in this hyper political And nowhere is that inspiration, get funding to protect to the fullest ex- season, we sometimes fail to see be- heart, and character more prevalent tent we could that area, that target yond daily politics and rhetoric. But it than in our recollection of the heroic that, if attacked, would injure or kill is my hope that as we continue to ex- sacrifice and noble devotion of fire- as many as several million people. It is amine our freedoms in the context of fighters, police officers, and rescue a highly populated area, with a big fighting terrorism, we will not lose workers. The fearless and selfless ex- chemical manufacturer there. We had sight of what they mean for us here at ample of seemingly ordinary Ameri- to have assistance from the Federal home. This morning, President Bush cans performing extraordinary deeds in Government to make sure we mounted dedicated the Pentagon Memorial in the service of others will serve through as much protection as we could. remembrance of 184 innocent Ameri- time immemorial as an enduring and On the anniversary of 9/11, we com- cans taken from us that morning. We powerful testament that good will tri- memorate the memory of those who do not identify the fallen as old or umph over evil and that those benevo- perished 7 years ago, and we stand with young, man or woman, black or white, lent forces that would seek to uplift their families whose future is our Jewish or Protestant. We identify them humankind will ultimately prevail cause. It is critical for their future, for as fellow Americans, all deserving of over those treacherous elements that their families, our families, that we the same inalienable rights. would conspire to bring it down. continue to protect the country the I thank and pray for our troops over- Time can never diminish the caval- victims died for, the loved ones they seas, fighting to keep us safe here at cade of emotions we experience as we left behind, and the freedoms they hold home. I thank and pray for the sur- strive to comprehend how such vicious dear. vivors and families of those who have savagery could exist in the world and I yield the floor with a thought as to fallen in the defense of this great Na- could be perpetrated so ruthlessly the pictures I saw of what the reaction tion. And I thank and pray for all those against innocent people. And those was from people around the world when who remind us why this nation is feelings only intensify when we put they saw the attack on America that worth defending. The United States faces with names, and they become es- day. One picture was taken in Israel, a will indeed persevere and will continue pecially personal when we reflect upon very dear, vital friend to America. In to serve as the finest example of a na- Mainers whom we have lost—Anna Al- that little country, that tiny country, tion founded and dedicated to Liberty lison, Carol Flyzik, Robert Jalbert, people were weeping for America, cry- and justice for all. Jacqueline Norton, Robert Norton, ing giant tears—this small country for Ms. SNOWE. Mr. President, on this James Roux, Robert Schlegel, and Ste- the giant—to put things into perspec- solemn occasion in our national life, phen Ward. Their lives were tragically tive to understand how this attack we pause with deep-seated reverence to cut short, but their memory is eter- menaced everybody in the world no remember and honor those who per- nally etched upon our hearts. matter what their distance was from ished in the terrorist attacks on Sep- As we confront once again these us, that they cried for America. We tember 11, 2001, and we do so pro- unforgivably grave and wicked injus- must not permit such an act of ter- foundly mindful of those families and tices, we are also gratefully sustained rorism to happen again. loved ones whose lives have been for- by the supreme service and unfailing Mr. SMITH. Mr. President, on an oth- ever altered by the heinous events of 7 contribution of our exceptional men erwise beautiful September morning 7 years ago. and women in uniform who protect and

VerDate Aug 31 2005 23:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.031 S11SEPT1 smartinez on PROD1PC64 with SENATE S8338 CONGRESSIONAL RECORD — SENATE September 11, 2008 defend our way of life. Whether on I had the privilege—and it really has Some on this floor and a lot of people shores or soil here at home or around been a privilege—to be in the area on the campaign trail say no terrorists the globe, their steadfast sense of duty where the terrorists were, I think, were in Iraq prior to the liberation. and bravery are an inspiration to us more than any other Member. I have Evidence has shown the contrary. I say all, their commitment steels our deter- made some 18 trips, maybe more than this because, first of all, if there had mination, and their valor and profes- that, to Africa, the Horn of Africa, never been even a discussion of weap- sionalism steady our hand in an uncer- Iraq, Afghanistan, and that area. We ons of mass destruction, just the things tain world. have taken away al-Qaida’s base of op- that this guy had done to the hundreds Like every American, I vividly re- erations, freedom of movement, forcing of thousands of people was enough jus- member every detail of the morning of them into the no-man’s land between tification for going in. We, as a free na- September 11, 2001, and how the day Pakistan and Afghanistan. We have tion, cannot allow that type of thing to began with such beautiful blue skies, trained the Afghan National Army as happen. only to end with a nation grief-strick- they have grown to 65,000 troops. I am Now we find, yes, there were terrorist en and stunned in utter disbelief. In proud of this accomplishment. It was training camps there. Sargat was an Washington, DC, I watched the images Oklahoma’s 45th in charge of training international training camp in north- along with the rest of the world. Later, the Afghan Army. I was over there, and eastern Iraq near the Iranian border. It as the Sun set over the National Mall I saw the pride in the faces of the Af- was run by Ansar al-Islam, a known still capped by smoke billowing from ghans as they were learning to defend terrorist organization. Based on infor- the wound in the side of the Pentagon themselves, learning to fight, learning mation from the U.S. Army Special I joined my colleagues in the House to fight with dignity. We have trained Forces, operators who led the attack and Senate on the Capitol steps in the Afghan National Army as they on Sargat said it is more than plausible singing, ‘‘God Bless America.’’ have grown to 65,000 troops, and they that al-Qaida members trained in that We sang to send a message to the are on track to meet their mandated particular area. The Green Berets dis- country and to the world that we would strength of 82,000 by 2009. covered among the dead in Sargat for- never be deterred that freedom is We have defeated the Taliban in eign ID cards, airline ticket receipts, forged by something far more resolute every encounter and have killed or cap- visas, and passports from Yemen, than any act of terror a conviction tured over 60 of their senior leaders. We Sudan, Saudi Arabia, Qatar, Morocco, that has only strengthened with each helped Afghanistan rebuild its infra- and many other places. anniversary. While we extol those structure with over 1,000 bridges and Salman Pak was the name of another whom we have lost, we hold fast to the 10,000 kilometers of roads. There are city there. That is where we found the belief that the greatest memorial is to now more Afghan children in school fuselage of a 707. That is where they embrace all that we have retained as a than at any other time in history. were training people—all the evidence nation from our inception and that the That is something we seem to forget, was there—to hijack airlines. That was principles of liberty and justice and the turning to Iraq, what is happening a terrorist training camp. That is in primacy of self-government cannot be right now and the impact this is having Iraq. extinguished that we as a people will in the Middle East where for the first I don’t think we will ever know endure as long as we persevere shoul- time in the history of that country whether the perpetrators of the trag- der-to-shoulder as Americans. there are women going to school. They edy 7 years ago today were trained in Mr. President, I yield the floor, and I have been liberated from a tyrannical Salman Pak. I don’t think there is any note the absence of a quorum. leader. way of ever knowing that. Certainly, The PRESIDING OFFICER. The I was honored back in 1991 to be on that is what they were doing at that clerk will call the roll. what was called the first freedom time. The assistant legislative clerk pro- flight. It was Democrats and Repub- So in the aftermath of September 11 ceeded to call the roll. licans. Tony Coelho was there and sev- we have worked together to do things Mr. INHOFE. Mr. President, I ask eral others. But also the Ambassador to preclude this kind of attack from unanimous consent that the order for from Kuwait to the United States was happening—the PATRIOT Act, we cre- the quorum call be rescinded. there. This was in 1991 at the end of the ated the Department of Homeland Se- The PRESIDING OFFICER. Without first gulf war. It was so close to the end curity, the position of Director of Na- objection, it is so ordered. of it that Iraq did not know it was over tional Intelligence to try to coordi- Mr. INHOFE. Mr. President, we have yet. They were still burning the fields nate. had two ceremonies today: one at the off. One of the things I remember when I Pentagon and one on the west steps re- The Ambassador and his daughter— came to the Senate from the House in membering what happened 7 years ago. he had a 7- or 8-year-old daughter— 1994 is my predecessor was David Boren I think everyone remembers what they wanted to see what their mansion on who happened to have been the chair- were doing at that time 7 years ago. It the Persian Gulf looked like because man of the Senate Intelligence Com- happens that was the time I had the they had not seen it during the war. mittee. He said: I am hoping you may State chamber of commerce from my When we got there, we found it was be able to do something I have never State of Oklahoma in. I was speaking used by Saddam Hussein for one of his been able to do, and that is to get all with them. I remember so well being on headquarters. The little girl wanted to these competing intelligence agen- the ninth floor of the Hart Building go to her bedroom and see her little cies—such as DIA and others—to work where we had a panoramic view. They animals. Saddam Hussein had used together. That wasn’t happening until were looking at me, and I saw all this that bedroom for a torture chamber. 9/11. That shock treatment is what it smoke going up, not having any idea There were body parts there. took to get people to work together. In what it was. I actually witnessed what During that period after 1991, many doing so, we know many potential at- happened at the Pentagon. of us had the opportunity to look into tacks on our country have been pre- Today as we think back, most of us the open graves, to see what a tyran- vented. know someone or have a friend who nical person this was, hear the stories When we look at what we are com- was killed on that fateful day in the from firsthand observers who said peo- memorating today and the people we greatest, most significant raid on our ple were begging to be dropped into the know, the loved ones we lost, we recog- land in our country’s history. Seven vats of acid head first or into the nize we have done some things we years later, we continue to fight for grinders. should have done before probably. the oppressed and, more importantly, Weapons of mass destruction were Those of us who have traveled to Israel help the oppressed to fight for them- used on the Kurds up north, and hun- know they live from day to day not selves. With our coalition of partners dreds of thousands of people were knowing if, when they are sitting in a and allies, we continue to take the killed. The way he killed them with coffee shop, it is going to blow up or fight to the enemy of our place of the type of gas, it was like burning when getting on a bus there are going choosing, keeping them there instead yourself up from the inside. People de- to be bombs going off. They have of here. scribed what the people went through. learned to live with it. We now have

VerDate Aug 31 2005 23:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.042 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8339 learned the lesson of 7 years ago. We the deadly consequences of these invis- Mr. President, I yield the floor, and I have taken precautions. We have pre- ible wounds cannot be ignored. suggest the absence of a quorum. vented attacks from happening. We I am deeply troubled by the latest in- The PRESIDING OFFICER. The have evidence of all kinds of things— formation we have received from VA. clerk will call the roll. water systems that were going to be The number of veterans lost to the The legislative clerk proceeded to contaminated—and we think of the enemy of suicide is rising. Suicide call the roll. tragedy of 7 years ago today. among Iraq and Afghanistan-era vet- Mr. THUNE. Mr. President, I ask If we look at the potential tragedy of erans is at an alltime high. The most unanimous consent the order for the an incoming missile hitting a major recently recorded year—2006—saw 113 quorum call be rescinded. city in America, we would be looking Iraq and Afghanistan-era veterans lost The PRESIDING OFFICER. Without at maybe 300,000 people. That is what it to suicide, almost as many as we lost objection, it is so ordered. is all about now: making sure nothing in the years 2002 to 2005 combined. This AMENDMENT NO. 5413 of this dimension or anything else will is disturbing. Mr. THUNE. Mr. President, I rise happen again. Iraq and Afghanistan veterans are today to speak to amendment No. 5413. This is a very special day, and it is not the only ones suffering from serv- I hope at some point to be able to call one that is very meaningful to most of ice-related mental health injuries. In- up that amendment and perhaps have us—I think to all Americans. One thing deed, the number of veterans found to it either included as part of the man- we can do is remember, remember that have service-connected PTSD is not agers’ package or have it debated and terrorists are still out there. I was just rising, it is rising several times voted upon. Let me explain a little bit asked on a radio show this morning: faster than service-connected disabil- about the history of this and why I There are so many people out there ities overall. Nor are suicide and men- think this is so important to our Na- saying, why don’t you just forget this tal health only a matter of concern tion’s military. among discharged veterans. Recent thing? That was 7 years ago. Why keep The Defense Department authoriza- news reports show that suicides among bringing it up? Why keep stirring it tion bill we have before us is a critical Active-Duty soldiers are positioned to up? Why can’t we get beyond that? piece of legislation that we need as a reach an alltime high, exceeding last My response was we cannot do that Congress to deal with before Congress year’s record number. because of what happened to so many adjourns. We have done that for the Much is being done to protect and past 42 years. It sets the policy and the people. But more importantly than heal veterans with mental health framework and funding for matters that is this is a constant reminder. issues. VA has expanded mental health that are important to our men and Every year we need to be reminded outreach. The Vet Centers, run largely women in uniform and important to that there are terrorists still out there. for vets and by vets, offer a safe haven They hate everybody who is in this and readjustment counseling. For making America safe and secure as we building, and they hate this building. those in desperate need, VA now oper- head into the future. I believe this You think about what could have hap- ates a 24-hour suicide hotline. In the 1 amendment fits right in with that pened 7 years ago if those very brave year it has been operating, they have overall objective. The amendment to people in Pennsylvania hadn’t stopped received tens of thousands of calls and which I speak today will advance inno- what was happening. This dome, most performed over a thousand rescues of vative Air Force programs that are al- likely, would not be here. It was an veterans about to take their own lives. ready positively affecting the critically easy target. That is the reminder. Unfortunately, these efforts are not important and complex issue of energy The terrorists are still out there. enough. Veterans are committing sui- policy. As I said, that is a national se- They still want to kill us. They are cide at a higher rate than their civilian curity issue as well. still cowards. They still have no coun- counterparts. A recent RAND study Furthermore, this amendment will try and they have no cause, except to found that nearly three out of four vet- expand these valuable programs to destroy us. So this reminder is here erans in need of mental health care re- other Department of Defense services. today, and I just, at this time, want to ceive inadequate care or no care at all. As we all know, the issue of fuel pay homage once again to the families This cannot be acceptable to a nation prices has significant implications not of all those who lost their loved ones in intent on protecting those who wear its only for our economic security, but the tragedy that took place. uniform. More must be done in the also for our military. In fact, the De- Mr. President, I yield the floor, and I days ahead, and not just by VA. partment of Defense is the largest sin- suggest the absence of a quorum. This Congress took an important gle consumer of fuel in the United The PRESIDING OFFICER. The step by passing the Joshua Omvig Sui- States. clerk will call the roll. cide Prevention Act. But in the final Consider this: In the last 4 years, the The bill clerk proceeded to call the weeks of this session, comprehensive Air Force fuel bill has tripled. Further- roll. veterans mental health legislation is more, the Air Force spent over $6 bil- Mr. AKAKA. Mr. President, I ask still waiting for a vote in the House. lion buying energy last year, even unanimous consent that the order for Through S. 2162, the Veterans’ Mental though they used 10 percent less than the quorum call be rescinded. Health Care Improvement Act, which the year before. This is a substantial The PRESIDING OFFICER. Without passed the Senate with unanimous sup- sum, and I can almost guarantee it will objection, it is so ordered. port, Congress can do more to prevent cost the Air Force more next year to f veteran suicide. Congress can strength- buy the same amount of energy. As the lead paragraph in an article headlined NATIONAL DEFENSE AUTHORIZA- en veterans’ mental health care, out- ‘‘Worries of Rising Fuel Costs Extend TION ACT FOR FISCAL YEAR reach, support the homeless, services for families, and leverage community to DoD’s Budget’’ published in Defense 2009—Continued resources. I hope this critical legisla- News on May 19, 2008, noted: Mr. AKAKA. Mr. President, I rise tion will become law before this Con- The skyrocketing cost of fuel isn’t just hit- today to speak about the growing rate gress ends. ting U.S. drivers in the pocketbook—it’s of suicide among Iraq and Afghanistan- PTSD and other service-related invis- blowing a bit of a hole in the Pentagon’s era veterans. For all that is being done ible wounds are real injuries. They are budget as well. in this country to support our troops in also an enemy to veterans, to the fami- I ask unanimous consent that the en- battle, we must remember this truth: lies who support them, and to all tirety of this Defense News article be For many veterans, their battles do Americans. It is not enough to bring printed in the RECORD at the conclu- not end when they return from the war. our troops home; we must support sion of my remarks. Instead, war returns home with them them when the battle follows them The PRESIDING OFFICER. Without and within them. That is a truth. In- home. It is unacceptable that veterans objection, it is so ordered. (See exhibit stead, they face an enemy that is hard who come home safely later lose their 1.) to understand and harder to defeat. lives to the enemy of suicide. We must Mr. THUNE. We are at a moment in Their wounds and their enemy are un- do more to support those who have our history when we must move toward seen, but the reality and sometimes served us. more secure, domestic energy sources.

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.021 S11SEPT1 smartinez on PROD1PC64 with SENATE S8340 CONGRESSIONAL RECORD — SENATE September 11, 2008 One need look no further than the dramatic effect on the domestic avia- At the end of the day, we need to embargos of the 1970s or the recent oil tion and fuels industries. With the Air adopt this amendment. It will be a sav- price spikes or the Russian-Georgian Force and the other services of the De- ings to our military services and a sav- conflict to see the negative implica- partment of Defense leading the way, it ings to the taxpayer. As I said before, tions of relying on foreign sources for is likely commercial airlines and fuel there is a requirement in this amend- the preponderance of our energy needs. producers will see the increasing via- ment that, whatever that source is, it Additionally, continuing to fund un- bility of these fuels and wish to build be greener than petroleum-based fuels friendly foreign regimes grows increas- on these efforts. To further civil-mili- used today. ingly untenable by the day, and we tary cooperation, the amendment also It has already been tested on a num- should look to produce lower cost do- encourages the services to partner with ber of aircraft. The Air Force intends mestic alternatives that stop this cap- the commercial aviation industry to to move in the year 2016 to 50 percent, ital flight. engage in further research and develop- and I hope the other services will fol- It is well past time that we further ment. low. This amendment will see that hap- the development of these lower cost do- To encourage feedstock diversity, the pens. I hope my colleagues will adopt mestic alternatives through respon- language in the amendment is not spe- it. sible public policy. cific regarding fuel source, and pro- Given this context, I am proud to re- ducers could use anything from cel- EXHIBIT 1 port that the U.S. Air Force has al- lulosic ethanol to biodiesel. [From Defense News, May 19, 2008] ready become a model for Government Ultimately, this amendment posi- WORRIES OF RISING FUEL COSTS EXTEND TO leadership in these areas. We should tively impacts energy policies in this DOD’S BUDGET now expand these Air Force programs country at no additional cost to the (By William H. McMichael and Rick Maze) to the other Department of Defense American taxpayer. Simply put, if the The skyrocketing cost of fuel isn’t just hit- services, as these valuable programs alternative fuels cost more than con- ting U.S. drivers in the pocketbook—it’s will undoubtedly pave the way for in- ventional fuels, the Department of De- blowing a bit of a hole in the Pentagon’s creased public-private cooperation. fense doesn’t have to buy them. In ac- budget as well. One example of Air Force leadership tuality, it is likely to actually lower DoD officials have asked Congress to ap- in this area is evident in existing pro- the cost of these fuels by inducing mar- propriate another $3.69 billion for all fuels— grams to find alternatives to increas- ket based competition among synthetic an increase of $2.2 billion from their initial ingly expensive aviation fuel. Not only fuel producers. request—according to a revised request for has the Air Force already flight tested Some may argue this amendment is a supplemental war funding for fiscal 2009, sub- the B–52, B–1, C–17, KC–135, F–15, and Government giveaway program or that mitted May 2. it is specially tailored to benefit a spe- That, of course, looks far ahead and could F–22s on a 50 percent synthetic fuel still prove to be inadequate. According to blend, it has plans to certify its entire cific industry. This is simply not true. Pentagon budget documents, the request inventory on this synthetic fuel blend This amendment does not specify a spe- would support a crude oil price of $97.19 per by 2011. Moreover, the Air Force is cific feedstock from which to make barrel—and also assumes the military’s over- dedicated to procuring at least half of fuels, nor does it offer loan guarantees all fuel costs will drop by 4.8 percent. its fuel needs from environmentally or tax incentives to any specific indus- The current world price, however, has friendly, domesticaly produced, syn- try. climbed to and is hovering around $120 per thetic fuel blends by 2016. We are at the beginning of a long en- barrel, and many analysts think rising glob- We should now call for the other ergy crisis which is already one of the al demand and other factors will keep prices services to do the same. We should seek defining issues of our time. If Govern- high. to understand how the Department of ment agencies are going to be part of And 2009 isn’t the only concern; the Pen- the solution, we need sound, respon- tagon needs more money for fuel to cover the the Army and the Department of the remaining five months of this fiscal year. sible public policy that allows them to Navy can also use these fuels and how This would come by way of the $108 billion the buying power of the entire Depart- partner with industry and solve these war supplemental appropriation request, ment of Defense can achieve effi- important problems. This amendment which has yet to be approved. ciencies and decreased costs due to is exactly this type of policy. The Pentagon has asked for a total of $1.9 large economies of scale. I hope my colleagues will support it. billion for fuel, an increase of $281.4 million Because they are the largest user of I hope, before we complete action on over its original supplemental request. fuel in the Department of Defense, this the Defense authorization bill, that we All told, that’s an additional $2.48 billion amendment specifies that the Air will have an opportunity to call up on top of the amounts included in the Penta- Force continue to be on the leading some of these amendments, to have gon’s 2008 and 2009 base budgets—and Defense edge in finding lower cost, domesti- them debated, have them voted on or, officials already acknowledge the 2009 sup- cally produced alternatives to conven- at a minimum, to have them accepted plemental request won’t cover that entire fiscal year. tional aviation fuels. The amendment as part of a managers’ package. But, in one way or another, I hope this very That would buy the Air Force another 19 dictates that the Air Force continue to F–22 fighters, or the Marine Corps 36 MV–22 certify its entire fleet on a synthetic important issue of energy security can Ospreys. fuel blend and to press forward in its be addressed in the Defense authoriza- In the seven months ending in March, the efforts to acquire half of its domestic tion bill through the acquisition of Pentagon’s average monthly cost for its fuel requirement by 2016 from a domes- fuels our services use to supply their most-used jet fuel, JP–8, rose 34 percent, tically sourced alternative fuel blend. energy needs and addressed in a way from $2.34 to $3.13 per gallon, according to To protect the American taxpayer, it that not only helps America’s energy the Defense Logistics Agency (DLA). is important to note this acquisition security with regard to lessening this The cost of JP–5, used primarily by Navy would only occur if the price is less addiction we have to foreign sources of jets operating from the sea, increased from than or equal to the market prices for energy, but I also believe it will make $2.22 to $2.94 per gallon. Regular gasoline jumped from $2 to $2.79 petroleum based fuels. our country safer because I think this To protect the environment, the per gallon, or 40 percent, over the same pe- is a national security issue that forces riod. Only diesel fuel’s rise was negligible, amendment specifies the fuel is us to rely upon countries around the increasing just 5 cents per gallon. ‘‘greener’’ than conventional petro- world that are hostile to our interests. The Pentagon’s prices normally do not leum based fuels. On this second point, I believe that becoming energy inde- fluctuate much because DLA’s Defense En- it is important to note there has been pendent means we have to lead by ex- ergy Support Center (DESC) buys in bulk recent uncertainty over section 526 of ample. Our Air Force has stepped up to and sells fuel to the individual services at a the Energy Independence and Security that challenge. I hope the other serv- ‘‘standard price’’ based on market projec- Act of 2007. The intent of this amend- ices will follow. tions for the ensuing year, according to DLA ment is that the lifecycle emissions of As I said before, this amendment spokesman Jack Hooper. these fuels will be lower than pending does not require any particular feed- In September 2007, for example, DESC set stock. It is neutral with regard to the the standard price of JP–8 at $2.31 per gallon. Department of Energy and Environ- In a less volatile market, that price might mental Protection Agency baselines whole issue of whether that comes have been good for the next 12 months. But for conventional petroleum fuels. from cellulosic or whether that comes the market forced a change and in December, A binding authorization for the Air from biodiesel or whether that comes DESC raised its price for JP–8 to $3.04 per Force to acquire this fuel will have a from coal to liquids. gallon.

VerDate Aug 31 2005 02:36 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.003 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8341 The House Armed Services subcommittee emotion by saying, ‘‘It’s devastating prises only 1 percent of the overall on readiness approved legislation May 8 to when one of your coworkers loses a market and therefore no longer drives require the secretary of Defense ‘‘to consider family member, but losing a child at that market. the full burdened cost of fuel and energy effi- such a young age is really heart- The DOD is currently depending on a ciency in the requirements development and single company, IBM, for high end acquisition process,’’ said Rep. Randy Forbes breaking. Children are not supposed to of Virginia, the panel’s ranking Republican. die before their parents.’’ semiconductors through the DOD Justin’s fallen comrade, Victor Isler, Trusted Foundry Program. This pro- The PRESIDING OFFICER (Mr. joined the Salisbury Fire Department a gram was put in place in 2004 as a stop- SALAZAR). The Senator from North few days after Justin came on board. gap measure. The February 2005 report Carolina is recognized. Victor moved to North Carolina from by the Defense Science Board Task HONORING FALLEN SALISBURY, NORTH CAROLINA New York, where he served as a medic Force on High Performance Microchip FIREFIGHTERS with the New York City Fire Depart- Supply stated that the Trusted Found- Mrs. DOLE. Mr. President, it is with ment and helped save countless lives ry Program is an interim source of a heavy heart that I rise today, on this when our Nation was attacked on Sep- high performance ICs and a good start solemn anniversary, to pay my re- tember 11. At age 40, Victor decided to in addressing the immediate needs for spects to all of the dedicated emer- head south and join the Salisbury de- trusted sources of IC supply. The gency responders who have made the partment. A devoted husband to his Trusted Foundry Program does not ad- ultimate sacrifice to protect our citi- wife Tracy and the proud parent of two dress critical design software and de- zens. We all remember with great sad- teenagers, he quickly became a father sign systems which are also subject to ness the horrendous loss of life at the figure to many of the department’s tampering. It is strongly recommended Twin Towers and the Pentagon on that younger firefighters. that the Trusted Foundry Program fateful morning, including the tragic Victor’s childhood best friend, Chris continue to be a key part of the overall loss of so many firefighters, police offi- Damato, also served in the Salisbury strategy and the volume of parts that cers, and other first responders who he- department. On the day after Victor go through it increased. However, since roically rushed into danger, risking gave his life, Chris’ wife gave birth to that report was written, the trend of their own lives to save the lives of oth- a little boy, named Nicholas Victor as migration of semiconductor manufac- ers. a tribute to their dear friend. turing overseas has continued, and it is Nationwide, the men and women of Our firefighters are always there in now urgent to augment the Trusted our emergency response forces, like of need. Very sadly, our commu- Foundry by a more comprehensive ap- comrades in arms of those New York nities sometimes lose some of their fin- proach for the procurement of trusted and Washington first responders, share est public servants like Justin Monroe parts that includes acquisition of parts a common sense of purpose and dedica- and Victor Isler. Their sacrifice serves from ‘‘nontrusted’’ sources. tion to defending their communities in as a somber reminder of the dangers There are several issues which need times of peril. these men and women face each and to be addressed and they are the driv- Today, I would also like to honor the every day. We owe all of our coura- ers for this legislative provision. First, memories of two brave firefighters geous firefighters and first responders the DOD must have assurance of de- from my hometown of Salisbury, NC a tremendous debt of gratitude for pendable, continuous, long-term access who died in the line of duty this year. their selfless commitment to keeping to mission critical semiconductors In March, the Salisbury Fire Depart- us safe. from both foreign and domestic sources ment lost two of its finest, Justin Mon- As we join together as a Nation to re- for its potentially vulnerable defense roe and Victor Isler, while they were member September 11, and the courage systems. Such access needs to be inde- battling a blaze that may have been and sacrifice demonstrated by count- pendent of the commercially driven de- the worst in our town’s history. Both less Americans on that day, my cisions made by individual companies men left behind many heartbroken thoughts and prayers are also with Jus- and foundries. DOD needs for inte- family members and friends—and a tin and Victor’s loved ones and every- grated circuits include high end semi- grieving community. one who has been affected by these conductors, custom application specific Our thoughts have also been with tragedies. I join with my neighbors and integrated circuits, ASICs, and field several other Salisbury firefighters the entire Salisbury community in programmable gate arrays, FPGAs. who suffered burns and other injuries mourning their loss, and pray that Second, there must be assurance of while trying to rescue their comrades they find solace in the knowledge that trust of the semiconductors installed and contain the fire. As they continue these men are remembered as heroes of on systems procured through Defense to heal from that tragic day, I hope the highest order, an inspiration to us contractors and subcontractors from they know that our thoughts and pray- all. ‘‘nontrusted’’ sources. Assurance of ers are continuously with them. Mr. LIEBERMAN. Mr. President, in trust means assurance that the semi- As a young boy, Justin Monroe the fiscal year 2009 Defense Authoriza- conductor has not been tampered with dreamed of fighting fires. While in high tion Act, S. 3001 is section 256, Assess- or modified in any way, and performs school, he enrolled in the Millers Ferry ment of Standards for Mission Critical the functions required—and no other Volunteer Fire Department’s junior Semiconductors Procured by the De- functions. It also requires assurance firefighter program, and in June of partment of Defense. that the design and design systems, 2007, he accepted his dream job at the The objective of this provision is to fabrication, packaging, final assembly, Salisbury Fire Department. Justin was provide the DOD with assurance of de- and test of semiconductors are free proud of his work and looked forward pendable, continuous, long-term access from tampering. The legislative provi- to each and every day at the depart- to trusted, mission critical semi- sion addresses each of the concerns ment. He was even studying for his fire conductors from both foreign and do- stated above. It is recommended that technology degree at a local commu- mestic sources. In order to assure the Department of Defense inventory nity college. trust, the provision recommends the and implement the best methods cur- Justin’s mother Lisa was working at use of verification tools and techniques rently available for assuring trust. It Salisbury’s Rowan Regional Medical on commercially procured semiconduc- needs to put in place an overall policy Center when she learned that at least tors. and direction, as well as a plan for the one firefighter had perished and that The manufacture of semiconductors procurement of semiconductors that several others had been injured fight- has continued to migrate to off-shore assures continuous access and trust as ing the fire at Salisbury Millwork, a foundries, particularly to foundries in described above. It also needs to assure manufacturer of custom woodwork. China. The few high end semiconductor that there is sufficient oversight in im- Her greatest fear as a parent was real- manufacturers in the U.S. are driven plementation of the plan for the acqui- ized when the body of her 19-year-old by commercial interests and cannot be sition of critical semiconductors, em- son, who had been living with her at depended upon to supply the needs of ploying new or improved techniques home, was brought into the hospital. the Deptartment of Defense for the and approaches as they become avail- One of Lisa’s colleagues summed up the long term. The U.S. military now com- able through technological advances.

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.007 S11SEPT1 smartinez on PROD1PC64 with SENATE S8342 CONGRESSIONAL RECORD — SENATE September 11, 2008 Deliverables from the DARPA trusted process through bureaucratic ineffi- broken voting system and a refusal by circuits project, supplemented by pro- ciency. their elected leaders to fix it. cedures to assure trust in design, pack- In order to prevent this disenfran- Mr. President, I subject the absence aging and assembly need to be em- chisement from happening again, I in- of a quorum. ployed. It should also be recognized troduced the Military Voting Protec- The PRESIDING OFFICER (Mr. NEL- that a comprehensive strategy needs to tion Act, or MVP Act, to require the SON of Nebraska). The clerk will call include acquisition of mass-produced DOD to collect our overseas troops’ the roll. commercial parts which have low risk completed ballots and expedite their The legislative clerk proceeded to of sabotage. delivery through express shipping. call the roll. The Under Secretary of Defense for Electronic tracking would be required Mr. HARKIN. Madam President, I Acquisition, Technology, and Logistics as well, so our troops would have the ask unanimous consent that the order is requested to be available to brief peace of mind of knowing their ballots for the quorum call be rescinded. Congress on its assessment of methods actually arrived at the election office. The PRESIDING OFFICER (Ms. and standards no later than December The MVP Act would markedly improve KLOBUCHAR). Without objection, it is so 31, 2009. These need to be done in con- the current system and help protect ordered. sultation with the intelligence commu- our troops’ right to vote. f nity, private industry, and academia. But yesterday, when I asked to bring ADA AMENDMENTS ACT OF 2008 Mr. CORNYN. Mr. President, the this important, time-critical legisla- right to vote is one of the most cher- tion forward as an amendment to the Mr. HARKIN. Mr. President, I ask ished civil rights, enshrined in the DOD authorization bill, the majority unanimous consent that the Senate 15th, 17th, and 19th amendments of the objected, saying they needed to hear now proceed to Calendar No. 927, S. Constitution. It is the cornerstone of from the Rules Committee first. My 3406, a bill to restore the intent and democratic government, and it is what legislation would apply only to mili- protections of the Americans with Dis- makes us a government ‘‘of the people, tary servicemembers. We are working abilities Act of 1990; that the bill be by the people, and for the people.’’ on the DOD authorization bill, so I am read three times, passed, and the mo- Throughout our history, whenever we not sure why members of the Armed tion to reconsider be laid upon the have seen people deprived of this right, Services Committee need to wait and table, without intervening action or whether by law or by practice, brave see what the Rules Committee thinks debate; that upon passage, Senator Americans have stood up to fight for of an amendment this important. I am HATCH and I be recognized to speak for their right to vote. Today there is a left scratching my head. a period not to exceed 40 minutes total. significant portion of our population Rather than even considering this The PRESIDING OFFICER. Without that has been disenfranchised. legislation, and debating how best to objection, it is so ordered. The bill (S. 3406) was ordered to be Today, the very men and women who fix our broken military voting system, engrossed for a third reading, was read have joined the military to defend our Democrats cited weak excuses for the third time, and passed, as follows: right to vote have been effectively cut blocking this amendment. With a na- out of the democratic process. Make no tional election looming, and a dis- S. 3406 mistake; this is one of the most impor- graceful track record over the past two Be it enacted by the Senate and House of tant civil rights issues we face today, election cycles of our widespread troop Representatives of the United States of America in Congress assembled, and we cannot afford to delay action to disenfranchisement, I am dumbfounded SECTION 1. SHORT TITLE. address it. as to why my colleagues would put off This Act may be cited as the ‘‘ADA The Secretary of Defense has dele- this civil rights issue and effectively Amendments Act of 2008’’. gated the responsibility for safe- cheat our troops out of a better, more SEC. 2. FINDINGS AND PURPOSES. guarding the voting rights of our reliable system for voting from over- (a) FINDINGS.—Congress finds that— troops to an office called the Federal seas. (1) in enacting the Americans with Dis- Voting Assistance Program. Unfortu- Last night, the Rules Committee of- abilities Act of 1990 (ADA), Congress in- nately, as our troops serve on far-away fered me a counterproposal, which tended that the Act ‘‘provide a clear and bases overseas and fight in foreign the- seeks to make the implementation of comprehensive national mandate for the aters of conflict, the Department of De- these important improvements to our elimination of discrimination against indi- troops’ voting system optional. In es- viduals with disabilities’’ and provide broad fense’s Federal Voting Assistance Pro- coverage; gram has failed to protect their most sence, by making the implementation (2) in enacting the ADA, Congress recog- basic right as American citizens. This of this program optional, the Demo- nized that physical and mental disabilities in failure is twofold. crats are saying to our troops that no way diminish a person’s right to fully First, the DOD’s voting office has their civil rights are not guaranteed participate in all aspects of society, but that failed to adequately educate our men but an option. That is an outrage. people with physical or mental disabilities and women in uniform about how to I am afraid this is going to be just are frequently precluded from doing so be- vote. Second, it has failed to take ade- another item on a long list of critical cause of prejudice, antiquated attitudes, or quate steps to put in place a system issues the majority has put off, despite the failure to remove societal and institu- tional barriers; that provides our troops a reasonable calls for action from the American peo- (3) while Congress expected that the defi- opportunity to vote—one which en- ple. Another notable example is gas nition of disability under the ADA would be sures their votes are counted. prices—we have been waiting for over 2 interpreted consistently with how courts had Already, the DOD is required by law years to address gas prices, but still no applied the definition of a handicapped indi- to provide troops with voting assist- meaningful action from the majority vidual under the Rehabilitation Act of 1973, ance, and information on how to get leadership. Democrats have that expectation has not been fulfilled; ballots, and how to cast their votes. stonewalled and delayed qualified judi- (4) the holdings of the Supreme Court in But, its efforts have fallen woefully cial nominees and have yet to pass a Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases have narrowed short. A recent survey found that less single appropriations bill for the fiscal the broad scope of protection intended to be than 60 percent of troops knew where year that starts in less than 3 weeks. afforded by the ADA, thus eliminating pro- to obtain voting information on base. The rights of our troops to vote can- tection for many individuals whom Congress Of our overseas troops who did ask not fall victim to politics. Our military intended to protect; for mail-in ballots, less than half of men and women stand vigilant in the (5) the holding of the Supreme Court in their completed ballots actually ar- defense of freedom and help safeguard Toyota Motor Manufacturing, Kentucky, rived at the local election office. What the personal liberties of their fellow Inc. v. Williams, 534 U.S. 184 (2002) further is worse, many of those arrived late, Americans. Now, we must be every bit narrowed the broad scope of protection in- as vigilant in defense of their personal tended to be afforded by the ADA; resulting in them being rejected and (6) as a result of these Supreme Court thus not counted at all. liberties and civil rights. They will- cases, lower courts have incorrectly found in It is absolutely shameful that so ingly step into harm’s way to ensure individual cases that people with a range of many of our troops and their families the safety of their fellow Americans at substantially limiting impairments are not have been cut out of the democratic home, and they deserve better than a people with disabilities;

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.020 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8343 (7) in particular, the Supreme Court, in discrimination; others who have a record of plants or other implantable hearing devices, the case of Toyota Motor Manufacturing, a disability or are regarded as having a dis- mobility devices, or oxygen therapy equip- Kentucky, Inc. v. Williams, 534 U.S. 184 ability also have been subjected to discrimi- ment and supplies; (2002), interpreted the term ‘‘substantially nation;’’; ‘‘(II) use of assistive technology; limits’’ to require a greater degree of limita- (2) by striking paragraph (7); and ‘‘(III) reasonable accommodations or tion than was intended by Congress; and (3) by redesignating paragraphs (8) and auxiliary aids or services; or (8) Congress finds that the current Equal (9) as paragraphs (7) and (8), respectively. ‘‘(IV) learned behavioral or adaptive neu- Employment Opportunity Commission ADA SEC. 4. DISABILITY DEFINED AND RULES OF CON- rological modifications. regulations defining the term ‘‘substantially STRUCTION. ‘‘(ii) The ameliorative effects of the miti- limits’’ as ‘‘significantly restricted’’ are in- (a) DEFINITION OF DISABILITY.—Section 3 gating measures of ordinary eyeglasses or consistent with congressional intent, by ex- of the Americans with Disabilities Act of contact lenses shall be considered in deter- pressing too high a standard. 1990 (42 U.S.C. 12102) is amended to read as mining whether an impairment substantially (b) PURPOSES.—The purposes of this Act follows: limits a major life activity. are— ‘‘SEC. 3. DEFINITION OF DISABILITY. ‘‘(iii) As used in this subparagraph— (1) to carry out the ADA’s objectives of ‘‘As used in this Act: ‘‘(I) the term ‘ordinary eyeglasses or con- providing ‘‘a clear and comprehensive na- ‘‘(1) DISABILITY.—The term ‘disability’ tact lenses’ means lenses that are intended tional mandate for the elimination of dis- means, with respect to an individual— to fully correct visual acuity or eliminate crimination’’ and ‘‘clear, strong, consistent, ‘‘(A) a physical or mental impairment refractive error; and enforceable standards addressing discrimina- that substantially limits one or more major ‘‘(II) the term ‘low-vision devices’ means tion’’ by reinstating a broad scope of protec- life activities of such individual; devices that magnify, enhance, or otherwise tion to be available under the ADA; ‘‘(B) a record of such an impairment; or augment a visual image.’’. (2) to reject the requirement enunciated ‘‘(C) being regarded as having such an (b) CONFORMING AMENDMENT.—The Amer- by the Supreme Court in Sutton v. United impairment (as described in paragraph (3)). icans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended by adding Air Lines, Inc., 527 U.S. 471 (1999) and its ‘‘(2) MAJOR LIFE ACTIVITIES.— after section 3 the following: companion cases that whether an impair- ‘‘(A) IN GENERAL.—For purposes of para- ment substantially limits a major life activ- graph (1), major life activities include, but ‘‘SEC. 4. ADDITIONAL DEFINITIONS. ity is to be determined with reference to the are not limited to, caring for oneself, per- ‘‘As used in this Act: ameliorative effects of mitigating measures; forming manual tasks, seeing, hearing, eat- ‘‘(1) AUXILIARY AIDS AND SERVICES.—The (3) to reject the Supreme Court’s rea- ing, sleeping, walking, standing, lifting, term ‘auxiliary aids and services’ includes— soning in Sutton v. United Air Lines, Inc., bending, speaking, breathing, learning, read- ‘‘(A) qualified interpreters or other effec- 527 U.S. 471 (1999) with regard to coverage ing, concentrating, thinking, commu- tive methods of making aurally delivered under the third prong of the definition of dis- nicating, and working. materials available to individuals with hear- ing impairments; ability and to reinstate the reasoning of the ‘‘(B) MAJOR BODILY FUNCTIONS.—For pur- Supreme Court in School Board of Nassau poses of paragraph (1), a major life activity ‘‘(B) qualified readers, taped texts, or County v. Arline, 480 U.S. 273 (1987) which set also includes the operation of a major bodily other effective methods of making visually forth a broad view of the third prong of the function, including but not limited to, func- delivered materials available to individuals definition of handicap under the Rehabilita- tions of the immune system, normal cell with visual impairments; tion Act of 1973; growth, digestive, bowel, bladder, neuro- ‘‘(C) acquisition or modification of equip- (4) to reject the standards enunciated by logical, brain, respiratory, circulatory, endo- ment or devices; and the Supreme Court in Toyota Motor Manu- crine, and reproductive functions. ‘‘(D) other similar services and actions. ‘‘(2) STATE.—The term ‘State’ means facturing, Kentucky, Inc. v. Williams, 534 ‘‘(3) REGARDED AS HAVING SUCH AN IMPAIR- each of the several States, the District of Co- U.S. 184 (2002), that the terms ‘‘substan- MENT.—For purposes of paragraph (1)(C): tially’’ and ‘‘major’’ in the definition of dis- ‘‘(A) An individual meets the require- lumbia, the Commonwealth of Puerto Rico, ability under the ADA ‘‘need to be inter- ment of ‘being regarded as having such an Guam, American Samoa, the Virgin Islands preted strictly to create a demanding stand- impairment’ if the individual establishes of the United States, the Trust Territory of ard for qualifying as disabled,’’ and that to that he or she has been subjected to an ac- the Pacific Islands, and the Commonwealth be substantially limited in performing a tion prohibited under this Act because of an of the Northern Mariana Islands.’’. (c) AMENDMENT TO THE TABLE OF CON- major life activity under the ADA ‘‘an indi- actual or perceived physical or mental im- TENTS.—The table of contents contained in vidual must have an impairment that pre- pairment whether or not the impairment section 1(b) of the Americans with Disabil- vents or severely restricts the individual limits or is perceived to limit a major life ities Act of 1990 is amended by striking the from doing activities that are of central im- activity. portance to most people’s daily lives’’; item relating to section 3 and inserting the ‘‘(B) Paragraph (1)(C) shall not apply to following items: (5) to convey congressional intent that impairments that are transitory and minor. the standard created by the Supreme Court A transitory impairment is an impairment in the case of Toyota Motor Manufacturing, with an actual or expected duration of 6 ‘‘Sec. 3. Definition of disability. Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) months or less. ‘‘Sec. 4. Additional definitions.’’. for ‘‘substantially limits’’, and applied by ‘‘(4) RULES OF CONSTRUCTION REGARDING SEC. 5. DISCRIMINATION ON THE BASIS OF DIS- ABILITY. lower courts in numerous decisions, has cre- THE DEFINITION OF DISABILITY.—The defini- ated an inappropriately high level of limita- tion of ‘disability’ in paragraph (1) shall be (a) ON THE BASIS OF DISABILITY.—Section 102 of the Americans with Disabilities Act of tion necessary to obtain coverage under the construed in accordance with the following: 1990 (42 U.S.C. 12112) is amended— ADA, to convey that it is the intent of Con- ‘‘(A) The definition of disability in this (1) in subsection (a), by striking ‘‘with a gress that the primary object of attention in Act shall be construed in favor of broad cov- disability because of the disability of such cases brought under the ADA should be erage of individuals under this Act, to the individual’’ and inserting ‘‘on the basis of whether entities covered under the ADA maximum extent permitted by the terms of disability’’; and have complied with their obligations, and to this Act. (2) in subsection (b) in the matter pre- convey that the question of whether an indi- ‘‘(B) The term ‘substantially limits’ shall ceding paragraph (1), by striking ‘‘discrimi- vidual’s impairment is a disability under the be interpreted consistently with the findings nate’’ and inserting ‘‘discriminate against a ADA should not demand extensive analysis; and purposes of the ADA Amendments Act of qualified individual on the basis of dis- and 2008. ability’’. (6) to express Congress’ expectation that ‘‘(C) An impairment that substantially (b) QUALIFICATION STANDARDS AND TESTS the Equal Employment Opportunity Com- limits one major life activity need not limit RELATED TO UNCORRECTED VISION.—Section mission will revise that portion of its cur- other major life activities in order to be con- rent regulations that defines the term ‘‘sub- 103 of the Americans with Disabilities Act of sidered a disability. 1990 (42 U.S.C. 12113) is amended by redesig- stantially limits’’ as ‘‘significantly re- ‘‘(D) An impairment that is episodic or in stricted’’ to be consistent with this Act, in- nating subsections (c) and (d) as subsections remission is a disability if it would substan- (d) and (e), respectively, and inserting after cluding the amendments made by this Act. tially limit a major life activity when ac- subsection (b) the following new subsection: SEC. 3. CODIFIED FINDINGS. tive. ‘‘(c) QUALIFICATION STANDARDS AND Section 2(a) of the Americans with Dis- ‘‘(E)(i) The determination of whether an TESTS RELATED TO UNCORRECTED VISION.— abilities Act of 1990 (42 U.S.C. 12101) is impairment substantially limits a major life Notwithstanding section 3(4)(E)(ii), a covered amended— activity shall be made without regard to the entity shall not use qualification standards, (1) by amending paragraph (1) to read as ameliorative effects of mitigating measures employment tests, or other selection criteria follows: such as— based on an individual’s uncorrected vision ‘‘(1) physical or mental disabilities in no ‘‘(I) medication, medical supplies, equip- unless the standard, test, or other selection way diminish a person’s right to fully par- ment, or appliances, low-vision devices criteria, as used by the covered entity, is ticipate in all aspects of society, yet many (which do not include ordinary eyeglasses or shown to be job-related for the position in people with physical or mental disabilities contact lenses), prosthetics including limbs question and consistent with business neces- have been precluded from doing so because of and devices, hearing aids and cochlear im- sity.’’.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.002 S11SEPT1 smartinez on PROD1PC64 with SENATE S8344 CONGRESSIONAL RECORD — SENATE September 11, 2008

(c) CONFORMING AMENDMENTS.— ‘‘major life activities’’, and inserting ‘‘the holding that, like other civil rights statutes, (1) Section 101(8) of the Americans with meaning given it in section 3 of the Ameri- the ADA must be construed broadly to effec- Disabilities Act of 1990 (42 U.S.C. 12111(8)) is cans with Disabilities Act of 1990 (42 U.S.C. tuate its remedial purpose. Deleting these amended— 12102)’’; and findings removes this barrier to construing (A) in the paragraph heading, by striking (2) in paragraph (20)(B), by striking ‘‘any and applying the definition of disability ‘‘WITH A DISABILITY’’; and person who’’ and all that follows through the more generously. (B) by striking ‘‘with a disability’’ after period at the end, and inserting ‘‘any person Second, the bill affirmatively provides ‘‘individual’’ both places it appears. who has a disability as defined in section 3 of that the definition of disability ‘‘shall be (2) Section 104(a) of the Americans with the Americans with Disabilities Act of 1990 construed in favor of broad coverage of indi- Disabilities Act of 1990 (42 U.S.C. 12114(a)) is (42 U.S.C. 12102).’’. viduals under this Act, to the maximum ex- amended by striking ‘‘the term ‘qualified in- SEC. 8. EFFECTIVE DATE. tent permitted by the terms of this Act.’’ It dividual with a disability’ shall’’ and insert- This Act and the amendments made by retains the term ‘‘substantially limits’’ from ing ‘‘a qualified individual with a disability this Act shall become effective on January 1, the original ADA definition but makes it shall’’. 2009. clear that this is intended to be a less de- SEC. 6. RULES OF CONSTRUCTION. Mr. HARKIN. Mr. President, I ask manding standard than that enunciated by (a) Title V of the Americans with Dis- the U.S. Supreme Court in Toyota Motor abilities Act of 1990 (42 U.S.C. 12201 et seq.) is unanimous consent that the Statement Manufacturing, Kentucky, Inc. v. Williams. amended— of Managers to Accompany S. 3406, the With this rule of construction and relevant (1) by adding at the end of section 501 the Americans With Disabilities Act purpose language, the bill rejects the Su- following: Amendments Act of 2008, be printed in preme Court’s holding in Toyota v. Williams ‘‘(e) BENEFITS UNDER STATE WORKER’S the RECORD. that the terms ‘‘substantially’’ and ‘‘major’’ COMPENSATION LAWS.—Nothing in this Act There being no objection, the mate- in the definition of disability must be ‘‘be in- alters the standards for determining eligi- rial was ordered to be printed in the terpreted strictly to create a demanding bility for benefits under State worker’s com- standard for qualifying as disabled,’’ as well RECORD, as follows: pensation laws or under State and Federal as the Court’s interpretation that ‘‘substan- disability benefit programs. STATEMENT OF THE MANAGERS TO ACCOMPANY tially limits’’ means ‘‘prevents or severely ‘‘(f) FUNDAMENTAL ALTERATION.—Nothing S. 3406, THE AMERICANS WITH DISABILITIES restricts.’’ in this Act alters the provision of section ACT AMENDMENTS ACT OF 2008 Third, the bill prohibits consideration of 302(b)(2)(A)(ii), specifying that reasonable I. PURPOSE AND SUMMARY OF THE LEGISLATION mitigating measures such as medication, as- modifications in policies, practices, or proce- sistive technology, accommodations, or dures shall be required, unless an entity can The purpose of S. 3406, the ‘‘ADA Amend- modifications when determining whether an demonstrate that making such modifications ments Act of 2008’’ is to clarify the intention impairment constitutes a disability. This in policies, practices, or procedures, includ- and enhance the protections of the Ameri- provision and relevant purpose language re- ing academic requirements in postsecondary cans with Disabilities Act of 1990, landmark education, would fundamentally alter the civil rights legislation that provided ‘‘a clear jects the Supreme Court’s holdings in Sutton nature of the goods, services, facilities, and comprehensive national mandate for the v. United Air Lines and its companion cases privileges, advantages, or accommodations elimination of discrimination on the basis of that mitigating measures must be consid- involved. disability.’’ In particular, the ADA Amend- ered. The bill also provides that impairments ‘‘(g) CLAIMS OF NO DISABILITY.—Nothing ments Act amends the definition of dis- that are episodic or in remission are to be as- in this Act shall provide the basis for a claim ability by providing clarification and in- sessed in an active state. by an individual without a disability that struction about the terminology used in the Fourth, the bill provides new instruction the individual was subject to discrimination definition, by expanding the definition, and on what may constitute ‘‘major life activi- because of the individual’s lack of disability. by rejecting several opinions of the United ties.’’ It provides a non-exhaustive list of ‘‘(h) REASONABLE ACCOMMODATIONS AND States Supreme Court that have had the ef- major life activities within the meaning of MODIFICATIONS.—A covered entity under title fect of restricting the meaning and applica- the ADA. In addition, the bill expands the I, a public entity under title II, and any per- tion of the definition of disability. category of major life activities to include son who owns, leases (or leases to), or oper- S. 3406 is the product of an extensive bipar- the operation of major bodily functions. ates a place of public accommodation under tisan effort that included many hours of Fifth, the bill removes from the third ‘‘re- title III, need not provide a reasonable ac- meetings and negotiation by legislative staff garded as’’ prong of the disability definition commodation or a reasonable modification as well as by stakeholders including the dis- the requirement that an individual dem- to policies, practices, or procedures to an in- ability, business, and education commu- onstrate that he or she has, or is perceived to dividual who meets the definition of dis- nities. In addition, two hearings were held in have, an impairment that substantially lim- ability in section 3(1) solely under subpara- the Senate Health, Education, Labor, and its a major life activity. Under the bill, graph (C) of such section.’’; Pensions Committee to explore the issues therefore, an individual can establish cov- (2) by redesignating section 506 through addressed in this legislation. The goal has erage under the law by showing that he or 514 as sections 507 through 515, respectively, been to achieve the ADA’s legislative objec- she has been subjected to an action prohib- and adding after section 505 the following: tives in a way that maximizes bipartisan ited under the Act because of an actual or ‘‘SEC. 506. RULE OF CONSTRUCTION REGARDING consensus and minimizes unintended con- perceived physical or mental impairment. REGULATORY AUTHORITY. sequences. Because the bill thus broadens application of ‘‘The authority to issue regulations This legislation amends the Americans this third prong of the disability definition, granted to the Equal Employment Oppor- with Disabilities Act of 1990 by making the entities covered by the ADA will not be re- tunity Commission, the Attorney General, changes identified below. quired to provide accommodations or to and the Secretary of Transportation under Aligning the construction of the Ameri- modify policies and procedures for individ- this Act includes the authority to issue regu- cans with Disabilities Act with Title VII of uals who fall solely under the third prong. lations implementing the definitions of dis- the Civil Rights Act of 1964, the bill amends Such entities will, however, still be subject ability in section 3 (including rules of con- Title I of the ADA to provide that no covered to discrimination claims. struction) and the definitions in section 4, entity shall discriminate against a qualified Finally, the bill clarifies that the agencies consistent with the ADA Amendments Act of individual ‘‘on the basis of disability.’’ that currently issue regulations under the 2008.’’; and The bill maintains the ADA’s inherently ADA have regulatory authority related to (3) in section 511 (as redesignated by functional definition of disability as a phys- the definitions contained in Section 3. Con- paragraph (2)) (42 U.S.C. 12211), in subsection ical or mental impairment that substan- forming amendments to Section 7 of the Re- (c), by striking ‘‘511(b)(3)’’ and inserting tially limits one or more life activities; a habilitation Act of 1973 are intended to en- ‘‘512(b)(3)’’. record of such impairment; or being regarded sure harmony between federal civil rights (b) The table of contents contained in as having such an impairment. It clarifies laws. section 1(b) of the Americans with Disabil- and expands the definition’s meaning and ap- ities Act of 1990 is amended by redesignating plication in the following ways. II. BACKGROUND AND NEED FOR LEGISLATION the items relating to sections 506 through 514 First, the bill deletes two findings in the When Congress passed the ADA in 1990, it as the items relating to sections 507 through ADA which led the Supreme Court to unduly adopted the functional definition of dis- 515, respectively, and by inserting after the restrict the meaning and application of the ability from the Section 504 of the Rehabili- item relating to section 505 the following definition of disability. These findings are tation Act of 1973, in part, because after 17 new item: that there are ‘‘some 43,000,000 Americans years of development through case law the ‘‘Sec. 506. Rule of construction regarding have one or more physical or mental disabil- requirements of the definition were well un- regulatory authority.’’. ities’’ and that ‘‘individuals with disabilities derstood. Within this framework, with its SEC. 7. CONFORMING AMENDMENTS. are a discrete and insular minority.’’ The generous and inclusive definition of dis- Section 7 of the Rehabilitation Act of Court treated these findings as limitations ability, courts treated the determination of 1973 (29 U.S.C. 705) is amended— on how it construed other provisions of the disability as a threshold issue but focused (1) in paragraph (9)(B), by striking ‘‘a ADA. This conclusion had the effect of inter- primarily on whether unlawful discrimina- physical’’ and all that follows through fering with previous judicial precedents tion had occurred.

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.002 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8345 More recent Supreme Court decisions im- disability more generous, some people who The bill’s purposes also reject the Supreme posing a stricter standard for determining were not covered before will now be covered. Court’s holding that mitigating measures disability had the effect of upsetting this The strong bipartisan support for this legis- must be considered when determining wheth- balance. After the Court’s decisions in Sut- lation once again demonstrates the con- er an impairment constitutes a disability. ton that impairments must be considered in tinuing bipartisan commitment to pro- With the exception of ordinary eyeglasses their mitigated state and in Toyota that tecting the civil rights of individuals with and contact lenses, impairments must be ex- there must be a demanding standard for disabilities among members of the Senate amined in their unmitigated state. qualifying as disabled, lower courts more Committee on Health Education Labor and These purposes are specifically incor- often found that an individual’s impairment Pensions and the Senate as a whole. porated into the statute by the rule of con- did not constitute a disability. As a result, The ADA Amendments Act renews our struction providing that the term ‘‘substan- in too many cases, courts would never reach commitment to ensuring that all Americans tially limits’’ shall be construed consistently the question whether discrimination had oc- with disabilities, including a new generation with the findings and purposes of the ADA curred. of disabled veterans who are just beginning Amendments Act of 2008. This rule of con- Thus, some 18 years later we are faced with to grapple with the challenge of living to struction, together with the rule of construc- a situation in which physical or mental im- their full potential despite the limitations tion providing that the definition of dis- pairments that would previously have been imposed by their disabilities, are able to par- ability shall be construed in favor of broad found to constitute disabilities are not con- ticipate to the fullest possible extent in all coverage of individuals sends a clear signal sidered disabilities under the Supreme facets of society, including the workplace. of our intent that the courts must interpret Court’s narrower standard. These can in- We acknowledge and applaud the substantial the definition of disability broadly rather clude individuals with impairments such as improvements in medical science and the than stringently. amputation, intellectual disabilities, epi- courageous efforts of individuals with dis- Definition of Disability lepsy, multiple sclerosis, diabetes, muscular abilities to overcome the impact of those In the ADA of 1990, Congress sought to pro- dystrophy, and cancer. The resulting court disabilities, but in no way wish to exclude tect anyone who experiences discrimination decisions contribute to a legal environment them thereby from protection under the because of a current, past, or perceived dis- in which individuals must demonstrate an ADA. ability. Under the ADA, there are three inappropriately high degree of functional By retaining the essential elements of the prongs of the definition of disability, with limitation in order to be protected from dis- definition of disability including the key respect to an individual: crimination under the ADA. term ‘‘substantially limits’’ we reaffirm that (1) a physical or mental impairment that The ADA Amendments Act rejects the high not every individual with a physical or men- substantially limits one or more of the burden required in these cases and reiterates tal impairment is covered by the first prong major life activities of such individual; that Congress intends that the scope of the of the definition of disability in the ADA. An (2) a record of such an impairment; or Americans with Disabilities Act be broad impairment that does not substantially limit (3) being regarded as having such an im- and inclusive. It is the intent of the legisla- a major life activity is not a disability under pairment. tion to establish a degree of functional limi- this prong. That will not change after enact- This definition is of critical importance be- tation required for an impairment to con- ment of the ADA Amendments Act, nor will cause as a threshold issue it determines stitute a disability that is consistent with the necessity of making this determination whether an individual is covered by the what Congress originally intended, a degree on an individual basis. What will change is ADA. The ADA Amendments Act retains the that is lower than what the courts have con- the standard required for making this deter- definition of disability but further defines strued it to be. In addition, the bill provides mination. This bill lowers the standard for and clarifies three critical terms within the for application of this standard to a wider determining whether an impairment con- existing definition (‘‘substantially limits,’’ range of cases by expanding the category of stitute a disability and reaffirms the intent ‘‘major life activities,’’ ‘‘regarded as having major life activities. These steps, resulting of Congress that the definition of disability such impairment’’) and, under the rules of from extensive bipartisan negotiation and in the ADA is to be interpreted broadly and construction for the definition, adds several discussion among legislators and stake- inclusively. standards that must be applied when consid- holders, are intended to provide for more Findings and Purposes ering the definition of disability. generous coverage and application of the Given the importance the Court has placed ADA’s prohibition on discrimination through Physical or Mental Impairment upon findings and purposes particularly in a framework that is more predictable, con- The bill does not provide a definition for civil rights statutes like the ADA, the ADA sistent, and workable for all entities subject the terms ‘‘physical impairment’’ or ‘‘mental Amendments Act contains a detailed Find- to responsibilities under the ADA. impairment.’’ The managers expect that the ings and Purposes section that the managers current regulatory definition of these terms, III. EXPLANATION OF THE BILL AND MANAGER’S believe gives clear guidance to the courts as promulgated by agencies such as the U.S. VIEWS and that they intend to be applied appro- Equal Employment Opportunity Commission Overview priately and consistently. As described (EEOC), the Department of Justice (DOJ) above, the legislation deletes two findings in The Americans with Disabilities Act of and the Department of Education Office of the ADA that have been interpreted by the 1990 (‘‘the ADA’’) is a landmark statute that Civil Rights (DOE OCR) will not change. has fundamentally changed the lives of many Supreme Court to require a narrow defini- millions of Americans with disabilities. The tion of disability. We continue to believe Substantially Limits managers of this legislation were proud to be that individuals with disabilities ‘‘have been We do not believe that the courts have cor- leaders in that effort that was accomplished faced with restrictions and limitations, sub- rectly instituted the level of coverage we in- in a deliberative careful manner that al- jected to a history of purposeful unequal tended to establish with the term ‘‘substan- lowed for the development of a strong bipar- treatment, and relegated to a position of po- tially limits’’ in the ADA. In particular, we tisan coalition in both Houses of Congress litical powerlessness in our society, based on believe that the level of limitation, and the and the Administration of President George characteristics that are beyond the control intensity of focus, applied by the Supreme H. W. Bush and led to Senate passage with a of such individuals and resulting from Court in Toyota goes beyond what we believe definitive vote of 91–6. stereotypic assumptions not truly indicative is the appropriate standard to create cov- However, as discussed in more detail of the individual ability of such individuals erage under this law. below, a series of Court decisions have re- to participate in, and contribute to, soci- We have extensively deliberated with re- stricted the coverage and diminished the ety.’’ gard to whether a new term, other than the civil rights protections of the ADA, espe- In addition to deleting the findings form- term ‘‘substantially limits’’ should be used cially in the workplace, by narrowing its def- ing the basis of the Sutton and Toyota deci- in this Act. For example, in its ADA Amend- inition of disability. As a result, lower court sions, the bill states explicitly its purpose to ments Act, H.R.3195, the House of Represent- cases have too often turned solely on the reject the holdings in those cases (and their atives attempted to accomplish this goal by question of whether the plaintiff is an indi- progeny), and to ensure broad coverage stating that the key phrase ‘‘substantially vidual with a disability rather than the mer- under the ADA. To be clear, the purposes limits’’ means ‘‘materially restricts’’ in its of discrimination claims, such as whether section conveys our intent to clarify not order to convey that Congress intended to adverse decisions were impermissibly made only that ‘‘substantially limits’’ should be depart from the strict and demanding stand- by the employer on the basis of disability, measured by a lower standard than that used ard applied by the Supreme Court in Sutton reasonable accommodations were denied in- in Toyota, but also that the definition of dis- and Toyota. appropriately, or qualification standards ability should not be unduly used as a tool We have concluded that adopting a new, were unlawfully discriminatory. for excluding individuals from the ADA’s undefined term that is subject to widely dis- The managers have introduced the ADA protections. parate meanings is not the best way to Amendments Act of 2008 to restore the prop- The bill expresses the clear intent of Con- achieve the goal of ensuring consistent and er balance and application of the ADA by gress that the EEOC will revise its regula- appropriately broad coverage under this Act. clarifying and broadening the definition of tions that similarly improperly define the The resulting need for further judicial scru- disability, and to increase eligibility for the term ‘‘substantially limits’’ as ‘‘signifi- tiny and construction will not help move the protections of the ADA. It is our expectation cantly restricted’’; again, this sets too high focus from the threshold issue of disability that because this bill makes the definition of a standard. to the primary issue of discrimination.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.012 S11SEPT1 smartinez on PROD1PC64 with SENATE S8346 CONGRESSIONAL RECORD — SENATE September 11, 2008 We believe that a better way is to express normal cell growth, digestive, bowel, blad- tion under the ADA. Nevertheless, if an ap- our disapproval of Sutton and Toyota (along der, neurological, brain, respiratory, cir- plicant or employee is faced with a qualifica- with the current EEOC regulation) is to re- culatory, endocrine and reproductive func- tion standard that requires uncorrected vi- tain the words ‘‘substantially limits,’’ but tions. sion (as the sisters in the Sutton case were), clarify that it is not meant to be a demand- Both the list of major life activities and an employer will be required to demonstrate ing standard. In addition, we believe elimi- major bodily functions are illustrative and that the qualification standard is job-related nating the source of the Supreme Court’s de- non-exhaustive, and the absence of a par- and consistent with business necessity. cisions narrowing the definition and pro- ticular life activity or bodily function from Regarded As viding more appropriate findings and pur- the list does not create a negative implica- poses for properly construing that definition tion as to whether such activity or function Under this bill, the third prong of the dis- will accomplish our goal without introducing constitutes a ‘‘major life activity’’ under the ability definition will apply to impairments, novel statutory terms. statute. not only to disabilities. As such, it does not We believe that the manner in which we Finally, we also want to illuminate one require a functional test to determine understood the intended scope of ‘‘substan- area which may be easily misunderstood, whether an impairment substantially limits tially limits’’ in 1990 continues to capture with respect to individuals with specific a major life activity. our sense of the appropriate level of coverage learning disabilities. When considering the This section of the definition of disability under this law for purposes of placing on em- condition, manner, or duration in which an was meant to express our understanding that ployers and other covered entities the obli- individual with a specific learning disability unfounded concerns, mistaken beliefs, fears, gation of providing reasonable accommoda- performs a major life activity, it is critical myths, or prejudice about disabilities are tions and modifications to individuals with to reject the assumption that an individual often just as disabling as actual impair- impairments. As we described this in our who has performed well academically cannot ments, and our corresponding desire to pro- committee report to the original ADA in be substantially limited in activities such as hibit discrimination founded on such percep- 1989: learning, reading, writing, thinking, or tions. In 1990 we relied extensively on the reasoning of School Board of Nassau County ‘‘A person is considered an individual with speaking. v. Arline that the negative reactions of oth- a disability for purposes of the first prong of Rules of Construction on the Definition of ers are just as disabling as the actual impact the definition when [one or more of] the indi- Disability of an impairment. This legislation restates vidual’s important life activities are re- The bill further clarifies the definition of our reliance on the broad views enunciated stricted as to the conditions, manner, or du- disability with a series of rules of construc- in that decision and we believe that courts ration under which they can be performed in tion. As discussed elsewhere, the rules of should continue to rely on this standard. comparison to most people. A person who construction specifically require that the We intend and believe that the fact that an can walk for 10 miles continuously is not definition of disability be interpreted broad- individual was discriminated against because substantially limited in walking merely be- ly and that the term ‘‘substantially limits’’ of a perceived or actual impairment is suffi- cause on the eleventh mile, he or she begins be interpreted consistent with this legisla- cient. Thus, the bill clarifies that contrary to experience pain because most people tion. This construction is also intended to to Sutton, an individual who is ‘‘regarded as would not be able to walk eleven miles with- reinforce the general rule that civil rights having such an impairment’’ is not subject out experiencing some discomfort. S. Rep. statutes must be broadly construed to to a functional test. If an individual estab- No 101–116, at 23 (1989).’’ achieve their remedial purpose. In addition, lishes that he or she was subjected to an ac- We particularly believe that this test, the rules of construction provide that im- tion prohibited by the ADA because of an ac- which articulated an analysis that consid- pairments that are episodic or in remission tual or perceived impairment—whether the ered whether a person’s activities are lim- be assessed in their active state for purposes person actually has the impairment or ited in condition, duration and manner, is a of determining coverage under the ADA. whether the impairment constitutes a dis- useful one. We reiterate that using the cor- Mitigating Measures ability—then the individual will qualify for rect standard—one that is lower than the The bill also prohibits consideration of the protection under the Act. strict or demanding standard created by the ameliorative effects of mitigating measures This provision is subject to two important Supreme Court in Toyota—will make the when determining whether an individual’s limitations. First, individuals with impair- disability determination an appropriate impairment substantially limits major life ments that are transitory and minor are ex- threshold issue but not an onerous burden activities, overturning the Supreme Court’s cluded from eligibility for the protections of for those seeking accommodations or modi- decision in Sutton and its companion cases. the ADA under this prong of the definition, fications. At the same time, plaintiffs should This provision is intended to eliminate the and second, the bill relieves entities covered not be constrained from offering evidence situation created under current law in which under the ADA from the obligation and re- needed to establish that their impairment is impairments that are mitigated do not con- sponsibility to provide reasonable accom- substantially limiting. stitute disabilities but are the basis for dis- modations and reasonable modifications to Thus, we believe that the term ‘‘substan- an individual who qualifies for coverage tially limits’’ as construed consistently with crimination. We expect that when such miti- gating measures are ignored, some individ- under the ADA solely by being ‘‘regarded as’’ the findings and purposes of this legislation disabled. establishes an appropriate functionality test uals previously found not disabled will now for determining whether an individual has a be able to claim the ADA’s protection Transitory and Minor disability. against discrimination. The bill contains an exception that clari- The legislation provides an illustrative but Major Life Activities fies that coverage for individuals under the non-comprehensive list of the types of miti- ‘‘regarded as’’ prong is not available where The bill provides significant new guidance gating measures that are not to be consid- an individual’s impairment is both transi- and clarification on the subject of major life ered. This list also includes low vision de- tory (six months or less) and minor. Pro- activities. First, a rule of construction clari- vices, which are devices that magnify, en- viding this exception responds to concerns fies that that an impairment need only sub- hance, or otherwise augment a visual image, raised by employer organizations and is rea- stantially limit one major life activity to be such as magnifiers, closed circuit television, sonable under the ‘‘regarded as’’ prong of the considered a disability under the ADA. This larger-print items, and instruments that pro- definition because individuals seeking cov- responds to and corrects those courts that vide voice instructions. The absence of any erage under this prong need not meet the have required individuals to show that an particular mitigating measure from this list functional limitation requirement contained impairment substantially limits more than should not convey a negative implication as in the first two prongs of the definition. A one life activity. It is additionally intended to whether the measure is a mitigating similar exception for the first two prongs of to clarify that the ability to perform one or measure under the ADA. the definition is unnecessary as the func- more particular tasks within a broad cat- We also believe that an individual with an tional limitation requirement already ex- egory of activities does not preclude cov- impairment that substantially limits a cludes claims by individuals with ailments erage under the ADA. major life activity should not be penalized that are minor and short term. For purposes of clarity, the bill provides an when seeking protection under the ADA sim- illustrative list of ‘‘major life activities’’ in- ply because he or she managed their own Accommodations cluding activities such as caring for oneself, adaptive strategies or received accommoda- The bill establishes that entities covered performing manual tasks, seeing, hearing, tions (including informal or undocumented under the ADA do not need to provide rea- eating, sleeping, walking, standing, lifting, ones) that have the effect of lessening the sonable accommodations under Title I or bending, speaking, breathing, learning, read- deleterious impacts of their disability. modify policies, practices, or procedures ing, concentrating, thinking, commu- The bill provides one exception to the rule under Titles II or III when an individual nicating and working. In addition, for the on mitigating measures, specifying that or- qualifies for coverage under the ADA solely first time, the category of ‘‘major life activi- dinary eyeglasses and contact lenses are to by being ‘‘regarded as’’ having a disability ties’’ is defined to include the operation of be considered in determining whether a per- under the third prong of the definition of dis- major bodily functions, thus better address- son has a disability. The rationale behind ability. ing chronic impairments that can be sub- this exception is that the use of ordinary Under current law, a number of courts stantially limiting. Major bodily functions eyeglasses or contact lenses, without more, have required employers to provide reason- include functions of the immune system, is not significant enough to warrant protec- able accommodations for individuals who are

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.014 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8347 covered solely under the ‘‘regarded as’’ to issue regulations implementing the gen- issue will allow courts to focus primarily on prong. In each of those cases, the plaintiffs erally applicable provisions of the ADA whether discrimination has occurred or ac- were found not to be covered under the first which fall outside Titles I–V.’’ The bill clari- commodations improperly refused. prong of the definition of disability because fies that the authority to issue regulations is IV. LEGISLATIVE HISTORY AND COMMITTEE of the overly stringent manner in which the granted to the Equal Employment Oppor- ACTION courts had been interpreting that prong. Be- tunity Commission, the Attorney General, Prior to introduction of the ADA Amend- cause of our strong belief that accommo- and the Secretary of Transportation and spe- ments Act of 2008 on July 31, 2008 with 55 dating individuals with disabilities is a key cifically includes the authority to issue reg- original cosponsors the following actions oc- goal of the ADA, some members continue to ulations implementing the definition of dis- curred in the 110th Congress. have reservations about this provision. How- ability as amended and clarified by this leg- On July 26, 2007, Senator Tom Harkin in- ever, we believe it is an acceptable com- islation. troduced S. 1881, the ADA Restoration Act of We anticipate that the agencies charged promise given our strong expectation that 2007 together with Senator Arlen Specter. with regulatory authority under the ADA such individuals would now be covered under Senator Edward Kennedy, the Chairman of will make any necessary modifications to the first prong of the definition, properly ap- the Senate Health, Education, Labor and their regulations to reflect the changes and plied. Pensions Committee cosponsored the legisla- clarifications embodied in the ADA Amend- Discrimination on the Basis of Disability tion along with Senator . The ments Act, including the addition of major The bill amends Section 102 of the ADA to bill was referred to the Senate Health, Edu- bodily functions as major life activities and mirror the structure of nondiscrimination cation, Labor, and Pensions Committee. the broadening of the ‘‘regarded as’’ prong. protection provision in Title VII of the Civil Similarly, on July 26, 2007, Representatives We also expect that the Equal Employment Rights Act of 1964. It changes the language Steny H. Hoyer (D-MD) and James F. Sen- Opportunity Commission (EEOC) will revise from prohibiting discrimination against a senbrenner (R-WI) introduced H.R. 3195, the the portion of its ADA regulations that de- qualified individual ‘‘with a disability be- ADA Restoration Act of 2007, with 144 origi- fines ‘‘substantially limits’’ as ‘‘unable to cause of the disability of such individual’’ to nal cosponsors. The bill was referred to the perform a major life activity. . . . or signifi- prohibiting discrimination against a quali- House Committees on Education and Labor, cantly restricted as to . . . a particular major fied individual ‘‘on the basis of disability.’’ Judiciary, Transportation and Infrastruc- life activity . . . .’’ given the clear inconsist- This ensures that the emphasis in questions ture, and Energy and Commerce. ency of that portion of the regulation with of disability discrimination is properly on On October 4, 2007, the House Judiciary the intent of this legislation. the critical inquiry of whether a qualified Committee held a hearing on H.R. 3195. Six person has been discriminated against on the Conforming Amendment witnesses appeared before the committee: basis of disability, and not unduly focused on The bill ensures that the definition of dis- Honorable Steny Hoyer (D-MD), House Ma- the preliminary question of whether a par- ability in Section 7 of the Rehabilitation Act jority Leader; Cheryl Sensenbrenner, Chair ticular person is a ‘‘person with a dis- of 1973, which shares the same definition, is of the Board, American Association of Peo- ability.’’ consistent with the ADA. The Rehabilitation ple with Disabilities; Stephen Orr, Phar- Rules of Construction Act of 1973 preceded the ADA in providing macist (Plaintiff in Orr v. Wal-Mart); Mi- civil rights protections to individuals with chael Collins, Executive Director, National Benefits Under State Worker’s Compensation disabilities, and in drafting the definition of Council on Disability; Lawrence Lorber, At- Laws disability in the ADA, the authors relied on torney, on behalf of the U.S. Chamber of The bill provides that nothing in the Act the statute and implementing regulations of Commerce; Chai Feldblum, Director, Federal alters the standards for determining eligi- the Rehabilitation Act. Maintaining uniform Legislation Clinic and Professor of Law, bility for benefits under State worker’s com- definitions in the two federal statutes is im- Georgetown Law Center. pensation laws or other Federal or State dis- portant so that such entities will generally On November 15, 2007, the Senate HELP ability benefit programs. operate under one consistent standard, and Committee held a hearing chaired by Sen- Fundamental Alteration the civil rights of individuals with disabil- ator Tom Harkin, ‘‘Restoring Congressional The bill reiterates that no changes are ities will be protected in all settings. The Intent and Protections under the Americans being made to the underlying ADA provision ADA, under Title II and Title III, and Sec- with Disabilities Act’’ Five witnesses ap- that no accommodations or modifications in tion 504 of the Rehabilitation Act provide peared before the committee: John D. Kemp, policies are required when a covered entity overlapping coverage for many entities, in- President, United States International Coun- can demonstrate that making such modifica- cluding public schools, institutions of higher cil on Disabilities; Dick Thornburgh, Former tions would fundamentally alter the nature education, childcare facilities, and other en- United States Attorney General and Counsel, of the service being provided. This provision tities receiving federal funds. Kirkpatrick & Lockhart; Steven Orr, Phar- was included at the request of the higher We expect that the Secretary of Education macist (Plaintiff in Orr v. Wal-Mart), education community and specifically in- will promulgate new regulations related to Camille Olson, Labor and Employment At- cludes ‘‘academic requirements in postsec- the definition of disability to be consistent torney, Seyfarth & Shaw; Chai Feldblum, Di- ondary education’’ among the types of poli- with those issued by the Attorney General rector, Federal Legislation Clinic and Pro- cies, practices, and procedures that may be under this Act. We believe that other current fessor of Law, Georgetown Law Center. shown to be fundamentally altered by the re- regulations issued by the Department of On January 29, 2008, the House Committee quested modification or accommodation to Education Office of Civil Rights under Sec- on Education and Labor held a hearing on reaffirm current law. It is included solely to tion 504 of the Rehabilitation Act are cur- H.R. 3195. Five witnesses appeared before the provide assurances that the bill does not rently harmonious with Congressional intent committee: Honorable Steny Hoyer (D-MD), alter current law with regard to the obliga- under both the ADA and the Rehabilitation House Majority Leader; Andrew Imparato, tions of academic institutions under the Act. President and CEO, American Association of ADA, which we believe is already dem- Conclusion People with Disabilities; Carey McClure, onstrated in case law on this topic. Specifi- We intend that that the sum of these Electrician (Plaintiff in McClure v. General cally, the reference to academic standards in changes will make the threshold definition Motors); Robert L. Burgdorf, Professor of postsecondary education is unrelated to the of disability in the ADA—under which indi- Law, University of the District of Columbia; purpose of this legislation and should be viduals qualify for protection from discrimi- David K. Fram, Director, ADA & EEO Serv- given no meaning in interpreting the defini- nation more generous, and will result in the ices, National Employment Law Institute. tion of disability. coverage of some individuals who were pre- On June 18, 2008, the House Committee on Claims of No Disability viously excluded from those protections. Education & Labor held a markup to con- We note that with the changes made by the sider H.R. 3195. An amendment was offered as The bill prohibits reverse discrimination ADA Amendments Act, courts will have to a substitute to the original bill, and it was claims by disallowing claims based on the address whether an impairment constitutes a reported out of the Committee by a vote of lack of disability, (e.g., a claim by someone disability under the first and second, but not 43 to 1. without a disability that someone with a dis- the third, prong of the definition of dis- On June 18, 2008, the Committee on the Ju- ability was treated more favorably by, for ability. The functional limitation imposed diciary held a markup to consider H.R. 3195. example, being granted a reasonable accom- by an impairment is irrelevant to the third An amendment was offered as a substitute to modation or modification to services or pro- ‘‘regarded as’’ prong. the original bill, and it was reported out of grams). Our intent is to clarify that a person In general, individuals may find it easier the Committee by a vote of 27 to 0. without a disability does not have the right to establish disability under this bill’s more On June 25, 2008, the United States House under the Act to bring an action against an generous standard than under the Supreme of Representatives held a vote on H.R. 3195 entity on the grounds that he or she was dis- Court’s demanding standard. To repeat, we and passed the legislation by a vote of 402–17. criminated against ‘‘on the basis of dis- intend this bill to return the legal analysis On July 15, 2008, the Senate HELP Com- ability’’ (i.e., on the basis of not having a to the balance that existed before the Su- mittee held a Roundtable: ‘‘H.R. 3195 and De- disability). preme Court’s Sutton and Toyota decisions. termining the Proper Scope of Coverage for Regulatory Authority The determination of disability is a nec- the Americans with Disabilities Act’’ Eight In Sutton, the Supreme Court stated that essary threshold issue in many cases, but an individuals gave testimony before the com- ‘‘[n]o agency . . . has been given authority appropriately generous standard on that mittee: Samuel R. Bagenstos, Professor of

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.015 S11SEPT1 smartinez on PROD1PC64 with SENATE S8348 CONGRESSIONAL RECORD — SENATE September 11, 2008 Law, Washington University School of Law; construction regarding the definition of dis- And it has been a long process. We Carey McClure, Electrician (Plaintiff in ability, requiring that impairments need are not here today because we just met McClure v. General Motors); JoAnne Simon, only limit one major life activity; clarifying the other day to put this together. It Disability Rights Attorney; Sue Gamm, Ele- an impairment that is episodic or in remis- has been a couple of years or more in mentary and Secondary Education Consult- sion is a disability if it would substantially ant; Terry Hartle, Senior Vice President, limit a major life activity when active; and the making, and at least over a year of American Council on Education; Chai prohibiting the consideration of the amelio- very intense negotiations with the Feldblum, Professor, Federal Legislation rative effects of mitigating measures such as business community, the disability Clinic, Georgetown University Law Center, medication, learned behavioral modifica- community, and others to get to where Washington, DC; Michael Eastman, Execu- tions, or auxiliary aids or services, in deter- we are today. tive Director of Labor Policy, U.S. Chamber mining whether an impairment is substan- This bill is similar to legislation that of Commerce; Andrew Grossman, Senior tially limiting, while excluding ordinary was introduced in the other body by eyeglasses and contact lenses. Legal Policy Analyst, Heritage Foundation. the majority leader, STENY HOYER, and On July 31, 2008, Senators Tom Harkin and Sec. 5. Discrimination on the Basis of Dis- Congressman JIM SENSENBRENNER of Orrin Hatch introduced S. 3406, The ADA ability. Prohibits discrimination under Title Amendments Act of 2008. The bill was placed I of the ADA ‘on the basis of disability’ rath- Wisconsin. That bill passed by a 402-to- on the Senate calendar (under general or- er than ‘against a qualified individual with a 17 margin in June, and of course the ders/pursuant to Rule XVI?). disability because of the disability of such bill we have here today is going to pass individual.’ Clarifies that covered entities V. APPLICATION OF THE LAW TO THE unanimously. that use qualification standards based on un- LEGISLATIVE BRANCH I am also grateful that from the out- corrected vision must show that such a re- set these bills have been conceived and Section 102(b)(3) of Public Law 104–1, the quirement is job-related and consistent with Congressional Accountability Act (CAA), re- business necessity. crafted in a spirit of genuine biparti- quires a description of the application of this Sec. 6. Rules of Construction. Provides that sanship, with Members of both parties bill to the legislative branch. S. 3604 does not nothing in this Act alters the standards for coming together to do the right thing amend any act that applies to the legislative determining eligibility for benefits under for Americans with disabilities. Today, branch. State worker’s compensation laws or other we have nearly 80 Senators cospon- VI. REGULATORY IMPACT STATEMENT disability benefit programs. Prohibits re- soring this bill. Of course, passage of The managers have determined that the verse discrimination claims by disallowing the original ADA was also a bipartisan claims based on the lack of disability. Pro- bill may result in some additional paper- effort. work, time, and costs to the Equal Employ- vides that nothing in this Act alters the pro- vision in Title III that a modification of poli- As the chief sponsor of that bill in ment Opportunity Commission, which would cies or practices is not required if it fun- the Senate, I worked very closely with be entrusted with implementation and en- damentally alters the nature of the service a great number of people on both sides forcement of the act. It is difficult to esti- being provided. Establishes that entities cov- mate the volume of additional paperwork ne- of the aisle, both here and in the ad- ered under all three titles of the ADA are not cessity by the bill, but the committee does ministration—Senator Bob Dole, of required to provide reasonable accommoda- not believe it will be significant. Pursuant to course, and others on both sides of the tions or modifications to an individual who the requirements of paragraph 11(b) of rule aisle. We received invaluable support meets the definition of disability only as a XXVI of the Standing Rules of the Senate, person ‘regarded as having such an impair- from then-President George Herbert the committee has determined that the bill ment.’ Authorizes the EEOC, Attorney Gen- Walker Bush and key members of his will not have a significant regulatory im- eral, and the Secretary of Transportation to administration, including White House pact. promulgate regulations implementing the counsel Boyden Gray, who worked so VII. SECTION-BY-SECTION ANALYSIS definition of disability and rules of construc- hard to get the original bill through; Sec. 1. Short Title. This Act may be cited as tion related to the definition. and Attorney General Richard Sec. 7. Conforming Amendments. Amends the ‘ADA Amendments Act of 2008.’ Thornburgh, who helped us craft the Sec. 2. Findings and Purposes. Acknowledges Section 7 of the Rehabilitation Act of 1973 to Congressional intent of the Americans with cross-reference the definition of disability bill and made sure we did it in the Disabilities Act of 1990 (ADA) to ‘‘provide a under the ADA. right way. Dick Thornburgh was so in- clear and comprehensive national mandate Sec. 8. Effective Date. Amendments made by strumental in that initial passage, and for the elimination of discrimination against the Act take effect January 1, 2009. ever since then, for the last 18 years, I individuals with disabilities’’ and to provide September 11, 2008. have kept in contact with Attorney TOM HARKIN, broad coverage, and that the U.S. Supreme General Thornburgh periodically, talk- Court subsequently erroneously narrowed U.S. Senator. ORRIN HATCH, ing about the ADA, what it was doing, the definition of disability in a series of how it was being implemented, and of cases. The purposes of the Act are to rein- U.S. Senator. state a broad scope of protection to be avail- Mr. HARKIN. Madam President, I am course because of the recent court deci- able under the ADA, to reject several Su- extremely proud to be the chief sponsor sions, discussing with him how we preme Court decisions, and to re-establish of the ADA Amendments Act of 2008, could get to this point today and have original Congressional intent related to the along with the distinguished senior a bill that would overturn those court definition of disability. Senator from , Senator ORRIN decisions. Former Transportation Sec- Sec. 3. Codified Findings. Amends one find- HATCH. This bipartisan legislation will retary Sam Skinner was very involved ing in the ADA to acknowledge that many in this also. people with physical or mental impairments allow us to advance and fulfill the original promise of the Americans But I would be remiss if I didn’t state have been subjected to discrimination, and forthrightly the one person through all strikes one finding related to describing the With Disabilities Act, which was signed population of individuals with disabilities as into law 18 years ago. these years who was the key mover of ‘‘a discrete and insular minority.’’ I am especially grateful to Senator the Americans With Disabilities Act of Sec. 4. Disability Defined and Rules of Con- HATCH for his leadership and for his 1990, without whose leadership we struction. Amends the definition of ‘‘dis- friendship through all these years in could not have gotten it done, and who ability’’ and provides rules of construction helping to craft and move this bill here enabled this Senator to be the chair- for applying the definition. The term ‘‘dis- in the Senate. Senator HATCH was one man of the Disability Policy Sub- ability’’ is defined to mean, with respect to of the key players in helping get committee and to get this bill moved an individual, a physical or mental impair- through both subcommittee and com- ment that substantially limits one or more through the original ADA back in 1989 major life activities, a record of such impair- and 1990 when we passed it. And in this mittee. He was there from the very be- ment, or being regarded as having such an effort we have here today, he has be- ginning to the end and has never let up impairment; provides an illustrative list of come a true partner. I deeply appre- in all his years on his interest in and ‘major life activities’ including major bodily ciate his willingness to take on this support of legislation that would fully functions; and defines ‘regarded as having critical role. I think it is safe to say incorporate people with disabilities in such an impairment’ as protecting individ- that without the help and intense in- all aspects of American life. Of course uals who have been subject to an action pro- terest of Senator HATCH on this issue, I speak of Senator Ted Kennedy, the hibited under the ADA because of an actual chairman of the HELP Committee, who or perceived impairment, whether or not the and especially on the whole ADA proc- impairment is perceived to limit a major life ess, the bill would not be here today. can’t be here with us today. He is at activity. Requires the definition of disability Again, I am so grateful to Senator home in Massachusetts recuperating to be construed broadly and consistent with HATCH for his friendship and his sup- and getting better so he can be here the findings and purposes. Provides rules of port through all of this long process. with us next year when we take up

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.017 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8349 health care reform. But if Senator KEN- today is fully accessible, with a uni- to mitigate a physical or mental im- NEDY is watching, I wish to say: Ted, versal design. A universal design. Now, pairment, the effect of those measures this one is for you. We finally got here. these changes may be invisible to most must be taken into account when judg- We finally got the bill up. people, but for people with disabilities, ing whether a person is ‘‘disabled’’— I thank Senator KENNEDY for all of they are transforming and liberating. and therefore covered under the law. his help in the last 2 to 3 years in pull- The provisions in the ADA outlawed That could include anything from ing everything together, and I am discrimination against qualified indi- visual aids to prostheses. going to have more to say about that viduals with disabilities in the work- In Murphy v. the United Parcel Serv- at the end when I thank all those won- place, requiring employers to provide ice, the Court applied the same anal- derful staff members who helped. But reasonable accommodations. Again, ysis to medication used to treat hyper- Senator KENNEDY has been there from these are liberating and transforming tension, and concluded an employee the beginning, in the 1980s, when we for people with disabilities. who was fired because he had high were doing this, and all through the But despite all this progress over the blood pressure and hypertension was 1990s, to now, and I am sorry he can’t last 18 years, we have a problem. We not covered because he took medica- be here with us today. I know he is have a big problem. And the problem tion to alleviate the symptoms. But, here with us in spirit, and that spirit arises because of a series of Supreme again, in our report, as we said before, has been strong to get us to this point Court decisions that have greatly nar- that should not be taken into account. today. rowed the scope of who is protected by In the case of Albertsons v. I also thank Senator ENZI. Prior to a the ADA. As a consequence, people Kirkingburg—we call it the couple of years ago, he was chairman of with conditions that common sense Kirkingburg case—the Supreme Court the HELP Committee and was also would tell us are disabilities are being went further and declared mitigating very interested in helping to move this told by the courts that they are not in measures to be considered in the deter- legislation along. Since he has been fact disabled and, therefore, not eligi- mination of whether someone is dis- ranking member, he has also been in- ble for the protections of the law. For abled included not only artificial aids volved, and his staff involved, in mak- example, in a ruling last year, the 11th such as devices and medications but ing sure we could get this bill here Circuit Court concluded that a person also subconscious measures that an in- today. with an intellectual disability was not dividual may use to compensate for his The fact is that Americans from all ‘‘disabled’’ under the ADA. or her impairment. What were they walks of life take enormous pride in When I try to explain to people what talking about? Kirkingburg was an in- what we have done in the last 18 years the Supreme Court has done, they are dividual who was blind in one eye. since the passage of ADA. No one wants shocked. Impairments that the Court Through experience and coping with it, to go backwards. The ADA was one of says are not to be considered disabil- he had been able to compensate for the the landmark civil rights statutes of ities under the law—at least in some fact he was blind in one eye. The Court the 20th century, a long overdue eman- cases—include amputation, intellec- said subconsciously he was able to cipation proclamation for Americans tual disabilities, epilepsy, multiple compensate for that, therefore he must with disabilities. Thanks to that law, sclerosis, diabetes, muscular dys- not be disabled. People hear this and we have removed most physical bar- trophy, cancer, and others. they say how could the Supreme Court riers to movement and access for In three decisions on the same day in have decided that? Americans with disabilities. We re- June of 1999—what we now know as the Last, in another case, the Toyota quired employers to provide reasonable Sutton trilogy—the Supreme Court case, the Court held there must be a accommodations so people with dis- held that corrective and mitigating ‘‘demanding standing for qualifying as abilities could have equal opportunity measures must be considered in deter- disabled.’’ Again, restricted; a demand- in the workplace. We have greatly ad- mining whether an individual has a dis- ing standard. We have never said that vanced the four goals of the ADA: ability under the ADA. This is in com- in the ADA bill. We didn’t say that at equality of opportunity, full participa- plete contradiction to congressional in- all. tion, independent living, and economic tent as we expressed in our committee What has happened is that countless self-sufficiency. reports. individuals have been excluded from I think the triumph of the ADA revo- When we pass laws around here, we ADA, even though the general rule of lution is all around us. I remember a don’t put every single little thing in all civil rights laws is they should be couple of years ago attending a Wash- the law; we would have huge bills. broadly construed to achieve their re- ington convention of several hundred What we do is we have committee re- medial purposes, and the ADA is a civil disability rights advocates, many with ports and findings to instruct the rights statute. significant disabilities. They arrived in courts as to what our intent is. We ex- Again, what does all this mean? What Washington on trains and airplanes pect the courts to follow them. this means is the Supreme Court deci- and buses built to accommodate people In the Senate committee report, here sions have led to a supreme absurdity, with mobility impairments. They came is what we said: a Catch-22 situation that so many peo- to the hotel on Metro and on regular Whether a person has a disability should be ple with disabilities find themselves in buses, all seamlessly accessible by assessed without regard to the availability of today. For example, the more success- wheelchair. They navigated the city mitigating measures, such as reasonable ac- ful a person is at coping with a dis- streets equipped with curb cuts and commodations or auxiliary aids. ability, the more likely it is the Court ramps. The hotel where the convention You cannot get much clearer than will find that they are no longer dis- took place was equipped in countless that. The House report said basically abled and therefore no longer covered ways to accommodate all manner of the same thing. It said: under the ADA. If they are not covered people with all kinds of disabilities. For example, a person who is hard of hear- under ADA, then any request that they There were sign language interpreters ing is substantially limited in the major life might make for a reasonable accommo- on the dais so the people with hearing activity of hearing, even though the loss dation can be denied. If they do not get may be corrected through the use of a hear- the reasonable accommodation, they disabilities could be full participants. ing aid. Likewise, persons with impairments, And the list goes on and on. In other such as epilepsy or diabetes, which substan- cannot do their job; and they can get words, a kind of seamless approach to tially limit a major life activity are covered fired and they will not be covered by making sure that anyone could partici- under . . . the definition of disability, even if the ADA and they will not have any re- pate regardless of their disability. the effects of the impairment are controlled course. For many Americans, these many by medication. Let’s look at it this way. If you are changes are kind of invisible. We kind That was in our report 18 years ago. disabled and you take medication or of take them for granted. We take curb The Supreme Court ignored that. They use an assistive device, then you will cuts for granted and ramps, and wid- ignored it. be able to do your job, right? If you ened doorways for granted. The fact is, In the Sutton case, Sutton v. United take the medication, use the assistive every building—think about this— Airlines, the Supreme Court held that device, now you can do your job, but every building being built in America for persons taking corrective measures you will not be covered by the ADA.

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.037 S11SEPT1 smartinez on PROD1PC64 with SENATE S8350 CONGRESSIONAL RECORD — SENATE September 11, 2008 Therefore, if you ask for a reasonable most exemplary of workers. All they The PRESIDING OFFICER. Without accommodation, the employer will say: need is the opportunity, a reasonable objection, it is so ordered. No, you can’t do your job, you are fired accommodation, and they can do their (See Exhibit 1.) and, guess what, you go to court and job. This bill before us today renews Mr. HARKIN. The bill is supported by the court will say: You are not dis- our promise to all Americans with dis- all the national disability organiza- abled, you use an assistive device, you abilities. We basically say we keep the tions as well the U.S. Chamber of Com- take medication. On the other hand, if basic language of the original bill, but merce, the National Association of you do not take the medication or you we also make sure the bill overturns Manufacturers, the Society for Human do not use an assistive device, you will the basis for the reasoning in the Su- Resource Management, and the Human not be qualified to do the job. preme Court decisions—as I said, the Resources Policy Association. So what is a person with a disability Sutton trilogy and Toyota case that The genesis of the legislation is a re- supposed to do? If I use medication or has been so problematic. sult of direct conversations between use an assistive device, it enables me We clearly state mitigating meas- the disability and business commu- to become economically self-sufficient, ures—such as the medication or assist- nities that should serve as a model for become independent, become fully inte- ive devices I talked about earlier—are other legislative efforts. grated in society. If I take medication not to be considered in determining I wish to say, there were a lot of ne- or use my assistive device I can do whether someone is entitled to the pro- gotiations that went on between dis- that, I can get a job. But then I am no tections of the ADA. No longer is it re- ability groups, the Chamber of Com- longer covered by ADA, and I can be port language. We put this in bill lan- merce, the Human Resource Policy As- fired or terminated. I will not get a guage so the Supreme Court can’t skirt sociation, National Association of reasonable accommodation. around it again. Manufacturers, other business groups. You can see what this has done to so The bill will make it easier for people They were long. They were involved. many millions of people with disabil- with disabilities to be covered. It ex- They were tough negotiations. There ities. What am I to do? I want to get a pands the definition of disability to in- was a lot of give and take. I think that job. But I want the coverage of ADA. clude many more life activities, includ- is the way we have to do things. But I have to give that up if I use medi- ing a new category of major body func- To those who say we cannot get any- cation or use an assistive device—an tions. The latter point is important for thing done around here, I point to this absolute absurdity. This is not what I people with immune disorders or can- bill. We can get things done around intended. It is not what anyone in- cer or kidney disease or liver disease here as long as people of good will are tended when we passed the ADA 18 because they no longer need to show willing to work together. It may take a years ago. what specific activity they are limited little time. Sometimes good things It boggles the mind that any court in, in order to meet the statutory defi- take a little time. It takes a lot of ne- would say that multiple sclerosis, mus- nition of disability. The bill rejects the gotiations, reaching across the aisle, cular dystrophy or epilepsy is not a current EEOC regulation which says reaching across to one another, and we disability covered by the ADA, but that ‘‘substantially limits’’ means can reach these kind of agreements. We that is where we are today. Think ‘‘significantly restricted’’ as too high a can move this country forward, and we about the troops coming home from standard. We indicate Congress’s expec- can make American society more fair Iraq, losing limbs, getting prostheses. and just and accommodating for all. The Court might find they are not dis- tation that the regulation be rewritten in a less stringent way and we provide I have two last things. I wish to take abled. If they might need some reason- a moment to recognize our veterans able accommodations to get a decent the authority in this bill to do so. The bill also revives the ‘‘regarded with disabilities. This bill we have be- job, the Court would find they are not as’’ prong of the definition of dis- fore us renews our commitment to en- covered by the Americans with Disabil- ability. It makes it easier for those sure that all Americans with disabil- ities Act. As a result, we have to have this bill, who suffer from discrimination because ities, including a new generation of dis- and that is what this bill is all about. of a perceived disability to be able to abled veterans who are just beginning This bill is about restoring the Ameri- seek relief if they have been fired or to grapple with the challenges of living cans with Disabilities Act back to subjected to another adverse action. to their full potential, despite any lim- where we intended it to be 18 years ago We also say the definition of disability itations imposed by the disabilities, and to give clear directions to the is to be interpreted broadly, to the are able to participate to the fullest courts about how they should decide maximum extent permitted by the possible extent in all facets of society, these cases. This bill will overturn the ADA. including the workplace. They deserve so-called Sutton trilogy and Toyota v. Again, this bill will give clear direc- equality, access, and opportunity. Williams and will give clear direction tion, of course, as to exactly what we I would like to submit for the to the courts on exactly what we mean. intend: A broad definition, more people RECORD a letter from 23 veterans It will restore the proper balance, it covered, and getting rid of that prob- groups supporting this legislation. I will clarify and broaden the definition lem of having that Catch-22 situation. ask unanimous consent it be printed in of disability, it will increase eligibility Eighteen years ago, the Americans the RECORD. for the protections of the ADA. with Disabilities Act passed with over- There being no objection, the mate- People who are denied coverage whelming bipartisan support, and I am rial was ordered to be printed in the under ADA will now be covered, and we proud to say we have that same level of RECORD, as follows: will get rid of that Catch-22 situation support today in passing this unani- VETERANS FOR ADA RESTORATION, that confronts so many people right mously. I am grateful for the bipar- Silver Spring, MD, September 9, 2008. tisan spirit with which we have consid- Re Support for new ADA Amendments Act of now with disabilities. 2008. S. 3604 I tell you, this is extremely impor- ered this bill. We have an opportunity tant in the employment context. Ac- to come together to make an impor- Hon. TOM HARKIN, tant difference for millions of Ameri- U.S. Senate, cording to most recent data, more than Washington, DC. 60 percent of individuals with disabil- cans with disabilities. Hon. ORRIN HATCH, ities are not employed. That is shame- I might say the bill enjoys strong U.S. Senate, ful, in our society, that we have an un- support in the country. I have a letter Washington, DC. employment rate among people with I will submit for the RECORD from over DEAR SENATORS HARKIN AND HATCH: When disabilities of 60 percent. These are 250 business, faith, disability, labor, a disabled veteran recovers enough to return people who want to work, who are ca- and military organizations that sup- to the workforce, it’s a slap in the face to pable of work. They want to go out and port this bill and urge its passage. run into employment discrimination. That is Madam President, I ask unanimous why we salute you for your leadership in become fully functioning members of sponsoring S. 3406 to restore the protections society and contribute to society. All consent that letter be printed in the of the Americans with Disabilities Act they need is the opportunity. RECORD at the conclusion of the state- (ADA) that have been eroded by the courts. I can tell you employers find people ments of both mine and Senator As leaders of organizations that represent with disabilities are sometimes the HATCH. men and women who have served honorably

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.038 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8351 in our nation’s military, we are proud to sup- Mr. HARKIN. I last would like to I thank my colleagues on both sides port the Senate version of the ADA Amend- thank those who helped us get to this of the aisle who have supported this ments Act of 2008 (S. 3406). day, including those who are no longer bill in overwhelming numbers and This revised ADA bill has broad bipartisan with us. My friend, Justin Dart, who made it possible to pass the bill and support and the support of an unusual coali- hopefully get it signed into law and ad- tion of business, disabilities, civil rights and was so instrumental in helping us get veterans/military groups who are working the ADA passed. We are fortunate that vance the original intent of the origi- together to reverse narrow court interpreta- his wife Yoshiko continues to carry on nal Americans with Disabilities Act. tions of the ADA that had deprived people his legacy, day after day, week after You know, there may not be a lot of with many kinds of disabilities from ADA week, year after year. Ed Roberts, the people here on the floor of the Senate protection. father of the Independent Living move- today, but I can tell you, though, It confirms that veterans and other people ment, whose work and vision live on. throughout the country there are mil- with disabilities should not lose their civil And all the disability advocates and lions of Americans with disabilities rights because their conditions can be man- people with disabilities who have been who know what we are doing here. aged with mitigating measures such as medi- They have been told. They know what cation, prosthetics and therapy, and assist- so dedicated to the goals of the ADA, ive technology. without whose hard work and dedi- we have done over the last couple or 3 The honorable men and women who have cated efforts today would not have years to overturn those Supreme Court become disabled in the service of our country been possible—people such as Jim Ward decisions. They are waiting anxiously deserve our support in every way. Often the and his family, who dedicated almost 2 for this bill to be passed, for the House best healing agent for both mind and body is years of their lives traveling on a bus to pass it, and for President Bush to to return to the workforce with a decent job around the country to every State, sign it into law so that once again they at a living wage. This bill will help make showing people about the importance can go out with full knowledge that sure they are protected from unlawful dis- of restoring the protections of ADA. they are covered by this civil rights crimination. bill, that they can go out and seek em- Disabled veterans have already sacrificed Bob Kafka of ADAPT, who was so in- so much. The very least we owe our disabled strumental in passage of the ADA, and ployment, that they can travel, that veterans is to make sure they have a remedy who has dedicated his life to fulfilling they can seek the accommodations when they face discrimination in the work- the goals of the ADA. that will make them fully functioning place because of their disability. It is the pa- I wish to say a special thank-you to members of our society and knowing triotic duty of all Americans to protect Jennifer Mathis of the Bazelon Center that they are covered by the law. So these patriots against this indignity. for her practical and practiced advice; there are millions of Americans with Again, thank you for your leadership in Sandy Finucane of the Epilepsy Foun- disabilities and their families all over sponsoring the ADA Amendments Act, S. dation; of course to Andy Imparato of this country today who I know are ex- 3406. Sincerely, the American Association of People pressing thanks to all the people who Paul J. Tobin, President and CEO, With Disabilities for always being have been involved in getting this United Spinal Association; John there in that leadership position—for done. Again, so many are not here with Rowan, National President, Vietnam his level-headed leadership, for bring- us today. They know what we are Veterans of America; Joseph Violante, ing different groups together, and doing, and they are anxiously waiting National Legislative Director, Disabled sometimes that is like herding cats to for this to pass and to get it to the American Veterans; Randy L. Pleva, get all of us together. Andy did a great President, and hopefully we will get Sr., President, Paralyzed Veterans of job in making sure we were always that done—hopefully by next week. America; Lawrence Schulman, Na- The last thing was—I thanked a lot tional Commander, Jewish War Vet- there and making sure we had our con- erans of the USA; John ‘‘JP’’ Brown ferences and negotiations and keeping of people, but I would be remiss if I did III, National Commander, AMVETS. us all headed in the same direction. So not thank the one person who more Hershel W. Gober, Legislative Director, to Andy Imparato I give my highest than any other set my feet on this Military Order of the Purple Heart; thanks and my deepest thanks for all course many years ago, who taught me Julie Mock, President, Veterans of of his helpfulness. a lot about being disabled, and who Modern Warfare, Inc.; Michael M. Thanks to Nanzy Zirkin of the Lead- taught me a lot about discrimination Dunn, President & CEO, Air Force As- ership Conference on Civil Rights; and against people with disabilities. And, of sociation; VADM Norbert R. Ryan, Jr., to Professor Chai Feldblum of the course, I speak of my brother, Frank. USN (Ret.), President, Military Offi- He was here when we passed the cers Association of America; Thomas Georgetown Law Center for creative Zampieri, Ph.D., Director of Govern- and innovative thinking, for always original ADA, but he has since passed ment Relations, Blinded Veterans As- being willing to testify before our com- on. But it was my brother who first sociation; Joseph A. Wynn, II, Legisla- mittee. said to me many years ago when he tive Director, National Association for Thanks to Randy Johnson and Mike was sent to the Iowa School for the Black Veterans. Eastman of the U.S. Chamber of Com- Deaf—they called it the Iowa School Beth Moten, Legislative and Political Di- merce; to Mike Peterson of the H.R. for the Deaf and Dumb—he said, ‘‘I rector, American Federation of Gov- Policy Association; to Jeri Gillespie of may be deaf, but I am not dumb.’’ It ernment Employees; Rick Jones, Legis- was also my brother who one time said lative Director, National Association the National Association of Manufac- for Uniformed Services; Todd Bowers, turers; and to Mike Aitken of the Soci- to me that the only thing deaf people Director of Government Affairs, Iraq ety of Human Resource Management. cannot do is hear. He wanted to do a and Afghanistan Veterans of America; Thanks to our key staff members: lot of things in his life, but because of Lupe G. Saldana, National Commander Tom Jipping and Chris Campbell of prejudices, because of discrimination, Emeritus, American GI Forum of the Senator HATCH’s staff—great to work he was held back and discriminated U.S; MSG Michael P. Cline, USA (Ret), with—and Lee Perselay, Beth Stein, against. I saw it time after time after Executive Director, Enlisted Associa- and Pam Smith of my own staff. Again, time. He was able to persevere and tion of the National Guard of the they have worked tirelessly on this day carve out a life of independence and United States; Patricia M. Murphy, Ex- ecutive Director, Air Force Women Of- after day. dignity for himself, but I often ficers Associated. I wish to thank the House committee thought, why did he have to do that? I Richard M. Dean, CMSgt (Ret), Chief Ex- staff, Sharon Lewis and Heather Saw- mean, why did it require an extraor- ecutive Officer, Air Force Sergeants yer, and Leader HOYER’s staff, Keith dinary effort on his part just to be a Association; Daniel I. Puzon, Legisla- Abouchar and Michelle Stockwell, as contributing member of our society, tive Director, Naval Reserve Associa- well as a wish for them to make quick just to enjoy a lot of things we take for tion; Richard C. Schneider, Executive work of passing this bill when it gets granted? Director of Government Affairs, Non- over to the House. So I thought so much about that. I Commissioned Officers Association; Of course, I also thank the staff of thought, you know, if I ever got in a Dennis M. Cullinan, Director, National Legislative Service, Veterans of For- the HELP Committee, the chairman’s position to do anything about it, I was eign Wars; Lani Burnett, CMSgt. USAF staff, Michael Myers, Connie Garner, going to do something. Well, as fortune (Ret.), Executive Director, Reserve En- and Charlotte Burrows, and Brian would have it, I was elected to the listed Association. Hayes with Ranking Member ENZI. House and then later elected to the

VerDate Aug 31 2005 02:34 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.008 S11SEPT1 smartinez on PROD1PC64 with SENATE S8352 CONGRESSIONAL RECORD — SENATE September 11, 2008 Senate and found myself as chairman they can be fully contributing mem- American Autoimmune Related Dis- of the Disability Policy Subcommittee bers of our society. eases Association; American Bakers under the tutelage of Senator KEN- I close my remarks by thanking the Association; American Cancer Society Cancer Action Network; American NEDY. We were able to get the first President for her indulgence, the indul- ADA act passed. gence of other Senators for permitting Civil Liberties Union (ACLU); Amer- I have to tell you a story here, just me to speak for so long. As I said, this, ican Composites Manufacturers Asso- ciation; American Council of the Blind; talking about discrimination. I was for me, for all of my adult life, is a American Diabetes Association; Amer- sworn into the Senate in January of cause to which I have committed my- ican Federation of Government Em- 1985. I had my brother, Frank; he along self, much of my staff, much of our ployees—Veterans Council. with my whole family was here sitting time and effort. I am grateful to the American Federation of Labor—Congress up there in the gallery right back here. leadership of the Senate, both on the of Industrial Unions (AFL–CIO); I I had provided for an interpreter to in- Republican and Democratic side, and American Federation of State, County terpret for my brother as he was again to my great friend and partner & Municipal Employees (AFSCME); watching the proceedings here on the Senator HATCH for making it possible American Federation of Teachers floor of the Senate. Well, then a police- for us to bring up this bill today and (AFT); American Foundation for the man came out. Actually, one of my get it passed unanimously. Unani- Blind; American Foundry Society; American GI Forum; American Islamic brothers said: The policemen are up mously. That is even better than what Congress; American Jewish Committee; there and asked the interpreter to we did with the ADA. We only had six American Kidney Fund; American leave because she could not be there. I votes against it in 1990. This is unani- Liver Foundation; American Lung As- went up to the gallery. I am about to mous. I think it sends a clear signal sociation; American Medical Rehabili- get sworn into the Senate. that whether you are Republican or tation Providers Association; Amer- I went up to find out what was going Democratic, it does not make any dif- ican Mental Health Counselors Asso- on. ference—it does not make any dif- ciation; American Physical Therapy The officer said: We cannot let people ference, we are going to stand behind Association; American Psychological up in the gallery stand up and do this people with disabilities. We are going Association; American Society of Em- interpreting. to make sure the ADA takes its right- ployers; AMVETS; ANCOR; Anixter I said: Why not? Center, Illinois; Anti-Defamation He said: It is against the rules. ful place once again as the umbrella League; APEERS (Alternative Peer What rules? civil rights statute for all Americans Edu/Enrichment Recovery Society), Well, it is against the rules. with disabilities. West Virginia; APSE: The Network on Well, I was furious. So I came down I thank all of my colleagues. I look Employment; Arab Anti-Discrimina- on the floor, and in 1985, you might re- forward to the passage of this bill in tion Committee; The Arc of Tucson, member the Senate majority leader the House. I look forward to the Presi- Arizona; The Arc of the United States. was Senator Bob Dole. So I went right dent hopefully signing it as early as The Arc of Utah; Arthritis Foundation; to Dole and I said: Senator Dole, here next week. ARISE, New York; Asian American Justice Center; Associated Builders is my problem. I got my brother up AUGUST 21, 2008 and Contractors, Inc.; Association of EXHIBIT 1 there, and they won’t let an interpreter Jewish Family & Children’s Agencies; interpret. Re: The ADA Amendments Act of 2008 Association of Programs for Rural He said: Really? Well, I will take care Hon. TOM HARKIN, Independent Living (APRIL); Associa- of that. U.S. Senate, tion of University Centers on Disabil- And he took care of it. He took care Washington, DC. ities (AUCD); Asthma and Allergy DEAR SENATOR HARKIN: The undersigned of it. So we got an interpreter. Of Foundation of America; Autism Soci- groups, representing a broad range of inter- course, now we have closed captioning ety of America; The Autistic Self-Ad- ests, write in support of the ADA Amend- vocacy Network; AZ Bridge to Inde- and all kinds of things now for Senate ments Act of 2008 (S. 3406). This bill intro- pendent Living; Bazelon Center for activities. But, again, it is just that at- duced on July 31, 2008, had 64 cosponsors as Mental Health Law; BH Electronics, titude people have. This was in 1985. of August 1, with 55 of those joining as origi- That would not happen today. Of nal cosponsors. Inc.; Bimba Manufacturing; B’nai course, we have access for people who S. 3406, the ADA Amendments Act, would B’rith International; Brain Injury As- revise the ADA, in a manner designed to sociation of America; Breast Cancer have mobility disabilities to come in, Network of Strength; Business and In- and we have made the Capitol acces- work for both people with disabilities and for entities governed under the law. The bill is a stitutional Furniture; Manufacturers sible for people with all kinds of dis- result of sustained efforts between Senators Association; Capital Associated Indus- abilities. from both sides of the aisle and intensive and tries, Inc.; Care4Dystonia, Inc.; Central But I relate that story as a way of thoughtful talks between representatives of Conference of American Rabbis; Center again thanking my brother, Frank, for the disability community and entities gov- for Women Policy Studies; Children setting my feet on this path so many erned by the law. For that reason, we believe and Adults with AttentionDeficit/Hy- years ago. For me, it has been a labor that S. 3406 strikes a delicate balance be- peractivity Disorder; Christopher and of love, not without its frustrations, tween the needs of individuals with disabil- Dana Reeve Foundation. not without saying—one day at the Su- ities and the realities experienced by entities The Christian Church (Disciples of Christ) in the United States and Can- preme Court, with Bob Dole by my including employers and public accommoda- tions, which are covered under the law. ada; CIGNA Corporation; Coastal side, listening to the Supreme Court We urge your support in making enact- Health District, Georgia; Coleman hand down one of these decisions, I ment of S. 3406, the ADA Amendments Act, a Global Telecommunications, LLC; said: What could they possibly be reality as soon as Congress returns to work Community Action Partnership; Com- thinking? We went out and talked to in September. We stand ready to work with munity Health Charities of America; the press after, Senator Dole and I did. you towards that end. Community Resources for Independent So it has had its frustrations. Sincerely, Living, California; Control Technology, We are not to the promised land yet ABC Business Services, Illinois; Abilities Inc.; COPD Foundation; Council of Par- with 60 percent unemployment among in Motion, Pennsylvania; ADA Watch/ ent Attorneys and Advocates; Council people with disabilities. We have a long National Coalition for Disability of State Administrators of Vocational Rights; ADA Help, Inc., Florida; Air Rehabilitation (CSAVR); Crohn’s and way to go. But this, the Americans Force Association; Air Force Sergeants Colitis Foundation of America; Dis- with Disabilities Act, is the civil rights Association; Air Force Women Officers; abled American Veterans; Disability statute that says to people: You cannot Associated Alliance of Disability Advo- Policy Consortium, Inc.; Disability discriminate. Just as we passed the cates Center for Independent Living, Rights Wisconsin (WI P&A); DTE En- civil rights bills that said: You cannot North Carolina; Alpha-1 Association; ergy Company; Easter Seals; Eastman discriminate on the basis of race or sex Alpha-1 Foundation; ALS Association; Chemical; Ellwood Group Inc.; Enlisted or national origin or religion, now you Alzheimer’s Association; American As- Association of the National Guard of cannot discriminate on the basis of dis- sociation for Affirmative Action; the United States; Epilepsy Founda- American Association for Respiratory tion; Evangelical Lutheran Church in ability either, plus you have to take Care; American Academy of Nursing; America; Freedom Resource Center for some other steps; we have to have rea- American Association of Diabetes Edu- Independent Living, Minnesota; Free- sonable accommodations. So this is the cators; American Association of People dom Resource Center for Independent civil rights statute that emancipates with Disabilities (AAPD); American Living, North Dakota; Friends Com- and frees people with disabilities so Association of University Women; mittee on National Legislation;

VerDate Aug 31 2005 05:41 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.043 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8353 Friends of the National Institute of Behavioral Healthcare; National Coun- U.S. Psychiatric Rehabilitation Asso- Dental, and Craniofacial Research. cil of Churches in the USA. ciation; US TOO International; Georgia Voice That Count; Granite State National Council of Jewish Women; Na- Vanamatic Company; Veterans of For- Independent Living; Guide Dog Foun- tional Council of La Raza (NCLR); Na- eign Wars of the United States; Vet- dation for the Blind, Inc.; Hearing Loss tional Council on Independent Living erans of Modern Warfare; Vietnam Vet- Association of America; Hearing Loss (NCIL); National Disability Rights Net- erans of America; West Suburban Ac- Association of America, Manhattan work (NDRN); National Down Syn- cess News Association; Wisconsin Man- Chapter; Hearing Loss Association of drome Congress; National Down Syn- ufacturers & Commerce; Women of Re- America, Mid Hudson Chapter; Hearing drome Society; National Education As- form Judaism; The Workmen’s Circle/ Loss Association of America, North sociation (NEA); National Employment Arbeter Ring; World Institute on Dis- Shore Chapter of Long Island; Hearing Lawyers Association; National Fair ability. Loss Association of America, Queens at Housing Alliance; National Family Mr. HATCH. Madam President, this Lexington; Hearing Loss Association of Caregivers Association; National Fed- is an important day in our ongoing ef- America, Western New York Chapter; eration of Filipino American Associa- tions (NaFFAA); The National Founda- fort to expand opportunities for indi- Heat Transfer Equipment Company; viduals with disabilities to participate Higher Education Consortium for Spe- tion for Ectodermal Dysplasias; Na- tional Health Council; National Health in the American dream. cial Education; Hindu American Foun- Passage of the ADA Amendments Act dation; HR Policy Association; Human Law Program; National Industries for the Blind (NIB); National Kidney Foun- establishes that the Americans with Rights Campaign; Huntington’s Dis- dation; National Legal Aid and De- ease Society of America; Hydro- Disabilities Act will continue to help fender Association; National Marfan cephalus Association; Idaho State Inde- change lives. Nearly two decades ago, Foundation; National Multiple Scle- pendent Living Council; Illinois Manu- Senator HARKIN and I stood on this rosis Society; National MS Society, facturers’ Association; International same Senate floor as partners in this Hawaii Chapter; National Organization Association of Official Human Rights cause. Of course, my good friend from for Women; National Organization on Agencies; International Franchise As- Fetal Alcohol Syndrome (NOFAS); Na- Iowa, TOM HARKIN, has been a great sociation; International Paper Com- tional Psoriasis Foundation; National leader in this area, and others as well. pany; Iraq & Afghanistan Veterans of Women’s Law Center; Naval Reserve In 1990, we worked together to America; Islamic Society of North Association; NCEP Brain Injury Reha- produce a compromise that passed the America; Japanese American Citizens bilitation Program, Nevada. Congress overwhelmingly. We stand League; Jewish Council for Public Af- NETWORK: A National Catholic Social here again today to do the same thing. fairs. Justice Lobby; Nevadans for Equal Ac- Why did we need to do this? The Jewish Reconstructionist Federation; cess, Inc.; New Jersey Protection and Americans with Disabilities Act de- J.T. Fennell Co.; Koller-Craft Plastic Advocacy; NISH; Non-Commissioned Products; Lakeside Equipment Cor- fines a disability as an impairment Officers Association; Northeast Penn- that substantially limits a major life poration; The LAM Foundation; Lamb- sylvania Manufacturers and Employers da Legal; Lawyers’ Committee for Civil Association; Northwestern Mutual; activity. It prohibits discrimination on Rights Under Law; Leadership Con- Ohio Disability Action Coalition; Or- the basis of a present, past, or per- ference on Civil Rights (LCCR); Learn- egon Family Support Network; Organi- ceived disability. ing Disabilities Association of America zation of Chinese Americans; As the ADA was put into practice and (LDA); The Leukemia & Lymphoma Osteogenesis Imperfecta Foundation; used in actual cases, the courts had to Society; Life, Inc., Georgia; Liz Thur- Our Children Left Behind; The Paget construe and apply its meaning. In ber Slipcovers; Lupus Foundation of Foundation; Paralyzed Veterans of Sutton v. United Airlines, the Supreme America; The Management Association America; Parent Project Muscular Dys- Court said that impairments must be of Illinois; Manufacturer & Business trophy; People Escaping Poverty examined in their mitigated state to Association (Erie, PA); March of Project, Minnesota; People First of Ne- Dimes; Mental Health America; Michi- vada; Portland General Electric; PPG determine whether they constitute a gan Alliance of State Employees with Industries; Precision Metalforming As- disability. Disabilities (Michigan ASED); Michi- sociation; Presbyterian Church (USA), In Toyota v. Williams, the Court said gan Chapter of Paralyzed Veterans; Washington Office; Prevent Blindness the definition of ‘‘disability’’ must be Michigan Rehabilitation Association; America; Reserve Enlisted Association; interpreted strictly to create a de- Military Officers Association of Amer- RESOLVE: The National Infertility As- manding standard for qualifying as dis- ica; Molded Fiber Glass Companies; sociation. abled. Monadnock Paper Mills, Inc.; Motor- RTC Paratransit Evaluation Services, These decisions had the effect of nar- ola; Mullinix Packages, Inc. Nevada; Roaring Spring Blank Book rowing the ADA’s coverage and the Muslim Public Affairs Council; Myas- Co.; Ryder System, Inc.; SEIU—Service protection it affords. Some explain thenia Gravis Foundation of America; Employees International Union; Self- these decisions by saying that the NAACP Legal Defense & Educational Advocacy Association of New York Fund, Inc.; National Advocacy Center State, Inc.; Services for Independent Court ignored what Congress intended of the Sisters of the Good Shepard; Na- Living, Missouri; Sikh American Legal in the Americans with Disabilities Act. tional Alliance on Mental Illness Defense and Education Fund Others explained them by saying the (NAMI); National Alopecia Areata (SALDEF); Sjogren’s Syndrome Foun- Court had to reconcile everything Con- Foundation; National Association for dation; Society for Human Resource gress said in the ADA. the Advancement of Colored People Management; Southeast Kansas Inde- Either way, when it comes to legisla- (NAACP). National Association for pendent Living Resource Center, Inc. tion, when Congress does not like Black Veterans; National Association (SKIL); Southern Champion Tray LP; something, Congress can change it, and for Employment of People who are Spina Bifida Association; State of Ne- that is what we are doing today. Blind (NAEPB); National Association vada TBI Advisory Council; Stuller, The authority over Federal disability for Uniformed Services; National Asso- Inc.; The Taylor-Winfield Corporation; policy remains right here with the Con- ciation of Councils on Developmental Teacher Education Division of the Disabilities; National Association of Council for Exceptional Children; gress, and it is our responsibility to es- County Behavioral Health and Develop- Texas Association of the Deaf; Textile tablish, change, expand, redirect, or mental Disability Directors; National Rental Services Association of Amer- amend it whenever and however we see Association of Governors’ Committees ica; Ultra Tech Machinery Inc.; United fit. That is what we are doing today on People with Disabilities (NAGC); Cerebral Palsy; United Cerebral Palsy with this bill. National Association of Human Rights of Central Ohio; United Church of The bill we pass today is the third Workers; National Association of Man- Christ, Justice and Witness Ministries; and final round of a long process that ufacturers; National Association of the United Food and Commercial Workers started more than a year ago. Physically Handicapped (Manistee International Union; United Methodist First came the introduction of the County Chapter); National Association Church, General Board of Church and ADA Restoration Act, then passage of of Social Workers; National Associa- Society. the House ADA Amendments Act— tion of State Directors of Special Edu- Union for Reform Judaism; Unitarian cation; National Association of State Universalist Association of Congrega- wonderful work done by our colleagues Head Injury Administrators; National tions; United Jewish Communities; in the House—and now passage of the Association of the Deaf; National Cen- United Spinal Association; Uniweld Senate ADA Amendments Act. ter for Learning Disabilities (NCLD); Products Inc.; U.S. Chamber of Com- Stakeholders, including disability, National Congress of Black Women, merce; U.S. Conference of Catholic business, and education groups contrib- Inc.; National Council for Community Bishops; U.S. Psychiatric Association; uted to this process. House and Senate

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.081 S11SEPT1 smartinez on PROD1PC64 with SENATE S8354 CONGRESSIONAL RECORD — SENATE September 11, 2008 committees held hearings, and staff Finally, we tried to minimize the im- When we argued the original Ameri- participated in what no doubt seemed pact this bill would have in the edu- cans With Disabilities Act on this at times as endless rounds of negotia- cational arena. While the issues that floor, I mentioned how I carried my tion. made this legislation necessary arose brother-in-law, Raymon Hansen, in my The result is a true compromise that in the employment context, any arms through the Los Angeles temple establishes more generous coverage change we make could impact edu- of the Church of Jesus Christ of Latter- and protection under the ADA in a way cators. So we affirmed in this bill what Day Saints. He weighed very little. He that maximizes consensus and mini- the courts have already ruled, that in- had to go home to an iron lung every mizes unintended consequences. stitutions of higher education are not night. This young man, who was an First, the bill removes what the Su- required to fundamentally alter edu- athlete in both high school and college, preme Court said led it to narrowly cational standards when providing rea- and a great athlete at that, got both construe the ADA in the first place. sonable accommodations to students types of polio, yet he finished his un- Congress stated in the ADA that there with disabilities. dergraduate degree in education and are 43 million Americans with disabil- This bill is supported by hundreds of went on and got a master’s degree in ities. The Supreme Court treated this groups on both the disability and busi- engineering. He worked at Edgerton, as a cap and answered the questions re- ness side and by dozens of veterans or- Germeshausen & Greer, one of the garding mitigating measures and the ganizations. great engineering firms, and he worked standard for applying the disability We introduced this bill on July 31 every day, right up until the day he definition to fit under that cap. with 55 original cosponsors, and as of died. Removing that finding removes the today that number tops 70, more than I have to admit I have been in the cap and allows the Court to construe the original ADA. More than two- presence of so many people who have and apply the definition more gener- thirds of the Democratic and Repub- disabilities, major disabilities, who suf- ously. lican caucuses have cosponsored this fer long and hard, but who have more Secondly, the bill lowers the thresh- legislation, and I believe everyone else courage, more ability, and more verve old for determining when an impair- is for it as well. than a lot of us who are not suffering ment constitutes a disability without This is a great achievement that con- from disabilities. using new undefined terms. tinues the tradition of the Rehabilita- I know Senator HARKIN mentioned Removing the finding that served to tion Act of 1973 and the ADA in 1990 in raise that threshold and using more ap- his brother and others, and I am sure removing barriers and increasing op- he will do that again today. I have a propriate findings and purpose lan- portunities for our fellow citizens with great deal of affection for Senator HAR- guage to explain its meaning made de- disabilities. KIN, and I had it before this bill back in parting from the ADA’s existing defini- The work was long and hard. Many 1990, but I have certainly had it even tional language unnecessary. pieces had to be put in the right place Third, the bill directs that the defini- for this puzzle to become clear. But the more greatly since. He is a good man, tion of disability be construed in favor picture that resulted is beautiful in- and he has a great desire to do what is of broad coverage. This reflects what deed. right in this area, and so do I. courts have held about civil rights Our commitment, our obligation, our There are millions and millions of statutes in general and what courts promise did not end with the ADA, and people with disabilities who can be held about the ADA in particular be- it will not end with today’s passage of very good, functioning members of our fore the Toyota decision; namely, that the ADA Amendments Act. society and who will benefit from this they should be broadly construed to ef- I want to particularly thank my bill, and I personally express my grati- fect their remedial purpose. friend and colleague, Senator HARKIN, tude to all of the cosponsors, but espe- I was not comfortable with the open- for his continuing leadership, as well as cially to Senator HARKIN, Senator KEN- ended rule of broad construction in the Chairman KENNEDY. He cannot be here NEDY, and Senator ENZI. These are House bill. The rule in our bill parallels today mainly because he is mending up great people who are trying to do great a similar provision in the Religious there in Massachusetts. I just chatted things here, and for a very bad election Land Use and Institutionalized Persons with him again yesterday. But he de- year, this is one of the greatest things Act, a bill I introduced and the Senate serves a lot of credit on this bill. Of we will have done in this whole year. unanimously passed in 2002. course, also deserving great credit is For that, I am truly grateful. Fourth, the bill does what the ADA the ranking member of the Health, I yield the floor. did not by prohibiting consideration of Education, Labor, and Pensions Com- (At the request of Mr. REID, the fol- mitigating measures. The committee mittee, Senator ENZI, for his support of lowing statement was ordered to be reports on the ADA say mitigating this bill and for the facilitation of this printed in the RECORD.) measures should be ignored, but the development, and others as well. All ∑ Mr. KENNEDY. Madam President, I ADA itself does not. the cosponsors deserve a great deal of strongly support the Americans with Courts consult committee reports to credit on this bill. Disabilities Act Amendments Act of clarify ambiguous statutory language I want to particularly thank staff 2008, and I commend Senator HARKIN but cannot use those reports as a sub- members who labored long and hard, and Senator HATCH for their leadership stitute for nonexistent statutory lan- including Tom Jipping on my staff, on this important measure to restore guage. So we make it clear that with Chris Campbell on my staff, and Mi- the vitality of the Americans with Dis- the exception of eyeglasses and con- chael Madsen on my staff, and Lee abilities Act. As chairman of the Sen- tacts impairments are to be considered Perselay, Pam Smith, and Beth Stein ate Committee on Health, Education, in their unmitigated state when deter- on Senator HARKIN’s staff. This bill Labor and Pensions, which has juris- mining whether they are disabilities. would not have come along as well as it diction over this legislation, I know Fifth, the bill makes the current pro- has without these wonderful staff peo- too well how urgently this legislation hibition of discrimination on the basis ple who worked so long and pro- is needed to protect the civil rights of of being regarded as having a disability digiously to help make this work. persons with disabilities. apply to the broader category of im- There were times when people America’s strength and success as a pairments. I have to say this is a sig- thought that divergent interests and nation have been fueled by its founding nificant step because individuals will diverse viewpoints simply could not be promise of equal justice for all. Yet for no longer have to prove they have a reconciled, especially in this area. much of the Nation’s history, persons disability or that their impairment They thought the same thing back in with disabilities were treated as people limits them in any way. 1990. Since we came together then to who needed charity, not opportunity. The bill balances this by limiting the produce the ADA, I knew we would ul- Out of ignorance, the Nation accepted remedies available under this provi- timately come together now to produce discrimination for decades, and yielded sion. This is a good example of how we the ADA Amendments Act, and we did. to fear and prejudice. work to balance the impact of the bill I know this will make a real dif- In the 35 years since passage of the and to accommodate the interests of ference in the lives of real people, and Rehabilitation Act of 1973, which out- the parties affected by it. for that I am humbled and grateful. lawed discrimination against persons

VerDate Aug 31 2005 03:57 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.044 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8355 with disabilities in programs and ac- activity and pose the risk of confusing a professional field. The purpose of tivities receiving Federal funds, our the threshold determination of who is standardized examinations is to create Nation has made great progress toward covered by the act. Fortunately, our a set environment in which to carefully making the promise of equal justice a Senate bill avoids this problem and determine and ensure that applicants reality for such persons. The Fair provides the broader coverage needed have the knowledge, skill, and ability Housing Amendments Act of 1988 con- to correct the excessively restrictive to perform in the real world. Certain tinued this progress by extending hous- and unintended interpretation in the performance measurements can only be ing protections to persons with disabil- litigation. evaluated under set parameters. It is ities, but it was the Americans with In addition, the bill’s findings and vital that standardized testing organi- Disabilities Act of 1990 which opened purposes section states that ‘‘the ques- zations not be required to fundamen- wide the doors of opportunity by pro- tion of whether an individual’s impair- tally alter key performance measure- viding long-overdue protections ment is a disability under the ADA ments when providing reasonable ac- against job discrimination and greater should not demand extensive analysis.’’ commodations to students with disabil- access to public accommodations. The This statement makes clear that ities. 1990 act was a giant step toward guar- courts normally should not require an As a doctor, I understand the need to anteeing that persons with disabilities extensive examination of an individ- ensure that future physicians have the would be full participants in the Amer- ual’s disability in cases under the ADA. ability to safely and skillfully provide ican dream. In such cases the main focus should be medical care. Patients should not have Unfortunately, however, in many job on whether discrimination has oc- to worry about whether their treating discrimination cases, the courts have curred, not on the threshold issue of physician is qualified. interpreted the act so narrowly that whether an individual’s impairment Public health and safety is based on many of us who were original sponsors qualifies as a disability. As the Senate the ability of these physicians to work of the act barely recognize it today. Statement of Managers explains, under pressure, respond quickly, and do Courts have ruled that many of the courts should not interpret this state- so in a manner that protects the well- very persons the act was designed to ment to constrain plaintiffs from offer- being of the patient. The real world re- protect are not covered by its provi- ing evidence needed to establish that quires a physician to concentrate and sions. These decisions have improperly their impairment is substantially lim- think clearly, often within a very shifted the emphasis in ADA cases iting. Of course, this statement in the small timeframe. Licensed physicians throughout the away from the central question of bill does not impose any limitation on country are required to take a stand- whether discrimination occurred. what evidence the party with the bur- ardized test to meet the requirements The bill we are considering today re- den of proof on the issue of disability expected of the profession. Deter- affirms Congress’s intent that the may offer. Indeed, such a position mining whether an accommodation is courts should interpret the ADA broad- would be inconsistent with clearly es- reasonable should be left to the licens- ly to fulfill its important purpose. In tablished evidentiary and procedural ing board. When a testing organization deciding whether to grant relief under rules, and constitutional requirements or a licensing board has made a deci- the act, courts should respect the act’s as well. The party with the burden of sion in good faith about an appropriate goal of expanding opportunities for per- proving disability is free to introduce accommodation, the decision should be sons with disabilities. all the evidence of disability that he or given great deference. This is particu- In particular, courts have narrowed she believes is appropriate, consistent the first prong of the ADA’s definition larly true in light of the important role with evidentiary and procedural rules. these examinations play in the licens- of disability, which defines a disability As the Equal Employment Opportunity ing process and the safety of the gen- as a physical or mental impairment Commission has stated in a related eral public. that ‘‘substantially limits’’ one or context, the plaintiff’s evidentiary bur- It is important that the integrity of more life activities. As explained in the den is minimal. standardized tests for the licensing of statement of managers, the bill seeks Our goal in this bill is to greatly en- professionals in the field of medicine is to remedy this problem by clearly re- hance the protections against discrimi- maintained. The legislation does not jecting the reasoning of cases like Toy- nation for persons with disabilities, require accommodations which would ota Motor Manufacturing, Kentucky, and I hope these clarifications will alter key performance measurements. Inc. v. Williams in 2002, in which the avoid further confusion in future liti- There is no record that this legislation Supreme Court held that this prong of gation. I am proud to join with Sen- would require standardized testing or- the definition must be ‘‘be interpreted ators HARKIN and HATCH and the other ganizations, such as the State Boards strictly to create a demanding stand- sponsors in support of the act, and I of Medicine, to fundamentally alter ard for qualifying as disabled,’’ and strongly urge the Senate to approve their examinations with accommoda- that ‘‘substantially limits’’ means it.∑ tions that will undermine the essential ‘‘prevents or severely restricts.’’ Mr. BARRASSO. Madam President, purpose of their exam. The bill also rejects the Supreme this act has opened the door to hun- Mr. DURBIN. Madam President, in Court’s earlier holding in Sutton v. dreds of thousands of individuals to ac- passing the ADA Amendments Act of United Air Lines, which also imposed tively participate and contribute to 2008 on this day—September 11—the too heavy a burden on plaintiffs seek- our great Nation. It has raised the con- Senate has managed to recapture, at ing relief under the act. science of our Nation regarding disabil- least for a time, the sense of unity and Although the House of Representa- ities and the impact they have on their purpose that sustained our nation on tives’ consideration of the pending leg- lives. The fair treatment of the citizens this day 7 years ago. This is not a islation was of significant assistance to of the United States is paramount. Democratic or Republican victory. the Senate on this issue, in one impor- Every citizen, regardless of the obsta- This is a major victory for all Ameri- tant respect the Senate diverged from cles in their lives, should have the op- cans. the reasoning expressed in the reports portunity to work, live and fully par- The Americans with Disabilities Act of the committees of jurisdiction in the ticipate in our society. is one of the major civil rights laws in House. The House version of the bill de- There are many individuals with dis- our nation’s history, but recent court fined ‘‘substantially limits’’ as ‘‘mate- abilities who are exceptional physi- decisions have narrowed its scope and rially restricts,’’ and the House Com- cians and professionals. It is clear that mistakenly excluded many people who mittee reports explained this term situations will arise in which an indi- should be protected. with reference to a spectrum or range vidual desiring to become a licensed The Supreme Court has created a of severity. The term ‘‘materially re- physician has a legitimate disability cruel catch-22: If you can manage your stricts’’ in the House bill and these and a reasonable accommodation can disability you might not be protected portions of the House reports set an in- be made during standardized testing. by the ADA. People end up with ter- appropriately high standard for the de- Licensing boards have the responsi- rible choices. Should I take the medi- termination of whether an individual is bility to accurately measure an appli- cation I need to stay healthy and be de- substantially limited in a major life cant’s skills and abilities to practice in nied the protections of the ADA? Or do

VerDate Aug 31 2005 03:57 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.049 S11SEPT1 smartinez on PROD1PC64 with SENATE S8356 CONGRESSIONAL RECORD — SENATE September 11, 2008 I stop taking my medication so that I protected and that people with disabil- regardless of race, gender, national ori- can be protected from discrimination? ities are fully protected. It is my hope gin, religion, sex, age, or disability. It That is not what Congress intended that this legislation will also help is unacceptable to deny any individual when it passed the ADA. America become more accepting of di- his or her right to those protections be- By passing the ADA Amendments versity. cause of a misconstrued definition of Act, the Senate is undoing the damage I would like to take a moment to ap- disability. Our country has an obliga- caused by the Supreme Court and re- plaud Senator HARKIN for his leader- tion to its citizens to ensure that their affirming the principle that America ship on the ADA. Without his leader- fundamental rights are protected, and, will not tolerate discrimination based ship neither the ADA, nor this legisla- if those rights are violated, that the on real or perceived disability, fears tion, would have been possible. I also option of recourse is available. and stereotypes. would like to praise my good friends This antidiscrimination legislation America has made real progress since Senator KENNEDY and Senator HATCH, would move us forward as one Nation President George H.W. Bush signed the whose commitment to the issue made in the direction that was intended 18 ADA in 1990. Many of the physical the passage of this legislation possible. years ago. If this bill is signed into law, changes the ADA has brought about— For decades, we have fought for the it will provide much needed clarifica- like curb cuts—benefit all Americans, civil rights of people with disabilities, tion on the definition of disability, not just those with disabilities. Be- combating the antiquated mindsets of covering those individuals that rightly cause of the ADA and other disability segregation, discrimination, and igno- need protections under this law. The rights laws millions of Americans with rance. Our Nation has come from a bill rejects the findings of the Supreme disabilities have gained access to pub- time when the exclusion of people with Court cases and specifies that miti- lic accommodations, quality edu- disabilities was the norm. We have gating measures are not to be consid- cations, and equal housing opportuni- come from a time when doctors told ered in disability determining and ties. parents that their children with dis- clarifies that the definition should be But too many people remained abilities were better left isolated in in- more broadly interpreted. locked out of the workplace. Employ- stitutions. We have come from a time Fortunately, we are a changing soci- ment rates for men and women with when individuals with disabilities were ety, and we have come a long way since disabilities have actually declined not considered contributing members those times of segregation and stigma. steadily since the ADA became law. of society. Those times have thank- Recognizing that our society needs to Today, more than 60 percent of work- fully changed. The passage of the ADA take yet another step to improve the ing-age Americans with disabilities are in 1990 provided the first step toward civil rights of our fellow citizens, I unemployed, and Americans with dis- that change our country so desperately urge my colleagues to join with us and abilities who do work are almost three needed. pass the ADA Amendments Act of 2008. times more likely to live in poverty Although we have come along way in I sincerely hope my colleagues will than workers without disabilities. That the past 18 years, the Americans with join me in bettering our country by is wrong, and it must end. Disabilities Act has not afforded the passing the ADA Amendments Act. As The march of progress in America full protections that this antidiscrimi- we are a just society, I will continue to can be marked by the expansion of nation statute originally intended to fight for the rights of my fellow Ameri- freedom. Slaves who were denied full provide. The law has been repeatedly cans with disabilities so that we all citizenship under our Constitution misinterpreted by the courts that have have an equal chance to achieve the were given their rights with amend- used an extremely narrow definition of American dream. I urge my fellow col- ments after our Civil War and civil disability. This definition is so narrow leagues to support this essential piece rights legislation almost a century that many defendants with clear dis- of legislation on behalf of the Amer- later. Women denied the right to vote abilities cannot even get their case ican people. in America for generations finally won heard in a courtroom because they do Mr. HARKIN. I suggest the absence of that right a century ago. not qualify as having a disability. Peo- a quorum. It is time indeed, it is past time—to ple with disabilities excluded from pro- The PRESIDING OFFICER. The expand our concept of freedom and ac- tections under the ADA include those clerk will call the roll. knowledge the rights of another group with amputations, muscular dys- The legislative clerk proceeded to of Americans who have suffered dis- trophy, epilepsy, diabetes, multiple call the roll. crimination through history: people sclerosis, cancer, and intellectual dis- Mr. GRASSLEY. Madam President, I with disabilities. It is my hope and ex- abilities. ask unanimous consent that the order pectation that the House and Senate Ultimately, a series of Supreme for the quorum call be rescinded. can work together to resolve minor dif- Court rulings established precedents The PRESIDING OFFICER. Without ferences between our two bills and send that leave many of our fellow citizens objection, it is so ordered. the President a bill that he can sign with disabilities little or no protec- f that will protect all Americans with tions under current law. These deci- disabilities. sions created a platform for future TAX POLICY Mr. DODD. Madam President, I rise courts to say that a person does not Mr. GRASSLEY. Madam President, to support wholeheartedly the ADA have a disability when they benefit today I wish to continue my discus- Amendments Act of 2008. Nearly 20 from mitigating measures such as sions about one of the big choices fac- years ago Congress passed the medications, therapies, or other cor- ing voters this fall. That choice is groundbreaking Americans with Dis- rective devices. Ironically, this means which of our colleagues, Senator abilities Act. Because of its enactment that people with disabilities who use MCCAIN or Senator OBAMA, should we and implementation, our country has measures such as assistive technology follow in terms of future tax policy. I made progress in eliminating the his- to help them lead more self-sufficient speak as ranking member and former torical stigma previously associated lives are ultimately not protected from chairman of the Committee on Finance with disability and guaranteeing basic discrimination related to their dis- that has jurisdiction over tax policy. civil rights and liberties to people with ability. The Supreme Court decisions In recent weeks—when I say in re- disabilities. I was a proud supporter of further narrowed the definition of dis- cent weeks, I mean in July because we the ADA then, and I am a strong sup- ability by imposing a strict and de- weren’t in session in August—I have porter of the ADA Amendments Act of manding standard to the definition of talked about the history of party con- 2008 now. In the years since the ADA disability—barring Americans coping trol and the likelihood of broad-based became law, the courts have inappro- with intellectual disabilities from the tax increases. I will use the tax in- priately limited its scope, and many law’s protections. crease thermometer—and that ther- Americans with disabilities have been Equal protection under the law in the mometer is up here—to point out his- denied the rights the law was intended United States of America is not a privi- tory. I have discussed the specific to give them. This legislation will lege, but rather, it is a fundamental precedent of the 1992 campaign with its serve to ensure that those rights are right due every citizen of our Nation, promise of middle-class tax cuts and

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.051 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8357 the 1998 world record tax increase that These critics and Members who shared trepreneurs will receive most of the tax re- hit taxpayers above $20,000. I have re- their view failed to examine the data lief from cutting the top marginal tax rates. ferred to a case of tax hike amnesia, on the whole bill, and if they had, they ‘‘I’m pleased this analysis shows the tax and I put up my famous Rip Van would have come to a different conclu- cut we passed will provide relief for farmers Winkle chart. I have discussed the im- sion. and ranchers and our agriculture commu- nity, as well as small businesses and entre- pact of the McCain and the Obama The fact that the Democratic Presi- dential candidate this year is embrac- preneurs throughout our country,’’ Baucus plans, and in July I also talked about said. ‘‘My State is an agriculture and small how the McCain and Obama plans ing most of the policy from the bipar- business State, and it’s heartening to know would affect seniors and middle-income tisan deal should give these liberal that this tax cut will put money back in the families. Today, I wish to focus on critics some pause. Senator OBAMA’s economy and help create more jobs.’’ small business and the effect on small campaign tax plan confirms what I said Grassley said, ‘‘One of the goals of our bi- business of the tax policies of the re- many times over the last 7 years. It partisan tax cut was reducing the tax burden spective Presidential candidates. confirms that the bill Chairman BAU- for small businesses. ‘‘That’s important be- There has been a lot of controversy CUS and I crafted in 2001 was a bipar- cause small businesses create most of the over the years about the effect of mar- tisan plan that would stand the test of jobs in this country. The new analysis shows ginal tax rate increases on small busi- time. that we succeeded in our desire to re-kindle the fire fueling the small business engine.’’ ness. It first arose back in 1993. At that Since the top rates of 35 percent and At the Senators’ request, the Treasury De- time, President Clinton and the con- 33 percent were the source of consider- able opposition back then in 2001, there partment’s Office of Tax Analysis calculated gressional majority Democrats pushed that when the new tax relief law is fully through legislation that retroactively was a lot of debate about their merits. phased in, entrepreneurs and small busi- raised the top marginal income tax Aside from the general economic bene- nesses—owners of sole proprietorships, part- rates. The rate was 31 percent. Under fits of the increased incentives for nerships, S corporations, and farms—will re- the 1993 bill, two new higher rates went work and investment, Chairman BAU- ceive 80 percent of the tax relief associated into effect: the 36-percent rate and the CUS and I focused on the benefits to with reducing the top income tax rates of 36 39.6-percent rate, and that is where it small business. On Monday, August 20, percent to 33 percent and 39.6 percent to 35 percent. Such business owners make up 62 2001, Chairman BAUCUS and I released a was until the 2001 tax bill. percent (about 500,000) of the 800,000 tax re- One of the criticisms of those higher statement on the Treasury Depart- turns that will benefit from the new 33 per- marginal tax rates passed back in 1993 ment’s analysis of that 2001 tax bill, cent and 35 percent rates, according to the was that these rates would harm small and I will quote from part of that press analysis. business. Did they harm small busi- release that Senator BAUCUS and I put Baucus and Grassley said most of the job ness? Well, I am here to say they did, out: growth over the past decade has come from but I have to back up what I am say- Owners of sole proprietorships, partner- small businesses, noting that 80 percent of ing. ships, S corporations, and farms will receive the 11.1 million new jobs created between In the year 2001, Chairman BAUCUS— 80 percent of the tax relief associated with 1994 and 1998 were from businesses with fewer now the Democratic chairman of the reducing the top income tax rate of 36 per- than 20 employees, and 80 percent of Amer- committee I used to chair—Chairman cent to 33 percent and 39.6 percent down to 35 ican businesses have fewer than 20 employ- percent. Senators Baucus and Grassley said ees. Experts agree that lower taxes increase BAUCUS and I crafted a bipartisan pack- most of the job growth over the last decade a business’ cash flow, which helps with li- age of marginal rate reductions. The has come from small business. Experts agree quidity constraints during an economic slow- first part of 2001, I was chairman of that lower taxes increase a business’s cash down and could increase the demand for in- that committee, and Chairman BAUCUS flow which helps with liquidity constraints vestment and labor, the senators said. was the ranking member. So in 2001, we during an economic slowdown and could in- An October 2000 report by the National Bu- had this bipartisan package of mar- crease the demand for investment and labor. reau of Economic Research, a well-regarded ginal tax rate reductions. Part of that That is the end of the quote of Sen- non-partisan organization, entitled ‘‘Per- package brought the top rate from that ator BAUCUS’s and my press release sonal Income Taxes and the Growth of Small 39.6 setup in 1993 down to 35 where it is commentary on the 2001 tax bill impact Firms,’’ says plainly that when a sole propri- etor’s marginal tax rate goes up, the rate of now. on small business. Another part of the package lowered Madam President, I ask unanimous growth of his or her business enterprise goes down, the senators said. the 36-percent rate to 33 percent. Al- consent at this point to have printed in The bipartisan tax cut bill responded to the RECORD a copy of that August 20, though the nonpartisan Joint Com- the fact that individual income tax collec- mittee on Taxation, in its distribution 2001, Baucus-Grassley press release. tions were near an all-time high, even higher analysis, concluded that the legislation There being no objection, the mate- than some levels imposed during World War improved the progressivity of the Tax rial was ordered to be printed in the II. Baucus and Grassley said individual rate Code, the top marginal rate reductions RECORD, as follows: cuts are important relief for small businesses were controversial. U.S. SENATE, because most small business owners and Many of the liberal Members of this COMMITTEE ON FINANCE, farmers operate their businesses as sole pro- body and in the punditry decried the Washington, DC, Aug. 20, 2001. prietorships, partnerships, Limited Liabil- marginal rate reductions as a tax cut BAUCUS, GRASSLEY, NEW ANALYSIS SHOWS ity, Corporations or S corporations. The in- TAX CUTS HELP SMALL BUSINESSES come of these types of entities is reported di- for the wealthy. Many of the press WASHINGTON.—Sen. Max Baucus, chairman rectly on the individual tax returns of the echoed those criticisms. They focused of the Senate Finance Committee, and Sen. owners. A rate reduction for individuals re- on the top rate reductions and defined Chuck Grassley, ranking member, today said duces rates for farms and small businesses. the bipartisan, broad-based tax relief a new U.S. Treasury Department analysis Baucus and Grassley were instrumental in as ‘‘the Bush tax cuts for the rich.’’ shows that farms, small businesses and en- passing the bipartisan tax cut legislation. TABLE T08–0164.—DISTRIBUTION OF TAX UNITS WITH BUSINESS INCOME BY STATUTORY MARGINAL TAX RATE ASSUMING EXTENSION AND INDEXATION OF THE 2007 AMT PATCH, 2009 1

2 3 All tax units Tax units with business income Percent of tax units with business income Business in- Statutory marginal income tax rate come as per- Number Percent of Number Percent of Greater than Greater than Greater than 3 (thousands) total (thousands) total Greater than 0 10% of AGI 25% of AGI 50% of AGI cent of AGI

Non-filers ...... 20,758 13.8 999 2.9 4.8 3.7 3.3 3.0 7.5 0% ...... 23,434 15.6 6,960 20.0 29.7 28.6 26.0 22.8 62.7 10% ...... 22,375 14.9 4,740 13.6 21.2 16.2 12.6 8.9 12.1 15% ...... 49,522 33.0 11,024 31.7 22.3 12.5 7.8 4.5 6.9 25% ...... 25,506 17.0 6,662 19.2 26.1 12.0 7.1 4.2 6.7 26% (AMT) ...... 2,434 1.6 1,160 3.3 47.6 21.0 12.9 7.8 11.4 28% (Regular) ...... 3,137 2.1 1,175 3.4 37.4 20.6 15.4 10.4 13.0 28% (AMT) ...... 2,164 1.4 1,353 3.9 62.5 38.2 29.6 20.5 21.5 33% ...... 335 0.2 206 0.6 61.7 46.3 38.0 29.9 31.6 35% ...... 577 0.4 457 1.3 79.2 57.6 50.3 40.7 38.8 All ...... 150,241 100.0 34,736 100.0 23.1 15.2 11.4 8.4 14.7 Source: Urban-Brookings Tax Policy Center Microsimulation Model (version 0308–5). 1 Calendar year. Assumes extension and indexation of the 2007 AMT patch. Tax units that are dependents of other tax units are excluded from the analysis. 2 Includes all tax units reporting a gain or loss on one or more of Schedules C, E, or F. 3 Business income is defined as the sum of the absolute values of the gains or losses reported on Schedules C, E, and F.

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.054 S11SEPT1 smartinez on PROD1PC64 with SENATE S8358 CONGRESSIONAL RECORD — SENATE September 11, 2008 Mr. GRASSLEY. I wish also to thank folks who own those businesses are share of future jobs is going to come my friend, Chairman BAUCUS, and drawn from the community. They at- from small business employers. I rec- those on the other side for sticking tend the local Rotary clubs. They sup- ommend that my colleagues consult with me on these marginal rate reduc- port the local little leagues. the Small Business Administration’s tions over the years. With a strong im- Small business, as I see it, is a stabi- Office of Advocacy’s ‘‘frequently asked pulse to raise marginal rates in the lizing yet very dynamic social force questions,’’ which is available on the Democratic caucus, I know these votes and just not an economic being. So Internet at www.sba.gov/advo. were not easy. I know that small busi- when we talk about small business, we We should not be surprised that ness folks in the State of Montana and should not use any artificially low lev- other Members who supported it are els of income. We should use a com- small businesses create the lion’s share also very grateful because it has really monsense definition of small business. of the new jobs. A lot of American eco- helped small business, besides giving There is too much at stake to demagog nomic might, a lot of know-how and parity between proprietorships and cor- the definition. dynamism, resides in small business. porations which have a 35-percent rate, It seems a good place to go for a defi- According to the latest Treasury data, and there is no reason to tax businesses nition of small business would be the flow-through small business accounts that are sole proprietorships more than Small Business Administration, the for 93 percent of all businesses, 36 per- big fat corporations. SBA. For most Federal policies, as a cent of business receipts, 34 percent of Today, now, 7 years later, we find rule of thumb, the SBA would tell you the wages paid, and 50 percent of all ourselves in the same debate. The data it would be a privately held business business income. I have a chart here and implication of it are still very im- with 500 or fewer employees. When we that shows the growth of these flow- portant in debating the merits of the are considering tax policy—specifically through small businesses since the stated top rates of 35 percent and 33 the tax rate applicable to business—we year 1980. You can see it. The solid percent. Senator MCCAIN’s position is have two categories. The first one is line, the number of businesses—the that we should not raise those rates, regular corporations. Virtually all big large dashes are total receipts and the especially in a time of the economy businesses—that is, publicly traded small dashes are net income less def- slowing down. Senator OBAMA insists companies—are taxed under the reg- icit. that we raise those top rates. This is a ular corporate rate schedule. While I have focused on the flow- sharp tax policy difference between the There are several Tax Code rules through, keep in mind that many of two potential Presidents. dealing with small business. In general, the other small businesses would be af- As ranking member on the tax-writ- the Tax Code treats those businesses fected by the top marginal rates. Let’s ing Finance Committee, it is my duty that go to the capital market dif- focus on the small business data. We to clarify this important debate. Our ferently from those businesses that are have another chart here. The non-flow- constituents have a right to be in- financed by their owners. There are through small businesses are what we formed in an intellectually honest special rules for depreciation and there call C corporations. These entities are manner on this very important ques- are special pension rules. Most impor- taxed like conventional corporations tion. So, Madam President, let’s take a tant, however, are the rules that allow but are not big publicly traded busi- look at this small business issue. small business to avoid the double tax- nesses. So the owners are paid through The first question we need to con- ation that applies to corporate earn- salary and dividends. These small busi- sider is what is small business. The sec- ings. Owners of certain kinds of small nesses account, as you can see, for ond question would be what role do business corporations, known as S cor- about 10 percent of the total receipts. these small businesses play in our over- porations, can elect to be taxed as pro- all national economy. After that, we prietorships or partnerships. That is, In terms of business receipts, then, need to get a handle on which small these corporate shareholders include the combination of flow-through and businesses are affected by the higher the business income on their personal regular corporations accounts for rates that Senator OBAMA has pro- income tax returns. In general, an S about 46 percent, or almost half, of the posed. Finally, we need to get a sense corporation can have no more than 100 Nation’s private sector income. These of how the small businesses are af- shareholders. In the case of families or regular small business entities account fected on the short term and long term. pension plan owners, the number of for 13 percent of the wages paid, and I am going to deal with each one of shareholders can, in fact, be larger. when combined with flow-throughs, the these questions right now. So with respect to the first question, small business sector accounts for 47 So the first question: What is a small I think we are on pretty solid ground percent of wages paid. That is almost business? It is not a precise answer. In in identifying any small business as a half of the wages paid in the private one way, some on the other side have privately held business with 500 or sector jobs. In terms of net income, said small businesses that matter are fewer employees and, of course, the these regular small business entities only those with owners who earn less vast majority of them probably only a account for 2 percent of the net busi- than $200,000 to $250,000. To those folks handful of employees, and maybe all ness income. But when combined with at the local hardware store, if one of within the family. You won’t find the flow-throughs, the small business the owners or the sole owner owns over much controversy, I believe, over that sector accounts for 52 percent of net $250,000, no matter how many folks it definition because it is one that we use business income. So that is over half of employs, it is the same as a Home here a lot on a lot of tax policy when it the net business income in our Nation. Depot or a Lowe’s. Those of us from comes to SBA-type legislation. In other words, small businesses are a the heartland know the definition of Let’s go to the second question, very vital, important, and productive small business is not limited to those which is what is the economic impact part of our economy. whose owners make $250,000 or under. of small business. No one disputes the We may use the adjective ‘‘small’’ to For us, it depends on whether the busi- fact that small business creates most describe this part of the business sector ness is locally based. It depends on of the jobs in America. According to of our Nation, but the economic impact whether the business finances its the Small Business Administration’s of these businesses, then, as you follow growth from its own earnings. Con- Office of Advocacy, small businesses this chart, is not small. Like the an- versely, to folks from small towns such generated 60 to 80 percent of the net swer to the definition of small busi- as myself, big business is generally the new jobs annually over the last decade. ness, I don’t think many on the other companies that finance themselves I think that is important to think of. side would quarrel with the notion that through the stock market. Again, over the last decade, small busi- small business is a key part of our The reason the distinction is impor- ness has generated 60 percent to 80 per- tant for public policy issues such as the cent of the new jobs. economy. level of taxation is that we value local Where are tomorrow’s jobs going to We have answered the first two ques- or regionally based businesses. The come from? The answer is the largest tions, the definition of small business

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.055 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8359 and its economic impact. Now, we need the rates proposed by Senator OBAMA. than them, who cares if the rates go to ask that very vital third question So the blue line is Senator OBAMA, and up? That is good politics. When you are that is being dealt with or being af- the red line is Senator MCCAIN. talking about 1 percent or 2 percent of fected in this campaign for the Presi- For that same group of taxpayers, the population versus the rest, your dency. How are small businesses taxed? Senator OBAMA proposes, in addition, theory is redistribution. You are going How should they be taxed? And what is to tax dividend income at 20 percent in- to be making an easier political case. the impact of that tax? stead of 15 percent. That is a 33-percent That is where they leave it. First off, small business owners pay increase. There is a huge assumption that the tax. The individual tax rate, at the So for these regular non-flow- makes this argument so very dan- owner’s level, is the rate paid by small through small business owners, the gerous and has economic impacts in business. These businesses are de- amount of tax owed on their business the end. The assumption is that since scribed as flow-throughs because the income would rise at a range of some- the number of filers is limited to business income and the tax burden where between 17 percent to 33 percent. roughly 2 percent, the business activity flows through to the business owner. I As with the answers to the questions is likewise limited. have a chart here that shows how the of definition and economic impact of The assumption is extremely dan- small business owner is taxed. It may small business, I don’t think folks on gerous economic policy. Why? I will look a little complicated, but it is not the other side would dispute what I give two reasons. One, the 2 percent as complicated as it looks. It shows the have said about how small businesses understates the number of small busi- business entity. It could be a partner- are taxed. nesses affected. Second, the assump- ship or an S corporation or a propri- Now we come to the fourth question. tion assumes any negative effect of re- etorship. The business gets its cash That question is: What is the relation- moving resources from small business. from four sources. The first is sales. ship between the top marginal tax You don’t have a lot of room, as the The second is debt. As a practical mat- rates and small business activity? Put chart shows, to play with small busi- ter, a business may be able to access another way, how much small business ness. They don’t go to Wall Street and credit only if its owners are willing to activity will be affected by the in- sell their stuff. They have to accumu- guarantee the debt. The third source is creased rates Senator OBAMA proposes? late their own capital. Let’s go to that first dangerous as- the owner’s investment. The fourth is Unlike the first three questions, the sumption that I just proposed of under- retained aftertax profit. That aftertax answers to this question have been stating the number of small businesses profit is a very important part of the very controversial. affected by that 2-percent figure. Dis- economic viability of small business. I Over the years, folks who are hostile tribution tables are like any other esti- emphasize ‘‘aftertax.’’ These are to marginal rate reduction have point- mate. Inside this beltway, distribution sources of cash for the business. ed to one statistic. They have referred The business uses its cash to pay to the percentage of small business tax tables are a fetish. Many on the left side of the political spectrum worship workers. It uses this cash to pay other filers who fall in the top two rates. For at the altar of distribution statistics. expenses, such as utilities, rent, and instance, they cite a statistic from the They treat it as the only measure—the supplies. A business either makes a Tax Policy Center that concludes that only measure—of whether a tax policy profit or a business suffers a loss. If it only 1.9 percent of the filers with busi- proposal is good tax policy or bad tax makes a profit, the profit is taxed at ness income pay the top two marginal policy. Economic consequences, what the owner’s level; it flows through to rates. do they matter? But distribution tables the owner. At that point, the Federal According to the Tax Policy Center are an analytical tool meant to inform Government takes or gets its share. analysis, that percentage is roughly a tax policy debate. Distribution tables The aftertax profit then, of course, is three times the percentage of tax filers are a snapshot. Like any other snap- in the general population. They will available to the owners. That aftertax shot, the analysis is limited. profit, I will say once again, is a very state that the proportion of small busi- Let’s take a look at the oft-cited Tax important factor. That is where tax ness owners in the top two brackets is Policy Center distribution tables. The policy in this Presidential debate is roughly similar to that of the general table references a total of roughly 35 very important. taxpaying population. The opponents million business tax units. That is a Currently, the top two Federal tax of marginal rate relief will use this proxy for tax returns and households. rates are, since 2001, 33 percent and 35 data to conclude the small business About 30 percent of that total, roughly percent. Senator MCCAIN wants to keep owners’ tax profile is similar to the 8 million tax units, represent folks who the rates right there. Senator OBAMA nonbusiness taxpayer profile. Since the pay no income tax for that year. The wants to raise statutory rates to 36 tax profile is similar, the general redis- footnote to the table states that all percent and 39.6 percent, where they tribution argument applies. The bot- business income is defined as the sum were set between 1993, under President tom line is that opponents will argue of ‘‘gains or losses reported on Sched- Clinton, until 2001. In addition, Senator that raising marginal tax rates on ules C, E, and F.’’ Those are where the OBAMA also wants to restore kind of a small business owners makes the tax flow-through income is reported on the hidden marginal rate increase; that system more progressive. owner’s tax return. was referred to until recently in part of For the opponents of marginal rate When you look at small business the Tax Code, known as PEP and relief, that is where the discussion gains and losses, it is quite revealing. Pease. With these additional add-ons of ends. It comes down to the view of tax Small businesses are at the cutting a hidden marginal tax rate, their real fairness from their perspective. Al- edge of our capital system. With cap- marginal tax rates actually go up though the statistics show small busi- italism comes the viability of the busi- above 39.6, to 40 percent and 41 percent ness owners are three times more like- ness cycle. Small businesses are more respectively. ly to be in the top two brackets, that susceptible to the good and bad years Senator OBAMA has also proposed to matters not one whit to the opponents. that come with business cycles. One raise the Social Security tax on the The rates must go up and the revenue year a small business may do very well; same group of small business owners by must be spent on expanding Govern- the next year might be a year of loss. 2 percent to 4 percent. Recently, how- ment. For an example of this perspec- As evidence of this volatility, I would ever, Senator OBAMA modified his tax tive, I recommend that my colleagues like to refer to the SBA data on small plan to defer the Social Security tax consult the article ‘‘Big Misconcep- business survival rates. You will find increase. If we set aside this future So- tions About Small Businesses and this on the frequently asked questions cial Security tax increase, the taxes Taxes’’ from the Center on Budget Pol- document I referred to, and you have a owed by small business owners would icy and Priorities, dated August 29, citation. According to SBA, two-thirds rise by as much as 21 percent and 17 2008, available on the Internet at of small businesses survive at least 2 percent respectively. I have a chart www.cbpp.org. years; 44 percent of small businesses that shows the difference between the The political point of the opponents survive at least 4 years. What this current top rates, which Senator boils down pretty simply. This small means is that over time many small MCCAIN would keep, and the increase in group of filers is very well off. So other businesses rise and some fall.

VerDate Aug 31 2005 03:57 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.056 S11SEPT1 smartinez on PROD1PC64 with SENATE S8360 CONGRESSIONAL RECORD — SENATE September 11, 2008 By the way, mobility within income rent problem. The small business own- the owners of firms with 10 to 19 em- tax brackets is something that occurs er’s current problem is how does he or ployees would be hit by the tax in- to a great degree in the United States she alter his or her business to make crease. That is the 20.6-percent figure because of the dynamics of our society up the $20,000 he or she has lost to Sen- you see. Move one step to the right and and our economy. So think about it. ator OBAMA’s higher tax rates? Can he we find 40 percent of the owners of How many people in their midtwenties or she grow enough sales to pay the firms with 20 to 249 employees would be stay in the same bracket all the way extra tax? Maybe, but maybe not. Can hit by the tax increase; 20 to 249 em- through retirement? The mobility of he or she replace a $20,000 machine? ployees, 40 percent hit. Forty percent income of small business is a subset of Maybe maybe not. Can he or she cut of the owners of the small business the overall income mobility in the U.S. back on the payroll? Maybe but maybe firms then would have increases of 17 population. not. percent to 33 percent. Treasury data clarifies the TPC snap- How about the future? Any good busi- There seems to be armies of hard- shot, the Tax Policy Center snapshot. I ness person has to project how their working tax analysts in this town who have another chart. This chart shows business is working. Any investment’s work for think tanks of the liberal va- that when gain and loss is considered, value is predicated on how much in- riety. If you look at the analyses of the the snapshot changes very dramati- come the investment is likely to tax data, the armies of the left clearly cally. So pay attention to this chart as produce in the future. If income is pro- are far more numerous than the armies I go through it. jected to go down, then the value of the of the right and the middle. And I give For all flow-through taxpayers, 8 per- investment declines. them credit for their hard work and cent fall in the top two brackets. For Higher taxes negatively affect the dedication. I am sure they are poring taxpayers with active, positive flow- net income from an investment. Small over all this data. through income, the percentage is business owners have choice about Since the redistribution dogma is roughly the same, about 7 percent. For where to put their capital. If taxes what floats their boats, they will prob- taxpayers with flow-through income press down on the projected net in- ably take a hostile attitude toward the that is greater than half their wage in- come, then the value of the small busi- data I have just cited. Anticipating the come, the percentage is the highest, at ness investment declines. Everything attacks of green-eye-shaded armies of 9 percent. else being equal, a small business the left, I think we can trust the sur- So keep in mind we are dealing with owner is less likely to leave the after- vey statistics. a moving target when we talk about tax profit in the business. Likewise, NFIB has been conducting these sur- the 2-percent figure. Some businesses the small business owner is less likely veys for years. I cannot think of any will produce losses for their owners one to make future investment in the busi- reason why respondents to the NFIB year and income in another year. So ness. survey would inflate or deflate their in- My point is, the tax increase Senator come statistics. So I think this 40-per- the business owners caught in the OBAMA is proposing has a very real cost cent snapshot is a very solid figure. snapshot may not be the same business to small business owners. And my en- The data above relates to taxpayers owners in another snapshot. of $250,000 and above. Since Senator The second assumption about the 2- tire remarks have been directed toward the tax policies on small business be- OBAMA’s advisers have said his current percent filer argument is even more cause they are the engine of employ- proposal would raise taxes on single dangerous. That assumption is, since a ment and economic growth. taxpayers above $200,000 on a rough small percentage of tax filers are af- What are the businesses Senator basis, it is fair to look at those small fected, the impact on small business OBAMA is proposing to hit with this tax business owners as well. If you do that activity is somehow trivial. increase; that is, which businesses are calculation, then on a combined basis, How will the higher marginal rates owned by taxpayers making over Senator OBAMA’s proposed tax increase remove resources from small business $250,000? How many employees do they would hit even more small business you might ask? It is a simple answer. have? owners. Let’s go back to the chart that shows I have another chart. It is based on So let’s go back to NFIB question No. how small business works. If the data from the National Federation of 12. For small businesses that employ amount paid in taxes increases some- Independent Businesses, and we refer one to nine workers, 12 percent would where, as I have said, between 17 per- to that as the NFIB. It is a national be hit by Senator OBAMA’s higher cent to 33 percent, the tax take of the small business organization. The NFIB taxes. For small businesses with 10 to business rises as well. It comes out has 350,000 dues-paying members. They 19 workers about 27 percent would be here. Let’s go through an example. take surveys of their members and hit by the higher taxes. For small busi- I am going to use another chart. This other small business folks. I have the ness owners with 20 to 249 workers, 50 taxpayer filer jointly owns a small latest survey that deals with the fi- percent—half of the small businesses— business and earns $500,000 of business nance questions from the year 2007. would be hit by Senator OBAMA’s tax income. For purposes of this example, This chart contains the results of ques- plan. we will assume all of that taxpayer’s tion No. 12. The question identifies, as I want to get to the scariest part. As income comes from the small business. we can see from the chart, groups of the chart shows, the percentage of As an aside, this assumption favors the small business owners by household in- small business owners hit by Senator opponents of marginal rate relief. Why? come with the size of their firm by the OBAMA’s higher taxes goes up as the Because most small business owners number of employees. Household in- number of employees goes up. So it is have income from other members of come includes income from other adult fair to say these figures probably un- the household and income from other members of the household. If you take derstate the impact of the higher mar- sources. In that more likely scenario, a look at the responses, you can com- ginal tax rates on the remaining small the marginal rate hikes would bite pare firm size with income level of the businesses, meaning those between 250 even harder because more business in- owners. and 500 employees. Moreover, like the come is pushed into the higher brack- Here we have $250,000 and above. distribution tables, the survey obvi- ets. Those are the folks who are targeted ously is a snapshot. With small busi- Under this example, the small busi- for the tax increase, and that would nesses alternately running gains and ness owner pays $146,700 under current raise the amount owed to the Govern- losses over time, then the higher rates law. Senator MCCAIN’s plan leaves this ment between 17 percent under one sce- will hit a larger number of small busi- level of taxation in effect. Under Sen- nario and 33 percent under another. ness owners. ator OBAMA’s proposal, the small busi- The survey indicates that 6.4 percent of With the conservative nature of this ness owner’s taxes would go up by the business owners of firms with one data in mind, let’s take another look $20,000. That is a tax increase on this to nine employees—so small business— at the economic profile of the small small business owner of roughly 13 per- one to nine employees would be hit by business owner Senator OBAMA has tar- cent. Senator OBAMA’s tax increase. geted for a tax increase. Every year, The tax increase would present the Now move a step over and you are the SBA prepares a report to the Presi- small business owner with a $20,000 cur- going to find that about 21 percent of dent on small business economy.

VerDate Aug 31 2005 03:57 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.058 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8361 The last report we have was sub- Let me conclude with a challenge to today. Cloture will be filed tomorrow. I mitted to President Bush in December the proponents of raising marginal thank Senators who are working with of last year. It covers data for the pre- rates on small business. When I say us. We have lots of amendments we can vious year—2006. For 2006, the entire critics, I am referring to political lead- clear if we can get unanimous consent private sector workforce growth oc- ers, pundits, and even some in the to clear a managers’ package. The curred in small businesses with 500 or media. I think the data I presented managers’ package, we are ready to go fewer employees. For 2006, over half of speaks for itself. If you disagree with with that at any time. We are going to America’s private sector employees the analysis but hold the position that continue to add amendments to that worked in these firms—over half. For higher marginal tax rates won’t affect package. We will be working with Sen- 2006, these small businesses accounted small businesses, would you agree to ators during these next few days so we for over half of the Nation’s private exclude small businesses from the 17- can, hopefully, get this bill passed and sector gross domestic product. to 33-percent marginal rate increases voted on on Tuesday. Drill down deeper into the data, and that are being offered? I await your an- That is the situation we are cur- you will be worried even more. Two- swer. rently in. thirds of that small business payroll I yield the floor, and I suggest the ab- The PRESIDING OFFICER (Mr. NEL- came from firms that employ between sence of a quorum. SON of Florida). The Senator from Vir- 20 and 500 workers. If we go back to the The PRESIDING OFFICER (Mr. ginia. NFIB question, we will find that the WHITEHOUSE). The clerk will call the Mr. WARNER. Mr. President, the owners of these small businesses are roll. chairman has quite accurately stated the ones most targeted by Senator The assistant legislative clerk pro- the work that has been done thus far, OBAMA’s tax increase proposal. ceeded to call the roll. our willingness as the two managers to Finally, Mr. President, I don’t want Mr. LEVIN. Mr. President, I ask continue working with Senators. We you to take my word for it. Listen to unanimous consent that the order for will both be present tomorrow as well what small business folks have said the quorum cal1 be rescinded. as Monday. It is hoped that other Sen- about the importance of lower mar- The PRESIDING OFFICER. Without ators can be in a position to come for- ginal tax rates. Take a look at the objection, it is so ordered. ward with their amendments. chart I am now putting up. The chart is f I might inquire, can the Presiding Of- a copy of a letter dated March 14, 2003, ficer advise us on the number of NATIONAL DEFENSE AUTHORIZA- from three principal small business amendments on file? An approximation grassroots organizations: the National TION ACT FOR FISCAL YEAR is satisfactory. 2009—Continued Federation of Independent Businesses, The PRESIDING OFFICER. There the Small Business Legislative Coun- Mr. LEVIN. Mr. President, I think are over 220 amendments. cil, and the Small Business Survival Senator WARNER is just about to enter Mr. WARNER. I thank the Presiding Committee. I would like to read the the Chamber. I would ask the indul- Officer. second paragraph of that letter. It may gence of my friend from Vermont for That presents clear evidence to col- be too small for you to see on the one more moment. leagues of the magnitude of the task screen, but it sums up the reality of Even though there is not too much before us. I guess we have said this the effects of the marginal tax rates on evidence, the fact is, we have made many times, but this would be the 43rd small business. some significant progress today in consecutive authorization bill for the Approximately 85 percent of small busi- some significant areas on the Defense men and women of the Armed Forces nesses file their tax returns as individuals. authorization bill. Now that Senator An increase in tax refunds means small firms passed by the Senate. It is my hope will have more resources and more capital to WARNER is here, I always welcome his that we can add No. 43. put back into growing their businesses. A se- good wisdom. This is where we are now, I commend the chairman for his ef- ries of studies by four top economists exam- as I was saying. We made some signifi- forts. I have worked with him through ined the effect of the tax rate cuts on sole cant progress on the bill, even though this day. I believe we have had some proprietors. Their results indicate that a 5 it has not been that obvious and appar- helpful discussions with staff and col- percent point cut in rates would increase ent. leagues on the means by which to capital investment by 10 percent. And they Today we have been able to make found that dropping the top tax rate from make progress. We are here. It is im- 39.6 to 33.2 percent would increase hiring by some important progress. We will be perative that this bill pass. 12.1 percent. here tomorrow. Senator WARNER and I I remind colleagues of the military That kind of tells you what a busi- will be here tomorrow. We urge Sen- construction section of our bill which ness force small business can be and ators to come over to see if we can de- is so vital for the current and future how tax increases are negative or tax bate their amendments, to discuss needs of the U.S. military. This bill is decreases are positive for small busi- their amendments. We are going to the sole bill that can carry that impor- nesses to hire and to grow. What these work with them to get these amend- tant piece of annual legislation small business groups said was that ments offered tomorrow so they would through and get it into a conference. their tax policy priorities included a be in line when voting time comes. Mr. DEMINT. Will the Senator yield? reduction in top marginal rates. You We will be here, that is true, even Mr. WARNER. Of course. see it there in the letter from small though there are no votes tomorrow, Mr. DEMINT. I appreciate having the business advocates. we understand. We will be here tomor- opportunity to discuss our amend- Now, let’s think about this. As the row. The Senate is in session. Senator ments. I ask unanimous consent that small business folks say in their letter, WARNER and I will be here. It is very the pending amendment be set aside there is a link between tax relief, eco- important that Senators who have and that I be permitted to call up nomic growth, and jobs. We have seen amendments they intend to offer come amendment No. 5405. the evidence of that linkage in the year here, work with us to try to get them Mr. LEVIN. Mr. President, I will ob- past. Tax relief kicked in, the economy in line for a vote, to see if we can get ject. We are more than willing to dis- started growing, and jobs started com- them offered tomorrow. That will take cuss this amendment tomorrow. We re- ing back. Why would we want to go in unanimous consent, but we will make alize this is one of the amendments reverse gear? an effort. that will have to be addressed if we are Senator MCCAIN and Senator OBAMA But we need Senators to come Mon- going to get to this bill. So it is not as agree on the policy objectives of grow- day afternoon. We will be here Monday though we are expecting to complete ing jobs. Why would you aim a 17-per- afternoon. We will be here Tuesday. action on this bill without addressing cent or 33-percent marginal tax rate in- There are no votes Monday, but we will the amendment of the Senator. How- crease at the businesses that grew all be here for the purpose of debating and ever, this is not something I can agree the jobs in the most recently studied discussing amendments, trying to to at this time but would be happy to year? Senator MCCAIN’s plan recognizes again have them offered. tomorrow or Monday. this job-loss risk. Senator OBAMA’s So it is also, I am authorized to say, Mr. WARNER. Will the chairman plan goes in the opposite direction. that there will be no further votes yield for a question?

VerDate Aug 31 2005 03:57 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.059 S11SEPT1 smartinez on PROD1PC64 with SENATE S8362 CONGRESSIONAL RECORD — SENATE September 11, 2008 Mr. LEVIN. I am happy to. relationship of the legislative body; made a commitment to the Senator Mr. WARNER. Would it not be to the that is, the Congress, the executive from Vermont that he would be recog- benefit of the two of us as managers, as branch, and the fulfillment of our con- nized next to speak. I was waiting for we have had a great deal of discussion stitutional responsibilities versus the Senator WARNER to come over. The together today on it, to hear from our ability of the executive branch to exer- Senator from Vermont was generous colleague so we have clearly in mind cise certain powers. enough to hold off. I thought this his goals? In the Armed Services Committee, would only be a few minutes laying out Mr. LEVIN. The reason I am reluc- this matter was brought up. I put for- the path ahead. It is much more than tant to agree to that is because the ward an amendment in committee not that. I could come back and will be Senator from Vermont was dissuaded unlike what the Senator from South here tonight, if the Senator from South from addressing the Senate until we Carolina has pending before the Sen- Carolina will stay here. I would be had a few minutes to talk about plans ate. It was not accepted. It was a 12-to- happy to give the position which is so for the future. I held up the Senator 12 vote; therefore, a tie. It did not terrifically different, very different. from Vermont for, now, 10 minutes carry. Mr. DEMINT. I thank the chairman. when he was here and had a right to de- I understand the goals the Senator is We will not abuse the time. I have the bate. seeking. But I point out, if we could floor, and I would like to yield for one Mr. WARNER. Is there any way we have a few minutes so colleagues have question to Mr. COBURN. Then I will could accommodate both Senators? some idea of the significance of this yield the floor. Mr. DEMINT. Mr. President, I don’t and they can reflect on it. If the Sen- Mr. COBURN. Let me say how much think I am able to tonight. But for ator is not going to be here tomorrow— I appreciate the hard work done on this clarification, this amendment is two he has heavy commitments, as do oth- bill. It is a hard bill. It is important. words and a number: Strike section ers—nor Monday, it would be only My question would be to both the 1002. I hope we haven’t come to the Tuesday morning before we could real- chairman and ranking member: How point in the Senate when a Senator ly begin to get other Members of the are we to be afforded an opportunity to would not be allowed one amendment Senate more fully acquainted with the amend earmarks if none of them are in on such an important bill that is to complexity of this issue. the bill, yet they carry the force of law strike a section. I can talk more about Mr. DEMINT. If I may offer one clari- as if being in the bill? it later. I know we are being encour- fication, this is not the same amend- Mr. LEVIN. That can be done by aged to bring up our amendments. This ment that was offered in committee. amendment, like any other amend- amendment has been filed for a few Mr. WARNER. I understand that. ment. But what this amendment does days. I think at least the staff is well Mr. DEMINT. What my amendment is to say that not just the , the aware of what it is. I will certainly not does is restore basically the format of entire budget, including the Presi- hold up the other Senator. I appreciate the Defense authorization bill to the dent’s budget, which is currently in the chairman’s commitment to giving same format it has always had. The that committee report, which is incor- me an opportunity for a vote on this way it is set up now, the language that porated by reference, that that no amendment before it is all over. references the report language and longer carries the force of law. So the I yield the floor and thank the rank- makes it, in effect, law is an unprece- DeMint amendment goes exactly in the ing member. dented way to deal with report lan- opposite direction of what Senator The PRESIDING OFFICER. The Sen- guage. What we would do with this MCCAIN and others were trying to do, ator from Michigan. amendment is make it like every other which was to incorporate into law all Mr. LEVIN. Mr. President, I wonder Defense authorization bill that has of the earmarks and the President’s if the Senator from South Carolina will ever been passed. budget. We want them in law. We want be here tomorrow or on Monday? We Mr. WARNER. Mr. President, that is them to be in law. We got a letter, may be able to discuss his amendment. correct. But in the intervening period, however, from Senate legal counsel It may be three words, but they are there has been the issue of Executive saying it cannot be done techno- mighty important words and have a order. Therefore, we cannot, as a legis- logically. huge impact, way beyond any descrip- lative body, be unmindful of what the I am not able to argue with him. I tion of a three-word amendment. None- executive branch has enunciated would be perfectly happy, and I hope theless, in order to let the Senator through Executive order. That Execu- they can be made part of law. But the from Vermont proceed, I am wondering tive order will carry forward after this DeMint amendment goes in the oppo- whether it would be possible for the administration concludes and be a part site direction. Instead of making them Senator to be here tomorrow or Mon- of the next administration. That clear- part of law, it wipes out their legal sta- day so we could discuss his amend- ly states that the President is not tus by saying they will only be part of ment? I would be happy to discuss it. going to observe the means by which a committee report which is not incor- Mr. DEMINT. I will not be here to- the Congress, specifically the Armed porated by reference, and, because of morrow. Since we had understood that Services Committee in the many years’ the Executive order, the agencies of Monday was a no-vote day, I made pattern of doing much of its work, both the Government are directed to ignore other plans. But I can assure my col- in the report language as well as bill the committee report. Previously, the league I can deputize my staff to work language. executive departments would comply out any agreement that would be work- Mr. DEMINT. If the intent is to get with committee reports. That is no able for the chairman and Senator around the Executive order, then obvi- longer true under the Executive order. WARNER. It is not our intent to hold up ously that is a matter for debate. It So what this amounts to, the DeMint this bill. There is a managers’ package also gets around the many statements amendment, is an abdication of the that we will not agree to until we have made on this floor about the trans- power of the purse totally, not just a commitment for this one vote. I want parency of earmarks and to disclose over earmarks but over the President’s to expedite this, as Senator WARNER what we are doing. own budget which has been adopted by does, and the chairman. But if the Sen- Again, this is a very simple amend- the Congress. This is the opposite of ator would like to work with us, I am ment. All I am asking for is an up-or- what Senator MCCAIN and others have sure we can work this out tomorrow or down vote. I am not asking for passage. urged, which is that earmarks and Monday without my being present. Mr. LEVIN. Mr. President, let me other appropriations be incorporated Mr. WARNER. The Senator has the just quickly say again, if the Senator into law. This goes the other direction floor, so if I could ask him to yield for from Virginia is also willing, could we and says they have no force of law a question? let the Senator from Vermont proceed? whatsoever. Mr. DEMINT. Yes. We could come back. I am happy to de- We have to debate the DeMint Mr. WARNER. This is of such vital bate this amendment tonight, if is the amendment. I am more than willing to importance to the bill. While it is just only time we can debate it. It has debate the DeMint amendment. I would a few words, it does have very signifi- ramifications way beyond what the come back tonight to do it. But I don’t cant ramifications. It deals with the Senator from South Carolina says. We think, in fairness to the Senator from

VerDate Aug 31 2005 03:57 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.061 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8363 Vermont, that we should not allow him expenditure of taxpayer dollars. To ensure Commission, but shall exclude the Govern- to proceed for his 10 or 15 minutes, the proper use of taxpayer funds that are ap- ment Accountability Office; and whatever he wanted. I would be happy propriated for Government programs and (b) the term ‘‘earmark’’ means funds pro- vided by the Congress for projects, programs, to come back. purposes, it is necessary that the number and cost of earmarks be reduced, that their or grants where the purported congressional Mr. COBURN. If I might through the origin and purposes be transparent, and that direction (whether in statutory text, report Chair ask another question? they be included in the text of the bills voted language, or other communication) cir- The PRESIDING OFFICER. The time upon by the Congress and presented to the cumvents otherwise applicable merit-based is held by the Senator from South President. For appropriations laws and other or competitive allocation processes, or speci- Carolina. legislation enacted after the date of this fies the location or recipient, or otherwise Mr. COBURN. And he yielded to me. order, executive agencies should not commit, curtails the ability of the executive branch The PRESIDING OFFICER. Senator obligate, or expend funds on the basis of ear- to manage its statutory and constitutional marks included in any non-statutory source, responsibilities pertaining to the funds allo- COBURN is now recognized. including requests in reports of committees cation process. Mr. COBURN. I say to Senator SAND- of the Congress or other congressional docu- Sec. 4. General Provisions. (a) Nothing in ERS, I will finish this very quickly. ments, or communications from or on behalf this order shall be construed to impair or My concern is, I have talked to the of Members of Congress, or any other non- otherwise affect: MCCAIN folks. They are very unhappy statutory source, except when required by (i) authority granted by law to an agency with this provision. The reason they law or when an agency has itself determined or the head thereof; or are unhappy is there is no way the Par- a project, program, activity, grant, or other (ii) functions of the Director of the Office liamentarian will allow me to amend transaction to have merit under statutory of Management and Budget relating to budg- et, administrative, or legislative proposals. report language on the floor because it criteria or other merit-based decision- making. (b) This order shall be implemented in a is not part of the bill we are discussing. Sec. 2. Duties of Agency Heads. (a) With re- manner consistent with applicable law and I would be happy to work in the back- spect to all appropriations laws and other subject to the availability of appropriations. ground with both the chairman and legislation enacted after the date of this (c) This order is not intended to, and does ranking member to move all of this to order, the head of each agency shall take all not, create any right or benefit, substantive the bill so it is not a question. necessary steps to ensure that: or procedural, enforceable at law or in eq- That is what I would ask that you, (i) agency decisions to commit, obligate, or uity, by any party against the United States, its agencies, instrumentalities, or entities, please, try to accommodate us on be- expend funds for any earmark are based on the text of laws, and in particular, are not its officers, employees, or agents, or any cause having the debate and amending based on language in any report of a com- other person. things—and I will raise that out of the mittee of Congress, joint explanatory state- GEORGE W. BUSH. $5.9 billion worth of earmarks in this ment of a committee of conference of the THE WHITE HOUSE, January 29, 2008. bill, the vast majority are noncompeti- Congress, statement of managers concerning Mr. COBURN. Mr. President, I appre- tive bid. In other words, there is no a bill in the Congress, or any other non-stat- ciate the indulgence of the Senator competition for value for the American utory statement or indication of views of the from Vermont, and I yield back. taxpayers’ dollar. They are direct man- Congress, or a House, committee, Member, The PRESIDING OFFICER. The Sen- officer, or staff thereof; dates that certain money will be spent (ii) agency decisions to commit, obligate, ator from Michigan. with certain companies with no esti- or expend funds for any earmark are based Mr. LEVIN. Mr. President, I ask mation, no competitive bidding. on authorized, transparent, statutory cri- unanimous consent that also as a part So I will not delay this any longer. I teria and merit-based decision making, in of this colloquy be printed in the would ask that the chairman and rank- the manner set forth in section II of OMB RECORD the letter from the U.S. Senate ing member—I think the Senators have Memorandum M–07–10, dated February 15, Office of the Legislative Counsel ex- done a great job on the bill. I do not 2007, to the extent consistent with applicable plaining why it is technologically im- think it is significantly different in law; and (iii) no oral or written communications possible for him to incorporate at this terms of earmarks than what it has concerning earmarks shall supersede statu- time, with current software, all the been in the past. But if, in fact, we tory criteria, competitive awards, or merit- items into the law. That is the prob- could figure out a way to make them based decisionmaking. lem; otherwise, I would be totally where we could have them at least dis- (b) An agency shall not consider the views agreeable to having every single one of cussed and have an opportunity to of a House, committee, Member, officer, or these items—the President’s items and amend them, I would appreciate that staff of the Congress with respect to commit- the add-ons by Congress—made part of deference. ments, obligations, or expenditures to carry out any earmark unless such views are in the law. That is not a problem for me. Mr. WARNER. Mr. President, will the writing, to facilitate consideration in ac- However, technologically it cannot be Senator yield? cordance with section 2(a)(ii) above. All writ- done at this time. We ought to try to Mr. COBURN. Mr. President, I will be ten communications from the Congress, or a make sure it can be done promptly. I happy to yield. House, committee, Member, officer, or staff ask unanimous consent that the June Mr. WARNER. Can the Senator visit thereof, recommending that funds be com- 4, 2008, letter be printed in the RECORD. with the two of us off the floor such mitted, obligated, or expended on any ear- There being no objection, the mate- that our colleague can proceed? mark shall be made publicly available on the rial was ordered to be printed in the Internet by the receiving agency, not later Mr. COBURN. Absolutely. RECORD, as follows: than 30 days after receipt of such commu- Mr. WARNER. Mr. President, I ask nication, unless otherwise specifically di- U.S. SENATE, unanimous consent that the Presi- rected by the head of the agency, without OFFICE OF THE LEGISLATIVE COUNSEL, dential document to which I referred, delegation, after consultation with the Di- Washington, DC, June 4, 2008. dated February 1, 2008, be printed in rector of the Office of Management and Hon. CARL LEVIN, the RECORD as a part of the colloquy. Budget, to preserve appropriate confiden- Chairman, Committee on Armed Services, Wash- There being no objection, the mate- tiality between the executive and legislative ington, DC. DEAR SENATOR LEVIN: I am writing in re- rial was ordered to be printed in the branches. (c) Heads of agencies shall otherwise im- sponse to your letter of May 22, 2008, inquir- RECORD, as follows: plement within their respective agencies the ing as to whether the Office of the Legisla- [From the Federal Register, Feb. 1, 2008] policy set forth in section 1 of this order, tive Counsel has the ability to incorporate PRESIDENTIAL DOCUMENTS consistent with such instructions as the Di- the funding tables currently included in the committee report of the defense authoriza- TITLE 3—THE PRESIDENT rector of the Office of Management and Budget may prescribe. tion bill directly into the text of the bill. In EXECUTIVE ORDER 13457 OF JANUARY 29, 2008: (d) The head of each agency shall upon re- short, the Office at this time has neither the PROTECTING AMERICAN TAXPAYERS FROM quest provide to the Director of the Office of technical capability nor the resources to GOVERNMENT SPENDING ON WASTEFUL EAR- Management and Budget information about convert the funding tables into the necessary MARKS earmarks and compliance with this order. electronic format for direct inclusion in the By the authority vested in me as President Sec. 3. Definitions. For purposes of this text of the defense authorization bill. by the Constitution and the laws of the order: The Office of the Legislative Counsel uses United States of America, it is hereby or- (a) The term ‘‘agency’’ means an executive highly specialized and customized software dered as follows: agency as defined in section 105 of title 5, to prepare legislation. This software was de- Section 1. Policy. It is the policy of the United States Code, and the United States veloped by the staff of the Secretary of the Federal Government to be judicious in the Postal Service and the Postal Regulatory Senate, in cooperation with the staff of this

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.062 S11SEPT1 smartinez on PROD1PC64 with SENATE S8364 CONGRESSIONAL RECORD — SENATE September 11, 2008 Office and the Government Printing Office. Iowa was down on the floor critiquing class and working families in our coun- The use of this software serves 2 major pur- Senator OBAMA’s tax plan in some de- try? Do we need 4 more years of these poses: First, it allows the Senate Enrolling tail. Right now, I am not prepared to disastrous economic policies? Clerk and the Government Printing Office to Since George W. Bush has been Presi- print legislation directly from our electronic refute what Senator GRASSLEY said, al- files, eliminating the need to retype and though I strongly disagree with his dent, total consumer debt has more proofread each file; and secondly, it allows conclusions. But I did wish to talk a than doubled. Everybody knows that. the Secretary of the Senate, the Library of little bit about some of the differences Everybody we know almost is in debt. Congress, and the Government Printing Of- I perceive between Senator MCCAIN and We have a personal savings rate in this fice to post legislation on the Internet in an the proposals he is bringing forth in country today which is zero. easily searchable format. terms of what Senator OBAMA has been Since President Bush has been in of- The current version of the software con- fice, home foreclosures are the highest tains a table tool that allows us to include talking about. tables in legislation if the tables fit into one I, also, most importantly, wish to on record. There are huge numbers of of the templates provided in the table tool. I make the point—and I think Senator foreclosures all over this country. In met this past week with the staffs of the MCCAIN would be upfront in admit- 2007, the typical American family paid Secretary of the Senate and the Government ting—that if he is elected President, over $1,700 more on their mortgage Printing Office and they have concluded that what we are going to be seeing is 4 payments. the table tool does not have templates that Is that a record, is that a series of can be used to prepare all of the funding ta- more years of the policies we have seen in this country for the last 8 years, policies that this country wants to bles contained in the committee report. In continue for another 4 years? I think fact, the Government Printing Office cur- which have been a disaster for the mid- rently scans the funding tables as camera dle class and working families of this not—not for ordinary people. If you are copy in order to print the committee report country. I wish to spend a few mo- a millionaire or a billionaire, I could and does not convert the tables into the elec- ments on that. understand that but certainly not for tronic format that would be necessary to in- Since President Bush has been in of- the average American family. clude the tables in legislation. As a result, Since George W. Bush has been Presi- fice, nearly 6 million middle-class this Office is unable to prepare or print legis- dent, Americans are now paying $2,100 Americans have slipped out of the mid- lation which includes those tables. more for gasoline, $200 more for food, In addition, even if templates are devel- dle class and are now in poverty. I can $1,500 more on childcare expenses, oped for the table tool, we will not be able to tell you that all over this country—in $1,000 more for a college education, $350 prepare the tables for inclusion in legislation my State of Vermont but all over this more for health insurance, $600 more unless the data in the tables can be elec- country—people who used to believe tronically imported directly into the legisla- for afterschool costs, and so forth. tion we prepare. The committee report for they were securely in the middle class, The bottom line is, the Bush eco- the next fiscal year contains at least 180 people who looked to the future with nomic policies have been a disaster for pages of tables. Since the Office is currently optimism, are now lining up in front of the middle class and for working fami- unable to directly import the data in the ta- emergency food shelves because the lies and the only people who have bene- bles, it would require our staff to spend hun- wages they are earning are simply not fited from these policies are the people dreds of hours to input the data from these enough to sustain their families. We tables, proofread the tables for accuracy, and on the top. I do not believe we need a then make any necessary edits. We do not are seeing a run on emergency food President in Mr. MCCAIN who is going have sufficient staff to do this while con- shelves all over America from working to emulate these economic policies to tinuing to meet our other responsibilities. families. the detriment of tens of millions of In my opinion, this is really more of an in- I can tell you that in Vermont and working families. formation technology issue than a legisla- throughout the northern tier of this When was in office—and tive drafting issue. If the Senate decides to country, people are frightened to death I have to tell you, as an Independent, I require the text of the funding tables to be about the coming winter because in included in legislation, the Government had strong disagreements with Presi- Printing Office would need to develop the many instances they simply do not dent Clinton on a number of issues, in- necessary templates for the table tool and have the money to pay the fuel bills cluding his trade policies, but when the Committee staff or others preparing the which will keep their homes warm this President Clinton was in office, 22.7 tables would have to conform to uniform winter. million new jobs were created over that standards for electronic formatting of the ta- Since George W. Bush has been in of- 8-year period. That is a strong record bles to ensure that the data could be im- fice, median household income has de- ported directly into legislation, of job creation. Since President Bush Please let me know if I can provide you clined by over $2,100 for working-age has been in office, we have created with any additional information or if you Americans. That is a huge drop. fewer than 6 million new jobs. Mr. have any further questions regarding this Since President Bush has been in of- President, 22.7 million, fewer than 6 matter. fice, over 4 million Americans have million, that is a real difference. Sincerely, lost their pensions. People who have Under President Clinton, 6 million JAMES W. FRANSEN, worked their entire lives at a company Americans were lifted out of poverty. Legislative Counsel. with the expectation that when they That is pretty good. Under President Mr. LEVIN. Now, Mr. President, I ask retired there would be a defined pen- George W. Bush, over the same period the Senator from Vermont the fol- sion plan available to them—that has of time, 6 million Americans have lowing question: whether the Senator not happened in 4 million instances. slipped out of the middle class and into would be willing to proceed in morning Since George W. Bush has been Presi- poverty. Under President Clinton, 6 business. dent, 7 million Americans have lost million people rise above poverty; Mr. SANDERS. Yes. their health insurance and the cost of under President Bush, 6 million more Mr. LEVIN. I thank the Senator. health care has soared and more and Americans slip into poverty. f more people are underinsured. Are those the economic policies we MORNING BUSINESS Since President Bush has been in of- want to continue for another 4 years? Mr. LEVIN. Mr. President, I ask fice, more than 3 million manufac- We have a national debt right now unanimous consent that the Senate turing jobs have been lost, as corporate which is an incredible disgrace. It is a now proceed to a period of morning America has thrown people out on the debt we are leaving to our kids and our business, with Senators permitted to street, moved to China, moved to Viet- grandchildren. I always find it ironic speak therein. nam, moved to any country where they that our Republican friends pose as the The PRESIDING OFFICER. Without can pay people a few pennies an hour. party of fiscal responsibility. Yes, they objection, it is so ordered. Since George W. Bush has been in of- are staying up nights worrying about The Senator from Vermont is recog- fice, nearly half a million jobs have earmarks, worrying about everything. nized. been lost over the last 6 months alone, Under President George W. Bush, the national debt has increased by $3 tril- f and the unemployment rate today is over 6 percent. lion. We are closing in on $10 trillion. ECONOMIC POLICY I ask you: Do we need to continue Under President Clinton, we had rec- Mr. SANDERS. Mr. President, a lit- these economic policies which have ordbreaking surpluses as far as the eye tle while ago Senator GRASSLEY of been such a disaster for the middle could see.

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.021 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8365 I think there is a real difference be- pretty honest and straightforward in that are creating the largest deficits in tween the economic policies we have saying he wants to continue those poli- the history of the United States of seen under President Bush over the cies: more tax breaks for millionaires America. Last week, there were reports last 8 years and the economic policies and billionaires, more tax breaks for in Washington of a national deficit this we saw under President Clinton the the largest corporations in our coun- year of $407 billion—the largest ever. previous 8 years. The difference is that try, more efforts to privatize Social Se- Remember: When George W. Bush under President Clinton, the middle curity, more efforts to cut back on pro- took office from the Clinton adminis- class grew and expanded, poverty went grams desperately needed by working tration, he inherited a budget surplus. down. Under President Bush, the mid- families and low-income people. It was the first surplus in 30 years. It dle class shrunk, poverty went up. So the thrust of what I wished to say was a responsible budget process that But I have to be honest. Under Presi- this evening—and I was compelled to actually paid off debt. It gave longer dent Bush, there have been people who come down here because I heard Sen- life to Social Security. It meant less of have done very well. While 90 percent ator GRASSLEY speaking before; and a burden on our children. But when of the American people have seen their Senator GRASSLEY, as I indicated ear- President Bush took office, he changed incomes go down in the last 8 years, we lier, was very critical of Senator all that. He took that surplus and do have to acknowledge that the people OBAMA’s tax policies, and I disagree squandered it. He will now leave office with the lowest approval rating in the on top are not only doing well, they are with Senator GRASSLEY’s conclusion. doing fantastically well. As an eco- But I think if one is going to talk history of the Presidency and with the biggest deficit in the history of the nomic stratum among the top 1 per- about Senator OBAMA’s tax policies, it cent, those folks are doing better than is important to talk about Senator Presidency. He managed that because he did something no President has ever at any time since the 1920s. In fact, the MCCAIN’s overall economic policies done in history. He called for cutting wealthiest 15,000 American families re- which are going to be 4 more years of taxes in the midst of a war. No Presi- ceived a 57-percent increase in income Bush’s policies. This country—at least dent has ever done it because it makes under President Bush. the middle class of this country, in my We now have—and we do not talk no sense. A war is an added expense to view—cannot survive 4 more years of a nation such as ours. We have our or- about it too much—the absurd situa- those policies. So that is about all I dinary expenses for highways, prisons, tion that the top one-tenth of 1 percent wanted to say this evening. medical research, education, and earn more income than the bottom 50 I thank you, and I yield the floor. I health care, and along comes a war percent. Now, I know a lot of folks get suggest the absence of a quorum. costing $10 billion a month, and Presi- up here and they talk about family val- The PRESIDING OFFICER. The dent George W. Bush said: Don’t worry. ues and they talk about morality. Let clerk will call the roll. We won’t pay for the war. We will add me go on record as saying I believe it The legislative clerk proceeded to it to the deficit and, in fact, we will cut is immoral that the top one-tenth of 1 call the roll. taxes. It made no sense. Because of this Mr. DURBIN. Mr. President, I ask percent earn more income than the desperate and poor economic and tax unanimous consent that the order for bottom 50 percent. planning, we find ourselves with the While the middle class shrinks and the quorum call be rescinded. biggest deficit in the history of the poverty increases, the average income The PRESIDING OFFICER. Without United States of America. of the top 400—top 400—American tax objection, it is so ordered. I say that because JOHN MCCAIN, the Mr. DURBIN. Mr. President, I ask filers—and that represents 3 out of Senator from Arizona and Republican every 1 million taxpayers of this coun- unanimous consent to speak as in candidate for President, has endorsed try—has more than doubled under morning business. President Bush’s economic and tax The PRESIDING OFFICER. Without President George W. Bush, going from policies. He has said that if he is elect- objection, it is so ordered. a mere $104 million in 2002—how do you ed President, he will continue the Bush Mr. DURBIN. Mr. President, earlier get by on a mere $104 million? They economic policies which have driven this evening, my colleague and friend were scraping by. But the good news is, our economy into the ditch. by 2005, that $104 million went up to from Iowa, Senator GRASSLEY, came to We know what is going on. Last $214 million a year. the floor and spoke about the tax pro- weekend, the Secretary of the Treas- Adding insult to injury, the effective posals of both BARACK OBAMA, the ury, Henry Paulson, called me in Illi- tax rate of the richest 400 people, Democratic candidate for President, nois and said: Well, I want to let you whose incomes are exploding, has near- and JOHN MCCAIN, the Republican can- know it has reached the point where ly dropped in half, from 30 percent in didate for President. I am happy he the taxpayers have to take over Fannie 1995 to only 18 percent in 2005, because brought that debate to the floor. It is Mae and Freddie Mac. Those are two of the Bush tax cuts for the rich. an important one. I think it will be an government-sponsored agencies respon- It is not just income; it is wealth, important part of the decision process sible for half of the mortgages in Amer- also. The wealth—that is the accumu- for most Americans on November 4. ica and they were about to go bust. So lated income of the richest 400 Ameri- But I, to no one’s surprise, see it quite Secretary Paulson moved in and said cans—has also soared under President differently from my friend from Iowa. we have to take them over. I don’t Bush, going from a mere—now, we are As I see it, we have a clear choice in quarrel with his conclusion. The alter- talking about 400 families. Mr. Presi- this election. We know what has hap- natives were bleak. If those two agen- dent, 400 families had an aggregate pened over the last 8 years. Under cies failed, we could see our economy wealth of $290 billion. When President President George W. Bush, we have fol- fall deep into a recession and a global Bush came in, their wealth was $290 lowed the classic neoconservative Re- recession following it. I really believe billion, and it went to $1.5 trillion by publican approach to the economy and that. He did what he had to do. But we the year 2006—$1.5 trillion for 400 taxes. That approach started long ago had to do it because the Bush economic Americans, and in our country today, and continued by President George W. policies have failed so miserably. we have the highest rate of childhood Bush, who believes that we can, in fact, Sadly, they have taken the view that poverty of any country on Earth. We generate more economic growth and Government should not be responsible have 46 million Americans without any prosperity in America by lowering the for oversight of the major elements of health insurance. taxes on the wealthiest people in our our economy. They have failed to keep I raise these issues to talk about country. That is chapter and verse, their eye on the middle class of Amer- what is going on in our society today that is the Bible, the economic Bible ica, which is the strength of our econ- economically, to point out that the according to President Bush and his omy. They have given tax breaks to policies of President George W. Bush loyal followers. They have imple- the wealthiest people, and JOHN have very clearly worked if you are a mented that plan, creating tax breaks MCCAIN promises more of the same. Let millionaire or a billionaire. They have which have been historic and unusual; me correct that. JOHN MCCAIN promises been a disaster for you if you are in the historic in that they have now driven to do even more than Bush did. In fact, middle class or a working person. I tax rates to the point where the his proposals for tax cuts for corpora- commend Senator MCCAIN for being wealthiest people have seen tax breaks tions would literally mean multibillion

VerDate Aug 31 2005 04:25 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.065 S11SEPT1 smartinez on PROD1PC64 with SENATE S8366 CONGRESSIONAL RECORD — SENATE September 11, 2008 dollar tax cuts—additional tax cuts— lion middle-class families. Those are help the wealthiest. The Halls of Con- for the oil companies in America. Can the focus of the Obama tax relief plan— gress out here are filled with lobbyists, you think of a more deserving taxpayer those families. pretty well dressed, pretty well heeled, than ExxonMobil? Is there any case JOHN MCCAIN doesn’t have a plan to and living a nice life. Their job is to you can think of more compelling when insure every American, and under his protect that Tax Code George W. Bush it comes to compassion than to give a plan you would pay taxes on health wrote. JOHN MCCAIN is their best tax break to ExxonMobil? Those poor care for the first time ever. JOHN friend. He promises that when he be- people reporting record-breaking his- MCCAIN wants to change the way we comes President, the George W. Bush toric profits need a tax break. get health insurance in America. It Tax Code is going to be even more gen- Have you heard any suggestion from gets back to the President Bush owner- erous to the wealthiest businesses and my colleagues on the Republican side ship society, and do we remember the individuals. That is completely wrong. or John McCain to give tax breaks to motto of the Bush ownership society? The strength of this country is when those who are struggling in America? ‘‘Just remember, we are all in this middle-income families have a fighting We know who they are: middle-income alone.’’ Well, Senator MCCAIN, inspired chance to succeed. Do you know what taxpayers. They are the ones paying by this concept, believes we ought to they feel. They feel, as I do, that this for gas and groceries. They are the get away from group insurance through country has been moving in the wrong ones who are worried about college our employment and be given a little direction for too long. We need a real education expenses. They are the ones check and let’s all go out in the mar- change and in a lot of different areas worried about health care expenses. ket and do our best. Well, you know but certainly when it comes to Amer- They are the ones who are being what that means. If you happen to have ica’s Tax Code. For my friend from Iowa to come shunned and ignored by the McCain- a family with a sick child or you hap- here and give us tales of doom and Bush approach to taxes. pen to have a history of illness in your gloom about what might happen if we Senator GRASSLEY comes to the floor family, watch out. What you are going had real change in Washington, I say to and says: Oh, this BARACK OBAMA, his to have to pay is dramatically more. him, what do you think of the current tax plans are going to hurt small busi- You are no longer in a pool with the mess? Do you agree with JOHN MCCAIN ness. Well, I can stand here and tell my risks shared; you are on your own. So that the fundamentals of this economy colleagues he is wrong—and I believe JOHN MCCAIN would say if your em- are so strong today? If you believe he is—but I may not be as credible as ployer then is going to provide you that, then you have not spent much a nonpartisan group such as the with health insurance, we are going to time talking to real Americans. Annenberg Public Policy Center. They tax it. We are going to tax that as in- During this last break in August, I took an analysis of the McCain tax pol- come. That is a first, and that isn’t went back and toured my State from icy, which is Bush tax policies all over going to help. It certainly isn’t going top to bottom. It is a big, wonderful again, and they took a look at Senator to extend health care coverage to more State. I spent some time in small OBAMA’s proposal, and this is what families—something we desperately towns and sat down for a get-together they say: need. after work in El Paso, IL. El Paso is a Senator McCain has repeatedly claimed Now, what BARACK OBAMA would do little town just north of Bloomington; that Obama would raise taxes for 23 million as President is simplify and reform our it is the birthplace of Bishop Fulton J. small business owners. Tax Code, and it is long overdue. In Sheen. There is a tavern we went to That is from the Annenberg Policy George Bush’s billion-dollar giveaways after work and had a beer, and we Center. Their response: to big corporations and the wealthiest talked to some families about what It’s a false and preposterously inflated fig- in our society, the Obama plan will re- they are up against. I wish JOHN ure. form our Tax Code so that it is simple, MCCAIN could hear those stories. I wish They say: fair, and advances opportunity, not the my colleagues could. I wish they could We find that the overwhelming majority of agenda of some lobbyist or oil com- understand what this economy has those small business owners would see no in- pany. He will shut down the loopholes done to these good, hard-working peo- crease because they earn too little to be af- in tax havens and he will use the ple. These are folks who are scared to fected. Obama’s tax proposal would raise the money to help pay for middle-class tax death that the Mitsubishi plant in rates only on couples making more than cuts that will provide $1,000 in tax re- $250,000 or singles earning more than $200,000. Bloomington is going to ship out more lief to 95 percent of workers and their jobs. They don’t want any more trade They go on to say: families across America. The Obama agreements that ship jobs overseas. McCain argues that Obama’s proposed in- plan will make oil companies such as They are scared to death that we are crease is a job killer. He has a point. It’s true Exxon pay a tax on their windfall prof- that increasing taxes on those at the top going to have a Tax Code like the one would leave them less money for other pur- its and he will use the money to help we have today, which rewards compa- poses, including investment and hiring in the families pay for skyrocketing energy nies for sending jobs overseas, a provi- case of business owners. But the number of costs and other bills. sion in that code that JOHN MCCAIN business owners who would see their rates go He would eliminate income taxes for agrees with and Senator OBAMA dis- up would only be a small fraction of what retirees making less than $50,000 a year agrees with. These people are con- McCain says. Many would see their taxes go because he believes that every senior cerned about their kids’ college edu- down. deserves to live out their life in dignity cation. One fellow said: My son just That false claim about a new burden and respect. finished 2 years at a private college in on small businesses was repeated on It just amazes me that JOHN MCCAIN Peoria, and he decided to come back the floor today by my friend and col- could promise to bring us 4 more years home. He is going to try his luck at the league from Iowa. It won’t work. of these awful Bush economic and tax community college to get on track. He At the same time they are calling for policies, when we know what they have said that he has $60,000 in student tax cuts for the wealthiest people and resulted in. Yet he is a loyal soldier. loans. He is a sophomore, he hasn’t the most profitable corporations in No maverick, no, sir; he is a loyalist. even reached the point where he has a America, JOHN MCCAIN, inspired by When it comes to the Bush economic degree, but he has what amounts to a George W. Bush, is not providing the and tax policies, JOHN MCCAIN is no mortgage debt in student loans. kind of tax relief which Senator OBAMA maverick. He is an acolyte of the high Those are the realities of life out is talking about for those in middle-in- priest of Republican tax policy, Presi- there in real America. When I hear come categories across America. dent George W. Bush. He promises JOHN MCCAIN say he wants to continue That is the real difference. At a time more of the same—4 more years. Can these economic policies and tax poli- when Americans are struggling with America stand it? Can we take it? I cies of George W. Bush, I wonder, when soaring costs, JOHN MCCAIN will pro- don’t think so. is the last time he sat down with some vide more tax breaks to corporations Middle-income families and working of these families? He owes it to him- that ship American jobs overseas, and families deserve a Tax Code that cares self, if he wants to be a good candidate JOHN MCCAIN would provide no direct for them and gives them a fighting for President, to sit down with some of tax relief at all for more than 100 mil- chance, not a Tax Code designed to these struggling families.

VerDate Aug 31 2005 04:25 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.066 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8367 I think we need a new approach. We education so that individuals will be- IDAHOANS SPEAK OUT ON HIGH need change in this town. What Sen- come advocates, and by providing sup- ENERGY PRICES ator OBAMA is proposing is a change in port services to those survivors of do- Mr. CRAPO. Mr. President, in mid- the Tax Code to give that family and mestic violence. June, I asked Idahoans to share with others a fighting chance. That is all we As we prepare to enter Domestic Vio- me how high energy prices are affect- can offer them. There is no guaranteed lence Awareness Month, I ask my col- ing their lives, and they responded by success, but we can offer them just an leagues to join me and STAND! in re- the hundreds. The stories, numbering opportunity, a fighting chance at suc- membering the victims of domestic vi- over 1,000, are heartbreaking and cess. It is a chance most of our families olence. I am inspired by those women touching. To respect their efforts, I am have capitalized on and did a pretty who have survived domestic violence. submitting every e-mail sent to me good job for their kids. We owe that to And I mourn those who have not sur- through [email protected]. the next generation as well. vived. In their memory, I will fight gov to the CONGRESSIONAL RECORD. I yield the floor and suggest the ab- against domestic violence and work to This is not an issue that will be easily sence of a quorum. empower women as long as I am in the resolved, but it is one that deserves im- The PRESIDING OFFICER. The U.S. Senate. mediate and serious attention, and Ida- clerk will call the roll. hoans deserve to be heard. Their sto- The legislative clerk proceeded to f ries not only detail their struggles to call the roll. meet everyday expenses but also have Mr. NELSON of Florida. Mr. Presi- suggestions and recommendations as to dent, I ask unanimous consent that the SEA OTTER AWARENESS WEEK 2008 what Congress can do now to tackle order for the quorum call be rescinded. this problem and find solutions that The PRESIDING OFFICER (Mr. Mrs. BOXER. Mr. President, I take last beyond today. I ask unanimous SANDERS). Without objection, it is so this opportunity to recognize Sea Otter consent to have today’s letters printed ordered. Awareness Week 2008. in the RECORD. f Established in 2003 by the national There being no objection, the mate- rial was ordered to be printed in the DOMESTIC VIOLENCE AWARENESS nonprofit organization Defenders of RECORD, as follows: MONTH Wildlife, Sea Otter Awareness Week is an annual event that aims to teach the I am writing this letter out of somewhat Mrs. BOXER. Mr. President, today I public about the vital role that sea ot- desperation with the costs of energy lately. take this opportunity to recognize Oc- ters play in our marine ecosystem. Ac- We live about 35 miles south of Lewiston on tober as Domestic Violence Awareness property that my grandfather purchased in knowledged each year by numerous Month, DVAM, and to recognize the the early 1940s. I have been disabled and am nonprofit organizations, educational fine work of STAND! Against Domestic on Social Security Disability after working institutions, and local, State, and Fed- Violence. over 25 years in the utility and communica- eral elected officials, Sea Otter Aware- tion industry. My wife has been working in I am proud to be an original cospon- ness Week helps to protect this sen- the health care insurance business for over sor of the bill to designate October as tinel species and its habitat. 20 years and drives back and forth every day ‘‘National Domestic Violence Aware- to work. We were budgeting and spending ness Month.’’ I strongly support the Historically, sea otters once num- about $200–$250 per month for gas. In the last motivation behind DVAM and I have bered in the hundreds of thousands and two months, it has increased to $425 per worked to end domestic violence as thrived along the 6,000 miles of Pacific month! I know a little about all the oil re- long as I have been a Member of Con- coastline from northern Japan, serves in Montana, North Dakota as well as gress. I authored the Violence Against through the Aleutian Islands of Alas- other places even offshore and the untapped ka, down the coast of California, and areas in Alaska for drilling and several Women Act, VAWA, while in the House capped oil/propane wells that have already of Representatives, and helped get it into Baja California in Mexico. Sadly, because of their thick fur, sea otters been drilled. I am familiar about the open pit passed and signed into law after being mining in Centralia, Washington; Montana elected to the Senate. VAWA tough- were hunted to the point of near ex- and Wyoming. I was working when they ened laws against perpetrators and tinction throughout the 19th and 20th moth-balled the nuclear plants at WASOP. I continues to provide funding for cam- centuries. Thanks to an international use these areas as examples in the Northwest pus safety, battered women’s shelters, ban on hunting, conservation efforts, because this is where I live and I am more fa- and training programs for law enforce- and reintroduction programs, the sea miliar with them. We have taken several conservation measures to cut our energy ment to identify and better understand otter population is on its way to recov- ery, though it has been a slow process. costs at our home, but you can only do so cases of domestic violence. I am also much! I hardly ever even leave the house proud to have introduced the Domestic The health and well-being of our sea anymore because I cannot afford to drive my Violence Identification and Referral otter population is indicative of the (small) Ford Ranger F150 pickup, just only Act to provide funding to schools for overall health and well-being of the Pa- to doctor appointments. health professionals who work to pre- cific Coast marine ecosystems as a What can you do to start helping other vent domestic violence. whole. We must do all we can to pro- Americans like us here in Idaho and the Domestic violence can strike anyone, tect our coastal ecosystem and foster Northwest? Congress should put our families the survival of sentinel species such as first, ahead of the environmentalists! These regardless of race, age, sexual orienta- people are driving up costs at an alarming tion, religion, socioeconomic status or the sea otter. To ensure a healthy rate! I believe in treating our resources prop- education level. Particularly tragic is coast and ocean, I am proud to have re- erly and our environment respectfully, but the impact domestic violence has on introduced my National Oceans Protec- come on, use our heads! These environ- children—physically, emotionally, and tion Act, which provides a comprehen- mentalists are making it impossible to sur- mentally. This violence witnessed in sive approach to ocean management vive anymore. We need to decide if American the home is often acted out in schools and protection, ensuring that Ameri- people are going to survive or is it going to and communities. This negative cycle cans can enjoy the beauty and majesty be a small snail, a kind of fish or a spotted of our oceans for generations to come. owl, which, by the way ruined the lumber in- of violence has far-reaching impacts dustry in the Northwest. After research, and I believe we must work together to I commend Defenders of Wildlife and they found out it was a bigger owl killing prevent such violence from occurring all those involved in Sea Otter Aware- the smaller ones! How much money did that in the first place. ness Week for their dedication to rais- cost the people and industry brought on by I commend the tireless efforts of ing awareness about the tremendously environmentalists? It is survival time, folks those who work everyday to end this important role that sea otters have in . . . let us start using our heads. We need to violence. For over 30 years, STAND! our coastal ecosystem. I am inspired by start using our own resources now, not later, has provided domestic violence services their work and I applaud them for their and stop depending on other countries be- cause you see where that has positioned us. to families and individuals throughout perseverance in protecting the health Open up the reserves, uncap oil wells, less re- Contra Costa County. Through their of our oceans and marine life. Their strictions on open pit coal mines, put more work, STAND! strives to end domestic commitment means a brighter future nuclear plants on line. Stop using wheat and violence by raising awareness through for us all. corn for bio-fuels because it is killing us at

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.067 S11SEPT1 smartinez on PROD1PC64 with SENATE S8368 CONGRESSIONAL RECORD — SENATE September 11, 2008 the grocery stores, better yet, stop wasting ters of Idaho just as the ocean around the is- other things to do! No more whining and money on bio-fuels because it is not cost ef- lands of Hawaii should have remained public wanting handouts! No more subsities. Let fective. There are more actions that need to property. ‘‘Those who refuse to learn from the price of gas/oil go whereever the market be taken, but the ‘‘most important’’ thing is history are destined to repeat it.’’ We are will take it. Let us diversify our energy that we need Congress to start acting Now to there! Good luck with your programs. I know sources and get rid of this ‘‘single point of help us survive before it is too late. Please! you are a good and thoughtful man, and you failure’’. I would even go so far as to say we Sincerely and with respect, cannot singlehandedly turn this state or this should NOT ‘‘fully utilize proven American BARNEY and PATTI, Winchester. country around, but I hope you will begin to oil and natural gas reserves’’ (leave them for open your eyes and your mind to some other a real rainy day) and lets put our time and I guess I have to admit that you are prob- possibilities. We need that from you. effort into diversifying. ably representing the views of the majority RICHARD. DAX. of the people in Idaho. Sadly, that is a very short-sighted viewpoint. Thank you for the email telling us of your Something has got to give! My husband My story is that I am trying to walk more position on the energy crunch. I heartily works ten hour-days and sometimes six days and ride my bicycle when I can. Generally, I support tapping the petroleum resources we a week in the woods as a logger. I work as a am trying to be more energy conscious. The have here in the United States and, from all school bus driver eleven months a year. (Nei- bottom line is that we Americans are miss- that I have heard, we have the technology to ther one of us has to drive to work, thank ing the point. For three reasons, we have to do it in an environmentally-friendly manner. God!) We live at least 50 miles roundtrip change our way of thinking. The first is for I understand that Congressman Chris Can- from the doctor’s offices, bank, grocery our own health. Frankly, we do not get non of Utah is making efforts to develop oil stores, etc. Our gas bill averages around $400 enough exercise because we have become so shale fields that are located under Utah, Col- a month since January ’08. Our heat/energy dependent upon the automobile. Take a look orado and Wyoming. I support this and hope bill averages $400 a month. We have tried to at your local high school parking lot some- that you will uphold these efforts if cor- make our trips to town count as we would time. We are actually educating kids not to responding bills reach the Senate. Also, stock up and shop for necessities a few times walk or ride bikes. Take a look at the coun- please do whatever you can to support the a month. However, that has also changed as try as a whole, and you will see a serious development of technologies that will allow we cannot afford to stock up as grocery obesity problem. Take a look at our cities us to tap these resources in more efficient prices have skyrocketed. We now do without. and ask the question, ‘‘How safe is it for a and environmentally conscientious ways. Our extra money is being eaten up by fuel, family to ride a bicycle to the store or to the I also support expanding our use of nuclear energy costs and groceries and we are not park? How safe is it for children to ride to energy. My understanding is that the pop- living high on the hog!! We cannot afford the school on a bike? How safe is for a mother to ular fears of nuclear power plants are largely fresh food that does not last a week in the take her child to the grocery store on a bike? based on myth. And most of the ‘‘waste’’ pro- refrigerator and cannot afford to go 50 miles Sadly, the basic answer seems to be: ‘‘Who duced is either relatively benign, or can be for fresh stuff weekly. cares?’’ Frankly, you should! recycled or reused. If federal regulations We have tried to help our only daughter The second reason is also related to health. were changed so that all radioactive byprod- who lives 80 miles away and can barely cover When Idaho’s cities grow, with the cor- ucts did not have to be shipped to a nuclear rent and student loans (who, by the way, did responding dependence upon gasoline, the waste repository, we would have plenty of not qualify for a stimulus check when she wonderful clean air that people brag about space in places like Yucca Mountain for the has worked and went to college, her income deteriorates. The Rathdrum Prairie and the 2 percent of nuclear ‘‘waste’’ that actually was $6,000.) Spokane Valley are set up very much like should be there. produces 80 percent To top it off, we do have credit card debt the Los Angeles basin. It is only a matter of of its electricity from nuclear power. What and perfect credit, which we’ve worked hard time before we restrict woodburning stoves in the world is holding the U.S. back from to achieve!! But apparently due to the credit in the winter and increase emission stand- building more nuclear power plants? crises(?), we received a letter that now our ards on vehicles. I am all in favor of expanding our refinery interest rates are going up even though we The third reason is for the health of the capacity and in developing alternative en- have never been late with a payment or ex- planet. The hole in the ozone layer and the ergy sources, such as biodiesel. Please do ceeded our limit! Our retirement accounts problems caused by global warming may not whatever you can to bring about changes at are crashing, according to news releases; be entirely caused by the internal combus- the federal level so that the private sector that is also due to oil prices and speculators! tion engine, but they have played a signifi- can go to work developing technologies and We have had the American Dream, and it is cant role. Just think for a minute of what resources and solve these growing problems. slipping away!! Time for some changes, sick this world is going to look like if we con- I pray that your fellow legislators will take to death of environmentalists who probably tinue down this path, and China, Africa, the extreme environmentalist lobby with a do not even work! Fed up in rural Idaho. India and the rest of the world drive cars the grain of salt. I agree that we are ‘‘too de- SCOTT and SHANNON, Deary. way we do. Our children and grandchildren pendent on petroleum,’’ and that we are ‘‘far will have a difficult time breathing, and that too dependent on foreign sources of that pe- I advised my state representatives against will be just the beginning of the problems troleum.’’ We need to move forward in tap- passing legislation for ethanol production. I they will face. Capitalism certainly has its ping the resources we have. We need to do so hope I was not the lone voice. strengths as an economic tool. But somebody in an environmentally conscientious man- I am alerting all who are willing to listen has to control it, or it will lead us to our own ner, but we need to move forward. or read of the manipulation of the United destruction. It is a system designed to create BLAKE, Hamer. States of America into the North American profit for people who answer needs. Union and subsequently an Emergent World Fifty years ago or more, our system began What would really help is if this informa- Government. ‘‘creating needs’’, like a MacDonald’s ham- tion could be put into the hands (and heads!) You will either be unaware of this activity, burger, a Corvette Stingray, or a piece of wa- of the other Senators, Representatives and a proponent of it, or opposed to the premise terfront property all to myself. Originally, President Bush. of the dissolution of the US of A. I know these seemed like simple enough requests, I am sure you are looking for sad stories of what is on the horizon for America and plan- but look at what we have become. Our reli- starving babies and missed vacations due to et Earth. Our current path need not be a gions tell us wealth does not make us happy, the price of energy lately. My story is quite willing venture. We have the resources and but we do not really hear that. We flatter different. I have taken the issue of high gas the resolve to lead the world. We do not need men and institutions who treat nature like prices as an opportunity to change my life- to abdicate that role to a dozen Global fami- their own possession. Sadly, I would bet that style. I ride my bicycle more instead of driv- lies. very few people in Idaho are writing you let- ing everywhere, I have started enjoying ac- The link I provide below is revealing. Ac- ters like this. I wish you had the wisdom and tivities that occur in my own backyard in- cording to Lindsey Williams, a Baptist Min- the courage to begin to turn the thinking of stead of ‘‘going somewhere’’ to have a good ister who worked with oil exploration com- the people of this state around. My question time. I have actually enjoyed the peace and panies in Alaska, the U.S. has all the oil it to you is simply, ‘‘If we keep going this way, quiet this gives me. Its funny how our ‘‘on needs for the next 100 years or so. what do you think Idaho and this country the go’’ American lifestyle in search of ‘‘a http://video.google.com/ will look like in 50 more years. I predict your good time’’ can be solved by NOT being on videoplay?docid=3340274697167011147 children and grandchildren will be saying, the go! :†) This information needs but one Senator or ‘‘Wow, we did not know that would happen!’’ Now I am sure there are people (many peo- Representative to bring it to the floor and Just as much as we are saying now that we ple) who are severely hurt from change in en- into the light. It may be too late already. If wish the miners of the 19th and 20th cen- ergy prices, BUT ignoring the issue and wait- you wish to discuss this at length, I will turies had said, ‘‘Maybe we should have more ing for someone to bail them out is NOT the avail myself. concern for our lakes and rivers’’. Just as I right solution. I have learned to live within Respectfully, would say now, ‘‘Why did not our forefathers my financial budget and not spend more DENNIS. have the wisdom to see that turning the than I make (something my grandfather shoreline of our lake over to private prop- taught me). I take the same approach to en- I am a typical Idahoan, born and raised erty owners is a serious mistake.’’ The wa- ergy. If I cannot afford to do it, I just find here. I work as Rehabilitation Counselor for

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.036 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8369 the State of Idaho. I work with individuals sites. We need to find a balance with respon- as the ‘‘orange drop,’’ and is pursuing ‘‘power who are typically low income, or reliant on sible environmental practices that allow new ring’’ technology for hybrid vehicles, alter- Social Security Disability Awards for their refineries to be built and natural resources native energy producers and military appli- living. The gas prices have hit these individ- to be extracted. cations. uals very hard. Many have a strong desire to Do not set price caps. If oil and gas become ‘‘This is sustainable manufacturing. It’s a obtain employment and earn a gainful wage, too expensive, there will be incentive for al- different product mix,’’ said Ed Sawyer, but with gas prices at $4/gallon, they simply ternative fuels & for Americans to conserve! president and CEO of the SBE Inc. cannot afford to go to work. There is not a Look at ways to decrease our tax load. SBE has landed two rounds of U.S. Depart- reliable bus system, no train system to be Americans work very hard for every penny ment of Energy grants to pursue capacitor utilized, and so they decide to sit at home. we earn. Find ways to be more fiscally re- technology for the burgeoning hybrid vehicle The nearest areas offering the best employ- sponsible so that our tax burden can be industry. The money is helping to bankroll ment options are 20 miles away in either di- lightened to help offset our increasing en- research and development that are creating rection. Not a bad commute as the traffic is ergy expenses. jobs. ‘‘We applied for the grant in a competi- relatively minimal, but an $8, $9, $10/hour job Do not forget the younger generation. My tive process along with approximately 2,000 simply does not offset the cost of fuel. I live generation is paying thousands in to social other firms across the U.S,’’ Sawyer said. five minutes from my office, and I find my- security & other programs that will be bank- By continuing to innovate, the manufac- self wondering how I will pay for the fuel. I rupt before we ever get to use them. We feel turer has been able to save itself from be- laugh when I see the oil representatives say the added strain of paying now, while trying coming obsolete. they pay the same amount for gas as the rest to find ways to be self sufficient because we Over a billion capacitors have been made of us. They may pay the $4/gallon I do, but it expect to have a bankrupt country by the by the Barre-based manufacturer during the has minimal to no impact on their wallet time we get to retirement age. We need to past six decades, Sawyer said. A capacitor is when compared to the average American. invest in our future. And please do not forget an electronic device that can store energy. Please work harder to find a suitable solu- our little children. What legacy will we be KEYS TO SURVIVAL tion that is long term and equitable to all leaving them? Boom times continued into the late 1960s Americans. Quit labeling the Oil Companies as the bad and early 1970s for the capacitor manufac- My story is not dramatic. It probably is guys. Our current conundrum is nothing turer. During that time, about 900 employees not unique, but I think that is why I am tak- more than the classic supply versus demand. built capacitors for companies such as AC ing the time to email a response to your If demand goes up and supply cannot meet it, Delco, Magnavox, RCA and Zenith. news letter. the cost will go up. This concept is taught in The industry has changed a lot since Trenton. economics classes around the country. Why Sprague Electric entered into a subcon- should we expense the oil companies to work tracting agreement with the Rock of Ages I am a thirty-year-old mother of two for nothing? These companies provide many Corp. to manufacture capacitors on their be- young boys and registered nurse. My hus- Americans with good jobs. Let us find a way half in 1945. SBE Inc. is the successor to band and I budget. We save. We avoid debt. to bring more of these jobs home! Sprague Electric Co. Our home is modest, much of it built with Thank you for your time, SBE has retooled. The company has trans- our own hands. We each drive a ten-year-old DIXIE, Rexburg. lated a mid-20th century technology into a car. We rarely eat out. We will also earn modern application for green cars, alter- nearly $86,000 this year, far above the median f native energies, Taser stun guns and mili- Idaho household income. Yet, I am feeling RECOGNIZING SBE, INC. OF BARRE, tary equipment. As the decades passed, for- the burden of increased energy costs. VERMONT eign competitors—mostly in China, Korea, How can that be? Our story really began Malaysia and the Philippines—began making with 9-11, or the economic downturn that im- Mr. LEAHY. Mr. President, I rise capacitors for one-quarter to one-third the mediately followed it. Downsizing, and then today to recognize the innovation and price, Sawyer said. Aside from the hefty more downsizing meant layoffs for my hus- achievements of SBE, Inc. in Barre, price competition, work was lost because the band, a new college graduate at that time. VT. manufacturing of many electronic devices Jobs were scarce for new grads, and we de- For decades, SBE has demonstrated that use capacitors moved from the U.S. to pleted our savings, eventually turning to Asia. credit cards in order to feed and insure our an exceptional ability to adapt to the When Sprague Electric sold the company young family. demands of a changing marketplace. to SBE in 1986, it was down to 19 employees, The economy picked up and he found con- The company started as Sprague Elec- Sawyer said. SBE now has about 50 employ- sistent work. Then, I graduated from college tric in 1945, but today SBE is using cut- ees and is hiring five more engineers to work and we began attacking our credit cards with ting-edge technology to develop capaci- on capacitors for hybrid cars. added fervor. The future began looking tors for use in green cars, alternative The company survived, Sawyer said, be- brighter. We set debt payoff goals and looked energies, Taser stun guns, and ad- cause of its longstanding philosophy: ‘‘new products need to be developed to keep the for ways to reduce the number of my hours vanced military equipment. These in- away from home so that I could focus on our company viable.’’ young boys. This December I was going to novative products have created dozens SBE Inc.—which leases 30,000 square feet of work one less day per pay period. It was of quality Vermont jobs that reflect the 110,000 square feet the manufacturer going to be our present to our our state’s commitment towards mov- owned a few decades ago—was created from family. ing to alternative energy sources. the shell that Sprague Electric was leaving Now that dream does not seem likely. I commend Ed Sawyer, president and behind after being decimated by foreign com- Increases in energy have led to price hikes CEO of SBE, and all of the hard-work- petition, Sawyer said. The management around the board. Wheat costs have sky- team banded together to buy the operation, rocketed, fresh produce too, and, let us not ing employees in Barre for their fore- forming SBE, he said. even talk about milk and gasoline. The in- sight and innovation. I ask unanimous ‘‘If they didn’t have the motivation, it creases mean that, in order for us to pay off consent that a September 1, 2008, Bur- would have been just one more ‘closed busi- our debt and continue saving, I will have to lington Free Press article about the ness’ story,’’ Sawyer said. continue working my regular schedule. If we company be printed in the RECORD so Since becoming president in 2002, Sawyer want any extras, like a date out, an occa- all Senators can read about the success promoted the development of patents. Three sional vacation, or to finish projects around patents have been issued on high-voltage, and commendable business practices of pulse technologies, and six more are pending, the house, I have to work extra shifts to this sustainable Vermont company. cover those. I do not see how I will be able he said. to reduce the number of hours at my job. There being no objection, the mate- Unlike a semiconductor, which requires You ask what priorities I think Congress rial was ordered to be printed in the power be applied to it, a capacitor has the should set to solve this crisis? My answers RECORD, as follows: ability to hold a charge and can change di- may seem a little strange, but I am a be- [From the Burlington Free Press, Sept. 1, rect current to alternating current, which is liever in capitalism, fiscal responsibility and 2008] used to power an electric motor. hard work. They really do work! I would like JOB POTENTIAL BARRE FIRM ADAPTS PRODUCTS TO SURVIVE: to see our leaders: CAPACITOR COMPANY MOVES FOCUS FROM Job growth, particularly skilled manufac- Increase domestic oil production & alter- TV AND STEREOS TO TASERS AND HYBRIDS turing positions, should continue at SBE. native energy production. Remember the If the capacitor technology SBE is devel- South? Many say that they lost the war be- (By Dan McLean) oping for hybrid vehicles is embraced by cause they did not have infrastructure. We BARRE.—SBE Inc., built on 20th century General Motors, as Sawyer hopes, employ- need to remember past mistakes so they do capacitor technology, has survived by con- ment could grow by another 100 people. ‘‘It not revisit our future. Our refineries are tinuing to adapt, taking a Vermont-made would be huge job growth for the state,’’ he aging. We import more than we export. Reg- product and carving a national market. said. ulations make it nearly impossible to build SBE has branched off from its trademarked Rob Peterson, a GM spokesman, said sup- new refineries and expensive for new drill orange colored capacitors, known worldwide pliers for the Chevy Volt hybrid vehicle have

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.039 S11SEPT1 smartinez on PROD1PC64 with SENATE S8370 CONGRESSIONAL RECORD — SENATE September 11, 2008 not been established yet. ‘‘We have made one of my constituents. It begins with to Justices Stanley Reed and Harold some decisions on suppliers, but we are very, a feature story in Landscape Super- Burton. Following his work as a law very early on in the process.’’ intendent and Maintenance Profes- clerk, Stuart moved on to the U.S. De- The Chevy Volt is set to hit markets in No- sional magazine and ends with selec- partment of Justice, Criminal Division; vember 2010, Peterson said. The car is de- signed to travel 40 miles on an electric tion as the Air Force Association’s 2008 Special Assistant to Assistant Attor- charge before tapping into electricity gen- Department of Veterans Affairs Em- ney General. erated by a gas-fueled engine. ployee of the Year Award. The link be- After finishing his position with the The bulk of SBE’s sales remain in standard tween the two is a fine veteran and fel- Department of Justice, Stuart went capacitors used in industrial lighting, weld- low Hawaii resident, Mr. Larry L. into private practice at Howard Rice ing equipment and supplies for cell phone Thornton. Nemerovski Canady & Pollak where he towers. In June of last year, Landscape Su- served as partner for 14 years before be- ‘‘This is still what’s paying the bills,’’ he perintendent and Maintenance Profes- coming a judge on the San Francisco said. sional magazine featured an article en- Superior Court, a position he held SBE added to its product lineup when it through 2002. Continuing with a long became the exclusive provider for capacitors titled ‘‘Maintaining Honor,’’ on the for Taser International Inc. in 2002, Sawyer quality of the grounds-keeping at the list of legal accomplishments, Stuart said. SBE has sold about a million capacitors National Memorial Cemetery of the currently serves as an associate justice for the stun guns carried by police depart- Pacific. The national cemetery, located on the California Court of Appeals, Di- ments across the country, he said. on the island of Oahu and known to Ha- vision Three. Even with his demanding SBE landed Taser as a client because of the waii locals as ‘‘Punchbowl,’’ is a crown schedule as an associate justice, Stuart Barre company’s history as an industry lead- jewel of America’s memorials, and the has consistently made time for Hebrew er. ‘‘They actually approached us, basically Free Loan Association and other orga- on our reputation in the industry,’’ he said. last resting place of thousands who so valiantly served their Nation. Millions nizations in which he has a leadership In 2007, SBE’s revenue was $3 million to $5 role: Jewish Community Relations million. Sawyer expects those figures to be visit Punchbowl annually, to walk the 20 to 25 percent higher this year. Despite the grounds, to stand silently in its beau- Council, the Jewish Community Fed- sales, earnings are lackluster. ty, and to pay tribute to those laid to eration, New Israel Fund, America- SBE, a privately held company, is not rest there. Israel Friendship League and Con- turning a profit, but that’s because profits The article featured pictures of the gregation Sherith Israel. are being rolled back into the research and groundskeepers, each identified by first I commend the mission of Hebrew development budget, Sawyer said. and last name. Unbeknownst to the Free Loan Association and am thrilled FUNDING SOURCES readers, these hard working stewards by the positive impact it has on the Department of Energy grants are helpful, are injured veterans, some with disabil- lives of those who receive its assist- but they don’t offset the losses, he said. ities for which others may have writ- ance. Over the last 110 years, Hebrew SBE received $850,000 from the Energy De- ten them off as unable to contribute a Free Loan Association has provided in- partment to perfect hybrid vehicle capacitor day’s labor. But thanks in large part to terest-free loans to people in need; as- technology. The technology could make sistance in the form of a loan rather lighter, smaller capacitors and slice a few one man, one of their fellow veterans, they succeed beyond such expectations, than a hand out. Stuart’s many years hundred dollars from the price of a hybrid of dedicated involvement with Hebrew vehicle, Sawyer said. one day at a time. That man, their su- Free Loan Association, including his 2 Grant money isn’t the only source pervisor for VA’s Compensated Work years as president, has allowed many powering new endeavors at SBE. The com- Therapy Program for disabled vet- from the San Francisco Bay Area Jew- pany’s eye toward innovation, and reliable erans, managed to escape the feature ish community to realize their dreams. revenue stream, caught the interest of photos. That man is Punchbowl’s Cem- ‘‘angel’’ investors, Sawyer said. Such inves- After nearly 30 years of continuing tors have poured in more than $2 million in etery caretaker foreman, Larry Thorn- service to Hebrew Free Loan Associa- the last four years, he said. ton. tion, I remain in admiration of Stu- Fortunately, Mr. Thornton could not The work for Taser helped SBE get trac- art’s strong sense of civic duty. Along tion with the investment community and the escape the limelight when he finally with hundreds of his friends and admir- existing capacitor business added a sense of received just recognition for his work ers throughout the San Francisco Bay security. with disabled veterans and for his dedi- area, I wish him many more years of ‘‘There is less risk than two guys in a ga- cated labor to maintain a national rage. We are an existing entity that is pay- continued community involvement and shrine. This year his work was recog- leadership.∑ ing the bills,’’ Sawyer said. nized and earned him the Air Force As- The military is interested in the power f ring technology to shoot ‘‘a high energy sociation’s Department of Veterans Af- laser’’ from a vehicle,’’ Sawyer said. fairs Employee of the Year Award for TRIBUTE TO SERGEANT PAUL The technology of the capacitors is simi- 2008. I join the Air Force Association in STARZYK lar. It’s the sizes of the pieces that vary. Ca- commending this fine veteran, Mr. ∑ Mrs. BOXER. Mr. President, I ask my pacitors for the hybrid cars are 6 inches in Thornton, for his service to his fellow colleagues to join me in honoring the diameter, substantially larger than the veterans and our Nation. His service memory of a dedicated law enforce- standard capacitors, which are 1⁄2-inch to 1– began long before this award, and I am ment officer, Sergeant Paul Starzyk of inch wide. sure that it will continue long after it. Capacitors being used by solar and wind the city of Martinez Police Depart- energy producers to store and filter elec- I am doubly proud of him, as a Senator ment. For the past 12 years, Sergeant tricity are about 12 inches in diameter, he from Hawaii and as the chairman of Starzyk worked tirelessly to provide said. the Veterans’ Affairs Committee.∑ the citizens of Martinez with safety York Capacitor—a similar operation in f and service. On September 6, 2008, Ser- Winooski—closed in 2005 after being pur- geant Starzyk was tragically killed in TRIBUTE TO STUART POLLAK chased by a South Carolina company that the line of duty. moved manufacturing to Mexico. York Ca- ∑ Mrs. BOXER. Mr. President, I am Sergeant Starzyk, an Antioch resi- pacitor failed to adapt, Sawyer said. ‘‘They pleased and honored to pay tribute to dent, worked as a banker and at a local never changed.’’ Stuart Pollack for his many years of ‘‘I don’t think we’d be in business today . soup kitchen before he became active . . if we didn’t make the choices we made to service to the Hebrew Free Loan Asso- in law enforcement. He was hired by target the markets we are now,’’ he said. ciation based in San Francisco, CA. the city of Martinez Police Department Stuart graduated as valedictorian f as a reserve officer in 1992 and became from Lowell High School in San Fran- a police office in December 1994. After ADDITIONAL STATEMENTS cisco in 1955. He went on to attend a brief period with the Pleasant Hill Stanford University for his under- Police Department, Sergeant Starzyk graduate degree and graduated from came back to the Martinez Police De- TRIBUTE TO LARRY THORNTON Harvard Law School magna cum laude partment in April 1997 and was pro- ∑ Mr. AKAKA. Mr. President, today I in 1962. In his first year out of law moted to sergeant in December 2007. want to share a story with my col- school, Stuart would serve as a law A member of the Central Contra leagues about the accomplishments of clerk to Chief Justice Earl Warren and Costa Narcotics Enforcement Team

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.052 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8371 and a former SWAT team leader, Ser- SONY HAWAII AND SONY Program is to make recycling as easy geant Starzyk was renowned for his ELECTRONICS for consumers as it is for them to pur- leadership skills among fellow officers. ∑ Mr. INOUYE. Mr. President, I wish to chase a Sony product. I commend Sony Throughout his career, Sergeant recognize Sony Hawaii and Sony Elec- for its electronics recycling efforts.∑ Starzyk demonstrated a passion for tronics (collectively ‘‘Sony’’) for their f law enforcement and commitment to Electronics Take Back and Recycle 100TH ANNIVERSARY OF OUR LADY helping others, qualities that enabled Program. Sony Hawaii, part of the OF SORROWS him to become a respected and model larger Sony Electronics Inc., is based ∑ member of the Martinez Police Depart- in Honolulu and just celebrated its 40th Mr. LEVIN. Mr. President, I would ment. Sergeant Starzyk’s colleagues anniversary as a Hawaii-based com- like to extend my congratulations to will always remember him for his pro- pany. Seventy-five percent of Sony Ha- Our Lady of Sorrows Catholic Church fessionalism and devotion to serving waii’s business comes from selling dis- in Grand Rapids, MI, as they celebrate the public. counted Sony products directly to U.S. their 100th anniversary. Since its inau- Sergeant Starzyk was a loving hus- military personnel around the world. gural mass on September 20, 1908, Our band, proud father, and devoted friend. Sony has long been an industry lead- Lady of Sorrows Catholic Church has He is survived by his wife Shannon, a er in the environmentally friendly de- been devoted to serving the many di- Contra Costa County sheriff’s deputy, sign of its consumer electronics and in- verse needs within the Grand Rapids and three young children. Sergeant formation technology products. Last community, and I am pleased to join in Starzyk served the city of Martinez year, Sony announced its Take Back celebrating this important milestone. In the late 1800s, as the Italian-Amer- with honor and dignity, and his con- and Recycle Program to encourage ican population in Grand Rapids con- tributions to his community and the consumers to recycle and dispose of tinued to grow, there began an earnest many lives that he touched will serve electronic devices in an environ- search within this immigrant commu- as a shining example of his legacy. mentally sound manner. The program provides customers free recycling of nity for a place to worship that would We will always be grateful for Ser- their unwanted Sony products, every- respond to their specific needs. Led by geant Starzyk’s service and the valor thing from a game console to a mobile Father Salvatore Cianci and without a that he displayed while serving and formal structure in which to conduct ∑ phone to a DVD. Under its program, protecting the people of Martinez. Sony takes full manufacturer responsi- mass, the congregation was established bility for all products that bear its and gathered in the basement of St. f brand and will recycle those products Andrew’s Cathedral in Grand Rapids in at no cost to the consumer. Its recy- 1908 to celebrate its first mass. With RECOGNIZING THE 938TH cling locations will also accept and re- this mass, the congregation of Our ENGINEER DETACHMENT cycle non-Sony consumer electronics Lady of Sorrows began their spiritual journey by seeking to minister to the ∑ and information technology products Mr. CRAPO. Mr. President, it is an roughly 75 families that lived in the honor for me to recognize the remark- for a small fee. Sony has partnered with Waste Man- area at the time. able achievement of a group of Idaho agement Recycle America to utilize 138 During the early part of the 20th cen- citizen soldiers, the 938th Engineer De- drop-off centers throughout the coun- tury, Our Lady of Sorrows Catholic tachment from Driggs. The 938th was try, with the goal of having 150 perma- Church continued to grow and to estab- recently awarded the Meritorious Unit nent locations and at least one recy- lish a presence in the community. Commendation, one of the U.S. Army’s cling location in every State by Sep- Throughout both the highest honors. According to BG Alan tember 2008. Sony’s longer term goal is and World War II, they worked dili- Gayhart, an Idaho unit has not won to have a collection location within 20 gently to create a permanent residence this award since the days of World War miles of 95 percent of the U.S. popu- for their church community. The II, over 60 years ago. The 938th Engi- lation at which consumers, retailers, church initiated fundraising efforts to neer Battalion participated in Oper- and municipalities can have any prod- help support the purchase of a perma- ation Iraqi Freedom from February uct from any consumer electronic man- nent location, as well as to support 2003 to March 2004. The unit operated in ufacturer recycled. their many community outreach ef- the capacity of fire prevention and All products which are collected forts. After nearly 40 years in tem- combat aircraft protection for the 101st through the program must be recycled porary locations, their determination Airborne Division in northern Iraq. using the strictest environmental and persistence was rewarded with the This was a difficult mission, and one standards. Waste Management will dedication of the new church structure that they executed with profes- store, track inventory and dismantle on April 14, 1957. sionalism, skill, and excellence. The the products into the form of common Through the many challenges and firefighters worked tirelessly in their raw materials that can be bought and changes the church and the larger com- protection and prevention efforts in de- sold on the global market. In some munity endured, Our Lady of Sorrows fense of freedom, and I am happy for cases, it is likely that recycled plastics has remained committed to its church their safe return to family and friends. will be purchased for reforming into a family. The Grand Rapids parish is I also keep the families and friends of new current model electronics product. presently home to more than 250 fami- those who made the ultimate sacrifice Sony seeks at least 95 percent recy- lies of diverse backgrounds, including a in prayer as they continue on without cling rates, with less than 5 percent of growing Hispanic population. During their loved ones. materials going to landfills. In addi- their distinguished 100-year history, Idaho has a proud history of military tion, Sony provides full public account- they established an elementary school; service. Her sons and daughters have ability of how and where the material constructed a new convent, rectory, been serving our Nation in uniform far goes and prohibits the exportation of and church; and established a local from home since the days of the Span- hazardous waste to developing coun- scholarship for anyone living within ish American War in the early 20th tries. the boundaries of the parish. Today, century. The Meritorious Unit Com- In addition to setting up permanent the church serves as an example of an mendation which the 938th Engineer collection centers, Sony is holding nu- inclusive community and has reached Battalion received is awarded to mili- merous, highly publicized electronics out to people of diverse backgrounds, tary commands that display exception- recycling events, throughout the facilitating an appreciation for dif- ally meritorious conduct in the per- United States, including some in the ferent cultures. formance of outstanding service, heroic State of Hawaii. Sony also offers con- Our Lady of Sorrows Catholic Church deed or valorous actions. The unit was sumers credit toward the future pur- is truly an important part of the rich recommended for the award by the U.S. chase of a similar product if they send history of Grand Rapids. Their influ- Army’s higher headquarters and was in their old product for recycling. ence and service to the community is selected by the Pentagon for the com- Sony has stated that its goal in im- apparent to the many that have bene- mendations.∑ plementing the Take Back and Recycle fitted from the church’s spiritual and

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.017 S11SEPT1 smartinez on PROD1PC64 with SENATE S8372 CONGRESSIONAL RECORD — SENATE September 11, 2008 outreach efforts. I know my colleagues was brokenhearted like many, many requirements except for section 123a.(2) join me in congratulating Our Lady of other people were, and I just thought it of the AEA, from which I have exempt- Sorrows Catholic Church on 100 years was part of the stage of healing.’’ ed it as described below. of dedicated service to the Grand Rap- Seven years after September 11 Mr. The proposed Agreement provides a ids community, and I wish them much Swift and his business are still in comprehensive framework for U.S. success as they embark on another 100- Maine and continue to restore fire en- peaceful nuclear cooperation with year journey.∑ gines. After the October 2002 memorial India. It permits the transfer of infor- f service, the hose wagon returned to mation, non-nuclear material, nuclear Maine, and, today, it can be found at material, equipment (including reac- RECOGNIZING FIREFLY the Owls Head Transportation Museum tors) and components for nuclear re- RESTORATIONS in Owls Head, Maine. On the seventh search and nuclear power production. ∑ Ms. SNOWE. Mr. President, today I anniversary of September 11, we take It does not permit transfers of any re- recognize Firefly Restorations of Hope, this day to grieve and commemorate stricted data. Sensitive nuclear tech- ME, a company whose tribute to the the extraordinary acts preformed by nology, heavy-water production tech- fallen firefighters of September 11 ordinary Americans like Andy Swift nology and production facilities, sen- stands as a symbol of our Nation’s re- and his employees at Firefly Restora- sitive nuclear facilities, and major solve and exemplifies the selfless spirit tions. critical components of such facilities of Maine’s small businesses. I thank Andy Swift and Firefly Res- may not be transferred under the Firefly Restorations is one of a small torations for this gift to our country, Agreement unless the Agreement is number of businesses that restore and our Nation’s firefighters, and to those amended. The Agreement permits the rebuild antique fire apparatus. brave heroes who gave their lives on enrichment of uranium subject to it up Firefly’s owner, Andy Swift, is a Main- September 11.∑ to 20 percent in the isotope 235. It per- er with a life-long love of firefighting mits reprocessing and other alterations f and fire engines. Mr. Swift, a fire- in form or content of nuclear material fighter of over fourteen years, has been PROPOSED AGREEMENT FOR CO- subject to it; however, in the case of restoring fire engines for two decades. OPERATION BETWEEN THE GOV- such activities in India, these rights In his words he has been: ‘‘. . . im- ERNMENT OF THE UNITED will not come into effect until India es- mersed in this world of fire.’’ STATES OF AMERICA AND THE tablishes a new national reprocessing On September 11, 2001, Mr. Swift GOVERNMENT OF INDIA CON- facility dedicated to reprocessing watched from his television as his CERNING PEACEFUL USES OF under IAEA safeguards and both par- brethren entered the Twin Towers and NUCLEAR ENERGY, RECEIVED ties agree on arrangements and proce- sacrificed their lives so that those DURING ADJOURNMENT OF THE dures under which the reprocessing or trapped inside might live. It was at SENATE ON SEPTEMBER 10, 2008— other alteration in form or content will that moment that Mr. Swift resolved PM 63 take place. to do something, anything, to assist or The PRESIDING OFFICER laid be- In Article 5(6) the Agreement records to commemorate the events of that fore the Senate the following message certain political commitments con- tragic day. At first, Mr. Swift felt a from the President of the United cerning reliable supply of nuclear fuel visceral pull to Ground Zero. As he States, together with an accompanying given to India by the United States in said, ‘‘When you’re a fireman, you have report; which was referred to the Com- March 2006. The text of the Agreement a firefighter’s heart.’’ But instead, he mittee on Foreign Relations: does not, however, transform these po- found a different and unique way to litical commitments into legally bind- show his gratitude for the sacrifices of To the Congress of the United States: ing commitments because the Agree- the fallen firefighters of the New York I am pleased to transmit to the Con- ment, like other U.S. agreements of its City Fire Department. gress, pursuant to section 123 of the type, is intended as a framework agree- Mr. Swift made an offer to the New Atomic Energy Act of 1954, as amended ment. York City Fire Department. He said, (42 U.S.C. 2153) (AEA), the text of a pro- The Agreement will remain in force provide me with a fire engine, any fire posed Agreement for Cooperation Be- for a period of 40 years and will con- engine, and I will restore it for free. tween the Government of the United tinue in force thereafter for additional Shortly after the offer was made, the States of America and the Government periods of 10 years each unless either New York City Fire Department asked of India Concerning Peaceful Uses of party gives notice to terminate it 6 him to restore a nineteenth century Nuclear Energy. I am also pleased to months before the end of a period. hose wagon, and Mr. Swift was more transmit my written determination Moreover, either party has the right to than happy to oblige. concerning the Agreement, including terminate the Agreement prior to its Restoring fire engines is a costly and my approval of the Agreement and my expiration on 1 year’s written notice to time consuming task. Firefly Restora- authorization to execute the Agree- the other party. A party seeking early tions typically takes 2 years to refur- ment, and an unclassified Nuclear Pro- termination of the Agreement has the bish an engine, but with Maine fire- liferation Assessment Statement right immediately to cease cooperation fighters raising $3,500 for materials and (NPAS) concerning the Agreement. (In under the Agreement, prior to termi- Mr. Swift and his employees donating accordance with section 123 of the nation, if it determines that a mutu- over 2,500 hours of free labor, the hose AEA, as amended by title XII of the ally acceptable resolution of out- wagon was completed within 6 months. Foreign Affairs Reform and Restruc- standing issues cannot be achieved On October 12, 2002, 1 year, 1 month, turing Act of 1998 (Public Law 105–277), through consultations. In any case the and 1 day after September 11, the fire a classified annex to the NPAS, pre- Agreement, as noted, is a framework or hose Firefly Restorations refurbished pared by the Secretary of State in con- enabling agreement that does not com- made its debut at the fallen fire- sultation with the Director of National pel any specific nuclear cooperative ac- fighter’s memorial service in Madison Intelligence, summarizing relevant tivity. In the event of termination of Square Garden. Amidst the tributes classified information, will be sub- the Agreement, key nonproliferation and memorial services the antique hose mitted to the Congress separately.) conditions and controls would continue wagon stood as a silent reminder of the The joint memorandum submitted to with respect to material and equip- links between generations of brave men me by the Secretary of State and the ment subject to the Agreement. and women who rush into buildings Secretary of Energy and a letter from An extensive discussion of India’s when others rush out. In his own way, the Chairman of the Nuclear Regu- civil nuclear program, military nuclear Mr. Swift put the ceremony into per- latory Commission stating the views of program, and nuclear nonproliferation spective when he said, ‘‘It was probably the Commission are also enclosed. policies and practices is provided in the one of the most moving things that The proposed Agreement has been ne- Nuclear Proliferation Assessment I’ve been involved with. I think it was gotiated in accordance with the AEA Statement (NPAS) and in a classified a healing process, and I think it was and other applicable law. In my judg- annex to the NPAS submitted to the important for me to go through . . . I ment, it meets all applicable statutory Congress separately.

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.016 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8373 The AEA establishes the require- THE WHITE HOUSE, September 10, 2008. amend the Internal Revenue Code of ments for agreements for nuclear co- f 1986 to restore the Highway Trust Fund operation, some of which apply only to balance. non-nuclear-weapon states (see AEA, MESSAGES FROM THE HOUSE section 123a.). The AEA incorporates f the definition of ‘‘nuclear-weapon ENROLLED BILLS SIGNED state’’ from the Treaty on the Non- ENROLLED BILL SIGNED At 11:24 a.m., a message from the Proliferation of Nuclear Weapons The message also announced that the House of Representatives, delivered by (NPT), which defines it to mean a state Speaker has signed the following en- Ms. Niland, one of its reading clerks, that has manufactured and exploded a rolled bill: nuclear weapon or other nuclear explo- announced that the Speaker has signed the following enrolled bills: H.R. 6532. An act to amend the Internal sive device prior to January 1, 1967. Revenue Code of 1986 to restore the Highway Therefore India is a non-nuclear-weap- H.R. 5683. An act to make certain reforms Trust Fund balance. on state for NPT and AEA purposes, with respect to the Government Account- even though it possesses nuclear weap- ability Office, and for other purposes. f ons. The Agreement satisfies all re- H.R. 6456. An act to provide for extensions quirements set forth in section 123a. of of certain authorities of the Department of MEASURES REFERRED State, and for other purposes. the AEA except the requirement of sec- S. 2450. An act to amend the Federal Rules The following bills were read the first tion 123a.(2) that, as a condition of con- of Evidence to address the waiver of the at- and the second times by unanimous tinued U.S. nuclear supply under the torney-client privilege and the work product consent, and referred as indicated: Agreement, IAEA safeguards be main- doctrine. H.R. 1527. An act to amend title 38, United tained in India with respect to all nu- S. 2837. An act to designate the United States Code, to direct the Secretary of Vet- States courthouse located at 225 Cadman clear materials in all peaceful nuclear erans Affairs to conduct a pilot program to Plaza East, Brooklyn, New York, as the activities within its territory, under permit certain highly rural veterans enrolled ‘‘Theodore Roosevelt United States Court- its jurisdiction, or carried out under its in the health system of the Department of house’’. control anywhere (i.e., ‘‘full-scope’’ or Veterans Affairs to receive covered health ‘‘comprehensive’’ safeguards). The enrolled bills were subsequently services through providers other than those The Henry J. Hyde United States- signed by the President pro tempore of the Department; to the Committee on India Peaceful Atomic Energy Coopera- (Mr. BYRD). Veterans’ Affairs. tion Act of 2006 (the ‘‘Hyde Act’’) es- H.R. 3667. An act to amend the Wild and tablished authority to exempt the At 3:58 p.m., a message from the Scenic Rivers Act to designate a segment of Agreement from the full-scope safe- House of Representatives, delivered by the Missisquoi and Trout Rivers in the State Mr. Zapata, one of its reading clerks, of Vermont for study for potential addition guards requirement of section 123a.(2) to the National Wild and Scenic Rivers Sys- of the AEA, as well as certain other announced that the House has passed tem; to the Committee on Energy and Nat- provisions of the AEA relating to sup- the following bills, in which it requests ural Resources. ply under such an agreement, provided the concurrence of the Senate: The following concurrent resolution that the President makes certain de- H.R. 1527. An act to amend title 38, United was read, and referred as indicated: terminations and transmits them to States Code, to direct the Secretary of Vet- the Congress together with a report de- erans Affairs to conduct a pilot program to H. Con. Res. 344. Recognizing the dis- tailing the basis for the determina- permit certain highly rural veterans enrolled proportionate impact of the global food cri- in the health system of the Department of sis on children in the developing world; to tions. I have made those determina- the Committee on Foreign Relations. tions, and I am submitting them to- Veterans Affairs to receive covered health gether with the required report as an services through providers other than those of the Department. f enclosure to this transmittal. H.R. 3667. An act to amend the Wild and Approval of the Agreement, followed Scenic Rivers Act to designate a segment of ENROLLED BILLS PRESENTED by its signature and entry into force, the Missisquoi and Trout Rivers in the State will permit the United States and India The Secretary of the Senate reported of Vermont for study for potential addition that on today, September 11, 2008, she to move forward on the U.S.-India Civil to the National Wild and Scenic Rivers Sys- Nuclear Cooperation Initiative, which tem. had presented to the President of the Indian Prime Minister Manmohan H.R. 4081. An act to prevent tobacco smug- United States the following enrolled Singh and I announced on July 18, 2005, gling, to ensure the collection of all tobacco bills: and reaffirmed on March 2, 2006. Civil taxes, and for other purposes. S. 2450. An act to amend the Federal Rules nuclear cooperation between the The message also announced that the of Evidence to address the waiver of the at- United States and India pursuant to House has passed the following bill, torney-client privilege and the work product without amendment: doctrine. the Agreement will offer major stra- S. 2837. An act to designate the United tegic and economic benefits to both S. 2617. An act to amend title 38, United States courthouse located at 225 Cadman countries, including enhanced energy States Code, to codify increases in the rates Plaza East, Brooklyn, New York, as the security, an ability to rely more exten- of compensation for veterans with service- ‘‘Theodore Roosevelt United States Court- sively on an environmentally friendly connected disabilities and the rates of de- house’’. energy source, greater economic oppor- pendency and indemnity compensation for the survivors of certain disabled veterans f tunities, and more robust nonprolifera- that were effective as of December 1, 2007, to tion efforts. provide for an increase in the rates of such EXECUTIVE AND OTHER The Agreement will reinforce the compensation effective December 1, 2008, and growing bilateral relationship between for other purposes. COMMUNICATIONS two vibrant democracies. The United The following communications were States is committed to a strategic At 4:44 p.m., a message from the laid before the Senate, together with partnership with India, the Agreement House of Representatives, delivered by accompanying papers, reports, and doc- promises to be a major milestone in Mr. Zapata, one of its reading clerks, uments, and were referred as indicated: achieving and sustaining that goal. announced that the House has agreed EC–7522. A communication from the Ad- In reviewing the proposed Agreement to the following concurrent resolution, ministrator, Risk Management Agency, De- I have considered the views and rec- in which it requests the concurrence of partment of Agriculture, transmitting, pur- ommendations of interested agencies. I the Senate: suant to law, the report of a rule entitled have determined that its performance H. Con. Res. 344. Concurrent resolution rec- ‘‘Common Crop Insurance Regulations; Cov- will promote, and will not constitute ognizing the disproportionate impact of the erage Enhancement Option’’ (RIN0563–AC15) an unreasonable risk to, the common global food crisis on children in the devel- received on August 26, 2008; to the Com- defense and security. Accordingly, I oping world. mittee on Agriculture, Nutrition, and For- have approved it and I urge that the estry. The message further announced that EC–7523. A communication from the Con- Congress also approve it this year. the House agrees to the amendment of gressional Review Coordinator, Animal and GEORGE W. BUSH. the Senate to the bill (H.R. 6532) to Plant Health Inspection Service, Department

VerDate Aug 31 2005 05:59 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.042 S11SEPT1 smartinez on PROD1PC64 with SENATE S8374 CONGRESSIONAL RECORD — SENATE September 11, 2008 of Agriculture, transmitting, pursuant to of Defense (Personnel and Readiness), trans- EC–7547. A communication from the Sec- law, the report of a rule entitled ‘‘Brucellosis mitting the report of (3) officers authorized retary of Health and Human Services, trans- in Cattle; State and Area Classifications; to wear the insignia of the grade of brigadier mitting, pursuant to law, the report of the Texas’’ (Docket No. APHIS–2008–0003) re- general in accordance with title 10, United addition of workers from Spencer Chemical/ ceived on August 27, 2008; to the Committee States Code, section 777; to the Committee Jayhawk Works near Pittsburg, Kansas, to on Agriculture, Nutrition, and Forestry. on Armed Services. the Special Exposure Cohort; to the Com- EC–7524. A communication from the Under EC–7536. A communication from the Chair- mittee on Health, Education, Labor, and Secretary of Agriculture (Food, Nutrition, man, U.S. International Trade Commission, Pensions. and Consumer Services), transmitting, pur- transmitting, pursuant to law, a report enti- EC–7548. A communication from the Sec- suant to law, the report of a rule entitled tled, ‘‘The Year in Trade 2007’’; to the Com- retary of Health and Human Services, trans- ‘‘Management of Donated Foods in Child Nu- mittee on Finance. mitting, pursuant to law, the report of a pe- trition Programs, the Nutrition Services In- EC–7537. A communication from the Acting tition to add workers from the Y–12 Plant in centive Program, and Charitable Institu- Chief of the Trade and Commercial Regula- Oak Ridge, Tennessee, to the Special Expo- tions’’ (RIN0584–AD45) received on August 27, tions Branch, Customs and Border Protec- sure Cohort; to the Committee on Health, 2008; to the Committee on Agriculture, Nu- tion, Department of Homeland Security, Education, Labor, and Pensions. trition, and Forestry. transmitting, pursuant to law, the report of EC–7549. A communication from the Dep- EC–7525. A communication from the Under a rule entitled ‘‘First Sale Declaration Re- uty Director for Operations, Pension Benefit Secretary of Defense (Comptroller), trans- quirement’’ (RIN1505–AB96) received on Au- Guaranty Corporation, transmitting, pursu- mitting, pursuant to law, the report of a vio- gust 20, 2008; to the Committee on Finance. ant to law, the report of a rule entitled lation of the Antideficiency Act that oc- EC–7538. A communication from the Acting ‘‘Benefits Payable in Terminated Single-Em- curred within the Department of the Army Chief of the Trade and Commercial Regula- ployer Plans; Allocation of Assets in Single- and has been assigned case number 05–13; to tions Branch, Customs and Border Protec- Employer Plans; Interest Assumptions for the Committee on Appropriations. tion, Department of Homeland Security, Valuing and Paying Benefits’’ (29 CFR Parts EC–7526. A communication from the Under transmitting, pursuant to law, the report of 4022 and 4044) received on August 27, 2008; to Secretary of Defense (Comptroller), trans- a rule entitled ‘‘Entry Requirements for Cer- the Committee on Health, Education, Labor, mitting, pursuant to law, the report of a vio- tain Softwood Lumber Products Exported and Pensions. lation of the Antideficiency Act that oc- from Any Country into the United States’’ EC–7550. A communication from the Direc- curred within the Department of the Air (RIN1505–AB98) received on August 20, 2008; tor, Regulations Policy and Management Force and has been assigned case number 06– to the Committee on Finance. Staff, Food and Drug Administration, De- 01; to the Committee on Appropriations. EC–7539. A communication from the Chief partment of Health and Human Services, EC–7527. A communication from the Under of Publications and Regulations, Internal transmitting, pursuant to law, the report of Secretary of Defense (Comptroller), trans- Revenue Service, Department of the Treas- a rule entitled ‘‘Food Labeling; Health mitting, pursuant to law, the report of a vio- ury, transmitting, pursuant to law, the re- Claim; Soluble Fiber From Certain Foods lation of the Antideficiency Act that oc- port of a rule entitled ‘‘Applicable Federal and Risk of Coronary Heart Disease’’ (Dock- curred within the Department of the Navy Rates—September 2008’’ (Rev. Rul. 2008–46) et No. FDA–2008–P–0090) received on August 29, 2008; to the Committee on Health, Edu- and has been assigned case number 07–04; to received on August 20, 2008; to the Com- cation, Labor, and Pensions. the Committee on Appropriations. mittee on Finance. EC–7551. A communication from the Direc- EC–7528. A communication from the Under EC–7540. A communication from the Chief tor of Communications and Legislative Af- Secretary of Defense (Acquisition, Tech- of Publications and Regulations, Internal fairs, Equal Employment Opportunity Com- nology and Logistics), transmitting, pursu- Revenue Service, Department of the Treas- mission, transmitting, pursuant to law, an ant to law, nine quarterly Selected Acquisi- ury, transmitting, pursuant to law, the re- annual report relative to the federal work tion Reports (SARs) for the quarter ending port of a rule entitled ‘‘IRC 965 Dividend Re- force for fiscal year 2007; to the Committee patriation Audit Guidelines’’ (LMSB–4–0808– June 30, 2008; to the Committee on Armed on Health, Education, Labor, and Pensions. Services. 043) received on September 2, 2008; to the EC–7552. A communication from the Sec- EC–7529. A communication form the Prin- Committee on Finance. retary of Labor, transmitting, pursuant to cipal Deputy Under Secretary of Defense EC–7541. A communication from the Chief law, a report entitled ‘‘The Department of (Personnel and Readiness), transmitting, of Publications and Regulations, Internal Labor’s 2007 Findings on the Worst Forms of pursuant to law, a report relative to the De- Revenue Service, Department of the Treas- Child Labor’’; to the Committee on Health, partment of Defense’s review of programs de- ury, transmitting, pursuant to law, the re- Education, Labor, and Pensions. signed to prevent recruiter misconduct; to port of a rule entitled ‘‘Qualified Forestry EC–7553. A communication from the Sec- the Committee on Armed Services. Conservation Bonds’’ (Notice 2008–70) re- retary of Energy, transmitting, pursuant to EC–7530. A communication from the Prin- ceived on September 2, 2008; to the Com- law, a report relative to an annual plan for cipal Deputy, Office of the Under Secretary mittee on Finance. the Ultra-Deepwater and Unconventional of Defense (Personnel and Readiness), trans- EC–7542. A communication from the Chief Natural Gas and Other Petroleum Resources mitting the report of (6) officers authorized Justice of the Supreme Court of the United Research and Development Program; to the to wear the insignia of the grade of brigadier States, transmitting, pursuant to law, a re- Committee on Energy and Natural Re- general in accordance with title 10, United port entitled ‘‘Report of the Proceedings of sources. States Code, section 777; to the Committee the Judicial Conference of the United States EC–7554. A communication from the Ad- on Armed Services. for the March 2008 Session’’; to the Com- ministrator, Energy Information Adminis- EC–7531. A communication from the Chief, mittee on the Judiciary. tration, Department of Energy, transmit- Programs and Legislation Division, Depart- EC–7543. A communication from the Prin- ting, pursuant to law, a report entitled ‘‘An- ment of the Air Force, transmitting, pursu- cipal Deputy Assistant Attorney General, nual Energy Outlook 2008’’; to the Com- ant to law, a report relative to public-private transmitting, pursuant to law, a report rel- mittee on Energy and Natural Resources. competitions affecting the 82nd Training ative to the Adam Walsh Child Protection EC–7555. A communication from the Chair- Wing, Sheppard Air Force Base, Texas; to and Safety Act of 2006; to the Committee on man, Federal Energy Regulatory Commis- the Committee on Armed Services. the Judiciary. sion, transmitting, pursuant to law, a report EC–7532. A communication from the Dep- EC–7544. A communication from the Acting relative to progress made in licensing and uty Chief of Legislative Affairs, Department Assistant Secretary, Office of Legislative Af- constructing the Alaska natural gas pipe- of the Navy, transmitting, pursuant to law, fairs, Department of State, transmitting, line; to the Committee on Energy and Nat- notification of the department’s decision to pursuant to law, the report of a rule entitled ural Resources. convert to contract the aircraft maintenance ‘‘Aliens Inadmissible Under the Immigration EC–7556. A communication from the Direc- functions currently performed by 101 mili- and Nationality Act, as Amended: Unlawful tor, Office of Surface Mining, Department of tary personal of the Fleet Logistics Support Voters’’ (RIN1400–AC04) received on August the Interior, transmitting, pursuant to law, Squadrons at Andrews Air Force Base, Mary- 26, 2008; to the Committee on the Judiciary. the report of a rule entitled ‘‘Utah Regu- land; to the Committee on Armed Services. EC–7545. A communication from the Staff latory Program’’ (Docket No. UT–042–FOR) EC–7533. A communication from the Dep- Director, U.S. Commission on Civil Rights, received on August 25, 2008; to the Com- uty Chief of Legislative Affairs, Department transmitting, pursuant to law, a report rel- mittee on Energy and Natural Resources. of the Navy, transmitting, pursuant to law, a ative to the Commission’s recent appoint- EC–7557. A communication from the Acting report relative to the results of the Depart- ment of members to the Wisconsin Advisory Chief, Regulatory Affairs, Bureau of Land ment’s A–76 public-private competition; to Committee; to the Committee on the Judici- Management, transmitting, pursuant to law, the Committee on Armed Services. ary. the report of a rule entitled ‘‘Recreation and EC–7534. A communication from the Under EC–7546. A communication from the Staff Public Purposes Act; Solid Waste Disposal’’ Secretary of Defense (Comptroller), trans- Director, U.S. Commission on Civil Rights, (RIN1004–AE03) received on August 27, 2008; mitting, pursuant to law, a report relative to transmitting, pursuant to law, a report rel- to the Committee on Energy and Natural Re- the Future Years Defense Program (FYDP); ative to the Commission’s recent appoint- sources. to the Committee on Armed Services. ment of members to the Arkansas Advisory EC–7558. A communication from the Direc- EC–7535. A communication from the Prin- Committee; to the Committee on the Judici- tor, Regulatory Management Division, Envi- cipal Deputy, Office of the Under Secretary ary. ronmental Protection Agency, transmitting,

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.070 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8375 pursuant to law, the report of a rule entitled By Mr. LIEBERMAN, from the Committee [Treaty Doc. 109–14 Extradition Agreement ‘‘Approval and Promulgation of Air Quality on Homeland Security and Governmental Af- with the European Union] Implementation Plans; Delaware; Electric fairs, without amendment: [Treaty Doc. 109–15 Extradition Treaty with Generating Unit Multi-Pollutant Regula- Latvia] tion’’ (FRL No. 8708–6) received on August 25, S. 3328. A bill to amend the Homeland Se- [Treaty Doc. 109–16 Extradition Treaty with 2008; to the Committee on Environment and curity Act of 2002 to provide for a one-year Estonia] Public Works. extension of other transaction authority [Treaty Doc. 109–17 Extradition Treaty with EC–7559. A communication from the Direc- (Rept. No. 110–454). Malta] tor, Regulatory Management Division, Envi- [Treaty Doc. 110–11 Extradition Treaty with By Mr. LIEBERMAN, from the Committee ronmental Protection Agency, transmitting, Romania and Protocol to the Treaty on on Homeland Security and Governmental Af- pursuant to law, the report of a rule entitled Mutual Legal Assistance in Criminal Mat- ‘‘Approval and Promulgation of Air Quality fairs, with an amendment in the nature of a ters with Romania] Implementation Plans; Pennsylvania; Deter- substitute: [Treaty Doc. 110–12 Extradition Treaty with mination of Attainment of Fine Particle H.R. 3068. A bill to prohibit the award of Bulgaria and an Agreement on Certain As- Standard’’ (FRL No. 8707–3) received on Au- pects of Mutual Legal Assistance in Crimi- contracts to provide guard services under the gust 25, 2008; to the Committee on Environ- nal Matters with Bulgaria] contract security guard program of the Fed- ment and Public Works. [Treaty Doc. 109–13 Mutual Legal Assist- eral Protective Service to a business concern EC–7560. A communication from the Direc- ance Agreement with the European Union] that is owned, controlled, or operated by an tor, Regulatory Management Division, Envi- [Treaty Doc. 107–12 Treaty with Sweden on individual who has been convicted of a felony ronmental Protection Agency, transmitting, Mutual Legal Assistance in Criminal Mat- pursuant to law, the report of a rule entitled (Rept. No. 110–455). ters] ‘‘Approval and Promulgation of Implementa- By Mr. LIEBERMAN, from the Committee [Treaty Doc. 109–22 Treaty with Malaysia tion Plans and Operating Permits Program; on Mutual Legal Assistance] State of Iowa’’ (FRL No. 8707–7) received on on Homeland Security and Governmental Af- fairs, with amendments: [Treaty Doc. 105–1B Incendiary Weapons August 25, 2008; to the Committee on Envi- Protocol] ronment and Public Works. S. 3013. A bill to provide for retirement eq- [Treaty Doc. 105–1C Treaty Short Title: EC–7561. A communication from the Direc- uity for Federal employees in nonforeign Protocol on Blinding Laser Weapons] tor, Regulatory Management Division, Envi- areas outside the 48 contiguous States and [Treaty Doc. 109–10B Amendment to Article ronmental Protection Agency, transmitting, the District of Columbia, and for other pur- 1 of the Convention on Prohibitions or Re- pursuant to law, the report of a rule entitled poses (Rept. No. 110–456). strictions on Use of Certain Conventional ‘‘Cyprodinil; Pesticide Tolerances’’ (FRL No. Weapons Which May be Deemed to be Ex- 8377–8) received on August 25, 2008; to the By Mr. INOUYE, from the Committee on cessively Injurious or to have Indiscrimi- Committee on Environment and Public Commerce, Science, and Transportation, nate Effects] Works. with amendments: [Treaty Doc. 109–10C CCW Protocol on EC–7562. A communication from the Assist- Explosive Remnants of War] S. 2997. A bill to reauthorize the Maritime ant Secretary for Fish and Wildlife and [Treaty Doc. 107–17 Partial Revision (1992) Parks, Department of the Interior, transmit- Administration, and for other purposes of Radio Regulations (Geneva 1979)] ting, pursuant to law, the report of a rule en- (Rept. No. 110–457). [Treaty Doc. 108–28 1995 Revision of Radio titled ‘‘2008–2009 Refuge-Specific Hunting and Regulations] Sport Fishing Regulations (Additions)’’ By Mr. LEAHY, from the Committee on the Judiciary, without amendment: [Treaty Doc. 110–1 Land-Based Sources (RIN1018–AV20) received on August 27 2008; to Protocol to Cartagena Convention] the Committee on Environment and Public S. 3296. A bill to extend the authority of [Treaty Doc. 110–4 International Conven- Works. the United States Supreme Court Police to tion for Suppression of Acts of Nuclear EC–7563. A communication from the Assist- protect court officials off the Supreme Court Terrorism] ant Secretary for Fish and Wildlife and Grounds and change the title of the Adminis- [Treaty Doc. 110–5 1996 Protocol to Conven- Parks, Department of the Interior, transmit- trative Assistant to the Chief Justice. tion on Prevention of Marine Pollution by ting, the report of the draft of a bill, ‘‘To Dumping of Wastes] amend the Elwha River Ecosystem and Fish- f [Treaty Doc. 110–13 International Conven- eries Restoration Act to provide certain au- tion on Control of Harmful Anti-Fouling thorities for dam removal and mitigation ac- Systems on Ships, 2001] tivities, and for other purposes’’; to the Com- EXECUTIVE REPORTS OF [Treaty Doc. 110–15 Protocol Amending 1980 mittee on Environment and Public Works. COMMITTEES Tax Convention with ] f The following executive reports of [Treaty Doc. 110–17 Tax Convention with REPORTS OF COMMITTEES Iceland] nominations were submitted: [Treaty Doc. 110–18 Tax Convention with The following reports of committees By Mr. LEAHY for the Committee on the Bulgaria with Proposed Protocol of were submitted: Judiciary. Amendment] The text of the committee-recommended By Mr. LIEBERMAN, from the Committee J. Patrick Rowan, of Maryland, to be an resolutions of advice and consent to ratifica- on Homeland Security and Governmental Af- Assistant Attorney General. tion are as follows: fairs, without amendment: Jeffrey Leigh Sedgwick, of Massachusetts, AGREEMENT ON EXTRADITION BETWEEN THE S. 381. A bill to establish a fact-finding to be an Assistant Attorney General. UNITED STATES OF AMERICA AND THE EURO- Commission to extend the study of a prior William B. Carr, Jr., of Pennsylvania, to be PEAN UNION Commission to investigate and determine Resolved (two-thirds of the Senators present facts and circumstances surrounding the re- a Member of the United States Sentencing Commission for a term expiring October 31, concurring therein), location, internment, and deportation to Section 1. Senate Advice and Consent Sub- Axis countries of Latin Americans of Japa- 2011. ject to a Declaration and a Condition. nese descent from December 1941 through (Nominations without an asterisk were re- The Senate advises and consents to the February 1948, and the impact of those ac- ratification of the Agreement on Extradition ported with the recommendation that they be tions by the United States, and to rec- between the United States of America and confirmed.) ommend appropriate remedies, and for other the European Union, signed at Washington purposes (Rept. No. 110–452). on June 25, 2003, with a related Explanatory By Mr. LIEBERMAN, from the Committee f Note (Treaty Doc. 109–14), subject to the dec- on Homeland Security and Governmental Af- laration of section 2 and the condition of sec- fairs, with an amendment in the nature of a EXECUTIVE REPORTS OF tion 3. substitute: Section 2. Declaration. COMMITTEE The advice and consent of the Senate S. 2382. A bill to require the Administrator under section 1 is subject to the following of the Federal Emergency Management The following executive reports of declaration: Agency to quickly and fairly address the committee were submitted on Sep- This Treaty is self-executing. abundance of surplus manufactured housing tember 11, 2008: Section 3. Condition. units stored by the Federal Government The advice and consent of the Senate around the country at taxpayer expense By Mr. DODD, from the Committee on For- under section 1 is subject to the following (Rept. No. 110–453). eign Relations: condition:

VerDate Aug 31 2005 05:46 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.073 S11SEPT1 smartinez on PROD1PC64 with SENATE S8376 CONGRESSIONAL RECORD — SENATE September 11, 2008 Report on Provisional Arrests. No later templated by Article 3 (2) of the Agreement United States of America and the European than February 1, 2010, and every February 1 on Extradition between the United States of Union signed June 25, 2003, as to the applica- for an additional four years thereafter, the America and the European Union signed tion of the Extradition Treaty between Attorney General, in coordination with the June 25, 2003, as to the application of the Ex- United States of America and France signed Secretary of State, shall prepare and submit tradition Treaty between the Government of April 23, 1996, signed at The Hague on Sep- a report to the Committee on Foreign Rela- the United States of America and the Gov- tember 30, 2004 (Treaty Doc. 109–14), subject tions and the Committee on the Judiciary of ernment of the Republic of Cyprus signed to the declaration of section 2. the Senate that contains the following infor- June 17, 1996, signed at Nicosia on January Section 2. Declaration. mation: 20, 2006 (Treaty Doc. 109–14), subject to the The advice and consent of the Senate (1) The number of provisional arrests made declaration of section 2. under section 1 is subject to the following by the United States during the previous cal- Section 2. Declaration. declaration: endar year under each bilateral extradition The advice and consent of the Senate This Treaty is self-executing. treaty with a Member State of the European under section 1 is subject to the following SECOND SUPPLEMENTARY TREATY ON EXTRA- Union, and a summary description of the al- declaration: DITION BETWEEN THE UNITED STATES OF leged conduct for which provisional arrest This Treaty is self-executing. AMERICA AND THE FEDERAL REPUBLIC OF was sought; SECOND SUPPLEMENTARY TREATY ON EXTRA- GERMANY (2) The number of individuals who were DITION BETWEEN THE UNITED STATES OF Resolved (two-thirds of the Senators present provisionally arrested by the United States AMERICA AND THE CZECH REPUBLIC concurring therein), under each such treaty who were still in cus- Resolved (two-thirds of the Senators present Section 1. Senate Advice and Consent Sub- tody at the end of the previous calendar concurring therein), ject to a Declaration. year, and a summary description of the al- Section 1. Senate Advice and Consent Sub- The Senate advises and consents to the leged conduct for which provisional arrest ject to a Declaration. ratification of the Second Supplementary was sought; The Senate advises and consents to the Treaty to the Treaty between the United (3) The length of time between each provi- ratification of the Second Supplementary States of America and the Federal Republic sional arrest listed under paragraph (1) and Treaty on Extradition between the United of Germany Concerning Extradition, signed the receipt by the United States of a formal States of America and the Czech Republic, at Washington on April 18, 2006 (Treaty Doc. request for extradition; and signed at on May 16, 2006 (Treaty 109–14), subject to the declaration of section (4) The length of time that each individual Doc. 109–14), subject to the declaration of 2. listed under paragraph (1) was held by the section 2. Section 2. Declaration. United States or an indication that they are Section 2. Declaration. The advice and consent of the Senate still in custody if that is the case. The advice and consent of the Senate under section 1 is subject to the following PROTOCOL TO THE EXTRADITION TREATY BE- under section 1 is subject to the following declaration: This Treaty is self-executing. TWEEN THE UNITED STATES OF AMERICA AND declaration: THE REPUBLIC OF AUSTRIA This Treaty is self-executing. PROTOCOL TO THE TREATY ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA Resolved (two-thirds of the Senators present EXTRADITION INSTRUMENT BETWEEN THE AND THE HELLENIC REPUBLIC concurring therein), UNITED STATES OF AMERICA AND THE KING- Section 1. Senate Advice and Consent Sub- DOM OF DENMARK Resolved (two-thirds of the Senators present concurring therein), ject to a Declaration. Resolved (two-thirds of the Senators present Section 1. Senate Advice and Consent Sub- The Senate advises and consents to the concurring therein), ject to a Declaration. ratification of the Protocol to the Extra- Section 1. Senate Advice and Consent Sub- dition Treaty between the Government of The Senate advises and consents to the ject to a Declaration. ratification of the Protocol to the Treaty on the United States of America and the Gov- The Senate advises and consents to the Extradition between the United States of ernment of the Republic of Austria signed ratification of the Instrument as con- America and the Hellenic Republic, signed January 8, 1998, as contemplated by Article 3 templated by Article 3 (2) of the Agreement May 6, 1931, and the Protocol thereto signed (2) of the Agreement on Extradition between on Extradition between the United States of September 2, 1937, as contemplated by Arti- the United States of America and the Euro- America and the European Union signed cle 3 (2) of the Agreement on Extradition be- pean Union signed June 25, 2003, signed at Vi- June 25, 2003, as to the application of the tween the United States of America and the enna on July 20, 2005 (Treaty Doc. 109–14), Treaty on Extradition between the United European Union, signed June 25, 2003, signed subject to the declaration of section 2. States of America and the Kingdom of Den- at Washington on January 18, 2006 (Treaty Section 2. Declaration. mark signed June 22, 1972, signed at Copen- Doc. 109–14), subject to the declaration of The advice and consent of the Senate hagen on June 23, 2005 (Treaty Doc. 109–14), under section 1 is subject to the following section 2. subject to the declaration of section 2. Section 2. Declaration. declaration: Section 2. Declaration. This Treaty is self-executing. The advice and consent of the Senate The advice and consent of the Senate under section 1 is subject to the following EXTRADITION INSTRUMENT BETWEEN THE under section 1 is subject to the following declaration: UNITED STATES OF AMERICA AND THE KING- declaration: This Treaty is self-executing. DOM OF BELGIUM This Treaty is self-executing. PROTOCOL TO THE TREATY ON EXTRADITION Resolved (two-thirds of the Senators present PROTOCOL TO THE EXTRADITION TREATY BE- BETWEEN THE UNITED STATES OF AMERICA concurring therein), TWEEN THE UNITED STATES OF AMERICA AND AND THE REPUBLIC OF THE REPUBLIC OF FINLAND Section 1. Senate Advice and Consent Sub- Resolved (two-thirds of the Senators present ject to a Declaration. Resolved (two-thirds of the Senators present concurring therein), The Senate advises and consents to the concurring therein), Section 1. Senate Advice and Consent Sub- ratification of the Instrument as con- Section 1. Senate Advice and Consent Sub- ject to a Declaration. templated by Article 3 (2) of the Agreement ject to a Declaration. The Senate advises and consents to the on Extradition between the United States of The Senate advises and consents to the ratification of the Protocol to the Treaty be- America and the European Union signed ratification of the Protocol to the Extra- tween the Government of the United States June 25, 2003, as to the application of the Ex- dition Treaty between the United States of of America and the Government of the Re- tradition Treaty between the United States America and Finland signed June 11, 1976, public of Hungary on Extradition signed De- of America and the Kingdom of Belgium signed at on December 16, 2004 cember 1, 1994, as contemplated by Article 3 signed April 27, 1987, signed at Brussels on (Treaty Doc. 109–14), subject to the declara- (2) of the Agreement on Extradition between December 16, 2004 (Treaty Doc. 109–14), sub- tion of section 2. the United States of America and the Euro- ject to the declaration of section 2. Section 2. Declaration. pean Union, signed June 25, 2003, signed at Section 2. Declaration. The advice and consent of the Senate on November 15, 2005 (Treaty Doc. The advice and consent of the Senate under section 1 is subject to the following 109–14), subject to the declaration of section under section 1 is subject to the following declaration: 2. declaration: This Treaty is self-executing. Section 2. Declaration. This Treaty is self-executing. EXTRADITION INSTRUMENT BETWEEN THE The advice and consent of the Senate EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND FRANCE under section 1 is subject to the following UNITED STATES OF AMERICA AND THE RE- Resolved (two-thirds of the Senators present declaration: PUBLIC OF CYPRUS concurring therein), This Treaty is self-executing. Resolved (two-thirds of the Senators present Section 1. Senate Advice and Consent Sub- EXTRADITION INSTRUMENT BETWEEN THE concurring therein), ject to a Declaration. UNITED STATES OF AMERICA AND IRELAND Section 1. Senate Advice and Consent Sub- The Senate advises and consents to the Resolved (two-thirds of the Senators present ject to a Declaration. ratification of the Instrument as con- concurring therein), The Senate advises and consents to the templated by Article 3, paragraph 2, of the Section 1. Senate Advice and Consent Sub- ratification of the Instrument as con- Agreement on Extradition between the ject to a Declaration.

VerDate Aug 31 2005 05:46 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8377 The Senate advises and consents to the This Treaty is self-executing. The Senate advises and consents to the ratification of the Instrument as con- EXTRADITION INSTRUMENT BETWEEN THE ratification of the Instrument as con- templated by Article 3 (2) of the Agreement UNITED STATES OF AMERICA AND THE KING- templated by Article 3, paragraph 2 (a) of the on Extradition between the United States of DOM OF SPAIN Agreement on Extradition between the America and the European Union signed Resolved (two-thirds of the Senators present United States of America and the European June 25, 2003, as to the application of the concurring therein), Union signed June 25, 2003, as to the applica- Treaty on Extradition between the United Section 1. Senate Advice and Consent Sub- tion of the Extradition Treaty between the States of America and Ireland signed July 13, ject to a Declaration. Government of the United states of America 1983, signed at Dublin on July 14, 2005 (Trea- The Senate advises and consents to the and the Government of the Grand Duchy of ty Doc. 109–14), subject to the declaration of ratification of the Instrument as con- Luxembourg signed October 1, 1996, signed at section 2. templated by Article 3 (2) of the Agreement Washington on February 1, 2005 (Treaty Doc. Section 2. Declaration. on Extradition between the United States of 109–14), subject to the declaration of section The advice and consent of the Senate America and the European Union signed 2. under section 1 is subject to the following June 25, 2003, as to the application of the Section 2. Declaration. declaration: Treaty on Extradition between the United The advice and consent of the Senate This Treaty is self-executing. States of America and Spain signed May 29, under section 1 is subject to the following EXTRADITION INSTRUMENT BETWEEN THE 1970, and the Supplementary Treaties on Ex- declaration: UNITED STATES OF AMERICA AND THE tradition signed January 25, 1975, February 9, This Treaty is self-executing. ITALIAN REPUBLIC 1988 and March 12, 1996, signed at Madrid on EXTRADITION AGREEMENT BETWEEN THE Resolved (two-thirds of the Senators present December 17, 2004 (Treaty Doc. 109–14), sub- UNITED STATES OF AMERICA AND THE KING- concurring therein), ject to the declaration of section 2. DOM OF THE NETHERLANDS Section 1. Senate Advice and Consent Sub- Section 2. Declaration. Resolved (two-thirds of the Senators present ject to a Declaration. The advice and consent of the Senate concurring therein), The Senate advises and consents to the under section 1 is subject to the following Section 1. Senate Advice and Consent Sub- ratification of the Instrument as con- declaration: ject to a Declaration. templated by Article 3 (2) of the Agreement This Treaty is self-executing. The Senate advises and consents to the on Extradition between the United States of EXTRADITION INSTRUMENT BETWEEN THE ratification of the Agreement comprising the America and the European Union signed UNITED STATES OF AMERICA AND KINGDOM Instrument as contemplated by Article 3 (2) June 25, 2003, as to the application of the Ex- OF SWEDEN of the Agreement on Extradition between tradition Treaty between the Government of Resolved (two-thirds of the Senators present the United States of America and the Euro- the United States of America and the Gov- pean Union signed at Washington on June 25, ernment of the Italian Republic signed Octo- concurring therein), Section 1. Senate Advice and Consent Sub- 2003, as to the application of the Extradition ber 13, 1983, signed at on May 3, 2006 ject to a Declaration. Treaty between the United States of Amer- (Treaty Doc. 109–14), subject to the declara- The Senate advises and consents to the ica and the Kingdom of the Netherlands tion of section 2. ratification of the Instrument as con- signed at The Hague on June 24, 1980, signed Section 2. Declaration. at The Hague on September 29, 2004, with a The advice and consent of the Senate templated by Article 3 (2) of the Agreement related exchange of notes signed the same under section 1 is subject to the following on Extradition between the United States of date (Treaty Doc. 109–14), subject to the dec- declaration: America and the European Union signed laration of section 2. This Treaty is self-executing. June 25, 2003, as to the application of the Convention on Extradition between the Section 2. Declaration. EXTRADITION INSTRUMENT BETWEEN THE United States of America and Sweden signed The advice and consent of the Senate UNITED STATES OF AMERICA AND THE SLO- October 24, 1961 and the Supplementary Con- under section 1 is subject to the following VAK REPUBLIC vention on Extradition between the United declaration: Resolved (two-thirds of the Senators present States of America and the Kingdom of Swe- This Treaty is self-executing. concurring therein), den signed March 14, 1983, signed at Brussels EXTRADITION AGREEMENT BETWEEN THE Section 1. Senate Advice and Consent Sub- on December 16, 2004 (Treaty Doc. 109–14), UNITED STATES OF AMERICA AND THE RE- ject to a Declaration. subject to the declaration of section 2. PUBLIC OF POLAND The Senate advises and consents to the Section 2. Declaration. ratification of the Instrument on Extra- Resolved (two-thirds of the Senators present The advice and consent of the Senate concurring therein), dition between the United States of America under section 1 is subject to the following and the Slovak Republic, as contemplated by Section 1. Senate Advice and Consent Sub- declaration: ject to a Declaration. Article 3 (2) of the Agreement on Extradition This Treaty is self-executing. between the United States of America and The Senate advises and consents to the EXTRADITION INSTRUMENT BETWEEN THE the European Union signed June 25, 2003, ratification of the Agreement between the UNITED STATES OF AMERICA AND THE signed at Bratislava on February 6, 2006 United states of America and the Republic of OF GREAT BRITAIN AND (Treaty Doc. 109–14), subject to the declara- Poland on the application of the Extradition NORTHERN IRELAND tion of section 2. Treaty between the United States of Amer- Section 2. Declaration. Resolved (two-thirds of the Senators present ica and the Republic of Poland signed July The advice and consent of the Senate concurring therein), 10, 1996, pursuant to Article 3(2) of the Agree- under section 1 is subject to the following Section 1. Senate Advice and Consent Sub- ment on Extradition between the United declaration: ject to a Declaration. States of America and the European Union This Treaty is self-executing. The Senate advises and consents to the signed at Washington June 25, 2003, signed at Warsaw on June 9, 2006 (Treaty Doc. 109–14), EXTRADITION AGREEMENT BETWEEN THE ratification of the Instrument as con- subject to the declaration of section 2. UNITED STATES OF AMERICA AND THE RE- templated by Article 3 (2) of the Agreement Section 2. Declaration. PUBLIC OF SLOVENIA on Extradition between the United States of America and the European Union signed The advice and consent of the Senate Resolved (two-thirds of the Senators present June 25, 2003, as to the application of the Ex- under section 1 is subject to the following concurring therein), tradition Treaty between the Government of declaration: Section 1. Senate Advice and Consent Sub- the United States and the Government of the This Treaty is self-executing. ject to a Declaration. United Kingdom of Great Britain and North- The Senate advises and consents to the EXTRADITION INSTRUMENT BETWEEN THE ern Ireland signed March 31, 2003, signed at ratification of the Agreement between the UNITED STATES OF AMERICA AND THE POR- London on December 16, 2004, with a related Government of the United States of America TUGUESE REPUBLIC exchange of notes signed the same date and the Government of the Republic of Slo- Resolved (two-thirds of the Senators present (Treaty Doc. 109–14), subject to the declara- venia comprising the Instrument as con- concurring therein), tion of section 2. templated by Article 3 (2) of the Agreement Section 1. Senate Advice and Consent Sub- Section 2. Declaration. on Extradition between the United States of ject to a Declaration. The advice and consent of the Senate America and the European Union signed The Senate advises and consents to the under section 1 is subject to the following June 25, 2003, as to the Application of the ratification of the Instrument between the declaration: Treaty on Extradition between the United United States of America and the Por- This Treaty is self-executing. States and the Kingdom of Serbia, signed Oc- tuguese Republic as contemplated by Article tober 25, 1901, signed at Ljubljana on October EXTRADITION INSTRUMENT BETWEEN THE 3 (2) of the Agreement on Extradition be- 17, 2005 (Treaty Doc. 109–14), subject to the UNITED STATES OF AMERICA AND THE GRAND tween the United States of America and the declaration of section 2. DUCHY OF LUXEMBOURG European Union signed June 25, 2003, signed Section 2. Declaration. Resolved (two-thirds of the Senators present at Washington on July 14, 2005 (Treaty Doc. The advice and consent of the Senate concurring therein), 109–14), subject to the declaration of section under section 1 is subject to the following Section 1. Senate Advice and Consent Sub- 2. declaration: ject to a Declaration. Section 2. Declaration.

VerDate Aug 31 2005 04:25 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.024 S11SEPT1 smartinez on PROD1PC64 with SENATE S8378 CONGRESSIONAL RECORD — SENATE September 11, 2008 The advice and consent of the Senate Section 1. Senate Advice and Consent Sub- Section 2. Declaration. under section 1 is subject to the following ject to a Declaration. The advice and consent of the Senate declaration: The Senate advises and consents to the under section 1 is subject to the following This Treaty is self-executing. ratification of the Extradition Treaty be- declaration: EXTRADITION TREATY BETWEEN THE UNITED tween the United States of America and Ro- This Treaty is self-executing. STATES OF AMERICA AND THE REPUBLIC OF mania, signed at Bucharest on September 10, MUTUAL LEGAL ASSISTANCE PROTOCOL BE- LATVIA 2007 (Treaty Doc. 110–11), subject to the dec- TWEEN THE UNITED STATES OF AMERICA AND Resolved (two-thirds of the Senators present laration of section 2. THE REPUBLIC OF AUSTRIA Section 2. Declaration. concurring therein), Resolved (two-thirds of the Senators present The advice and consent of the Senate Section 1. Senate Advice and Consent Sub- concurring therein), under section 1 is subject to the following ject to a Declaration. Section 1. Senate Advice and Consent Sub- declaration: The Senate advises and consents to the ject to a Declaration. This Treaty is self-executing. ratification of the Extradition Treaty be- The Senate advises and consents to the tween the Government of the United States PROTOCOL TO THE TREATY ON MUTUAL LEGAL ratification of the Protocol to the Treaty be- of America and the Government of the Re- ASSISTANCE BETWEEN THE UNITED STATES tween the Government of the United States public of Latvia, signed at Riga on December OF AMERICA AND ROMANIA of America and the Government of the Re- 7, 2005 (Treaty Doc. 109–15), subject to the Resolved (two-thirds of the Senators present public of Austria on Mutual Legal Assistance declaration of section 2. concurring therein), Matters signed February 23, 1995, as con- Section 2. Declaration. Section 1. Senate Advice and Consent Sub- templated by Article 3(2) of the Agreement The advice and consent of the Senate ject to a Declaration. on Mutual Legal Assistance between the under section 1 is subject to the following The Senate advises and consents to the United States of America and the European declaration: ratification of the Protocol to the Treaty be- Union signed June 25, 2003, signed at This Treaty is self-executing. tween the United States of America and Ro- on July 20, 2005 (Treaty Doc. 109–13), subject PROTOCOL TO THE EXTRADITION TREATY BE- mania on Mutual Legal Assistance in Crimi- to the declaration of section 2. TWEEN THE UNITED STATES OF AMERICA AND nal Matters signed in Washington on May 26, Section 2. Declaration. THE REPUBLIC OF LITHUANIA 1999, signed at Bucharest on September 10, The advice and consent of the Senate Resolved (two-thirds of the Senators present 2007 (Treaty Doc. 110–11), subject to the dec- under section 1 is subject to the following concurring therein), laration of section 2. declaration: Section 1. Senate Advice and Consent Sub- Section 2. Declaration. This Treaty is self-executing. The advice and consent of the Senate ject to a Declaration. MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- under section 1 is subject to the following The Senate advises and consents to the TWEEN THE UNITED STATES OF AMERICA AND declaration: ratification of the Protocol on the applica- THE KINGDOM OF BELGIUM tion of the Agreement on Extradition be- This Treaty is self-executing. Resolved (two-thirds of the Senators present tween the United States of America and the EXTRADITION TREATY BETWEEN THE UNITED concurring therein), European Union to the Extradition Treaty STATES OF AMERICA AND THE REPUBLIC OF Section 1. Senate Advice and Consent Sub- between the Government of the United BULGARIA ject to a Declaration. States of America and the Government of Resolved (two-thirds of the Senators present The Senate advises and consents to the the Republic of Lithuania, signed at Brussels concurring therein), ratification of the Instrument as con- on June 15, 2005 (Treaty Doc. 109–14), subject Section 1. Senate Advice and Consent Sub- templated by Article 3(2) of the Agreement to the declaration of section 2. ject to a Declaration. on Mutual Legal Assistance between the Section 2. Declaration. The Senate advises and consents to the United States of America and the European The advice and consent of the Senate ratification of the Extradition Treaty be- Union signed June 25, 2003, as to the applica- under section 1 is subject to the following tween the Government of the United States tion of the Treaty between the United States declaration: of America and the Government of the Re- of America and the Kingdom of Belgium on This Treaty is self-executing. public of Bulgaria, signed at Sofia on Sep- Mutual Legal Assistance in Criminal Mat- EXTRADITION TREATY BETWEEN THE UNITED tember 19, 2007 (Treaty Doc. 110–12), subject ters signed January 28, 1988, signed at Brus- STATES OF AMERICA AND THE REPUBLIC OF to the declaration of section 2. sels on December 16, 2004 (Treaty Doc. 109– ESTONIA Section 2. Declaration. 13), subject to the declaration of section 2. Resolved (two-thirds of the Senators present The advice and consent of the Senate under section 1 is subject to the following Section 2. Declaration. concurring therein), The advice and consent of the Senate Section 1. Senate Advice and Consent Sub- declaration: This Treaty is self-executing. under section 1 is subject to the following ject to a Declaration. declaration: AGREEMENT ON CERTAIN ASPECTS OF MUTUAL The Senate advises and consents to the This Treaty is self-executing. ratification of the Extradition Treaty be- LEGAL ASSISTANCE IN CRIMINAL MATTERS tween the Government of the United States BETWEEN THE UNITED STATES OF AMERICA MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- of America and the Government of the Re- AND THE REPUBLIC OF BULGARIA TWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF CYPRUS public of Estonia, signed at Tallinn on Feb- Resolved (two-thirds of the Senators present ruary 8, 2006 (Treaty Doc. 109–16), subject to concurring therein), Resolved (two-thirds of the Senators present the declaration of section 2. Section 1. Senate Advice and Consent Sub- concurring therein), Section 2. Declaration. ject to a Declaration. Section 1. Senate Advice and Consent Sub- The advice and consent of the Senate The Senate advises and consents to the ject to a Declaration. under section 1 is subject to the following ratification of the Agreement on Certain As- The Senate advises and consents to the declaration: pects of Mutual Legal Assistance in Criminal ratification of the Instrument as con- This Treaty is self-executing. Matters between the Government of the templated by Article 3(2) of the Agreement EXTRADITION TREATY BETWEEN THE UNITED United States of America and the Govern- on Mutual Legal Assistance between the STATES OF AMERICA AND MALTA ment of the Republic of Bulgaria, signed at United States of America and the European Resolved (two-thirds of the Senators present Sofia on September 19, 2007 (Treaty Doc. 110– Union signed June 25, 2003, as to the applica- concurring therein), 12), subject to the declaration of section 2. tion of the Treaty between the Government Section 1. Senate Advice and Consent Sub- Section 2. Declaration. of the United States of America and the Gov- ject to a Declaration. The advice and consent of the Senate ernment of the Republic of Cyprus on Mutual The Senate advises and consents to the under section 1 is subject to the following Legal Assistance in Criminal Matters signed ratification of the Extradition Treaty be- declaration: December 20, 1999, signed at Nicosia on Janu- tween the Government of the United States This Treaty is self-executing. ary 20, 2006 (Treaty Doc. 109–13), subject to of America and the Government of Malta, AGREEMENT ON MUTUAL LEGAL ASSISTANCE the declaration of section 2. signed at on May 18, 2006, with a re- BETWEEN THE UNITED STATES OF AMERICA Section 2. Declaration. lated exchange of letters signed the same AND THE EUROPEAN UNION The advice and consent of the Senate under section 1 is subject to the following date (Treaty Doc. 109–17), subject to the dec- Resolved (two-thirds of the Senators present declaration: laration of section 2. concurring therein), This Treaty is self-executing. Section 2. Declaration. Section 1. Senate Advice and Consent Sub- The advice and consent of the Senate ject to a Declaration. SUPPLEMENTARY TREATY ON MUTUAL LEGAL under section 1 is subject to the following The Senate advises and consents to the ASSISTANCE IN CRIMINAL MATTERS BETWEEN declaration: ratification of the Agreement on Mutual THE UNITED STATES OF AMERICA AND THE This Treaty is self-executing. Legal Assistance between the United States CZECH REPUBLIC EXTRADITION TREATY BETWEEN THE UNITED of America and the European Union, signed Resolved (two-thirds of the Senators present STATES OF AMERICA AND ROMANIA at Washington on June 25, 2003, with a re- concurring therein), Resolved (two-thirds of the Senators present lated Explanatory Note (Treaty Doc. 109–13), Section 1. Senate Advice and Consent Sub- concurring therein), subject to the declaration of section 2. ject to a Declaration.

VerDate Aug 31 2005 04:25 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.056 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8379 The Senate advises and consents to the templated by Article 3, paragraph 2, of the This Treaty is self-executing. ratification of the Supplementary Treaty on Agreement on Mutual Legal Assistance be- MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- Mutual Legal Assistance in Criminal Mat- tween the United States of America and the TWEEN THE UNITED STATES OF AMERICA AND ters between the United States of America European Union signed June 25, 2003, as to IRELAND and the Czech Republic, signed at Prague on the application of the Treaty on Mutual Resolved (two-thirds of the Senators present May 16, 2006 (Treaty Doc. 109–13), subject to Legal Assistance in Criminal Matters be- concurring therein), the declaration of section 2. tween the United States of America and Section 1. Senate Advice and Consent Sub- Section 2. Declaration. France signed December 10, 1998, signed at ject to a Declaration. The advice and consent of the Senate The Hague on September 30, 2004 (Treaty The Senate advises and consents to the under section 1 is subject to the following Doc. 109–13), subject to the declaration of ratification of the Instrument as con- declaration: section 2. templated by Article 3(2) of the Agreement This Treaty is self-executing. Section 2. Declaration. on Mutual Legal Assistance between the MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- The advice and consent of the Senate United States of America and the European TWEEN THE UNITED STATES OF AMERICA AND under section 1 is subject to the following Union signed June 25, 2003, as to the applica- THE KINGDOM OF DENMARK declaration: tion of the Treaty between the Government Resolved (two-thirds of the Senators present This Treaty is self-executing. of the United States of America and the Gov- concurring therein), SUPPLEMENTARY TREATY ON MUTUAL LEGAL ernment of Ireland on Mutual Legal Assist- Section 1. Senate Advice and Consent Sub- ASSISTANCE BETWEEN THE UNITED STATES ance in Criminal Matters signed January 18, ject to a Declaration. OF AMERICA AND THE FEDERAL REPUBLIC OF 2001, signed at Dublin on July 14, 2005 (Trea- The Senate advises and consents to the GERMANY ty Doc. 109–13), subject to the declaration of ratification of the Instrument between the section 2. Resolved (two-thirds of the Senators present Section 2. Declaration. Kingdom of Denmark and the United States concurring therein), of America as contemplated by Article 3(3) of The advice and consent of the Senate Section 1. Senate Advice and Consent Sub- under section 1 is subject to the following the Agreement on Mutual Legal Assistance ject to a Declaration. between the United States of America and declaration: The Senate advises and consents to the This Treaty is self-executing. the European Union signed June 25, 2003, ratification of the Supplementary Treaty to MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- signed at Copenhagen on June 23, 2005 (Trea- the Treaty between the United States of ty Doc. 109–13), subject to the declaration of TWEEN THE UNITED STATES OF AMERICA AND America and the Federal Republic of Ger- THE ITALIAN REPUBLIC section 2. many on Mutual Legal Assistance in Crimi- Resolved (two-thirds of the Senators present Section 2. Declaration. nal Matters, signed at Washington on April The advice and consent of the Senate concurring therein), 18, 2006 (Treaty Doc. 109–13), subject to the under section 1 is subject to the following Section 1. Senate Advice and Consent Sub- declaration of section 2. declaration: ject to a Declaration. Section 2. Declaration. This Treaty is self-executing. The Senate advises and consents to the The advice and consent of the Senate ratification of the Instrument as con- MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- under section is subject to the following dec- templated by Article 3(2) of the Agreement TWEEN THE UNITED STATES OF AMERICA AND laration: on Mutual Legal Assistance between the THE REPUBLIC OF ESTONIA This Treaty is self-executing. United States of America and the European Resolved (two-thirds of the Senators present PROTOCOL ON MUTUAL LEGAL ASSISTANCE BE- Union signed June 25, 2003, as to the applica- concurring therein), TWEEN THE UNITED STATES OF AMERICA AND tion of the Treaty between the United States Section 1. Senate Advice and Consent Sub- THE HELLENIC REPUBLIC of America and the Italian Republic on Mu- ject to a Declaration. tual Assistance in Criminal Matters signed The Senate advises and consents to the Resolved (two-thirds of the Senators present November 9, 1982, signed at Rome on May 3, ratification of the Instrument as con- concurring therein), 2006 (Treaty Doc. 109–13), subject to the dec- templated by Article 3(2) of the Agreement Section 1. Senate Advice and Consent Sub- ject to a Declaration. laration of section 2. on Mutual Legal Assistance between the Section 2. Declaration. United States of America and the European The Senate advises and consents to the ratification of the Protocol to the Treaty be- The advice and consent of the Senate Union signed June 25, 2003, as to the applica- under section 1 is subject to the following tion of the Treaty between the Government tween the Government of the United States of America and the Government of the Hel- declaration: of the United States of America and the Gov- This Treaty is self-executing. ernment of the Republic of Estonia on Mu- lenic Republic on Mutual Legal Assistance in MUTUAL LEGAL ASSISTANCE PROTOCOL BE- tual Legal Assistance in Criminal Matters Criminal Matters, signed May 26, 1999, as TWEEN THE UNITED STATES OF AMERICA AND signed April 2, 1998, signed at Tallinn on Feb- contemplated by Article 3(2) of the Agree- THE REPUBLIC OF LATVIA ruary 8, 2006 (Treaty Doc. 109–13), subject to ment on Mutual Legal Assistance between Resolved (two-thirds of the Senators present the declaration of section 2. the United States of America and the Euro- Section 2. Declaration. pean Union, signed June 25, 2003, signed at concurring therein), Section 1. Senate Advice and Consent Sub- The advice and consent of the Senate Washington on January 18, 2006 (Treaty Doc. ject to a Declaration. under section 1 is subject to the following 109–13), subject to the declaration of section The Senate advises and consents to the declaration: 2. ratification of the Protocol to the Treaty be- This Treaty is self-executing. Section 2. Declaration. tween the Government of the United States MUTUAL LEGAL ASSISTANCE TREATY BETWEEN The advice and consent of the Senate under section 1 is subject to the following of America and the Government of the Re- THE UNITED STATES OF AMERICA AND THE public of Latvia on Mutual Legal Assistance REPUBLIC OF FINLAND declaration: This Treaty is self-executing. in Criminal Matters, signed at Riga on De- Resolved (two-thirds of the Senators present cember 7, 2005 (Treaty Doc. 109–13), subject to concurring therein), PROTOCOL ON MUTUAL LEGAL ASSISTANCE BE- the declaration of section 2. Section 1. Senate Advice and Consent Sub- TWEEN THE UNITED STATES OF AMERICA AND Section 2. Declaration. ject to a Declaration. THE REPUBLIC OF HUNGARY The advice and consent of the Senate The Senate advises and consents to the Resolved (two-thirds of the Senators present under section 1 is subject to the following ratification of the Treaty on Certain Aspects concurring therein), declaration: of Mutual Legal Assistance in Criminal Mat- Section 1. Senate Advice and Consent Sub- This Treaty is self-executing. ters between the United States of America ject to a Declaration. MUTUAL LEGAL ASSISTANCE PROTOCOL BE- and the Republic of Finland, signed at Brus- The Senate advises and consents to the TWEEN THE UNITED STATES OF AMERICA AND sels on December 16, 2004 (Treaty Doc. 109– ratification of the Protocol to the Treaty be- THE REPUBLIC OF LITHUANIA 13), subject to the declaration of section 2. tween the Government of the United States Resolved (two-thirds of the Senators present Section 2. Declaration. of America and the Government of the Re- concurring therein), The advice and consent of the Senate public of Hungary on Mutual Legal Assist- Section 1. Senate Advice and Consent Sub- under section 1 is subject to the following ance in Criminal Matters signed December 1, ject to a Declaration. declaration: 1994, as contemplated by Article 3(2) of the The Senate advises and consents to the This Treaty is self-executing. Agreement on Mutual Legal Assistance be- ratification of the Protocol on the applica- MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- tween the United States of America and the tion of the Agreement on Mutual Legal As- TWEEN THE UNITED STATES OF AMERICA AND European Union signed June 25, 2003, signed sistance between the United States of Amer- FRANCE at Budapest on November 15, 2005 (Treaty ica and the European Union to the Treaty Resolved (two-thirds of the Senators present Doc. 109–13), subject to the declaration of between the Government of the United concurring therein), section 2. States of America and the Government of Section 1. Senate Advice and Consent Sub- Section 2. Declaration. the Republic of Lithuania on Mutual Legal ject to a Declaration. The advice and consent of the Senate Assistance in Criminal Matters, signed at The Senate advises and consents to the under section 1 is subject to the following Brussels on June 15, 2005 (Treaty Doc. 109–13), ratification of the Instrument as con- declaration: subject to the declaration of section 2.

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Section 2. Declaration. United States of America and the Republic MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- The advice and consent of the Senate of Poland on the Application of the Treaty TWEEN THE UNITED STATES OF AMERICA AND under section 1 is subject to the following between the United States of America and THE KINGDOM OF SPAIN declaration: the Republic of Poland on Mutual Legal As- Resolved (two-thirds of the Senators present This Treaty is self-executing. sistance in Criminal Matters signed July 10, concurring therein), MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- 1996, pursuant to Article 3(2) of the Agree- Section 1. Senate Advice and Consent Sub- TWEEN THE UNITED STATES OF AMERICA AND ment on Mutual Legal Assistance between ject to a Declaration. THE GRAND DUCHY OF LUXEMBOURG the United States of America and the Euro- The Senate advises and consents to the ratification of the Instrument as con- Resolved (two-thirds of the Senators present pean Union signed at Washington June 25, templated by Article 3(2) of the Agreement concurring therein), 2003, signed at Warsaw on June 9, 2006 (Trea- Section 1. Senate Advice and Consent Sub- ty Doc. 109–13), subject to the declaration of on Mutual Legal Assistance between the ject to a Declaration. section 2. United States of America and the European The Senate advises and consents to the Section 2. Declaration. Union signed June 25, 2003, as to the applica- ratification of the Instrument as con- The advice and consent of the Senate tion of the Treaty on Mutual Legal Assist- templated by Article 3, paragraph 2(a) of the under section 1 is subject to the following ance in Criminal Matters between the United Agreement on Mutual Legal Assistance be- declaration: States of America and the Kingdom of Spain tween the United States of America and the This Treaty is self-executing. signed November 20, 1990, signed at Madrid on December 17, 2004 (Treaty Doc. 109–13), European Union signed June 25, 2003, as to MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- the application of the Treaty between the subject to the declaration of section 2. TWEEN THE UNITED STATES OF AMERICA AND Section 2. Declaration. Government of the United States of America THE PORTUGUESE REPUBLIC The advice and consent of the Senate and the Government of the Grand Duchy of Resolved (two-thirds of the Senators present under section 1 is subject to the following Luxembourg on Mutual Legal Assistance in concurring therein), declaration: Criminal Matters signed March 13, 1997, Section 1. Senate Advice And Consent Sub- This Treaty is self-executing. signed at Washington on February 1, 2005 ject to a Declaration. MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- (Treaty Doc. 109–13), subject to the declara- The Senate advises and consents to the TWEEN THE UNITED STATES OF AMERICA AND tion of section 2. ratification of the Instrument between the THE KINGDOM OF SWEDEN Section 2. Declaration. United States of America and the Por- The advice and consent of the Senate Resolved (two-thirds of the Senators present tuguese Republic as contemplated by Article under section 1 is subject to the following concurring therein), 3(3) of the Agreement on Mutual Legal As- Section 1. Senate Advice and Consent Sub- declaration: sistance between the United States of Amer- ject to a Declaration. This Treaty is self-executing. ica and the European Union signed June 25, The Senate advises and consents to the MUTUAL LEGAL ASSISTANCE TREATY BETWEEN 2003, signed at Washington on July 14, 2005 ratification of the Instrument as con- THE UNITED STATES OF AMERICA AND MALTA (Treaty Doc. 109–13), subject to the declara- templated by Article 3(2) of the Agreement Resolved (two-thirds of the Senators present tion of section 2. on Mutual Legal Assistance between the concurring therein), Section 2. Declaration. United States of America and the European Section 1. Senate Advice and Consent Sub- The advice and consent of the Senate Union signed June 25, 2003, as to the applica- ject to a Declaration. under section 1 is subject to the following tion of the Treaty between the Government The Senate advises and consents to the declaration: of the United States of America and the Gov- ratification of the Treaty on Certain Aspects This Treaty is self-executing. ernment of the Kingdom of Sweden on Mu- of Mutual Legal Assistance in Criminal Mat- tual Legal Assistance in Criminal Matters MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- ters between the Government of the United signed December 17, 2001, signed at Brussels TWEEN THE UNITED STATES OF AMERICA AND States of America and the Government of on December 16, 2004 (Treaty Doc. 109–13), THE SLOVAK REPUBLIC Malta, signed at Valletta on May 18, 2006 subject to the declaration of section 2. (Treaty Doc. 109–13), subject to the declara- Resolved (two-thirds of the Senators present Section 2. Declaration. tion of section 2. concurring therein), The advice and consent of the Senate Section 2. Declaration. Section 1. Senate Advice and Consent Sub- under section 1 is subject to the following The advice and consent of the Senate ject to a Declaration. declaration: under section 1 is subject to the following The Senate advises and consents to the This Treaty is self-executing. declaration: ratification of the Instrument between the MUTUAL LEGAL ASSISTANCE INSTRUMENT BE- This Treaty is self-executing. United States of America and the Slovak Re- TWEEN THE UNITED STATES OF AMERICA AND MUTUAL LEGAL ASSISTANCE AGREEMENT BE- public, as contemplated by Article 3(3) of the THE UNITED KINGDOM OF GREAT BRITAIN TWEEN THE UNITED STATES OF AMERICA AND Agreement on Mutual Legal Assistance be- AND NORTHERN IRELAND THE KINGDOM OF THE NETHERLANDS tween the United States of America and the Resolved (two-thirds of the Senators present European Union signed June 25, 2003, signed Resolved (two-thirds of the Senators present concurring therein), at Bratislava on February 6, 2006 (Treaty concurring therein), Section 1. Senate Advice and Consent Sub- Doc. 109–13), subject to the declaration of Section 1. Senate Advice and Consent Sub- ject to a Declaration. section 2. The Senate advises and consents to the ject to a Declaration. ratification of the Instrument as con- The Senate advises and consents to the Section 2. Declaration. templated by Article 3(2) of the Agreement ratification of the Agreement comprising the The advice and consent of the Senate on Mutual Legal Assistance between the Instrument as contemplated by Article 3(2) under section 1 is subject to the following United States of America and the European of the Agreement on Mutual Legal Assist- declaration: Union signed June 25, 2003, as to the applica- ance between the United States of America This Treaty is self-executing. tion of the Treaty between the Government and the European Union signed at Wash- MUTUAL LEGAL ASSISTANCE AGREEMENT BE- of the United States of America and the Gov- ington on June 25, 2003, as to the application TWEEN THE UNITED STATES OF AMERICA AND ernment of the United Kingdom of Great of the Treaty between the United States of THE REPUBLIC OF SLOVENIA Britain and Northern Ireland on Mutual America and the Kingdom of the Netherlands Resolved (two-thirds of the Senators present Legal Assistance in Criminal Matters signed on Mutual Assistance in Criminal Matters concurring therein), January 6, 1994, signed at London on Decem- signed at The Hague on June 12, 1981, signed Section 1. Senate Advice and Consent Sub- ber 16, 2004, with a related exchange of notes at The Hague on September 29, 2004, with a ject to a Declaration. signed the same date (Treaty Doc. 109–13), related exchange of notes signed the same The Senate advises and consents to the subject to the declaration of section 2. date (Treaty Doc. 109–13), subject to the dec- ratification of the Agreement between the Section 2. Declaration. laration of section 2. Government of the United States of America The advice and consent of the Senate Section 2. Declaration. and the Government of the Republic of Slo- under section 1 is subject to the following The advice and consent of the Senate venia comprising the Instrument as con- declaration: under section 1 is subject to the following templated by Article 3(3) of the Agreement This Treaty is self-executing. declaration: on Mutual Legal Assistance between the TREATY BETWEEN THE UNITED STATES OF This Treaty is self-executing. United States of America and the European AMERICA AND THE KINGDOM OF SWEDEN ON MUTUAL LEGAL ASSISTANCE AGREEMENT BE- Union signed at Washington on June 25, 2003, MUTUAL LEGAL ASSISTANCE IN CRIMINAL TWEEN THE UNITED STATES OF AMERICA AND signed at Ljubljana on October 17, 2005 (Trea- MATTERS THE REPUBLIC OF POLAND ty Doc. 109–13), subject to the declaration of Resolved (two-thirds of the Senators present Resolved (two-thirds of the Senators present section 2. concurring therein), concurring therein), Section 2. Declaration. Section 1. Senate Advice and Consent Sub- Section 1. Senate Advice and Consent Sub- The advice and consent of the Senate ject to a Declaration. ject to a Declaration. under section 1 is subject to the following The Senate advises and consents to the The Senate advises and consents to the declaration: ratification of the Treaty between the Gov- ratification of the Agreement between the This Treaty is self-executing. ernment of the United States of America and

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the Government of the Kingdom of Sweden CCW PROTOCOL ON BLINDING LASER WEAPONS the Convention on Prohibitions or Restric- on Mutual Legal Assistance in Criminal Mat- (PROTOCOL IV) tions on the Use of Certain Conventional ters, signed at Stockholm on December 17, Resolved (two-thirds of the Senators present Weapons Which May be Deemed to be Exces- 2001 (Treaty Doc. 107–12), subject to the dec- concurring therein), sively Injurious or to Have Indiscriminate laration of section 2. Section 1. Senate Advice and Consent Sub- Effects, adopted at Geneva on December 21, Section 2. Declaration. ject to an Understanding and a Declaration. 2001 (Treaty Doc. 109–10(B)), subject to the The advice and consent of the Senate The Senate advises and consents to the declaration of section 2. under section 1 is subject to the following ratification of the Protocol on Blinding Section 2. Declaration. declaration: Laser Weapons to the Convention on Prohi- The advice and consent of the Senate This Treaty is self-executing. bitions or Restrictions on the Use of Certain under section 1 is subject to the following Resolved (two-thirds of the Senators present Conventional Weapons Which May be declaration: concurring therein), This Treaty is self-executing. This Treaty Section 1. Senate Advice and Consent Sub- Deemed to be Excessively Injurious or to Have Indiscriminate Effects (Protocol IV), does not confer private rights enforceable in ject to a Declaration. United States courts. The Senate advises and consents to the adopted at Vienna on October 13, 1995 (Trea- ratification of the Treaty between the ty Doc. 105–1(C)), subject to the under- 1992 PARTIAL REVISION OF THE RADIO United States of America and Malaysia on standing of section 2 and the declaration of REGULATIONS Mutual Legal Assistance in Criminal Mat- section 3. Resolved (two-thirds of the Senators present ters, signed at Kuala Lumpur on July 28, 2006 Section 2. Understanding. concurring therein), (Treaty Doc. 109–22), subject to the declara- The advice and consent of the Senate Section 1. Senate Advice and Consent Sub- tion of section 2. under section 1 is subject to the following ject to Reservations and Declarations. Section 2. Declaration. understanding, which shall be included in The Senate advises and consents to the The advice and consent of the Senate the instrument of ratification: ratification of the 1992 Partial Revision of under section 1 is subject to the following It is the understanding of the United the Radio Regulations (Geneva, 1979), with declaration: States of America with respect to Article 2 appendices, signed by the United States at This Treaty is self-executing. that any decision by any military com- Malaga-Torremolinos on March 3, 1992, as CCW PROTOCOL ON INCENDIARY WEAPONS mander, military personnel, or any other contained in the Final Acts of the World Ad- (PROTOCOL III) person responsible for planning, authorizing ministrative Radio Conference for Dealing Resolved (two-thirds of the Senators present or executing military action shall only be with Frequency Allocations in Certain Parts concurring therein), judged on the basis of that person’s assess- of the Spectrum (WARC 0992) (the ‘‘1992 Section 1. Senate Advice and Consent Sub- ment of the information reasonably avail- Final Acts’’) (Treaty Doc. 107–17), subject to ject to a Reservation, an Understanding, and able to the person at the time the person declarations and reservations Nos. 67, 79, and a Declaration. planned, authorized, or executed. the action 80 of the 1992 Final Acts and the declaration The Senate advises and consents to the under review, and shall not be judged on the of section 2. ratification of the Protocol on Prohibitions basis of information that comes to light Section 2. Declaration. or Restrictions on the Use of Incendiary after the action under review was taken. The advice and consent of the Senate Weapons to the Convention on Prohibitions Section 3. Declaration. under section 1 is subject to the following or Restrictions on the Use of Certain Con- The advice and consent of the Senate declaration: ventional Weapons Which May be Deemed to under section 1 is subject to the following This Treaty is not self-executing. be Excessively Injurious or to Have Indis- declaration: 1995 REVISION OF THE RADIO REGULATIONS criminate Effects (Protocol III), adopted at This Protocol is self-executing. This Pro- Resolved (two-thirds of the Senators present Geneva on October 10, 1980 (Treaty Doc. 105– tocol does not confer private rights enforce- concurring therein), 1(B)), subject to the reservation of section 2, able in United States courts. Section 1. Senate Advice and Consent Sub- the understanding of section 3, and the dec- CCW PROTOCOL ON EXPLOSIVE REMNANTS OF ject to Reservations and Declarations. laration of section 4. WAR (PROTOCOL V) The Senate advises and consents to the Section 2. Reservation. Resolved (two-thirds of the Senators present ratification of the 1995 Revision of the Radio The advice and consent of the Senate concurring therein), Regulations, with appendices, signed by the under section 1 is subject to the following Section 1. Senate Advice and Consent Sub- United States at Geneva on November 17, reservation, which shall be included in the ject to an Understanding and a Declaration. 1995, as contained in the Final Acts of the instrument of ratification: The Senate advises and consents to the World Radiocommunication Conference The United States of America, with ref- ratification of the Protocol on Explosive (WRC 0995) (the ‘‘1995 Final Acts’’) (Treaty erence to Article 2, paragraphs 2 and 3, re- Remnants of War to the Convention on Pro- Doc. 108–28), subject to declarations and res- serves the right to use incendiary weapons hibitions or Restrictions on the Use of Cer- ervations Nos. 67(3), 68, 78, and 82 of the 1995 against military objectives located in con- tain Conventional Weapons Which May be Final Acts and the declaration of section 2. centrations of civilians where it is judged Deemed to be Excessively Injurious or to Section 2. Declaration. that such use would cause fewer casualties Have Indiscriminate Effects (Protocol V), The advice and consent of the Senate and/or less collateral damage than alter- adopted at Geneva on November 28, 2003 under section 1 is subject to the following native weapons, but in so doing will take all (Treaty Doc. 109–10(C)), subject to the under- declaration: feasible precautions with a view to limiting standing of section 2 and the declaration of This Treaty is not self-executing. the incendiary effects to the military objec- section 3. Resolved (two-thirds of the Senators present tive and to avoiding, and in any event to Section 2. Understanding. concurring therein), minimizing, incidental loss of civilian life, The advice and consent of the Senate Section 1. Senate Advice and Consent Sub- injury to civilians and damage to civilian ob- under section 1 is subject to the following ject to Declarations. The Senate advises and consents to the jects. understanding, which shall be included in ratification of the Protocol Concerning Pol- Section 3. Understanding. the instrument of ratification: lution from Land-Based Sources and Activi- The advice and consent of the Senate It is the understanding of the United ties to the Convention for the Protection and under section 1 is subject to the following States of America that nothing in Protocol Development of the Marine Environment of understanding, which shall be included in V would preclude future arrangements in the Wider Caribbean Region, with Annexes, the instrument of ratification: connection with the settlement of armed It is the understanding of the United done at Oranjestad, Aruba, on October 6, 1999 conflicts, or assistance connected thereto, to States of America that any decision by any (Treaty Doc. 110–1), subject to the declara- allocate responsibilities under Article 3 in a military commander, military personnel, or tion of section 2 and the declaration of sec- manner that respects the essential spirit and any other person responsible for planning, tion 3. purpose of Protocol V. Section 2. Declaration. authorizing or executing military action Section 3. Declaration. The advice and consent of the Senate shall only be judged on the basis of that per- The advice and consent of the Senate under section 1 is subject to the following son’s assessment of the information reason- under section 1 is subject to the following declaration, which shall be included in the ably available to the person at the time the declaration: instrument of ratification: person planned, authorized, or executed the With the exception of Articles 7 and 8, this In accordance with Article XVIII, the action under review, and shall not be judged Protocol is self-executing. This Protocol United States of America declares that, with on the basis of information that comes to does not confer private rights enforceable in respect to the United States of America, any light after the action under review was United States courts. taken. new annexes to the Protocol shall enter into Section 4. Declaration. CCW AMENDMENT TO ARTICLE 1 force only upon the deposit of its instrument The advice and consent of the Senate Resolved (two-thirds of the Senators present of ratification, acceptance, approval or ac- under section 1 is subject to the following concurring therein), cession with respect thereto. declaration: Section 1. Senate Advice and Consent Sub- Section 3. Declaration. This Protocol is self-executing. This Pro- ject to a Declaration. The advice and consent of the Senate tocol does not confer private rights enforce- The Senate advises and consents to the under section 1 is subject to the following able in United States courts. ratification of the Amendment to Article 1 of declaration:

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.026 S11SEPT1 smartinez on PROD1PC64 with SENATE S8382 CONGRESSIONAL RECORD — SENATE September 11, 2008 This Protocol is not self-executing. vention on the Prevention of Marine Pollu- The advice and consent of the Senate Resolved (two-thirds of the Senators present tion by Dumping of Wastes and Other Mat- under section 1 is subject to the following concurring therein), ter, done in London on November 7, 1996 condition: Section 1. Senate Advice and Consent Sub- (Treaty Doc. 110–5), subject to the declara- Report. ject to a Reservation, Understandings, and a tion of section 2, the understanding of sec- 1. Not later than two years from the date Declaration. tion 3, and the declaration of section 4. on which this Protocol enters into force and The Senate advises and consents to the Section 2. Declaration. prior to the first arbitration conducted pur- ratification of the International Convention The advice and consent of the Senate suant to the binding arbitration mechanism for the Suppression of Acts of Nuclear Ter- under section 1 is subject to the following provided for in this Protocol, the Secretary rorism, adopted on April 13, 2005, and signed declaration, which shall be included in the of Treasury shall transmit the text of the on behalf of the United States of America on instrument of ratification: rules of procedure applicable to arbitration September 14, 2005 (the ‘‘Convention’’) (Trea- The United States of America declares boards, including conflict of interest rules to ty Doc. 110–4), subject to the reservation of that, pursuant to Article 16(5), when it is a be applied to members of the arbitration section 2, the understandings of section 3, party to a dispute about the interpretation board, to the committees on Finance and and the declaration of section 4. or application of Article 3( 1) or 3(2) of this Foreign Relations of the Senate and the Section 2. Reservation. Protocol, its consent shall be required before Joint Committee on Taxation. The Secretary of Treasury shall also, prior The advice and consent of the Senate the dispute may be settled by means of the to the first arbitration conducted pursuant under section 1 is subject to the following Arbitral Procedure set forth in Annex 3 of reservation, which shall be included in the to the binding arbitration mechanism pro- the Protocol. vided for in the 2006 Protocol Amending the instrument of ratification: Section 3. Understanding. Convention between the United States of Pursuant to Article 23(2) of the Conven- The advice and consent of the Senate America and the Federal Republic of Ger- tion, the United States of America declares under section 1 is subject to the following many for the Avoidance of Double Taxation that it does not consider itself bound by Ar- understanding, which shall be included in and the Prevention of Fiscal Evasion with ticle 23(1) of the Convention. the instrument of ratification: Respect to Taxes on Income and Capital and Section 3. Understandings. The United States of America understands to Certain Other Taxes (the ‘‘2006 German The advice and consent of the Senate that, in light of Article 10(4) of the Protocol, Protocol’’) (Treaty Doc. 109 0920) and the under section 1 is subject to the following which provides that the Protocol ‘‘shall not Convention between the Government of the understandings, which shall be included in apply to those vessels and aircraft entitled United States of America and the Govern- the instrument of ratification: to sovereign immunity under international ment of the Kingdom of Belgium for the (1) The United States of America under- law,’’ disputes regarding the interpretation Avoidance of Double Taxation and the Pre- stands that the term ‘‘armed conflict’’ in Ar- or application of the Protocol in relation to vention of Fiscal Evasion with Respect to ticle 4 of the Convention does not include such vessels and aircraft are not subject to Taxes on Income, and accompanying pro- situations of internal disturbances and ten- Article 16 of the Protocol. tocol (the ‘‘Belgium Convention’’) (Treaty sions, such as riots, isolated and sporadic Section 4. Declaration. Doc. 110 093), transmit the text of the rules of acts of violence, and other acts of a similar The advice and consent of the Senate procedure applicable to the first arbitration nature. under section 1 is subject to the following board agreed to under each treaty to the (2) The United States of America under- declaration: committees on Finance and Foreign Rela- stands that the term ‘‘international humani- This Protocol is not self-executing. tions of the Senate and the Joint Committee tarian law’’ in Article 4 of the Convention Resolved (two-thirds of the Senators present on Taxation. has the same substantive meaning as the law concurring therein), 2. 60 days after a determination has been of war. Section 1. Senate Advice and Consent Sub- reached by an arbitration board in the tenth (3) The United States of America under- ject to Two Declarations. arbitration proceeding conducted pursuant stands that, pursuant to Article 4 and Arti- The Senate advises and consents to the to either this Protocol, the 2006 German Pro- cle 1 (6), the Convention does not apply to: ratification of the International Convention tocol, or the Belgium Convention, the Sec- (a) the military forces of a State, which are on the Control of Harmful Anti-Fouling Sys- retary of Treasury shall prepare and submit the armed forces of a State organized, tems on Ships, adopted on October 5, 2001 a detailed report to the Joint Committee on trained, and equipped under its internal law (Treaty Doc. 110–13), subject to the declara- Taxation and the Committee on Finance of for the primary purpose of national defense tion of section 2 and the declaration of sec- the Senate, subject to law relating to tax- or security, in the exercise of their official tion 3. payer confidentiality, regarding the oper- duties; (b) civilians who direct or organize Section 2. Declaration. ation and application of the arbitration the official activities of military forces of a The advice and consent of the Senate mechanism contained in the aforementioned State; or (c) civilians acting in support of under section 1 is subject to the following treaties. The report shall include the fol- the official activities of the military forces declaration, which shall be included in the lowing information: of a State, if the civilians are under the for- instrument of ratification: I. The aggregate number, for each treaty, mal command, control, and responsibility of The United States of America declares of cases pending on the respective dates of those forces. that, pursuant to Article 16(2)(f)(ii)(3) of the entry into force of this Protocol, the 2006 (4) The United States of America under- Convention, amendments to Annex 1 of the German Protocol, or the Belgium Conven- stands that current United States law with Convention shall enter into force for the tion, along with the following additional in- respect to the rights of persons in custody United States of America only after notifica- formation regarding these cases: and persons charged with crimes fulfills the tion to the Secretary-General of its accept- a. The number of such cases by treaty arti- requirement in Article 12 of the Convention ance with respect to such amendments. cle(s) at issue; and, accordingly, the United States does not Section 3. Declaration. b. The number of such cases that have been intend to enact new legislation to fulfill its The advice and consent of the Senate resolved by the competent authorities obligations under this Article. under section 1 is subject to the following through a mutual agreement as of the date Section 4. Declaration. declaration: of the report; and The advice and consent of the Senate This Convention is not self-executing. c. The number of such cases for which arbi- under section 1 is subject to the following Resolved (two-thirds of the Senators present tration proceedings have commenced as of declaration: concurring therein), the date of the report. With the exception of the provisions that Section 1. Senate Advice and Consent Sub- II. A list of every case presented to the com- obligate the United States to criminalize ject to a Declaration and a Condition. petent authorities after the entry into force certain offenses, make those offenses punish- The Senate advises and consents to the of this Protocol, the 2006 German Protocol, able by appropriate penalties, and authorize ratification of the Protocol Amending the or the Belgium Convention, with the fol- the assertion of jurisdiction over such of- Convention between the United States of lowing information regarding each and every fenses, this Convention is self-executing. In- America and Canada with Respect to Taxes case: a. The commencement date of the case for cluded among the self-executing provisions on Income and on Capital done at Wash- purposes of determining when arbitration is are those provisions obligating the United ington on September 26, 1980, as Amended by available; States to treat certain offenses as extra- the Protocols done on June 14, 1983, March b. Whether the adjustment triggering the ditable offenses for purposes of bilateral ex- 28, 1984, March 17, 1995, and July 29, 1997, case, if any, was made by the United States tradition treaties. None of the provisions in signed on September 21, 2007, at Chelsea (the or the relevant treaty partner and which the Convention, including Articles 10 and 12, ‘‘Protocol’’) (Treaty Doc. 110–15), subject to competent authority initiated the case; confer private rights enforceable in United the declaration of section 2 and the condi- c. Which treaty the case relates to; States courts. tion of section 3. d. The treaty article(s) at issue in the case; Resolved (two-thirds of the Senators present Section 2. Declaration. e. The date the case was resolved by the concurring therein), The advice and consent of the Senate competent authorities through a mutual Section 1. Senate Advice and Consent Sub- under section 1 is subject to the following agreement, if so resolved; ject to Declarations and an Understanding. declaration: f. The date on which an arbitration pro- The Senate advises and consents to the This Convention is self-executing. ceeding commenced, if an arbitration pro- ratification of the 1996 Protocol to the Con- Section 3. Condition. ceeding commenced; and

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.074 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8383 g. The date on which a determination was and second times by unanimous con- Encore Service Programs, Encore Fellowship reached by the arbitration board, if a deter- sent, and referred as indicated: Programs, and Silver Scholarship Programs, mination was reached, and an indication as and for other purposes; to the Committee on By Mr. VOINOVICH (for himself, Mr. to whether the board found in favor of the Health, Education, Labor, and Pensions. INHOFE, Mr. ISAKSON, Mr. BOND, and United States or the relevant treaty partner. By Mr. SCHUMER: Mr. CHAMBLISS): III. With respect to each dispute submitted S. 3481. A bill to amend the Internal Rev- S. 3469. A bill to provide that the Clean Air to arbitration and for which a determination enue Code of 1986 to provide a temporary in- Interstate Rule shall remain in full force and was reached by the arbitration board pursu- crease in the new qualified hybrid motor ve- effect; to the Committee on Environment ant to this Protocol, the 2006 German Pro- hicle credit for school buses; to the Com- and Public Works. tocol, or the Belgium Convention, the fol- mittee on Finance. By Mrs. CLINTON (for herself and Mr. lowing information shall be included: By Mr. LIEBERMAN: ENSIGN): a. An indication as to whether the deter- S. 3482. A bill to designate a portion of the S. 3470. A bill to require United States mination of the arbitration board was ac- Rappahannock River in the Commonwealth Government representatives to present to cepted by each concerned person; of Virginia as the ‘‘John W. Warner Rapids″; the Government of Iraq a plan to establish b. The amount of income, expense, or tax- to the Committee on Environment and Pub- an oil trust; to the Committee on Foreign ation at issue in the case as determined by lic Works. Relations. reference to the filings that were sufficient By Mr. DEMINT (for himself, Mrs. f to set the commencement date of the case DOLE, and Mr. THUNE): for purposes of determining when arbitration SUBMISSION OF CONCURRENT AND S. 3471. A bill to prohibit government-spon- is available; and SENATE RESOLUTIONS sored enterprises from making lobbying ex- c. The proposed resolutions (income, ex- penditures, political contributions, or other The following concurrent resolutions pense, or taxation) submitted by each com- certain contributions; to the Committee on petent authority to the arbitration board. and Senate resolutions were read, and Homeland Security and Governmental Af- 3. The Secretary of Treasury shall, in addi- referred (or acted upon), as indicated: fairs. tion, prepare and submit the detailed report By Mr. BOND (for himself, Mr. ROCKE- By Mr. FEINGOLD: described in paragraph (2) on March 1 of the FELLER, and Mr. WHITEHOUSE): S. 3472. A bill to amend the Farm Security year following the year in which the first re- S. Res. 655. A resolution to improve con- and Rural Investment Act of 2002 to further port is submitted to the Joint Committee on gressional oversight of the intelligence ac- the adoption of technologies developed by Taxation and the Committee on Finance of tivities of the United States; to the Com- the Department of Agriculture, to encourage the Senate, and on an annual basis there- mittee on Rules and Administration. small business partnerships in the develop- after for a period of five years. In each such By Mr. REID (for himself, Mr. MCCON- ment of energy through biorefineries, and for report, disputes that were resolved, either by NELL, Mr. AKAKA, Mr. ALEXANDER, other purposes; to the Committee on Agri- a mutual agreement between the relevant Mr. ALLARD, Mr. BARRASSO, Mr. BAU- culture, Nutrition, and Forestry. competent authorities or by a determination CUS, Mr. BAYH, Mr. BENNETT, Mr. By Mr. KYL: of an arbitration board, and noted as such in BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. S. 3473. A bill to resolve water rights prior reports may be omitted. BOXER, Mr. BROWN, Mr. BROWNBACK, claims of the White Mountain Apache Tribe Resolved (two-thirds of the Senators present Mr. BUNNING, Mr. BURR, Mr. BYRD, in the State of Arizona, and for other pur- concurring therein), Ms. CANTWELL, Mr. CARDIN, Mr. CAR- poses; to the Committee on Indian Affairs. Section 1. Senate Advice and Consent Sub- PER, Mr. CASEY, Mr. CHAMBLISS, Mrs. By Mr. CARPER (for himself and Mr. ject to a Declaration. CLINTON, Mr. COBURN, Mr. COCHRAN, The Senate advises and consents to the LIEBERMAN): S. 3474. A bill to amend title 44, United Mr. COLEMAN, Ms. COLLINS, Mr. ratification of the Convention between the States Code, to enhance information secu- CONRAD, Mr. CORKER, Mr. CORNYN, Government of the United States of America rity of the Federal Government, and for Mr. CRAIG, Mr. CRAPO, Mr. DEMINT, and the Government of Iceland for the other purposes; to the Committee on Home- Mr. DODD, Mrs. DOLE, Mr. DOMENICI, Avoidance of Double Taxation and the Pre- land Security and Governmental Affairs. Mr. DORGAN, Mr. DURBIN, Mr. ENSIGN, vention of Fiscal Evasion with Respect to By Mr. LAUTENBERG (for himself and Mr. ENZI, Mr. FEINGOLD, Mrs. FEIN- Taxes on Income, and accompanying Pro- STEIN, Mr. GRAHAM, Mr. GRASSLEY, Mrs. BOXER): tocol, signed at Washington on October 23, S. 3475. A bill to amend the Federal Food, Mr. GREGG, Mr. HAGEL, Mr. HARKIN, 2007 (Treaty Doc. 110–17), subject to the dec- Drug, and Cosmetic Act to require manufac- Mr. HATCH, Mrs. HUTCHISON, Mr. laration of section 2. turers of bottled water to submit annual re- INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. Section 2. Declaration. ports, and for other purposes; to the Com- JOHNSON, Mr. KENNEDY, Mr. KERRY, The advice and consent of the Senate Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, under section 1 is subject to the following mittee on Environment and Public Works. By Mr. HAGEL (for himself and Mr. Ms. LANDRIEU, Mr. LAUTENBERG, Mr. declaration: LEAHY, Mr. LEVIN, Mr. LIEBERMAN, This Convention is self-executing. BINGAMAN): S. 3476. A bill to amend the Public Health Mrs. LINCOLN, Mr. LUGAR, Mr. MAR- Resolved (two-thirds of the Senators present TINEZ, Mr. MCCAIN, Mrs. MCCASKILL, concurring therein), Service Act to improve the Nation’s surveil- lance and reporting for diseases and condi- Mr. MENENDEZ, Ms. MIKULSKI, Ms. Section 1. Senate Advice and Consent Sub- MURKOWSKI, Mrs. MURRAY, Mr. NEL- ject to a Declaration. tions, and for other purposes; to the Com- mittee on Health, Education, Labor, and SON of Florida, Mr. NELSON of Ne- The Senate advises and consents to the braska, Mr. OBAMA, Mr. PRYOR, Mr. ratification of the Convention between the Pensions. By Mr. WARNER (for himself and Mr. REED, Mr. ROBERTS, Mr. ROCKE- Government of the United States of America FELLER, Mr. SALAZAR, Mr. SANDERS, WEBB): and the Government of the Republic of Bul- Mr. SCHUMER, Mr. SESSIONS, Mr. garia for the Avoidance of Double Taxation S. 3477. A bill to amend title 44, United States Code, to authorize grants for Presi- SHELBY, Mr. SMITH, Ms. SNOWE, Mr. and the Prevention of Fiscal Evasion with SPECTER, Ms. STABENOW, Mr. STE- Respect to Taxes on Income, with accom- dential Centers of Historical Excellence; to the Committee on Homeland Security and VENS, Mr. SUNUNU, Mr. TESTER, Mr. panying Protocol, signed at Washington on THUNE, Mr. VITTER, Mr. VOINOVICH, February 23, 2007, as well as the Protocol Governmental Affairs. By Mr. BAUCUS (for himself and Mr. Mr. WARNER, Mr. WEBB, Mr. Amending the Convention between the Gov- WHITEHOUSE, Mr. WICKER, and Mr. ernment of the United States of America and GRASSLEY): S. 3478. A bill to amend the Internal Rev- WYDEN): the Government of the Republic of Bulgaria S. Res. 656. A resolution expressing the for the Avoidance of Double Taxation and enue Code of 1986 to provide incentives for the production of energy, to provide trans- sense of the Senate regarding the terrorist the Prevention of Fiscal Evasion with Re- attacks committed against the United spect to Taxes on Income, signed at Sofia on portation and domestic fuel security, and to provide incentives for energy conservation States of America on September 11, 2001; February 26, 2008 (Treaty Doc. 110–18), sub- considered and agreed to. ject to the declaration of section 2. and energy efficiency, and for other pur- f Section 2. Declaration. poses; to the Committee on Finance. The advice and consent of the Senate By Mr. DODD (for himself, Mr. COCH- ADDITIONAL COSPONSORS under section 1 is subject to the following RAN, and Mr. KENNEDY): declaration: S. 3479. A bill to amend the National and S. 394 This Convention is self-executing. Community Service Act of 1990 to establish a At the request of Mr. AKAKA, the Semester of Service grant program, and for names of the Senator from Delaware f other purposes; to the Committee on Health, (Mr. CARPER) and the Senator from Education, Labor, and Pensions. INTRODUCTION OF BILLS AND Vermont (Mr. SANDERS) were added as JOINT RESOLUTIONS By Mr. DODD (for himself, Mr. COCH- RAN, and Mr. KENNEDY): cosponsors of S. 394, a bill to amend the The following bills and joint resolu- S. 3480. A bill to amend the National and Humane Methods of Livestock Slaugh- tions were introduced, read the first Community Service Act of 1990 to establish ter Act of 1958 to ensure the humane

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.050 S11SEPT1 smartinez on PROD1PC64 with SENATE S8384 CONGRESSIONAL RECORD — SENATE September 11, 2008 slaughter of nonambulatory livestock, change Act of 1934 to provide share- care by making the antitrust laws and for other purposes. holders with an advisory vote on execu- apply to negotiations between groups S. 714 tive compensation. of independent pharmacies and health At the request of Mr. AKAKA, the S. 1328 plans and health insurance issuers (in- name of the Senator from Vermont At the request of Mr. LEAHY, the cluding health plans under parts C and (Mr. SANDERS) was added as a cospon- names of the Senator from New York D of the Medicare Program) in the sor of S. 714, a bill to amend the Ani- (Mr. SCHUMER) and the Senator from same manner as such laws apply to mal Welfare Act to ensure that all dogs Pennsylvania (Mr. CASEY) were added protected activities under the National and cats used by research facilities are as cosponsors of S. 1328, a bill to amend Labor Relations Act. obtained legally. the Immigration and Nationality Act S. 2504 S. 766 to eliminate discrimination in the im- At the request of Mr. NELSON of Flor- At the request of Mrs. CLINTON, the migration laws by permitting perma- ida, the name of the Senator from Lou- name of the Senator from Maryland nent partners of United States citizens isiana (Ms. LANDRIEU) was added as a (Mr. CARDIN) was added as a cosponsor and lawful permanent residents to ob- cosponsor of S. 2504, a bill to amend of S. 766, a bill to amend the Fair tain lawful permanent resident status title 36, United States Code, to grant a Labor Standards Act of 1938 to provide in the same manner as spouses of citi- Federal charter to the Military Offi- more effective remedies of victims of zens and lawful permanent residents cers Association of America, and for discrimination in the payment of and to penalize immigration fraud in other purposes. wages on the basis of sex, and for other connection with permanent partner- S. 2510 purposes. ships. At the request of Ms. LANDRIEU, the S. 826 S. 1430 name of the Senator from Delaware At the request of Mr. MENENDEZ, the At the request of Mr. REID, the name (Mr. CARPER) was added as a cosponsor names of the Senator from Delaware of the Senator from Delaware (Mr. of S. 2510, a bill to amend the Public (Mr. BIDEN) and the Senator from BIDEN) was added as a cosponsor of S. Health Service Act to provide revised Michigan (Ms. STABENOW) were added 1430, a bill to authorize State and local standards for quality assurance in as cosponsors of S. 826, a bill to post- governments to direct divestiture screening and evaluation of humously award a Congressional gold from, and prevent investment in, com- gynecologic cytology preparations, and medal to Alice Paul, in recognition of panies with investments of $20,000,000 for other purposes. her role in the women’s suffrage move- or more in Iran’s energy sector, and for S. 2760 ment and in advancing equal rights for other purposes. At the request of Mr. LEAHY, the women. S. 1556 name of the Senator from Connecticut S. 921 At the request of Mr. SMITH, the (Mr. DODD) was added as a cosponsor of At the request of Mrs. LINCOLN, the name of the Senator from Pennsyl- S. 2760, a bill to amend title 10, United name of the Senator from Hawaii (Mr. vania (Mr. CASEY) was added as a co- States Code, to enhance the national INOUYE) was added as a cosponsor of S. sponsor of S. 1556, a bill to amend the defense through empowerment of the 921, a bill to amend title XVIII of the Internal Revenue Code of 1986 to extend National Guard, enhancement of the Social Security Act to provide for the the exclusion from gross income for functions of the National Guard Bu- coverage of marriage and family thera- employer-provided health coverage to reau, and improvement of Federal- pist services and mental health coun- designated plan beneficiaries of em- State military coordination in domes- selor services under part B of the Medi- ployees, and for other purposes. tic emergency response, and for other care program, and for other purposes. S. 1780 purposes. S. 2998 S. 1003 At the request of Mr. ROCKEFELLER, At the request of Ms. STABENOW, the the name of the Senator from Mis- At the request of Mr. NELSON of Flor- name of the Senator from Arkansas sissippi (Mr. COCHRAN) was added as a ida, the names of the Senator from (Mrs. LINCOLN) was added as a cospon- cosponsor of S. 1780, a bill to require Minnesota (Ms. KLOBUCHAR) and the sor of S. 1003, a bill to amend title the FCC, in enforcing its regulations Senator from Alaska (Mr. STEVENS) XVIII of the Social Security Act to im- concerning the broadcast of indecent were added as cosponsors of S. 2998, a prove access to emergency medical programming, to maintain a policy bill to require accurate and reasonable services and the quality and efficiency that a single word or image may be disclosure of the terms and conditions of care furnished in emergency depart- considered indecent. of prepaid telephone calling cards and ments of hospitals and critical access S. 2020 services, and for other purposes. hospitals by establishing a bipartisan At the request of Mr. LUGAR, the S. 3040 commission to examine factors that af- name of the Senator from Massachu- At the request of Mr. LAUTENBERG, fect the effective delivery of such serv- setts (Mr. KERRY) was added as a co- the name of the Senator from New ices, by providing for additional pay- sponsor of S. 2020, a bill to reauthorize York (Mr. SCHUMER) was added as a co- ments for certain physician services the Tropical Forest Conservation Act sponsor of S. 3040, a bill to amend the furnished in such emergency depart- of 1998 through fiscal year 2010, to re- Toxic Substances Control Act to re- ments, and by establishing a Centers name the Tropical Forest Conservation duce the exposure of children, workers, for Medicare & Medicaid Services Act of 1998 as the ‘‘Tropical Forest and and consumers to toxic chemical sub- Working Group, and for other purposes. Coral Conservation Act of 2007’’, and stances. S. 1070 for other purposes. S. 3077 At the request of Mrs. LINCOLN, the S. 2140 At the request of Mrs. MCCASKILL, name of the Senator from Maryland At the request of Mr. DORGAN, the her name was added as a cosponsor of (Ms. MIKULSKI) was added as a cospon- name of the Senator from Maryland S. 3077, a bill to strengthen trans- sor of S. 1070, a bill to amend the So- (Ms. MIKULSKI) was added as a cospon- parency and accountability in Federal cial Security Act to enhance the social sor of S. 2140, a bill to award a Congres- spending. security of the Nation by ensuring ade- sional Gold Medal to Francis Collins, S. 3237 quate public-private infrastructure and in recognition of his outstanding con- At the request of Mr. CASEY, the to resolve to prevent, detect, treat, in- tributions and leadership in the fields name of the Senator from Pennsyl- tervene in, and prosecute elder abuse, of medicine and genetics. vania (Mr. SPECTER) was added as a co- neglect, and exploitation, and for other S. 2161 sponsor of S. 3237, a bill to assist volun- purposes. At the request of Mr. ISAKSON, the teer fire companies in coping with the S. 1181 name of the Senator from North Caro- precipitous rise in fuel prices. At the request of Mr. MENENDEZ, his lina (Mrs. DOLE) was added as a cospon- S. 3256 name was added as a cosponsor of S. sor of S. 2161, a bill to ensure and foster At the request of Mrs. BOXER, the 1181, a bill to amend the Securities Ex- continued patient safety and quality of name of the Senator from Michigan

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.059 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8385 (Ms. STABENOW) was added as a cospon- S. 3399 garding the need for the United States sor of S. 3256, a bill to provide a supple- At the request of Mrs. LINCOLN, the to lead renewed international efforts to mental funding source for catastrophic names of the Senator from Arkansas assist developing nations in conserving emergency wildland fire suppression (Mr. PRYOR), the Senator from Ten- natural resources and preventing the activities on Department of the Inte- nessee (Mr. ALEXANDER) and the Sen- impending extinction of a large portion rior and National Forest System lands, ator from Georgia (Mr. ISAKSON) were of the world’s plant and animal species. to require the Secretary of the Interior added as cosponsors of S. 3399, a bill to S. RES. 616 and the Secretary of Agriculture to de- amend the Internal Revenue Code of At the request of Mrs. LINCOLN, the velop a cohesive wildland fire manage- 1986 to make permanent the reduction name of the Senator from Michigan ment strategy, and for other purposes. in the rate of tax on qualified timber (Mr. LEVIN) was added as a cosponsor of S. 3325 gain of corporations, and for other pur- S. Res. 616, a resolution reducing ma- At the request of Mr. LEAHY, the poses. ternal mortality both at home and name of the Senator from Utah (Mr. S. 3406 abroad. HATCH) was added as a cosponsor of S. At the request of Mr. HARKIN, the AMENDMENT NO. 5063 3325, a bill to enhance remedies for vio- names of the Senator from Indiana At the request of Mr. SMITH, the lations of intellectual property laws, (Mr. BAYH), the Senator from Montana name of the Senator from Oregon (Mr. and for other purposes. (Mr. BAUCUS), the Senator from North WYDEN) was added as a cosponsor of S. 3331 Dakota (Mr. DORGAN), the Senator amendment No. 5063 intended to be pro- At the request of Mr. BAUCUS, the from West Virginia (Mr. ROCKEFELLER), posed to S. 3001, an original bill to au- names of the Senator from Kansas (Mr. the Senator from Connecticut (Mr. thorize appropriations for fiscal year BROWNBACK) and the Senator from New LIEBERMAN), the Senator from Dela- 2009 for military activities of the De- Hampshire (Mr. SUNUNU) were added as ware (Mr. CARPER) and the Senator partment of Defense, for military con- cosponsors of S. 3331, a bill to amend from Arkansas (Mr. PRYOR) were added struction, and for defense activities of the Internal Revenue Code of 1986 to re- as cosponsors of S. 3406, a bill to re- the Department of Energy, to prescribe quire that the payment of the manu- store the intent and protections of the military personnel strengths for such facturers’ excise tax on recreational Americans with Disabilities Act of fiscal year, and for other purposes. 1990. equipment be paid quarterly. AMENDMENT NO. 5266 S. 3429 S. 3334 At the request of Mr. REID, the name At the request of Mrs. CLINTON, the At the request of Mr. SCHUMER, the of the Senator from Delaware (Mr. name of the Senator from New Jersey names of the Senator from South Caro- BIDEN) was added as a cosponsor of (Mr. MENENDEZ) was added as a cospon- lina (Mr. GRAHAM) and the Senator amendment No. 5266 intended to be pro- sor of S. 3334, a bill to strengthen com- from Michigan (Ms. STABENOW) were posed to S. 3001, an original bill to au- munities through English literacy, added as cosponsors of S. 3429, a bill to thorize appropriations for fiscal year civic education, and immigrant inte- amend the Internal Revenue Code to 2009 for military activities of the De- gration programs. provide for an increased mileage rate partment of Defense, for military con- for charitable deductions. S. 3356 struction, and for defense activities of At the request of Mr. CHAMBLISS, the S. 3439 the Department of Energy, to prescribe names of the Senator from Texas (Mr. At the request of Mr. SALAZAR, the military personnel strengths for such CORNYN), the Senator from Texas (Mrs. name of the Senator from New Hamp- fiscal year, and for other purposes. HUTCHISON), the Senator from Lou- shire (Mr. SUNUNU) was added as a co- AMENDMENT NO. 5271 sponsor of S. 3439, a bill to provide for isiana (Ms. LANDRIEU) and the Senator At the request of Mr. VOINOVICH, the from Illinois (Mr. DURBIN) were added duty free treatment of certain rec- name of the Senator from Indiana (Mr. reational performance outerwear, and as cosponsors of S. 3356, a bill to re- BAYH) was added as a cosponsor of quire the Secretary of the Treasury to for other purposes. amendment No. 5271 intended to be pro- mint coins in commemoration of the S. 3465 posed to S. 3001, an original bill to au- legacy of the United States Army In- At the request of Mr. WICKER, the thorize appropriations for fiscal year fantry and the establishment of the name of the Senator from Mississippi 2009 for military activities of the De- National Infantry Museum and Soldier (Mr. COCHRAN) was added as a cospon- partment of Defense, for military con- Center. sor of S. 3465, a bill to reserve certain struction, and for defense activities of S. 3362 proceeds from the auction of spectrum, the Department of Energy, to prescribe At the request of Mr. KERRY, the including the auction of the D-block of military personnel strengths for such names of the Senator from New Mexico spectrum, for use to provide interoper- fiscal year, and for other purposes. (Mr. DOMENICI) and the Senator from able devices to public safety personnel. AMENDMENT NO. 5299 Iowa (Mr. HARKIN) were added as co- S. 3467 At the request of Mr. SCHUMER, his sponsors of S. 3362, a bill to reauthorize At the request of Ms. KLOBUCHAR, the name was added as a cosponsor of and improve the SBIR and STTR pro- name of the Senator from Minnesota amendment No. 5299 intended to be pro- grams, and for other purposes. (Mr. COLEMAN) was added as a cospon- posed to S. 3001, an original bill to au- S. 3380 sor of S. 3467, a bill to extend through thorize appropriations for fiscal year At the request of Mrs. CLINTON, the April 1, 2009, the MinnesotaCare Med- 2009 for military activities of the De- name of the Senator from Rhode Island icaid demonstration project. partment of Defense, for military con- (Mr. REED) was added as a cosponsor of S. CON. RES. 93 struction, and for defense activities of S. 3380, a bill to promote increased pub- At the request of Mr. DORGAN, the the Department of Energy, to prescribe lic transportation use, to promote in- names of the Senator from Utah (Mr. military personnel strengths for such creased use of alternative fuels in pro- BENNETT) and the Senator from Maine fiscal year, and for other purposes. viding public transportation, and for (Ms. COLLINS) were added as cosponsors AMENDMENT NO. 5300 other purposes. of S. Con. Res. 93, a concurrent resolu- At the request of Mr. SCHUMER, his S. 3389 tion supporting the goals and ideals of name was added as a cosponsor of At the request of Mr. SCHUMER, the ‘‘National Sudden Cardiac Arrest amendment No. 5300 intended to be pro- name of the Senator from Wisconsin Awareness Month’’. posed to S. 3001, an original bill to au- (Mr. FEINGOLD) was added as a cospon- S. RES. 598 thorize appropriations for fiscal year sor of S. 3389, a bill to require, for the At the request of Mr. LUGAR, the 2009 for military activities of the De- benefit of shareholders, the disclosure names of the Senator from Washington partment of Defense, for military con- of payments to foreign governments for (Ms. CANTWELL) and the Senator from struction, and for defense activities of the extraction of natural resources, to Florida (Mr. NELSON) were added as co- the Department of Energy, to prescribe allow such shareholders more appro- sponsors of S. Res. 598, a resolution ex- military personnel strengths for such priately to determine associated risks. pressing the sense of the Senate re- fiscal year, and for other purposes.

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.060 S11SEPT1 smartinez on PROD1PC64 with SENATE S8386 CONGRESSIONAL RECORD — SENATE September 11, 2008 AMENDMENT NO. 5302 5369 intended to be proposed to S. 3001, AMENDMENT NO. 5410 At the request of Mr. NELSON of Flor- an original bill to authorize appropria- At the request of Mr. HARKIN, the ida, the names of the Senator from tions for fiscal year 2009 for military name of the Senator from Delaware Louisiana (Ms. LANDRIEU), the Senator activities of the Department of De- (Mr. BIDEN) was added as a cosponsor of from Arkansas (Mrs. LINCOLN), the Sen- fense, for military construction, and amendment No. 5410 intended to be pro- ator from South Dakota (Mr. JOHNSON) for defense activities of the Depart- posed to S. 3001, an original bill to au- and the Senator from Colorado (Mr. ment of Energy, to prescribe military thorize appropriations for fiscal year SALAZAR) were added as cosponsors of personnel strengths for such fiscal 2009 for military activities of the De- amendment No. 5302 intended to be pro- year, and for other purposes. partment of Defense, for military con- posed to S. 3001, an original bill to au- AMENDMENT NO. 5371 struction, and for defense activities of thorize appropriations for fiscal year At the request of Ms. LANDRIEU, the the Department of Energy, to prescribe 2009 for military activities of the De- name of the Senator from Louisiana military personnel strengths for such partment of Defense, for military con- (Mr. VITTER) was added as a cosponsor fiscal year, and for other purposes. struction, and for defense activities of of amendment No. 5371 intended to be AMENDMENT NO. 5412 the Department of Energy, to prescribe proposed to S. 3001, an original bill to At the request of Mrs. CLINTON, the military personnel strengths for such authorize appropriations for fiscal year name of the Senator from Illinois (Mr. fiscal year, and for other purposes. 2009 for military activities of the De- DURBIN) was added as a cosponsor of AMENDMENT NO. 5319 partment of Defense, for military con- amendment No. 5412 intended to be pro- At the request of Mr. SCHUMER, his struction, and for defense activities of posed to S. 3001, an original bill to au- name was added as a cosponsor of the Department of Energy, to prescribe thorize appropriations for fiscal year amendment No. 5319 intended to be pro- military personnel strengths for such 2009 for military activities of the De- posed to S. 3001, an original bill to au- fiscal year, and for other purposes. partment of Defense, for military con- thorize appropriations for fiscal year AMENDMENT NO. 5374 struction, and for defense activities of 2009 for military activities of the De- At the request of Mr. WHITEHOUSE, the Department of Energy, to prescribe partment of Defense, for military con- his name was added as a cosponsor of military personnel strengths for such struction, and for defense activities of amendment No. 5374 intended to be pro- fiscal year, and for other purposes. the Department of Energy, to prescribe posed to S. 3001, an original bill to au- AMENDMENT NO. 5422 military personnel strengths for such thorize appropriations for fiscal year At the request of Mr. BAYH, the fiscal year, and for other purposes. 2009 for military activities of the De- names of the Senator from Delaware (Mr. BIDEN), the Senator from Michi- AMENDMENT NO. 5327 partment of Defense, for military con- gan (Ms. STABENOW), the Senator from At the request of Mr. CHAMBLISS, the struction, and for defense activities of Pennsylvania (Mr. CASEY), the Senator name of the Senator from Delaware the Department of Energy, to prescribe military personnel strengths for such from New Mexico (Mr. BINGAMAN), the (Mr. BIDEN) was added as a cosponsor of Senator from Illinois (Mr. DURBIN), the amendment No. 5327 intended to be pro- fiscal year, and for other purposes. Senator from Vermont (Mr. SANDERS) posed to S. 3001, an original bill to au- AMENDMENT NO. 5385 and the Senator from Connecticut (Mr. thorize appropriations for fiscal year At the request of Mr. MENENDEZ, the DODD) were added as cosponsors of 2009 for military activities of the De- names of the Senator from New Jersey amendment No. 5422 intended to be pro- partment of Defense, for military con- (Mr. LAUTENBERG), the Senator from posed to S. 3001, an original bill to au- struction, and for defense activities of Maryland (Mr. CARDIN) and the Senator thorize appropriations for fiscal year the Department of Energy, to prescribe from Maryland (Ms. MIKULSKI) were 2009 for military activities of the De- military personnel strengths for such added as cosponsors of amendment No. partment of Defense, for military con- fiscal year, and for other purposes. 5385 intended to be proposed to S. 3001, an original bill to authorize appropria- struction, and for defense activities of AMENDMENT NO. 5339 tions for fiscal year 2009 for military the Department of Energy, to prescribe At the request of Mr. ALEXANDER, the activities of the Department of De- military personnel strengths for such name of the Senator from Colorado fense, for military construction, and fiscal year, and for other purposes. (Mr. SALAZAR) was added as a cospon- for defense activities of the Depart- AMENDMENT NO. 5439 sor of amendment No. 5339 intended to ment of Energy, to prescribe military At the request of Mrs. MCCASKILL, be proposed to S. 3001, an original bill personnel strengths for such fiscal the name of the Senator from Missouri to authorize appropriations for fiscal year, and for other purposes. (Mr. BOND) was added as a cosponsor of year 2009 for military activities of the AMENDMENT NO. 5406 amendment No. 5439 intended to be pro- Department of Defense, for military At the request of Mr. LEAHY, the posed to S. 3001, an original bill to au- construction, and for defense activities names of the Senator from Connecticut thorize appropriations for fiscal year of the Department of Energy, to pre- (Mr. DODD) and the Senator from Ten- 2009 for military activities of the De- scribe military personnel strengths for nessee (Mr. CORKER) were added as co- partment of Defense, for military con- such fiscal year, and for other pur- sponsors of amendment No. 5406 in- struction, and for defense activities of poses. tended to be proposed to S. 3001, an the Department of Energy, to prescribe AMENDMENT NO. 5347 original bill to authorize appropria- military personnel strengths for such At the request of Mr. FEINGOLD, the tions for fiscal year 2009 for military fiscal year, and for other purposes. name of the Senator from Vermont activities of the Department of De- AMENDMENT NO. 5441 (Mr. SANDERS) was added as a cospon- fense, for military construction, and At the request of Mr. KERRY, his sor of amendment No. 5347 intended to for defense activities of the Depart- name was added as a cosponsor of be proposed to S. 3001, an original bill ment of Energy, to prescribe military amendment No. 5441 intended to be pro- to authorize appropriations for fiscal personnel strengths for such fiscal posed to S. 3001, an original bill to au- year 2009 for military activities of the year, and for other purposes. thorize appropriations for fiscal year Department of Defense, for military AMENDMENT NO. 5409 2009 for military activities of the De- construction, and for defense activities At the request of Mr. BROWN, the partment of Defense, for military con- of the Department of Energy, to pre- name of the Senator from Georgia (Mr. struction, and for defense activities of scribe military personnel strengths for CHAMBLISS) was added as a cosponsor of the Department of Energy, to prescribe such fiscal year, and for other pur- amendment No. 5409 intended to be pro- military personnel strengths for such poses. posed to S. 3001, an original bill to au- fiscal year, and for other purposes. AMENDMENT NO. 5369 thorize appropriations for fiscal year f At the request of Mr. WHITEHOUSE, 2009 for military activities of the De- the names of the Senator from Massa- partment of Defense, for military con- STATEMENTS ON INTRODUCED chusetts (Mr. KENNEDY), the Senator struction, and for defense activities of BILLS AND JOINT RESOLUTIONS from Wisconsin (Mr. FEINGOLD) and the the Department of Energy, to prescribe By Mr. FEINGOLD: Senator from Oregon (Mr. WYDEN) were military personnel strengths for such S. 3472. A bill to amend the Farm Se- added as cosponsors of amendment No. fiscal year, and for other purposes. curity and Rural Investment Act of

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.062 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8387 2002 to further the adoption of tech- the USDA to provide business support processes (including the production of rea- nologies developed by the Department services, and authorizing USDA em- sonable quantities of product for sale); of Agriculture, to encourage small ployees and private-sector employees ‘‘(B) to authorize employees of the Depart- business partnerships in the develop- to work together in Federal or private ment and employees of the private sector to work together in experimental or production ment of energy through biorefineries, experimental or product facilities. My facilities owned by— and for other purposes; to the Com- bill will also increase cooperation be- ‘‘(i) the Federal Government; or mittee on Agriculture, Nutrition, and tween the Federal Government and in- ‘‘(ii) a private entity; Forestry. novative businesses by encouraging the ‘‘(C) to provide business support services to Mr. FEINGOLD. Mr. President, today USDA to allow rental of Federal equip- start-up and small businesses; and I am introducing the Energy and Tech- ment and property for the develop- ‘‘(D) to enter into cooperative agreements nology Advancement, ETA, Act of 2008. ment-of new technology. The cost of with Indian tribes, States, counties, institu- At its heart, this bill will increase the legislation is fully offset so as to tions of higher education, and other edu- partnerships between the Federal Gov- cational and governmental units to support not increase the Federal deficit. business incubators for businesses that use ernment and businesses to help spur Lastly, a specific partnership encour- technologies and products of interest to the the commercialization of energy, for- aged by my Energy and Technology Secretary. estry, and other technologies—in other Advancement Act will spur the com- ‘‘(b) ESTABLISHMENT OF BIOREFINERY PILOT words, to increase the ETA, or esti- mercialization of biofuels. My bill re- PLANT.— mated time of arrival, for bringing new quires the USDA to pursue a bio- ‘‘(1) DUTY OF SECRETARY.—Not later than 90 technologies to market. refinery pilot plant that will allow days after the date of enactment of this sec- This bill is among the bills I have in- businesses to partner with the Federal tion, in accordance with paragraph (2), the troduced this week as part of my E4 Secretary shall submit to the appropriate Government to test various biofuels committees of Congress a plan for the devel- Initiative, dubbed E4 because of its technologies derived from a variety of opment and construction of a biorefinery focus on Economy, Employment, Edu- feedstocks, including woody and agri- pilot plant. cation, and Energy. culture waste. ‘‘(2) COST ESTIMATES.—The Secretary shall Particularly in the area of energy, we Certainly one of today’s greatest include in the plan described in paragraph (1) must do more to make new energy so- challenges—energy—is also one of to- a comprehensive estimate of each cost relat- lutions, like next generation biofuels, a morrow’s greatest opportunities. ing to the development and construction of reality. My bill will help make the Today, the transportation sector ac- the biorefinery pilot plant that is the subject of the plan. Federal Government a better business counts for 70 percent of our oil con- partner for the many businesses that ‘‘(3) DESIGN REQUIREMENTS.—The bio- sumption. However, there are prom- refinery pilot plant that is the subject of the are researching and developing innova- ising efforts to significantly lessen our plan described in paragraph (1) shall be de- tive technology solutions our country dependence on oil by reducing fuel con- signed to enable the plant— needs. We are squandering the Federal sumption through increased efficiency ‘‘(A) to produce liquid fuels from woody, investment of billions into research and by aggressively pursuing renewable agricultural, and other biomass— and development by not doing enough fuels, or biofuels. The commercializa- ‘‘(i) in a flexible, multi-bioproduct manner; to prevent new technologies from sit- tion of biofuels will also create job op- ‘‘(ii) in a sustainable manner that address- es life-cycle inputs and outputs; and ting on the shelf or being shipped to portunities, support rural development another country. Helping these new en- ‘‘(iii) in quantities sufficient— and industries such as forestry, and de- ‘‘(I) to provide proof of process; and ergy technologies get off the ground is velop the next generation of fuels that ‘‘(II) to allow for business incubator and not only a promising way to develop are sustainable and from diverse support services described in subsection (a); the next generation of energy tech- sources. and nology that will help break our addic- Mr. President, I ask unanimous con- ‘‘(B) to employ, at a minimum, tion to oil, it will also help to spur job sent that the text of the bill be printed thermochemical and biochemical conversion creation and enhance rural develop- in the RECORD. processes in the production of liquid fuels. ment. There being no objection, the text of ‘‘(c) FUNDING.—Of the amounts made avail- One obstacle identified by the Forest able to the Secretary for programmatic and the bill was ordered to be printed in administrative expenditures, the Secretary Service’s Wisconsin-based Forest Prod- the RECORD, as follows: shall use such sums as are necessary to carry ucts Lab which conducts forestry and S. 3472 out this section.’’. energy technology research with busi- Be it enacted by the Senate and House of Rep- nesses and others, is lack of Federal resentatives of the United States of America in By Mr. KYL: support for moving technologies from Congress assembled, S. 3473. A bill to resolve water rights the research and development phase to SECTION 1. SHORT TITLE. claims of the White Mountain Apache commercialization. My bill will bridge This Act may be cited as the ‘‘Energy and Tribe in the State of Arizona, and for this gap by authorizing the U.S. De- Technology Advancement Act of 2008’’. other purposes; to the Committee on partment of Agriculture, USDA, which SEC. 2. FEDERAL ENERGY AND FORESTRY BUSI- Indian Affairs. includes the Forest Service, to work NESS ASSISTANCE. Mr. KYL. Mr. President, today I am Title IX of the Farm Security and Rural pleased to introduce the White Moun- with businesses and provide access to Investment Act of 2002 (7 U.S.C. 8101 et seq.) resources to assist with getting tech- is amended by adding at the end the fol- tain Apache Tribe Water Rights Quan- nologies to market. lowing: tification Act of 2008. This legislation By encouraging the USDA to act as a ‘‘SEC. 9014. FEDERAL ENERGY AND FORESTRY would authorize, confirm, and ratify ‘‘business incubator,’’ we can increase BUSINESS ASSISTANCE. the White Mountain Apache Tribe the rate of success and reduce the ‘‘(a) SUPPORT FOR BUSINESS INCUBATORS.— Water Rights Quantification Agree- length of time for bringing tech- ‘‘(1) DEFINITIONS.—In this subsection: ment and authorize funding for a key nologies to the market. By providing a ‘‘(A) BUSINESS INCUBATOR.—The term ‘busi- drinking water project on the tribe’s bridge to move new technologies be- ness incubator’ means the programs and as- reservation. The White Mountain sistance designed to accelerate the success- yond the research and development ful development of new or existing small Apache Tribe and the water users and phase to commercialization, the Fed- businesses through an array of support re- providers of Arizona have waited a long eral Government will accelerate the sources and services, developed and managed time for this day. In fact, the legisla- development of new technologies and by the Secretary. tion I am introducing today is the create increased opportunities for ‘‘(B) DEPARTMENT.—The term ‘Department’ product of nearly 3 years of negotiation small businesses, local and State gov- means the Department of Agriculture. and the tremendous work of the settle- ernment, and others. ‘‘(2) DUTY OF SECRETARY.—To further the ment parties. All energy, forestry, and other tech- adoption of technologies developed by the On behalf of the tribe, the U.S. filed nologies will benefit from my ETA Act Department, the Secretary shall establish substantial claims to water in the Gila criteria and procedures to facilitate and en- because it will help new technologies courage businesses and other organizations— River and Little Colorado River Gen- come to the market. It does so by pro- ‘‘(A) to rent equipment and property owned eral Stream adjudications in Arizona. moting the Federal Government as a by the Federal Government for the develop- Absent a settlement, resolution of better business incubator, encouraging ment of new and improved products and these claims would take many years,

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.078 S11SEPT1 smartinez on PROD1PC64 with SENATE S8388 CONGRESSIONAL RECORD — SENATE September 11, 2008 entail great expense, prolong uncer- and I have had the opportunity to review the The Federal Government stores with- tainty concerning the availability of most recent drafts of the authorizing legisla- in its databases some of our Nation’s water supplies, and seriously impair tion and the settlement agreement and we most critical military, economic, and intend to recommend approval of the settle- the long-term economic well-being of ment to our governing Board. In our judg- commercial secrets. Great harm could all of the parties to the settlement. ment, the proposed settlement is consistent be caused if it were to fall into the Specifically, without a settlement, the with the Arizona Water Settlements Act and wrong hands. Knowing this, nation- tribe’s claims could impact water users represents an important step forward in Ari- states and criminal groups are spend- in the Salt River system, a major zona’s efforts to resolve outstanding Indian ing a good deal of money and time try- water source within the State of Ari- water rights claims. We look forward to con- ing to access it. zona. tinuing to work with you and the other According to a report released back Within the last few days, the rep- members of the Arizona congressional dele- in March by the Department of De- gation in bringing this important settlement fense, the U.S. Government and our al- resentatives of the non-federal water to fruition. settlement parties have indicated that Sincerely, lies around the world have come under a settlement is nearly finalized. The DOUGLAS K. MILLER, attack in the past year on a number of parties’ representatives have expressed General Counsel, CAWCD. occasions by hackers from addresses their written support for the settle- that appear to originate from within ment and have indicated that they will AUGUST 29, 2008. the Chinese government. These hackers be submitting the settlement to their Senator JON KYL, were able to compromise information respective governing bodies for review East Camelback Road, systems at government agencies, de- Phoenix, AZ. and action. DEAR SENATOR KYL: We the undersigned fense-related think tanks, contractors, Under the settlement agreement, the representatives of parties to the White and financial institutions. Germany’s tribe would have a right to a total an- Mountain Apache Tribe Quantification domestic intelligence agency, the Ger- nual diversion water right of 99,000 Agreement have reviewed the attached man Office for the Protection of the acre-feet per year through a combina- Quantification Agreement, Exhibits, and ac- Constitution, has accused China of tion of surface water and Central Ari- companying draft legislation (‘‘Settlement sponsoring these attacks ‘‘almost zona Project water sources. The legis- Documents’’). Based upon our participation daily’’ in an attempt to ‘‘intensively in the negotiations and/or our review of the gather political, military, corporate- lation would confirm, authorize, and attached Settlement Documents, we, at this ratify the parties’ settlement and pro- time, intend to express our support for the strategic and scientific information in vide federal funding for a desperately Settlement Documents and plan to submit order to bridge their technological gaps needed drinking water project on the them for our governing bodies’ review and as quickly as possible.’’ tribe’s reservation—the Miner Flat action. As of the date of this letter, we are The threat of a nation-state cyber at- Project. not aware of any reason why our governing tack is very real. Last year in Estonia, Currently, a relatively small well bodies would not support the Settlement an attack by Russian hackers was co- field serves the drinking water needs of Documents. The governing bodies, however, ordinated through online chat rooms must conduct a final review of the Settle- and Web sites. This ‘‘Cyber War,’’ as the majority of the residents on the ment Documents and make a decision. reservation, but production from the The Settlement Documents may be revised the media called it, shut down Web wells has declined significantly over as agreed upon by the parties. We understand sites of a number of Estonian organiza- the last few years. As a result, the that authorizations for appropriations in- tions, including the Estonian par- tribe has experienced summer drinking cluded within the draft legislation are still liament, banks, ministries, newspapers, water shortages. The tribe is planning subject to agreement between you and the and broadcasters. White Mountain Apache Tribe. But we don’t have to look overseas to to construct a small Rural Develop- Signed by 17 representatives of parties to ment funded diversion project on the find threats to our information secu- the White Mountain Apache Tribe Quan- rity. Sometimes, we only have to look North Fork of the White River on its tification Agreement. reservation this year. It indicates that in our own backyards. Just last year, when the project is completed it will By Mr. CARPER (for himself and the Veterans Affairs Department had replace most of the lost production Mr. LIEBERMAN): an external hard drive stolen, exposing from the existing well field, but will S. 3474. A bill to amend title 44, sensitive personal information on near- not produce enough water to meet the United States Code, to enhance infor- ly 2 million individuals. But this isn’t demand of the tribe’s growing popu- mation security of the Federal Govern- the only example. Not by a long shot. lation. The Miner Flat Project would ment, and for other purposes; to the The Departments of Defense, Transpor- provide a longterm solution for the Committee on Homeland Security and tation, Commerce, Health and Human tribe’s drinking water shortages. Governmental Affairs. Services, Homeland Security, Edu- Consequently, not only would the Mr. CARPER. Mr. President, I rise cation, Agriculture, and State have all legislation I have introduced today today with my colleague Senator had sensitive information compromised provide certainty to water users in the LIEBERMAN to introduce the Federal In- by current or former employees. These State of Arizona regarding their future formation Security Management Act of incidents are simply unacceptable. water supplies, it would provide the 2008. The original Federal Information Se- tribe with a long-term reliable source Although the name of the bill may curity Management Act, or FISMA, of drinking water. Therefore, I urge my not sound very exciting, let me assure came out of a recognition a few years colleagues to support this legislation. you that this piece of legislation could ago of the critical importance of pro- Mr. President, I ask unanimous con- be one of the most important pieces of tecting our information systems. Since sent that letters of support be printed legislation Congress passes this ses- then, agencies have made extraor- in the RECORD. sion. dinary progress in implementing cru- Every day, massive amounts of infor- There being no objection, the mate- cial information security measures. mation is transmitted across the global rial was ordered to be placed in the They should be acknowledged and con- information infrastructure. Some of RECORD, as follows: gratulated for their efforts. However, I CENTRAL ARIZONA PROJECT, this information is routine e-mail be- am concerned that, 5 years after the Phoenix, AZ, September 4, 2008. tween co-workers making lunch plans passage of FISMA, agencies may have Hon. JON KYL, or a couple making plans for who will fallen into the trap of complacency and U.S. Senate, Hart Building, pick up the kids at school. Much of it, are just checking boxes to show com- Washington, DC. however consists of highly sensitive pliance with requirements written into DEAR SENATOR KYL: I am writing as coun- military and commercial secrets. As a bill. sel for the Central Arizona Water Conserva- everyone can attest to, increasing glob- The bill Senator LIEBERMAN and I tion District regarding legislation to author- al interconnectivity has greatly in- have put forward today will help ad- ize a settlement of the water rights claims of the White Mountain Apache Tribe. As you creased our productivity and ability to dress this issue. Our bill empowers know, my staff and I have been personally communicate. However, it has also in- Chief Information Security Officers to involved in the negotiations to settle the creased our responsibility to make sure deny access to the agency network if water rights claims of the Tribe. My staff this information is protected. proper security policies are not being

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.085 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8389 followed. If we are going to hold these SECTION 1. SHORT TITLE. (4) Section 3545(g)(1) of such title is amend- hardworking individuals accountable This Act may be cited as the ‘‘Federal In- ed by striking ‘‘evaluations’’ and inserting in Congress for information security, formation Security Management Act of 2008’’ ‘‘audits’’. then we should give them the author- or the ‘‘FISMA Act of 2008’’. (5) Section 3545(g)(3) of such title is amend- ed by striking ‘‘Evaluations’’ and inserting ity to do so. SEC. 2. DEFINITIONS. Section 3542(b) of title 44, United States ‘‘Audits’’. Our bill requires that individuals Code, is amended by adding at the end the (6) Section 3543(a)(8)(A) of such title is hired to be Chief Information Security following: amended by striking ‘‘evaluations’’ and in- Officers be qualified to monitor, detect, ‘‘(4) The term ‘adequate security’ means serting ‘‘audits’’. and respond to cyber intrusions rather security commensurate with the risk and (7) Section 3544(b)(5)(B) of such title is than someone who spends much of magnitude of harm resulting from the loss, amended by striking ‘‘a evaluation’’ and in- their time checking boxes and filling misuse, or unauthorized access to or modi- serting ‘‘an audit, evaluation, report, or other information relating to programs or out paperwork. fication of information. ‘‘(5) The term ‘incident’ means an occur- practices of the applicable agency’’. Our bill will increase collaboration rence that actually or potentially jeopard- SEC. 4. CHIEF INFORMATION SECURITY OFFICER and teamwork and ensure that Chief izes the confidentiality, integrity, or avail- AND CHIEF INFORMATION SECURITY Information Security Officers continue ability of an information system or the in- OFFICER COUNCIL. to keep up to date on the latest tech- formation the system processes, stores, or (a) DELEGATIONS TO CHIEF INFORMATION SE- nologies and security threats by estab- transmits or that constitutes a violation or CURITY OFFICER.—Section 3544(a) of title 44, lishing a Chief Information Security imminent threat of violation of security United States Code, is amended— policies, security procedures, or acceptable (1) in paragraph (3)— Officers Council. The council will be an (A) in the matter preceding subparagraph open forum where senior officials can use policies. ‘‘(6) The term ‘information infrastructure’ (A)— be open and honest about security means the underlying framework that infor- (i) by striking ‘‘Chief Information Officer breaches and work together to solve mation systems and assets rely on in proc- established under section 3506’’ and inserting them. This council will be chaired by essing, transmitting, receiving, or storing in- ‘‘Chief Information Security Officer des- the National Cyber Security Center Di- formation electronically.’’. ignated under section 3548’’; and rector and will break down the artifi- SEC. 3. ANNUAL INDEPENDENT AUDIT. (ii) by striking ‘‘ensure compliance’’ and inserting ‘‘enforce compliance’’; cial boundaries that have previously (a) REQUIREMENT FOR AUDIT INSTEAD OF (B) by striking subparagraph (A); and EVALUATION.—Section 3545 of title 44, United existed in cyberspace. (C) by redesignating subparagraphs (B) Our bill will also require the Depart- States Code, is amended— (1) in the section heading, by striking through (E) as subparagraphs (A) through ment of Homeland Security to conduct (D), respectively; ‘‘evaluation’’ and inserting ‘‘audit’’ ; and an annual operational evaluation of (2) in paragraphs (1) and (2) of subsection (2) in paragraph (4), by inserting ‘‘and agency networks. This evaluation will (a), by striking ‘‘evaluation’’ and inserting cleared’’ after ‘‘trained’’; and test whether those who want to cause ‘‘audit’’ both places that term appears. (3) in paragraph (5), by striking ‘‘Chief In- formation Officer’’ and inserting ‘‘Chief In- mischief or do us harm can access our (b) ADDITIONAL SPECIFIC REQUIREMENTS FOR formation Security Officer’’. sensitive information, much like we AUDITS.—Section 3545(a) of such title is (b) CHIEF INFORMATION SECURITY OFFICER test whether terrorists can enter our amended— (1) in paragraph (2)— AND CHIEF INFORMATION SECURITY OFFICER nuclear facilities or military bases. COUNCIL.—Chapter 35 of title 44, United This evaluation will provide agency (A) in subparagraph (A), by striking ‘‘sub- set of the agency’s information systems;’’ States Code, is amended— leadership and Congress with a better and inserting the following: ‘‘subset of— (1) by redesignating sections 3548 and 3549 picture of where our weaknesses are ‘‘(i) the information systems used or oper- as sections 3553 and 3554, respectively; and and where we need to focus our atten- ated by the agency; and (2) by inserting after section 3547 the fol- tion and resources. ‘‘(ii) the information systems used, oper- lowing: Most importantly, our bill will ated, or supported on behalf of the agency by ‘‘§ 3548. Chief Information Security Officers strengthen information security re- a contractor of the agency, any subcon- ‘‘(a) DESIGNATIONS.—(1) Except as provided quirements in contracts when agencies tractor (at any tier) of such a contractor, or under paragraph (2), the head of each agency any other entity;’’; shall designate a Chief Information Security purchase services or products from pri- (B) in subparagraph (B), by striking ‘‘and’’ Officer who with such agency head shall vate vendors. No longer should agen- at the end; carry out the responsibilities of the agency cies and Congress have to clean up a se- (C) in subparagraph (C), by striking the pe- under this subchapter. An individual may curity mess after an incident has al- riod and inserting ‘‘; and’’; and not serve as the Chief Information Officer ready happened. Instead, we need to (D) by adding at the end the following new and the Chief Information Security Officer start focusing on purchasing more se- subparagraph: for an agency at the same time. The Chief cure services and products that will ‘‘(D) a conclusion as to whether the agen- Information Security Officer shall report di- help prevent these intrusions from hap- cy’s information security controls are effec- rectly to the Chief Information Officer to tive, including an identification of any sig- carry out such responsibilities. pening in the first place. nificant deficiencies identified in such con- ‘‘(2) The Secretary of Defense and the Sec- I look forward to working with my trols.’’; and retary of each military department may colleagues to get these important and (2) by adding at the end the following: each designate Chief Information Security necessary reforms enacted before it is ‘‘(3) Each audit under this section shall Officers who with the Secretary making the too late. I think everyone can agree conform to generally accepted government designation shall carry out the responsibil- that computers, the Internet, and cut- auditing standards.’’. ities of the applicable department under this ting-edge technology have greatly ben- (c) TECHNICAL AND CONFORMING AMEND- subchapter. An individual may not serve as efited our government and our society. MENTS.— the Chief Information Officer and the Chief (1) Each of the following provisions of sec- Information Security Officer for a depart- But we also need to recognize that it tion 3545 of title 44, United States Code, is ment at the same time. The Secretary shall has greatly increased the threats we amended by striking ‘‘evaluation’’ and in- provide for the Chief Information Security face on a daily basis. serting ‘‘audit’’ each place it appears: Officer to report to the applicable Chief In- In times like these we need to accept (A) Subsection (b)(1). formation Officer to carry out such respon- our responsibility to protect sensitive (B) Subsection (b)(2). sibilities. If more than 1 Chief Information information and be held accountable (C) Subsection (c). Security Officer is designated, the respective when we fail. (D) Subsection (e)(1). duties of the Chief Information Security Of- (E) Subsection (e)(2). ficers shall be clearly delineated. Mr. President, I ask unanimous con- (2) Section 3545(d) of such title is amended ‘‘(b) QUALIFICATIONS AND GENERAL DU- sent that the text of bill be printed in to read as follows: TIES.—A Chief Information Security Officer the RECORD. ‘‘(d) EXISTING INFORMATION.—The audit re- shall— There being no objection, the text of quired by this section may include consider- ‘‘(1) possess necessary qualifications, in- the bill was ordered to be printed in ation of relevant audits, evaluations, re- cluding education, professional certifi- the RECORD, as follows: ports, or other information relating to pro- cations, training, experience, and the secu- grams or practices of the applicable agen- rity clearance required to administer the S. 3474 cy.’’. functions described under this subchapter; Be it enacted by the Senate and House of Rep- (3) Section 3545(f) of such title is amended and resentatives of the United States of America in by striking ‘‘evaluators’’ and inserting ‘‘(2) have information security duties as Congress assembled, ‘‘auditors’’. the primary duty of that official.

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‘‘(c) RESPONSIBILITIES.—A Chief Informa- system meets or exceeds accepted security tem is evaluated in a manner consistent with tion Security Officer for an agency shall policies and standards established by— processes described under subsection (e)(2) have the mission, budget, resources, and au- ‘‘(A) the National Institute of Standards (A) through (D) of this section. thority necessary to— and Technology; ‘‘§ 3549. Chief Information Security Officer ‘‘(1) oversee the establishment and mainte- ‘‘(B) the Office of Management and Budget; Council nance of an incident response capability that and ‘‘(a) ESTABLISHMENT.—There is established on a continuous basis can— ‘‘(C) the applicable agency. in the executive branch a Chief Information ‘‘(A) detect, report, respond to, contain, in- ‘‘(3) After notification to the applicable Security Officers Council (in this section re- vestigate, attribute, and mitigate any net- agency’s Chief Information Officer, the Chief ferred to as the ‘Council’). work, computer, or data security incident Information Security Officer of an agency ‘‘(b) MEMBERSHIP.—The members of the that impairs adequate security, in accord- may prevent access to any information sys- Council shall be full-time senior government ance with policy provided by the Office of tem or individual that is using or attempts employees. The members shall be as follows: Management and Budget, in consultation to use the agency information infrastructure ‘‘(1) The Administrator of the Office of with the Chief Information Security Officer if information security policies and proce- Electronic Government of the Office of Man- Council, and guidance from the National In- dures have not been followed or imple- agement and Budget. stitute of Standards and Technology; mented. ‘‘(2) The Chief Information Security Officer ‘‘(B) collaborate with other public and pri- ‘‘(4) If the Chief Information Security Offi- of each agency described under section 901(b) vate sector incident response resources to cer recognizes a network, computer, or data of title 31. address incidents that extend beyond the security incident that impairs adequate se- ‘‘(3) The Chief Information Security Officer agency; and curity of an interagency information system, of the Department of the Army, the Depart- ‘‘(C) not later than 24 hours after discovery the Chief Information Security Officer shall ment of the Navy, and the Department of the of any incident described under subpara- notify the managing agency, agency inspec- Air Force, if chief information officers have graph (A) unless otherwise directed by policy tor general, and the United States Computer been designated for such departments under of the Office of Management and Budget, Emergency Readiness Team within 24 hours section 3506(a)(2)(B). provide notice to the appropriate supporting after discovery of an incident as defined by ‘‘(4) A representative from the Office of the information security operating center, in- policy of the Office of Management and Director of National Intelligence. spector general, and the United States Com- Budget. ‘‘(5) A representative from the United puter Emergency Readiness Team; ‘‘(e) OPERATIONAL EVALUATION.—(1) The States Strategic Command. ‘‘(2) collaborate with the Chief Information Chief Information Security Officer of an ‘‘(6) A representative from the United Officer to establish, maintain, and update an agency in consultation with the agency Chief States Computer Emergency Readiness enterprise network, system, storage, and se- Information Officer, with recommendations Team. curity architecture framework documenta- from the Chief Information Security Officers ‘‘(7) A representative from the Intelligence tion to be submitted quarterly to the United Council and in consultation with the Sec- Community Incident Response Center. States Computer Emergency Readiness retary of Homeland Security and the heads ‘‘(8) A representative from the Committee Team, that includes— of other appropriate Federal agencies, on National Security Systems. ‘‘(A) documentation of how technical, man- shall— ‘‘(9) Any other officer or employee of the agerial, and operational security controls ‘‘(A) establish security control testing pro- United States designated by the chairperson. are implemented throughout the agency’s in- tocols that ensure that the information in- ‘‘(c) CO-CHAIRPERSONS AND VICE CHAIR- formation infrastructure; and frastructure of the agency, including con- PERSONS.—(1) The Director of the National ‘‘(B) documentation of how the controls de- tractor information systems operating on be- Cyber Security Center shall act as chair- scribed under subparagraph (A) maintain the half of the agency are effectively protected person of the Council. The Administrator of appropriate level of confidentiality, integ- against known vulnerabilities, attacks, and the Office of Electronic Government of the rity, and availability of electronic informa- exploitations; Office of Management and Budget shall act tion and information systems based on Na- ‘‘(B) oversee the deployment of such proto- as co-chairperson of the Council. tional Institute of Standards and Technology cols throughout the information infrastruc- ‘‘(2) The vice chairperson of the Council guidance and Chief Information Security Of- ture of the agency; and shall be selected by the Council from among ficers Council recommended approaches; ‘‘(C) update and test such protocols on a its members. The vice chairperson shall ‘‘(3) ensure that— recurring basis. serve a 1-year term and may serve multiple ‘‘(A) risk assessments are conducted on a ‘‘(2) After consideration of best practices terms. The vice chairperson shall serve as a periodic basis; and recommendations for operational eval- liaison to the Chief Information Officer, ‘‘(B) penetration tests are conducted com- uations established by the Chief Information Council Committee on National Security mensurate with risk (as defined by the Na- Security Officer Council and in consultation Systems, and other councils or committees tional Institute of Standards and Tech- with the heads of appropriate agencies, the as appointed by the chairperson. nology) for an agency’s information infra- Department of Homeland Security shall no ‘‘(d) FUNCTIONS.—(1) The Council shall be structure; and less than annually— ‘‘(A) conduct an operational evaluation of the principal interagency forum for estab- ‘‘(C) information security vulnerabilities lishing best practices and recommendations are mitigated in a timely fashion; the information infrastructure of each agen- cy for known vulnerabilities, attacks, and for operational evaluations that use attack- ‘‘(4) ensure that annual information tech- based testing protocols established under nology security awareness and role-based exploitations of Federal networks on a fre- quent and recurring basis; section 3548(e). training for agency employees and contrac- ‘‘(2) The Council shall— tors is conducted; ‘‘(B) evaluate the ability of each agency to monitor, detect, correlate, analyze, report, ‘‘(A) share experiences and innovative ap- ‘‘(5) create, maintain, and manage an infor- proaches relating to information sharing and mation security performance measurement and respond to breaches in information secu- rity policies and practices; information security best practices, penetra- system that aligns with agency goals and tion testing regimes, and incident response budget process; and ‘‘(C) report to the agency head, the Chief Information Officer, and the Chief Informa- mitigation; ‘‘(6) direct and manage information tech- ‘‘(B) promote the development and use of nology security programs and functions tion Security Officer of the applicable agen- cy the findings of the operational evaluation; standard performance measures for agency within all subordinate agency organizations information security that— (including components, bureaus, offices, and and ‘‘(D) in consultation with the Chief Infor- ‘‘(i) are outcome-based; other organizations within the agency). ‘‘(ii) focus on risk management; ‘‘(d) CONTINUOUS TECHNICAL MONITORING mation Officer and the Chief Information Se- ‘‘(iii) align with the business and program FOR MALICIOUS ACTIVITY OF AGENCY NETWORK curity Officer of the applicable agency, as- goals of the agency; AND INFORMATION SYSTEM.—(1) Each agency sist with mitigating exploited shall establish a mechanism that allows the vulnerabilities, attacks, and exploitations. ‘‘(iv) measure improvements in the agency Chief Information Security Officer of the ‘‘(3) Not later than 30 days after receiving security posture over time; and agency to detect, monitor, correlate, and an operational evaluation under paragraph ‘‘(v) reduce burdensome compliance meas- analyze, the security of any information sys- (2), the Chief Information Security Officer of ures; tem that is connected to the agency’s infor- an agency shall provide the Chief Informa- ‘‘(C) develop and recommend to the Office mation infrastructure on a continuous basis tion Officer and the agency head a plan for of Management and Budget the necessary through automated monitoring. addressing recommendations and mitigating qualifications to be established for Chief In- ‘‘(2) The Chief Information Security Officer vulnerabilities contained in the security re- formation Security Officers to be capable of of an agency shall be responsible for and ports identified under paragraph (2), includ- administering the functions described under have the authority to assure that any infor- ing a timeline and budget for implementing this subchapter including education, train- mation system connected to the network (di- such plan. ing, and experience; rectly or indirectly) that does not comply ‘‘(f) NATIONAL SECURITY SYSTEMS.—Sub- ‘‘(D) enhance information system certifi- with security policies and standards, or has sections (c), (d), and (e) shall not apply to cation and accreditation processes by estab- been compromised, is denied access and use any national security system as defined lishing a prioritized baseline of information of the agency network until the information under section 3542(b)(2) so long as that sys- security measures and controls that can be

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.086 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8391 continuously monitored through automated ‘‘(B) describe the effectiveness of the test- not have federally supported libraries mechanisms; and ing protocols developed under section for Presidents prior to President Hoo- ‘‘(E) submit proposed enhancements to the 3548(e)(1) in mitigating the risks associated ver. The documents and records of Office of Management and Budget. with known vulnerabilities, attacks, and ex- these Presidents are scattered through- ploitations of the information infrastructure ‘‘§ 3550. Requirements for contracts relating out America. In our view, the Federal to agency information and information sys- of each agency; tems ‘‘(C) describe the information security pos- Government should be taking an active role in encouraging the preservation of ‘‘(a) IN GENERAL.—(1) Not later than 180 ture of the Federal Government, including— days after the date of enactment of the Fed- ‘‘(i) the risks to the confidentiality, integ- these documents. eral Information Security Management Act rity, and availability of information govern- In Virginia, we have an organization of 2008, the Director of the Office of Manage- mentwide; and that has been leading the way in pre- ment and Budget, in consultation with the ‘‘(ii) a plan of action and milestones to serving the records of President Wood- Director of the National Institutes of Stand- mitigate the risks governmentwide; row Wilson. To date, the Woodrow Wil- ards and Technology, shall promulgate infor- ‘‘(D) include any recommendations for rel- son Presidential Library has preserved mation security regulations governing con- evant executive branch action and congres- tracts (including task or delivery orders sional oversight; and several thousand documents. Last year issued pursuant to contracts) between the ‘‘(E) include an unclassified and classified alone, the library received more than Federal Government and any individual, cor- report of the operational evaluation. one million Wilson-related documents, poration, partnership, organization, or other ‘‘(b) SECURITY REPORTS AND CORRECTIVE and it is in the process of preserving entity that interfaces with an information ACTION REPORTS.—The agency head and in- these documents and will make them system of an agency or collects, stores, oper- spector general of each agency shall make freely available on the Internet. Thou- ates, or maintains information on behalf of all information security reports and infor- sands of people visit the library each the agency. mation security corrective action reports ‘‘(2) Regulations promulgated under this available upon request to— year to see documents that have never subsection shall specify requirements con- ‘‘(1) the Secretary of Homeland Security been seen before in public. In my view, cerning— for purposes of completing the requirements libraries like the Woodrow Wilson ‘‘(A) adequacy and effectiveness of the se- under subsection (a); and Presidential Library are critical to our curity of information systems; ‘‘(2) the Comptroller General of the United Nation’s history, and we should be en- ‘‘(B) the collection and transmission of in- States.’’. couraging more organizations to en- formation, including personally identifiable (c) TECHNICAL AND CONFORMING AMEND- gage in this important endeavor. information; and MENTS.—The table of sections for chapter 35 The legislation I introduce today will ‘‘(C) procedures in the event of a security of title 44, United States Code, is amended by help encourage these and other efforts incident. striking the items relating to sections 3548 ‘‘(b) COMPLIANCE.—Notwithstanding any and 3549 and inserting the following: to preserve, and provide public access other provision of law, effective 180 days ‘‘Sec. to, these historical documents by au- after the issuance of regulations under sub- ‘‘3548. Chief Information Security Officers. thorizing the National Archives and section (a), no agency may enter into a con- ‘‘3549. Chief Information Security Officer Records Administration to provide tract (or issue a task or delivery orders Council. grants to certain organizations to sup- under a contract), or otherwise enter into an ‘‘3550. Requirements for contracts relating to port their efforts in preserving the his- agreement, with an individual, corporation, agency information and infor- partnership, organization, or other entity torical records of past Presidents. mation systems. I want to thank the National Ar- that interfaces with an information system ‘‘3551. Reports to Congress. of an agency or collects, stores, operates, or ‘‘3552. Authorization of appropriations. chives for their assistance in drafting maintains information on behalf of the agen- ‘‘3553. Effect on existing law.’’. this important legislation. I look for- cy, unless the requirements of the contract ward to working with my colleagues in or agreement are in compliance with such By Mr. WARNER (for himself and the Senate to see this legislation regulations. ‘‘(c) SECURITY REQUIREMENTS.—Notwith- Mr. WEBB): signed into law. standing any other provision of law, effective S. 3477. A bill to amend title 44, Mr. WEBB. Mr. President, I rise 3 years after the issuance of regulations United States Code, to authorize today to introduce bipartisan legisla- under subsection (a), no agency may enter grants for Presidential Centers of His- tion with my colleague, Senator WAR- into a contract (or issue a task or delivery torical Excellence; to the Committee NER, which will authorize the National order under contract), or otherwise enter on Homeland Security and Govern- Archives and Records Administration into an agreement, with an individual, cor- mental Affairs. to make grants for the preservation of poration, partnership, organization, or other entity for commercial off the shelf items, in- Mr. WARNER. Mr. President, I rise records and other historical documents cluding hardware and software that does not today to introduce legislation with of American Presidents. Grants will be conform to the security requirements in Senator WEBB to help encourage the available to entities seeking to pre- such regulations. preservation of, and public access to, serve the records and other historical ‘‘§ 3551. Reports to Congress historical documents and records of documents of Presidents who do not ‘‘(a) ANNUAL REPORTS.—(1) On March 1 of former United States Presidents. Con- have a presidential library managed each year, the Department of Homeland Se- gressman GOODLATTE is joining us in and maintained by the Federal Govern- curity shall submit a report on operational this effort and has introduced similar ment. This legislation represents the evaluations and testing protocols to— legislation in the House of Representa- hard work and dedication of numerous ‘‘(A) the Committee on Homeland Security tives. stakeholders who are working to pre- and Governmental Affairs of the Senate; ‘‘(B) the Committee on Oversight and Gov- The preservation of historical docu- serve these historical documents for ernment Reform and the Committee on ments is critical to the future of any present and future generations to Homeland Security of the House of Rep- nation. Current and future generations enjoy. resentatives; can look upon the examples of those The Presidential Historical Records ‘‘(C) the Select Committee on Intelligence that came before and learn from their Preservation Act builds upon existing of the Senate; accomplishments, as well as their mis- efforts by the National Historical Pub- ‘‘(D) the Permanent Select Committee on takes. Our Founding Fathers under- lications and Records Commission to Intelligence of the House of Representatives; stood the need to preserve important promote the preservation and use of ‘‘(E) the Government Accountability Of- America’s documentary heritage by fice; and documents for future generations. ‘‘(F) the President’s Council on Integrity Thomas Jefferson once said that ‘‘a making grants available to non-profit and Efficiency and the Executive Council on morsel of genuine history is a thing so entities, states and local communities Integrity and Efficiency. rare as to be always valuable.’’ In addi- that are seeking to preserve the ‘‘(2) Each report submitted under this sub- tion, he considered it ‘‘the duty of records and historical documents of section shall— every good citizen to use all the oppor- American Presidents. This legislation ‘‘(A) provide detailed information on the tunities, which occur to him, for pre- compliments the mission of the Na- operational evaluations of each agency per- serving documents relating to the his- tional Historical Publications and formed during the preceding fiscal year, the results of such evaluations, and any actions tory of our country.’’ Records Commission by helping the that remain to be taken under plans included Today, we have federally supported American public understand our de- in corrective action reports under section presidential libraries from President mocracy, history, and culture. Our 3548(e)(3); Hoover onward, but, generally, we do country will be better off for having an

VerDate Aug 31 2005 05:57 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.086 S11SEPT1 smartinez on PROD1PC64 with SENATE S8392 CONGRESSIONAL RECORD — SENATE September 11, 2008 improved, more complete under- energy-tax package. It received a re- colleagues have come to agree that standing of American Presidents and sounding bipartisan committee vote. with energy prices this high, these oil their legacies. The bill proposed the largest-ever se- and gas tax incentives are not needed. I would like to especially thank the ries of clean energy tax incentives. It What do we get for repealing those Woodrow Wilson Presidential Library was largely offset with reductions in oil and gas tax breaks? We get long- Foundation for its efforts to bring this tax breaks for oil and gas companies. term extensions of vital clean energy issue to Congress’ attention. For the That package’s clean energy incen- incentives, like the credit for wind and last seventy years, the Woodrow Wil- tives included a long-term extension of solar electricity. With passage of tax son Presidential Library Foundation in tax credits for wind and solar power, credits for wind power in 2005 and 2006, Staunton, Virginia has admirably long-term extensions of credits for the American wind energy industry has served as caretaker of President Wood- building efficiency, and extensions and installed capacity in the last 2 years row Wilson’s papers and artifacts, dedi- modifications of credits for clean coal that equals the capacity it installed in cating itself to the preservation of Wil- technology. the last 21⁄2 decades. son’s legacy. But it has done so with- The June 2007 bill also included inno- The solar industry is also booming. It out the resources afforded to other vative new items. It included a credit accounts for a growing number of high- presidential libraries in the Federal for consumers for plug-in hybrids. It paying jobs in America’s clean tech system. included a new credit to promote cap- sector. This bill includes an 8-year ex- This legislation, if enacted, will help ture and storage of carbon dioxide. And tension of the credit for solar power. the Woodrow Wilson Presidential Li- it included incentives to transform our And that extension will fuel this al- brary Foundation, and other non-profit electricity grid, so that far-flung ready impressive job growth. entities like it, preserve and make sources of renewable power—like wind Let’s consider what happens if we do available to the public the historical and solar—can be brought to market. not extend these credits. According to records and documents of American But many on the other side objected a February 2008 study, failure to extend Presidents. The Woodrow Wilson Presi- to the bill, because it included reduc- the wind and solar credits would result dential Library serves as the center for tions in oil and gas tax breaks. We in the loss of 114,000 jobs. Renewable education and study of Woodrow Wil- needed 60 votes to pass the Senate. But energy is simply not yet cost-competi- son’s life and legacies, and the passage our bill got 57, and died on the floor. tive with fossil-based power. It needs of this legislation will enable people We tried again in December of last the incentives in this bill. from this country and abroad to learn year. We scaled back our oil and gas Absent broader mandates on renew- more about the life and work of our na- offsets. And we wrote a smaller, rough- able power, we need to continue tax tion’s 28th President. ly $20 billion package of clean-energy support for renewable electricity pro- I would also like to thank the Archi- incentives. duction. With those tax incentives, the vist of the United States, Dr. Allen But Senators—again, generally from private sector will continue to invest Weinstein, and his staff for their dedi- the other side of the aisle—continued in this worthy cause. cation and service to our nation. Their to object to provisions cutting tax This bill also contains many other efforts in assisting Senator WARNER breaks for oil and gas companies. That important provisions. It contains ex- and me as we crafted this legislation bill failed as well, by just one vote. tensions of efficiency incentives for represent the very best in good govern- In response to those concerns, this buildings, which account for about 40 ment and commitment to serving the year, I wrote an energy tax package percent of American energy use. It con- American public. without oil and gas offsets. That bill, tains the new plug-in hybrid credit for I am hopeful that the Committee on S. 3335, was paid for by closing tax consumers, at a higher level than last Homeland Security and Governmental loopholes and by delaying a tax benefit year’s bill—up to $7,500. As did last Affairs will consider this legislation for multinational corporations that year’s package, the bill we introduce expeditiously and that we can enact it has yet to take effect. today includes a provision to promote during the remainder of this congres- That bill included about $18 billion in what folks call ‘‘smart meters,’’ which sional session. energy-tax provisions, including provide real-time feedback on elec- I ask that my full statement be scaled-down versions of the original Fi- tricity usage. These smart meters have printed in the RECORD where the bill nance Committee bill. This ‘‘extend- been shown to cut consumer energy appears. I yield the floor. ers’’ bill also included billions in non- costs and carbon emissions, as well. energy extenders. These tax incentives Finally, the bill includes a new pro- By Mr. BAUCUS (for himself and are vital to supporting a range of ac- duction credit for carbon dioxide, pro- Mr. GRASSLEY): tivities, from research and develop- viding an incentive for capturing and S. 3478. A bill to amend the Internal ment to higher education. storing harmful carbon dioxide. This Revenue Code of 1986 to provide incen- Unfortunately, S. 3335 has been ob- provision was also part of last year’s tives for the production of energy, to jected to, as well. It has not cleared the Finance Committee bill. I am pleased provide transportation and domestic Senate. that it is part of this bill as well. fuel security, and to provide incentives But now energy prices are sky-high. This bill does not do everything that for energy conservation and energy ef- And we have learned that many Sen- I want. If I had my druthers, we would ficiency, and for other purposes; to the ators from the other side of the aisle extend and possibly modify—many of Committee on Finance. have come to agree that it makes sense these credits for a longer period. And Mr. BAUCUS. Mr. President, today, I to scale back oil and gas tax breaks. the bill includes some items that I am join with my colleague CHUCK GRASS- Accordingly, Senator GRASSLEY and I not overly thrilled about. But those LEY, the Finance Committee’s ranking have worked together to rewrite our compromises are part of the legislative Republican member, to introduce the original Finance Committee product. process. That process will continue Energy Independence and Innovation And that is largely what is represented after today’s introduction. Act of 2008. in the bill that we are introducing Meanwhile, I am again pleased that This bill will create jobs. It will help today. consensus may well be building to redi- consumers with high energy costs. It Our bill invests about $26 billion in rect tax incentives and invest in the will contribute to energy security. It renewable energy. It pays for it largely clean technology this country des- will help secure America’s place as a by repealing tax breaks for oil and gas perately needs. world leader in clean energy tech- firms. These are largely the same tax For the sake of American jobs, for nology. It will help to prepare this offsets that we included in our original the sake of our Nation’s security, and country to address global warming. bill. For example, the bill would deny a for the sake of our planet’s environ- For more than a year, we have been tax benefit that was enacted in 2004, ment, I urge my colleagues to support trying to pass meaningful energy tax when oil traded at about $50 per barrel. this bill. legislation. Oil trades at more than $100 per bar- Mr. President, I ask unanimous con- In June of last year, the Finance rel now. Recently it reached nearly sent that the text of the bill be printed Committee passed a roughly $30 billion $150 per barrel. I am pleased that my in the RECORD.

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.087 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8393 There being no objection, the text of Sec. 212. Extension and modification of elec- (A) by striking clause (iv), the bill was ordered to be printed in tion to expense certain refin- (B) by adding ‘‘and’’ at the end of clause the RECORD, as follows: eries. (ii), and Sec. 213. Extension of suspension of taxable (C) by striking ‘‘, and’’ at the end of clause S. 3478 income limit on percentage de- (iii) and inserting a period. Be it enacted by the Senate and House of Rep- pletion for oil and natural gas (2) INCREASE IN REQUIRED EMISSION REDUC- resentatives of the United States of America in produced from marginal prop- TION.—Section 45(c)(7)(B) (defining qualified Congress assembled, erties. emission reduction) is amended by inserting SECTION 1. SHORT TITLE, ETC. TITLE III—ENERGY CONSERVATION AND ‘‘at least 40 percent of the emissions of’’ (a) SHORT TITLE.—This Act may be cited as EFFICIENCY PROVISIONS after ‘‘nitrogen oxide and’’. the ‘‘Energy Independence and Investment Sec. 301. Qualified energy conservation (c) TRASH FACILITY CLARIFICATION.—Para- graph (7) of section 45(d) is amended— Act of 2008’’. bonds. (b) REFERENCE.—Except as otherwise ex- Sec. 302. Credit for nonbusiness energy prop- (1) by striking ‘‘facility which burns’’ and pressly provided, whenever in this Act an erty. inserting ‘‘facility (other than a facility de- amendment or repeal is expressed in terms of Sec. 303. Energy efficient commercial build- scribed in paragraph (6)) which uses’’, and an amendment to, or repeal of, a section or ings deduction. (2) by striking ‘‘COMBUSTION’’. other provision, the reference shall be con- Sec. 304. New energy efficient home credit. (d) EXPANSION OF BIOMASS FACILITIES.— sidered to be made to a section or other pro- Sec. 305. Modifications of energy efficient (1) OPEN-LOOP BIOMASS FACILITIES.—Para- vision of the Internal Revenue Code of 1986. appliance credit for appliances graph (3) of section 45(d) is amended by re- designating subparagraph (B) as subpara- (c) TABLE OF CONTENTS.—The table of con- produced after 2007. tents for this Act is as follows: Sec. 306. Accelerated recovery period for de- graph (C) and by inserting after subpara- preciation of smart meters and graph (A) the following new subparagraph: Sec. 1. Short title, etc. smart grid systems. ‘‘(B) EXPANSION OF FACILITY.—Such term TITLE I—ENERGY PRODUCTION Sec. 307. Qualified green building and sus- shall include a new unit placed in service INCENTIVES tainable design projects. after the date of the enactment of this sub- Subtitle A—Renewable Energy Incentives Sec. 308. Special depreciation allowance for paragraph in connection with a facility de- Sec. 101. Renewable energy credit. certain reuse and recycling scribed in subparagraph (A), but only to the Sec. 102. Production credit for electricity property. extent of the increased amount of electricity produced from marine renew- TITLE IV—MISCELLANEOUS ENERGY produced at the facility by reason of such ables. PROVISIONS new unit.’’. Sec. 103. Energy credit. Sec. 401. Special rule to implement FERC (2) CLOSED-LOOP BIOMASS FACILITIES.—Para- Sec. 104. Credit for residential energy effi- and State electric restructuring graph (2) of section 45(d) is amended by re- cient property. policy. designating subparagraph (B) as subpara- Sec. 105. New clean renewable energy bonds. Sec. 402. Modification of credit for produc- graph (C) and inserting after subparagraph Sec. 106. Energy credit for small wind prop- tion from advanced nuclear (A) the following new subparagraph: erty. power facilities. ‘‘(B) EXPANSION OF FACILITY.—Such term Sec. 107. Energy credit for geothermal heat Sec. 403. Income averaging for amounts re- shall include a new unit placed in service pump systems. ceived in connection with the after the date of the enactment of this sub- Exxon Valdez litigation. paragraph in connection with a facility de- Subtitle B—Carbon Mitigation and Coal scribed in subparagraph (A)(i), but only to TITLE V—REVENUE PROVISIONS Provisions the extent of the increased amount of elec- Sec. 111. Expansion and modification of ad- Sec. 501. Limitation of deduction for income tricity produced at the facility by reason of vanced coal project investment attributable to domestic pro- such new unit.’’. credit. duction of oil, gas, or primary (e) MODIFICATION OF RULES FOR HYDRO- Sec. 112. Expansion and modification of coal products thereof. POWER PRODUCTION.—Subparagraph (C) of gasification investment credit. Sec. 502. Tax on crude oil and natural gas section 45(c)(8) is amended to read as follows: Sec. 113. Temporary increase in coal excise produced from the outer Conti- ‘‘(C) NONHYDROELECTRIC DAM.—For pur- tax; funding of Black Lung Dis- nental Shelf in the Gulf of Mex- poses of subparagraph (A), a facility is de- ability Trust Fund. ico. scribed in this subparagraph if— Sec. 114. Special rules for refund of the coal Sec. 503. Elimination of the different treat- ‘‘(i) the hydroelectric project installed on excise tax to certain coal pro- ment of foreign oil and gas ex- the nonhydroelectric dam is licensed by the ducers and exporters. traction income and foreign oil Federal Energy Regulatory Commission and Sec. 115. Tax credit for carbon dioxide se- related income for purposes of meets all other applicable environmental, li- questration. the foreign tax credit. censing, and regulatory requirements, Sec. 116. Carbon audit of the tax code. Sec. 504. Broker reporting of customer’s ‘‘(ii) the nonhydroelectric dam was placed basis in securities transactions. in service before the date of the enactment TITLE II—TRANSPORTATION AND Sec. 505. Increase and extension of Oil Spill of this paragraph and operated for flood con- DOMESTIC FUEL SECURITY PROVISIONS Liability Trust Fund tax. Sec. 201. Inclusion of cellulosic biofuel in trol, navigation, or water supply purposes TITLE VI—OTHER PROVISIONS and did not produce hydroelectric power on bonus depreciation for biomass Sec. 601. Secure rural schools and commu- ethanol plant property. the date of the enactment of this paragraph, nity self-determination pro- and Sec. 202. Credits for biodiesel and renewable gram. diesel. ‘‘(iii) the hydroelectric project is operated Sec. 602. Clarification of uniform definition so that the water surface elevation at any Sec. 203. Clarification that credits for fuel of child. are designed to provide an in- given location and time that would have oc- centive for United States pro- TITLE I—ENERGY PRODUCTION curred in the absence of the hydroelectric duction. INCENTIVES project is maintained, subject to any license Sec. 204. Credit for new qualified plug-in Subtitle A—Renewable Energy Incentives requirements imposed under applicable law electric drive motor vehicles. SEC. 101. RENEWABLE ENERGY CREDIT. that change the water surface elevation for Sec. 205. Extension and modification of al- (a) 3-YEAR EXTENSION.—Each of the fol- the purpose of improving environmental ternative motor vehicle credit. lowing provisions of section 45(d) is amended quality of the affected waterway. Sec. 206. Exclusion from heavy truck tax for by striking ‘‘January 1, 2009’’ and inserting The Secretary, in consultation with the Fed- idling reduction units and ad- ‘‘January 1, 2012’’: eral Energy Regulatory Commission, shall vanced insulation. (1) Paragraph (1). certify if a hydroelectric project licensed at Sec. 207. Extension and modification of al- (2) Clauses (i) and (ii) of paragraph (2)(A). a nonhydroelectric dam meets the criteria in ternative fuel credit. (3) Clauses (i)(I) and (ii) of paragraph clause (iii). Nothing in this section shall af- Sec. 208. Alternative fuel vehicle refueling (3)(A). fect the standards under which the Federal property credit. (4) Paragraph (4). Energy Regulatory Commission issues li- Sec. 209. Certain income and gains relating (5) Paragraph (5). censes for and regulates hydropower projects to alcohol fuels and mixtures, (6) Paragraph (6). under part I of the Federal Power Act.’’. biodiesel fuels and mixtures, (7) Paragraph (7). (f) EFFECTIVE DATE.— and alternative fuels and mix- (8) Paragraph (8). (1) IN GENERAL.—Except as otherwise pro- tures treated as qualifying in- (9) Subparagraphs (A) and (B) of paragraph vided in this subsection, the amendments come for publicly traded part- (9). made by this section shall apply to property nerships. (b) MODIFICATION OF REFINED COAL AS A originally placed in service after December Sec. 210. Extension of ethanol production QUALIFIED ENERGY RESOURCE.— 31, 2008. credit. (1) ELIMINATION OF INCREASED MARKET (2) REFINED COAL.—The amendments made Sec. 211. Credit for producers of fossil free VALUE TEST.—Section 45(c)(7)(A) (defining re- by subsection (b) shall apply to coal pro- alcohol. fined coal) is amended— duced and sold after December 31, 2008.

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(3) TRASH FACILITY CLARIFICATION.—The (B) of section 38(c)(4), as amended by the ‘‘(II) the denominator of which is the lower amendments made by subsection (c) shall Housing Assistance Tax Act of 2008, is heating value of the fuel sources for the sys- apply to electricity produced and sold after amended by redesignating clauses (v) and tem. the date of the enactment of this Act. (vi) as clauses (vi) and (vii), respectively, and ‘‘(ii) DETERMINATIONS MADE ON BTU BASIS.— (4) EXPANSION OF BIOMASS FACILITIES.—The by inserting after clause (iv) the following The energy efficiency percentage and the amendments made by subsection (d) shall new clause: percentages under subparagraph (A)(ii) shall apply to property placed in service after the ‘‘(v) the credit determined under section 46 be determined on a Btu basis. date of the enactment of this Act. to the extent that such credit is attributable ‘‘(iii) INPUT AND OUTPUT PROPERTY NOT IN- SEC. 102. PRODUCTION CREDIT FOR ELEC- to the energy credit determined under sec- CLUDED.—The term ‘combined heat and TRICITY PRODUCED FROM MARINE tion 48,’’. power system property’ does not include RENEWABLES. (c) ENERGY CREDIT FOR COMBINED HEAT AND property used to transport the energy source (a) IN GENERAL.—Paragraph (1) of section POWER SYSTEM PROPERTY.— to the facility or to distribute energy pro- 45(c) is amended by striking ‘‘and’’ at the (1) IN GENERAL.—Section 48(a)(3)(A) is duced by the facility. end of subparagraph (G), by striking the pe- amended by striking ‘‘or’’ at the end of ‘‘(D) SYSTEMS USING BIOMASS.—If a system riod at the end of subparagraph (H) and in- clause (iii), by inserting ‘‘or’’ at the end of is designed to use biomass (within the mean- serting ‘‘, and’’, and by adding at the end the clause (iv), and by adding at the end the fol- ing of paragraphs (2) and (3) of section 45(c) following new subparagraph: lowing new clause: without regard to the last sentence of para- ‘‘(I) marine and hydrokinetic renewable ‘‘(v) combined heat and power system prop- graph (3)(A)) for at least 90 percent of the en- energy.’’. erty,’’. ergy source— (b) MARINE RENEWABLES.—Subsection (c) of (2) COMBINED HEAT AND POWER SYSTEM ‘‘(i) subparagraph (A)(iii) shall not apply, section 45 is amended by adding at the end PROPERTY.—Subsection (c) of section 48 is but the following new paragraph: amended— ‘‘(ii) the amount of credit determined (A) by striking ‘‘QUALIFIED FUEL CELL ‘‘(10) MARINE AND HYDROKINETIC RENEWABLE under subsection (a) with respect to such PROPERTY; QUALIFIED MICROTURBINE PROP- ENERGY.— system shall not exceed the amount which ERTY’’ in the heading and inserting ‘‘DEFINI- ‘‘(A) IN GENERAL.—The term ‘marine and bears the same ratio to such amount of cred- TIONS’’, and hydrokinetic renewable energy’ means en- it (determined without regard to this sub- (B) by adding at the end the following new ergy derived from— paragraph) as the energy efficiency percent- paragraph: ‘‘(i) waves, tides, and currents in oceans, age of such system bears to 60 percent.’’. estuaries, and tidal areas, ‘‘(3) COMBINED HEAT AND POWER SYSTEM (d) INCREASE OF CREDIT LIMITATION FOR ‘‘(ii) free flowing water in rivers, lakes, and PROPERTY.— FUEL CELL PROPERTY.—Subparagraph (B) of streams, ‘‘(A) COMBINED HEAT AND POWER SYSTEM section 48(c)(1) is amended by striking ‘‘$500’’ ‘‘(iii) free flowing water in an irrigation PROPERTY.—The term ‘combined heat and and inserting ‘‘$1,500’’. system, canal, or other man-made channel, power system property’ means property com- including projects that utilize nonmechan- prising a system— (e) PUBLIC UTILITY PROPERTY TAKEN INTO ical structures to accelerate the flow of ‘‘(i) which uses the same energy source for ACCOUNT.— water for electric power production purposes, the simultaneous or sequential generation of (1) IN GENERAL.—Paragraph (3) of section or electrical power, mechanical shaft power, or 48(a) is amended by striking the second sen- ‘‘(iv) differentials in ocean temperature both, in combination with the generation of tence thereof. (ocean thermal energy conversion). steam or other forms of useful thermal en- (2) CONFORMING AMENDMENTS.— ‘‘(B) EXCEPTIONS.—Such term shall not in- ergy (including heating and cooling applica- (A) Paragraph (1) of section 48(c) is amend- clude any energy which is derived from any tions), ed by striking subparagraph (D) and redesig- source which utilizes a dam, diversionary ‘‘(ii) which produces— nating subparagraph (E) as subparagraph structure (except as provided in subpara- ‘‘(I) at least 20 percent of its total useful (D). graph (A)(iii)), or impoundment for electric energy in the form of thermal energy which (B) Paragraph (2) of section 48(c) is amend- power production purposes.’’. is not used to produce electrical or mechan- ed by striking subparagraph (D) and redesig- (c) DEFINITION OF FACILITY.—Subsection (d) ical power (or combination thereof), and nating subparagraph (E) as subparagraph of section 45 is amended by adding at the end ‘‘(II) at least 20 percent of its total useful (D). the following new paragraph: energy in the form of electrical or mechan- (f) EFFECTIVE DATE.— ‘‘(11) MARINE AND HYDROKINETIC RENEWABLE ical power (or combination thereof), (1) IN GENERAL.—Except as otherwise pro- ENERGY FACILITIES.—In the case of a facility ‘‘(iii) the energy efficiency percentage of vided in this subsection, the amendments producing electricity from marine and which exceeds 60 percent, and made by this section shall take effect on the hydrokinetic renewable energy, the term ‘‘(iv) which is placed in service before Jan- date of the enactment of this Act. ‘qualified facility’ means any facility owned uary 1, 2017. (2) ALLOWANCE AGAINST ALTERNATIVE MIN- by the taxpayer— ‘‘(B) LIMITATION.— IMUM TAX.—The amendments made by sub- ‘‘(A) which has a nameplate capacity rat- ‘‘(i) IN GENERAL.—In the case of combined section (b) shall apply to credits determined ing of at least 150 kilowatts, and heat and power system property with an under section 46 of the Internal Revenue ‘‘(B) which is originally placed in service electrical capacity in excess of the applica- Code of 1986 in taxable years beginning after on or after the date of the enactment of this ble capacity placed in service during the tax- the date of the enactment of this Act and to paragraph and before January 1, 2012.’’. able year, the credit under subsection (a)(1) carrybacks of such credits. (d) CREDIT RATE.—Subparagraph (A) of sec- (determined without regard to this para- (3) COMBINED HEAT AND POWER AND FUEL tion 45(b)(4) is amended by striking ‘‘or (9)’’ graph) for such year shall be equal to the CELL PROPERTY.—The amendments made by and inserting ‘‘(9), or (11)’’. amount which bears the same ratio to such subsections (c) and (d) shall apply to periods (e) COORDINATION WITH SMALL IRRIGATION credit as the applicable capacity bears to the after the date of the enactment of this Act, POWER.—Paragraph (5) of section 45(d), as capacity of such property. in taxable years ending after such date, amended by section 101, is amended by strik- ‘‘(ii) APPLICABLE CAPACITY.—For purposes under rules similar to the rules of section ing ‘‘January 1, 2012’’ and inserting ‘‘the date of clause (i), the term ‘applicable capacity’ 48(m) of the Internal Revenue Code of 1986 of the enactment of paragraph (11)’’. means 15 megawatts or a mechanical energy (as in effect on the day before the date of the (f) EFFECTIVE DATE.—The amendments capacity of more than 20,000 horsepower or enactment of the Revenue Reconciliation made by this section shall apply to elec- an equivalent combination of electrical and Act of 1990). tricity produced and sold after the date of mechanical energy capacities. (4) PUBLIC UTILITY PROPERTY.—The amend- the enactment of this Act, in taxable years ‘‘(iii) MAXIMUM CAPACITY.—The term ‘com- ments made by subsection (e) shall apply to ending after such date. bined heat and power system property’ shall periods after February 13, 2008, in taxable SEC. 103. ENERGY CREDIT. not include any property comprising a sys- years ending after such date, under rules (a) EXTENSION OF CREDIT.— tem if such system has a capacity in excess similar to the rules of section 48(m) of the (1) SOLAR ENERGY PROPERTY.—Paragraphs of 50 megawatts or a mechanical energy ca- Internal Revenue Code of 1986 (as in effect on (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are pacity in excess of 67,000 horsepower or an the day before the date of the enactment of each amended by striking ‘‘January 1, 2009’’ equivalent combination of electrical and me- the Revenue Reconciliation Act of 1990). and inserting ‘‘January 1, 2017’’. chanical energy capacities. SEC. 104. CREDIT FOR RESIDENTIAL ENERGY EF- (2) FUEL CELL PROPERTY.—Subparagraph ‘‘(C) SPECIAL RULES.— FICIENT PROPERTY. (E) of section 48(c)(1) is amended by striking ‘‘(i) ENERGY EFFICIENCY PERCENTAGE.—For ‘‘December 31, 2008’’ and inserting ‘‘Decem- purposes of this paragraph, the energy effi- (a) EXTENSION.—Section 25D(g) is amended ber 31, 2016’’. ciency percentage of a system is the frac- by striking ‘‘December 31, 2008’’ and insert- (3) MICROTURBINE PROPERTY.—Subpara- tion— ing ‘‘December 31, 2016’’. graph (E) of section 48(c)(2) is amended by ‘‘(I) the numerator of which is the total (b) MAXIMUM CREDIT FOR SOLAR ELECTRIC striking ‘‘December 31, 2008’’ and inserting useful electrical, thermal, and mechanical PROPERTY.— ‘‘December 31, 2016’’. power produced by the system at normal op- (1) IN GENERAL.—Section 25D(b)(1)(A) is (b) ALLOWANCE OF ENERGY CREDIT AGAINST erating rates, and expected to be consumed amended by striking ‘‘$2,000’’ and inserting ALTERNATIVE MINIMUM TAX.—Subparagraph in its normal application, and ‘‘$4,000’’.

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(2) CONFORMING AMENDMENT.—Section the United States and used as a residence by SEC. 105. NEW CLEAN RENEWABLE ENERGY 25D(e)(4)(A)(i) is amended by striking the taxpayer. BONDS. ‘‘$6,667’’ and inserting ‘‘$13,333’’. ‘‘(B) QUALIFIED GEOTHERMAL HEAT PUMP (a) IN GENERAL.—Subpart I of part IV of subchapter A of chapter 1 is amended by add- (c) CREDIT FOR RESIDENTIAL WIND PROP- PROPERTY.—The term ‘qualified geothermal ing at the end the following new section: ERTY.— heat pump property’ means any equipment (1) IN GENERAL.—Section 25D(a) is amended which— ‘‘SEC. 54C. NEW CLEAN RENEWABLE ENERGY BONDS. by striking ‘‘and’’ at the end of paragraph ‘‘(i) uses the ground or ground water as a ‘‘(a) NEW CLEAN RENEWABLE ENERGY (2), by striking the period at the end of para- thermal energy source to heat the dwelling BOND.—For purposes of this subpart, the graph (3) and inserting ‘‘, and’’, and by add- unit referred to in subparagraph (A) or as a thermal energy sink to cool such dwelling term ‘new clean renewable energy bond’ ing at the end the following new paragraph: means any bond issued as part of an issue unit, and ‘‘(4) 30 percent of the qualified small wind if— ‘‘(ii) meets the requirements of the Energy energy property expenditures made by the ‘‘(1) 100 percent of the available project Star program which are in effect at the time taxpayer during such year.’’. proceeds of such issue are to be used for cap- that the expenditure for such equipment is (2) LIMITATION.—Section 25D(b)(1) is ital expenditures incurred by governmental made.’’. amended by striking ‘‘and’’ at the end of sub- bodies, public power providers, or coopera- (4) MAXIMUM EXPENDITURES IN CASE OF paragraph (B), by striking the period at the tive electric companies for one or more JOINT OCCUPANCY.—Section 25D(e)(4)(A), as end of subparagraph (C) and inserting ‘‘, qualified renewable energy facilities, amended by subsection (c), is amended by and’’, and by adding at the end the following ‘‘(2) the bond is issued by a qualified issuer, new subparagraph: striking ‘‘and’’ at the end of clause (iii), by and ‘‘(D) $500 with respect to each half kilowatt striking the period at the end of clause (iv) ‘‘(3) the issuer designates such bond for of capacity (not to exceed $4,000) of wind tur- and inserting ‘‘, and’’, and by adding at the purposes of this section. bines for which qualified small wind energy end the following new clause: ‘‘(b) REDUCED CREDIT AMOUNT.—The annual property expenditures are made.’’. ‘‘(v) $6,667 in the case of any qualified geo- credit determined under section 54A(b) with (3) QUALIFIED SMALL WIND ENERGY PROP- thermal heat pump property expenditures.’’. respect to any new clean renewable energy ERTY EXPENDITURES.— (e) CREDIT ALLOWED AGAINST ALTERNATIVE bond shall be 70 percent of the amount so de- (A) IN GENERAL.—Section 25D(d) is amend- MINIMUM TAX.— termined without regard to this subsection. ed by adding at the end the following new (1) IN GENERAL.—Subsection (c) of section ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES- paragraph: 25D is amended to read as follows: IGNATED.— ‘‘(4) QUALIFIED SMALL WIND ENERGY PROP- ‘‘(1) IN GENERAL.—The maximum aggregate ERTY EXPENDITURE.—The term ‘qualified ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX; face amount of bonds which may be des- small wind energy property expenditure’ CARRYFORWARD OF UNUSED CREDIT.— ignated under subsection (a) by any issuer means an expenditure for property which ‘‘(1) LIMITATION BASED ON AMOUNT OF TAX.— shall not exceed the limitation amount allo- uses a wind turbine to generate electricity In the case of a taxable year to which section cated under this subsection to such issuer. for use in connection with a dwelling unit lo- 26(a)(2) does not apply, the credit allowed ‘‘(2) NATIONAL LIMITATION ON AMOUNT OF cated in the United States and used as a resi- under subsection (a) for the taxable year BONDS DESIGNATED.—There is a national new dence by the taxpayer.’’. shall not exceed the excess of— clean renewable energy bond limitation of (B) NO DOUBLE BENEFIT.—Section 45(d)(1) is ‘‘(A) the sum of the regular tax liability $2,000,000,000 which shall be allocated by the amended by adding at the end the following (as defined in section 26(b)) plus the tax im- Secretary as provided in paragraph (3), ex- new sentence: ‘‘Such term shall not include posed by section 55, over cept that— any facility with respect to which any quali- ‘‘(B) the sum of the credits allowable under ‘‘(A) not more than 331⁄3 percent thereof fied small wind energy property expenditure this subpart (other than this section) and may be allocated to qualified projects of pub- (as defined in subsection (d)(4) of section section 27 for the taxable year. lic power providers, 25D) is taken into account in determining ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.— ‘‘(B) not more than 331⁄3 percent thereof the credit under such section.’’. ‘‘(A) RULE FOR YEARS IN WHICH ALL PER- may be allocated to qualified projects of gov- (4) MAXIMUM EXPENDITURES IN CASE OF SONAL CREDITS ALLOWED AGAINST REGULAR ernmental bodies, and 1 JOINT OCCUPANCY.—Section 25D(e)(4)(A) is AND ALTERNATIVE MINIMUM TAX.—In the case ‘‘(C) not more than 33 ⁄3 percent thereof amended by striking ‘‘and’’ at the end of of a taxable year to which section 26(a)(2) ap- may be allocated to qualified projects of co- clause (ii), by striking the period at the end plies, if the credit allowable under sub- operative electric companies. of clause (iii) and inserting ‘‘, and’’, and by section (a) exceeds the limitation imposed by ‘‘(3) METHOD OF ALLOCATION.— adding at the end the following new clause: section 26(a)(2) for such taxable year reduced ‘‘(A) ALLOCATION AMONG PUBLIC POWER PRO- ‘‘(iv) $1,667 in the case of each half kilo- by the sum of the credits allowable under VIDERS.—After the Secretary determines the watt of capacity (not to exceed $13,333) of this subpart (other than this section), such qualified projects of public power providers wind turbines for which qualified small wind excess shall be carried to the succeeding tax- which are appropriate for receiving an allo- energy property expenditures are made.’’. able year and added to the credit allowable cation of the national new clean renewable under subsection (a) for such succeeding tax- energy bond limitation, the Secretary shall, (d) CREDIT FOR GEOTHERMAL HEAT PUMP able year. to the maximum extent practicable, make SYSTEMS.— ‘‘(B) RULE FOR OTHER YEARS.—In the case allocations among such projects in such (1) IN GENERAL.—Section 25D(a), as amend- manner that the amount allocated to each ed by subsection (c), is amended by striking of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under such project bears the same ratio to the cost ‘‘and’’ at the end of paragraph (3), by strik- of such project as the limitation under para- ing the period at the end of paragraph (4) and subsection (a) exceeds the limitation im- posed by paragraph (1) for such taxable year, graph (2)(A) bears to the cost of all such inserting ‘‘, and’’, and by adding at the end projects. the following new paragraph: such excess shall be carried to the suc- ‘‘(B) ALLOCATION AMONG GOVERNMENTAL ‘‘(5) 30 percent of the qualified geothermal ceeding taxable year and added to the credit allowable under subsection (a) for such suc- BODIES AND COOPERATIVE ELECTRIC COMPA- heat pump property expenditures made by NIES.—The Secretary shall make allocations the taxpayer during such year.’’. ceeding taxable year.’’. (2) CONFORMING AMENDMENTS.— of the amount of the national new clean re- (2) LIMITATION.—Section 25D(b)(1), as (A) Section 23(b)(4)(B) is amended by in- newable energy bond limitation described in amended by subsection (c), is amended by paragraphs (2)(B) and (2)(C) among qualified striking ‘‘and’’ at the end of subparagraph serting ‘‘and section 25D’’ after ‘‘this sec- tion’’. projects of governmental bodies and coopera- (C), by striking the period at the end of sub- tive electric companies, respectively, in such paragraph (D) and inserting ‘‘, and’’, and by (B) Section 24(b)(3)(B) is amended by strik- ing ‘‘and 25B’’ and inserting ‘‘, 25B, and 25D’’. manner as the Secretary determines appro- adding at the end the following new subpara- priate. graph: (C) Section 25B(g)(2) is amended by strik- ing ‘‘section 23’’ and inserting ‘‘sections 23 ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(E) $2,000 with respect to any qualified tion— and 25D’’. geothermal heat pump property expendi- ‘‘(1) QUALIFIED RENEWABLE ENERGY FACIL- (D) Section 26(a)(1) is amended by striking tures.’’. ITY.—The term ‘qualified renewable energy ‘‘and 25B’’ and inserting ‘‘25B, and 25D’’. (3) QUALIFIED GEOTHERMAL HEAT PUMP facility’ means a qualified facility (as deter- PROPERTY EXPENDITURE.—Section 25D(d), as (f) EFFECTIVE DATE.— mined under section 45(d) without regard to amended by subsection (c), is amended by (1) IN GENERAL.—The amendments made by paragraphs (8) and (10) thereof and to any adding at the end the following new para- this section shall apply to taxable years be- placed in service date) owned by a public graph: ginning after December 31, 2007. power provider, a governmental body, or a ‘‘(5) QUALIFIED GEOTHERMAL HEAT PUMP (2) APPLICATION OF EGTRRA SUNSET.—The cooperative electric company. PROPERTY EXPENDITURE.— amendments made by subparagraphs (A) and ‘‘(2) PUBLIC POWER PROVIDER.—The term ‘‘(A) IN GENERAL.—The term ‘qualified geo- (B) of subsection (e)(2) shall be subject to ‘public power provider’ means a State utility thermal heat pump property expenditure’ title IX of the Economic Growth and Tax Re- with a service obligation, as such terms are means an expenditure for qualified geo- lief Reconciliation Act of 2001 in the same defined in section 217 of the Federal Power thermal heat pump property installed on or manner as the provisions of such Act to Act (as in effect on the date of the enact- in connection with a dwelling unit located in which such amendments relate. ment of this paragraph).

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‘‘(3) GOVERNMENTAL BODY.—The term ‘gov- during the taxable year, the credit otherwise (2) APPLICATION PERIOD FOR ADDITIONAL ernmental body’ means any State or Indian determined under subsection (a)(1) for such PROJECTS.—Subparagraph (A) of section tribal government, or any political subdivi- year with respect to such property shall not 48A(d)(2) is amended to read as follows: sion thereof. exceed $4,000 with respect to any taxpayer. ‘‘(A) APPLICATION PERIOD.—Each applicant ‘‘(4) COOPERATIVE ELECTRIC COMPANY.—The ‘‘(C) QUALIFYING SMALL WIND TURBINE.—The for certification under this paragraph shall term ‘cooperative electric company’ means a term ‘qualifying small wind turbine’ means a submit an application meeting the require- mutual or cooperative electric company de- wind turbine which— ments of subparagraph (B). An applicant scribed in section 501(c)(12) or section ‘‘(i) has a nameplate capacity of not more may only submit an application— 1381(a)(2)(C). than 100 kilowatts, and ‘‘(i) for an allocation from the dollar ‘‘(5) CLEAN RENEWABLE ENERGY BOND LEND- ‘‘(ii) meets the performance standards of amount specified in clause (i) or (ii) of para- ER.—The term ‘clean renewable energy bond the American Wind Energy Association. graph (3)(B) during the 3-year period begin- lender’ means a lender which is a cooperative ‘‘(D) TERMINATION.—The term ‘qualified ning on the date the Secretary establishes which is owned by, or has outstanding loans small wind energy property’ shall not in- the program under paragraph (1), and to, 100 or more cooperative electric compa- clude any property for any period after De- ‘‘(ii) for an allocation from the dollar nies and is in existence on February 1, 2002, cember 31, 2016.’’. amount specified in paragraph (3)(B)(iii) dur- and shall include any affiliated entity which (d) CONFORMING AMENDMENT.—Section ing the 3-year period beginning at the earlier is controlled by such lender. 48(a)(1) is amended by striking ‘‘paragraphs of the termination of the period described in ‘‘(6) QUALIFIED ISSUER.—The term ‘quali- (1)(B) and (2)(B)’’ and inserting ‘‘paragraphs clause (i) or the date prescribed by the Sec- fied issuer’ means a public power provider, a (1)(B), (2)(B), (3)(B), and (4)(B)’’. retary.’’. cooperative electric company, a govern- (e) EFFECTIVE DATE.—The amendments (3) CAPTURE AND SEQUESTRATION OF CARBON mental body, a clean renewable energy bond made by this section shall apply to periods DIOXIDE EMISSIONS REQUIREMENT.— lender, or a not-for-profit electric utility after the date of the enactment of this Act, (A) IN GENERAL.—Section 48A(e)(1) is which has received a loan or loan guarantee in taxable years ending after such date, amended by striking ‘‘and’’ at the end of sub- under the Rural Electrification Act.’’. under rules similar to the rules of section paragraph (E), by striking the period at the (b) CONFORMING AMENDMENTS.— 48(m) of the Internal Revenue Code of 1986 end of subparagraph (F) and inserting ‘‘; (1) Paragraph (1) of section 54A(d) is (as in effect on the day before the date of the and’’, and by adding at the end the following amended to read as follows: enactment of the Revenue Reconciliation new subparagraph: ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term Act of 1990). ‘‘(G) in the case of any project the applica- ‘qualified tax credit bond’ means— SEC. 107. ENERGY CREDIT FOR GEOTHERMAL tion for which is submitted during the period ‘‘(A) a qualified forestry conservation HEAT PUMP SYSTEMS. described in subsection (d)(2)(A)(ii), the bond, or (a) IN GENERAL.—Subparagraph (A) of sec- project includes equipment which separates ‘‘(B) a new clean renewable energy bond, tion 48(a)(3), as amended by this Act, is and sequesters at least 65 percent (70 percent which is part of an issue that meets require- amended by striking ‘‘or’’ at the end of in the case of an application for reallocated ments of paragraphs (2), (3), (4), (5), and (6).’’. clause (v), by inserting ‘‘or’’ at the end of credits under subsection (d)(4)) of such (2) Subparagraph (C) of section 54A(d)(2) is clause (vi), and by adding at the end the fol- project’s total carbon dioxide emissions.’’. amended to read as follows: lowing new clause: (B) HIGHEST PRIORITY FOR PROJECTS WHICH ‘‘(vii) equipment which uses the ground or ‘‘(C) QUALIFIED PURPOSE.—For purposes of SEQUESTER CARBON DIOXIDE EMISSIONS.—Sec- this paragraph, the term ‘qualified purpose’ ground water as a thermal energy source to tion 48A(e)(3) is amended by striking ‘‘and’’ means— heat a structure or as a thermal energy sink at the end of subparagraph (A)(iii), by strik- ‘‘(i) in the case of a qualified forestry con- to cool a structure, but only with respect to ing the period at the end of subparagraph servation bond, a purpose specified in section periods ending before January 1, 2017,’’. (B)(iii) and inserting ‘‘, and’’, and by adding (b) EFFECTIVE DATE.—The amendments 54B(e), and at the end the following new subparagraph: made by this section shall apply to periods ‘‘(ii) in the case of a new clean renewable ‘‘(C) give highest priority to projects with after the date of the enactment of this Act, the greatest separation and sequestration energy bond, a purpose specified in section in taxable years ending after such date, 54C(a)(1).’’. percentage of total carbon dioxide emis- under rules similar to the rules of section sions.’’. (3) The table of sections for subpart I of 48(m) of the Internal Revenue Code of 1986 (C) RECAPTURE OF CREDIT FOR FAILURE TO part IV of subchapter A of chapter 1 is (as in effect on the day before the date of the SEQUESTER.—Section 48A is amended by add- amended by adding at the end the following enactment of the Revenue Reconciliation new item: ing at the end the following new subsection: Act of 1990). ‘‘(i) RECAPTURE OF CREDIT FOR FAILURE TO ‘‘Sec. 54C. Qualified clean renewable energy Subtitle B—Carbon Mitigation and Coal SEQUESTER.—The Secretary shall provide for bonds.’’. Provisions recapturing the benefit of any credit allow- (c) EXTENSION FOR CLEAN RENEWABLE EN- SEC. 111. EXPANSION AND MODIFICATION OF AD- able under subsection (a) with respect to any ERGY BONDS.—Subsection (m) of section 54 is VANCED COAL PROJECT INVEST- project which fails to attain or maintain the amended by striking ‘‘December 31, 2008’’ and MENT CREDIT. separation and sequestration requirements inserting ‘‘December 31, 2009’’. (a) MODIFICATION OF CREDIT AMOUNT.—Sec- of subsection (e)(1)(G).’’. (d) EFFECTIVE DATE.—The amendments tion 48A(a) is amended by striking ‘‘and’’ at (4) ADDITIONAL PRIORITY FOR RESEARCH made by this section shall apply to obliga- the end of paragraph (1), by striking the pe- PARTNERSHIPS.—Section 48A(e)(3)(B), as tions issued after the date of the enactment riod at the end of paragraph (2) and inserting amended by paragraph (3)(B), is amended— of this Act. ‘‘, and’’, and by adding at the end the fol- (A) by striking ‘‘and’’ at the end of clause SEC. 106. ENERGY CREDIT FOR SMALL WIND lowing new paragraph: (ii), PROPERTY. ‘‘(3) 30 percent of the qualified investment (B) by redesignating clause (iii) as clause (a) IN GENERAL.—Section 48(a)(3)(A), as for such taxable year in the case of projects (iv), and amended by subsection (c), is amended by described in clause (iii) of subsection (C) by inserting after clause (ii) the fol- striking ‘‘or’’ at the end of clause (iv), by (d)(3)(B).’’. lowing new clause: adding ‘‘or’’ at the end of clause (v), and by (b) EXPANSION OF AGGREGATE CREDITS.— ‘‘(iii) applicant participants who have a re- inserting after clause (v) the following new Section 48A(d)(3)(A) is amended by striking search partnership with an eligible edu- clause: ‘‘$1,300,000,000’’ and inserting ‘‘$3,300,000,000’’. cational institution (as defined in section ‘‘(vi) qualified small wind energy prop- (c) AUTHORIZATION OF ADDITIONAL 529(e)(5)), and’’. erty,’’. PROJECTS.— (5) CLERICAL AMENDMENT.—Section (b) 30 PERCENT CREDIT.—Section (1) IN GENERAL.—Subparagraph (B) of sec- 48A(e)(3) is amended by striking ‘‘INTE- 48(a)(2)(A)(i) is amended by striking ‘‘and’’ at tion 48A(d)(3) is amended to read as follows: GRATED GASIFICATION COMBINED CYCLE’’ in the the end of subclause (II) and by inserting ‘‘(B) PARTICULAR PROJECTS.—Of the dollar heading and inserting ‘‘CERTAIN’’. after subclause (III) the following new sub- amount in subparagraph (A), the Secretary (d) DISCLOSURE OF ALLOCATIONS.—Section clause: is authorized to certify— 48A(d) is amended by adding at the end the ‘‘(IV) qualified small wind energy property, ‘‘(i) $800,000,000 for integrated gasification following new paragraph: and’’. combined cycle projects the application for ‘‘(5) DISCLOSURE OF ALLOCATIONS.—The Sec- (c) QUALIFIED SMALL WIND ENERGY PROP- which is submitted during the period de- retary shall, upon making a certification ERTY.—Section 48(c) is amended by adding at scribed in paragraph (2)(A)(i), under this subsection or section 48B(d), pub- the end the following new paragraph: ‘‘(ii) $500,000,000 for projects which use licly disclose the identity of the applicant ‘‘(4) QUALIFIED SMALL WIND ENERGY PROP- other advanced coal-based generation tech- and the amount of the credit certified with ERTY.— nologies the application for which is sub- respect to such applicant.’’. ‘‘(A) IN GENERAL.—The term ‘qualified mitted during the period described in para- (e) EFFECTIVE DATES.— small wind energy property’ means property graph (2)(A)(i), and (1) IN GENERAL.—Except as otherwise pro- which uses a qualifying small wind turbine ‘‘(iii) $2,000,000,000 for advanced coal-based vided in this subsection, the amendments to generate electricity. generation technology projects the applica- made by this section shall apply to credits ‘‘(B) LIMITATION.—In the case of qualified tion for which is submitted during the period the application for which is submitted dur- small wind energy property placed in service described in paragraph (2)(A)(ii).’’. ing the period described in section

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48A(d)(2)(A)(ii) of the Internal Revenue Code (B) REFINANCING DATE.—The term ‘‘refi- (A) the market value of the outstanding re- of 1986 and which are allocated or reallocated nancing date’’ means the date occurring 2 payable advances, plus accrued interest; and after the date of the enactment of this Act. days after the enactment of this Act. (B) the proceeds from the obligations (2) DISCLOSURE OF ALLOCATIONS.—The (C) REPAYABLE ADVANCE.—The term ‘‘re- issued by the Trust Fund to the Secretary of amendment made by subsection (d) shall payable advance’’ means an amount that has the Treasury under paragraph (2)(A)(i). apply to certifications made after the date of been appropriated to the Trust Fund in order (4) PREPAYMENT OF TRUST FUND OBLIGA- the enactment of this Act. to make benefit payments and other expendi- TIONS.—The Trust Fund is authorized to (3) CLERICAL AMENDMENT.—The amendment tures that are authorized under section 9501 repay any obligation issued to the Secretary made by subsection (c)(5) shall take effect as of the Internal Revenue Code of 1986 and are of the Treasury under subparagraphs (A)(i) if included in the amendment made by sec- required to be repaid when the Secretary of and (B) of paragraph (2) prior to its maturity tion 1307(b) of the Energy Tax Incentives Act the Treasury determines that monies are date by paying a prepayment price that of 2005. available in the Trust Fund for such purpose. would, if the obligation being prepaid (in- SEC. 112. EXPANSION AND MODIFICATION OF (D) TREASURY RATE.—The term ‘‘Treasury cluding all unpaid interest accrued thereon COAL GASIFICATION INVESTMENT rate’’ means a rate determined by the Sec- through the date of prepayment) were pur- CREDIT. retary of the Treasury, taking into consider- chased by a third party and held to the ma- (a) MODIFICATION OF CREDIT AMOUNT.—Sec- ation current market yields on outstanding turity date of such obligation, produce a tion 48B(a) is amended by inserting ‘‘(30 per- marketable obligations of the United States yield to the third-party purchaser for the pe- cent in the case of credits allocated under of comparable maturities. riod from the date of purchase to the matu- subsection (d)(1)(B))’’ after ‘‘20 percent’’. (E) TREASURY 1-YEAR RATE.—The term rity date of such obligation substantially (b) EXPANSION OF AGGREGATE CREDITS.— ‘‘Treasury 1-year rate’’ means a rate deter- equal to the Treasury yield on outstanding Section 48B(d)(1) is amended by striking mined by the Secretary of the Treasury, tak- ‘‘shall not exceed $350,000,000’’ and all that marketable obligations of the United States ing into consideration current market yields having a comparable maturity to this period. follows and inserting ‘‘shall not exceed— on outstanding marketable obligations of SEC. 114. SPECIAL RULES FOR REFUND OF THE ‘‘(A) $350,000,000, plus the United States with remaining periods to ‘‘(B) $500,000,000 for qualifying gasification COAL EXCISE TAX TO CERTAIN COAL maturity of approximately 1 year, to have PRODUCERS AND EXPORTERS. projects that include equipment which sepa- been in effect as of the close of business 1 rates and sequesters at least 75 percent of (a) REFUND.— business day prior to the date on which the (1) COAL PRODUCERS.— such project’s total carbon dioxide emis- Trust Fund issues obligations to the Sec- sions.’’. (A) IN GENERAL.—Notwithstanding sub- retary of the Treasury under paragraph sections (a)(1) and (c) of section 6416 and sec- (c) RECAPTURE OF CREDIT FOR FAILURE TO (2)(B). SEQUESTER.—Section 48B is amended by add- tion 6511 of the Internal Revenue Code of (2) REFINANCING OF OUTSTANDING PRINCIPAL ing at the end the following new subsection: 1986, if— OF REPAYABLE ADVANCES AND UNPAID INTER- ‘‘(f) RECAPTURE OF CREDIT FOR FAILURE TO (i) a coal producer establishes that such EST ON SUCH ADVANCES.— SEQUESTER.—The Secretary shall provide for coal producer, or a party related to such coal (A) TRANSFER TO GENERAL FUND.—On the recapturing the benefit of any credit allow- producer, exported coal produced by such refinancing date, the Trust Fund shall repay able under subsection (a) with respect to any coal producer to a foreign country or shipped the market value of the outstanding repay- project which fails to attain or maintain the coal produced by such coal producer to a pos- able advances, plus accrued interest, by separation and sequestration requirements session of the United States, or caused such transferring into the general fund of the for such project under subsection (d)(1).’’. coal to be exported or shipped, the export or Treasury the following sums: (d) SELECTION PRIORITIES.—Section 48B(d) shipment of which was other than through (i) The proceeds from obligations that the is amended by adding at the end the fol- an exporter who meets the requirements of Trust Fund shall issue to the Secretary of lowing new paragraph: paragraph (2), the Treasury in such amounts as the Secre- ‘‘(4) SELECTION PRIORITIES.—In determining (ii) such coal producer filed an excise tax taries of Labor and the Treasury shall deter- which qualifying gasification projects to cer- return on or after October 1, 1990, and on or mine and bearing interest at the Treasury tify under this section, the Secretary shall— before the date of the enactment of this Act, rate, and that shall be in such forms and de- ‘‘(A) give highest priority to projects with and the greatest separation and sequestration nominations and be subject to such other terms and conditions, including maturity, as (iii) such coal producer files a claim for re- percentage of total carbon dioxide emissions, fund with the Secretary not later than the and the Secretary of the Treasury shall pre- scribe. close of the 30-day period beginning on the ‘‘(B) give high priority to applicant par- date of the enactment of this Act, ticipants who have a research partnership (ii) All, or that portion, of the appropria- then the Secretary shall pay to such coal with an eligible educational institution (as tion made to the Trust Fund pursuant to producer an amount equal to the tax paid defined in section 529(e)(5)).’’. paragraph (3) that is needed to cover the dif- under section 4121 of such Code on such coal (e) EFFECTIVE DATE.—The amendments ference defined in that paragraph. made by this section shall apply to credits (B) REPAYMENT OF OBLIGATIONS.—In the exported or shipped by the coal producer or described in section 48B(d)(1)(B) of the Inter- event that the Trust Fund is unable to repay a party related to such coal producer, or nal Revenue Code of 1986 which are allocated the obligations that it has issued to the Sec- caused by the coal producer or a party re- or reallocated after the date of the enact- retary of the Treasury under subparagraph lated to such coal producer to be exported or ment of this Act. (A)(i) and this subparagraph, or is unable to shipped. PECIAL RULES FOR CERTAIN TAX SEC. 113. TEMPORARY INCREASE IN COAL EXCISE make benefit payments and other authorized (B) S - TAX; FUNDING OF BLACK LUNG DIS- expenditures, the Trust Fund shall issue ob- PAYERS.—For purposes of this section— ABILITY TRUST FUND. ligations to the Secretary of the Treasury in (i) IN GENERAL.—If a coal producer or a (a) EXTENSION OF TEMPORARY INCREASE.— such amounts as may be necessary to make party related to a coal producer has received Paragraph (2) of section 4121(e) is amended— such repayments, payments, and expendi- a judgment described in clause (iii), such (1) by striking ‘‘January 1, 2014’’ in sub- tures, with a maturity of 1 year, and bearing coal producer shall be deemed to have estab- paragraph (A) and inserting ‘‘December 31, interest at the Treasury 1-year rate. These lished the export of coal to a foreign country 2018’’, and obligations shall be in such forms and de- or shipment of coal to a possession of the (2) by striking ‘‘January 1 after 1981’’ in nominations and be subject to such other United States under subparagraph (A)(i). subparagraph (B) and inserting ‘‘December 31 terms and conditions as the Secretary of the (ii) AMOUNT OF PAYMENT.—If a taxpayer de- after 2007’’. Treasury shall prescribe. scribed in clause (i) is entitled to a payment (b) RESTRUCTURING OF TRUST FUND DEBT.— (C) AUTHORITY TO ISSUE OBLIGATIONS.—The under subparagraph (A), the amount of such (1) DEFINITIONS.—For purposes of this sub- Trust Fund is authorized to issue obligations payment shall be reduced by any amount section— to the Secretary of the Treasury under sub- paid pursuant to the judgment described in (A) MARKET VALUE OF THE OUTSTANDING RE- paragraphs (A)(i) and (B). The Secretary of clause (iii). PAYABLE ADVANCES, PLUS ACCRUED INTER- the Treasury is authorized to purchase such (iii) JUDGMENT DESCRIBED.—A judgment is EST.—The term ‘‘market value of the out- obligations of the Trust Fund. For the pur- described in this subparagraph if such judg- standing repayable advances, plus accrued poses of making such purchases, the Sec- ment— interest’’ means the present value (deter- retary of the Treasury may use as a public (I) is made by a court of competent juris- mined by the Secretary of the Treasury as of debt transaction the proceeds from the sale diction within the United States, the refinancing date and using the Treasury of any securities issued under chapter 31 of (II) relates to the constitutionality of any rate as the discount rate) of the stream of title 31, United States Code, and the pur- tax paid on exported coal under section 4121 principal and interest payments derived as- poses for which securities may be issued of the Internal Revenue Code of 1986, and suming that each repayable advance that is under such chapter are extended to include (III) is in favor of the coal producer or the outstanding on the refinancing date is due any purchase of such Trust Fund obligations party related to the coal producer. on the 30th anniversary of the end of the fis- under this subparagraph. (2) EXPORTERS.—Notwithstanding sub- cal year in which the advance was made to (3) ONE-TIME APPROPRIATION.—There is sections (a)(1) and (c) of section 6416 and sec- the Trust Fund, and that all such principal hereby appropriated to the Trust Fund an tion 6511 of the Internal Revenue Code of and interest payments are made on Sep- amount sufficient to pay to the general fund 1986, and a judgment described in paragraph tember 30 of the applicable fiscal year. of the Treasury the difference between— (1)(B)(iii) of this subsection, if—

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(A) an exporter establishes that such ex- is filed. If the Secretary determines that the ‘‘(c) QUALIFIED FACILITY.—For purposes of porter exported coal to a foreign country or requirements of this section are met, the this section, the term ‘qualified facility’ shipped coal to a possession of the United claim for refund shall be paid not later than means any industrial facility— States, or caused such coal to be so exported 180 days after the Secretary makes such de- ‘‘(1) which is owned by the taxpayer, or shipped, termination. ‘‘(2) at which carbon capture equipment is (B) such exporter filed a tax return on or (f) INTEREST.—Any refund paid pursuant to placed in service, and after October 1, 1990, and on or before the this section shall be paid by the Secretary ‘‘(3) which captures not less than 500,000 date of the enactment of this Act, and with interest from the date of overpayment metric tons of carbon dioxide during the tax- (C) such exporter files a claim for refund determined by using the overpayment rate able year. with the Secretary not later than the close and method under section 6621 of the Inter- ‘‘(d) SPECIAL RULES AND OTHER DEFINI- of the 30-day period beginning on the date of nal Revenue Code of 1986. TIONS.—For purposes of this section— the enactment of this Act, (g) DENIAL OF DOUBLE BENEFIT.—The pay- ‘‘(1) ONLY CARBON DIOXIDE CAPTURED AND ment under subsection (a) with respect to DISPOSED OF OR USED WITHIN THE UNITED then the Secretary shall pay to such ex- any coal shall not exceed— STATES TAKEN INTO ACCOUNT.—The credit porter an amount equal to $0.825 per ton of (1) in the case of a payment to a coal pro- under this section shall apply only with re- such coal exported by the exporter or caused ducer, the amount of tax paid under section spect to qualified carbon dioxide the capture to be exported or shipped, or caused to be ex- 4121 of the Internal Revenue Code of 1986 and disposal or use of which is within— ported or shipped, by the exporter. with respect to such coal by such coal pro- ‘‘(A) the United States (within the mean- (b) LIMITATIONS.—Subsection (a) shall not ducer or a party related to such coal pro- ing of section 638(1)), or apply with respect to exported coal if a set- ducer, and ‘‘(B) a possession of the United States tlement with the Federal Government has (2) in the case of a payment to an exporter, (within the meaning of section 638(2)). been made with and accepted by, the coal an amount equal to $0.825 per ton with re- ‘‘(2) SECURE GEOLOGICAL STORAGE.—The producer, a party related to such coal pro- spect to such coal exported by the exporter Secretary, in consultation with the Adminis- ducer, or the exporter, of such coal, as of the or caused to be exported by the exporter. trator of the Environmental Protection date that the claim is filed under this sec- (h) APPLICATION OF SECTION.—This section Agency, shall establish regulations for deter- tion with respect to such exported coal. For applies only to claims on coal exported or mining adequate security measures for the purposes of this subsection, the term ‘‘settle- shipped on or after October 1, 1990, through geological storage of carbon dioxide under ment with the Federal Government’’ shall the date of the enactment of this Act. subsection (a)(1)(B) such that the carbon di- not include any settlement or stipulation en- (i) STANDING NOT CONFERRED.— oxide does not escape into the atmosphere. tered into as of the date of the enactment of (1) EXPORTERS.—With respect to exporters, Such term shall include storage at deep sa- this Act, the terms of which contemplate a this section shall not confer standing upon line formations and unminable coal seems judgment concerning which any party has an exporter to commence, or intervene in, under such conditions as the Secretary may reserved the right to file an appeal, or has any judicial or administrative proceeding determine under such regulations. filed an appeal. concerning a claim for refund by a coal pro- ‘‘(3) TERTIARY INJECTANT.—The term ‘ter- (c) SUBSEQUENT REFUND PROHIBITED.—No ducer of any Federal or State tax, fee, or tiary injectant’ has the same meaning as refund shall be made under this section to royalty paid by the coal producer. when used within section 193(b)(1). the extent that a credit or refund of such tax (2) COAL PRODUCERS.—With respect to coal ‘‘(4) QUALIFIED ENHANCED OIL OR NATURAL on such exported or shipped coal has been producers, this section shall not confer GAS RECOVERY PROJECT.—The term ‘qualified paid to any person. standing upon a coal producer to commence, enhanced oil or natural gas recovery project’ (d) DEFINITIONS.—For purposes of this sec- or intervene in, any judicial or administra- has the meaning given the term ‘qualified tion— tive proceeding concerning a claim for re- enhanced oil recovery project’ by section (1) COAL PRODUCER.—The term ‘‘coal pro- fund by an exporter of any Federal or State 43(c)(2), by substituting ‘crude oil or natural ducer’’ means the person in whom is vested tax, fee, or royalty paid by the producer and gas’ for ‘crude oil’ in subparagraph (A)(i) ownership of the coal immediately after the alleged to have been passed on to an ex- thereof. coal is severed from the ground, without re- porter. ‘‘(5) CREDIT ATTRIBUTABLE TO TAXPAYER.— gard to the existence of any contractual ar- SEC. 115. TAX CREDIT FOR CARBON DIOXIDE SE- Any credit under this section shall be attrib- rangement for the sale or other disposition QUESTRATION. utable to the person that captures and phys- of the coal or the payment of any royalties (a) IN GENERAL.—Subpart D of part IV of ically or contractually ensures the disposal between the producer and third parties. The subchapter A of chapter 1 (relating to busi- of or the use as a tertiary injectant of the term includes any person who extracts coal ness credits) is amended by adding at the end qualified carbon dioxide, except to the ex- from coal waste refuse piles or from the silt the following new section: tent provided in regulations prescribed by waste product which results from the wet ‘‘SEC. 45Q. CREDIT FOR CARBON DIOXIDE SE- the Secretary. washing (or similar processing) of coal. QUESTRATION. ‘‘(6) RECAPTURE.—The Secretary shall, by (2) EXPORTER.—The term ‘‘exporter’’ means ‘‘(a) GENERAL RULE.—For purposes of sec- regulations, provide for recapturing the ben- a person, other than a coal producer, who tion 38, the carbon dioxide sequestration efit of any credit allowable under subsection does not have a contract, fee arrangement, credit for any taxable year is an amount (a) with respect to any qualified carbon diox- or any other agreement with a producer or equal to the sum of— ide which ceases to be captured, disposed of, seller of such coal to export or ship such coal ‘‘(1) $20 per metric ton of qualified carbon or used as a tertiary injectant in a manner to a third party on behalf of the producer or dioxide which is— consistent with the requirements of this sec- seller of such coal and— ‘‘(A) captured by the taxpayer at a quali- tion. (A) is indicated in the shipper’s export dec- fied facility, and ‘‘(7) INFLATION ADJUSTMENT.—In the case of laration or other documentation as the ex- ‘‘(B) disposed of by the taxpayer in secure any taxable year beginning in a calendar porter of record, or geological storage, and year after 2009, there shall be substituted for (B) actually exported such coal to a foreign ‘‘(2) $10 per metric ton of qualified carbon each dollar amount contained in subsection country or shipped such coal to a possession dioxide which is— (a) an amount equal to the product of— of the United States, or caused such coal to ‘‘(A) captured by the taxpayer at a quali- ‘‘(A) such dollar amount, multiplied by be so exported or shipped. fied facility, and ‘‘(B) the inflation adjustment factor for (3) RELATED PARTY.—The term ‘‘a party re- ‘‘(B) used by the taxpayer as a tertiary such calendar year determined under section lated to such coal producer’’ means a person injectant in a qualified enhanced oil or nat- 43(b)(3)(B) for such calendar year, deter- who— ural gas recovery project. mined by substituting ‘2008’ for ‘1990’. (A) is related to such coal producer ‘‘(b) QUALIFIED CARBON DIOXIDE.—For pur- ‘‘(e) APPLICATION OF SECTION.—The credit through any degree of common management, poses of this section— under this section shall apply with respect to stock ownership, or voting control, ‘‘(1) IN GENERAL.—The term ‘qualified car- qualified carbon dioxide before the end of the (B) is related (within the meaning of sec- bon dioxide’ means carbon dioxide captured calendar year in which the Secretary, in con- tion 144(a)(3) of the Internal Revenue Code of from an industrial source which— sultation with the Administrator of the En- 1986) to such coal producer, or ‘‘(A) would otherwise be released into the vironmental Protection Agency, certifies (C) has a contract, fee arrangement, or any atmosphere as industrial emission of green- that 75,000,000 metric tons of qualified carbon other agreement with such coal producer to house gas, and dioxide have been captured and disposed of sell such coal to a third party on behalf of ‘‘(B) is measured at the source of capture or used as a tertiary injectant.’’. such coal producer. and verified at the point of disposal or injec- (b) CONFORMING AMENDMENT.—Section 38(b) (4) SECRETARY.—The term ‘‘Secretary’’ tion. (relating to general business credit) is means the Secretary of Treasury or the Sec- ‘‘(2) RECYCLED CARBON DIOXIDE.—The term amended by striking ‘‘plus’’ at the end of retary’s designee. ‘qualified carbon dioxide’ includes the initial paragraph (32), by striking the period at the (e) TIMING OF REFUND.—With respect to deposit of captured carbon dioxide used as a end of paragraph (33) and inserting ‘‘, plus’’, any claim for refund filed pursuant to this tertiary injectant. Such term does not in- and by adding at the end of following new section, the Secretary shall determine clude carbon dioxide that is re-captured, re- paragraph: whether the requirements of this section are cycled, and re-injected as part of the en- ‘‘(34) the carbon dioxide sequestration met not later than 180 days after such claim hanced oil and natural gas recovery process. credit determined under section 45Q(a).’’.

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(c) CLERICAL AMENDMENT.—The table of (D) Clause (ii) of section 40A(d)(3)(C) is ‘‘(1) ALCOHOL.—No credit shall be deter- sections for subpart B of part IV of sub- amended by striking ‘‘subsection (b)(5)(B)’’ mined under this section with respect to any chapter A of chapter 1 (relating to other and inserting ‘‘subsection (b)(4)(B)’’. alcohol which is produced outside the United credits) is amended by adding at the end the (c) UNIFORM TREATMENT OF DIESEL PRO- States for use as a fuel outside the United following new section: DUCED FROM BIOMASS.—Paragraph (3) of sec- States. tion 40A(f) is amended— ‘‘Sec. 45Q. Credit for carbon dioxide seques- ‘‘(2) BIODIESEL AND ALTERNATIVE FUELS.— (1) by striking ‘‘diesel fuel’’ and inserting tration.’’. No credit shall be determined under this sec- ‘‘liquid fuel’’, tion with respect to any biodiesel or alter- (d) EFFECTIVE DATE.—The amendments (2) by striking ‘‘using a thermal made by this section shall apply to carbon native fuel which is produced outside the depolymerization process’’, and dioxide captured after the date of the enact- United States for use as a fuel outside the (3) by striking ‘‘or D396’’ in subparagraph ment of this Act. United States. (B) and inserting ‘‘, D396, or other equivalent For purposes of this subsection, the term SEC. 116. CARBON AUDIT OF THE TAX CODE. standard approved by the Secretary’’. ‘United States’ includes any possession of (a) STUDY.—The Secretary of the Treasury (d) ELIGIBILITY OF CERTAIN AVIATION the United States.’’. shall enter into an agreement with the Na- FUEL.—Subsection (f) of section 40A (relating (2) CONFORMING AMENDMENT.—Subsection tional Academy of Sciences to undertake a to renewable diesel) is amended by adding at (e) of section 6427 is amended by redesig- comprehensive review of the Internal Rev- the end the following new paragraph: nating paragraph (5) as paragraph (6) and by enue Code of 1986 to identify the types of and ‘‘(4) CERTAIN AVIATION FUEL.— inserting after paragraph (4) the following specific tax provisions that have the largest ‘‘(A) IN GENERAL.—Except as provided in new paragraph: effects on carbon and other greenhouse gas the last sentence of paragraph (3), the term ‘‘(5) LIMITATION TO FUELS WITH CONNECTION emissions and to estimate the magnitude of ‘renewable diesel’ shall include fuel derived TO THE UNITED STATES.—No amount shall be those effects. from biomass which meets the requirements payable under paragraph (1) or (2) with re- (b) REPORT.—Not later than 2 years after of a Department of Defense specification for spect to any mixture or alternative fuel if the date of enactment of this Act, the Na- military jet fuel or an American Society of credit is not allowed with respect to such tional Academy of Sciences shall submit to Testing and Materials specification for avia- mixture or alternative fuel by reason of sec- Congress a report containing the results of tion turbine fuel. tion 6426(i).’’. study authorized under this section. ‘‘(B) APPLICATION OF MIXTURE CREDITS.—In (d) EFFECTIVE DATE.—The amendments (c) AUTHORIZATION OF APPROPRIATIONS.— the case of fuel which is treated as renewable made by this section shall apply to claims There is authorized to be appropriated to diesel solely by reason of subparagraph (A), for credit or payment made on or after May carry out this section $1,500,000 for the period subsection (b)(1) and section 6426(c) shall be 15, 2008. of fiscal years 2009 and 2010. applied with respect to such fuel by treating SEC. 204. CREDIT FOR NEW QUALIFIED PLUG-IN kerosene as though it were diesel fuel.’’. ELECTRIC DRIVE MOTOR VEHICLES. TITLE II—TRANSPORTATION AND (e) MODIFICATION OF CREDIT FOR RENEW- DOMESTIC FUEL SECURITY PROVISIONS (a) PLUG-IN ELECTRIC DRIVE MOTOR VEHI- ABLE DIESEL.—Section 40A(f) (relating to re- CLE CREDIT.—Subpart B of part IV of sub- SEC. 201. INCLUSION OF CELLULOSIC BIOFUEL newable diesel), as amended by subsection chapter A of chapter 1 (relating to other IN BONUS DEPRECIATION FOR BIO- (d), is amended by adding at the end the fol- credits) is amended by adding at the end the MASS ETHANOL PLANT PROPERTY. lowing new paragraph: following new section: (a) IN GENERAL.—Paragraph (3) of section ‘‘(5) SPECIAL RULE FOR CO-PROCESSED RE- ‘‘SEC. 30D. NEW QUALIFIED PLUG-IN ELECTRIC 168(l) is amended to read as follows: NEWABLE DIESEL.—In the case of a taxpayer DRIVE MOTOR VEHICLES. ‘‘(3) CELLULOSIC BIOFUEL.—The term ‘cel- which produces renewable diesel through the ‘‘(a) ALLOWANCE OF CREDIT.— lulosic biofuel’ means any liquid fuel which co-processing of biomass and petroleum at ‘‘(1) IN GENERAL.—There shall be allowed as is produced from any lignocellulosic or any facility, this subsection shall not apply a credit against the tax imposed by this hemicellulosic matter that is available on a to so much of the renewable diesel produced chapter for the taxable year an amount renewable or recurring basis.’’. at such facility and sold or used during the equal to the applicable amount with respect (b) CONFORMING AMENDMENTS.—Subsection taxable year in a qualified biodiesel mixture to each new qualified plug-in electric drive (l) of section 168 is amended— as exceeds 60,000,000 gallons.’’. motor vehicle placed in service by the tax- (1) by striking ‘‘cellulosic biomass eth- (f) EFFECTIVE DATE.— payer during the taxable year. anol’’ each place it appears and inserting (1) IN GENERAL.—Except as otherwise pro- ‘‘(2) APPLICABLE AMOUNT.—For purposes of ‘‘cellulosic biofuel’’, vided in this subsection, the amendments paragraph (1), the applicable amount is sum (2) by striking ‘‘CELLULOSIC BIOMASS ETH- made by this section shall apply to fuel pro- of— ANOL’’ in the heading of such subsection and duced, and sold or used, after December 31, ‘‘(A) $2,500, plus inserting ‘‘CELLULOSIC BIOFUEL’’, and 2008. ‘‘(B) $400 for each kilowatt hour of traction (3) by striking ‘‘CELLULOSIC BIOMASS ETH- (2) COPRODUCTION OF RENEWABLE DIESEL battery capacity in excess of 6 kilowatt ANOL’’ in the heading of paragraph (2) thereof WITH PETROLEUM FEEDSTOCK.—The amend- hours. and inserting ‘‘CELLULOSIC BIOFUEL’’. ments made by subsection (e) shall apply to ‘‘(b) LIMITATIONS.— (c) EFFECTIVE DATE.—The amendments fuel produced, and sold or used, after the ‘‘(1) LIMITATION BASED ON WEIGHT.—The made by this section shall apply to property date of the enactment of this Act. amount of the credit allowed under sub- placed in service after the date of the enact- SEC. 203. CLARIFICATION THAT CREDITS FOR section (a) by reason of subsection (a)(2) ment of this Act, in taxable years ending FUEL ARE DESIGNED TO PROVIDE shall not exceed— after such date. AN INCENTIVE FOR UNITED STATES ‘‘(A) $7,500, in the case of any new qualified PRODUCTION. SEC. 202. CREDITS FOR BIODIESEL AND RENEW- plug-in electric drive motor vehicle with a (a) ALCOHOL FUELS CREDIT.—Subsection (d) ABLE DIESEL. of section 40 is amended by adding at the end gross vehicle weight rating of not more than (a) IN GENERAL.—Sections 40A(g), 6426(c)(6), the following new paragraph: 10,000 pounds, and 6427(e)(5)(B) are each amended by strik- ‘‘(B) $10,000, in the case of any new quali- ‘‘(7) LIMITATION TO ALCOHOL WITH CONNEC- ing ‘‘December 31, 2008’’ and inserting ‘‘De- fied plug-in electric drive motor vehicle with TION TO THE UNITED STATES.—No credit shall cember 31, 2011’’. be determined under this section with re- a gross vehicle weight rating of more than (b) INCREASE IN RATE OF CREDIT.— spect to any alcohol which is produced out- 10,000 pounds but not more than 14,000 (1) INCOME TAX CREDIT.—Paragraphs (1)(A) side the United States for use as a fuel out- pounds, and (2)(A) of section 40A(b) are each amended side the United States. For purposes of this ‘‘(C) $12,500, in the case of any new quali- by striking ‘‘50 cents’’ and inserting ‘‘$1.00’’. paragraph, the term ‘United States’ includes fied plug-in electric drive motor vehicle with (2) EXCISE TAX CREDIT.—Paragraph (2) of any possession of the United States.’’. a gross vehicle weight rating of more than section 6426(c) is amended to read as follows: (b) BIODIESEL FUELS CREDIT.—Subsection 14,000 pounds but not more than 26,000 ‘‘(2) APPLICABLE AMOUNT.—For purposes of (d) of section 40A is amended by adding at pounds, and this subsection, the applicable amount is the end the following new paragraph: ‘‘(D) $15,000, in the case of any new quali- $1.00.’’. ‘‘(5) LIMITATION TO BIODIESEL WITH CONNEC- fied plug-in electric drive motor vehicle with (3) CONFORMING AMENDMENTS.— TION TO THE UNITED STATES.—No credit shall a gross vehicle weight rating of more than (A) Subsection (b) of section 40A is amend- be determined under this section with re- 26,000 pounds. ed by striking paragraph (3) and by redesig- spect to any biodiesel which is produced out- ‘‘(2) LIMITATION ON NUMBER OF PASSENGER nating paragraphs (4) and (5) as paragraphs side the United States for use as a fuel out- VEHICLES AND LIGHT TRUCKS ELIGIBLE FOR (3) and (4), respectively. side the United States. For purposes of this CREDIT.— (B) Paragraph (2) of section 40A(f) is paragraph, the term ‘United States’ includes ‘‘(A) IN GENERAL.—In the case of a new amended to read as follows: any possession of the United States.’’. qualified plug-in electric drive motor vehicle ‘‘(2) EXCEPTION.—Subsection (b)(4) shall (c) EXCISE TAX CREDIT.— sold during the phaseout period, only the ap- not apply with respect to renewable diesel.’’. (1) IN GENERAL.—Section 6426 is amended plicable percentage of the credit otherwise (C) Paragraphs (2) and (3) of section 40A(e) by adding at the end the following new sub- allowable under subsection (a) shall be al- are each amended by striking ‘‘subsection section: lowed. (b)(5)(C)’’ and inserting ‘‘subsection ‘‘(i) LIMITATION TO FUELS WITH CONNECTION ‘‘(B) PHASEOUT PERIOD.—For purposes of (b)(4)(C)’’. TO THE UNITED STATES.— this subsection, the phaseout period is the

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period beginning with the second calendar ‘‘(e) OTHER DEFINITIONS AND SPECIAL the requirements to be eligible for a credit quarter following the calendar quarter which RULES.—For purposes of this section— under this section. includes the first date on which the total ‘‘(1) MOTOR VEHICLE.—The term ‘motor ve- ‘‘(g) TERMINATION.—This section shall not number of such new qualified plug-in electric hicle’ has the meaning given such term by apply to property purchased after December drive motor vehicles sold for use in the section 30(c)(2). 31, 2014.’’. United States after December 31, 2007, is at ‘‘(2) OTHER TERMS.—The terms ‘passenger (b) COORDINATION WITH ALTERNATIVE least 250,000. automobile’, ‘light truck’, and ‘manufac- MOTOR VEHICLE CREDIT.—Section 30B(d)(3) is ‘‘(C) APPLICABLE PERCENTAGE.—For pur- turer’ have the meanings given such terms in amended by adding at the end the following poses of subparagraph (A), the applicable regulations prescribed by the Administrator new subparagraph: percentage is— of the Environmental Protection Agency for ‘‘(D) EXCLUSION OF PLUG-IN VEHICLES.—Any ‘‘(i) 50 percent for the first 2 calendar quar- purposes of the administration of title II of vehicle with respect to which a credit is al- ters of the phaseout period, the Clean Air Act (42 U.S.C. 7521 et seq.). lowable under section 30D (determined with- ‘‘(ii) 25 percent for the 3d and 4th calendar ‘‘(3) TRACTION BATTERY CAPACITY.—Trac- out regard to subsection (d) thereof) shall quarters of the phaseout period, and tion battery capacity shall be measured in not be taken into account under this sec- ‘‘(iii) 0 percent for each calendar quarter kilowatt hours from a 100 percent state of tion.’’. thereafter. charge to a zero percent state of charge. (c) CREDIT MADE PART OF GENERAL BUSI- NESS CREDIT.—Section 38(b) is amended by ‘‘(D) CONTROLLED GROUPS.—Rules similar ‘‘(4) REDUCTION IN BASIS.—For purposes of to the rules of section 30B(f)(4) shall apply this subtitle, the basis of any property for striking ‘‘plus’’ at the end of paragraph (33), for purposes of this subsection. which a credit is allowable under subsection by striking the period at the end of para- (a) shall be reduced by the amount of such graph (34) and inserting ‘‘plus’’, and by add- ‘‘(c) NEW QUALIFIED PLUG-IN ELECTRIC credit so allowed. ing at the end the following new paragraph: DRIVE MOTOR VEHICLE.—For purposes of this ‘‘(35) the portion of the new qualified plug- section, the term ‘new qualified plug-in elec- ‘‘(5) NO DOUBLE BENEFIT.—The amount of in electric drive motor vehicle credit to tric drive motor vehicle’ means a motor ve- any deduction or other credit allowable which section 30D(d)(1) applies.’’. hicle— under this chapter for a new qualified plug- in electric drive motor vehicle shall be re- (d) CONFORMING AMENDMENTS.— ‘‘(1) which draws propulsion primarily duced by the amount of credit allowed under (1)(A) Section 24(b)(3)(B), as amended by using a traction battery with at least 6 kilo- subsection (a) for such vehicle for the tax- section 104, is amended by striking ‘‘and watt hours of capacity, able year. 25D’’ and inserting ‘‘25D, and 30D’’. ‘‘(2) which uses an offboard source of en- ‘‘(6) PROPERTY USED BY TAX-EXEMPT ENTI- (B) Section 25(e)(1)(C)(ii) is amended by in- ergy to recharge such battery, TY.—In the case of a vehicle the use of which serting ‘‘30D,’’ after ‘‘25D,’’. ‘‘(3) which, in the case of a passenger vehi- is described in paragraph (3) or (4) of section (C) Section 25B(g)(2), as amended by sec- cle or light truck which has a gross vehicle 50(b) and which is not subject to a lease, the tion 104, is amended by striking ‘‘and 25D’’ weight rating of not more than 8,500 pounds, person who sold such vehicle to the person or and inserting ‘‘, 25D, and 30D’’. has received a certificate of conformity entity using such vehicle shall be treated as (D) Section 26(a)(1), as amended by section under the Clean Air Act and meets or ex- the taxpayer that placed such vehicle in 104, is amended by striking ‘‘and 25D’’ and in- ceeds the equivalent qualifying California service, but only if such person clearly dis- serting ‘‘25D, and 30D’’. low emission vehicle standard under section closes to such person or entity in a docu- (E) Section 1400C(d)(2) is amended by strik- 243(e)(2) of the Clean Air Act for that make ment the amount of any credit allowable ing ‘‘and 25D’’ and inserting ‘‘25D, and 30D’’. and model year, and under subsection (a) with respect to such ve- (2) Section 1016(a) is amended by striking ‘‘(A) in the case of a vehicle having a gross hicle (determined without regard to sub- ‘‘and’’ at the end of paragraph (35), by strik- vehicle weight rating of 6,000 pounds or less, section (b)(2)). ing the period at the end of paragraph (36) the Bin 5 Tier II emission standard estab- ‘‘(7) PROPERTY USED OUTSIDE UNITED and inserting ‘‘, and’’, and by adding at the lished in regulations prescribed by the Ad- STATES, ETC., NOT QUALIFIED.—No credit shall end the following new paragraph: ministrator of the Environmental Protection be allowable under subsection (a) with re- ‘‘(37) to the extent provided in section Agency under section 202(i) of the Clean Air spect to any property referred to in section 30D(e)(4).’’. Act for that make and model year vehicle, 50(b)(1) or with respect to the portion of the (3) Section 6501(m) is amended by inserting and cost of any property taken into account ‘‘30D(e)(9),’’ after ‘‘30C(e)(5),’’. ‘‘(B) in the case of a vehicle having a gross under section 179. (4) The table of sections for subpart B of vehicle weight rating of more than 6,000 ‘‘(8) RECAPTURE.—The Secretary shall, by part IV of subchapter A of chapter 1 is pounds but not more than 8,500 pounds, the regulations, provide for recapturing the ben- amended by adding at the end the following Bin 8 Tier II emission standard which is so efit of any credit allowable under subsection new item: established, (a) with respect to any property which ceases ‘‘Sec. 30D. New qualified plug-in electric ‘‘(4) the original use of which commences to be property eligible for such credit (in- drive motor vehicles.’’. with the taxpayer, cluding recapture in the case of a lease pe- ‘‘(5) which is acquired for use or lease by (e) EFFECTIVE DATE.—Except as otherwise riod of less than the economic life of a vehi- provided in this subsection, the amendments the taxpayer and not for resale, and cle). ‘‘(6) which is made by a manufacturer. made by this section shall apply to taxable ‘‘(9) ELECTION TO NOT TAKE CREDIT.—No years beginning after December 31, 2008. ‘‘(d) APPLICATION WITH OTHER CREDITS.— credit shall be allowed under subsection (a) (f) APPLICATION OF EGTRRA SUNSET.—The ‘‘(1) BUSINESS CREDIT TREATED AS PART OF for any vehicle if the taxpayer elects not to amendment made by subsection (d)(1)(A) GENERAL BUSINESS CREDIT.—So much of the have this section apply to such vehicle. shall be subject to title IX of the Economic credit which would be allowed under sub- ‘‘(10) INTERACTION WITH AIR QUALITY AND Growth and Tax Relief Reconciliation Act of section (a) for any taxable year (determined MOTOR VEHICLE SAFETY STANDARDS.—Unless 2001 in the same manner as the provision of without regard to this subsection) that is at- otherwise provided in this section, a motor such Act to which such amendment relates. tributable to property of a character subject vehicle shall not be considered eligible for a SEC. 205. EXTENSION AND MODIFICATION OF AL- to an allowance for depreciation shall be credit under this section unless such vehicle TERNATIVE MOTOR VEHICLE CRED- treated as a credit listed in section 38(b) for is in compliance with— IT. such taxable year (and not allowed under ‘‘(A) the applicable provisions of the Clean (a) EXTENSION.— subsection (a)). Air Act for the applicable make and model (1) NEW ADVANCED LEAN BURN TECHNOLOGY ‘‘(2) PERSONAL CREDIT.— year of the vehicle (or applicable air quality MOTOR VEHICLES AND HEAVY NEW QUALIFIED ‘‘(A) IN GENERAL.—For purposes of this provisions of State law in the case of a State HYBRID MOTOR VEHICLES.—Paragraphs (2) and title, the credit allowed under subsection (a) which has adopted such provision under a (3) of section 30B(j) are amended to read as for any taxable year (determined after appli- waiver under section 209(b) of the Clean Air follows: cation of paragraph (1)) shall be treated as a Act), and ‘‘(2) in the case of a new advanced lean credit allowable under subpart A for such ‘‘(B) the motor vehicle safety provisions of burn technology motor vehicle (as described taxable year. sections 30101 through 30169 of title 49, in subsection (c)), December 31, 2011, ‘‘(B) LIMITATION BASED ON AMOUNT OF United States Code. ‘‘(3) in the case of— TAX.—In the case of a taxable year to which ‘‘(f) REGULATIONS.— ‘‘(A) a new qualified hybrid motor vehicle section 26(a)(2) does not apply, the credit al- ‘‘(1) IN GENERAL.—Except as provided in (as described in subsection (d)(2)(A)), Decem- lowed under subsection (a) for any taxable paragraph (2), the Secretary shall promul- ber 31, 2010, and year (determined after application of para- gate such regulations as necessary to carry ‘‘(B) a new qualified hybrid motor vehicle graph (1)) shall not exceed the excess of— out the provisions of this section. (as described in subsection (d)(2)(B)), Decem- ‘‘(i) the sum of the regular tax liability (as ‘‘(2) COORDINATION IN PRESCRIPTION OF CER- ber 31, 2011, and’’. defined in section 26(b)) plus the tax imposed TAIN REGULATIONS.—The Secretary of the (2) NEW QUALIFIED ALTERNATIVE FUEL VEHI- by section 55, over Treasury, in coordination with the Secretary CLES.—Paragraph (4) of section 30B(j) is ‘‘(ii) the sum of the credits allowable under of Transportation and the Administrator of amended by striking ‘‘December 31, 2010’’ and subpart A (other than this section and sec- the Environmental Protection Agency, shall inserting ‘‘December 31, 2011’’. tions 23 and 25D) and section 27 for the tax- prescribe such regulations as necessary to (b) INCREASED CREDIT FOR CERTAIN NEW able year. determine whether a motor vehicle meets QUALIFIED FUEL CELL MOTOR VEHICLES.—

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Subparagraph (A) of section 30B(b)(1) is SEC. 207. EXTENSION AND MODIFICATION OF AL- (B) MEMBERSHIP.—The Panel shall be com- amended by striking ‘‘$4,000’’ and inserting TERNATIVE FUEL CREDIT. posed of— ‘‘$7,500’’. (a) EXTENSION.— (i) 1 representative from the National (c) PERSONAL CREDIT ALLOWED AGAINST AL- (1) ALTERNATIVE FUEL CREDIT.—Paragraph Academy of Sciences, TERNATIVE MINIMUM TAX.— (4) of section 6426(d) (relating to alternative (ii) 1 representative from the University of (1) IN GENERAL.—Paragraph (2) of section fuel credit) is amended by striking ‘‘Sep- Kentucky Center for Applied Energy Re- 30B(g) is amended to read as follows: tember 30, 2009’’ and inserting ‘‘December 31, search, and ‘‘(2) PERSONAL CREDIT.— 2011’’. (iii) 1 individual appointed jointly by the ‘‘(A) IN GENERAL.—For purposes of this (2) ALTERNATIVE FUEL MIXTURE CREDIT.— representatives under clauses (i) and (ii). title, the credit allowed under subsection (a) Paragraph (3) of section 6426(e) (relating to (C) STUDY.—The Panel shall study the ap- for any taxable year (determined after appli- alternative fuel mixture credit) is amended propriate percentage of carbon dioxide for cation of paragraph (1)) shall be treated as a by striking ‘‘September 30, 2009’’ and insert- separation and sequestration under section credit allowable under subpart A for such ing ‘‘December 31, 2011’’. 6426(d)(4) of the Internal Revenue Code of taxable year. (3) PAYMENTS.—Subparagraph (C) of sec- 1986 consistent with the purposes of such sec- ‘‘(B) LIMITATION BASED ON AMOUNT OF tion 6427(e)(5) (relating to termination) is tion. The panel shall consider whether it is TAX.—In the case of a taxable year to which amended by striking ‘‘September 30, 2009’’ feasible to separate and sequester 75 percent section 26(a)(2) does not apply, the credit al- and inserting ‘‘December 31, 2011’’. of the carbon dioxide emissions of a facility, (b) MODIFICATIONS.— lowed under subsection (a) (after the applica- including costs and other factors associated (1) ALTERNATIVE FUEL TO INCLUDE COM- tion of paragraph (1)) for any taxable year with separating and sequestering such per- PRESSED OR LIQUIFIED BIOMASS GAS.—Para- shall not exceed the excess (if any) of— centage of carbon dioxide emissions. graph (2) of section 6426(d) (relating to alter- ‘‘(i) the sum of the regular tax liability (as EPORT.—Not later than 6 months after native fuel credit) is amended by striking (D) R defined in section 26(b)) plus the tax imposed the date of the enactment of this Act, the by section 55, over ‘‘and’’ at the end of subparagraph (E), by re- designating subparagraph (F) as subpara- Panel shall report to the Secretary of Treas- ‘‘(ii) the sum of the credits allowable under graph (G), and by inserting after subpara- ury, the Committee on Finance of the Sen- subpart A (other than this section and sec- graph (E) the following new subparagraph: ate, and the Committee on Ways and Means tions 23, 25D, and 30D) and section 27 for the ‘‘(F) compressed or liquefied biomass gas, of the House of Representatives on the study taxable year.’’. and’’. under subparagraph (C). (2) CONFORMING AMENDMENTS.— (d) EFFECTIVE DATE.—The amendments (2) CREDIT ALLOWED FOR AVIATION USE OF (A)(i) Section 24(b)(3)(B), as amended by made by this section shall apply to fuel sold FUEL.—Paragraph (1) of section 6426(d) is this Act, is amended by striking ‘‘and 30D’’ or used after the date of the enactment of amended by inserting ‘‘sold by the taxpayer and inserting ‘‘30B, and 30D’’. this Act. for use as a fuel in aviation,’’ after ‘‘motor- (ii) Section 25(e)(1)(C)(ii), as amended by boat,’’. SEC. 208. ALTERNATIVE FUEL VEHICLE REFUEL- this Act, is amended by inserting ‘‘30B,’’ ING PROPERTY CREDIT. (c) CARBON CAPTURE REQUIREMENT FOR after ‘‘25D,’’. (a) EXTENSION OF CREDIT.—Paragraph (2) of CERTAIN FUELS.— (iii) Section 25B(g)(2), as amended by this section 30C(g) is amended by striking ‘‘De- (1) IN GENERAL.—Subsection (d) of section cember 31, 2009’’ and inserting ‘‘December 31, Act, is amended by striking ‘‘and 30D’’ and 6426, as amended by subsection (a), is amend- 2012’’. inserting ‘‘, 30B, and 30D’’. ed by redesignating paragraph (4) as para- (b) INCLUSION OF ELECTRICITY AS A CLEAN- (iv) Section 26(a)(1), as amended by this graph (5) and by inserting after paragraph (3) BURNING FUEL.—Section 30C(c)(2) is amended Act, is amended by striking ‘‘and 30D’’ and the following new paragraph: inserting ‘‘30B, and 30D’’. by adding at the end the following new sub- ‘‘(4) CARBON CAPTURE REQUIREMENT.— (v) Section 1400C(d)(2), as amended by this paragraph: ‘‘(A) IN GENERAL.—The requirements of Act, is amended by striking ‘‘and 30D’’ and ‘‘(C) Electricity.’’. this paragraph are met if the fuel is cer- (c) EFFECTIVE DATE.—The amendments inserting ‘‘30B, and 30D’’. tified, under such procedures as required by (B) Subparagraph (A) of section 30C(d)(2) is made by this section shall apply to property the Secretary, as having been derived from placed in service after the date of the enact- amended by striking ‘‘sections 27, 30, and coal produced at a gasification facility which 30B’’ and inserting ‘‘sections 27 and 30’’. ment of this Act, in taxable years ending separates and sequesters not less than the after such date. (C) Section 55(c)(3) is amended by striking applicable percentage of such facility’s total ‘‘30B(g)(2),’’. SEC. 209. CERTAIN INCOME AND GAINS RELAT- carbon dioxide emissions. ING TO ALCOHOL FUELS AND MIX- (d) EFFECTIVE DATE.—Except as otherwise ‘‘(B) APPLICABLE PERCENTAGE.—For pur- provided in this subsection, the amendments TURES, BIODIESEL FUELS AND MIX- poses of subparagraph (A), the applicable TURES, AND ALTERNATIVE FUELS made by this section shall apply to taxable percentage is— AND MIXTURES TREATED AS QUALI- years beginning after December 31, 2008. ‘‘(i) 50 percent in the case of fuel produced FYING INCOME FOR PUBLICLY (e) APPLICATION OF EGTRRA SUNSET.—The after the date of the enactment of this para- TRADED PARTNERSHIPS. amendment made by subsection (c)(2)(A)(i) (a) IN GENERAL.—Subparagraph (E) of sec- graph and on or before the earlier of— shall be subject to title IX of the Economic tion 7704(d)(1) is amended by inserting ‘‘, or ‘‘(I) the date the Secretary makes a deter- Growth and Tax Relief Reconciliation Act of the transportation or storage of any fuel de- mination under subparagraph (C), or 2001 in the same manner as the provision of scribed in subsection (b), (c), (d), or (e) of ‘‘(II) December 30, 2011, and such Act to which such amendment relates. section 6426, or any alcohol fuel defined in ‘‘(ii) 75 percent in the case of fuel produced SEC. 206. EXCLUSION FROM HEAVY TRUCK TAX section 6426(b)(4)(A) or any biodiesel fuel as after the date on which the applicable per- FOR IDLING REDUCTION UNITS AND defined in section 40A(d)(1)’’ after ‘‘timber)’’. ADVANCED INSULATION. centage under clause (i) ceases to apply. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 4053 is amended ‘‘(C) DETERMINATION TO INCREASE APPLICA- made by this section shall take effect on the by adding at the end the following new para- BLE PERCENTAGE BEFORE DECEMBER 31, 2011.—If date of the enactment of this Act, in taxable graphs: the Secretary, after considering the rec- years ending after such date. ommendations of the Carbon Sequestration ‘‘(9) IDLING REDUCTION DEVICE.—Any device SEC. 210. EXTENSION OF ETHANOL PRODUCTION or system of devices which— Capability Panel, finds that the applicable CREDIT. ‘‘(A) is designed to provide to a vehicle percentage under subparagraph (B) should be (a) CREDIT FOR ALCOHOL USED AS FUEL.— those services (such as heat, air condi- 75 percent for fuel produced before December Section 40 is amended— tioning, or electricity) that would otherwise 31, 2011, the Secretary shall make a deter- (1) by striking ‘‘2010’’ each place it appears require the operation of the main drive en- mination under this subparagraph. Any de- in subsections (e)(1)(A) and (h) and inserting gine while the vehicle is temporarily parked termination made under this subparagraph ‘‘2011’’, and or remains stationary using one or more de- shall be made not later than 30 days after (2) by striking ‘‘January 1, 2011’’ in sub- vices affixed to a tractor, and the Secretary receives from the Carbon Se- section (e)(1)(B) and inserting ‘‘January 1, ‘‘(B) is determined by the Administrator of questration Panel the report required under 2012’’. the Environmental Protection Agency, in section 331(c)(3)(D) of the Energy Independ- (b) EXCISE TAX CREDITS.—Paragraph (6) of consultation with the Secretary of Energy ence and Investment Act of 2008.’’. section 6426(b) is amended by striking ‘‘2010’’ and the Secretary of Transportation, to re- (2) CONFORMING AMENDMENT.—Subpara- and inserting ‘‘2011’’. duce idling of such vehicle at a motor vehi- graph (E) of section 6426(d)(2) is amended by (c) PAYMENTS.—Subparagraph (A) of sec- cle rest stop or other location where such ve- inserting ‘‘which meets the requirements of tion 6427(e)(5) is amended by striking ‘‘2010’’ hicles are temporarily parked or remain sta- paragraph (4) and which is’’ after ‘‘any liquid and inserting ‘‘2011’’. tionary. fuel’’. SEC. 211. CREDIT FOR PRODUCERS OF FOSSIL ‘‘(10) ADVANCED INSULATION.—Any insula- (3) CARBON SEQUESTRATION CAPABILITY FREE ALCOHOL. tion that has an R value of not less than R35 PANEL.— (a) IN GENERAL.—Subsection (a) of section per inch.’’. (A) ESTABLISHMENT OF PANEL.—There is es- 40 (relating to alcohol used as fuel) is amend- (b) EFFECTIVE DATE.—The amendment tablished a panel to be known as the ‘‘Car- ed by striking ‘‘plus’’ at the end of paragraph made by this section shall apply to sales or bon Sequestration Capability Panel’’ (here- (3), by striking the period at the end of para- installations after the date of the enactment after in this paragraph referred to as the graph (4) and inserting ‘‘, plus’’, and by add- of this Act. ‘‘Panel’’). ing at the end the following new paragraph:

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.091 S11SEPT1 smartinez on PROD1PC64 with SENATE S8402 CONGRESSIONAL RECORD — SENATE September 11, 2008 ‘‘(5) the small fossil free alcohol producer rect productive capacity of more than ‘‘(3) the issuer designates such bond for credit.’’. 60,000,000 gallons of alcohol from fossil free purposes of this section. (b) SMALL FOSSIL FREE ALCOHOL PRODUCER alcohol production facilities during the tax- ‘‘(b) REDUCED CREDIT AMOUNT.—The annual CREDIT.—Subsection (b) of section 40 is able year. credit determined under section 54A(b) with amended by adding at the end the following ‘‘(7) ALLOCATION OF SMALL FOSSIL FREE AL- respect to any qualified energy conservation new paragraph: COHOL PRODUCER CREDIT TO PATRONS OF COOP- bond shall be 70 percent of the amount so de- ‘‘(7) SMALL FOSSIL FREE ALCOHOL PRODUCER ERATIVE.—Rules similar to the rules under termined without regard to this subsection. CREDIT.— subsection (g)(6) shall apply for purposes of ‘‘(c) LIMITATION ON AMOUNT OF BONDS DES- ‘‘(A) IN GENERAL.—In addition to any other this subsection.’’. IGNATED.—The maximum aggregate face credit allowed under this section, there shall (d) ALCOHOL NOT USED AS A FUEL, ETC.— amount of bonds which may be designated be allowed as a credit against the tax im- (1) IN GENERAL.—Paragraph (3) of section under subsection (a) by any issuer shall not posed by this chapter for the taxable year an 40(d) is amended by redesignating subpara- exceed the limitation amount allocated to amount equal to 10 cents for each gallon of graph (E) as subparagraph (F) and by insert- such issuer under subsection (e). not more than 60,000,000 gallons of qualified ing after subparagraph (D) the following new ‘‘(d) NATIONAL LIMITATION ON AMOUNT OF fossil free alcohol production. subparagraph: BONDS DESIGNATED.—There is a national ‘‘(B) QUALIFIED FOSSIL FREE ALCOHOL PRO- ‘‘(E) SMALL FOSSIL FREE ALCOHOL PRODUCER qualified energy conservation bond limita- DUCTION.—For purposes of this section, the CREDIT.—If— tion of $3,000,000,000. term ‘qualified fossil free alcohol production’ ‘‘(i) any credit is allowed under subsection ‘‘(e) ALLOCATIONS.— means alcohol which is produced by an eligi- (a)(5), and ‘‘(1) IN GENERAL.—The limitation applica- ble small fossil free alcohol producer at a ‘‘(ii) any person does not use such fuel for fossil free alcohol production facility and ble under subsection (d) shall be allocated by a purpose described in subsection (b)(7)(B), the Secretary among the States in propor- which during the taxable year— then there is hereby imposed on such person ‘‘(i) is sold by the taxpayer to another per- tion to the population of the States. a tax equal to 10 cents for each gallon of ‘‘(2) ALLOCATIONS TO LARGEST LOCAL GOV- son— such alcohol.’’. ‘‘(I) for use by such other person in the pro- ERNMENTS.— (2) CONFORMING AMENDMENT.—Subpara- duction of a qualified alcohol mixture in ‘‘(A) IN GENERAL.—In the case of any State graph (F) of section 40(d)(3), as redesignated in which there is a large local government, such other person’s trade or business (other by paragraph (1) and amended by this Act, is than casual off-farm production), each such local government shall be allo- amended by striking ‘‘or (D)’’ and inserting cated a portion of such State’s allocation ‘‘(II) for use by such other person as a fuel ‘‘(D), or (E)’’. in a trade or business, or which bears the same ratio to the State’s al- (e) EFFECTIVE DATE.—The amendments ‘‘(III) who sells such alcohol at retail to location (determined without regard to this made by this section shall apply to fuel pro- subparagraph) as the population of such another person and places such alcohol in duced after December 31, 2008. the fuel tank of such other person, or large local government bears to the popu- ‘‘(ii) is used or sold by the taxpayer for any SEC. 212. EXTENSION AND MODIFICATION OF lation of such State. ELECTION TO EXPENSE CERTAIN RE- ‘‘(B) ALLOCATION OF UNUSED LIMITATION TO purpose described in clause (i). FINERIES. ‘‘(C) ADDITIONAL DISTILLATION EXCLUDED.— STATE.—The amount allocated under this (a) EXTENSION.—Paragraph (1) of section The qualified fossil free alcohol production subsection to a large local government may 179C(c) (relating to qualified refinery prop- be reallocated by such local government to of any taxpayer for any taxable year shall erty) is amended— not include any alcohol which is purchased the State in which such local government is (1) by striking ‘‘January 1, 2012’’ in sub- located. by the taxpayer and with respect to which paragraph (B) and inserting ‘‘January 1, such producer increases the proof of the alco- ‘‘(C) LARGE LOCAL GOVERNMENT.—For pur- 2014’’, and poses of this section, the term ‘large local hol by additional distillation.’’. (2) by striking ‘‘January 1, 2008’’ each place (c) ELIGIBLE SMALL FOSSIL FREE ALCOHOL government’ means any municipality or it appears in subparagraph (F) and inserting PRODUCER.—Section 40 is amended by adding county if such municipality or county has a ‘‘January 1, 2010’’. at the end the following new subsection: population of 100,000 or more. NCLUSION OF UEL ERIVED ROM ‘‘(i) DEFINITIONS AND SPECIAL RULES FOR (b) I F D F ‘‘(3) ALLOCATION TO ISSUERS; RESTRICTION SMALL FOSSIL FREE ALCOHOL PRODUCER.— SHALE AND TAR SANDS.— ON PRIVATE ACTIVITY BONDS.—Any allocation For purposes of this section— (1) IN GENERAL.—Subsection (d) of section under this subsection to a State or large ‘‘(1) IN GENERAL.—The term ‘eligible small 179C is amended by inserting ‘‘, or directly local government shall be allocated by such fossil free alcohol producer’ means a person, from shale or tar sands’’ after ‘‘(as defined in State or large local government to issuers who at all times during the taxable year, has section 45K(c))’’. within the State in a manner that results in a productive capacity for alcohol from all (2) CONFORMING AMENDMENT.—Paragraph not less than 70 percent of the allocation to fossil free alcohol production facilities of the (2) of section 179C(e) is amended by inserting such State or large local government being taxpayer which is not in excess of 60,000,000 ‘‘shale, tar sands, or’’ before ‘‘qualified used to designate bonds which are not pri- gallons. fuels’’. vate activity bonds. ‘‘(2) FOSSIL FREE ALCOHOL PRODUCTION FA- (c) EFFECTIVE DATE.—The amendments ‘‘(f) QUALIFIED CONSERVATION PURPOSE.— CILITY.—The term ‘fossil free alcohol produc- made by this section shall apply to property For purposes of this section— tion facility’ means any facility at which 90 placed in service after the date of the enact- ‘‘(1) IN GENERAL.—The term ‘qualified con- percent of the energy used in the production ment of this Act. servation purpose’ means any of the fol- of alcohol is produced from biomass (as de- SEC. 213. EXTENSION OF SUSPENSION OF TAX- lowing: fined in section 45K(c)(3)). ABLE INCOME LIMIT ON PERCENT- ‘‘(A) Capital expenditures incurred for pur- AGE DEPLETION FOR OIL AND NAT- ‘‘(3) AGGREGATION RULE.—For purposes of poses of— URAL GAS PRODUCED FROM MAR- the 60,000,000 gallon limitation under para- GINAL PROPERTIES. ‘‘(i) reducing energy consumption in pub- graph (1) and subsection (b)(7)(A), all mem- Subparagraph (H) of section 613A(c)(6) (re- licly-owned buildings by at least 20 percent, bers of the same controlled group of corpora- lating to oil and gas produced from marginal ‘‘(ii) implementing green community pro- tions (within the meaning of section 267(f)) properties) is amended by striking ‘‘January grams, and all persons under common control (with- 1, 2008’’ and inserting ‘‘January 1, 2011’’. ‘‘(iii) rural development involving the pro- in the meaning of section 52(b) but deter- duction of electricity from renewable energy mined by treating an interest of more than TITLE III—ENERGY CONSERVATION AND resources, or 50 percent as a controlling interest) shall be EFFICIENCY PROVISIONS ‘‘(iv) any qualified facility (as determined treated as 1 person. SEC. 301. QUALIFIED ENERGY CONSERVATION under section 45(d) without regard to para- ‘‘(4) PARTNERSHIP, S CORPORATIONS, AND BONDS. graphs (8) and (10) thereof and without re- OTHER PASS-THRU ENTITIES.—In the case of a (a) IN GENERAL.—Subpart I of part IV of gard to any placed in service date). partnership, trust, S corporation, or other subchapter A of chapter 1, as amended by ‘‘(B) Expenditures with respect to research pass-thru entity, the limitation contained in section 106, is amended by adding at the end facilities, and research grants, to support re- paragraph (1) shall be applied at the entity the following new section: search in— level and at the partner or similar level. ‘‘SEC. 54D. QUALIFIED ENERGY CONSERVATION ‘‘(i) development of cellulosic ethanol or ‘‘(5) ALLOCATION.—For purposes of this sub- BONDS. other nonfossil fuels, section, in the case of a facility in which ‘‘(a) QUALIFIED ENERGY CONSERVATION ‘‘(ii) technologies for the capture and se- more than 1 person has an interest, produc- BOND.—For purposes of this subchapter, the questration of carbon dioxide produced tive capacity shall be allocated among such term ‘qualified energy conservation bond’ through the use of fossil fuels, persons in such manner as the Secretary means any bond issued as part of an issue ‘‘(iii) increasing the efficiency of existing may prescribe. if— technologies for producing nonfossil fuels, ‘‘(6) REGULATIONS.—The Secretary may ‘‘(1) 100 percent of the available project ‘‘(iv) automobile battery technologies and prescribe such regulations as may be nec- proceeds of such issue are to be used for one other technologies to reduce fossil fuel con- essary to prevent the credit provided for in or more qualified conservation purposes, sumption in transportation, or subsection (a)(5) from directly or indirectly ‘‘(2) the bond is issued by a State or local ‘‘(v) technologies to reduce energy use in benefitting any person with a direct or indi- government, and buildings.

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‘‘(C) Mass commuting facilities and related (c) EFFECTIVE DATE.—The amendments made by subsection (e) shall apply to prop- facilities that reduce the consumption of en- made by this section shall apply to obliga- erty placed in service after the date of the ergy, including expenditures to reduce pollu- tions issued after the date of the enactment enactment of this Act. tion from vehicles used for mass commuting. of this Act. ‘‘(D) Demonstration projects designed to SEC. 303. ENERGY EFFICIENT COMMERCIAL SEC. 302. CREDIT FOR NONBUSINESS ENERGY BUILDINGS DEDUCTION. promote the commercialization of— PROPERTY. ‘‘(i) green building technology, (a) EXTENSION OF CREDIT.—Section 25C(g) is Subsection (h) of section 179D is amended ‘‘(ii) conversion of agricultural waste for amended by striking ‘‘placed in service after by striking ‘‘December 31, 2008’’ and insert- use in the production of fuel or otherwise, December 31, 2007’’ and inserting ‘‘placed in ing ‘‘December 31, 2013’’. ‘‘(iii) advanced battery manufacturing service— SEC. 304. NEW ENERGY EFFICIENT HOME CREDIT. technologies, ‘‘(1) after December 31, 2007, and before ‘‘(iv) technologies to reduce peak use of January 1, 2009, or Subsection (g) of section 45L (relating to electricity, or ‘‘(2) after December 31, 2011.’’. termination) is amended by striking ‘‘De- ‘‘(v) technologies for the capture and se- (b) QUALIFIED BIOMASS FUEL PROPERTY.— cember 31, 2008’’ and inserting ‘‘December 31, questration of carbon dioxide emitted from (1) IN GENERAL.—Section 25C(d)(3) is 2011’’. combusting fossil fuels in order to produce amended— electricity. (A) by striking ‘‘and’’ at the end of sub- SEC. 305. MODIFICATIONS OF ENERGY EFFICIENT ‘‘(E) Public education campaigns to pro- paragraph (D), APPLIANCE CREDIT FOR APPLI- ANCES PRODUCED AFTER 2007. mote energy efficiency. (B) by striking the period at the end of ‘‘(2) SPECIAL RULES FOR PRIVATE ACTIVITY subparagraph (E) and inserting ‘‘, and’’, and (a) IN GENERAL.—Subsection (b) of section BONDS.—For purposes of this section, in the (C) by adding at the end the following new 45M is amended to read as follows: case of any private activity bond, the term subparagraph: ‘‘(b) APPLICABLE AMOUNT.—For purposes of ‘qualified conservation purposes’ shall not ‘‘(F) a stove which uses the burning of bio- subsection (a)— include any expenditure which is not a cap- mass fuel to heat a dwelling unit located in ‘‘(1) DISHWASHERS.—The applicable amount ital expenditure. the United States and used as a residence by is— ‘‘(g) POPULATION.— the taxpayer, or to heat water for use in such ‘‘(A) $45 in the case of a dishwasher which ‘‘(1) IN GENERAL.—The population of any a dwelling unit, and which has a thermal ef- is manufactured in calendar year 2008 or 2009 State or local government shall be deter- ficiency rating of at least 75 percent.’’. and which uses no more than 324 kilowatt mined for purposes of this section as pro- (2) BIOMASS FUEL.—Section 25C(d) is vided in section 146(j) for the calendar year hours per year and 5.8 gallons per cycle, and amended by adding at the end the following ‘‘(B) $75 in the case of a dishwasher which which includes the date of the enactment of new paragraph: this section. is manufactured in calendar year 2008, 2009, ‘‘(6) BIOMASS FUEL.—The term ‘biomass or 2010 and which uses no more than 307 kilo- ‘‘(2) SPECIAL RULE FOR COUNTIES.—In deter- fuel’ means any plant-derived fuel available watt hours per year and 5.0 gallons per cycle mining the population of any county for pur- on a renewable or recurring basis, including poses of this section, any population of such (5.5 gallons per cycle for dishwashers de- agricultural crops and trees, wood and wood signed for greater than 12 place settings). county which is taken into account in deter- waste and residues (including wood pellets), mining the population of any municipality ‘‘(2) CLOTHES WASHERS.—The applicable plants (including aquatic plants), grasses, amount is— which is a large local government shall not residues, and fibers.’’. be taken into account in determining the ‘‘(A) $75 in the case of a residential top- (c) MODIFICATION OF WATER HEATER RE- loading clothes washer manufactured in cal- population of such county. QUIREMENTS.—Section 25C(d)(3)(E) is amend- ‘‘(h) APPLICATION TO INDIAN TRIBAL GOV- endar year 2008 which meets or exceeds a 1.72 ed by inserting ‘‘or a thermal efficiency of at ERNMENTS.—An Indian tribal government modified energy factor and does not exceed a shall be treated for purposes of this section least 90 percent’’ after ‘‘0.80’’. 8.0 water consumption factor, (d) COORDINATION WITH CREDIT FOR QUALI- in the same manner as a large local govern- ‘‘(B) $125 in the case of a residential top- FIED GEOTHERMAL HEATPUMP PROPERTY EX- ment, except that— loading clothes washer manufactured in cal- PENDITURES.— ‘‘(1) an Indian tribal government shall be endar year 2008 or 2009 which meets or ex- (1) IN GENERAL.—Paragraph (3) of section treated for purposes of subsection (e) as lo- ceeds a 1.8 modified energy factor and does 25C(d), as amended by subsections (b) and (c), cated within a State to the extent of so not exceed a 7.5 water consumption factor, is amended by striking subparagraph (C) and much of the population of such government ‘‘(C) $150 in the case of a residential or by redesignating subparagraphs (D), (E), and as resides within such State, and commercial clothes washer manufactured in (F) as subparagraphs (C), (D), and (E), respec- ‘‘(2) any bond issued by an Indian tribal calendar year 2008, 2009, or 2010 which meets tively. government shall be treated as a qualified or exceeds 2.0 modified energy factor and (2) CONFORMING AMENDMENT.—Subpara- energy conservation bond only if issued as does not exceed a 6.0 water consumption fac- graph (C) of section 25C(d)(2) is amended to part of an issue the available project pro- tor, and read as follows: ceeds of which are used for purposes for ‘‘(D) $250 in the case of a residential or ‘‘(C) REQUIREMENTS AND STANDARDS FOR AIR which such Indian tribal government could commercial clothes washer manufactured in CONDITIONERS AND HEAT PUMPS.—The stand- issue bonds to which section 103(a) applies.’’. calendar year 2008, 2009, or 2010 which meets ards and requirements prescribed by the Sec- (b) CONFORMING AMENDMENTS.— or exceeds 2.2 modified energy factor and retary under subparagraph (B) with respect (1) Paragraph (1) of section 54A(d), as does not exceed a 4.5 water consumption fac- to the energy efficiency ratio (EER) for cen- amended by this Act, is amended to read as tor. follows: tral air conditioners and electric heat ‘‘(3) REFRIGERATORS.—The applicable pumps— ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term amount is— ‘qualified tax credit bond’ means— ‘‘(i) shall require measurements to be ‘‘(A) $50 in the case of a refrigerator which ‘‘(A) a qualified forestry conservation based on published data which is tested by is manufactured in calendar year 2008, and bond, manufacturers at 95 degrees Fahrenheit, and consumes at least 20 percent but not more ‘‘(B) a new clean renewable energy bond, or ‘‘(ii) may be based on the certified data of than 22.9 percent less kilowatt hours per ‘‘(C) a qualified energy conservation bond, the Air Conditioning and Refrigeration Insti- year than the 2001 energy conservation which is part of an issue that meets require- tute that are prepared in partnership with standards, ments of paragraphs (2), (3), (4), (5), and (6).’’. the Consortium for Energy Efficiency.’’. ‘‘(B) $75 in the case of a refrigerator which (2) Subparagraph (C) of section 54A(d)(2), as (e) MODIFICATION OF QUALIFIED ENERGY EF- is manufactured in calendar year 2008 or 2009, amended by this Act, is amended to read as FICIENCY IMPROVEMENTS.— and consumes at least 23 percent but no follows: (1) IN GENERAL.—Paragraph (1) of section more than 24.9 percent less kilowatt hours ‘‘(C) QUALIFIED PURPOSE.—For purposes of 25C(c) is amended by inserting ‘‘, or an as- this paragraph, the term ‘qualified purpose’ phalt roof with appropriate cooling gran- per year than the 2001 energy conservation means— ules,’’ before ‘‘which meet the Energy Star standards, ‘‘(i) in the case of a qualified forestry con- program requirements’’. ‘‘(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009, servation bond, a purpose specified in section (2) BUILDING ENVELOPE COMPONENT.—Sub- 54B(e), paragraph (D) of section 25C(c)(2) is amend- or 2010, and consumes at least 25 percent but ‘‘(ii) in the case of a new clean renewable ed— not more than 29.9 percent less kilowatt energy bond, a purpose specified in section (A) by inserting ‘‘or asphalt roof’’ after hours per year than the 2001 energy con- 54C(a)(1), and ‘‘metal roof’’, and servation standards, and ‘‘(iii) in the case of a qualified energy con- (B) by inserting ‘‘or cooling granules’’ ‘‘(D) $200 in the case of a refrigerator man- servation bond, a purpose specified in section after ‘‘pigmented coatings’’. ufactured in calendar year 2008, 2009, or 2010 54D(a)(1).’’. (f) EFFECTIVE DATES.— and which consumes at least 30 percent less (3) The table of sections for subpart I of (1) IN GENERAL.—Except as provided in energy than the 2001 energy conservation part IV of subchapter A of chapter 1, as paragraph (2), the amendments made this standards.’’. amended by this Act, is amended by adding section shall apply to expenditures made (b) ELIGIBLE PRODUCTION.— at the end the following new item: after December 31, 2008. (1) SIMILAR TREATMENT FOR ALL APPLI- ‘‘Sec. 54D. Qualified energy conservation (2) MODIFICATION OF QUALIFIED ENERGY EF- ANCES.—Subsection (c) of section 45M is bonds.’’. FICIENCY IMPROVEMENTS.—The amendments amended—

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(A) by striking paragraph (2), ‘‘(9) GALLONS PER CYCLE.—The term ‘gal- smart electric meter or qualified smart elec- (B) by striking ‘‘(1) IN GENERAL’’ and all lons per cycle’ means, with respect to a dish- tric grid system, or’’. that follows through ‘‘the eligible’’ and in- washer, the amount of water, expressed in (d) EFFECTIVE DATE.—The amendments serting ‘‘The eligible’’, gallons, required to complete a normal cycle made by this section shall apply to property (C) by moving the text of such subsection of a dishwasher. placed in service after the date of the enact- in line with the subsection heading, and ‘‘(10) WATER CONSUMPTION FACTOR.—The ment of this Act. (D) by redesignating subparagraphs (A) and term ‘water consumption factor’ means, with SEC. 307. QUALIFIED GREEN BUILDING AND SUS- (B) as paragraphs (1) and (2), respectively, respect to a clothes washer, the quotient of TAINABLE DESIGN PROJECTS. and by moving such paragraphs 2 ems to the the total weighted per-cycle water consump- (a) IN GENERAL.—Paragraph (8) of section left. tion divided by the cubic foot (or liter) ca- 142(l) is amended by striking ‘‘September 30, (2) MODIFICATION OF BASE PERIOD.—Para- pacity of the clothes washer.’’. 2009’’ and inserting ‘‘September 30, 2012’’. (b) TREATMENT OF CURRENT REFUNDING graph (2) of section 45M(c), as amended by (f) EFFECTIVE DATE.—The amendments BONDS.—Paragraph (9) of section 142(l) is paragraph (1), is amended by striking ‘‘3-cal- made by this section shall apply to appli- amended by striking ‘‘October 1, 2009’’ and endar year’’ and inserting ‘‘2-calendar year’’. ances produced after December 31, 2007. inserting ‘‘October 1, 2012’’. (c) TYPES OF ENERGY EFFICIENT APPLI- SEC. 306. ACCELERATED RECOVERY PERIOD FOR (c) ACCOUNTABILITY.—The second sentence ANCES.—Subsection (d) of section 45M is DEPRECIATION OF SMART METERS of section 701(d) of the American Jobs Cre- amended to read as follows: AND SMART GRID SYSTEMS. ation Act of 2004 is amended by striking ‘‘(d) TYPES OF ENERGY EFFICIENT APPLI- (a) IN GENERAL.—Section 168(e)(3)(C) is ‘‘issuance,’’ and inserting ‘‘issuance of the ANCE.—For purposes of this section, the amended by striking ‘‘and’’ at the end of last issue with respect to such project,’’. types of energy efficient appliances are— clause (iv), by redesignating clause (v) as SEC. 308. SPECIAL DEPRECIATION ALLOWANCE ‘‘(1) dishwashers described in subsection clause (vii), and by inserting after clause (iv) FOR CERTAIN REUSE AND RECY- (b)(1), the following new clauses: CLING PROPERTY. ‘‘(2) clothes washers described in sub- ‘‘(v) any qualified smart electric meter, (a) IN GENERAL.—Section 168 is amended by section (b)(2), and ‘‘(vi) any qualified smart electric grid sys- adding at the end the following new sub- ‘‘(3) refrigerators described in subsection tem, and’’. section: (b)(3).’’. (b) DEFINITIONS.—Section 168(i) is amended ‘‘(m) SPECIAL ALLOWANCE FOR CERTAIN (d) AGGREGATE CREDIT AMOUNT ALLOWED.— by inserting at the end the following new REUSE AND RECYCLING PROPERTY.— (1) INCREASE IN LIMIT.—Paragraph (1) of paragraph: ‘‘(1) IN GENERAL.—In the case of any quali- section 45M(e) is amended to read as follows: ‘‘(18) QUALIFIED SMART ELECTRIC METERS.— fied reuse and recycling property— ‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.— ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(A) the depreciation deduction provided The aggregate amount of credit allowed smart electric meter’ means any smart elec- by section 167(a) for the taxable year in under subsection (a) with respect to a tax- tric meter which is placed in service by a which such property is placed in service shall payer for any taxable year shall not exceed taxpayer who is a supplier of electric energy include an allowance equal to 50 percent of $75,000,000 reduced by the amount of the or a provider of electric energy services. the adjusted basis of the qualified reuse and recycling property, and credit allowed under subsection (a) to the ‘‘(B) SMART ELECTRIC METER.—For purposes taxpayer (or any predecessor) for all prior of subparagraph (A), the term ‘smart electric ‘‘(B) the adjusted basis of the qualified taxable years beginning after December 31, meter’ means any time-based meter and re- reuse and recycling property shall be reduced 2007.’’. lated communication equipment which is ca- by the amount of such deduction before com- puting the amount otherwise allowable as a (2) EXCEPTION FOR CERTAIN REFRIGERATOR pable of being used by the taxpayer as part depreciation deduction under this chapter AND CLOTHES WASHERS.—Paragraph (2) of sec- of a system that— for such taxable year and any subsequent tion 45M(e) is amended to read as follows: ‘‘(i) measures and records electricity usage taxable year. ‘‘(2) AMOUNT ALLOWED FOR CERTAIN REFRIG- data on a time-differentiated basis in at ‘‘(2) QUALIFIED REUSE AND RECYCLING PROP- ERATORS AND CLOTHES WASHERS.—Refrig- least 24 separate time segments per day, ERTY.—For purposes of this subsection— erators described in subsection (b)(3)(D) and ‘‘(ii) provides for the exchange of informa- ‘‘(A) IN GENERAL.—The term ‘qualified clothes washers described in subsection tion between supplier or provider and the reuse and recycling property’ means any (b)(2)(D) shall not be taken into account customer’s electric meter in support of time- reuse and recycling property— under paragraph (1).’’. based rates or other forms of demand re- ‘‘(i) to which this section applies, (e) QUALIFIED ENERGY EFFICIENT APPLI- sponse, ‘‘(ii) which has a useful life of at least 5 ANCES.— ‘‘(iii) provides data to such supplier or pro- years, (1) IN GENERAL.—Paragraph (1) of section vider so that the supplier or provider can ‘‘(iii) the original use of which commences 45M(f) is amended to read as follows: provide energy usage information to cus- with the taxpayer after August 31, 2008, and ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLI- tomers electronically, and ‘‘(iv) which is— ANCE.—The term ‘qualified energy efficient ‘‘(iv) provides net metering. ‘‘(I) acquired by purchase (as defined in appliance’ means— ‘‘(19) QUALIFIED SMART ELECTRIC GRID SYS- section 179(d)(2)) by the taxpayer after Au- ‘‘(A) any dishwasher described in sub- TEMS.— gust 31, 2008, but only if no written binding section (b)(1), ‘‘(A) IN GENERAL.—The term ‘qualified contract for the acquisition was in effect be- ‘‘(B) any clothes washer described in sub- smart electric grid system’ means any smart fore September 1, 2008, or section (b)(2), and grid property used as part of a system for ‘‘(II) acquired by the taxpayer pursuant to ‘‘(C) any refrigerator described in sub- electric distribution grid communications, a written binding contract which was en- section (b)(3).’’. monitoring, and management placed in serv- tered into after August 31, 2008. (2) CLOTHES WASHER.—Section 45M(f)(3) is ice by a taxpayer who is a supplier of electric ‘‘(B) EXCEPTIONS.— amended by inserting ‘‘commercial’’ before energy or a provider of electric energy serv- ‘‘(i) BONUS DEPRECIATION PROPERTY UNDER ‘‘residential’’ the second place it appears. ices. SUBSECTION (k).—The term ‘qualified reuse (3) TOP-LOADING CLOTHES WASHER.—Sub- ‘‘(B) SMART GRID PROPERTY.—For the pur- and recycling property’ shall not include any section (f) of section 45M is amended by re- poses of subparagraph (A), the term ‘smart property to which section 168(k) applies. designating paragraphs (4), (5), (6), and (7) as grid property’ means electronics and related ‘‘(ii) ALTERNATIVE DEPRECIATION PROP- paragraphs (5), (6), (7), and (8), respectively, equipment that is capable of— ERTY.—The term ‘qualified reuse and recy- and by inserting after paragraph (3) the fol- ‘‘(i) sensing, collecting, and monitoring cling property’ shall not include any prop- lowing new paragraph: data of or from all portions of a utility’s erty to which the alternative depreciation ‘‘(4) TOP-LOADING CLOTHES WASHER.—The electric distribution grid, system under subsection (g) applies, deter- term ‘top-loading clothes washer’ means a ‘‘(ii) providing real-time, two-way commu- mined without regard to paragraph (7) of clothes washer which has the clothes con- nications to monitor or manage such grid, subsection (g) (relating to election to have tainer compartment access located on the and system apply). top of the machine and which operates on a ‘‘(iii) providing real time analysis of and ‘‘(iii) ELECTION OUT.—If a taxpayer makes vertical axis.’’. event prediction based upon collected data an election under this clause with respect to (4) REPLACEMENT OF ENERGY FACTOR.—Sec- that can be used to improve electric distribu- any class of property for any taxable year, tion 45M(f)(6), as redesignated by paragraph tion system reliability, quality, and per- this subsection shall not apply to all prop- (3), is amended to read as follows: formance.’’. erty in such class placed in service during ‘‘(6) MODIFIED ENERGY FACTOR.—The term (c) CONTINUED APPLICATION OF 150 PERCENT such taxable year. ‘modified energy factor’ means the modified DECLINING BALANCE METHOD.—Paragraph (2) ‘‘(C) SPECIAL RULE FOR SELF-CONSTRUCTED energy factor established by the Department of section 168(b) is amended by striking ‘‘or’’ PROPERTY.—In the case of a taxpayer manu- of Energy for compliance with the Federal at the end of subparagraph (B), by redesig- facturing, constructing, or producing prop- energy conservation standard.’’. nating subparagraph (C) as subparagraph (D), erty for the taxpayer’s own use, the require- (5) GALLONS PER CYCLE; WATER CONSUMP- and by inserting after subparagraph (B) the ments of clause (iv) of subparagraph (A) shall TION FACTOR.—Section 45M(f), as amended by following new subparagraph: be treated as met if the taxpayer begins paragraph (3), is amended by adding at the ‘‘(C) any property (other than property de- manufacturing, constructing, or producing end the following: scribed in paragraph (3)) which is a qualified the property after August 31, 2008.

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‘‘(D) DEDUCTION ALLOWED IN COMPUTING (c) PROPERTY LOCATED OUTSIDE THE UNITED (1) IN GENERAL.—The amendment made by MINIMUM TAX.—For purposes of determining STATES NOT TREATED AS EXEMPT UTILITY subsection (a) shall apply to electricity pro- alternative minimum taxable income under PROPERTY.—Paragraph (5) of section 451(i) is duced in taxable years beginning after the section 55, the deduction under subsection amended by adding at the end the following date of the enactment of this Act. (a) for qualified reuse and recycling property new subparagraph: (2) ALLOCATION OF CREDIT.—The amend- shall be determined under this section with- ‘‘(C) EXCEPTION FOR PROPERTY LOCATED ments made by subsection (b) shall apply to out regard to any adjustment under section OUTSIDE THE UNITED STATES.—The term ‘ex- taxable years beginning after the date of the 56. empt utility property’ shall not include any enactment of this Act. ‘‘(3) DEFINITIONS.—For purposes of this sub- property which is located outside the United SEC. 403. INCOME AVERAGING FOR AMOUNTS RE- section— States.’’. CEIVED IN CONNECTION WITH THE ‘‘(A) REUSE AND RECYCLING PROPERTY.— (d) EFFECTIVE DATES.— EXXON VALDEZ LITIGATION. XTENSION ‘‘(i) IN GENERAL.—The term ‘reuse and re- (1) E .—The amendments made by (a) INCOME AVERAGING OF AMOUNTS RE- cycling property’ means any machinery and subsection (a) shall apply to transactions CEIVED FROM THE EXXON VALDEZ LITIGA- equipment (not including buildings or real after December 31, 2007. TION.—For purposes of section 1301 of the In- estate), along with all appurtenances there- (2) TRANSFERS OF OPERATIONAL CONTROL.— ternal Revenue Code of 1986— to, including software necessary to operate The amendment made by subsection (b) shall (1) any qualified taxpayer who receives any such equipment, which is used exclusively to take effect as if included in section 909 of the qualified settlement income in any taxable collect, distribute, or recycle qualified reuse American Jobs Creation Act of 2004. year shall be treated as engaged in a fishing and recyclable materials. (3) EXCEPTION FOR PROPERTY LOCATED OUT- business (determined without regard to the ‘‘(ii) EXCLUSION.—Such term does not in- SIDE THE UNITED STATES.—The amendment commercial nature of the business), and clude rolling stock or other equipment used made by subsection (c) shall apply to trans- (2) such qualified settlement income shall to transport reuse and recyclable materials. actions after the date of the enactment of be treated as income attributable to such a ‘‘(B) QUALIFIED REUSE AND RECYCLABLE MA- this Act. fishing business for such taxable year. TERIALS.— SEC. 402. MODIFICATION OF CREDIT FOR PRO- (b) CONTRIBUTIONS OF AMOUNTS RECEIVED ‘‘(i) IN GENERAL.—The term ‘qualified reuse DUCTION FROM ADVANCED NU- TO RETIREMENT ACCOUNTS.— and recyclable materials’ means scrap plas- CLEAR POWER FACILITIES. (1) IN GENERAL.—Any qualified taxpayer tic, scrap glass, scrap textiles, scrap rubber, (a) IN GENERAL.—Paragraph (2) of section scrap packaging, recovered fiber, scrap fer- 45J(b) (relating to national limitation) is who receives qualified settlement income rous and nonferrous metals, or electronic amended by striking ‘‘6,000 megawatts’’ and during the taxable year may, at any time be- scrap generated by an individual or business. inserting ‘‘8,000 megawatts’’. fore the end of the taxable year in which such income was received, make one or more ‘‘(ii) ELECTRONIC SCRAP.—For purposes of (b) ALLOCATION OF CREDIT TO PRIVATE clause (i), the term ‘electronic scrap’ PARTNERS OF TAX-EXEMPT ENTITIES.— contributions to an eligible retirement plan means— (1) IN GENERAL.—Section 45J (relating to of which such qualified taxpayer is a bene- ‘‘(I) any cathode ray tube, flat panel credit for production from advanced nuclear ficiary in an aggregate amount not to exceed screen, or similar video display device with a power facilities) is amended— the lesser of— screen size greater than 4 inches measured (A) by redesignating subsection (e) as sub- (A) $100,000 (reduced by the amount of diagonally, or section (f), and qualified settlement income contributed to ‘‘(II) any central processing unit. (B) by inserting after subsection (d) the an eligible retirement plan in prior taxable ‘‘(C) RECYCLING OR RECYCLE.—The term ‘re- following new subsection: years pursuant to this subsection), or cycling’ or ‘recycle’ means that process (in- ‘‘(e) SPECIAL RULE FOR PUBLIC-PRIVATE (B) the amount of qualified settlement in- cluding sorting) by which worn or super- PARTNERSHIPS.— come received by the individual during the fluous materials are manufactured or proc- ‘‘(1) IN GENERAL.—In the case of an ad- taxable year. essed into specification grade commodities vanced nuclear power facility which is owned (2) TIME WHEN CONTRIBUTIONS DEEMED that are suitable for use as a replacement or by a public-private partnership, any quali- MADE.—For purposes of paragraph (1), a substitute for virgin materials in manufac- fied public entity which is a member of such qualified taxpayer shall be deemed to have turing tangible consumer and commercial partnership may transfer such entity’s allo- made a contribution to an eligible retire- products, including packaging.’’. cation of the credit under subsection (a) to ment plan on the last day of the taxable year (b) EFFECTIVE DATE.—The amendment any non-public entity which is a member of in which such income is received if the con- made by this section shall apply to property such partnership, except that the aggregate tribution is made on account of such taxable placed in service after August 31, 2008. allocations of such credit claimed by such year and is made not later than the time pre- TITLE IV—MISCELLANEOUS ENERGY non-public entity shall be subject to the lim- scribed by law for filing the return for such PROVISIONS itations under subsections (b) and (c) and taxable year (not including extensions there- section 38(c). of). SEC. 401. SPECIAL RULE TO IMPLEMENT FERC (3) TREATMENT OF CONTRIBUTIONS TO ELIGI- AND STATE ELECTRIC RESTRUC- ‘‘(2) QUALIFIED PUBLIC ENTITY.—For pur- TURING POLICY. poses of this subsection, the term ‘qualified BLE RETIREMENT PLANS.—For purposes of the (a) EXTENSION FOR QUALIFIED ELECTRIC public entity’ means a Federal, State, or Internal Revenue Code of 1986, if a contribu- UTILITIES.— local government entity, or any political tion is made pursuant to paragraph (1) with (1) IN GENERAL.—Paragraph (3) of section subdivision thereof, or a cooperative organi- respect to qualified settlement income, 451(i) is amended by inserting ‘‘(before Janu- zation described in section 1381(a). then— ary 1, 2010, in the case of a qualified electric ‘‘(3) VERIFICATION OF TRANSFER OF ALLOCA- (A) except as provided in paragraph (4)— utility)’’ after ‘‘January 1, 2008’’. TION.—A qualified public entity that makes a (i) to the extent of such contribution, the (2) QUALIFIED ELECTRIC UTILITY.—Sub- transfer under paragraph (1), and a non-pub- qualified settlement income shall not be in- section (i) of section 451 is amended by redes- lic entity that receives an allocation under cluded in taxable income, and ignating paragraphs (6) through (10) as para- such a transfer, shall provide verification of (ii) for purposes of section 72 of such Code, graphs (7) through (11), respectively, and by such transfer in such manner and at such such contribution shall not be considered to inserting after paragraph (5) the following time as the Secretary shall prescribe.’’. be investment in the contract, new paragraph: (2) COORDINATION WITH GENERAL BUSINESS (B) the qualified taxpayer shall, to the ex- ‘‘(6) QUALIFIED ELECTRIC UTILITY.—For pur- CREDIT.—Subsection (c) of section 38 (relat- tent of the amount of the contribution, be poses of this subsection, the term ‘qualified ing to limitation based on amount of tax) is treated— electric utility’ means a person that, as of amended by adding at the end the following (i) as having received the qualified settle- the date of the qualifying electric trans- new paragraph: ment income— mission transaction, is vertically integrated, ‘‘(6) SPECIAL RULE FOR CREDIT FOR PRODUC- (I) in the case of a contribution to an indi- in that it is both— TION FROM ADVANCED NUCLEAR POWER FACILI- vidual retirement plan (as defined under sec- ‘‘(A) a transmitting utility (as defined in TIES.— tion 7701(a)(37) of such Code), in a distribu- section 3(23) of the Federal Power Act (16 ‘‘(A) IN GENERAL.—In the case of the credit tion described in section 408(d)(3) of such U.S.C. 796(23))) with respect to the trans- for production from advanced nuclear power Code, and mission facilities to which the election facilities determined under section 45J(a), (II) in the case of any other eligible retire- under this subsection applies, and paragraph (1) shall not apply with respect to ment plan, in an eligible rollover distribu- ‘‘(B) an electric utility (as defined in sec- any qualified public entity (as defined in sec- tion (as defined under section 402(f)(2) of such tion 3(22) of the Federal Power Act (16 U.S.C. tion 45J(e)(2)) which transfers the entity’s al- Code), and 796(22))).’’. location of such credit to a non-public part- (ii) as having transferred the amount to (b) EXTENSION OF PERIOD FOR TRANSFER OF ner as provided in section 45J(e)(1). the eligible retirement plan in a direct trust- OPERATIONAL CONTROL AUTHORIZED BY ‘‘(B) VERIFICATION OF TRANSFER.—Subpara- ee to trustee transfer within 60 days of the FERC.—Clause (ii) of section 451(i)(4)(B) is graph (A) shall not apply to any qualified distribution, amended by striking ‘‘December 31, 2007’’ and public entity unless such entity provides (C) section 408(d)(3)(B) of the Internal Rev- inserting ‘‘the date which is 4 years after the verification of a transfer of credit allocation enue Code of 1986 shall not apply with re- close of the taxable year in which the trans- as required under section 45J(e)(3).’’. spect to amounts treated as a rollover under action occurs’’. (c) EFFECTIVE DATE.— this paragraph, and

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(D) section 408A(c)(3)(B) of the Internal (2) DISQUALIFIED OIL COMPANY.—Section ‘‘(b) CREDIT FOR FEDERAL ROYALTIES Revenue Code of 1986 shall not apply with re- 199(c) of such Code is amended by adding at PAID.— spect to amounts contributed to a Roth IRA the end the following new paragraph: ‘‘(1) IN GENERAL.—There shall be allowed as (as defined under section 408A(b) of such ‘‘(8) DISQUALIFIED OIL COMPANY.— a credit against the tax imposed by sub- Code) or a designated Roth contribution to ‘‘(A) IN GENERAL.—The term ‘disqualified section (a) with respect to the production of an applicable retirement plan (within the oil company’ means— any taxable crude oil or natural gas an meaning of section 402A of such Code) under ‘‘(i) any major integrated oil company (as amount equal to the aggregate amount of this paragraph. defined in section 167(h)(5)(B)) during any royalties paid under Federal law with re- (4) SPECIAL RULE FOR ROTH IRAS AND ROTH taxable year described in section 167(h)(5)(B), spect to such production. 401(k)S.—For purposes of the Internal Rev- or ‘‘(2) LIMITATION.—The aggregate amount of enue Code of 1986, if a contribution is made ‘‘(ii) any controlled commercial entity (as credits allowed under paragraph (1) to any pursuant to paragraph (1) with respect to defined in section 892(a)(2)(B)) the commer- taxpayer for any taxable period shall not ex- qualified settlement income to a Roth IRA cial activities of which during the taxable ceed the amount of tax imposed by sub- (as defined under section 408A(b) of such year includes the production, refining, proc- section (a) for such taxable period. Code) or as a designated Roth contribution essing, transportation, or distribution of oil, ‘‘(c) TAX PAID BY PRODUCER.—The tax im- to an applicable retirement plan (within the gas, or any primary product thereof. posed by this section shall be paid by the meaning of section 402A of such Code), ‘‘(B) PRIMARY PRODUCT.—The term ‘pri- producer of the taxable crude oil or natural then— mary product’ has the same meaning as gas. (A) the qualified settlement income shall when used in section 927(a)(2)(C), as in effect ‘‘SEC. 5897. TAXABLE CRUDE OIL OR NATURAL be includible in taxable income, and before its repeal.’’. GAS AND REMOVAL PRICE. (B) for purposes of section 72 of such Code, (b) LIMITATION ON OIL RELATED QUALIFIED ‘‘(a) TAXABLE CRUDE OIL OR NATURAL GAS.—For purposes of this chapter, the term such contribution shall be considered to be PRODUCTION ACTIVITIES INCOME FOR TAX- ‘taxable crude oil or natural gas’ means investment in the contract. PAYERS OTHER THAN MAJOR INTEGRATED OIL crude oil or natural gas which is produced (5) ELIGIBLE RETIREMENT PLAN.—For pur- COMPANIES AND STATE-OWNED OIL COMPA- from Federal submerged lands on the outer pose of this subsection, the term ‘‘eligible re- NIES.— Continental Shelf in the Gulf of Mexico pur- tirement plan’’ has the meaning given such (1) IN GENERAL.—Section 199(d) of the Inter- suant to a lease entered into with the United term under section 402(c)(8)(B) of the Inter- nal Revenue Code of 1986 is amended by re- States which authorizes the production. designating paragraph (9) as paragraph (10) nal Revenue Code of 1986. ‘‘(b) REMOVAL PRICE.—For purposes of this (c) TREATMENT OF QUALIFIED SETTLEMENT and by inserting after paragraph (8) the fol- chapter— INCOME UNDER EMPLOYMENT TAXES.— lowing new paragraph: ‘‘(1) IN GENERAL.—Except as otherwise pro- (1) SECA.—For purposes of chapter 2 of the ‘‘(9) SPECIAL RULE FOR TAXPAYERS WITH OIL vided in this subsection, the term ‘removal Internal Revenue Code of 1986 and section 211 RELATED QUALIFIED PRODUCTION ACTIVITIES IN- price’ means— of the Social Security Act, no portion of COME.— ‘‘(A) in the case of taxable crude oil, the qualified settlement income received by a ‘‘(A) IN GENERAL.—If a taxpayer (other amount for which a barrel of such crude oil qualified taxpayer shall be treated as self- than a disqualified oil company) has oil re- is sold, and employment income. lated qualified production activities income ‘‘(B) in the case of taxable natural gas, the (2) FICA.—For purposes of chapter 21 of the for any taxable year beginning after 2009, the amount per 1,000 cubic feet for which such Internal Revenue Code of 1986 and section 209 amount otherwise allowable as a deduction natural gas is sold. of the Social Security Act, no portion of under subsection (a) shall be reduced by 3 ‘‘(2) SALES BETWEEN RELATED PERSONS.—In qualified settlement income received by a percent of the least of— the case of a sale between related persons, qualified taxpayer shall be treated as wages. ‘‘(i) the oil related qualified production ac- the removal price shall not be less than the tivities income of the taxpayer for the tax- (d) QUALIFIED TAXPAYER.—For purposes of constructive sales price for purposes of de- this section, the term ‘‘qualified taxpayer’’ able year, termining gross income from the property means— ‘‘(ii) the qualified production activities in- under section 613. come of the taxpayer for the taxable year, or (1) any individual who is a plaintiff in the ‘‘(3) OIL OR GAS REMOVED FROM PROPERTY ‘‘(iii) taxable income (determined without civil action In re Exxon Valdez, No. 89–095–CV BEFORE SALE.—If crude oil or natural gas is (HRH) (Consolidated) (D. Alaska); or regard to this section). removed from the property before it is sold, (2) any individual who is a beneficiary of ‘‘(B) OIL RELATED QUALIFIED PRODUCTION the removal price shall be the constructive the estate of such a plaintiff who— ACTIVITIES INCOME.—The term ‘oil related sales price for purposes of determining gross (A) acquired the right to receive qualified qualified production activities income’ income from the property under section 613. means for any taxable year the qualified pro- settlement income from that plaintiff; and ‘‘(4) REFINING BEGUN ON PROPERTY.—If the (B) was the spouse or an immediate rel- duction activities income which is attrib- manufacture or conversion of crude oil into ative of that plaintiff. utable to the production, refining, proc- refined products begins before such oil is re- essing, transportation, or distribution of oil, (e) QUALIFIED SETTLEMENT INCOME.—For moved from the property— gas, or any primary product thereof during purposes of this section, the term ‘‘qualified ‘‘(A) such oil shall be treated as removed such taxable year.’’. settlement income’’ means any interest and on the day such manufacture or conversion (2) CONFORMING AMENDMENT.—Section punitive damage awards which are— begins, and 199(d)(2) of such Code (relating to application (1) otherwise includible in taxable income, ‘‘(B) the removal price shall be the con- to individuals) is amended by striking ‘‘sub- and structive sales price for purposes of deter- section (a)(1)(B)’’ and inserting ‘‘subsections (2) received (whether as lump sums or peri- mining gross income from the property (a)(1)(B) and (d)(9)(A)(iii)’’. odic payments) in connection with the civil under section 613. (c) EFFECTIVE DATE.—The amendments action In re Exxon Valdez, No. 89–095–CV ‘‘(5) PROPERTY.—The term ‘property’ has made by this section shall apply to taxable the meaning given such term by section 614. (HRH) (Consolidated) (D. Alaska) (whether years beginning after December 31, 2008. pre- or post-judgment and whether related to ‘‘SEC. 5898. SPECIAL RULES AND DEFINITIONS. a settlement or judgment). SEC. 502. TAX ON CRUDE OIL AND NATURAL GAS ‘‘(a) ADMINISTRATIVE REQUIREMENTS.— PRODUCED FROM THE OUTER CON- ‘‘(1) WITHHOLDING AND DEPOSIT OF TAX.— TITLE V—REVENUE PROVISIONS TINENTAL SHELF IN THE GULF OF MEXICO. The Secretary shall provide for the with- SEC. 501. LIMITATION OF DEDUCTION FOR IN- (a) IN GENERAL.—Subtitle E (relating to al- holding and deposit of the tax imposed under COME ATTRIBUTABLE TO DOMESTIC cohol, tobacco, and certain other excise section 5896 on a quarterly basis. PRODUCTION OF OIL, GAS, OR PRI- ‘‘(2) RECORDS AND INFORMATION.—Each tax- MARY PRODUCTS THEREOF. taxes) is amended by adding at the end the following new chapter: payer liable for tax under section 5896 shall (a) DENIAL OF DEDUCTION FOR MAJOR INTE- keep such records, make such returns, and GRATED OIL COMPANIES AND STATE-OWNED OIL ‘‘CHAPTER 56—TAX ON SEVERANCE OF furnish such information (to the Secretary COMPANIES FOR INCOME ATTRIBUTABLE TO DO- CRUDE OIL AND NATURAL GAS FROM and to other persons having an interest in MESTIC PRODUCTION OF OIL, GAS, OR PRIMARY THE OUTER CONTINENTAL SHELF IN the taxable crude oil or natural gas) with re- PRODUCTS THEREOF.— THE GULF OF MEXICO spect to such oil as the Secretary may by (1) IN GENERAL.—Subparagraph (B) of sec- ‘‘Sec. 5896. Imposition of tax. regulations prescribe. tion 199(c)(4) of the Internal Revenue Code of ‘‘Sec. 5897. Taxable crude oil or natural gas ‘‘(3) TAXABLE PERIODS; RETURN OF TAX.— 1986 (relating to exceptions) is amended by and removal price. ‘‘(A) TAXABLE PERIOD.—Except as provided striking ‘‘or’’ at the end of clause (ii), by ‘‘Sec. 5898. Special rules and definitions. by the Secretary, each calendar year shall striking the period at the end of clause (iii) ‘‘SEC. 5896. IMPOSITION OF TAX. constitute a taxable period. and inserting ‘‘, or’’, and by inserting after ‘‘(a) IN GENERAL.—In addition to any other ‘‘(B) RETURNS.—The Secretary shall pro- clause (iii) the following new clause: tax imposed under this title, there is hereby vide for the filing, and the time for filing, of ‘‘(iv) in the case of any disqualified oil imposed a tax equal to 13 percent of the re- the return of the tax imposed under section company, the production, refining, proc- moval price of any taxable crude oil or nat- 5896. essing, transportation, or distribution of oil, ural gas removed from the premises during ‘‘(b) DEFINITIONS.—For purposes of this gas, or any primary product thereof.’’. any taxable period. chapter—

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‘‘(1) PRODUCER.—The term ‘producer’ have been paid or accrued under section 902 before the date of the enactment of the Rev- means the holder of the economic interest or 960) during the taxable year with respect enue Reconciliation Act of 1990)) for the tax- with respect to the crude oil or natural gas. to foreign oil related income (determined able year, or ‘‘(2) CRUDE OIL.—The term ‘crude oil’ in- without regard to subsection (c)(4)) or loss ‘‘(II) any loss for the taxable year which cludes crude oil condensates and natural gas- which would be taken into account for pur- arises from fire, storm, shipwreck, or other oline. poses of section 901 without regard to this casualty, or from theft, ‘‘(3) PREMISES AND CRUDE OIL PRODUCT.— section.’’. to the extent such loss is not compensated The terms ‘premises’ and ‘crude oil product’ (b) RECAPTURE OF FOREIGN OIL AND GAS for by insurance or otherwise. have the same meanings as when used for LOSSES.—Paragraph (4) of section 907(c) (re- ‘‘(iv) FOREIGN OIL EXTRACTION LOSS.—For purposes of determining gross income from lating to recapture of foreign oil and gas ex- purposes of subparagraph (B)(ii)(I), foreign the property under section 613. traction losses by recharacterizing later ex- oil extraction losses shall be determined ‘‘(c) ADJUSTMENT OF REMOVAL PRICE.—In traction income) is amended to read as fol- under this paragraph as in effect on the day determining the removal price of oil or nat- lows: before the date of the enactment of the En- ural gas from a property in the case of any ‘‘(4) RECAPTURE OF FOREIGN OIL AND GAS ergy Independence and Investment Act of transaction, the Secretary may adjust the LOSSES BY RECHARACTERIZING LATER COM- 2008.’’. removal price to reflect clearly the fair mar- BINED FOREIGN OIL AND GAS INCOME.— (c) CARRYBACK AND CARRYOVER OF DIS- ket value of oil or natural gas removed. ‘‘(A) IN GENERAL.—The combined foreign ALLOWED CREDITS.—Section 907(f) (relating ‘‘(d) REGULATIONS.—The Secretary shall oil and gas income of a taxpayer for a tax- to carryback and carryover of disallowed prescribe such regulations as may be nec- able year (determined without regard to this credits) is amended— essary or appropriate to carry out the pur- paragraph) shall be reduced— (1) by striking ‘‘oil and gas extraction poses of this chapter.’’. ‘‘(i) first by the amount determined under taxes’’ each place it appears and inserting (b) DEDUCTIBILITY OF TAX.—The first sen- subparagraph (B), and ‘‘foreign oil and gas taxes’’, and tence of section 164(a) (relating to deduction ‘‘(ii) then by the amount determined under (2) by adding at the end the following new for taxes) is amended by inserting after para- subparagraph (C). paragraph: graph (5) the following new paragraph: The aggregate amount of such reductions ‘‘(4) TRANSITION RULES FOR PRE-2009 AND 2009 ‘‘(6) The tax imposed by section 5896(a) shall be treated as income (from sources DISALLOWED CREDITS.— (after application of section 5896(b)) on the without the United States) which is not com- ‘‘(A) PRE-2009 CREDITS.—In the case of any severance of crude oil or natural gas from bined foreign oil and gas income. unused credit year beginning before January the outer Continental Shelf in the Gulf of ‘‘(B) REDUCTION FOR PRE-2009 FOREIGN OIL 1, 2009, this subsection shall be applied to Mexico.’’. EXTRACTION LOSSES.—The reduction under any unused oil and gas extraction taxes car- (c) CLERICAL AMENDMENT.—The table of this paragraph shall be equal to the lesser ried from such unused credit year to a year chapters for subtitle E is amended by adding of— beginning after December 31, 2008— at the end the following new item: ‘‘(i) the foreign oil and gas extraction in- ‘‘(i) by substituting ‘oil and gas extraction come of the taxpayer for the taxable year ‘‘CHAPTER 56. Tax on severance of crude oil taxes’ for ‘foreign oil and gas taxes’ each (determined without regard to this para- and natural gas from the outer place it appears in paragraphs (1), (2), and (3), graph), or Continental Shelf in the Gulf of and ‘‘(ii) the excess of— Mexico.’’. ‘‘(ii) by computing, for purposes of para- ‘‘(I) the aggregate amount of foreign oil ex- (d) EFFECTIVE DATE.—The amendments graph (2)(A), the limitation under subpara- traction losses for preceding taxable years made by this section shall apply to crude oil graph (A) for the year to which such taxes beginning after December 31, 1982, and before are carried by substituting ‘foreign oil and or natural gas removed after December 31, January 1, 2009, over gas extraction income’ for ‘foreign oil and 2008. ‘‘(II) so much of such aggregate amount as gas income’ in subsection (a). SEC. 503. ELIMINATION OF THE DIFFERENT was recharacterized under this paragraph (as ‘‘(B) 2009 CREDITS.—In the case of any un- TREATMENT OF FOREIGN OIL AND in effect before and after the date of the en- GAS EXTRACTION INCOME AND FOR- used credit year beginning in 2009, the actment of the Energy Independence and In- EIGN OIL RELATED INCOME FOR amendments made to this subsection by the vestment Act of 2008) for preceding taxable PURPOSES OF THE FOREIGN TAX Energy Independence and Investment Act of years beginning after December 31, 1982. CREDIT. 2008 shall be treated as being in effect for (a) IN GENERAL.—Subsections (a) and (b) of ‘‘(C) REDUCTION FOR POST-2008 FOREIGN OIL any preceding year beginning before January section 907 (relating to special rules in case AND GAS LOSSES.—The reduction under this 1, 2009, solely for purposes of determining of foreign oil and gas income) are amended paragraph shall be equal to the lesser of— how much of the unused foreign oil and gas to read as follows: ‘‘(i) the combined foreign oil and gas in- taxes for such unused credit year may be ‘‘(a) REDUCTION IN AMOUNT ALLOWED AS come of the taxpayer for the taxable year deemed paid or accrued in such preceding FOREIGN TAX UNDER SECTION 901.—In apply- (determined without regard to this para- year.’’. ing section 901, the amount of any foreign oil graph), reduced by an amount equal to the (d) CONFORMING AMENDMENT.—Section reduction under subparagraph (A) for the and gas taxes paid or accrued (or deemed to 6501(i) is amended by striking ‘‘oil and gas taxable year, or have been paid) during the taxable year extraction taxes’’ and inserting ‘‘foreign oil ‘‘(ii) the excess of— which would (but for this subsection) be and gas taxes’’. taken into account for purposes of section ‘‘(I) the aggregate amount of foreign oil (e) EFFECTIVE DATE.—The amendments 901 shall be reduced by the amount (if any) and gas losses for preceding taxable years be- made by this section shall apply to taxable by which the amount of such taxes exceeds ginning after December 31, 2008, over years beginning after December 31, 2008. the product of— ‘‘(II) so much of such aggregate amount as SEC. 504. BROKER REPORTING OF CUSTOMER’S ‘‘(1) the amount of the combined foreign oil was recharacterized under this paragraph for BASIS IN SECURITIES TRANS- and gas income for the taxable year, preceding taxable years beginning after De- ACTIONS. ‘‘(2) multiplied by— cember 31, 2008. (a) IN GENERAL.— ‘‘(A) in the case of a corporation, the per- ‘‘(D) FOREIGN OIL AND GAS LOSS DEFINED.— (1) BROKER REPORTING FOR SECURITIES centage which is equal to the highest rate of ‘‘(i) IN GENERAL.—For purposes of this TRANSACTIONS.—Section 6045 is amended by tax specified under section 11(b), or paragraph, the term ‘foreign oil and gas loss’ adding at the end the following new sub- ‘‘(B) in the case of an individual, a fraction means the amount by which— section: the numerator of which is the tax against ‘‘(I) the gross income for the taxable year ‘‘(g) ADDITIONAL INFORMATION REQUIRED IN which the credit under section 901(a) is taken from sources without the United States and THE CASE OF SECURITIES TRANSACTIONS, and the denominator of which is the tax- its possessions (whether or not the taxpayer ETC.— payer’s entire taxable income. chooses the benefits of this subpart for such ‘‘(1) IN GENERAL.—If a broker is otherwise ‘‘(b) COMBINED FOREIGN OIL AND GAS IN- taxable year) taken into account in deter- required to make a return under subsection COME; FOREIGN OIL AND GAS TAXES.—For pur- mining the combined foreign oil and gas in- (a) with respect to the gross proceeds of the poses of this section— come for such year, is exceeded by sale of a covered security, the broker shall ‘‘(1) COMBINED FOREIGN OIL AND GAS IN- ‘‘(II) the sum of the deductions properly include in such return the information de- COME.—The term ‘combined foreign oil and apportioned or allocated thereto. scribed in paragraph (2). gas income’ means, with respect to any tax- ‘‘(ii) NET OPERATING LOSS DEDUCTION NOT ‘‘(2) ADDITIONAL INFORMATION REQUIRED.— able year, the sum of— TAKEN INTO ACCOUNT.—For purposes of clause ‘‘(A) IN GENERAL.—The information re- ‘‘(A) foreign oil and gas extraction income, (i), the net operating loss deduction allow- quired under paragraph (1) to be shown on a and able for the taxable year under section 172(a) return with respect to a covered security of ‘‘(B) foreign oil related income. shall not be taken into account. a customer shall include the customer’s ad- ‘‘(2) FOREIGN OIL AND GAS TAXES.—The term ‘‘(iii) EXPROPRIATION AND CASUALTY LOSSES justed basis in such security and whether ‘foreign oil and gas taxes’ means, with re- NOT TAKEN INTO ACCOUNT.—For purposes of any gain or loss with respect to such secu- spect to any taxable year, the sum of— clause (i), there shall not be taken into ac- rity is long-term or short-term (within the ‘‘(A) oil and gas extraction taxes, and count— meaning of section 1222). ‘‘(B) any income, war profits, and excess ‘‘(I) any foreign expropriation loss (as de- ‘‘(B) DETERMINATION OF ADJUSTED BASIS.— profits taxes paid or accrued (or deemed to fined in section 172(h) (as in effect on the day For purposes of subparagraph (A)—

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‘‘(i) IN GENERAL.—The customer’s adjusted option shall be treated as an adjustment to A rule similar to the rule of the preceding basis shall be determined— gross proceeds or as an adjustment to basis, sentence shall apply with respect to a broker ‘‘(I) in the case of any security (other than as the case may be. holding stock in an open-end fund as a nomi- any stock for which an average basis method ‘‘(2) LAPSE OR CLOSING TRANSACTION.—In nee. is permissible under section 1012), in accord- the case of the lapse (or closing transaction ‘‘(3) DEFINITIONS.—For purposes of this sec- ance with the first-in first-out method unless (as defined in section 1234(b)(2)(A))) of an op- tion— the customer notifies the broker by means of tion on a specified security or the exercise of ‘‘(A) OPEN-END FUND.—The term ‘open-end making an adequate identification of the a cash-settled option on a specified security, fund’ means a regulated investment com- stock sold or transferred, and reporting under subsections (a) and (g) with pany (as defined in section 851) which is of- ‘‘(II) in the case of any stock for which an respect to such option shall be made for the fering for sale or has outstanding any re- average basis method is permissible under calendar year which includes the date of deemable security of which it is the issuer. section 1012, in accordance with the broker’s such lapse, closing transaction, or exercise. Any stock which is traded on an established default method unless the customer notifies ‘‘(3) PROSPECTIVE APPLICATION.—Para- securities exchange shall not be treated as the broker that he elects another acceptable graphs (1) and (2) shall not apply to any op- stock in an open-end fund. method under section 1012 with respect to tion which is granted or acquired before Jan- ‘‘(B) SPECIFIED SECURITY; APPLICABLE the account in which such stock is held. uary 1, 2012. DATE.—The terms ‘specified security’ and ‘‘(ii) EXCEPTION FOR WASH SALES.—Except ‘‘(4) DEFINITIONS.—For purposes of this sub- ‘applicable date’ shall have the meaning as otherwise provided by the Secretary, the section, the terms ‘covered security’ and given such terms in section 6045(g). customer’s adjusted basis shall be deter- ‘specified security’ shall have the meanings ‘‘(d) AVERAGE BASIS FOR STOCK ACQUIRED mined without regard to section 1091 (relat- given such terms in subsection (g)(3).’’. PURSUANT TO A DIVIDEND REINVESTMENT ing to loss from wash sales of stock or secu- (3) EXTENSION OF PERIOD FOR STATEMENTS PLAN.— rities) unless the transactions occur in the SENT TO CUSTOMERS.— ‘‘(1) IN GENERAL.—In the case of any stock same account with respect to identical secu- (A) IN GENERAL.—Subsection (b) of section acquired after December 31, 2010, in connec- rities. 6045 is amended by striking ‘‘’’ tion with a dividend reinvestment plan, the ‘‘(3) COVERED SECURITY.—For purposes of and inserting ‘‘February 15’’. basis of such stock while held as part of such this subsection— (B) STATEMENTS RELATED TO SUBSTITUTE plan shall be determined using one of the ‘‘(A) IN GENERAL.—The term ‘covered secu- PAYMENTS.—Subsection (d) of section 6045 is methods which may be used for determining rity’ means any specified security acquired amended— the basis of stock in an open-end fund. on or after the applicable date if such secu- (i) by striking ‘‘at such time and’’, and ‘‘(2) TREATMENT AFTER TRANSFER.—In the rity— (ii) by inserting after ‘‘other item.’’ the case of the transfer to another account of ‘‘(i) was acquired through a transaction in following new sentence: ‘‘The written state- stock to which paragraph (1) applies, such the account in which such security is held, ment required under the preceding sentence stock shall have a cost basis in such other or shall be furnished on or before February 15 of account equal to its basis in the dividend re- ‘‘(ii) was transferred to such account from the year following the calendar year in investment plan immediately before such an account in which such security was a cov- which the payment was made.’’. transfer (properly adjusted for any fees or ered security, but only if the broker received (C) OTHER STATEMENTS.—Subsection (b) of other charges taken into account in connec- a statement under section 6045A with respect section 6045 is amended by adding at the end tion with such transfer). to the transfer. the following: ‘‘In the case of a consolidated ‘‘(3) SEPARATE ACCOUNTS; ELECTION FOR ‘‘(B) SPECIFIED SECURITY.—The term ‘speci- reporting statement (as defined in regula- TREATMENT AS SINGLE ACCOUNT.—Rules simi- fied security’ means— tions) with respect to any account, any lar to the rules of subsection (c)(2) shall ‘‘(i) any share of stock in a corporation, statement which would otherwise be re- apply for purposes of this subsection. ‘‘(ii) any note, bond, debenture, or other quired to be furnished on or before January ‘‘(4) DIVIDEND REINVESTMENT PLAN.—For evidence of indebtedness, 31 of a calendar year with respect to any purposes of this subsection— ‘‘(iii) any commodity, or contract or deriv- item reportable to the taxpayer shall instead ‘‘(A) IN GENERAL.—The term ‘dividend rein- ative with respect to such commodity, if the be required to be furnished on or before Feb- vestment plan’ means any arrangement Secretary determines that adjusted basis re- ruary 15 of such calendar year if furnished under which dividends on any stock are rein- porting is appropriate for purposes of this with such consolidated reporting state- vested in stock identical to the stock with subsection, and ment.’’. respect to which the dividends are paid. ‘‘(iv) any other financial instrument with (b) DETERMINATION OF BASIS OF CERTAIN ‘‘(B) INITIAL STOCK ACQUISITION TREATED AS respect to which the Secretary determines SECURITIES ON ACCOUNT BY ACCOUNT OR AVER- ACQUIRED IN CONNECTION WITH PLAN.—Stock that adjusted basis reporting is appropriate AGE BASIS METHOD.—Section 1012 is amend- shall be treated as acquired in connection for purposes of this subsection. ed— with a dividend reinvestment plan if such ‘‘(C) APPLICABLE DATE.—The term ‘applica- (1) by striking ‘‘The basis of property’’ and stock is acquired pursuant to such plan or if ble date’ means— inserting the following: the dividends paid on such stock are subject ‘‘(i) January 1, 2010, in the case of any spec- ‘‘(a) IN GENERAL.—The basis of property’’, to such plan.’’. ified security which is stock in a corporation (2) by striking ‘‘The cost of real property’’ (c) INFORMATION BY TRANSFERORS TO AID (other than any stock described in clause and inserting the following: BROKERS.— (ii)), PECIAL ULE FOR PPORTIONED EAL ‘‘(b) S R A R (1) IN GENERAL.—Subpart B of part III of ‘‘(ii) January 1, 2011, in the case of any ESTATE TAXES.—The cost of real property’’, subchapter A of chapter 61 is amended by in- stock for which an average basis method is and serting after section 6045 the following new permissible under section 1012, and (3) by adding at the end the following new section: ‘‘(iii) January 1, 2012, or such later date de- subsections: ‘‘SEC. 6045A. INFORMATION REQUIRED IN CON- ‘‘(c) DETERMINATIONS BY ACCOUNT.— termined by the Secretary in the case of any NECTION WITH TRANSFERS OF COV- other specified security. ‘‘(1) IN GENERAL.—In the case of the sale, ERED SECURITIES TO BROKERS. ‘‘(4) TREATMENT OF S CORPORATIONS.—In exchange, or other disposition of a specified ‘‘(a) FURNISHING OF INFORMATION.—Every the case of the sale of a covered security ac- security on or after the applicable date, the applicable person which transfers to a broker quired by an S corporation (other than a fi- conventions prescribed by regulations under (as defined in section 6045(c)(1)) a security nancial institution) after December 31, 2011, this section shall be applied on an account which is a covered security (as defined in such S corporation shall be treated in the by account basis. section 6045(g)(3)) in the hands of such appli- same manner as a partnership for purposes of ‘‘(2) APPLICATION TO OPEN-END FUNDS.— cable person shall furnish to such broker a this section. ‘‘(A) IN GENERAL.—Except as provided in written statement in such manner and set- ‘‘(5) SPECIAL RULES FOR SHORT SALES.—In subparagraph (B), any stock in an open-end ting forth such information as the Secretary the case of a short sale, reporting under this fund acquired before January 1, 2011, shall be may by regulations prescribe for purposes of section shall be made for the year in which treated as a separate account from any such enabling such broker to meet the require- such sale is closed.’’. stock acquired on or after such date. ments of section 6045(g). (2) BROKER INFORMATION REQUIRED WITH RE- ‘‘(B) ELECTION BY OPEN-END FUND FOR ‘‘(b) APPLICABLE PERSON.—For purposes of SPECT TO OPTIONS.—Section 6045, as amended TREATMENT AS SINGLE ACCOUNT.—If an open- subsection (a), the term ‘applicable person’ by subsection (a), is amended by adding at end fund elects to have this subparagraph means— the end the following new subsection: apply with respect to one or more of its ‘‘(1) any broker (as defined in section ‘‘(h) APPLICATION TO OPTIONS ON SECURI- stockholders— 6045(c)(1)), and TIES.— ‘‘(i) subparagraph (A) shall not apply with ‘‘(2) any other person as provided by the ‘‘(1) EXERCISE OF OPTION.—For purposes of respect to any stock in such fund held by Secretary in regulations. this section, if a covered security is acquired such stockholders, and ‘‘(c) TIME FOR FURNISHING STATEMENT.— or disposed of pursuant to the exercise of an ‘‘(ii) all stock in such fund which is held by Except as otherwise provided by the Sec- option that was granted or acquired in the such stockholders shall be treated as covered retary, any statement required by subsection same account as the covered security, the securities described in section 6045(g)(3) (a) shall be furnished not later than 15 days amount received with respect to the grant or without regard to the date of the acquisition after the date of the transfer described in paid with respect to the acquisition of such of such stock. such subsection.’’.

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(2) ASSESSABLE PENALTIES.—Paragraph (2) ‘‘(2) the information described in para- ‘‘(2) to make additional investments in, of section 6724(d), as amended by the Housing graphs (1), (2), and (3) of subsection (a).’’. and create additional employment opportu- Assistance Tax Act of 2008, is amended by re- (2) ASSESSABLE PENALTIES.— nities through, projects that— designating subparagraphs (I) through (DD) (A) Subparagraph (B) of section 6724(d)(1), ‘‘(A)(i) improve the maintenance of exist- as subparagraphs (J) through (EE), respec- as amended by the Housing Assistance Tax ing infrastructure; tively, and by inserting after subparagraph Act of 2008, is amended by redesignating ‘‘(ii) implement stewardship objectives (H) the following new subparagraph: clause (iv) and each of the clauses which fol- that enhance forest ecosystems; and ‘‘(I) section 6045A (relating to information low as clauses (v) through (xxiii), respec- ‘‘(iii) restore and improve land health and required in connection with transfers of cov- tively, and by inserting after clause (iii) the water quality; ered securities to brokers),’’. following new clause: ‘‘(B) enjoy broad-based support; and (3) CLERICAL AMENDMENT.—The table of ‘‘(iv) section 6045B(a) (relating to returns ‘‘(C) have objectives that may include— sections for subpart B of part III of sub- relating to actions affecting basis of speci- ‘‘(i) road, trail, and infrastructure mainte- chapter A of chapter 61 is amended by insert- fied securities),’’. ing after the item relating to section 6045 the (B) Paragraph (2) of section 6724(d), as nance or obliteration; following new item: amended by the Housing Assistance Tax Act ‘‘(ii) soil productivity improvement; ‘‘Sec. 6045A. Information required in connec- of 2008 and by subsection (c)(2), is amended ‘‘(iii) improvements in forest ecosystem tion with transfers of covered by redesignating subparagraphs (J) through health; securities to brokers.’’. (EE) as subparagraphs (K) through (FF), re- ‘‘(iv) watershed restoration and mainte- (d) ADDITIONAL ISSUER INFORMATION TO AID spectively, and by inserting after subpara- nance; BROKERS.— graph (I) the following new subparagraph: ‘‘(v) the restoration, maintenance, and im- (1) IN GENERAL.—Subpart B of part III of ‘‘(J) subsections (c) and (e) of section 6045B provement of wildlife and fish habitat; subchapter A of chapter 61, as amended by (relating to returns relating to actions af- ‘‘(vi) the control of noxious and exotic subsection (b), is amended by inserting after fecting basis of specified securities),’’. weeds; and section 6045A the following new section: (3) CLERICAL AMENDMENT.—The table of ‘‘(vii) the reestablishment of native spe- ‘‘SEC. 6045B. RETURNS RELATING TO ACTIONS sections for subpart B of part III of sub- cies; and AFFECTING BASIS OF SPECIFIED SE- chapter A of chapter 61, as amended by sub- ‘‘(3) to improve cooperative relationships CURITIES. section (b)(3), is amended by inserting after among— ‘‘(a) IN GENERAL.—According to the forms the item relating to section 6045A the fol- or regulations prescribed by the Secretary, ‘‘(A) the people that use and care for Fed- lowing new item: any issuer of a specified security shall make eral land; and a return setting forth— ‘‘Sec. 6045B. Returns relating to actions af- ‘‘(B) the agencies that manage the Federal ‘‘(1) a description of any organizational ac- fecting basis of specified securi- land. tion which affects the basis of such specified ties.’’. ‘‘SEC. 3. DEFINITIONS. security of such issuer, (e) EFFECTIVE DATE.— ‘‘(2) the quantitative effect on the basis of (1) IN GENERAL.—Except as otherwise pro- ‘‘In this Act: such specified security resulting from such vided in this subsection, the amendments ‘‘(1) ADJUSTED SHARE.—The term ‘adjusted action, and made by this section shall take effect on share’ means the number equal to the ‘‘(3) such other information as the Sec- January 1, 2010. quotient obtained by dividing— retary may prescribe. (2) EXTENSION OF PERIOD FOR STATEMENTS ‘‘(A) the number equal to the quotient ob- ‘‘(b) TIME FOR FILING RETURN.—Any return SENT TO CUSTOMERS.—The amendments made tained by dividing— required by subsection (a) shall be filed not by subsection (a)(3) shall apply to state- ‘‘(i) the base share for the eligible county; ments required to be furnished after Decem- later than the earlier of— by ‘‘(1) 45 days after the date of the action de- ber 31, 2008. ‘‘(ii) the income adjustment for the eligible scribed in subsection (a), or SEC. 505. INCREASE AND EXTENSION OF OIL county; by ‘‘(2) January 15 of the year following the SPILL LIABILITY TRUST FUND TAX. ‘‘(B) the number equal to the sum of the calendar year during which such action oc- (a) INCREASE IN RATE.— curred. (1) IN GENERAL.—Section 4611(c)(2)(B) (re- quotients obtained under subparagraph (A) ‘‘(c) STATEMENTS TO BE FURNISHED TO lating to rates) is amended by striking ‘‘5 and paragraph (8)(A) for all eligible counties. HOLDERS OF SPECIFIED SECURITIES OR THEIR cents’’ and inserting ‘‘12 cents’’. ‘‘(2) BASE SHARE.—The term ‘base share’ NOMINEES.—According to the forms or regu- (2) EFFECTIVE DATE.—The amendment means the number equal to the average of— lations prescribed by the Secretary, every made by this subsection shall apply on and ‘‘(A) the quotient obtained by dividing— person required to make a return under sub- after the first day of the first calendar quar- ‘‘(i) the number of acres of Federal land de- section (a) with respect to a specified secu- ter beginning more than 60 days after the scribed in paragraph (7)(A) in each eligible rity shall furnish to the nominee with re- date of the enactment of this Act. county; by spect to the specified security (or certificate (b) EXTENSION.— ‘‘(ii) the total number acres of Federal land holder if there is no nominee) a written (1) IN GENERAL.—Section 4611(f) (relating to in all eligible counties in all eligible States; statement showing— application of Oil Spill Liability Trust Fund and ‘‘(1) the name, address, and phone number financing rate) is amended by striking para- ‘‘(B) the quotient obtained by dividing— of the information contact of the person re- graphs (2) and (3) and inserting the following ‘‘(i) the amount equal to the average of the quired to make such return, new paragraph: 3 highest 25-percent payments and safety net ‘‘(2) the information required to be shown ‘‘(2) TERMINATION.—The Oil Spill Liability payments made to each eligible State for on such return with respect to such security, Trust Fund financing rate shall not apply and after December 31, 2017.’’. each eligible county during the eligibility period; by ‘‘(3) such other information as the Sec- (2) CONFORMING AMENDMENT.—Section retary may prescribe. 4611(f)(1) is amended by striking ‘‘paragraphs ‘‘(ii) the amount equal to the sum of the The written statement required under the (2) and (3)’’ and inserting ‘‘paragraph (2)’’. amounts calculated under clause (i) and preceding sentence shall be furnished to the (3) EFFECTIVE DATE.—The amendments paragraph (9)(B)(i) for all eligible counties in holder on or before January 15 of the year made by this subsection shall take effect on all eligible States during the eligibility pe- following the calendar year during which the the date of the enactment of this Act. riod. action described in subsection (a) occurred. ‘‘(3) COUNTY PAYMENT.—The term ‘county ‘‘(d) SPECIFIED SECURITY.—For purposes of TITLE VI—OTHER PROVISIONS payment’ means the payment for an eligible this section, the term ‘specified security’ has SEC. 601. SECURE RURAL SCHOOLS AND COMMU- the meaning given such term by section NITY SELF-DETERMINATION PRO- county calculated under section 101(b). 6045(g)(3)(B). No return shall be required GRAM. ‘‘(4) ELIGIBLE COUNTY.—The term ‘eligible under this section with respect to actions de- (a) REAUTHORIZATION OF THE SECURE RURAL county’ means any county that— scribed in subsection (a) with respect to a SCHOOLS AND COMMUNITY SELF-DETERMINA- ‘‘(A) contains Federal land (as defined in specified security which occur before the ap- TION ACT OF 2000.—The Secure Rural Schools paragraph (7)); and plicable date (as defined in section and Community Self-Determination Act of ‘‘(B) elects to receive a share of the State 6045(g)(3)(C)) with respect to such security. 2000 (16 U.S.C. 500 note; Public Law 106–393) is payment or the county payment under sec- ‘‘(e) PUBLIC REPORTING IN LIEU OF RE- amended by striking sections 1 through 403 tion 102(b). TURN.—The Secretary may waive the re- and inserting the following: ‘‘(5) ELIGIBILITY PERIOD.—The term ‘eligi- quirements under subsections (a) and (c) ‘‘SECTION 1. SHORT TITLE. bility period’ means fiscal year 1986 through with respect to a specified security, if the ‘‘This Act may be cited as the ‘Secure person required to make the return under Rural Schools and Community Self-Deter- fiscal year 1999. subsection (a) makes publicly available, in mination Act of 2000’. ‘‘(6) ELIGIBLE STATE.—The term ‘eligible such form and manner as the Secretary de- ‘‘SEC. 2. PURPOSES. State’ means a State or territory of the termines necessary to carry out the purposes ‘‘The purposes of this Act are— United States that received a 25-percent pay- of this section— ‘‘(1) to stabilize and transition payments ment for 1 or more fiscal years of the eligi- ‘‘(1) the name, address, phone number, and to counties to provide funding for schools bility period. email address of the information contact of and roads that supplements other available ‘‘(7) FEDERAL LAND.—The term ‘Federal such person, and funds; land’ means—

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‘‘(A) land within the National Forest Sys- ‘‘(15) SECRETARY CONCERNED.—The term county shall be considered to have elected to tem, as defined in section 11(a) of the Forest ‘Secretary concerned’ means— receive a share of the State payment, the and Rangeland Renewable Resources Plan- ‘‘(A) the Secretary of Agriculture or the county payment, or a share of the State pay- ning Act of 1974 (16 U.S.C. 1609(a)) exclusive designee of the Secretary of Agriculture with ment and the county payment, as applicable. of the National Grasslands and land utiliza- respect to the Federal land described in para- ‘‘(2) DURATION OF ELECTION.— tion projects designated as National Grass- graph (7)(A); and ‘‘(A) IN GENERAL.—A county election to re- lands administered pursuant to the Act of ‘‘(B) the Secretary of the Interior or the ceive a share of the 25-percent payment or July 22, 1937 (7 U.S.C. 1010–1012); and designee of the Secretary of the Interior 50-percent payment, as applicable, shall be ‘‘(B) such portions of the revested Oregon with respect to the Federal land described in effective for 2 fiscal years. and California Railroad and reconveyed Coos paragraph (7)(B). ‘‘(B) FULL FUNDING AMOUNT.—If a county Bay Wagon Road grant land as are or may ‘‘(16) STATE PAYMENT.—The term ‘State elects to receive a share of the State pay- hereafter come under the jurisdiction of the payment’ means the payment for an eligible ment or the county payment, the election Department of the Interior, which have here- State calculated under section 101(a). shall be effective for all subsequent fiscal tofore or may hereafter be classified as ‘‘(17) 25-PERCENT PAYMENT.—The term ‘25- years through fiscal year 2011. timberlands, and power-site land valuable percent payment’ means the payment to ‘‘(3) SOURCE OF PAYMENT AMOUNTS.—The for timber, that shall be managed, except as States required by the sixth paragraph under payment to an eligible State or eligible provided in the former section 3 of the Act of the heading of ‘FOREST SERVICE’ in the county under this section for a fiscal year August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. shall be derived from— ‘‘(A) any amounts that are appropriated to for permanent forest production. 500), and section 13 of the Act of March 1, carry out this Act; ‘‘(8) 50-PERCENT ADJUSTED SHARE.—The 1911 (36 Stat. 963; 16 U.S.C. 500). ‘‘(B) any revenues, fees, penalties, or mis- term ‘50-percent adjusted share’ means the ‘‘TITLE I—SECURE PAYMENTS FOR cellaneous receipts, exclusive of deposits to number equal to the quotient obtained by di- STATES AND COUNTIES CONTAINING any relevant trust fund, special account, or viding— FEDERAL LAND permanent operating funds, received by the ‘‘(A) the number equal to the quotient ob- ‘‘SEC. 101. SECURE PAYMENTS FOR STATES CON- Federal Government from activities by the tained by dividing— TAINING FEDERAL LAND. Bureau of Land Management or the Forest ‘‘(i) the 50-percent base share for the eligi- ‘‘(a) STATE PAYMENT.—For each of fiscal Service on the applicable Federal land; and ble county; by years 2008 through 2011, the Secretary of Ag- ‘‘(C) to the extent of any shortfall, out of ‘‘(ii) the income adjustment for the eligible riculture shall calculate for each eligible any amounts in the Treasury of the United county; by State an amount equal to the sum of the States not otherwise appropriated. ‘‘(B) the number equal to the sum of the products obtained by multiplying— ‘‘(c) DISTRIBUTION AND EXPENDITURE OF quotients obtained under subparagraph (A) ‘‘(1) the adjusted share for each eligible PAYMENTS.— and paragraph (1)(A) for all eligible counties. county within the eligible State; by ‘‘(1) DISTRIBUTION METHOD.—A State that ‘‘(9) 50-PERCENT BASE SHARE.—The term ‘50- ‘‘(2) the full funding amount for the fiscal receives a payment under subsection (a) for percent base share’ means the number equal year. Federal land described in section 3(7)(A) to the average of— ‘‘(b) COUNTY PAYMENT.—For each of fiscal shall distribute the appropriate payment ‘‘(A) the quotient obtained by dividing— years 2008 through 2011, the Secretary of the amount among the appropriate counties in ‘‘(i) the number of acres of Federal land de- Interior shall calculate for each eligible the State in accordance with— scribed in paragraph (7)(B) in each eligible county that received a 50-percent payment ‘‘(A) the Act of May 23, 1908 (16 U.S.C. 500); county; by during the eligibility period an amount and ‘‘(ii) the total number acres of Federal land equal to the product obtained by multi- ‘‘(B) section 13 of the Act of March 1, 1911 in all eligible counties in all eligible States; plying— (36 Stat. 963; 16 U.S.C. 500). and ‘‘(1) the 50-percent adjusted share for the ‘‘(2) EXPENDITURE PURPOSES.—Subject to ‘‘(B) the quotient obtained by dividing— eligible county; by subsection (d), payments received by a State ‘‘(i) the amount equal to the average of the ‘‘(2) the full funding amount for the fiscal under subsection (a) and distributed to coun- 3 highest 50-percent payments made to each year. ties in accordance with paragraph (1) shall be eligible county during the eligibility period; ‘‘SEC. 102. PAYMENTS TO STATES AND COUNTIES. expended as required by the laws referred to by ‘‘(a) PAYMENT AMOUNTS.—Except as pro- in paragraph (1). ‘‘(ii) the amount equal to the sum of the vided in section 103, the Secretary of the ‘‘(d) EXPENDITURE RULES FOR ELIGIBLE amounts calculated under clause (i) and Treasury shall pay to— COUNTIES.— paragraph (2)(B)(i) for all eligible counties in ‘‘(1) a State or territory of the United ‘‘(1) ALLOCATIONS.— all eligible States during the eligibility pe- States an amount equal to the sum of the ‘‘(A) USE OF PORTION IN SAME MANNER AS 25- riod. amounts elected under subsection (b) by each PERCENT PAYMENT OR 50-PERCENT PAYMENT, AS ‘‘(10) 50-PERCENT PAYMENT.—The term ‘50- county within the State or territory for— APPLICABLE.—Except as provided in para- percent payment’ means the payment that is ‘‘(A) if the county is eligible for the 25-per- graph (3)(B), if an eligible county elects to the sum of the 50-percent share otherwise cent payment, the share of the 25-percent receive its share of the State payment or the paid to a county pursuant to title II of the payment; or county payment, not less than 80 percent, Act of August 28, 1937 (chapter 876; 50 Stat. ‘‘(B) the share of the State payment of the but not more than 85 percent, of the funds 875; 43 U.S.C. 1181f), and the payment made eligible county; and shall be expended in the same manner in to a county pursuant to the Act of May 24, ‘‘(2) a county an amount equal to the which the 25-percent payments or 50-percent 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f– amount elected under subsection (b) by each payment, as applicable, are required to be 1 et seq.). county for— expended. ‘‘(11) FULL FUNDING AMOUNT.—The term ‘‘(A) if the county is eligible for the 50-per- ‘‘(B) ELECTION AS TO USE OF BALANCE.—Ex- ‘full funding amount’ means— cent payment, the 50-percent payment; or cept as provided in subparagraph (C), an eli- ‘‘(A) $500,000,000 for fiscal year 2008; and ‘‘(B) the county payment for the eligible gible county shall elect to do 1 or more of ‘‘(B) for fiscal year 2009 and each fiscal county. the following with the balance of any funds year thereafter, the amount that is equal to ‘‘(b) ELECTION TO RECEIVE PAYMENT not expended pursuant to subparagraph (A): 90 percent of the full funding amount for the AMOUNT.— ‘‘(i) Reserve any portion of the balance for preceding fiscal year. ‘‘(1) ELECTION; SUBMISSION OF RESULTS.— projects in accordance with title II. ‘‘(12) INCOME ADJUSTMENT.—The term ‘in- ‘‘(A) IN GENERAL.—The election to receive ‘‘(ii) Reserve not more than 7 percent of come adjustment’ means the square of the a share of the State payment, the county the total share for the eligible county of the quotient obtained by dividing— payment, a share of the State payment and State payment or the county payment for ‘‘(A) the per capita personal income for the county payment, a share of the 25-per- projects in accordance with title III. each eligible county; by cent payment, the 50-percent payment, or a ‘‘(iii) Return the portion of the balance not ‘‘(B) the median per capita personal in- share of the 25-percent payment and the 50- reserved under clauses (i) and (ii) to the come of all eligible counties. percent payment, as applicable, shall be Treasury of the United States. ‘‘(13) PER CAPITA PERSONAL INCOME.—The made at the discretion of each affected coun- ‘‘(C) COUNTIES WITH MODEST DISTRIBU- term ‘per capita personal income’ means the ty by August 1, 2008 (or as soon thereafter as TIONS.—In the case of each eligible county to most recent per capita personal income data, the Secretary concerned determines is prac- which more than $100,000, but less than as determined by the Bureau of Economic ticable), and August 1 of each second fiscal $350,000, is distributed for any fiscal year Analysis. year thereafter, in accordance with para- pursuant to either or both of paragraphs ‘‘(14) SAFETY NET PAYMENTS.—The term graph (2), and transmitted to the Secretary (1)(B) and (2)(B) of subsection (a), the eligible ‘safety net payments’ means the special pay- concerned by the Governor of each eligible county, with respect to the balance of any ment amounts paid to States and counties State. funds not expended pursuant to subpara- required by section 13982 or 13983 of the Om- ‘‘(B) FAILURE TO TRANSMIT.—If an election graph (A) for that fiscal year, shall— nibus Budget Reconciliation Act of 1993 for an affected county is not transmitted to ‘‘(i) reserve any portion of the balance (Public Law 103–66; 16 U.S.C. 500 note; 43 the Secretary concerned by the date speci- for— U.S.C. 1181f note). fied under subparagraph (A), the affected ‘‘(I) carrying out projects under title II;

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.093 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8411 ‘‘(II) carrying out projects under title III; on September 29, 2006) for the eligible coun- ‘‘SEC. 202. GENERAL LIMITATION ON USE OF or ties in the covered State that have elected PROJECT FUNDS. ‘‘(III) a combination of the purposes de- under section 102(b) to receive a share of the ‘‘(a) LIMITATION.—Project funds shall be ex- scribed in subclauses (I) and (II); or State payment for fiscal year 2010; and pended solely on projects that meet the re- ‘‘(ii) return the portion of the balance not ‘‘(ii) the sum of the amounts paid for fiscal quirements of this title. reserved under clause (i) to the Treasury of year 2006 under section 103(a)(2) (as in effect ‘‘(b) AUTHORIZED USES.—Project funds may the United States. on September 29, 2006) for the eligible coun- be used by the Secretary concerned for the ‘‘(2) DISTRIBUTION OF FUNDS.— ties in the State of Oregon that have elected purpose of entering into and implementing ‘‘(A) IN GENERAL.—Funds reserved by an el- under section 102(b) to receive the county cooperative agreements with willing Federal igible county under subparagraph (B)(i) or payment for fiscal year 2010. agencies, State and local governments, pri- (C)(i) of paragraph (1) for carrying out ‘‘(2) COVERED STATE.—The term ‘covered vate and nonprofit entities, and landowners projects under title II shall be deposited in a State’ means each of the States of Cali- for protection, restoration, and enhancement special account in the Treasury of the fornia, Louisiana, Oregon, Pennsylvania, of fish and wildlife habitat, and other re- United States. South Carolina, South Dakota, Texas, and source objectives consistent with the pur- ‘‘(B) AVAILABILITY.—Amounts deposited Washington. poses of this Act on Federal land and on non- under subparagraph (A) shall— Federal land where projects would benefit ‘‘(b) TRANSITION PAYMENTS.—For each of the resources on Federal land. ‘‘(i) be available for expenditure by the fiscal years 2008 through 2010, in lieu of the Secretary concerned, without further appro- payment amounts that otherwise would have ‘‘SEC. 203. SUBMISSION OF PROJECT PROPOSALS. priation; and been made under paragraphs (1)(B) and (2)(B) ‘‘(a) SUBMISSION OF PROJECT PROPOSALS TO ‘‘(ii) remain available until expended in ac- of section 102(a), the Secretary of the Treas- SECRETARY CONCERNED.— cordance with title II. ury shall pay the adjusted amount to each ‘‘(1) PROJECTS FUNDED USING PROJECT ‘‘(3) ELECTION.— covered State and the eligible counties with- FUNDS.—Not later than September 30 for fis- ‘‘(A) NOTIFICATION.— in the covered State, as applicable. cal year 2008 (or as soon thereafter as the ‘‘(i) IN GENERAL.—An eligible county shall Secretary concerned determines is prac- ‘‘(c) DISTRIBUTION OF ADJUSTED AMOUNT.— notify the Secretary concerned of an elec- ticable), and each September 30 thereafter Except as provided in subsection (d), it is the tion by the eligible county under this sub- for each succeeding fiscal year through fiscal intent of Congress that the method of dis- section not later than September 30, 2008 (or year 2011, each resource advisory committee tributing the payments under subsection (b) as soon thereafter as the Secretary con- shall submit to the Secretary concerned a among the counties in the covered States for cerned determines is practicable), and Sep- description of any projects that the resource each of fiscal years 2008 through 2010 be in tember 30 of each fiscal year thereafter. advisory committee proposes the Secretary the same proportion that the payments were ‘‘(ii) FAILURE TO ELECT.—Except as pro- undertake using any project funds reserved distributed to the eligible counties in fiscal vided in subparagraph (B), if the eligible by eligible counties in the area in which the year 2006. county fails to make an election by the date resource advisory committee has geographic specified in clause (i), the eligible county ‘‘(d) DISTRIBUTION OF PAYMENTS IN CALI- jurisdiction. shall— FORNIA.—The following payments shall be ‘‘(2) PROJECTS FUNDED USING OTHER ‘‘(I) be considered to have elected to ex- distributed among the eligible counties in FUNDS.—A resource advisory committee may pend 85 percent of the funds in accordance the State of California in the same propor- submit to the Secretary concerned a descrip- with paragraph (1)(A); and tion that payments under section 102(a)(2) tion of any projects that the committee pro- ‘‘(II) return the balance to the Treasury of (as in effect on September 29, 2006) were dis- poses the Secretary undertake using funds the United States. tributed to the eligible counties for fiscal from State or local governments, or from the ‘‘(B) COUNTIES WITH MINOR DISTRIBUTIONS.— year 2006: private sector, other than project funds and In the case of each eligible county to which ‘‘(1) Payments to the State of California funds appropriated and otherwise available less than $100,000 is distributed for any fiscal under subsection (b). to do similar work. year pursuant to either or both of para- ‘‘(2) The shares of the eligible counties of ‘‘(3) JOINT PROJECTS.—Participating coun- graphs (1)(B) and (2)(B) of subsection (a), the the State payment for California under sec- ties or other persons may propose to pool eligible county may elect to expend all the tion 102 for fiscal year 2011. project funds or other funds, described in funds in the same manner in which the 25- ‘‘(e) TREATMENT OF PAYMENTS.—For pur- paragraph (2), and jointly propose a project percent payments or 50-percent payments, as poses of this Act, any payment made under or group of projects to a resource advisory applicable, are required to be expended. subsection (b) shall be considered to be a committee established under section 205. ‘‘(e) TIME FOR PAYMENT.—The payments re- payment made under section 102(a). ‘‘(b) REQUIRED DESCRIPTION OF PROJECTS.— quired under this section for a fiscal year In submitting proposed projects to the Sec- shall be made as soon as practicable after ‘‘TITLE II—SPECIAL PROJECTS ON retary concerned under subsection (a), a re- the end of that fiscal year. FEDERAL LAND source advisory committee shall include in ‘‘SEC. 103. TRANSITION PAYMENTS TO STATES. the description of each proposed project the ‘‘SEC. 201. DEFINITIONS. ‘‘(a) DEFINITIONS.—In this section: following information: ‘‘(1) ADJUSTED AMOUNT.—The term ‘ad- ‘‘In this title: ‘‘(1) The purpose of the project and a de- justed amount’ means, with respect to a cov- ‘‘(1) PARTICIPATING COUNTY.—The term scription of how the project will meet the ered State— ‘participating county’ means an eligible purposes of this title. ‘‘(A) for fiscal year 2008, 90 percent of— county that elects under section 102(d) to ex- ‘‘(2) The anticipated duration of the ‘‘(i) the sum of the amounts paid for fiscal pend a portion of the Federal funds received project. year 2006 under section 102(a)(2) (as in effect under section 102 in accordance with this ‘‘(3) The anticipated cost of the project. on September 29, 2006) for the eligible coun- title. ‘‘(4) The proposed source of funding for the ties in the covered State that have elected ‘‘(2) PROJECT FUNDS.—The term ‘project project, whether project funds or other under section 102(b) to receive a share of the funds’ means all funds an eligible county funds. State payment for fiscal year 2008; and elects under section 102(d) to reserve for ex- ‘‘(5)(A) Expected outcomes, including how ‘‘(ii) the sum of the amounts paid for fiscal penditure in accordance with this title. the project will meet or exceed desired eco- year 2006 under section 103(a)(2) (as in effect ‘‘(3) RESOURCE ADVISORY COMMITTEE.—The logical conditions, maintenance objectives, on September 29, 2006) for the eligible coun- term ‘resource advisory committee’ means— or stewardship objectives. ties in the State of Oregon that have elected ‘‘(A) an advisory committee established by ‘‘(B) An estimate of the amount of any under section 102(b) to receive the county the Secretary concerned under section 205; or timber, forage, and other commodities and payment for fiscal year 2008; ‘‘(B) an advisory committee determined by other economic activity, including jobs gen- ‘‘(B) for fiscal year 2009, 76 percent of— the Secretary concerned to meet the require- erated, if any, anticipated as part of the ‘‘(i) the sum of the amounts paid for fiscal ments of section 205. project. year 2006 under section 102(a)(2) (as in effect ‘‘(4) RESOURCE MANAGEMENT PLAN.—The ‘‘(6) A detailed monitoring plan, including on September 29, 2006) for the eligible coun- term ‘resource management plan’ means— funding needs and sources, that— ties in the covered State that have elected ‘‘(A) a land use plan prepared by the Bu- ‘‘(A) tracks and identifies the positive or under section 102(b) to receive a share of the reau of Land Management for units of the negative impacts of the project, implementa- State payment for fiscal year 2009; and Federal land described in section 3(7)(B) pur- tion, and provides for validation monitoring; ‘‘(ii) the sum of the amounts paid for fiscal suant to section 202 of the Federal Land Pol- and year 2006 under section 103(a)(2) (as in effect icy and Management Act of 1976 (43 U.S.C. ‘‘(B) includes an assessment of the fol- on September 29, 2006) for the eligible coun- 1712); or lowing: ties in the State of Oregon that have elected ‘‘(B) a land and resource management plan ‘‘(i) Whether or not the project met or ex- under section 102(b) to receive the county prepared by the Forest Service for units of ceeded desired ecological conditions; created payment for fiscal year 2009; and the National Forest System pursuant to sec- local employment or training opportunities, ‘‘(C) for fiscal year 2010, 65 percent of— tion 6 of the Forest and Rangeland Renew- including summer youth jobs programs such ‘‘(i) the sum of the amounts paid for fiscal able Resources Planning Act of 1974 (16 as the Youth Conservation Corps where ap- year 2006 under section 102(a)(2) (as in effect U.S.C. 1604). propriate.

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.093 S11SEPT1 smartinez on PROD1PC64 with SENATE S8412 CONGRESSIONAL RECORD — SENATE September 11, 2008 ‘‘(ii) Whether the project improved the use Federal Register notice of each project ap- sources of the House of Representatives a re- of, or added value to, any products removed proved under subsection (a) if the notice port assessing the pilot program. from land consistent with the purposes of would be required had the project originated ‘‘(ii) ANNUAL REPORT.—The Secretary con- this title. with the Secretary. cerned shall submit to the Committees on ‘‘(7) An assessment that the project is to be ‘‘(d) SOURCE AND CONDUCT OF PROJECT.— Agriculture, Nutrition, and Forestry and En- in the public interest. Once the Secretary concerned accepts a ergy and Natural Resources of the Senate ‘‘(c) AUTHORIZED PROJECTS.—Projects pro- project for review under section 203, the ac- and the Committees on Agriculture and Nat- posed under subsection (a) shall be con- ceptance shall be deemed a Federal action ural Resources of the House of Representa- sistent with section 2. for all purposes. tives an annual report describing the results ‘‘SEC. 204. EVALUATION AND APPROVAL OF ‘‘(e) IMPLEMENTATION OF APPROVED of the pilot program. PROJECTS BY SECRETARY CON- PROJECTS.— ‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.— CERNED. ‘‘(1) COOPERATION.—Notwithstanding chap- ‘‘(a) CONDITIONS FOR APPROVAL OF PRO- ter 63 of title 31, United States Code, using The Secretary shall ensure that at least 50 POSED PROJECT.—The Secretary concerned project funds the Secretary concerned may percent of all project funds be used for may make a decision to approve a project enter into contracts, grants, and cooperative projects that are primarily dedicated— submitted by a resource advisory committee agreements with States and local govern- ‘‘(1) to road maintenance, decommis- under section 203 only if the proposed project ments, private and nonprofit entities, and sioning, or obliteration; or satisfies each of the following conditions: landowners and other persons to assist the ‘‘(2) to restoration of streams and water- ‘‘(1) The project complies with all applica- Secretary in carrying out an approved sheds. ble Federal laws (including regulations). project. ‘‘SEC. 205. RESOURCE ADVISORY COMMITTEES. ‘‘(2) The project is consistent with the ap- ‘‘(2) BEST VALUE CONTRACTING.— ‘‘(a) ESTABLISHMENT AND PURPOSE OF RE- plicable resource management plan and with ‘‘(A) IN GENERAL.—For any project involv- SOURCE ADVISORY COMMITTEES.— any watershed or subsequent plan developed ing a contract authorized by paragraph (1) ‘‘(1) ESTABLISHMENT.—The Secretary con- pursuant to the resource management plan the Secretary concerned may elect a source cerned shall establish and maintain resource and approved by the Secretary concerned. for performance of the contract on a best advisory committees to perform the duties ‘‘(3) The project has been approved by the value basis. in subsection (b), except as provided in para- resource advisory committee in accordance ‘‘(B) FACTORS.—The Secretary concerned graph (4). with section 205, including the procedures shall determine best value based on such fac- ‘‘(2) PURPOSE.—The purpose of a resource issued under subsection (e) of that section. tors as— advisory committee shall be— ‘‘(4) A project description has been sub- ‘‘(i) the technical demands and complexity ‘‘(A) to improve collaborative relation- mitted by the resource advisory committee of the work to be done; ships; and to the Secretary concerned in accordance ‘‘(ii)(I) the ecological objectives of the ‘‘(B) to provide advice and recommenda- with section 203. project; and tions to the land management agencies con- ‘‘(5) The project will improve the mainte- ‘‘(II) the sensitivity of the resources being sistent with the purposes of this title. nance of existing infrastructure, implement treated; ‘‘(3) ACCESS TO RESOURCE ADVISORY COMMIT- stewardship objectives that enhance forest ‘‘(iii) the past experience by the contractor TEES.—To ensure that each unit of Federal ecosystems, and restore and improve land with the type of work being done, using the land has access to a resource advisory com- health and water quality. type of equipment proposed for the project, ‘‘(b) ENVIRONMENTAL REVIEWS.— and meeting or exceeding desired ecological mittee, and that there is sufficient interest ‘‘(1) REQUEST FOR PAYMENT BY COUNTY.— conditions; and in participation on a committee to ensure The Secretary concerned may request the re- ‘‘(iv) the commitment of the contractor to that membership can be balanced in terms of source advisory committee submitting a pro- hiring highly qualified workers and local the points of view represented and the func- posed project to agree to the use of project residents. tions to be performed, the Secretary con- funds to pay for any environmental review, ‘‘(3) MERCHANTABLE TIMBER CONTRACTING cerned may, establish resource advisory consultation, or compliance with applicable PILOT PROGRAM.— committees for part of, or 1 or more, units of environmental laws required in connection ‘‘(A) ESTABLISHMENT.—The Secretary con- Federal land. with the project. cerned shall establish a pilot program to im- ‘‘(4) EXISTING ADVISORY COMMITTEES.— ‘‘(2) CONDUCT OF ENVIRONMENTAL REVIEW.— plement a certain percentage of approved ‘‘(A) IN GENERAL.—An advisory committee If a payment is requested under paragraph projects involving the sale of merchantable that meets the requirements of this section, (1) and the resource advisory committee timber using separate contracts for— a resource advisory committee established agrees to the expenditure of funds for this ‘‘(i) the harvesting or collection of mer- before September 29, 2006, or an advisory purpose, the Secretary concerned shall con- chantable timber; and committee determined by the Secretary con- duct environmental review, consultation, or ‘‘(ii) the sale of the timber. cerned before September 29, 2006, to meet the other compliance responsibilities in accord- ‘‘(B) ANNUAL PERCENTAGES.—Under the requirements of this section may be deemed ance with Federal laws (including regula- pilot program, the Secretary concerned shall by the Secretary concerned to be a resource tions). ensure that, on a nationwide basis, not less advisory committee for the purposes of this ‘‘(3) EFFECT OF REFUSAL TO PAY.— than the following percentage of all ap- title. ‘‘(A) IN GENERAL.—If a resource advisory proved projects involving the sale of mer- ‘‘(B) CHARTER.—A charter for a committee committee does not agree to the expenditure chantable timber are implemented using sep- described in subparagraph (A) that was filed of funds under paragraph (1), the project arate contracts: on or before September 29, 2006, shall be con- shall be deemed withdrawn from further con- ‘‘(i) For fiscal year 2008, 35 percent. sidered to be filed for purposes of this Act. sideration by the Secretary concerned pursu- ‘‘(ii) For fiscal year 2009, 45 percent. ‘‘(C) BUREAU OF LAND MANAGEMENT ADVI- ant to this title. ‘‘(iii) For each of fiscal years 2010 and 2011, SORY COMMITTEES.—The Secretary of the In- ‘‘(B) EFFECT OF WITHDRAWAL.—A with- 50 percent. terior may deem a resource advisory com- drawal under subparagraph (A) shall be ‘‘(C) INCLUSION IN PILOT PROGRAM.—The de- mittee meeting the requirements of subpart deemed to be a rejection of the project for cision whether to use separate contracts to 1784 of part 1780 of title 43, Code of Federal purposes of section 207(c). implement a project involving the sale of Regulations, as a resource advisory com- ‘‘(c) DECISIONS OF SECRETARY CONCERNED.— merchantable timber shall be made by the mittee for the purposes of this title. ‘‘(1) REJECTION OF PROJECTS.— Secretary concerned after the approval of ‘‘(b) DUTIES.—A resource advisory com- ‘‘(A) IN GENERAL.—A decision by the Sec- the project under this title. mittee shall— retary concerned to reject a proposed project ‘‘(D) ASSISTANCE.— ‘‘(1) review projects proposed under this shall be at the sole discretion of the Sec- ‘‘(i) IN GENERAL.—The Secretary concerned title by participating counties and other per- retary concerned. may use funds from any appropriated ac- sons; ‘‘(B) NO ADMINISTRATIVE APPEAL OR JUDI- count available to the Secretary for the Fed- ‘‘(2) propose projects and funding to the CIAL REVIEW.—Notwithstanding any other eral land to assist in the administration of Secretary concerned under section 203; provision of law, a decision by the Secretary projects conducted under the pilot program. ‘‘(3) provide early and continuous coordina- concerned to reject a proposed project shall ‘‘(ii) MAXIMUM AMOUNT OF ASSISTANCE.— tion with appropriate land management not be subject to administrative appeal or The total amount obligated under this sub- agency officials in recommending projects judicial review. paragraph may not exceed $1,000,000 for any consistent with purposes of this Act under ‘‘(C) NOTICE OF REJECTION.—Not later than fiscal year during which the pilot program is this title; 30 days after the date on which the Secretary in effect. ‘‘(4) provide frequent opportunities for citi- concerned makes the rejection decision, the ‘‘(E) REVIEW AND REPORT.— zens, organizations, tribes, land management Secretary concerned shall notify in writing ‘‘(i) INITIAL REPORT.—Not later than Sep- agencies, and other interested parties to par- the resource advisory committee that sub- tember 30, 2010, the Comptroller General ticipate openly and meaningfully, beginning mitted the proposed project of the rejection shall submit to the Committees on Agri- at the early stages of the project develop- and the reasons for rejection. culture, Nutrition, and Forestry and Energy ment process under this title; ‘‘(2) NOTICE OF PROJECT APPROVAL.—The and Natural Resources of the Senate and the ‘‘(5)(A) monitor projects that have been ap- Secretary concerned shall publish in the Committees on Agriculture and Natural Re- proved under section 204; and

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.093 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8413 ‘‘(B) advise the designated Federal official local representation in each category in using project funds, or other funds described on the progress of the monitoring efforts paragraph (2). in section 203(a)(2) for the first fiscal year. under subparagraph (A); and ‘‘(5) CHAIRPERSON.—A majority on each re- ‘‘(2) CONDITION ON PROJECT COMMENCE- ‘‘(6) make recommendations to the Sec- source advisory committee shall select the MENT.—The unit of National Forest System retary concerned for any appropriate chairperson of the committee. land or Bureau of Land Management District changes or adjustments to the projects being ‘‘(e) APPROVAL PROCEDURES.— concerned, shall not commence a project monitored by the resource advisory com- ‘‘(1) IN GENERAL.—Subject to paragraph (3), until the project funds, or other funds de- mittee. each resource advisory committee shall es- scribed in section 203(a)(2) required to be ‘‘(c) APPOINTMENT BY THE SECRETARY.— tablish procedures for proposing projects to transferred under paragraph (1) for the ‘‘(1) APPOINTMENT AND TERM.— the Secretary concerned under this title. project, have been made available by the ‘‘(A) IN GENERAL.—The Secretary con- ‘‘(2) QUORUM.—A quorum must be present Secretary concerned. cerned, shall appoint the members of re- to constitute an official meeting of the com- ‘‘(3) SUBSEQUENT TRANSFERS FOR source advisory committees for a term of 4 mittee. MULTIYEAR PROJECTS.— years beginning on the date of appointment. ‘‘(3) APPROVAL BY MAJORITY OF MEMBERS.— ‘‘(A) IN GENERAL.—For the second and sub- ‘‘(B) REAPPOINTMENT.—The Secretary con- A project may be proposed by a resource ad- sequent fiscal years of a multiyear project to cerned may reappoint members to subse- visory committee to the Secretary con- be funded in whole or in part using project quent 4-year terms. cerned under section 203(a), if the project has funds, the unit of National Forest System ‘‘(2) BASIC REQUIREMENTS.—The Secretary been approved by a majority of members of land or Bureau of Land Management District concerned shall ensure that each resource the committee from each of the 3 categories concerned shall use the amount of project advisory committee established meets the in subsection (d)(2). funds required to continue the project in requirements of subsection (d). ‘‘(f) OTHER COMMITTEE AUTHORITIES AND that fiscal year according to the agreement ‘‘(3) INITIAL APPOINTMENT.—Not later than REQUIREMENTS.— entered into under subsection (a). 180 days after the date of the enactment of ‘‘(1) STAFF ASSISTANCE.—A resource advi- ‘‘(B) SUSPENSION OF WORK.—The Secretary this Act, the Secretary concerned shall make sory committee may submit to the Secretary concerned shall suspend work on the project initial appointments to the resource advi- concerned a request for periodic staff assist- if the project funds required by the agree- sory committees. ance from Federal employees under the ju- ment in the second and subsequent fiscal ‘‘(4) VACANCIES.—The Secretary concerned risdiction of the Secretary. years are not available. shall make appointments to fill vacancies on ‘‘(2) MEETINGS.—All meetings of a resource ‘‘SEC. 207. AVAILABILITY OF PROJECT FUNDS. any resource advisory committee as soon as advisory committee shall be announced at ‘‘(a) SUBMISSION OF PROPOSED PROJECTS TO practicable after the vacancy has occurred. least 1 week in advance in a local newspaper OBLIGATE FUNDS.—By September 30, 2008 (or ‘‘(5) COMPENSATION.—Members of the re- of record and shall be open to the public. as soon thereafter as the Secretary con- source advisory committees shall not receive ‘‘(3) RECORDS.—A resource advisory com- cerned determines is practicable), and each any compensation. mittee shall maintain records of the meet- September 30 thereafter for each succeeding ‘‘(d) COMPOSITION OF ADVISORY COM- ings of the committee and make the records fiscal year through fiscal year 2011, a re- MITTEE.— available for public inspection. source advisory committee shall submit to ‘‘(1) NUMBER.—Each resource advisory the Secretary concerned pursuant to section committee shall be comprised of 15 members. ‘‘SEC. 206. USE OF PROJECT FUNDS. 203(a)(1) a sufficient number of project pro- ‘‘(2) COMMUNITY INTERESTS REPRESENTED.— ‘‘(a) AGREEMENT REGARDING SCHEDULE AND posals that, if approved, would result in the Committee members shall be representative COST OF PROJECT.— obligation of at least the full amount of the of the interests of the following 3 categories: ‘‘(1) AGREEMENT BETWEEN PARTIES.—The project funds reserved by the participating ‘‘(A) 5 persons that— Secretary concerned may carry out a project county in the preceding fiscal year. submitted by a resource advisory committee ‘‘(i) represent organized labor or non-tim- ‘‘(b) USE OR TRANSFER OF UNOBLIGATED under section 203(a) using project funds or ber forest product harvester groups; FUNDS.—Subject to section 208, if a resource ‘‘(ii) represent developed outdoor recre- other funds described in section 203(a)(2), if, advisory committee fails to comply with ation, off highway vehicle users, or commer- as soon as practicable after the issuance of a subsection (a) for a fiscal year, any project cial recreation activities; decision document for the project and the ex- funds reserved by the participating county in ‘‘(iii) represent— haustion of all administrative appeals and the preceding fiscal year and remaining un- ‘‘(I) energy and mineral development inter- judicial review of the project decision, the obligated shall be available for use as part of ests; or Secretary concerned and the resource advi- the project submissions in the next fiscal ‘‘(II) commercial or recreational fishing in- sory committee enter into an agreement ad- year. terests; dressing, at a minimum, the following: ‘‘(c) EFFECT OF REJECTION OF PROJECTS.— ‘‘(iv) represent the commercial timber in- ‘‘(A) The schedule for completing the Subject to section 208, any project funds re- dustry; or project. served by a participating county in the pre- ‘‘(v) hold Federal grazing or other land use ‘‘(B) The total cost of the project, includ- ceding fiscal year that are unobligated at the permits, or represent nonindustrial private ing the level of agency overhead to be as- end of a fiscal year because the Secretary forest land owners, within the area for which sessed against the project. concerned has rejected one or more proposed the committee is organized. ‘‘(C) For a multiyear project, the esti- projects shall be available for use as part of ‘‘(B) 5 persons that represent— mated cost of the project for each of the fis- the project submissions in the next fiscal ‘‘(i) nationally recognized environmental cal years in which it will be carried out. year. organizations; ‘‘(D) The remedies for failure of the Sec- ‘‘(d) EFFECT OF COURT ORDERS.— ‘‘(ii) regionally or locally recognized envi- retary concerned to comply with the terms ‘‘(1) IN GENERAL.—If an approved project ronmental organizations; of the agreement consistent with current under this Act is enjoined or prohibited by a ‘‘(iii) dispersed recreational activities; Federal law. Federal court, the Secretary concerned shall ‘‘(iv) archaeological and historical inter- ‘‘(2) LIMITED USE OF FEDERAL FUNDS.—The return the unobligated project funds related ests; or Secretary concerned may decide, at the sole to the project to the participating county or ‘‘(v) nationally or regionally recognized discretion of the Secretary concerned, to counties that reserved the funds. wild horse and burro interest groups, wildlife cover the costs of a portion of an approved ‘‘(2) EXPENDITURE OF FUNDS.—The returned or hunting organizations, or watershed asso- project using Federal funds appropriated or funds shall be available for the county to ex- ciations. otherwise available to the Secretary for the pend in the same manner as the funds re- ‘‘(C) 5 persons that— same purposes as the project. served by the county under subparagraph (B) ‘‘(i) hold State elected office (or a des- ‘‘(b) TRANSFER OF PROJECT FUNDS.— or (C)(i) of section 102(d)(1). ignee); ‘‘(1) INITIAL TRANSFER REQUIRED.—As soon ‘‘SEC. 208. TERMINATION OF AUTHORITY. ‘‘(ii) hold county or local elected office; as practicable after the agreement is reached ‘‘(a) IN GENERAL.—The authority to ini- ‘‘(iii) represent American Indian tribes under subsection (a) with regard to a project tiate projects under this title shall termi- within or adjacent to the area for which the to be funded in whole or in part using project nate on September 30, 2011. committee is organized; funds, or other funds described in section ‘‘(b) DEPOSITS IN TREASURY.—Any project ‘‘(iv) are school officials or teachers; or 203(a)(2), the Secretary concerned shall funds not obligated by September 30, 2012, ‘‘(v) represent the affected public at large. transfer to the applicable unit of National shall be deposited in the Treasury of the ‘‘(3) BALANCED REPRESENTATION.—In ap- Forest System land or Bureau of Land Man- United States. pointing committee members from the 3 cat- agement District an amount of project funds ‘‘TITLE III—COUNTY FUNDS egories in paragraph (2), the Secretary con- equal to— ‘‘SEC. 301. DEFINITIONS. cerned shall provide for balanced and broad ‘‘(A) in the case of a project to be com- ‘‘In this title: representation from within each category. pleted in a single fiscal year, the total ‘‘(1) COUNTY FUNDS.—The term ‘county ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The mem- amount specified in the agreement to be paid funds’ means all funds an eligible county bers of a resource advisory committee shall using project funds, or other funds described elects under section 102(d) to reserve for ex- reside within the State in which the com- in section 203(a)(2); or penditure in accordance with this title. mittee has jurisdiction and, to extent prac- ‘‘(B) in the case of a multiyear project, the ‘‘(2) PARTICIPATING COUNTY.—The term ticable, the Secretary concerned shall ensure amount specified in the agreement to be paid ‘participating county’ means an eligible

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county that elects under section 102(d) to ex- (b) FOREST RECEIPT PAYMENTS TO ELIGIBLE dividual’s spouse under section 6013 for the pend a portion of the Federal funds received STATES AND COUNTIES.— taxable year beginning in the calendar year under section 102 in accordance with this (1) ACT OF MAY 23, 1908.—The sixth para- in which the taxable year of the taxpayer be- title. graph under the heading ‘‘FOREST SERV- gins.’’. ‘‘SEC. 302. USE. ICE’’ in the Act of May 23, 1908 (16 U.S.C. 500) (c) RESTRICT QUALIFYING CHILD TAX BENE- ‘‘(a) AUTHORIZED USES.—A participating is amended in the first sentence by striking FITS TO CHILD’S PARENT.— county, including any applicable agencies of ‘‘twenty-five percentum’’ and all that fol- (1) CHILD TAX CREDIT.—Subsection (a) of the participating county, shall use county lows through ‘‘shall be paid’’ and inserting section 24 is amended by inserting ‘‘for funds, in accordance with this title, only— the following: ‘‘an amount equal to the an- which the taxpayer is allowed a deduction ‘‘(1) to carry out activities under the nual average of 25 percent of all amounts re- under section 151’’ after ‘‘of the taxpayer’’. Firewise Communities program to provide to ceived for the applicable fiscal year and each (2) PERSONS OTHER THAN PARENTS CLAIMING homeowners in fire-sensitive ecosystems of the preceding 6 fiscal years from each na- QUALIFYING CHILD.— education on, and assistance with imple- tional forest shall be paid’’. (A) IN GENERAL.—Paragraph (4) of section menting, techniques in home siting, home (2) WEEKS LAW.—Section 13 of the Act of 152(c) is amended by adding at the end the construction, and home landscaping that can March 1, 1911 (commonly known as the following new subparagraph: increase the protection of people and prop- ‘‘Weeks Law’’) (16 U.S.C. 500) is amended in ‘‘(C) NO PARENT CLAIMING QUALIFYING erty from wildfires; the first sentence by striking ‘‘twenty-five CHILD.—If the parents of an individual may ‘‘(2) to reimburse the participating county percentum’’ and all that follows through claim such individual as a qualifying child for search and rescue and other emergency ‘‘shall be paid’’ and inserting the following: but no parent so claims the individual, such services, including firefighting, that are— ‘‘an amount equal to the annual average of individual may be claimed as the qualifying ‘‘(A) performed on Federal land after the 25 percent of all amounts received for the ap- child of another taxpayer but only if the ad- date on which the use was approved under plicable fiscal year and each of the preceding justed gross income of such taxpayer is high- subsection (b); 6 fiscal years from each national forest shall er than the highest adjusted gross income of ‘‘(B) paid for by the participating county; be paid’’. any parent of the individual.’’. and (c) PAYMENTS IN LIEU OF TAXES.— (B) CONFORMING AMENDMENTS.— ‘‘(3) to develop community wildfire protec- (1) IN GENERAL.—Section 6906 of title 31, (i) Subparagraph (A) of section 152(c)(4) is tion plans in coordination with the appro- United States Code, is amended to read as amended by striking ‘‘Except’’ through ‘‘2 or priate Secretary concerned. follows: more taxpayers’’ and inserting ‘‘Except as ‘‘(b) PROPOSALS.—A participating county ‘‘§ 6906. Funding provided in subparagraphs (B) and (C), if (but shall use county funds for a use described in ‘‘For each of fiscal years 2008 through for this paragraph) an individual may be subsection (a) only after a 45-day public com- 2012— claimed as a qualifying child by 2 or more ment period, at the beginning of which the ‘‘(1) each county or other eligible unit of taxpayers’’. participating county shall— local government shall be entitled to pay- (ii) The heading for paragraph (4) of section ‘‘(1) publish in any publications of local ment under this chapter; and 152(c) is amended by striking ‘‘CLAIMING’’ and record a proposal that describes the proposed ‘‘(2) sums shall be made available to the inserting ‘‘WHO CAN CLAIM THE SAME’’. use of the county funds; and Secretary of the Interior for obligation or (d) EFFECTIVE DATE.—The amendments ‘‘(2) submit the proposal to any resource expenditure in accordance with this chap- made by this section shall apply to taxable advisory committee established under sec- ter.’’. years beginning after December 31, 2008. tion 205 for the participating county. (2) CONFORMING AMENDMENT.—The table of ‘‘SEC. 303. CERTIFICATION. sections for chapter 69 of title 31, United By Mr. DODD (for himself, Mr. ‘‘(a) IN GENERAL.—Not later than February States Code, is amended by striking the item COCHRAN, and Mr. KENNEDY): 1 of the year after the year in which any relating to section 6906 and inserting the fol- S. 3479. A bill to amend the National county funds were expended by a partici- lowing: and Community Service Act of 1990 to pating county, the appropriate official of the ‘‘6906. Funding.’’. establish a Semester of Service grant participating county shall submit to the Sec- (3) BUDGET SCOREKEEPING.— program, and for other purposes; to the retary concerned a certification that the (A) IN GENERAL.—Notwithstanding the Committee on Health, Education, county funds expended in the applicable year Budget Scorekeeping Guidelines and the ac- have been used for the uses authorized under Labor, and Pensions. companying list of programs and accounts Mr. DODD. Mr. President, I rise to section 302(a), including a description of the set forth in the joint explanatory statement amounts expended and the uses for which the of the committee of conference accom- introduce the Semester of Service amounts were expended. panying Conference Report 105–217, the sec- Act—a bill which would offer young ‘‘(b) REVIEW.—The Secretary concerned tion in this title regarding Payments in Lieu people the opportunity to spend a se- shall review the certifications submitted of Taxes shall be treated in the baseline for mester serving their communities dur- under subsection (a) as the Secretary con- purposes of section 257 of the Balanced Budg- ing their junior or senior year of high cerned determines to be appropriate. et and Emergency Deficit Control Act of 1985 school. I want to thank Senators COCH- ‘‘SEC. 304. TERMINATION OF AUTHORITY. (as in effect prior to September 30, 2002), and RAN and KENNEDY for joining me in in- ‘‘(a) IN GENERAL.—The authority to ini- by the Chairmen of the House and Senate troducing this legislation. tiate projects under this title terminates on Budget Committees, as appropriate, for pur- September 30, 2011. poses of budget enforcement in the House Throughout the U.S., there are ‘‘(b) AVAILABILITY.—Any county funds not and Senate, and under the Congressional mounting problems and unmet needs. obligated by September 30, 2012, shall be re- Budget Act of 1974 as if Payment in Lieu of We have millions of families losing turned to the Treasury of the United States. Taxes (14–1114–0–1–806) were an account des- their homes. We have 14 million chil- ‘‘TITLE IV—MISCELLANEOUS PROVISIONS ignated as Appropriated Entitlements and dren that have no supervised place to ‘‘SEC. 401. REGULATIONS. Mandatories for Fiscal Year 1997 in the joint go after school. We have a health care explanatory statement of the committee of ‘‘The Secretary of Agriculture and the Sec- system that is barely able to hold itself conference accompanying Conference Report retary of the Interior shall issue regulations together. And we have veterans and 105–217. to carry out the purposes of this Act. seniors who have given so much to our (B) EFFECTIVE DATE.—This paragraph shall ‘‘SEC. 402. AUTHORIZATION OF APPROPRIATIONS. remain in effect for the fiscal years to which country unable to get the treatment ‘‘There are authorized to be appropriated the entitlement in section 6906 of title 31, they were promised and retire with the such sums as are necessary to carry out this United States Code (as amended by para- dignity they have earned. Act for each of fiscal years 2008 through 2011. graph (1)), applies. We can debate how best to solve ‘‘SEC. 403. TREATMENT OF FUNDS AND REVE- SEC. 602. CLARIFICATION OF UNIFORM DEFINI- these problems and others. Some sug- NUES. TION OF CHILD. gest the market can do the job. Others ‘‘(a) RELATION TO OTHER APPROPRIATIONS.— (a) CHILD MUST BE YOUNGER THAN CLAIM- believe the government has an appro- Funds made available under section 402 and ANT.—Section 152(c)(3)(A) is amended by in- funds made available to a Secretary con- serting ‘‘is younger than the taxpayer claim- priate role to play. cerned under section 206 shall be in addition ing such individual as a qualifying child But one thing upon which we can all to any other annual appropriations for the and’’ after ‘‘such individual’’. agree is that when we provide service Forest Service and the Bureau of Land Man- (b) CHILD MUST BE UNMARRIED.—Section to our communities, we can tackle so agement. 152(c)(1) is amended by striking ‘‘and’’ at the many of our toughest challenges. Serv- ‘‘(b) DEPOSIT OF REVENUES AND OTHER end of subparagraph (C), by striking the pe- ice that draws upon our collective FUNDS.—All revenues generated from riod at the end of subparagraph (D) and in- projects pursuant to title II, including any serting ‘‘, and’’, and by adding at the end the imaginations, ideas, and resolve. No interest accrued from the revenues, shall be following new subparagraph: one is better equipped to take part in deposited in the Treasury of the United ‘‘(E) who has not filed a joint return (other that effort, Mr. President, than our Na- States.’’. than only for a claim of refund) with the in- tion’s young people.

VerDate Aug 31 2005 05:30 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.094 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8415 As the father of two young daugh- Ultimately, that is what this legisla- an elderly Connecticut couple who ters, every day I bear witness to the tion is about. As with our legislation drove all the way to the Gulf Coast in energy, enthusiasm and imagination to strengthen and expand AmeriCorps the wake of Katrina for no other rea- children bring to every single thing and increase senior involvement in na- son than to help their fellow country- they do. And if the online communities tional service, this bill is about maxi- men and women. Contrary to what of today teach us anything, it is that mizing our resources. It’s about in- some suggest, I believe the American young people yearn for shared experi- creasing participation, engaging our people are starved for opportunities to ences—for experiences that take them young people, and lifting up our com- serve—and stand at the ready not just out of their comfort zones to introduce munities. That is why communities in times of crisis, but every day. Amer- them to new people, put them in new from all across this Nation have en- icans are simply waiting to be asked. I situations and teach them things they dorsed this Semester of Service legisla- am introducing this legislation today might never otherwise learn. tion. because, it is time they were. As a young man serving in the Peace If we ask all Americans to take re- The truth is, no one is more ready or Corps, I learned for myself how much sponsibility for the future of our coun- more poised to make a difference—in we can grow and learn and, more im- try as we do with this legislation, I be- our communities and throughout our portantly, the difference we can make lieve our best days can be ahead of us— country—than older Americans. when we serve. Today, what children not in the memories of the past, but in We have all heard about the aging need from us is the impetus and leader- the world of our children. We can move Baby Boomer generation—in the next ship to redirect that boundless energy forward as a Nation, lead the world and decade alone, the number of Americans of theirs toward the betterment of our create a better, brighter tomorrow for 55 years and older is expected to grow communities. Unlocking the remark- all of us. by another 22 percent. But for all the able potential in our young people is Let us start that journey today. well-publicized challenges that growth what this legislation is all about. presents, it’s time we also recognize With a semester of service, they can By Mr. DODD (for himself, Mr. something else: The opportunities it of- help tutor elementary-school students. COCHRAN, and Mr. KENNEDY): fers—if we seize them. They can assist those living in our vet- S. 3480. A bill to amend the National Studies tell us that more than half of erans’ hospitals or in hospice. Or they and Community Service Act of 1990 to those considered a part of the Baby can help clean up neighborhoods and establish Encore Service Programs, En- Boomer generation are interested in the environment. Those are just a few core Fellowship Programs, and Silver providing meaningful service to their of the opportunities the Semester of Scholarship Programs, and for other communities. Countless older men and Service Act offers. The difference serv- purposes; to the Committee on Health, women who have given so much to ice makes to our younger generation is Education, Labor, and Pensions. their country throughout their lives as clear as the need for it. Mr. DODD. Mr. President, I rise to want to continue to serve their com- We talk so much about ways to im- introduce the Encore Service Act of munities as they enter their later prove academic performance in our 2008—legislation which would offer years. schools. Well, when community service Americans 55 years of age and older the Why wouldn’t they? After a lifetime is integrated into our students’ cur- chance to serve their communities and of hard work, raising a family, and ricula at school, we know that young use their expertise and life lessons to paying taxes, Americans look forward people make gains on achievement give back to the country that has given to retirement—to enjoying their golden tests. Service-learning results in grade them so much. I want to thank Sen- years with the security and dignity point averages going up and more posi- ators COCHRAN and KENNEDY for joining they have earned. They are living tive feelings about high school. me in introducing this legislation. longer, healthier lives than any genera- The benefits of service-learning go As we have discussed time and time well beyond the classroom. When tion in history. And they recognize again, the challenges facing America young people participate in community something elemental: are mounting—from an aging popu- Life doesn’t end at retirement. For service activities they feel better able lation to a broken health care system many, it is only beginning—leading to control their own lives in a positive to challenges in our schools that put perhaps to a second career in the public way. They are less prone to engage in our children’s futures at risk. or nonprofit sector. There can be no risky behavior, more likely to engage These are problems that countless in their own education, and far more greater gift passed on to future genera- Americans have lived and struggled aware of the career opportunities be- tions than the lessons of the past. But with—that we here in this institution fore them. the truth is, we too often fail to draw Indeed, research shows that for every have debated for years, decades even. upon the experience, knowledge and dollar we spend on a service-learning We can disagree amongst ourselves ideas of previous generations. What is project, $4 worth of service is provided about how to solve them—and we cer- missing is the opportunity. to the community involved. That tainly have. But what we can all agree Providing older Americans those op- means by authorizing $200 million for on is the impact citizens can make portunities is what the Encore Service fiscal year 2009, as this legislation does, when it comes to facing some of our Act is all about. It creates an Encore our country will save more than half a biggest challenges. Service Program that provides Ameri- billion dollars in service performed. We know the extraordinary things cans 55 years and older with opportuni- This legislation works by creating a ordinary citizens can accomplish for ties to serve communities with the competitive grant program that pro- our communities when given the oppor- greatest need—to volunteer in our Na- vides school districts, or nonprofits tunity—the difference they can make tion’s schools, to help keep our neigh- working in partnership with local in our schools and nursing homes, in borhoods clean, safe and vibrant, and school districts, the opportunity to veterans’ hospitals and in helping so much more. In return for their serv- have students participate in a semester those living on fixed incomes. ice, which may include extensive train- of service in their junior or senior year We know the character of our people ing and a significant commitment of for academic credit. These students are in our darkest moments. Indeed, while time, they can receive a stipend and required to perform a minimum of 70 September 11 may have showed us that education award, much like hours of service learning activities our world had changed—it was Sep- AmeriCorps does for younger genera- over 12 weeks, with at least 24 of those tember 12 that reminded us: Americans tions. hours spent participating in field-based had not. The community blood drives, Best of all, that stipend can be trans- activities—outside of the classroom. the heroic work of our Nation’s fire- ferred to children or grandchildren. By engaging both the public and pri- fighters, the floods of donations—all Imagine what that means for a grand- vate sector, Semester of Service teach- were a powerful reminder that Ameri- mother or a grandfather who could lit- es civic participation skills and helps cans are always ready to give back erally put thousands of dollars into young people see themselves not mere- when their country calls. their newborn grandchild’s college sav- ly as residents in their communities— I will never forget the Mayor of Pass ings fund as a result of this program— but resources to them. Christian Mississippi telling me about funds that can only be used after the

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Americans in one-year management or ment to Senator WARNER’s long-stand- The actions that I have described are leadership positions in public or pri- ing commitment to protect and pre- a shining example of the commitment vate not-for-profits. These year-long serve the environment, as they are the Senator WARNER has shown to the en- fellowships not only increase the ca- remains of the Embrey Dam, whose re- vironment during his 30 years in this pacity of public service organizations moval he championed. body. He recognizes the importance of already doing tremendous work in our The Rappahannock River in Virginia protecting and preserving natural communities, they also promote those flows over 180 miles from the Blue treasures for the enjoyment of this and who have already had full, successful Ridge Mountains to the Chesapeake future generations. careers, perhaps in the private sector, Bay. At historic Fredericksburg, found- It has been a pleasure and a privilege to lend their expertise and experience ed in 1728 along the river’s fall line, the to be able to work so closely with him to the cause of community or public Rappahannock was blocked by a wood- in this regard. For many years, Sen- service. en crib dam built in 1853 and a 22-foot ator WARNER and I have served to- The Encore Service Act also creates high concrete dam built in 1910. gether on the Senate Committee on Until the 1960s, the dam was used to a Silver Scholars program that awards Environment and Public Works. At the generate hydroelectric power, and until older Americans with an education start of this Congress, I became the 2000 it was used to divert water into a scholarship of up to $1,000 in exchange chairman of that committee’s global canal as a raw water source for the for volunteering with public agencies warming subcommittee. I was honored city. In the 1990s, the city began to de- or private nonprofits between 250 and and delighted when Senator WARNER velop a new regional water supply; and 500 hours a year. As with the Encore became, at his request, the ranking mi- it was determined that the water facil- nority member of that subcommittee. Service Program, they can use these ity connected to the dam could be awards for themselves or transfer them In February of last year, the two of us closed. held a subcommittee hearing on the to children, grandchildren or other Funding to remove the dam was a qualified designees. impacts of global warming on wildlife. significant hurdle. The City sought Senator WARNER spoke with conviction Lastly, this legislation expands the support from the Federal government capacity and builds on the success of and eloquence about his commitment and found a strong advocate in Senator to wildlife conservation, and about his current Senior Programs by raising the JOHN W. WARNER. In the mid 1990s, the authorization funding levels for the particular love for rivers and streams. local river conservation group, Friends In an example of the courage and Foster Grandparent, Senior Corps and of the Rappahannock, invited Senator RSVP programs. We all know that sen- statesmanship for which he is rightly WARNER to a discussion about the re- known, Senator WARNER joined with iors and these programs have already moval of the dam. After discussion and made a remarkable difference in our me to write a bill to reduce the man- a paddle to the site, Senator WARNER made greenhouse-gas emissions that communities. That is why our legisla- pledged that if the group could dem- tion raises program eligibility levels are disrupting wildlife, threatening our onstrate community consensus regard- national security, and imperiling our from 125 to 200 percent above poverty ing the dam’s removal, he would per- and ensures that all programs will be economy. Last October, we introduced sonally support the effort. our Climate Security Act, and the next open to any individual 55 years and On February 23, 2004, on Senator month both our subcommittee and the older. WARNER’s signal, 600 pounds of explo- full Environment and Public Works The Encore Service Act authorizes sives set by the Army and Air Force Committee reported the bill favorably. $326.7 million in new funding for fiscal Reserves opened a 130-foot breach in That had never happened before with a year 2009, and such sums as necessary Embrey Dam, setting the Rappahan- climate bill in the U.S. Congress, and it for subsequent years. Ultimately, this nock River to flow free for the first would not have happened without the bill is about unlocking the remarkable time since 1853. By reopening the Rap- potential in older Americans. It is pahannock River, more than 1,300 river leadership, credibility, patience, and about creating ample opportunities for and stream miles immediately became wisdom of Senator WARNER. I join them to use their skills and talents to available to migratory fish in the many, many others in looking up to give back to their communities—to el- Chesapeake Bay watershed. him, and I am privileged to call him ementary schools, retirement homes, On July 30, 2005, the Friends of the my friend. The bill that I introduce today is a soup kitchens operating out of local Rappahannock and the City of Fred- fitting tribute to the legacy that Sen- churches, libraries, and other centers ericksburg honored Senator WARNER in ator WARNER leaves behind as he re- of our communities. a ‘‘Rappahannock River Running Free’’ It is about harnessing the power of celebration. The American Canoe Asso- tires. I encourage my colleagues to experience. We all know that when ciation, established in 1880 and the na- honor him by passing this legislation. called upon, every generation of Amer- tion’s oldest and largest canoe, kayak, f icans has risen to the challenge, often and rafting organization, stated: ‘‘For SUBMITTED RESOLUTIONS beating great odds to pass on a strong- over 150 years the Rappahannock River er, safer, more prosperous world to its has been holding its breath behind a children and grandchildren. wall of iron, concrete, and wood. U.S. SENATE RESOLUTION 655—TO IM- Americans are ready once again for Senator JOHN W. WARNER’s efforts have PROVE CONGRESSIONAL OVER- leadership that marshals the same allowed the Rappahannock River to SIGHT OF THE INTELLIGENCE unity, purpose and generosity that so breathe free once again. In apprecia- ACTIVITIES OF THE UNITED defined our country in the wake of 9/11, tion of his efforts, the community of STATES and has so defined our Nation so many paddlers and river users has bestowed Mr. BOND (for himself, Mr. ROCKE- times before. That is what the Encore upon him their highest honor. So, let it FELLER, and Mr. WHITEHOUSE) sub- Service Act of 2008 is about. I am hon- be known, on behalf of the City of mitted the following resolution; which ored to introduce it today. Fredericksburg, the Friends of the was referred to the Committee on Rappahannock, the American Canoe Rules and Administration: By Mr. LIEBERMAN: Association, and the community of S. RES. 655 S. 3482. A bill to designate a portion paddlers, that the new rapids formed at Whereas the Select Committee on Intel- of the Rappahannock River in the Com- the removal of the dam be known, now ligence of the Senate was created by Senate monwealth of Virginia as the ‘‘John W. and forever, and recorded on all maps, Resolution 400 in the 94th Congress to over- Warner Rapids’’; to the Committee on as ‘John W. Warner Rapids’ and may see and make continuing studies of the intel- Environment and Public Works. all your travels through be smooth.’’ ligence activities of the United States;

VerDate Aug 31 2005 05:57 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.097 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8417 Whereas Senate Resolution 400 specifically lative oversight to assure that such activi- SENATE RESOLUTION 656—EX- required that the Select Committee on Intel- ties are in conformity with the Constitution PRESSING THE SENSE OF THE ligence be composed of at least two cross- and laws of the United States: Now, there- SENATE REGARDING THE TER- over members, with one such member from fore, be it each party, from the Committee on Appro- Resolved, RORIST ATTACKS COMMITTED priations, the Committee on Armed Services, That Senate Resolution 445, 108th Con- AGAINST THE UNITED STATES Committee on Foreign Relations, and the gress, agreed to October 9, 2004, is amended OF AMERICA ON SEPTEMBER 11, Committee on the Judiciary of the Senate, by striking section 402 and inserting the fol- 2001 lowing: which would provide such Committees with Mr. REID (for himself, Mr. MCCON- member insight into intelligence oversight ‘‘SEC. 402. SUBCOMMITTEE RELATED TO INTEL- NELL, Mr. AKAKA, Mr. ALEXANDER, Mr. matters; LIGENCE APPROPRIATIONS. Whereas the National Commission on Ter- ‘‘(a) ESTABLISHMENT.—There is established ALLARD, Mr. BARRASSO, Mr. BAUCUS, rorist Attacks Upon the United States (re- in the Committee on Appropriations of the Mr. BAYH, Mr. BENNETT, Mr. BIDEN, Mr. ferred to in this Resolution as the ‘‘9/11 Com- Senate a Subcommittee on Intelligence. BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. mission’’) conducted a lengthy review of the ‘‘(b) JURISDICTION.—The Subcommittee on BROWN, Mr. BROWNBACK, Mr. BUNNING, facts and circumstances relating to the ter- Intelligence established under subsection (a) Mr. BURR, Mr. BYRD, Ms. CANTWELL, shall have exclusive jurisdiction over all rorist attacks of September 11, 2001, includ- Mr. CARDIN, Mr. CARPER, Mr. CASEY, funding for the National Intelligence Pro- ing those relating to the intelligence com- Mr. CHAMBLISS, Mrs. CLINTON, Mr. munity, law enforcement agencies, and the gram, as defined in section 3(6) of the Na- COBURN, Mr. COCHRAN, Mr. COLEMAN, role of congressional oversight and resource tional Security Act of 1947 (50 U.S.C. allocation; 401(a)(6)). Ms. COLLINS, Mr. CONRAD, Mr. CORKER, Whereas in its final report, the 9/11 Com- ‘‘(c) PROCEDURE.—The Subcommittee on Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, Mr. mission found that under the Rules of the Intelligence established under subsection (a) DEMINT, Mr. DODD, Mrs. DOLE, Mr. Senate and the House of Representatives in shall approve for full committee consider- DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. effect at the time the report was completed, ation an annual appropriations bill for the ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. National Intelligence Program. Upon ap- the committees of Congress charged with FEINSTEIN, Mr. GRAHAM, Mr. GRASSLEY, proval by such Subcommittee on Intel- oversight of the intelligence activities Mr. GREGG, Mr. HAGEL, Mr. HARKIN, lacked the power, influence, and sustained ligence, the annual appropriations bill for Mr. HATCH, Mrs. HUTCHISON, Mr. capability to meet the daunting challenges the National Intelligence Program shall be faced by the intelligence community of the considered by the full Committee on Appro- INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. United States; priations of the Senate, without intervening JOHNSON, Mr. KENNEDY, Mr. KERRY, Ms. Whereas in its final report, the 9/11 Com- review by any other subcommittee. Upon ap- KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. mission further found that as long as over- proval by the full Committee on Appropria- LANDRIEU, Mr. LAUTENBERG, Mr. sight is governed by such rules of the Senate tions, the bill shall then be reported to the LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mrs. Senate for consideration. and the House of Representatives, the people LINCOLN, Mr. LUGAR, Mr. MARTINEZ, of the United States will not get the security ‘‘(d) COMPOSITION.— Mr. MCCAIN, Mrs. MCCASKILL, Mr. they want and need; ‘‘(1) MEMBERS OF THE SELECT COMMITTEE ON Whereas in its final report, the 9/11 Com- INTELLIGENCE.— MENENDEZ, Ms. MIKULSKI, Ms. MUR- mission further found that a strong, stable, ‘‘(A) IN GENERAL.—Members of the Com- KOWSKI, Mrs. MURRAY, Mr. NELSON of and capable congressional committee struc- mittee on Appropriations of the Senate who Florida, Mr. NELSON of Nebraska, Mr. ture is needed to give the intelligence com- are also members of the Select Committee OBAMA, Mr. PRYOR, Mr. REED, Mr. ROB- munity of the United States appropriate on Intelligence of the Senate shall have ERTS, Mr. ROCKEFELLER, Mr. SALAZAR, oversight, support, and leadership; automatic membership on the Subcommittee Mr. SANDERS, Mr. SCHUMER, Mr. SES- on Intelligence established under subsection Whereas in its final report, the 9/11 Com- SIONS, Mr. SHELBY, Mr. SMITH, Ms. mission further found that the reforms rec- (a). SNOWE, Mr. SPECTER, Ms. STABENOW, ommended by the 9/11 Commission in its ‘‘(B) EX OFFICIO MEMBER.—If the Chairman final report will not succeed if congressional or Vice Chairman of the Select Committee Mr. STEVENS, Mr. SUNUNU, Mr. TESTER, oversight of the intelligence community in on Intelligence of the Senate is not also a Mr. THUNE, Mr. VITTER, Mr. VOINOVICH, the United States is not changed; member of the Committee on Appropriations Mr. WARNER, Mr. WEBB, Mr. Whereas the 9/11 Commission recommended of the Senate, then such Chairman or Vice WHITEHOUSE, Mr. WICKER, and Mr. structural changes to Congress to improve Chairman shall serve as an ex officio mem- WYDEN) submitted the following reso- the oversight of intelligence activities; ber of such Subcommittee on Intelligence. lution; which was considered and Whereas Congress has enacted some of the ‘‘(2) SUBCOMMITTEE ON DEFENSE APPROPRIA- agreed to: recommendations made by the 9/11 Commis- TIONS.—The Chairman and Ranking Member sion and is considering implementing addi- of the Subcommittee on Defense of the Com- S. RES. 656 tional recommendations of the 9/11 Commis- mittee on Appropriations of the Senate shall Whereas at 8:46 AM on the morning of Sep- sion; have automatic membership on such Sub- tember 11, 2001, hijacked American Airlines Whereas the Senate adopted Senate Reso- committee on Intelligence. Flight 11 was flown into the upper portion of lution 445 in the 108th Congress to address ‘‘(3) CHAIRMAN AND RANKING MEMBER.—The the North Tower of the World Trade Center some of the intelligence oversight rec- Chairman and Ranking Member of such Sub- in New York City, New York; ommendations of the 9/11 Commission by committee on Intelligence shall be selected Whereas 17 minutes later, at 9:03 AM, hi- abolishing term limits for the members of from among those members who are both jacked United Airlines Flight 175 crashed the Select Committee on Intelligence, clari- members of the Committee on Appropria- into the South Tower of the World Trade fying jurisdiction for intelligence-related tions and the Select Committee on Intel- Center; nominations, and streamlining procedures ligence of the Senate. Whereas the Fire Department of New York for the referral of intelligence-related legis- ‘‘(4) OTHER ASSIGNMENTS.—Assignment to, (FDNY), the New York Police Department lation, but other aspects of the 9/11 Commis- and a role on, such Subcommittee on Intel- (NYPD), the Port Authority Police Depart- sion recommendations regarding fiscal over- ligence shall not count against any other ment (PAPD), the Office of Emergency Man- sight of intelligence have not been imple- committee or subcommittee role or assign- agement (OEM) of the Mayor of New York, mented; ment of any member of the Committee on and countless eyewitnesses and public health Whereas, in Senate Resolution 445 in the Appropriations of the Senate. officials responded immediately and val- 108th Congress, the Senate provided for the ‘‘(e) STAFF.— iantly to these horrific events; establishment of a Subcommittee on Intel- ‘‘(1) AUTHORITY TO HIRE.—The Chairman Whereas at 9:37 AM, the west wall of the ligence of the Committee on Appropriations and Ranking Member of the Subcommittee Pentagon was hit by hijacked American Air- and gave it jurisdiction over funding for in- on Intelligence established under subsection lines Flight 77, whose impact caused imme- telligence matters; (a) shall, in consultation with the Chairman diate and catastrophic damage to the head- Whereas there remains a need to improve and Ranking Member of the Committee on quarters of the Department of Defense; congressional oversight of the intelligence Appropriations of the Senate, select, des- Whereas Pentagon officials, county fire, activities of the United States and provide a ignate, or hire staff for such Subcommittee. police, and sheriff departments, the Metro- strong, stable, and capable congressional ‘‘(2) ACCESS TO CLASSIFIED INFORMATION.—A politan Washington Airports Authority, the committee structure to provide the intel- member of the staff of such Subcommittee Ronald Reagan Washington National Airport ligence community appropriate oversight, on Intelligence may not be given access to Fire Department, the Fort Myer Fire De- support and leadership; and classified information by such Sub- partment, the Virginia State Police, the Vir- Whereas there also remains a need to im- committee unless such staff member has re- ginia Department of Emergency Manage- plement a key 9/11 Commission recommenda- ceived an appropriate security clearance, as ment, the Federal Bureau of Investigation, tion to make structural changes within Con- determined by such Subcommittee in con- the Federal Emergency Management Agen- gress to improve the oversight of intel- sultation with the Director of National In- cy, a National Medical Response Team, the ligence activities and provide vigilant legis- telligence.’’. Bureau of Alcohol, Tobacco, and Firearms,

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.100 S11SEPT1 smartinez on PROD1PC64 with SENATE S8418 CONGRESSIONAL RECORD — SENATE September 11, 2008 and numerous military personnel all re- It is fitting that as we observe the defeating the terrorists who plague Af- sponded promptly and courageously to this seventh anniversary of the 9/11 al-Qaida ghanistan. The Taliban and other ter- attack on the United States military estab- attacks, al-Qaida has been dealt a sig- ror fighters hide in Pakistan’s remote lishment; borders. We all hope that the country’s Whereas the passengers and crew of hi- nificant defeat in Iraq, both tactically jacked United Airlines Flight 93 acted hero- and most certainly morally. It has newly elected democratic leaders will ically to retake control of the airplane and been handed such a defeat in what its seek out and destroy these terrorists, thwart the taking of additional American own leaders claim was the central front not only for the security of their coun- lives by crashing the airliner in Shanksville, in the war against the United States. try but to prevent the terrorists from Pennsylvania, and, in doing so, gave their This victory was achieved at the hands gaining a haven to plot and carry out lives to save countless others; of our brave troops and the people of attacks on America and our allies. Whereas nearly 3,000 innocent civilians Iraq. As we thank our troops fighting in were killed in the heinous attacks of Sep- Iraq and Afghanistan, killing the ter- tember 11, 2001; As the result of new leadership under Whereas the Fire Department of New York General Petraeus, his counterinsur- rorists before they can attack the suffered 343 fatalities on September 11, 2001, gency strategy, and the surge, we are homeland, we also thank the many pa- the largest loss of life of any emergency re- seeing our troops come home on suc- triots who fight unseen and unheard to sponse agency in United States history; cess, including my son Sam, a marine keep our Nation safe. As the vice chair- Whereas the Port Authority Police Depart- who served two tours in Iraq. I heard man of the Senate Intelligence Com- ment suffered 37 fatalities in the attacks, the about the success from the troops on mittee, I know all too well the dangers largest loss of life of any police force in facing us. United States history; the ground in my visits to Iraq, and our military leaders testified about this I also know that in addition to our Whereas the New York Police Department troops, our intelligence operators are suffered 23 fatalities as a result of the ter- success before Congress, but now even rorist attacks, the second largest loss of life and Washington on the front lines of the war on terror. of any police force in United States history, Post are writing about our return on Our intelligence officers and law en- exceeded only by the number of Port Author- success. forcement efforts work tirelessly to ity Police Department officers lost that Look at some of the facts: stop attacks before they happen. We all same day; Anbar Province, once considered lost, owe the brave Americans who work to Whereas seven years later, the people of has now been reclaimed by the Iraqi keep us safe, and the firefighters and the United States of America and people first responders who come to our aid around the world continue to mourn the tre- people. Not just in Anbar, but across the country, the Iraqis are leading op- when disaster strikes. mendous loss of innocent life on that fateful In Congress, it is our job to ensure day; and erations to seek out al-Qaida—from Whereas seven years later, thousands of Mosul to the Diyala Province. Across the intelligence community has the men and women in the United States Armed Iraq, violence is at its lowest point tools it needs to detect, disrupt, and Forces remain in harm’s way defending our since the spring of 2004, and civilian prevent attacks on America, our Nation against those who seek to threaten deaths, sectarian killings, and suicide troops, and our allies, which is why it the United States: Now, therefore, be it is important that here in Congress we Resolved, That the Senate— bombings are all down. For the Iraqi people, life is returning to normal. never forget the critical lessons of Sep- (1) recognizes September 11, 2008, as a day tember 11—that our intelligence proved of solemn commemoration of the events of Markets are open and thriving, stu- inadequate to stop the mass murder of September 11, 2001; dents are going to school—including innocent Americans on our own soil. (2) offers its deepest and most sincere con- girls, for the first time—and profes- dolences to the families, friends, and loved As we honor these lives lost, we must sionals are returning to work in Iraq. continue to work to improve our intel- ones of the innocent victims of the Sep- This win in Iraq is not only critical to tember 11, 2001, terrorist attacks; ligence capabilities to keep a similar the Middle East, but it is critical to (3) honors the heroic service, actions, and tragedy from ever happening again. sacrifices of first responders, law enforce- our own Nation’s security. Since 9/11 we have strived to strength- Defeat in Iraq would have given the ment personnel, State and local officials, en our intelligence. My proudest ac- terrorists who launched the 9/11 at- volunteers, and countless others who aided complishment in 22 years in the Senate the innocent victims of these attacks and, in tacks a safe haven to exploit terror was the passage of the bipartisan For- doing so, bravely risked and often gave their worldwide. It is fitting that on this day eign Intelligence Surveillance Act—our own lives; we honor the memory of the victims of (4) recognizes the valiant service, actions, Nation’s early warning system to alert 9/11 and their families, that we take a us of attacks. It was a long fight, but and sacrifices of United States personnel, in- moment to thank our troops fighting cluding members of the United States Armed we now have a terrorist surveillance Forces, the United States intelligence agen- the al-Qaida terrorists in Iraq. law that allows our intelligence opera- cies, the United States diplomatic service, Our troops fought in Iraq so that fu- tors to listen in on foreign terrorists. law enforcement personnel, and their fami- ture generations of Americans will not We have also made other important lies, who have given so much, including their have to fight them on our own soil. I changes in our laws and priorities re- lives and well-being, to support the cause of am proud of these brave men and lated to the threat of international ter- freedom and defend our Nation’s security; women who sacrificed so much in de- rorism, such as the USA PATRIOT Act, and fense of freedom and security here at intelligence reform measures, and im- (5) reaffirms that the people of the United home. We owe them a debt that can States will never forget the challenges our plementing recommendations of the country endured on and since September 11, never be repaid. 9/11 Commission Act. But Congress has 2001, and will work tirelessly to defeat those Our troops are also fighting the ter- not done enough. who attacked our Nation. rorists in Afghanistan. Troop increases On the seventh anniversary of 9/11, it Mr. BOND. Mr. President, I join my are now making a difference. But it is noteworthy that there remains one colleagues and all Americans in solemn will also take smart power, a careful unaddressed 9/11 commission rec- observance of the loss of 3,000 Amer- blend of kinetic and nonkinetic power ommendation, and that is to reform ican lives on September 11, 2001, truly of the United States and its allies to the legislative branch’s oversight of in- the greatest tragedy on American soil defeat the terrorists in Afghanistan telligence and terrorism activities in our recent history. Our thoughts and and elsewhere; efforts to build institu- which the commission rightly de- prayers are with these victims and tions in education, rule of law, infra- scribed as ‘‘dysfunctional.’’ their families. structure development, roads and The 9/11 Commission stated: We all know that al-Qaida terrorists power; efforts such as our Missouri Na- Of all of our recommendations, strength- declared war on the United States 7 tional Guards’s agriculture develop- ening congressional oversight may be among years ago today. These vicious attacks ment teams. These teams are training the most difficult and important. claimed American lives and brought the Afghanis in sustainable agriculture Yet here we are 7 years after 9/11 and great concern and destruction across methods and techniques that will help 4 years past the issuance of the 9/11 our country. While America has re- them build a more secure and stable so- commission report, and that most sig- mained safe from another attack on ciety. nificant recommendation for change our soil since 9/11/2001, it is by no acci- It is critical that Pakistan continue remains unaddressed. The Senate tin- dent. to partner with the United States in kered around the edges by adding term

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.075 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8419 limits for Intelligence Committee October 2004. We note, however, that Sen- Chambliss; Barbara A. Mikulski; Orrin members, but it has not addressed the ators Burr, Bayh, Feingold, Hagel, McCain, Hatch; Olympia J. Snowe; Bill Nelson; fundamental structural dysfunction re- Snowe and Sununu have reintroduced this Richard Burr; Sheldon Whitehouse. garding the fiscal oversight of the in- measure in the 110th Congress with S. Res. Mr. BOND. This approach embodies 375. the spirit of the 9/11 commission rec- telligence. The second option embodies the spirit of The 9/11 commission made two bold the 9/11 Commission recommendation yet ommendation, yet poses less structural recommendations to fix the problem: poses less structural change to the Senate change to the Senate and could be ac- either consolidate authorization and and could be accomplished during this Con- complished easily during this Congress appropriation functions into a single gress simply by amending and implementing simply by creating a carefully designed committee in both Houses or create a part of S. Res. 445. Section 402 of S. Res. 445 subcommittee on intelligence within bicameral intelligence committee. called for the creation of a Subcommittee on the Appropriations Committee. The Both of these approaches were consid- Intelligence within the Appropriations Com- necessary parameters of this new com- mittee. To date, this subcommittee has not mittee are contained in the Senate res- ered and rejected by the Senate during been created. We recommend, as the second consideration of S. Res. 445 in October option, to amend and implement Section 402 olution that I will submit momen- of 2004. But many of us believe there is of S. Res. 445 with the following necessary tarily. We believe these stipulations in a better, less disruptive way to achieve changes: this resolution would effect the change reform through a carefully construc- The Subcommittee on Intelligence shall be sought by the 9/11 commission and en- tive intelligence appropriations sub- an additional appropriations subcommittee able us to bring intelligence spending committee. and therefore require no reorganization of under effective oversight. the Appropriations Committee. This approach was endorsed earlier Now, some of my colleagues may ask The Subcommittee on Intelligence shall themselves why I decided to file this this year by all but 1 of 15 members of appropriate all funds for the National Intel- the Intelligence Committee in a letter ligence Program (NIP) (as opposed to the Senate resolution today. The answer is sent to the majority and minority lead- current situation where appropriations for simple. Here we are on the seventh an- ers along with an endorsement from the NIP are fragmented among several sub- niversary of the 9/11 attacks and more the chairman and ranking member of committees within the Appropriations Com- than 4 years after the 9/11 commission’s the Homeland and Government Affairs mittee). final report was issued, and we still There will be a mechanism allowing for the Committee. haven’t addressed the recommendation allocation of the intelligence budget to the that they considered most important. I ask unanimous consent that the Subcommittee through the congressional letter be printed in the RECORD at this budget process. Furthermore, I have tried to work time. The annual appropriations bill for the NIP within the system for 5 years now to There being no objection, the mate- reported by the Subcommittee on Intel- bring about adequate change to no rial was ordered to be printed in the ligence shall pass from the Subcommittee to avail. RECORD, as follows: the full Appropriations Committee without I believe we should no longer delay intervening review by any other sub- the implementation of this crucial rec- U.S. SENATE, committee; it shall then be reported to the SELECT COMMITTEE ON INTELLIGENCE, ommendation. Congress has insisted Senate like any other appropriations meas- that others reform, but we have not yet Washington, DC, March 6, 2008. ure. Hon. HARRY REID, Appropriations Committee members who adopted any meaningful reform our- Majority Leader, U.S. Senate, are members of the SSCI shall have auto- selves. The hypocrisy has not gone un- Washington, DC. matic membership on the Subcommittee on noticed by members of the 9/11 commis- Hon. MITCH MCCONNELL, Intelligence as shall the Chairman and sion or by the families of the victims Republican Leader, U.S. Senate, Ranking Member of the Subcommittee on whom we honor today. The time has Washington, DC. Defense Appropriations. DEAR SENATOR REID AND SENATOR MCCON- come for us to put our House in order, The Chairman and Ranking member of the and I believe a carefully designed ap- NELL: This letter sets forth our recommenda- Subcommittee on Intelligence shall be se- tions for change within the Senate to im- lected from among those members who are propriations subcommittee on intel- prove congressional oversight for intel- both Appropriations Committee and SSCI ligence is the proper way to implement ligence. Section 603 of the Implementing members. the spirit of the 9/11 congressional Recommendations of the 9/11 Commission Assignment to and role on the Sub- oversight recommendations. Act (Public Law 110–53) required the Senate committee on Intelligence shall not count I am concerned about wasteful spend- Select Committee on Intelligence (SSCI) and against other subcommittee roles and as- ing, not just in the billions of dollars, the Homeland Security and Governmental signments of any member of the Appropria- Affairs Committee (HSGAC) to undertake a but in the dozens of billions of dollars, tions Committee. that the public does not know about review of the 9/11 Commission’s Final Report The Chairman and Ranking member of the with regard to intelligence reform and con- Subcommittee on Intelligence of the Appro- because it is all classified. I am con- gressional intelligence oversight reform. It priations Committee shall select, designate cerned about technology programs that also required the Committees to submit to or hire staff with appropriate clearances for consume billions of dollars for a num- the Senate recommendations for reform of the Subcommittee on Intelligence. ber of years and never get off the congressional oversight of intelligence. The If either, or both, the Chairman and Vice ground. Our current Director of Na- recommendations in this letter match those Chairman of the SSCI are not appropriations tional Intelligence boasted publicly proposed to you in a letter sent by the Chair- cross-over members to the SSCI, then either, about killing one such program early man and Ranking Member of the Homeland or both, shall serve as ex officio members of Security and Governmental Affairs Com- the Subcommittee on Intelligence. last year. But that was a program that mittee. The effective date of these changes shall be our defense and intelligence leaders On November 13, 2007, the SSCI conducted the date upon which the Senate adopts these trumpeted for years as a silver bullet a public hearing to receive testimony from amendments to S. Res. 445. before finally throwing in the towel be- members of the 9/11 Commission, as well as The Senate has already voted overwhelm- cause it did not work. The intelligence from experts from the Library of Congress ingly to create a Subcommittee on Intel- acquisition system is hard to change, and the private sector. On February 27, 2008, ligence of the Appropriations Committee. We and the DNI and the intelligence com- the SSCI met to formulate conclusions on believe constituting this subcommittee with the matter. The Committee concluded that the necessary stipulations above will provide munity need Congress’s oversight and the Senate should enact either one of two op- the closest approximation to the 9/11 Com- accountability. tions to implement the necessary changes mission recommendation for consolidation As for Congress, when the Intel- embodied by the comments and rec- and consistency of oversight, while at the ligence Committee looks at an issue of ommendations of the 9/11 Commission. same time imposing the least alteration to great import for several years, and The first option is to implement the 9/11 Senate organization and tradition. After when the Armed Services Committee Commission recommendation with regard to consulting with you on these options we plan does the same and agrees in its assess- fiscal oversight of intelligence by consoli- to sponsor the appropriate Senate resolution ment, yet the appropriations process is dating authorization and appropriations au- to address this issue. so disconnected from them that bil- thority in the SSCI. This option would im- Sincerely, plement directly the 9/11 Commission rec- John D. Rockefeller IV, Chairman; Chris- lions of dollars come to naught because ommendation. We understand that this ap- topher S. Bond, Vice Chairman; Dianne the executive branch is not having its proach was considered and rejected by the Feinstein; John Warner; Ron Wyden; feet held to the fire, then the American Senate during consideration of S. Res. 445 in Chuck Hagel; Evan Bayh; Saxby taxpayers are ill served, and billions of

VerDate Aug 31 2005 05:46 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G11SE6.028 S11SEPT1 smartinez on PROD1PC64 with SENATE S8420 CONGRESSIONAL RECORD — SENATE September 11, 2008 dollars that could have been used else- on the subcommittee and has always struction, and for defense activities of the where are wasted. listened patiently to my concerns over Department of Energy, to prescribe military Another example of disjointed over- the years. personnel strengths for such fiscal year, and sight happened again yesterday in the I cannot say enough about these for other purposes; which was ordered to lie on the table. Senate Defense Appropriations Sub- three men who are true leaders; they SA 5447. Mr. CHAMBLISS (for himself and committee markup. After years of bil- have acted with wisdom and discern- Mr. ISAKSON) submitted an amendment in- lions of dollars having been wasted by ment in how they have led the sub- tended to be proposed by him to the bill S. the intelligence community and the committee. They are good friends, they 3001, supra; which was ordered to lie on the National Reconnaissance Office I pro- are esteemed colleagues, and I am hon- table. posed a much cheaper, multifunctional ored to serve under their leadership. So SA 5448. Mr. AKAKA (for himself, Mr. STE- approach to sustain our satellite con- VENS, Mr. INOUYE, and Ms. MURKOWSKI) sub- let me make it very clear, that the mitted an amendment intended to be pro- stellation. problem I am addressing today is not posed by him to the bill S. 3001, supra; which This approach is advocated by out- the people; these men lead with dignity was ordered to lie on the table. side experts and scientists and officials and discernment in putting together SA 5449. Mr. BINGAMAN submitted an within the intelligence agencies. It the most complicated funding bill in amendment intended to be proposed by him also was adopted 2 years in a row by the Congress. to the bill S. 3001, supra; which was ordered the Intelligence Committee and by the The problem rather that I am ad- to lie on the table. SA 5450. Mrs. MCCASKILL (for herself, Mr. Armed Services Committee in its bill dressing is structure. With a nearly KENNEDY, and Mr. ENZI) submitted an that is on the floor before us today. $500 billion Defense appropriations bill, amendment intended to be proposed by her Yet, in the Defense Appropriations of which less than 10 percent is for in- to the bill S. 3001, supra; which was ordered markup yesterday, even though mul- telligence, and with only a handful of to lie on the table. tiple Senators who have been studying committee staff on hand to look at in- SA 5451. Mr. FEINGOLD (for himself and this issue on other committees for telligence matters and barely enough Mr. GRASSLEY) submitted an amendment in- years spoke in strong support of it, the time for just a few hearings on intel- tended to be proposed by him to the bill S. old system kicked in and the measure 3001, supra; which was ordered to lie on the ligence squeezed between all the de- table. was shut out; that is a structural defi- fense hearings and briefings through- SA 5452. Mr. LEVIN (for himself and Mr. ciency the 9/11 Commission pointed out the year, there is simply no way WARNER) submitted an amendment intended out. they can pay adequate attention to in- to be proposed by him to the bill S. 3001, In a classified session I can give ex- telligence, it is just not possible. supra; which was ordered to lie on the table. amples upon examples from other serv- They are rightly consumed with the SA 5453. Mr. SPECTER (for himself and Mr. KOHL) submitted an amendment in- ices. other 90 percent of their budget that Those who have the time and man- tended to be proposed by him to the bill S. focuses on defense matters. On the In- 3001, supra; which was ordered to lie on the date to study the issue extensively telligence Committee, however, we table. need to be the ones whose discernment spend several days each week poring SA 5454. Mr. SPECTER (for himself, Mr. is brought to bear on those matters— over intelligence matters and receiving DEMINT, Mr. SESSIONS, and Mr. COBURN) sub- this is case in point of what the 9/11 briefs on all aspects of the intelligence mitted an amendment intended to be pro- Commission said must happen in this community, and with a cadre of 50 pro- posed by him to the bill S. 3001, supra; which specific area of national security, with fessional staff at our disposal we are was ordered to lie on the table. intelligence. It is in this one area, in SA 5455. Mr. BAYH submitted an amend- able to dig real deep into a number of ment intended to be proposed by him to the our front line of defense against terror, disciplines. bill S. 3001, supra; which was ordered to lie where this has to take place. We know that change is needed, and on the table. Having tried to work within the sys- I appreciate the leadership that Chair- SA 5456. Mr. REID (for himself and Mr. EN- tem and failed, I cannot remain silent man ROCKEFELLER and the rest of my SIGN) submitted an amendment intended to about this sort of thing any longer. colleagues on the Intelligence Com- be proposed by him to the bill S. 3001, supra; which was ordered to lie on the table. We hear a lot today about needed mittee have shown on this issue. I am change and reform coming to Wash- SA 5457. Mr. DURBIN submitted an amend- also grateful for the support expressed ment intended to be proposed by him to the ington. Let us prove to the American by other Members of the Senate who bill S. 3001, supra; which was ordered to lie people that we do not need to wait for recognize the importance of this issue on the table. an election to start that process. to our esteemed body. SA 5458. Mrs. CLINTON submitted an At this point, lest anyone get the I recognize that we are quickly run- amendment intended to be proposed by her wrong idea about the problems I am ad- ning short on legislative days to get to the bill S. 3001, supra; which was ordered to lie on the table. dressing here, I must say something this done. However, I would ask my about the leadership of the Defense Ap- SA 5459. Mr. BINGAMAN (for himself and colleagues to give serious consider- Mr. DOMENICI) submitted an amendment in- propriations Subcommittee. The Amer- ation to this Senate resolution. I stand tended to be proposed by him to the bill S. ican people all know about our war ready to discuss its details and debate 3001, supra; which was ordered to lie on the hero from the Senate, JOHN MCCAIN, its merits. If we are not able to act in table. who is running for President, but I this Congress, then I expect to address SA 5460. Mr. BINGAMAN submitted an amendment intended to be proposed by him want to draw attention to another one this issue again first thing in the new of our war heroes who served 2 wars be- to the bill S. 3001, supra; which was ordered Congress. to lie on the table. fore Senator MCCAIN did in Vietnam, As we reflect on the horrible events SA 5461. Mr. SANDERS submitted an and that is Senator DAN INOUYE from of the September 11 terrorist attacks, I amendment intended to be proposed by him Hawaii, chairman of the Defense Ap- suggest to my colleagues that we all to the bill S. 3001, supra; which was ordered propriations Subcommittee. ask ourselves whether we can do more to lie on the table. Senator INOUYE is a true American to improve congressional oversight of SA 5462. Mr. BROWNBACK submitted an hero whom I have the utmost admira- amendment intended to be proposed by him intelligence. I think we would all agree to the bill S. 3001, supra; which was ordered tion for, and I greatly commend him that the answer to that question must for the manner in which he has led, and to lie on the table. be an emphatic ‘‘yes.’’ SA 5463. Mr. SPECTER (for himself and is leading, the Defense Subcommittee. If we agree that we can do more, then Mr. SCHUMER) submitted an amendment in- He ensures that America’s priorities on why don’t we? tended to be proposed by him to the bill S. defense are put in the right place. 3001, supra; which was ordered to lie on the I also commend my good friend Sen- f table. ator STEVENS, another true American AMENDMENTS SUBMITTED AND SA 5464. Mr. CORNYN submitted an patriot and veteran. His leadership has PROPOSED amendment intended to be proposed by him been invaluable on this subcommittee to the bill S. 3001, supra; which was ordered SA 5446. Mrs. DOLE submitted an amend- to lie on the table. for over two decades. And I commend ment intended to be proposed by her to the SA 5465. Mr. CARDIN submitted an amend- my good friend Senator COCHRAN also, bill S. 3001, to authorize appropriations for ment intended to be proposed by him to the who has recently been sitting in for fiscal year 2009 for military activities of the bill S. 3001, supra; which was ordered to lie Senator STEVENS as ranking member Department of Defense, for military con- on the table.

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.109 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8421 SA 5466. Mr. SCHUMER (for himself, Mr. to be proposed by him to the bill S. 3001, military activities of the Department MARTINEZ, Mr. MENENDEZ, Mrs. CLINTON, and supra; which was ordered to lie on the table. of Defense, for military construction, Mr. NELSON, of Florida) submitted an amend- SA 5486. Mr. BROWN (for himself and Mr. and for defense activities of the De- ment intended to be proposed by him to the BAYH) submitted an amendment intended to partment of Energy, to prescribe mili- bill S. 3001, supra; which was ordered to lie be proposed by him to the bill S. 3001, supra; on the table. which was ordered to lie on the table. tary personnel strengths for such fiscal SA 5467. Mr. INHOFE (for himself and Mr. SA 5487. Mr. CASEY (for himself and Mr. year, and for other purposes; which was GRASSLEY) submitted an amendment in- HAGEL) submitted an amendment intended ordered to lie on the table; as follows: tended to be proposed by him to the bill S. to be proposed by him to the bill S. 3001, At the end of subtitle F of title X, add the 3001, supra; which was ordered to lie on the supra; which was ordered to lie on the table. following: table. SA 5488. Mr. BROWNBACK submitted an SA 5468. Mr. INHOFE (for himself, Mr. amendment intended to be proposed by him SEC. 1068. SENSE OF SENATE ON CARE FOR CRAPO, and Mr. CRAIG) submitted an amend- to the bill S. 3001, supra; which was ordered WOUNDED WARRIORS. ment intended to be proposed by him to the to lie on the table. (a) FINDINGS.—The Senate makes the fol- bill S. 3001, supra; which was ordered to lie SA 5489. Mr. LIEBERMAN (for himself, Mr. lowing findings: on the table. GRAHAM, and Mr. LUGAR) submitted an (1) The Wounded Warrior Act (title XVI of SA 5469. Mr. CHAMBLISS (for himself and amendment intended to be proposed by him Public Law 110–181) established a comprehen- Mr. ISAKSON) submitted an amendment in- to the bill S. 3001, supra; which was ordered sive policy on improvements to care, man- tended to be proposed by him to the bill S. to lie on the table. agement, and transition of recovering serv- 3001, supra; which was ordered to lie on the SA 5490. Mr. WARNER submitted an ice members. table. amendment intended to be proposed by him (2) This policy included guidance on Train- SA 5470. Mr. KERRY (for himself and Ms. to the bill S. 3001, supra; which was ordered ing and Skills of Health Care Professionals, SNOWE) submitted an amendment intended to lie on the table. Recovery Care Coordinators, Medical Care to be proposed by him to the bill S. 3001, SA 5491. Mr. WARNER (for himself and Mr. Case Managers, and Non-Medical Care Man- supra; which was ordered to lie on the table. DURBIN) submitted an amendment intended agers for Recovering Service Members. SA 5471. Mr. LAUTENBERG (for himself, to be proposed by him to the bill S. 3001, (3) The Department of Veterans Affairs Mr. CASEY, and Mr. MENENDEZ) submitted an supra; which was ordered to lie on the table. currently has eight fully trained Recovery amendment intended to be proposed by him SA 5492. Mr. WARNER submitted an Care Coordinators in the field serving 123 to the bill S. 3001, supra; which was ordered amendment intended to be proposed by him wounded warriors with an additional two Re- to lie on the table. to the bill S. 3001, supra; which was ordered covery Care Coordinators in training and ad- SA 5472. Mr. DURBIN submitted an amend- to lie on the table. ditional applicants being considered. ment intended to be proposed by him to the SA 5493. Mr. WARNER (for himself and Mr. (4) The requirement for Recovery Care Co- bill S. 3001, supra; which was ordered to lie WEBB) submitted an amendment intended to ordinators, Medical Care Case Managers, and on the table. be proposed by him to the bill S. 3001, supra; Non-Medical Care Managers for Recovering SA 5473. Mr. LEVIN (for himself and Mr. which was ordered to lie on the table. Service Members exceeds the current avail- WARNER) submitted an amendment intended SA 5494. Mr. CARDIN submitted an amend- ability of these personnel within the Depart- to be proposed by him to the bill S. 3001, ment intended to be proposed by him to the ment of Veterans Affairs and Department of supra; which was ordered to lie on the table. bill S. 3001, supra; which was ordered to lie Defense. SA 5474. Mr. VITTER submitted an amend- on the table. ment intended to be proposed by him to the SA 5495. Mr. NELSON of Nebraska (for (b) SENSE OF SENATE.—It is the sense of the bill S. 3001, supra; which was ordered to lie himself and Mr. GRAHAM) submitted an Senate that the Department of Veterans Af- on the table. amendment intended to be proposed by him fairs and Department of Defense should— SA 5475. Mr. WARNER submitted an to the bill S. 3001, supra; which was ordered (1) aggressively recruit, hire, and train in- amendment intended to be proposed by him to lie on the table. dividuals as Recovery Care Coordinators, to the bill S. 3001, supra; which was ordered SA 5496. Mr. NELSON of Nebraska (for Medical Care Case Managers, and Non-Med- to lie on the table. himself and Mr. GRAHAM) submitted an ical Care Managers for Recovering Service SA 5476. Mr. LAUTENBERG (for himself, amendment intended to be proposed by him Members; Mr. SMITH, Mr. INOUYE, and Mr. STEVENS) to the bill S. 3001, supra; which was ordered (2) establish partnerships between Depart- submitted an amendment intended to be pro- to lie on the table. ment of Defense medical facilities and De- posed by him to the bill S. 3001, supra; which SA 5497. Mr. NELSON of Nebraska (for partment of Veterans Affairs medical facili- was ordered to lie on the table. himself, Mr. GRAHAM, Mr. VOINOVICH, and ties, on the one hand, and public and private SA 5477. Mr. BAUCUS submitted an amend- Mr. CORKER) submitted an amendment in- institutions of higher education, on the ment intended to be proposed by him to the tended to be proposed by him to the bill S. other hand, to assist in training medical care bill S. 3001, supra; which was ordered to lie 3001, supra; which was ordered to lie on the case management personnel needed to sup- on the table. table. port returning wounded and ill service mem- SA 5478. Mr. WARNER submitted an bers; amendment intended to be proposed by him f (3) work closely with public and private in- to the bill S. 3001, supra; which was ordered TEXT OF AMENDMENTS stitutions of higher education to ensure the to lie on the table. most current care management techniques SA 5479. Mrs. CLINTON submitted an SA 5446. Mrs. DOLE submitted an and evidenced based guidelines are incor- amendment intended to be proposed by her amendment intended to be proposed by porated into training programs for Health to the bill S. 3001, supra; which was ordered her to the bill S. 3001, to authorize ap- Care Professionals, Recovery Care Coordina- to lie on the table. propriations for fiscal year 2009 for tors, Medical Care Case Managers, and Non- SA 5480. Mr. CORKER submitted an amend- military activities of the Department Medical Care Managers; and ment intended to be proposed by him to the of Defense, for military construction, (4) expand the use of Recovery Care Coordi- bill S. 3001, supra; which was ordered to lie and for defense activities of the De- nators, Medical Care Case Managers, and on the table. Non-Medical Care Managers to include other SA 5481. Mrs. DOLE submitted an amend- partment of Energy, to prescribe mili- than newly wounded and disabled recovering ment intended to be proposed by her to the tary personnel strengths for such fiscal service members. bill S. 3001, supra; which was ordered to lie year, and for other purposes; which was on the table. ordered to lie on the table; as follows: SA 5448. Mr. AKAKA (for himself, Mr. SA 5482. Mr. KERRY (for himself, Ms. On page 454, after line 21, add the fol- SNOWE, Mr. MENENDEZ, Mr. LAUTENBERG, and lowing: STEVENS, Mr. INOUYE, and Ms. MUR- Mrs. CLINTON) submitted an amendment in- KOWSKI) submitted an amendment in- SEC. 2814. EXPANDED IMPLEMENTATION OF tended to be proposed by him to the bill S. FIRST SERGEANTS BARRACKS INI- tended to be proposed by him to the 3001, supra; which was ordered to lie on the TIATIVE. bill S. 3001, to authorize appropriations table. The Secretary of the Army shall imple- for fiscal year 2009 for military activi- SA 5483. Ms. KLOBUCHAR submitted an ment the First Sergeants Barracks Initiative ties of the Department of Defense, for amendment intended to be proposed by her (FSBI) throughout the Army in order to im- to the bill S. 3001, supra; which was ordered military construction, and for defense prove the quality of life and living environ- activities of the Department of Energy, to lie on the table. ments for single soldiers. SA 5484. Mr. FEINGOLD (for himself, Mr. to prescribe military personnel NELSON, of Florida, and Mrs. DOLE) sub- SA 5447. Mr. CHAMBLISS (for him- strengths for such fiscal year, and for mitted an amendment intended to be pro- self and Mr. ISAKSON) submitted an other purposes; which was ordered to posed by him to the bill S. 3001, supra; which lie on the table; as follows: was ordered to lie on the table. amendment intended to be proposed by SA 5485. Mr. DODD (for himself and Mr. him to the bill S. 3001, to authorize ap- On page 311, between lines 13 and 14, insert SHELBY) submitted an amendment intended propriations for fiscal year 2009 for the following:

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Subtitle H—Non-Foreign Area Retirement ‘‘(c)(1) The cost-of-living allowance rate (1) in calendar year 2009, by using 1⁄3 of the Equity Assurance payable under this section shall be adjusted locality pay percentage for the rest of United SEC. 1091. SHORT TITLE. on the first day of the first applicable pay States locality pay area; This title may be cited as the ‘‘Non-For- period beginning on or after— (2) in calendar year 2010, by using 2⁄3 of the eign Area Retirement Equity Assurance Act ‘‘(A) January 1, 2009; and otherwise applicable comparability payment of 2008’’ or the ‘‘Non-Foreign AREA Act of ‘‘(B) on January 1 of each calendar year in approved by the President for each non-for- 2008’’. which a locality-based comparability adjust- eign area; and SEC. 1092. EXTENSION OF LOCALITY PAY. ment takes effect under section 1094 (2) and (3) in calendar year 2011 and each subse- (3) of the Non-Foreign Area Retirement Eq- quent year, by using the full amount of the (a) LOCALITY-BASED COMPARABILITY PAY- uity Assurance Act of 2008. applicable comparability payment approved MENTS.—Section 5304 of title 5, United States ‘‘(2)(A) In this paragraph, the term ‘appli- Code, is amended— by the President for each non-foreign area. cable locality-based comparability pay per- (1) in subsection (f)(1), by striking subpara- SEC. 1095. SAVINGS PROVISION. centage’ means, with respect to calendar graph (A) and inserting the following: (a) SENSE OF CONGRESS.—It is the sense of year 2009 and each calendar year thereafter, ‘‘(A) each General Schedule position in the Congress that the application of this title to the applicable percentage under section 1094 United States, as defined under section any employee should not result in a decrease (1), (2), or (3) of Non-Foreign Area Retire- 5921(4), and its territories and possessions, in the take home pay of that employee. ment Equity Assurance Act of 2008. (b) SENSE OF CONGRESS.—It is the sense of including the Commonwealth of Puerto Rico ‘‘(B) Each adjusted cost-of-living allowance and the Commonwealth of the Northern Mar- Congress that the Bureau of Labor Statistics rate under paragraph (1) shall be computed will conduct separate surveys pursuant to iana Islands, shall be included within a pay by— locality;’’; the establishment by the President’s Pay ‘‘(i) subtracting 65 percent of the applica- Agent of 1 new locality area for the entire (2) in subsection (g)— ble locality-based comparability pay per- (A) in paragraph (2)— State of Hawaii and 1 new locality area for centage from the cost-of-living allowance the entire State of Alaska, and that upon the (i) in subparagraph (A), by striking ‘‘and’’ percentage rate in effect on December 31, after the semicolon; completion of the phase in period no em- 2008; and ployee shall receive less than the Rest of the (ii) by redesignating subparagraph (B) as ‘‘(ii) dividing the resulting percentage de- subparagraph (C); U.S. locality pay rate. termined under clause (i) by the sum of— (c) SAVINGS PROVISIONS.— (iii) by inserting after subparagraph (A) ‘‘(I) one; and the following: (1) IN GENERAL.—During the period de- ‘‘(II) the applicable locality-based com- scribed under section 1094 of this Act, an em- ‘‘(B) positions under subsection (h)(1)(D) parability payment percentage expressed as not covered by appraisal systems certified ployee paid a special rate under 5305 of title a numeral. 5, United States Code, who the day before under section 5382; and’’; and ‘‘(3) No allowance rate computed under (iv) in subparagraph (C) (as redesignated by the date of enactment of this Act was eligi- paragraph (2) may be less than zero. ble to receive a cost-of-living allowance this paragraph), by striking ‘‘under sub- ‘‘(4) Each allowance rate computed under section (h)(1)(D)’’ and inserting ‘‘under sub- under section 5941 of title 5, United States paragraph (2) shall be paid as a percentage of Code, and who continues to be officially sta- section (h)(1)(E)’’; and basic pay (including any applicable locality- (B) by adding at the end the following: tioned in an allowance area, shall receive an based comparability payment under section increase in the employee’s special rate con- ‘‘(3) The applicable maximum under this 5304 or similar provision of law and any ap- subsection shall be level II of the Executive sistent with increases in the applicable spe- plicable special rate of pay under section 5305 cial rate schedule. For employees in allow- Schedule for positions under subsection or similar provision of law).’’. (h)(1)(D) covered by appraisal systems cer- ance areas, the minimum step rate for any SEC. 1093. ADJUSTMENT OF SPECIAL RATES. grade of a special rate schedule shall be in- tified under section 5307(d).’’; and (a) IN GENERAL.—Each special rate of pay (3) in subsection (h)(1)— creased at the time of an increase in the ap- established under section 5305 of title 5, plicable locality rate percentage for the al- (A) in subparagraph (C) by striking ‘‘and’’ United States Code, and payable in an area after the semicolon; lowance area by not less than the dollar in- designated as a cost-of-living allowance area crease in the locality-based comparability (B) by redesignating subparagraph (D) as under section 5941(a) of that title, shall be subparagraph (E); payment for a non-special rate employee at adjusted, on the dates prescribed by section the same minimum step provided under sec- (C) by inserting after subparagraph (C) the 1094 of this Act, in accordance with regula- following: tion 1094 of this Act, and corresponding in- tions prescribed by the Director of the Office creases shall be provided for all step rates of ‘‘(D) a Senior Executive Service position of Personnel Management under section 1099 under section 3132 stationed within the the given pay range. of this Act. (2) CONTINUATION OF COST OF LIVING ALLOW- United States, but outside the 48 contiguous (b) DEPARTMENT OF VETERANS AFFAIRS.— ANCE RATE.—If an employee, who the day be- States and the District of Columbia in which Each special rate of pay established under fore the date of enactment of this Act was el- the incumbent the day before the date of en- section 7455 of title 38, United States Code, igible to receive a cost-of-living allowance actment of the Non-Foreign Area Retire- and payable in a location designated as a under section 5941 of title 5, United States ment Equity Assurance Act of 2008 was eligi- cost-of-living allowance area under section Code, would receive a rate of basic pay and ble to receive a cost-of-living allowance 5941(a)(1) of title 5, United States Code, shall applicable locality-based comparability pay- under section 5941; and’’; and be adjusted in accordance with regulations ment which is in excess of the maximum rate (D) in clause (iii) in the matter following prescribed by the Secretary of Veterans Af- limitation set under section 5304(g) of title 5, subparagraph (D), by inserting ‘‘stationed in fairs that are consistent with the regulations United States Code, for his position (but for the 48 contiguous States and the District of issued by the Director of the Office of Per- that maximum rate limitation) due to the Columbia, or stationed within the United sonnel Management under subsection (a). operation of this title, the employee shall States, but outside the 48 contiguous States (c) TEMPORARY ADJUSTMENT.—Regulations continue to receive the cost-of-living allow- and the District of Columbia, in which the issued under subsection (a) or (b) may pro- ance rate in effect on December 31, 2008 with- incumbent the day before the date of enact- vide that statutory limitations on the out adjustment until— ment of the Non-Foreign Area Retirement amount of such special rates may be tempo- (A) the employee leaves the allowance area Equity Assurance Act of 2008 was not eligible rarily raised to a higher level during the or pay system; or to receive a cost-of-living allowance under transition period described in section 1094 (B) the employee is entitled to receive section 5941; and’’ before the semicolon. ending on the first day of the first pay period basic pay (including any applicable locality- (b) ALLOWANCES BASED ON LIVING COSTS beginning on or after January 1, 2011, at based comparability payment or similar sup- AND CONDITIONS OF ENVIRONMENT.—Section which time any special rate of pay in excess plement) at a higher rate, 5941 of title 5, United States Code, is amend- of the applicable limitation shall be con- ed— verted to a retained rate under section 5363 but, when any such position becomes vacant, (1) in subsection (a), by adding after the of title 5, United States Code. the pay of any subsequent appointee thereto last sentence ‘‘Notwithstanding any pre- SEC. 1094. TRANSITION SCHEDULE FOR LOCAL- shall be fixed in the manner provided by ap- ceding provision of this subsection, the cost- ITY-BASED COMPARABILITY PAY- plicable law and regulation. of-living allowance rate based on paragraph MENTS. (3) LOCALITY-BASED COMPARABILITY PAY- (1) of this subsection shall be the cost-of-liv- Notwithstanding any other provision of MENTS.—Any employee covered under para- ing allowance rate in effect on December 31, this title or section 5304 or 5304a of title 5, graph (2) shall receive any applicable local- 2008, except as adjusted under subsection United States Code, in implementing the ity-based comparability payment extended (c).’’; amendments made by this title, for each under section 1094 of this Act which is not in (2) by redesignating subsection (b) as sub- non-foreign area determined under section excess of the maximum rate set under sec- section (d); and 5941(b) of that title, the applicable rate for tion 5304(g) of title 5, United States Code for (3) by inserting after subsection (a) the fol- the locality-based comparability adjustment his position including any future increase to lowing: that is used in the computation required statutory pay caps under 5318 of title 5, ‘‘(b) This section shall apply only to areas under section 5941(c) of that title shall be ad- United States Code. Notwithstanding para- that are designated as cost-of-living allow- justed effective on the first day of the first graph (2), to the extent that an employee ance areas as in effect on December 31, 2008. pay period beginning on or after January 1— covered under that paragraph receives any

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.102 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8423 amount of locality-based comparability pay- (B) by striking ‘‘Section 5941,’’ and insert- ceed the amount of the locality-based com- ment, the cost-of-living allowance rate under ing ‘‘Except as provided under paragraph (2), parability payments the employee would that paragraph shall be reduced accordingly, section 5941’’; have received during that period for the ap- as provided under section 5941(c)(2)(B) of (C) by striking ‘‘For purposes of such sec- plicable pay area if the limitation under sec- title 5, United States Code. tion,’’ and inserting ‘‘Except as provided tion 1094 of this Act did not apply. under paragraph (2), for purposes of section (d) CIVIL SERVICE RETIREMENT AND DIS- SEC. 1096. APPLICATION TO OTHER ELIGIBLE EM- 5941 of that title,’’; and ABILITY RETIREMENT FUND.— PLOYEES. (D) by adding at the end the following: (1) EMPLOYEE CONTRIBUTIONS.—A covered (a) IN GENERAL.— ‘‘(2) On and after the date of enactment of employee shall pay into the Civil Service Re- (1) DEFINITION.—In this subsection, the the Non-Foreign Area Retirement Equity As- tirement and Disability Retirement Fund— term ‘‘covered employee’’ means— surance Act of 2008— (A) an amount equal to the difference be- (A) any employee who— ‘‘(A) the provisions of that Act and section tween— (i) on— 5941 of title 5 shall apply to officers and em- (i) employee contributions that would have (I) the day before the date of enactment of ployees covered by section 1003(b) and (c) been deducted and withheld from pay under this Act— whose duty station is in a nonforeign area; section 8334 or 8422 of title 5, United States (aa) was eligible to be paid a cost-of-living and Code, during the period described under sub- allowance under 5941 of title 5, United States ‘‘(B) with respect to officers and employees section (c) of this section if that subsection Code; and of the Postal Service (other than those offi- had been in effect during that period; and (bb) was not eligible to be paid locality- cers and employees described under subpara- (ii) employee contributions that were actu- based comparability payments under 5304 or graph (A)) section 6(b)(2) of that Act shall ally deducted and withheld from pay under 5304a of that title; or apply.’’. section 8334 or 8422 of title 5, United States (II) or after the date of enactment of this (2) CONTINUATION OF COST OF LIVING ALLOW- Code, during that period; and Act becomes eligible to be paid a cost-of-liv- ANCE.— (B) interest as prescribed under section ing allowance under 5941 of title 5, United (A) IN GENERAL.—Notwithstanding any 8334(e) of title 5, United States Code, based States Code; and other provision of this title, any employee of on the amount determined under subpara- (ii) except as provided under paragraph (2), the Postal Service (other than an employee graph (A). is not covered under— covered by section 1003(b) and (c) of title 39, (2) AGENCY CONTRIBUTIONS.— (I) section 5941 of title 5, United States United States Code, whose duty station is in (A) IN GENERAL.—The employing agency of Code (as amended by section 1092 of this a nonforeign area) who is paid an allowance a covered employee shall pay into the Civil Act); and under section 1005(b) of that title shall be Service Retirement and Disability Retire- (II) section 1094 of this Act; or treated for all purposes as if the provisions ment Fund an amount for applicable agency (B) any employee who— of this title (including the amendments contributions based on payments made under (i) on the day before the date of enactment made by this title) had not been enacted, ex- paragraph (1). of this Act— cept that the cost-of-living allowance rate (B) SOURCE.—Amounts paid under this (I) was eligible to be paid an allowance paid to that employee— paragraph shall be contributed from the ap- under section 1603(b) of title 10, United (i) may result in the allowance exceeding propriation or fund used to pay the em- States Code; 25 percent of the rate of basic pay of that ployee. (II) was eligible to be paid an allowance employee; and (3) REGULATIONS.—The Office of Personnel under section 1005(b) of title 39, United (ii) shall be the greater of— Management may prescribe regulations to States Code; or (I) the cost-of-living allowance rate in ef- carry out this section. (III) was employed by the Transportation fect on December 31, 2008 for the applicable SEC. 1098. ELECTION OF COVERAGE BY EMPLOY- Security Administration of the Department area; or EES. of Homeland Security and was eligible to be (II) the applicable locality-based com- (a) IN GENERAL.—Notwithstanding any paid an allowance based on section 5941 of parability pay percentage under section 4. other provision of this title (other than sec- title 5, United States Code; or (B) RULE OF CONSTRUCTION.—Nothing in tion 1096(b)), an employee may make an ir- (ii) on or after the date of enactment of this title shall be construed to— revocable election in accordance with this this Act— (i) provide for an employee described under section, if— (I) becomes eligible to be paid an allowance subparagraph (A) to be a covered employee (1) that employee is paid an allowance under section 1603(b) of title 10, United as defined under subsection (a); or under section 5941 of title 5, United States States Code; (ii) authorize an employee described under Code, during a pay period in which the date (II) becomes eligible to be paid an allow- subparagraph (A) to file an election under of the enactment of this Act occurs; or ance under section 1005(b) of title 39, United section 1097 or 1098 of this Act. (2) that employee— States Code; or SEC. 1097. ELECTION OF ADDITIONAL BASIC PAY (A) is a covered employee as defined under (III) is employed by the Transportation Se- FOR ANNUITY COMPUTATION BY EM- section 6(a)(1); and curity Administration of the Department of PLOYEES. (B) during a pay period in which the date Homeland Security and becomes eligible to (a) DEFINITION.—In this section the term of the enactment of this Act occurs is paid be paid an allowance based on section 5941 of ‘‘covered employee’’ means any employee— an allowance— title 5, United States Code. (1) to whom section 1094 applies; (i) under section 1603(b) of title 10, United (2) who is separated from service by reason (2) APPLICATION TO COVERED EMPLOYEES.— States Code; of retirement under chapter 83 or 84 of title (A) IN GENERAL.—Notwithstanding any (ii) under section 1005(b) of title 39, United other provision of law, for purposes of this 5, United States Code, during the period of States Code; or title (including the amendments made by January 1, 2009, through December 31, 2011; (iii) based on section 5941 of title 5, United this title) any covered employee shall be and States Code. treated as an employee to whom section 5941 (3) who files and election with the Office of (b) FILING ELECTION.—Not later than 60 of title 5, United States Code (as amended by Personnel Management under subsection (b). days after the date of enactment of this Act, (b) ELECTION.— section 1092 of this Act), and section 1094 of an employee described under subsection (a) (1) IN GENERAL.—An employee described this Act apply. may file an election with the Office of Per- under subsection (a) (1) and (2) may file an (B) PAY FIXED BY STATUTE.—Pay to covered sonnel Management to be treated for all pur- election with the Office of Personnel Man- employees under section 5304 or 5304a of title poses— agement to be covered under this section. 5, United States Code, as a result of the ap- (1) in accordance with the provisions of (2) DEADLINE.—An election under this sub- plication of this title shall be considered to this title (including the amendments made section may be filed not later than December be fixed by statute. by this title); or 31, 2011. (C) PERFORMANCE APPRAISAL SYSTEM.— (2) as if the provisions of this title (includ- (c) COMPUTATION OF ANNUITY.— With respect to a covered employee who is ing the amendments made by this title) had (1) IN GENERAL.—Except as provided under not been enacted, except that the cost-of-liv- subject to a performance appraisal system no paragraph (2), for purposes of the computa- part of pay attributable to locality-based ing allowance rate paid to that employee tion of an annuity of a covered employee any shall be the cost-of-living allowance rate in comparability payments as a result of the cost-of-living allowance under section 5941 of application of this title including section effect on December 31, 2008, for that em- title 5, United States Code, paid to that em- ployee without any adjustment after that 5941 of title 5, United States Code (as amend- ployee during the first applicable pay period ed by section 1092 of this Act), may be re- date. beginning on or after January 1, 2009 through (c) FAILURE TO FILE.—Failure to make a duced on the basis of the performance of that the first applicable pay period ending on or timely election under this section shall be employee. after December 31, 2011, shall be considered treated in the same manner as an election (b) POSTAL EMPLOYEES IN NON-FOREIGN basic pay as defined under section 8331(3) or made under subsection (b)(1) on the last day AREAS.— 8401(4) of that title. authorized under that subsection. (1) IN GENERAL.—Section 1005(b) of title 39, (2) LIMITATION.—The amount of the cost-of- (d) NOTICE.—To the greatest extent prac- United States Code, is amended— living allowance which may be considered ticable, the Office of Personnel Management (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; basic pay under paragraph (1) may not ex- shall provide timely notice of the election

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.102 S11SEPT1 smartinez on PROD1PC64 with SENATE S8424 CONGRESSIONAL RECORD — SENATE September 11, 2008 which may be filed under this section to em- ‘‘(4) in the case of a fuel predominantly deported to European Axis nations during ployees described under subsection (a). produced from a nonconventional petroleum World War II, many to be exchanged for SEC. 1099. REGULATIONS. source, obtaining an alternative supply is Americans and Latin Americans held in (a) IN GENERAL.—The Director of the Office not practicable due to unavailability or sub- those nations. of Personnel Management shall prescribe stantial additional costs.’’. (4) Millions of European Americans served regulations to carry out this title, includ- in the armed forces and thousands sacrificed ing— SA 5450. Mrs. MCCASKILL (for her- their lives in defense of the United States. (1) rules for special rate employees de- self, Mr. KENNEDY, and Mr. ENZI) sub- (5) The wartime policies of the United scribed under section 3; mitted an amendment intended to be States Government were devastating to the (2) rules for adjusting rates of basic pay for proposed by him to the bill S. 3001, to Italian American and German American employees in pay systems administered by authorize appropriations for fiscal year communities, individuals, and their families. the Office of Personnel Management when The detrimental effects are still being expe- such employees are not entitled to locality- 2009 for military activities of the De- rienced. based comparability payments under section partment of Defense, for military con- (6) Prior to and during World War II, the 5304 of title 5, United States Code, without struction, and for defense activities of United States restricted the entry of Jewish regard to otherwise applicable statutory pay the Department of Energy, to prescribe refugees who were fleeing persecution or limitations during the transition period de- military personnel strengths for such genocide and sought safety in the United scribed in section 1094 ending on the first day fiscal year, and for other purposes; States. During the 1930’s and 1940’s, the of the first pay period beginning on or after which was ordered to lie on the table; quota system, immigration regulations, visa January 1, 2011; and as follows: requirements, and the time required to proc- (3) rules governing establishment and ad- ess visa applications affected the number of justment of saved or retained rates for any At the end of subtitle G of title X, add the Jewish refugees, particularly those from employee whose rate of pay exceeds applica- following: Germany and Austria, who could gain admit- ble pay limitations on the first day of the SEC. 1083. INDEPENDENT STUDENT. tance to the United States. first pay period beginning on or after Janu- (a) AMENDMENT.—Section 480(d)(1)(D) of the (7) The United States Government should ary 1, 2011. Higher Education Act of 1965 (as amended by conduct an independent review to fully as- (b) OTHER PAY SYSTEMS.—With the concur- Public Law 110–84) (20 U.S.C. 1087vv(d)(1)(D)) sess and acknowledge these actions. Con- rence of the Director of the Office of Per- is amended— gress has previously reviewed the United sonnel Management, the administrator of a (1) by striking ‘‘(c)(1)) or is’’ and inserting States Government’s wartime treatment of pay system not administered by the Office of ‘‘(c)(1)), is’’; and Japanese Americans through the Commis- Personnel Management shall prescribe regu- (2) by inserting ‘‘, or is a current active sion on Wartime Relocation and Internment lations to carry out this title with respect to member of the National Guard or Reserve of Civilians. An independent review of the employees in such pay system, consistent who has completed initial military training’’ treatment of German Americans and Italian with the regulations issued by the Office after ‘‘purposes’’. Americans and of Jewish refugees fleeing under subsection (a). (b) EFFECTIVE DATE.—The amendments persecution and genocide has not yet been SEC. 1099a. EFFECTIVE DATES. made by subsection (a) shall be effective on undertaken. (a) IN GENERAL.—Except as provided by July 1, 2009. (8) Time is of the essence for the establish- subsection (b), this title (including the ment of commissions, because of the increas- amendments made by this title) shall take SA 5451. Mr. FEINGOLD (for himself ing danger of destruction and loss of relevant effect on the date of enactment of this Act. and Mr. GRASSLEY) submitted an documents, the advanced age of potential (b) LOCALITY PAY AND SCHEDULE.—The witnesses and, most importantly, the ad- amendments made by section 1092 and the amendment intended to be proposed by vanced age of those affected by the United provisions of section 1094 shall take effect on him to the bill S. 3001, to authorize ap- States Government’s policies. Many who suf- the first day of the first applicable pay pe- propriations for fiscal year 2009 for fered have already passed away and will riod beginning on or after January 1, 2009. military activities of the Department never know of this effort. of Defense, for military construction, SA 5449. Mr. BINGAMAN submitted SEC. 1703. DEFINITIONS. and for defense activities of the De- In this title: an amendment intended to be proposed partment of Energy, to prescribe mili- by him to the bill S. 3001, to authorize (1) DURING WORLD WAR II.—The term ‘‘dur- tary personnel strengths for such fiscal ing World War II’’ refers to the period be- appropriations for fiscal year 2009 for year, and for other purposes; which was tween September 1, 1939, through December military activities of the Department ordered to lie on the table; as follows: 31, 1948. of Defense, for military construction, At the end of division A, add the following: (2) EUROPEAN AMERICANS.— and for defense activities of the De- (A) IN GENERAL.—The term ‘‘European partment of Energy, to prescribe mili- TITLE XVII—COMMISSIONS ON TREAT- Americans’’ refers to United States citizens tary personnel strengths for such fiscal MENT OF EUROPEAN AMERICANS, EU- and resident aliens of European ancestry, in- ROPEAN LATIN AMERICANS, AND JEW- cluding Italian Americans, German Ameri- year, and for other purposes; which was ISH REFUGEES DURING WORLD WAR II ordered to lie on the table; as follows: cans, Hungarian Americans, Romanian SEC. 1701. SHORT TITLE. Americans, and Bulgarian Americans. At the end of subtitle E of title III, add the This title may be cited as the ‘‘Wartime (B) ITALIAN AMERICANS.—The term ‘‘Italian following: Treatment Study Act’’. Americans’’ refers to United States citizens SEC. 344. EXCEPTION TO ALTERNATIVE FUEL and resident aliens of Italian ancestry. PROCUREMENT REQUIREMENT. SEC. 1702. FINDINGS. Section 526 of the Energy Independence Congress makes the following findings: (C) GERMAN AMERICANS.—The term ‘‘Ger- and Security Act of 2007 (42 U.S.C. 17142) is (1) During World War II, the United States man Americans’’ refers to United States citi- amended— Government deemed as ‘‘enemy aliens’’ more zens and resident aliens of German ancestry. (1) by striking ‘‘No Federal agency’’ and than 600,000 Italian-born and 300,000 German- (3) EUROPEAN LATIN AMERICANS.—The term inserting the following: born United States resident aliens and their ‘‘European Latin Americans’’ refers to per- ‘‘(a) REQUIREMENT.—Except as provided in families and required them to carry Certifi- sons of European ancestry, including Italian subsection (b), no Federal agency’’; and cates of Identification and limited their or German ancestry, residing in a Latin (2) by adding at the end the following: travel and personal property rights. At that American nation during World War II. ‘‘(b) EXCEPTION.—Subsection (a) shall not time, these groups were the 2 largest foreign- (4) LATIN AMERICAN NATION.—The term prohibit a Federal agency from entering into born groups in the United States. ‘‘Latin American nation’’ refers to any na- a contract to purchase a generally available (2) During World War II, the United States tion in Central America, South America, or fuel that is produced in whole or in part from Government arrested, interned, or otherwise the Carribean. a nonconventional petroleum source, if— detained thousands of European Americans, Subtitle A—Commission on Wartime ‘‘(1) the contract does not specifically re- some remaining in custody for years after Treatment of European Americans quire the contractor to provide a fuel from a cessation of World War II hostilities, and re- SEC. 1711. ESTABLISHMENT OF COMMISSION ON nonconventional petroleum source; patriated, exchanged, or deported European WARTIME TREATMENT OF EURO- ‘‘(2) the purpose of the contract is not to Americans, including American-born chil- PEAN AMERICANS. obtain a fuel from a nonconventional petro- dren, to European Axis nations, many to be (a) IN GENERAL.—There is established the leum source; exchanged for Americans held in those na- Commission on Wartime Treatment of Euro- ‘‘(3) the contract does not provide incen- tions. pean Americans (referred to in this subtitle tives (excluding compensation at market (3) Pursuant to a policy coordinated by the as the ‘‘European American Commission’’). prices for the purchase of fuel purchased) for United States with Latin American nations, (b) MEMBERSHIP.—The European American a refinery upgrade or expansion to allow a many European Latin Americans, including Commission shall be composed of 7 members, refinery to use or increase the use by the re- German and Austrian Jews, were arrested, who shall be appointed not later than 90 days finery of fuel from a nonconventional petro- brought to the United States, and interned. after the date of the enactment of this Act leum source; and Many were later expatriated, repatriated, or as follows:

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.102 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8425 (1) Three members shall be appointed by ernment pursuant to such law, proclama- strumentality, or other authority of the ex- the President. tions, or executive orders, including registra- ecutive branch of the Government, available (2) Two members shall be appointed by the tion requirements, travel and property re- information that the European American Speaker of the House of Representatives, in strictions, establishment of restricted areas, Commission considers useful in the dis- consultation with the minority leader. raids, arrests, internment, exclusion, poli- charge of its duties. All departments, agen- (3) Two members shall be appointed by the cies relating to the families and property cies, and independent instrumentalities, or majority leader of the Senate, in consulta- that excludees and internees were forced to other authorities of the executive branch of tion with the minority leader. abandon, internee employment by American the Government shall cooperate with the Eu- (c) TERMS.—The term of office for members companies (including a list of such compa- ropean American Commission and furnish all shall be for the life of the European Amer- nies and the terms and type of employment), information requested by the European ican Commission. A vacancy in the European exchange, repatriation, and deportation, and American Commission to the extent per- American Commission shall not affect its the immediate and long-term effect of such mitted by law, including information col- powers, and shall be filled in the same man- actions, particularly internment, on the lected under the Commission on Wartime ner in which the original appointment was lives of those affected. This review shall in- and Internment of Civilians Act (Public Law made. clude a list of— 96–317; 50 U.S.C. App. 1981 note) and the War- (d) REPRESENTATION.—The European Amer- (A) all temporary detention and long-term time Violation of Italian Americans Civil ican Commission shall include 2 members internment facilities in the United States Liberties Act (Public Law 106–451; 50 U.S.C. representing the interests of Italian Ameri- and Latin American nations that were used App. 1981 note). For purposes of section cans and 2 members representing the inter- to detain or intern European Americans and 552a(b)(9) of title 5, United States Code (com- ests of German Americans. European Latin Americans during World War monly known as the ‘‘Privacy Act of 1974’’), (e) MEETINGS.—The President shall call the II (in this paragraph referred to as ‘‘World the European American Commission shall be first meeting of the European American War II detention facilities’’); deemed to be a committee of jurisdiction. Commission not later than 120 days after the (B) the names of European Americans and SEC. 1714. ADMINISTRATIVE PROVISIONS. date of the enactment of this Act. European Latin Americans who died while in The European American Commission is au- (f) QUORUM.—Four members of the Euro- World War II detention facilities and where thorized to— pean American Commission shall constitute they were buried; (1) appoint and fix the compensation of a quorum, but a lesser number may hold (C) the names of children of European such personnel as may be necessary, without hearings. Americans and European Latin Americans regard to the provisions of title 5, United (g) CHAIRMAN.—The European American who were born in World War II detention fa- Commission shall elect a Chairman and Vice States Code, governing appointments in the cilities and where they were born; and Chairman from among its members. The competitive service, and without regard to (D) the nations from which European Latin term of office of each shall be for the life of the provisions of chapter 51 and subchapter Americans were brought to the United the European American Commission. III of chapter 53 of such title relating to clas- States, the ships that transported them to (h) COMPENSATION.— sification and General Schedule pay rates, the United States and their departure and (1) IN GENERAL.—Members of the European except that the compensation of any em- American Commission shall serve without disembarkation ports, the locations where ployee of the Commission may not exceed a pay. European Americans and European Latin rate equivalent to the rate payable under Americans were exchanged for persons held (2) REIMBURSEMENT OF EXPENSES.—All GS–15 of the General Schedule under section members of the European American Commis- in European Axis nations, and the ships that 5332 of such title; sion shall be reimbursed for reasonable trav- transported them to Europe and their depar- (2) obtain the services of experts and con- el and subsistence, and other reasonable and ture and disembarkation ports. sultants in accordance with the provisions of necessary expenses incurred by them in the (3) A brief review of the participation by section 3109 of such title; performance of their duties. European Americans in the United States (3) obtain the detail of any Federal Govern- Armed Forces including the participation of SEC. 1712. DUTIES OF THE EUROPEAN AMERICAN ment employee, and such detail shall be COMMISSION. European Americans whose families were ex- without reimbursement or interruption or (a) IN GENERAL.—It shall be the duty of the cluded, interned, repatriated, or exchanged. loss of civil service status or privilege; European American Commission to review (4) A recommendation of appropriate rem- (4) enter into agreements with the Admin- the United States Government’s wartime edies, including how civil liberties can be istrator of General Services for procurement treatment of European Americans and Euro- protected during war, or an actual, at- of necessary financial and administrative pean Latin Americans as provided in sub- tempted, or threatened invasion or incur- services, for which payment shall be made by section (b). sion, an assessment of the continued viabil- reimbursement from funds of the Commis- (b) SCOPE OF REVIEW.—The European ity of the Alien Enemies Acts (50 U.S.C. 21 et sion in such amounts as may be agreed upon American Commission’s review shall include seq.), and public education programs related by the Chairman of the Commission and the the following: to the United States Government’s wartime Administrator; (1) A comprehensive review of the facts and treatment of European Americans and Euro- (5) procure supplies, services, and property circumstances surrounding United States pean Latin Americans during World War II. by contract in accordance with applicable Government actions during World War II (c) FIELD HEARINGS.—The European Amer- laws and regulations and to the extent or in with respect to European Americans and Eu- ican Commission shall hold public hearings such amounts as are provided in appropria- ropean Latin Americans pursuant to the in such cities of the United States as it tion Acts; and Alien Enemies Acts (50 U.S.C. 21 et seq.), deems appropriate. (6) enter into contracts with Federal or (d) REPORT.—The European American Com- Presidential Proclamations 2526, 2527, 2655, State agencies, private firms, institutions, mission shall submit a written report of its 2662, and 2685, Executive Orders 9066 and 9095, and agencies for the conduct of research or findings and recommendations to Congress surveys, the preparation of reports, and and any directive of the United States Gov- not later than 18 months after the date of ernment pursuant to such law, proclama- other activities necessary to the discharge of the first meeting called pursuant to section the duties of the Commission, to the extent tions, or executive orders respecting the reg- 101(e). istration, arrest, exclusion, internment, ex- or in such amounts as are provided in appro- SEC. 1713. POWERS OF THE EUROPEAN AMER- priation Acts. change, or deportation of European Ameri- ICAN COMMISSION. SEC. 1715. FUNDING. cans and European Latin Americans. This re- (a) IN GENERAL.—The European American view shall include an assessment of the un- Commission or, on the authorization of the Of the amounts authorized to be appro- derlying rationale of the United States Gov- Commission, any subcommittee or member priated to the Department of Justice, ernment’s decision to develop related pro- thereof, may, for the purpose of carrying out $600,000 shall be available to carry out this grams and policies, the information the the provisions of this subtitle, hold such subtitle. United States Government received or ac- hearings and sit and act at such times and SEC. 1716. SUNSET. quired suggesting the related programs and places, and request the attendance and testi- The European American Commission shall policies were necessary, the perceived ben- mony of such witnesses and the production terminate 60 days after it submits its report efit of enacting such programs and policies, of such books, records, correspondence, to Congress. and the immediate and long-term impact of memorandum, papers, and documents as the Subtitle B—Commission on Wartime such programs and policies on European Commission or such subcommittee or mem- Treatment of Jewish Refugees Americans and European Latin Americans ber may deem advisable. The European SEC. 1721. ESTABLISHMENT OF COMMISSION ON and their communities. American Commission may request the At- WARTIME TREATMENT OF JEWISH (2) A comprehensive review of United torney General to invoke the aid of an appro- REFUGEES. States Government action during World War priate United States district court to re- (a) IN GENERAL.—There is established the II with respect to European Americans and quire, by subpoena or otherwise, such at- Commission on Wartime Treatment of Jew- European Latin Americans pursuant to the tendance, testimony, or production. ish Refugees (referred to in this subtitle as Alien Enemies Acts (50 U.S.C. 21 et seq.), (b) GOVERNMENT INFORMATION AND CO- the ‘‘Jewish Refugee Commission’’). Presidential Proclamations 2526, 2527, 2655, OPERATION.—The European American Com- (b) MEMBERSHIP.—The Jewish Refugee 2662, and 2685, Executive Orders 9066 and 9095, mission may acquire directly from the head Commission shall be composed of 7 members, and any directive of the United States Gov- of any department, agency, independent in- who shall be appointed not later than 90 days

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.098 S11SEPT1 smartinez on PROD1PC64 with SENATE S8426 CONGRESSIONAL RECORD — SENATE September 11, 2008 after the date of the enactment of this Act thereof, may, for the purpose of carrying out $600,000 shall be available to carry out this as follows: the provisions of this subtitle, hold such subtitle. (1) Three members shall be appointed by hearings and sit and act at such times and SEC. 1726. SUNSET. the President. places, and request the attendance and testi- The Jewish Refugee Commission shall ter- (2) Two members shall be appointed by the mony of such witnesses and the production minate 60 days after it submits its report to Speaker of the House of Representatives, in of such books, records, correspondence, Congress. consultation with the minority leader. memorandum, papers, and documents as the (3) Two members shall be appointed by the Commission or such subcommittee or mem- SA 5452. Mr. LEVIN (for himself, and majority leader of the Senate, in consulta- ber may deem advisable. The Jewish Refugee Mr. WARNER) submitted an amendment tion with the minority leader. Commission may request the Attorney Gen- intended to be proposed by him to the (c) TERMS.—The term of office for members eral to invoke the aid of an appropriate bill S. 3001, to authorize appropriations shall be for the life of the Jewish Refugee United States district court to require, by Commission. A vacancy in the Jewish Ref- subpoena or otherwise, such attendance, tes- for fiscal year 2009 for military activi- ugee Commission shall not affect its powers, timony, or production. ties of the Department of Defense, for and shall be filled in the same manner in (b) GOVERNMENT INFORMATION AND CO- military construction, and for defense which the original appointment was made. OPERATION.—The Jewish Refugee Commis- activities of the Department of Energy, (d) REPRESENTATION.—The Jewish Refugee sion may acquire directly from the head of to prescribe military personnel Commission shall include 2 members rep- any department, agency, independent instru- strengths for such fiscal year, and for resenting the interests of Jewish refugees. mentality, or other authority of the execu- other purposes; which was ordered to (e) MEETINGS.—The President shall call the tive branch of the Government, available in- lie on the table; as follows: first meeting of the Jewish Refugee Commis- formation that the Jewish Refugee Commis- sion not later than 120 days after the date of sion considers useful in the discharge of its On page 342, between lines 10 and 11, insert the enactment of this Act. duties. All departments, agencies, and inde- the following: (f) QUORUM.—Four members of the Jewish pendent instrumentalities, or other authori- SEC. 1208. EXPANSION AND EXTENSION OF AU- Refugee Commission shall constitute a ties of the executive branch of the Govern- THORITY TO PROVIDE ADDITIONAL quorum, but a lesser number may hold hear- ment shall cooperate with the Jewish Ref- SUPPORT FOR COUNTER-DRUG AC- TIVITIES OF CERTAIN FOREIGN GOV- ings. ugee Commission and furnish all information ERNMENTS. requested by the Jewish Refugee Commission (g) CHAIRMAN.—The Jewish Refugee Com- (a) EXTENSION OF AUTHORITY.—Paragraph mission shall elect a Chairman and Vice to the extent permitted by law, including in- (2) of subsection (a) of section 1033 of the Na- Chairman from among its members. The formation collected as a result of the Com- tional Defense Authorization Act for Fiscal term of office of each shall be for the life of mission on Wartime and Internment of Civil- Year 1998 (Public Law 105–85; 111 Stat. 1881), the Jewish Refugee Commission. ians Act (Public Law 96–317; 50 U.S.C. App. as amended by section 1021 of the National (h) COMPENSATION.— 1981 note) and the Wartime Violation of Defense Authorization Act for Fiscal Year (1) IN GENERAL.—Members of the Jewish Italian Americans Civil Liberties Act (Public 2004 (Public Law 108–136; 117 Stat. 1593) and Refugee Commission shall serve without pay. Law 106–451; 50 U.S.C. App. 1981 note). For section 1022 of the John Warner National De- (2) REIMBURSEMENT OF EXPENSES.—All purposes of section 552a(b)(9) of title 5, fense Authorization Act for Fiscal Year 2007 members of the Jewish Refugee Commission United States Code (commonly known as the (Public Law 109–364; 120 Stat. 2382), is amend- shall be reimbursed for reasonable travel and ‘‘Privacy Act of 1974’’), the Jewish Refugee ed by striking ‘‘September 30, 2008’’ and in- subsistence, and other reasonable and nec- Commission shall be deemed to be a com- serting ‘‘September 30, 2010’’. essary expenses incurred by them in the per- mittee of jurisdiction. (b) ADDITIONAL GOVERNMENTS ELIGIBLE TO formance of their duties. SEC. 1724. ADMINISTRATIVE PROVISIONS. RECEIVE SUPPORT.—Subsection (b) of such SEC. 1722. DUTIES OF THE JEWISH REFUGEE The Jewish Refugee Commission is author- section 1033 is amended by adding at the end COMMISSION. ized to— the following new paragraphs: (a) IN GENERAL.—It shall be the duty of the (1) appoint and fix the compensation of ‘‘(19) The Government of El Salvador. Jewish Refugee Commission to review the such personnel as may be necessary, without ‘‘(20) The Government of Nicaragua. United States Government’s refusal to allow regard to the provisions of title 5, United ‘‘(21) The Government of Honduras.’’. Jewish and other refugees fleeing persecu- States Code, governing appointments in the (c) MAXIMUM ANNUAL AMOUNTS OF SUP- tion or genocide in Europe entry to the competitive service, and without regard to PORT.—Subsection (e)(2) of such section is United States as provided in subsection (b). the provisions of chapter 51 and subchapter amended— (b) SCOPE OF REVIEW.—The Jewish Refugee III of chapter 53 of such title relating to clas- (1) by striking ‘‘or’’ after ‘‘2006’’; and Commission’s review shall cover the period sification and General Schedule pay rates, (2) by inserting before the period at the end between January 1, 1933, through December except that the compensation of any em- the following: ‘‘, or $75,000,000 during either 31, 1945, and shall include, to the greatest ex- ployee of the Commission may not exceed a of the fiscal years 2009 and 2010’’. tent practicable, the following: rate equivalent to the rate payable under (1) A review of the United States Govern- GS–15 of the General Schedule under section SA 5453. Mr. SPECTER (for himself, ment’s decision to deny Jewish and other 5332 of such title; and Mr. KOHL) submitted an amend- refugees fleeing persecution or genocide (2) obtain the services of experts and con- ment intended to be proposed by him entry to the United States, including a re- sultants in accordance with the provisions of to the bill S. 3001, to authorize appro- view of the underlying rationale of the section 3109 of such title; United States Government’s decision to (3) obtain the detail of any Federal Govern- priations for fiscal year 2009 for mili- refuse the Jewish and other refugees entry, ment employee, and such detail shall be tary activities of the Department of the information the United States Govern- without reimbursement or interruption or Defense, for military construction, and ment received or acquired suggesting such loss of civil service status or privilege; for defense activities of the Depart- refusal was necessary, the perceived benefit (4) enter into agreements with the Admin- ment of Energy, to prescribe military of such refusal, and the impact of such re- istrator of General Services for procurement personnel strengths for such fiscal fusal on the refugees. of necessary financial and administrative year, and for other purposes; which was (2) A review of Federal refugee law and pol- services, for which payment shall be made by ordered to lie on the table; as follows: icy relating to those fleeing persecution or reimbursement from funds of the Commis- genocide, including recommendations for sion in such amounts as may be agreed upon At the end of the bill, insert the following: making it easier in the future for victims of by the Chairman of the Commission and the TITLE—NO OIL PRODUCING AND persecution or genocide to obtain refuge in Administrator; EXPORTING CARTELS ACT OF 2008 the United States. (5) procure supplies, services, and property SEC. ll. NO OIL PRODUCING AND EXPORTING (c) FIELD HEARINGS.—The Jewish Refugee by contract in accordance with applicable CARTELS ACT OF 2008. Commission shall hold public hearings in laws and regulations and to the extent or in (a) SHORT TITLE.—This section may be such cities of the United States as it deems such amounts as are provided in appropria- cited as the ‘‘No Oil Producing and Export- appropriate. tion Acts; and ing Cartels Act of 2008’’ or ‘‘NOPEC’’. (d) REPORT.—The Jewish Refugee Commis- (6) enter into contracts with Federal or (b) SHERMAN ACT.—The Sherman Act (15 sion shall submit a written report of its find- State agencies, private firms, institutions, U.S.C. 1 et seq.) is amended by adding after ings and recommendations to Congress not and agencies for the conduct of research or section 7 the following: later than 18 months after the date of the surveys, the preparation of reports, and ‘‘SEC. 7A. OIL PRODUCING CARTELS. first meeting called pursuant to section other activities necessary to the discharge of ‘‘(a) IN GENERAL.—It shall be illegal and a 1721(e). the duties of the Commission, to the extent violation of this Act for any foreign state, or SEC. 1723. POWERS OF THE JEWISH REFUGEE or in such amounts as are provided in appro- any instrumentality or agent of any foreign COMMISSION. priation Acts. state, to act collectively or in combination (a) IN GENERAL.—The Jewish Refugee Com- SEC. 1725. FUNDING. with any other foreign state, any instrumen- mission or, on the authorization of the Com- Of the amounts authorized to be appro- tality or agent of any other foreign state, or mission, any subcommittee or member priated to the Department of Justice, any other person, whether by cartel or any

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.098 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8427 other association or form of cooperation or ‘‘(2) has received a final order of removal ‘‘(A) the country is in full compliance with joint action— under chapter 4 of title II of the Immigration section 137(d) of such Act; or ‘‘(1) to limit the production or distribution and Nationality Act (8 U.S.C. 1221 et seq.). ‘‘(B) Congress passes a joint resolution pro- of oil, natural gas, or any other petroleum ‘‘(b) DEFINED TERM.—In this section and in viding for the waiver of this subsection with product; section 243(d) of the Immigration and Na- respect to such country. ‘‘(2) to set or maintain the price of oil, nat- tionality Act (8 U.S.C. 1253(d)), a country is ‘‘(2) EFFECT OF UNAUTHORIZED ISSUANCE.— ural gas, or any petroleum product; or deemed to have refused or unreasonable de- Any visa issued in violation of this para- ‘‘(3) to otherwise take any action in re- layed the acceptance of an alien who is a cit- graph shall be null and void. straint of trade for oil, natural gas, or any izen, subject, national, or resident if the ‘‘(3) WAIVER.— petroleum product; country does not accept the alien within 90 ‘‘(A) REQUEST.—The President or a member days after receiving a request to repatriate when such action, combination, or collective of the President’s cabinet who has been des- such alien from an official of the United action has a direct, substantial, and reason- ignated by the President, may submit a writ- States who is authorized to make such a re- ten request to Congress that this subsection ably foreseeable effect on the market, sup- quest. ply, price, or distribution of oil, natural gas, be waived, wholly or in part, with respect to ‘‘(c) QUARTERLY REPORTS.—Not later than any country. or other petroleum product in the United 90 days after the date of the enactment of States. ‘‘(B) RESOLUTION OF APPROVAL.—Not later this section, and every 3 months thereafter, than 7 legislative days after the receipt of a ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state the Secretary of Homeland Security shall engaged in conduct in violation of subsection request described in subparagraph (A), the submit a report to the Senate and to the Senate and the House of Representatives (a) shall not be immune under the doctrine House of Representatives that— of sovereign immunity from the jurisdiction shall vote on a joint resolution authorizing ‘‘(1) lists all the countries which refuse or the waiver request. or judgments of the courts of the United unreasonably delay repatriation (as defined States in any action brought to enforce this ‘‘(C) EFFECT OF FAILURE TO VOTE.—If the in subsection (b)); and Senate or the House of Representatives fails section. ‘‘(2) includes the total number of aliens ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- to vote on the joint resolution described in who were refused repatriation, organized subparagraph (B), the waiver request is effec- TRINE.—No court of the United States shall by— decline, based on the act of state doctrine, to tively denied. ‘‘(A) country; ‘‘(4) STANDING.—A victim or an immediate make a determination on the merits in an ‘‘(B) detention status; and action brought under this section. family member of a victim of a crime com- ‘‘(C) criminal status. mitted by any alien described in section ‘‘(d) ENFORCEMENT.—The Attorney General SSUANCE OF TRAVEL DOCUMENTS.—Any ‘‘(d) I 137(a) of the Foreign Assistance Act of 1961 of the United States may bring an action to country that is listed in a report submitted after such alien has been issued a final order enforce this section in any district court of under subsection (c) shall be subject to the of removal shall have standing to sue in any the United States as provided under the anti- sanctions described in subsection (a) and in Federal district court to enforce the provi- trust laws.’’. section 243(d) of the Immigration and Na- sions of this subsection. No attorney’s fees (c) SOVEREIGN IMMUNITY.—Section 1605(a) tionality Act unless the country issues ap- or monetary judgments may be awarded in a of title 28, United States Code, is amended— propriate travel documents— suit filed under this subsection.’’. (1) in paragraph (6), by striking ‘‘or’’ after ‘‘(1) not later than 100 days after the sub- the semicolon; mission of such report on behalf of all aliens SA 5455. Mr. BAYH submitted an (2) in paragraph (7), by striking the period described in subsection (a) who have been amendment intended to be proposed by and inserting ‘‘; or’’; and convicted of a crime committed while in the (3) by adding at the end the following: United States; and him to the bill S. 3001, to authorize ap- ‘‘(8) in which the action is brought under ‘‘(2) not later than 200 days after the sub- propriations for fiscal year 2009 for section 7A of the Sherman Act.’’. mission of such report on behalf of all other military activities of the Department aliens described in subsection (a). of Defense, for military construction, SA 5454. Mr. SPECTER (for himself, ‘‘(e) WAIVER.— and for defense activities of the De- Mr. DEMINT, Mr. SESSIONS, and Mr. ‘‘(1) REQUEST.—The President or a member partment of Energy, to prescribe mili- COBURN) submitted an amendment in- of the President’s cabinet who has been des- tary personnel strengths for such fiscal tended to be proposed by him to the ignated by the President, may submit a writ- year, and for other purposes; which was bill S. 3001, to authorize appropriations ten request to Congress that this section be ordered to lie on the table; as follows: waived, wholly or in part, with respect to for fiscal year 2009 for military activi- any country. At the end of subtitle G of title X, add the following: ties of the Department of Defense, for ‘‘(2) RESOLUTION OF APPROVAL.—Not later military construction, and for defense than 7 legislative days after the receipt of a SEC. 1083. OIL SAVINGS. activities of the Department of Energy, waiver request under paragraph (1), the Sen- (a) FINDINGS.—Congress finds that— to prescribe military personnel ate and the House of Representatives shall (1) the United States imports more oil from the Middle East today than before the strengths for such fiscal year, and for vote on a joint resolution authorizing the waiver request. attacks on the United States on September other purposes; which was ordered to 11, 2001; lie on the table; as follows: ‘‘(3) EFFECT OF FAILURE TO VOTE.—If the Senate or the House of Representatives fails (2) the United States remains the most oil- At the appropriate place, insert the fol- to vote on the joint resolution described in dependent industrialized nation in the world, lowing: paragraph (2) before the end of the time pe- consuming approximately 25 percent of the SEC. ll. IMMIGRANT REPATRIATION. riod specified in paragraph (2), the waiver re- oil supply of the world; (a) SHORT TITLE.—This section may be quest is effectively denied. (3) the Department of Defense is the larg- cited as the ‘‘Accountability in Immigrant ‘‘(f) STANDING.—A victim or an immediate est consumer of oil in the United States; Repatriation Act’’. family member of a victim of a crime com- (4) the ongoing dependence of the United (b) PROHIBITION ON FEDERAL FINANCIAL AS- mitted by any alien described in subsection States on foreign oil is one of the greatest SISTANCE TO COUNTRIES THAT DENY OR UN- (a) after such alien has been issued a final threats to the national security and econ- REASONABLY DELAY THE ACCEPTANCE OF NA- order of removal shall have standing to sue omy of the United States; and TIONALS WHO HAVE BEEN ORDERED REMOVED in any Federal district court to enforce the (5) the United States needs to take trans- FROM THE UNITED STATES.—Chapter 1 of part provisions of this section and the provisions formative steps to wean itself from its addic- I of the Foreign Assistance Act of 1961 (22 of section 243(d) of the Immigration and Na- tion to oil. U.S.C. 2151 et seq.) is amended— tionality Act. No attorney’s fees or mone- (b) POLICY ON REDUCING OIL DEPENDENCE.— (1) by redesignating section 135, as added tary judgments may be awarded in a suit It is the policy of the United States to re- by section 5(a) of Public Law 109–121, as sec- filed under this subsection.’’. duce the dependence of the United States on tion 136; and (c) DISCONTINUING GRANTING VISAS TO NA- oil, and thereby— (2) by adding at the end the following: TIONALS OF COUNTRY DENYING OR DELAYING (1) alleviate the strategic dependence of CCEPTING LIENS the United States on oil-producing countries; ‘‘SEC. 137. PROHIBITION ON FEDERAL FINANCIAL A A .—Section 243(d) of the Im- ASSISTANCE TO COUNTRIES THAT migration and Nationality Act (8 U.S.C. (2) reduce the economic vulnerability of DENY OR UNREASONABLY DELAY 1253(d)) is amended to read as follows: the United States; and THE REPATRIATION OF NATIONALS ‘‘(d) DISCONTINUING GRANTING VISAS TO NA- (3) reduce the greenhouse gas emissions as- WHO HAVE BEEN ORDERED RE- TIONALS OF COUNTRY DENYING OR DELAYING sociated with oil use. MOVED FROM THE UNITED STATES. ACCEPTING ALIENS.— (c) OIL SAVINGS REPORT.— ‘‘(a) IN GENERAL.—Except as otherwise pro- ‘‘(1) IN GENERAL.—If a country is listed on (1) IN GENERAL.—Not later than 270 days vided under this section, funds made avail- the most recent report submitted by the Sec- after the date of enactment of this Act and able under this Act may not be dispersed to retary of Homeland Security to Congress every 3 years thereafter, the Secretary of De- a foreign country that refuses or unreason- under section 137(c) of the Foreign Assist- fense shall submit to Congress a report on ably delays the acceptance of an alien who— ance Act of 1961, the Secretary may not issue options for agency action that, when taken ‘‘(1) is a citizen, subject, national, or resi- a visa to a subject, national, or resident of together, would save from the baseline deter- dent of such country; and such country unless— mined under paragraph (4)—

VerDate Aug 31 2005 05:46 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.095 S11SEPT1 smartinez on PROD1PC64 with SENATE S8428 CONGRESSIONAL RECORD — SENATE September 11, 2008 (A) 8 percent of the oil consumed by the energy, or biomass energy projects) on mili- related medical personal property and equip- Department of Defense per day on average tary training, operations, activities, or read- ment, located in Great Lakes, Illinois. during calendar year 2016; iness. (2) DESIGNATION OF JOINT USE FACILITY.— (B) 35 percent of the oil consumed by the (2) MEMBERS.—The advisory committee The facility and supporting facilities subject Department of Defense per day on average shall be composed of such individuals as the to joint use under the agreement and trans- during calendar year 2026; and Secretary shall designate for purposes of this fer under this subsection shall be designated (C) 50 percent of the oil consumed by the section, including individuals with an exper- as known as the ‘‘Captain James A. Lovell Department of Defense per day on average tise in each of the energy technologies and Federal Health Care Center’’. during calendar year 2030. their interaction with military training, op- (b) REVERSION.— (2) CONTENTS.—Each report shall— eration, activities and readiness. (1) IN GENERAL.—If any of the real and re- (A) include a description of the advantages (b) DEVELOPMENT OF RECOMMENDATIONS.— lated personal property transferred pursuant and disadvantages (including implications (1) IN GENERAL.—Not later than 90 days to subsection (a) is subsequently used for for national security) for each option; and after the date of the establishment of the ad- purposes other than the purposes specified in (B) not include options for an alternative visory committee required under subsection the joint use specified in the resource-shar- or synthetic fuel if the lifecycle greenhouse (a), the advisory committee shall develop ing agreement described in that subsection gas emissions associated with the production and submit to the Secretary such rec- or otherwise determined by the Secretary of and combustion of the fuel is greater than ommendations as the advisory committee Veterans Affairs to be excess to the needs of the emissions from the equivalent quantity considers appropriate under that subsection. the Department of Veterans Affairs, the Sec- of conventional fuel produced from conven- (2) CONSULTATION.—In developing rec- retary of Veterans Affairs shall offer to tional petroleum sources. ommendations under paragraph (1), the advi- transfer such property, without reimburse- (3) ADDITIONAL LEGISLATIVE AUTHORITY.— sory committee shall consult with such tech- ment, to the Secretary of Defense. Any such Each report may include a request to Con- nical experts, interested parties, representa- transfer shall be completed not later than gress for any additional legislative authority tives of energy industries, other Federal one year after the acceptance of the offer of that is necessary to implement any rec- agencies, and members of the public as the transfer. ommendations made in the report. advisory committee considers appropriate. (2) REVERSION IN EVENT OF LACK OF FACILI- TIES INTEGRATION.— (4) BASELINE.—In performing the analyses (c) DESIGNATION OF OFFICIAL.—Not later required for the report, the Secretary of De- than 90 days after the receipt under sub- (A) WITHIN INITIAL PERIOD.—During the 5- fense (in consultation with the Energy Infor- section (b) of the recommendations required year period beginning on the date of the transfer of the real and related personal mation Administration) shall— under that subsection, the Secretary shall property described in subsection (a), if the (A) determine oil savings as the projected assign to an official within the Department Secretary of Veterans Affairs and the Sec- reduction in oil consumption from baseline of Defense the responsibility for advising of- retary of Defense jointly determine that the consumption by the Department of Defense ficials of the Department, agencies of the integration of the facilities described in that as established by the reference case con- Federal government and State governments, subsection should not continue, the real and tained in the report of the Energy Informa- and private sector entities on steps that related personal property of the Navy ambu- tion Administration entitled ‘‘Annual En- should be taken to mitigate any adverse im- latory care center, parking structure, and ergy Outlook 2008’’; pacts of energy technologies or projects on support facilities described in that sub- (B) determine the oil savings projections military training, operations, activities, or section shall be transferred, without reim- required on an annual basis for each of cal- readiness. bursement, to the Secretary of Defense. Such endar years 2009 through 2030; and (d) REPORT.—The Secretary shall submit to transfer shall occur not later than 180 days (C) account for any overlap among imple- Congress a report setting forth the findings after the date of such determination by the mentation actions to ensure that the pro- and recommendations of the advisory com- Secretaries. jected oil savings from all the recommenda- mittee. The report shall include the fol- (B) AFTER INITIAL PERIOD.—After the end of tions, taken together, are as accurate as lowing: the 5-year period described in subparagraph practicable. (1) A comprehensive description of the rec- (A), if either the Secretary of Veterans Af- (d) ANNUAL REPORT ON OIL SAVINGS MEAS- ommendations made by the advisory com- fairs or the Secretary of Defense determines URES.—Not later than 1 year after the date of mittee. that the integration of the facilities de- initial oil savings report under subsection (c) (2) The official assigned the responsibility scribed in subsection (a) should not continue, and annually thereafter, the Secretary of De- for providing advice in accordance with sub- the Secretary of Veterans Affairs shall fense shall submit to Congress a report that section (c). transfer, without reimbursement, to the Sec- describes and evaluates the oil savings meas- retary of Defense the real and related per- ures that the Department of Defense has im- Mr. DURBIN submitted an SA 5457. sonal property described in paragraph (1). plemented during the prior year. amendment intended to be proposed by Such transfer shall occur not later than one (e) RELATIONSHIP TO OTHER LAWS.—Nothing him to the bill S. 3001, to authorize ap- year after the date of the determination by in this section affects the authority provided propriations for fiscal year 2009 for the Secretary concerned. or responsibility delegated under any other law. military activities of the Department SEC. 1703. TRANSFER OF CIVILIAN PERSONNEL of Defense, for military construction, OF THE DEPARTMENT OF DEFENSE. SA 5456. Mr. REID (for himself and and for defense activities of the De- (a) AUTHORIZATION FOR TRANSFER OF FUNC- TIONS.— NSIGN partment of Energy, to prescribe mili- Mr. E ) submitted an amendment (1) IN GENERAL.—The Secretary of Defense intended to be proposed by him to the tary personnel strengths for such fiscal may transfer to the Department of Veterans bill S. 3001, to authorize appropriations year, and for other purposes; which was Affairs, and the Secretary of Veterans Af- for fiscal year 2009 for military activi- ordered to lie on the table; as follows: fairs may accept from the Department of De- ties of the Department of Defense, for At the end of division A, add the following: fense, functions necessary for the effective military construction, and for defense TITLE XVII—VETERANS MEDICAL operation of the Captain James A. Lovell activities of the Department of Energy, FACILITY MATTERS Federal Health Care Center. to prescribe military personnel (2) TREATMENT OF TRANSFERS.—Any trans- SEC. 1701. SHORT TITLE. fer of functions under this subsection is a strengths for such fiscal years, and for This title may be cited as the ‘‘Captain transfer of functions within the meaning of other purposes; which was ordered to James A. Lovell Federal Health Care Center section 3503 of title 5, United States Code. lie on the table; as follows: Act of 2008’’. (b) TERMS OF AGREEMENT.— At the end of subtitle E of title III, add the SEC. 1702. TRANSFER OF PROPERTY. (1) RESOURCE-SHARING AGREEMENT.—Any following: (a) TRANSFER.— transfer of functions under subsection (a) SEC. 344. RECOMMENDATIONS FOR MITIGATING (1) TRANSFER AUTHORIZED.—Upon the con- shall be effectuated in a resource-sharing THE IMPACT OF ENERGY TECH- clusion of a resource-sharing agreement be- agreement between the Secretary of Defense NOLOGIES ON MILITARY ACTIVITIES tween the Secretary of Defense and the Sec- and the Secretary of Veterans Affairs. OR READINESS. retary of Veterans Affairs providing for the (2) ELEMENTS.—Notwithstanding any other (a) ADVISORY COMMITTEE FOR RECOMMENDA- joint use by the Department of Defense and provision of law, including but not limited to TIONS.— the Department of Veterans Affairs of a fa- any provisions of title 5, United States Code, (1) REQUIREMENT.—Not later than 60 days cility and supporting facilities in North Chi- relating to transfers of function or reduc- after the date of the enactment of this Act, cago, Illinois, and Great Lakes, Illinois, and tions-in-force, the agreement described in the Secretary of Defense shall establish for joint use of related medical personal paragraph (1) shall be controlling and may within the Department of Defense an advi- property and equipment, the Secretary of make provision for— sory committee to make recommendations Defense may transfer, without reimburse- (A) the transfer of civilian employee posi- to the Secretary for the mitigation of ad- ment, to the Department of Veterans Affairs tions of the Department of Defense identified verse impacts of energy technologies (includ- the Navy ambulatory care center (on which in the agreement to the Department of Vet- ing petroleum, natural gas, oil shale, tar construction commenced in July 2008), park- erans Affairs and of the incumbent civilian sands, wind energy, solar energy, geothermal ing structure, and supporting facilities, and employees in such positions;

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.108 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8429 (B) the transition of transferred employees (4) waive the applicability to that facility (A) a description of the time required for to pay, benefits, and personnel systems of of any provision of section 8111(e) of title 38, the replacement of every AC–130 gunship the Department of Veterans Affairs in a United States Code, as specified by the Sec- with an AC–130J gunship; and manner which will not result in any reduc- retaries. (B) a comparative analysis of the costs of tion of pay, grade, or employment progres- operation of AC–130 gunships by series, in- sion of any employee or any change in em- SA 5458. Mrs. CLINTON submitted an cluding costs of operation, maintenance, and ployment status for employees who have al- amendment intended to be proposed by personnel, with the anticipated costs of oper- ready successfully completed or are in the her to the bill S. 3001, to authorize ap- ation of AC–130J gunships. process of completing a one-year proba- propriations for fiscal year 2009 for (c) FORM.—The report required by sub- section (a) shall be submitted in unclassified tionary period under title 5, United States military activities of the Department Code; form, but may include a classified annex. (C) the establishment of integrated senior- of Defense, for military construction, ity lists and other personnel management and for defense activities of the De- SA 5460. Mr. BINGAMAN submitted provisions that recognize an employee’s ex- partment of Energy, to prescribe mili- an amendment intended to be proposed perience and training so as to provide com- tary personnel strengths for such fiscal by him to the bill S. 3001, to authorize parable recognition of employees previously year, and for other purposes; which was appropriations for fiscal year 2009 for with the Department of Veterans Affairs and ordered to lie on the table; as follows: military activities of the Department employees newly transferred to such Depart- At the end of subtitle B of title VII, add of Defense, for military construction, ment; and the following: (D) such other matters relating to civilian and for defense activities of the De- personnel management as the Secretary of SEC. 714. REQUIREMENT FOR PROVISION OF partment of Energy, to prescribe mili- Defense and the Secretary of Veterans Af- MEDICAL AND DENTAL SCREENING tary personnel strengths for such fiscal FOR READY RESERVE MEMBERS fairs consider appropriate. ALERTED FOR MOBILIZATION. year, and for other purposes; which was (c) PRESERVATION OF AUTHORITY.—Notwith- Section 1074a (f)(1) of title 10, United States ordered to lie on the table; as follows: standing subsections (a) and (b), nothing in Code, is amended by striking ‘‘may provide’’ At the end of subtitle B of title XXXI, add this section shall be construed as limiting and inserting ‘‘shall provide’’. the following: the authority of the Secretary of Defense to establish civilian employee positions in the SEC. 3116. STUDY ON SURVEILLANCE OF THE NU- Mr. BINGAMAN (for himself CLEAR WEAPONS STOCKPILE. Department of Defense and utilize all civil- SA 5459. (a) STUDY.— ian personnel authorities otherwise available and Mr. DOMENICI) submitted an (1) IN GENERAL.—The Administrator for Nu- to the Secretary if the Secretary determines amendment intended to be proposed by clear Security shall enter into a contract that such actions are necessary and appro- him to the bill S. 3001, to authorize ap- with the private scientific advisory group priate to meet mission requirements of the propriations for fiscal year 2009 for known as JASON to conduct an independent Department of Defense. military activities of the Department technical study of the efforts of the National SEC. 1704. EXTENSION AND EXPANSION OF JOINT of Defense, for military construction, Nuclear Security Administration to monitor INCENTIVE FUND. and for defense activities of the De- the aging of, and to detect defects related to (a) TEN-YEAR EXTENSION OF AUTHORITY FOR aging in, nuclear weapons components and JOINT INCENTIVES PROGRAM.—Paragraph (3) partment of Energy, to prescribe mili- of section 8111(d) of title 38, United States tary personnel strengths for such fiscal materials that could affect the reliability of Code, is amended by striking ‘‘2010’’ and in- year, and for other purposes; which was nuclear weapons currently in the nuclear serting ‘‘2020’’. ordered to lie on the table; as follows: weapons stockpile. (b) FUNDING OF MAINTENANCE AND MINOR (2) AVAILABILITY OF INFORMATION.—The Ad- At the end of subtitle D of title I, add the ministrator shall make available to JASON CONSTRUCTION FROM THE JOINT INCENTIVE following: FUND.—Paragraph (2) of such section is all information necessary to complete the SEC. 152. AC–130 GUNSHIPS. amended by adding at the end the following study on a timely basis. new sentence: ‘‘Such purposes shall include (a) REPORT ON REDUCTION IN SERVICE LIFE (b) ELEMENTS.—The study required under real property maintenance and minor con- IN CONNECTION WITH ACCELERATED DEPLOY- subsection (a) shall include an assessment of struction projects that are not required to be MENT.—Not later than December 31, 2008, the the following: specifically authorized by law under section Secretary of the Air Force shall submit to (1) The ability of the National Nuclear Se- 8104 of this title and section 2805 of title 10.’’. the congressional defense committees an as- curity Administration to monitor and meas- sessment of the reduction in the service life ure the effects of aging on, and defects relat- SEC. 1705. HEALTH CARE ELIGIBILITY FOR SERV- ICES AT THE CAPTAIN JAMES A. of AC–130 gunships of the Air Force as a re- ing to aging in, nuclear weapons components LOVELL FEDERAL HEALTH CARE sult of the accelerated deployments of such and materials, other than plutonium pits, CENTER. gunships that are anticipated during the that could affect the reliability of nuclear (a) IN GENERAL.—For purposes of eligi- seven- to ten-year period beginning with the weapons in the nuclear weapons stockpile. bility for health care under chapter 55 of date of the enactment of this Act, assuming (2) Available methods for addressing such title 10, United States Code, the Captain that operating tempo continues at a rate per effects. James A. Lovell Federal Health Care Center year of the average of their operating rate (c) REPORT.— authorized by this title may be deemed to be for the last five years. (1) IN GENERAL.—Not later than one year a facility of the uniformed services to the ex- (b) ELEMENTS.—The report required by sub- after the date of the enactment of this Act, tent provided in an agreement between the section (a) shall include the following: the Administrator for Nuclear Security shall Secretary of Defense and the Secretary of (1) An estimate by series of the mainte- submit to the congressional defense commit- Veterans Affairs under subsection (b). nance costs for the AC–130 gunships during tees a report containing— (b) ELEMENTS OF AGREEMENT.—Subsection the period described in subsection (a), in- (A) the findings of the study; and (a) may be implemented through an agree- cluding any major airframe and engine over- (B) recommendations for improving efforts ment between the Secretary of Veterans Af- hauls of such aircraft anticipated during within the Directed Stockpile Work Pro- fairs and the Secretary of Defense. The that period. gram, the Science Campaign, and the Engi- agreement may— (2) A description by series of the age, serv- neering Campaign of the National Nuclear (1) establish an integrated priority list for iceability, and capabilities of the armament Security Administration to monitor the ef- access to available care at the facility de- systems of the AC–130 gunships. fects of aging on, and to detect defects re- scribed in subsection (a), integrating the re- (3) An estimate by series of the costs of lated to aging in, the nuclear weapons stock- spective priority lists of the Secretaries, modernizing the armament systems of the pile between fiscal year 2009 and fiscal year taking into account categories of bene- AC–130 gunships to achieve any necessary ca- 2014. ficiaries, enrollment program status, and pability improvements. (2) FORM OF REPORT.—The report required such other factors as the Secretaries deter- (4) A description by series of the age and under paragraph (1) shall be submitted in an mine appropriate; capabilities of the electronic warfare sys- unclassified form, but may include a classi- (2) incorporate any resource-related limi- tems of the AC–130 gunships, and an estimate fied annex. tations for access to care at that facility es- of the cost of upgrading such systems during tablished by the Secretary of Defense for that period to achieve any necessary capa- SA 5461. Mr. SANDERS submitted an purposes of administering space-available bility improvements. amendment intended to be proposed by eligibility for care in facilities of the uni- (5) A description by series of the age of the him to the bill S. 3001, to authorize ap- formed services under chapter 55 of title 10, avionics systems of the AC–130 gunships, and propriations for fiscal year 2009 for United States Code; an estimate of the cost of upgrading such military activities of the Department (3) allocate financial responsibility for care systems during that period to achieve any provided at that facility for individuals who necessary capability improvements. of Defense, for military construction, are eligible for care under both title 38, (6) An estimate of the costs of replacing and for defense activities of the De- United States Code, and chapter 55 of title the AC–130 gunships with AC–130J gunships, partment of Energy, to prescribe mili- 10, United States Code; and including— tary personnel strengths for such fiscal

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.111 S11SEPT1 smartinez on PROD1PC64 with SENATE S8430 CONGRESSIONAL RECORD — SENATE September 11, 2008 year, and for other purposes; which was At the end of subtitle D of title X, add the knowledge of that falsity or with reckless ordered to lie on the table; as follows: following: disregard of their truth or falsity. On page 72, after line 20, add the following: SEC. 1041. CONSIDERATION OF ADVISORY MIS- (5) Some persons are obstructing the free SIONS BY THE DEPARTMENT OF DE- expression rights of United States persons, SEC. 314. EXTENSION AND EXPANSION OF RE- FENSE IN SUPPORT OF UNITED PORTING REQUIREMENTS REGARD- and the vital interest of the people of the STATES EFFORTS TO BUILD PART- ING DEPARTMENT OF DEFENSE EN- United States in receiving information on NER CAPACITY IN THE 2009 QUAD- ERGY EFFICIENCY PROGRAMS. matters of public importance, by first seek- RENNIAL DEFENSE REVIEW. Section 317(e) of the National Defense Au- ing out foreign jurisdictions that do not pro- (a) IN GENERAL.—In conducting the quad- thorization Act for Fiscal Year 2002 (Public vide the full extent of free-speech protection rennial defense review required in 2009 by Law 107–107; 115 Stat. 1054) is amended to that is fundamental in the United States and section 118 of title 10, United States Code, read as follows: then suing United States persons in such ju- the Secretary of Defense shall assess the fol- ‘‘(e) REPORTING REQUIREMENTS.— risdictions in defamation actions based on lowing: ‘‘(1) IN GENERAL.—Not later than January speech uttered or published in the United (1) The advisability of advisory missions by 1, 2002, and each January 1 thereafter States, speech that is fully protected under the Department of Defense in support of through 2013, the Secretary shall submit to first amendment jurisprudence in the United United States efforts to build partner capac- the congressional defense a report regarding States and the laws of the several States and ity, including advisory missions as follows: progress made toward achieving the energy the District of Columbia. (A) Combat advisory missions to train efficiency goals of the Department of De- (6) Some of these actions are intended not ground forces and air forces of partner coun- fense, consistent with the provisions of sec- only to suppress the free speech rights of tries. tion 303 of Executive Order 13123 (64 Fed. journalists, academics, commentators, ex- (B) Advisory missions to the defense min- Reg. 30851; 42 U.S.C. 8521 note) and section perts, and other individuals but to intimi- istries of partner countries. 11(b) of Executive Order 13423 (72 Fed. Reg. date publishers and other organizations that (2) The forces, whether general purposes 3919; 42 U.S.C. 4321 note). might otherwise disseminate or support the forces or special operations forces, that are ‘‘(2) REPORTS SUBMITTED AFTER JANUARY 1, work of those individuals with the threat of the most effective means of undertaking the 2008.—Each report required under paragraph prohibitive foreign lawsuits, litigation ex- future advisory missions of the Department (1) that is submitted after the date of the en- penses, and judgments that provide for as described in paragraph (1). actment of the National Defense Authoriza- money damages and other speech-sup- (3) The modifications in the force structure tion Act for Fiscal Year 2009 shall include pressing relief. necessary to ensure the continued effective- the following: (7) The governments and courts of some ness of the advisory missions of the Depart- ‘‘(A) A description of steps taken to ensure foreign countries have failed to curtail this ment as described in paragraph (1). that facility and installation management practice, permitting lawsuits filed by per- goals are consistent with current legislative (b) SUBMITTAL TO CONGRESS.—The quadren- nial defense review required to be submitted sons who are often not citizens of those and other requirements, including applicable countries, under circumstances where there requirements under the Energy Independence to Congress under section 118(d) of title 10, is often little or no basis for jurisdiction and Security Act of 2007 (Public Law 110–140). United States Code, in 2010 shall include a over the United States persons against whom ‘‘(B) A description of steps taken to deter- separate discussion of the results of the as- such suits are brought. mine best practices for measuring energy sessment required by subsection (a). (8) Some of the plaintiffs bringing such consumption in Department of Defense fa- suits are intentionally and strategically re- cilities and installations in order to use the SA 5463. Mr. SPECTER (for himself fraining from filing their suits in the United data for better energy management. and Mr. SCHUMER) submitted an States, even though the speech at issue was ‘‘(C) A description of steps taken to comply amendment intended to be proposed by published in the United States, in order to with requirements of the Energy Independ- him to the bill S. 3001, to authorize ap- avoid the Supreme Court’s first amendment ence and Security Act of 2007, including new propriations for fiscal year 2009 for jurisprudence and frustrate the protections design and construction requirements for military activities of the Department buildings. it affords United States persons. ‘‘(D) A description of steps taken to com- of Defense, for military construction, (9) The United States persons against ply with section 533 of the National Energy and for defense activities of the De- whom such suits are brought must con- Conservation Policy Act (42 U.S.C. 8259b), re- partment of Energy, to prescribe mili- sequently endure the prohibitive expense, in- quiring the General Services Administration tary personnel strengths for such fiscal convenience, and anxiety attendant to being and the Defense Logistics Agency to supply year, and for other purposes; which was sued in foreign courts for conduct that is protected under the first amendment, or de- Energy Star and Federal Energy Manage- ordered to lie on the table; as follows: ment Program (FEMP) designated products cline to answer such suits and risk the entry At the appropriate place, insert the fol- of costly default judgments that may be exe- to its Department of Defense customers. lowing: ‘‘(E) A description of steps taken to ensure cuted in countries other than the United the use of Energy Star and FEMP designated TITLE l—FREE SPEECH PROTECTION States where those individuals travel or own products at military installations in govern- ACT OF 2008 property. ment or contract maintenance activities. SEC. 01. SHORT TITLE. (10) Journalists, academics, commentators, ‘‘(F) A description of steps taken to com- This title may be cited as the ‘‘Free experts, and others subjected to such suits ply with standards required for projects built Speech Protection Act of 2008’’. are suffering concrete and profound financial using appropriated funds and established by SEC. 02. FINDINGS. and professional damage for engaging in con- the Energy Independence and Security Act of Congress finds the following: duct that is protected under the Constitu- 2007 for privatized construction projects, (1) The freedom of speech and the press is tion of the United States and essential to in- whether residential, administrative, or in- enshrined in the first amendment to the Con- forming the people of the United States, dustrial. stitution of the United States. their representatives, and other policy- ‘‘(G) A classified annex that provides— (2) Free speech, the free exchange of infor- makers. ‘‘(i) a systematic assessment of the risk of mation, and the free expression of ideas and (11) In turn, the people of the United extended commercial power outage to crit- opinions are essential to the functioning of States are suffering concrete and profound ical installations; representative democracy in the United harm because they, their representatives, ‘‘(ii) details on the investment strategy of States. and other government policymakers rely on the Department of Defense to reduce risks to (3) The free expression and publication by the free expression of information, ideas, and acceptable levels based on application of In- journalists, academics, commentators, ex- opinions developed by responsible journal- tegrated Risk Management principals; and perts, and others of the information they un- ists, academics, commentators, experts, and ‘‘(iii) risk reduction solutions that empha- cover and develop through research and others for the formulation of sound public size the use of clean renewable energy study is essential to the formation of sound policy, including national security policy. sources and higher energy efficiency.’’. public policy and thus to the security of the (12) The United States respects the sov- people of the United States. ereign right of other countries to enact their SA 5462. Mr. BROWNBACK submitted (4) The first amendment jurisprudence of own laws regarding speech, and seeks only to an amendment intended to be proposed the Supreme Court of the United States, ar- protect the first amendment rights of the by him to the bill S. 3001, to authorize ticulated in such precedents as New York people of the United States in connection Times v. Sullivan (376 U.S. 254 (1964)), and its with speech that occurs, in whole or in part, appropriations for fiscal year 2009 for in the United States. military activities of the Department progeny, reflects the fundamental value that of Defense, for military construction, the people of the United States place on pro- SEC. 03. FEDERAL CAUSE OF ACTION. moting the free exchange of ideas and infor- and for defense activities of the De- mation, requiring in cases involving public (a) CAUSE OF ACTION.—Any United States partment of Energy, to prescribe mili- figures a demonstration of actual malice, person against whom a lawsuit is brought in tary personnel strengths for such fiscal that is, that allegedly defamatory, libelous, a foreign country for defamation on the basis year, and for other purposes; which was or slanderous statements about public fig- of the content of any writing, utterance, or ordered to lie on the table; as follows: ures are not merely false but made with other speech by that person that has been

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published, uttered, or otherwise dissemi- (g) TIMING OF ACTION; STATUTE OF LIMITA- SEC. 314. STUDY AND EVALUATION OF POLICIES nated in the United States may bring an ac- TIONS.— CONCERNING THE RE-USE, RE-RE- tion in a United States district court speci- (1) TIMING.—An action under subsection (a) FINING, OR RECYCLING OF USED fied in subsection (f) against any person who, may be commenced after the filing of the FUELS AND LUBRICATING OILS. (a) STUDY AND EVALUATION.—Not later or entity which, serves or causes to be foreign lawsuit in a foreign country on which than 90 days after the date of the enactment served, in the United States, any documents the action is based. of this Act, the Secretary of Defense shall in connection with such foreign lawsuit, if (2) STATUTE OF LIMITATIONS.—For purposes submit to the congressional defense commit- the writing, utterance, or other speech at of section 1658(a) of title 28, United States tees a report reviewing the policies and pro- issue in the foreign lawsuit does not con- Code, the cause of action under subsection grams of the Department of Defense con- stitute defamation under United States law. (a) accrues on the first date on which papers cerning the re-use, re-refining, or recycling (b) JURISDICTION.—It shall be sufficient to in connection with the foreign lawsuit de- of used fuels and lubricating oils for the pur- establish jurisdiction over the person or en- scribed in section (a), on which the cause of tity serving or causing to be served docu- pose of identifying cost-savings, energy con- action is based, are served on a United servation, and environmental benefits. ments in connection with the foreign lawsuit States person in the United States. described in subsection (a) that— (b) CONTENT.—The report required under (1) such person or entity has served or SEC. 04. APPLICABILITY. subsection (a) shall include— caused to be served, any documents in con- This title applies with respect to any for- (1) an evaluation of the existing closed loop nection with the foreign lawsuit described in eign lawsuit that is described in section 3(a) recycling process offered through the De- subsection (a) on a United States person in in connection with papers that were served fense Supply Center Richmond, Virginia; the United States; and before, on, or after the date of the enactment (2) an assessment of existing programs at (2) such United States person has assets in of this title. the military installation level; the United States against which the claim- SEC. 05. CONSTRUCTION. (3) an identification of what regulatory or ant in the foreign lawsuit could execute if a Nothing in this title limits the right of for- other barriers may exist that constrain the judgment in the foreign lawsuit were award- eign litigants who bring good faith defama- ability of the Department of Defense to re- ed. tion actions to prevail against journalists, use, re-refine, or recycle used fuels and lubri- (c) REMEDIES.— academics, commentators, and others who cating oils; and (1) ORDER TO BAR ENFORCEMENT AND OTHER have failed to adhere to standards of profes- (4) an estimate of projected cost-savings, INJUNCTIVE RELIEF.—In a cause of action de- sionalism by publishing false information energy conservation, and environmental ben- scribed in subsection (a), if the court deter- maliciously or recklessly. efits through these Department of Defense mines that the applicable writing, utterance, SEC. 06. DEFINITIONS. programs. or other speech at issue in the underlying In this title: foreign lawsuit does not constitute defama- SA 5465. Mr. CARDIN submitted an (1) DEFAMATION.—The term ‘‘defamation’’ tion under United States law, the court shall means any action or other proceeding for amendment intended to be proposed by order that any foreign judgment in the for- defamation, libel, slander, or similar claim him to the bill S. 3001, to authorize ap- eign lawsuit in question may not be enforced alleging that forms of speech are false, have propriations for fiscal year 2009 for in the United States, including by any Fed- caused damage to reputation or emotional military activities of the Department eral, State, or local court, and may order distress, have presented a person or persons of Defense, for military construction, such other injunctive relief that the court in a negative light, or have resulted in criti- and for defense activities of the De- considers appropriate to protect the right to cism or condemnation of a person or persons. free speech under the first amendment to the partment of Energy, to prescribe mili- (2) FOREIGN COUNTRY.—The term ‘‘foreign Constitution of the United States. tary personnel strengths for such fiscal country’’ means any country other than the year, and for other purposes; which was (2) DAMAGES.—In addition to the remedy United States. under paragraph (1), damages may be award- ordered to lie on the table; as follows: (3) FOREIGN JUDGMENT.—The term ‘‘foreign ed to the United States person bringing the judgment’’ means any judgment of a foreign At the end of subtitle C of title XII, add action under subsection (a), based on the fol- country, including the court system or an the following: lowing: agency of a foreign country, that grants or SEC. 1222. SPECIAL IMMIGRANT STATUS FOR (A) The amount of any foreign judgment in denies any form of relief, including injunc- CERTAIN AFGHANS. the underlying foreign lawsuit. tive relief and monetary damages, in a defa- (a) IN GENERAL.—Subject to subsection (c), (B) The costs, including reasonable legal mation action. the Secretary of Homeland Security, or, not- fees, attributable to the underlying foreign (4) FOREIGN LAWSUIT.—The term ‘‘foreign withstanding any other provision of law, the lawsuit that have been borne by the United lawsuit’’ includes any other hearing or pro- Secretary of State in consultation with the States person. ceeding in or before any court, grand jury, Secretary of Homeland Security, may pro- (C) The harm caused to the United States department, office, agency, commission, reg- vide an alien described in paragraph (1), (2), person due to decreased opportunities to ulatory body, legislative committee, or or (3) of subsection (b) with the status of a publish, conduct research, or generate fund- other authority of a foreign country or polit- special immigrant under section 101(a)(27) of ing. ical subdivision thereof. the Immigration and Nationality Act (8 (d) TREBLE DAMAGES.—If, in an action (5) UNITED STATES.—The term ‘‘United U.S.C. 1101(a)(27)), if the alien— brought under subsection (a), the court or, if States’’ means the several States, the Dis- (1) or an agent acting on behalf of the applicable, the jury determines by a prepon- trict of Columbia, and any commonwealth, alien, submits a petition for classification derance of the evidence that the person or under section 203(b)(4) of such Act (8 U.S.C. entity bringing the foreign lawsuit which territory, or possession of the United States. (6) UNITED STATES PERSON.—The term 1153(b)(4)); gave rise to the cause of action intentionally (2) is otherwise eligible to receive an immi- engaged in a scheme to suppress rights under ‘‘United States person’’ means— (A) a United States citizen; grant visa; the first amendment to the Constitution of (3) is otherwise admissible to the United the United States by discouraging publishers (B) an alien lawfully admitted for perma- nent residence to the United States; States for permanent residence (excluding or other media from publishing, or discour- the grounds for inadmissibility specified in aging employers, contractors, donors, spon- (C) an alien lawfully residing in the United States at the time that the speech that is section 212(a)(4) of such Act (8 U.S.C. sors, or similar financial supporters from 1182(a)(4)); and employing, retaining, or supporting, the re- the subject of the foreign defamation suit or (4) clears a background check and appro- search, writing, or other speech of a jour- proceeding was researched, prepared, or dis- priate screening, as determined by the Sec- nalist, academic, commentator, expert, or seminated; or retary of Homeland Security. other individual, the court may award treble (D) a business entity incorporated in, or (b) ALIENS DESCRIBED.— damages. with its primary location or place of oper- (1) PRINCIPAL ALIENS.—An alien is de- (e) EXPEDITED DISCOVERY.—Upon the filing ation in, the United States. of an action under subsection (a), the court scribed in this paragraph if the alien— (A) is a citizen or national of Afghanistan; may order expedited discovery if the court SA 5464. Mr. CORNYN submitted an determines, based on the allegations in the (B) was or is employed by or on behalf of amendment intended to be proposed by the United States Government in Afghani- complaint, that the speech at issue in the him to the bill S. 3001, to authorize ap- underlying foreign lawsuit is protected under stan on or after October 7, 2001, for not less the first amendment to the Constitution of propriations for fiscal year 2009 for than one year; the United States. military activities of the Department (C) provided faithful and valuable service (f) VENUE.—An action under subsection (a) of Defense, for military construction, to the United States Government, which is may be brought by a United States person and for defense activities of the De- documented in a positive recommendation or only in a United States district court in partment of Energy, to prescribe mili- evaluation, subject to paragraph (4), from which the United States person is domiciled, tary personnel strengths for such fiscal the employee’s senior supervisor or the per- does business, or owns real property that son currently occupying that position, or a could be executed against in satisfaction of a year, and for other purposes; which was more senior person, if the employee’s senior judgment in the underlying foreign lawsuit ordered to lie on the table; as follows: supervisor has left the employer or has left which gave rise to the action. On page 72, after line 20, add the following: Afghanistan; and

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.113 S11SEPT1 smartinez on PROD1PC64 with SENATE S8432 CONGRESSIONAL RECORD — SENATE September 11, 2008 (D) has experienced or is experiencing an State shall make a reasonable effort to en- such fiscal year, and for other pur- ongoing serious threat as a consequence of sure that aliens described in this section who poses; which was ordered to lie on the the alien’s employment by the United States are issued special immigrant visas are pro- table; as follows: Government. vided with the appropriate series Afghan (2) SPOUSES AND CHILDREN.—An alien is de- passport necessary to enter the United At the appropriate place, insert the fol- scribed in this paragraph if the alien— States. lowing: (A) is the spouse or child of a principal (e) PROTECTION OF ALIENS.—The Secretary SEC. ll. PROHIBITION ON DISCRIMINATION IN alien described in paragraph (1); and of State, in consultation with the heads of LIFE INSURANCE. (B) is accompanying or following to join other relevant Federal agencies, shall make (a) IN GENERAL.—Notwithstanding any the principal alien in the United States. a reasonable effort to provide an alien de- other provision of law and except as provided (3) TREATMENT OF SURVIVING SPOUSE OR scribed in this section who is applying for a in subsection (b), an insurer shall not— CHILD.—An alien is described in this para- special immigrant visa with protection or (1) refuse to issue a policy to an individual; graph if the alien— the immediate removal from Afghanistan, if (2) refuse to continue in effect the policy of (A) was the spouse or child of a principal possible, of such alien if the Secretary deter- an insured; alien described in paragraph (1) who had a mines after consultation that such alien is in (3) limit or decrease the amount of cov- petition for classification approved pursuant imminent danger. erage, extent of coverage, or type of coverage to this section or section 1059 of the National (f) ELIGIBILITY FOR ADMISSION UNDER available under a policy to an individual; or Defense Authorization Act for Fiscal Year OTHER CLASSIFICATION.—No alien shall be de- (4) require the payment of an additional 2006 (Public Law 109–163; 8 U.S.C. 1101 note), nied the opportunity to apply for admission amount as premiums for an insured under a which included the alien as an accompanying under this section solely because such alien policy (except increases in premiums in indi- spouse or child; and qualifies as an immediate relative or is eligi- vidual term insurance based upon age); (B) due to the death of the principal alien— ble for any other immigrant classification. based on the lawful travel experiences of the (i) such petition was revoked or terminate (g) RESETTLEMENT SUPPORT.—Afghan individual or insured. (or otherwise rendered null); and aliens granted special immigrant status de- (b) EXCEPTION.— (ii) such petition would have been approved scribed in section 101(a)(27) of the Immigra- (1) IN GENERAL.—Subsection (a) shall not if the principal alien had survived. tion and Nationality Act (8 U.S.C. 1101(a)(27)) apply if, with respect to the individual or in- (4) APPROVAL BY CHIEF OF MISSION RE- shall be eligible for resettlement assistance, sured involved, the insurer determines that— QUIRED.—A recommendation or evaluation entitlement programs, and other benefits (A) the risk of loss for the individual or in- required under paragraph (1)(C) shall be ac- available to refugees admitted under section companied by approval from the Chief of sured because of travel to a specified des- 207 of such Act (8 U.S.C. 1157) for a period not tination at a specified time is reasonably an- Mission, or the designee of the Chief of Mis- to exceed 8 months. sion, who shall conduct a risk assessment of ticipated to be greater than if the individual (h) ADJUSTMENT OF STATUS.—Notwith- or insured did not travel to that destination the alien and an independent review of standing paragraphs (2), (7), or (8) of sub- records maintained by the United States at that time; and section (c) of section 245 of the Immigration (B) the risk classification referred to in Government or hiring organization or entity and Nationality Act (8 U.S.C. 1255), the Sec- to confirm employment and faithful and val- subparagraph (A) is based on sound actuarial retary of Homeland Security may adjust the principles and actual or reasonably antici- uable service to the United States Govern- status of an alien described in subsection (b) ment prior to approval of a petition under pated experience. to that of an alien lawfully admitted for per- (2) DETERMINATIONS.—An insurer shall be this section. manent residence under subsection (a) of (c) NUMERICAL LIMITATIONS.— deemed to meet the requirements of para- such section 245 if the alien— (1) IN GENERAL.—Except as provided in graph (1) if the action involved was taken by (1) was paroled or admitted as a non- paragraph (3), the total number of principal the insurer based on— immigrant into the United States; and aliens who may be provided special immi- (A) the issuance by the Director of the (2) is otherwise eligible for special immi- grant status under this section may not ex- Centers for Disease Control and Prevention grant status under this section and under the ceed 1500 per year for each fiscal year 2009, of the highest level of alert or warning with Immigration and Nationality Act (8 U.S.C. 2010, 2011, 2012, or 2013. respect to the travel destination involved, 1101 et seq.)). (2) EXCLUSION FROM NUMERICAL LIMITA- including a recommendation against non-es- (i) RULE OF CONSTRUCTION.—Nothing in this TIONS.—Aliens provided special immigrant sential travel to such destination, due to a section may be construed to affect the au- status under this section shall not be count- serious health-related condition; or thority of the Secretary of Homeland Secu- ed against any numerical limitation under (B) the existence of an ongoing armed con- rity under section 1059 of the National De- sections 201(d), 202(a), or 203(b)(4) of the Im- flict involving the military of a sovereign fense Authorization Act for Fiscal Year 2006 migration and Nationality Act (8 U.S.C. nation foreign to the country of conflict. (Public Law 109–163; 8 U.S.C. 1101 note). 1151(d), 1152(a), and 1153(b)(4)). (c) DEFINITIONS.—In this section: (j) REPORT.— (3) CARRY FORWARD.— (1) INSURED.—The term ‘‘insured’’ means (1) REQUIREMENT.—Not later than 1 year (A) FISCAL YEARS 2009 THROUGH 2013.—If the an individual whose life is insured under a after the date of the enactment of this Act, numerical limitation specified in paragraph policy. the Secretary of State and the Secretary of (1) is not reached during a given fiscal year (2) INSURER.—The term ‘‘insurer’’ includes Homeland Security, in consultation with the referred to in such paragraph, with respect any firm, corporation, partnership, associa- Secretary of Defense, shall submit to the to fiscal year 2009, 2010, 2011, 2012, or 2013, the tion, or business that is chartered or author- Committee on the Judiciary of the Senate numerical limitation specified in such para- ized to provide insurance and issue contracts and the Committee on the Judiciary of the graph for the following fiscal year shall be or policies by the laws of a State or the House of Representatives a report on the im- increased by a number equal to the dif- United States. plementation of this section. ference between— (3) POLICY.—The term ‘‘policy’’ means any (2) CONTENT.—The report required by para- (i) the numerical limitation specified in individual contract for whole, endowment, graph (1) shall address steps taken, and addi- paragraph (1) for the given fiscal year; and universal, or term life insurance, including tional administrative measures that may be (ii) the number of principal aliens provided any benefit in the nature of such insurance needed, to ensure program integrity and na- special immigrant status under this section arising out of membership in any fraternal tional security. during the given fiscal year. or beneficial association. (3) ADMINISTRATIVE MEASURES.—The Sec- (B) FISCAL YEAR 2014.—If the numerical lim- (4) PREMIUM.—The term ‘‘premium’’ means retary of State and the Secretary of Home- itation determined under subparagraph (A) is the amount specified in an insurance policy land Security shall implement such addi- not reached in fiscal year 2013, the total to be paid to keep the policy in force. tional administrative measures identified in number of principal aliens who may be pro- the report as the they may deem necessary vided special immigrant status under this and appropriate to ensure program integrity SA 5467. Mr. INHOFE (for himself section for fiscal year 2014 shall be equal to and national security. and Mr. GRASSLEY) submitted an the difference between— amendment intended to be proposed by (i) the numerical limitation determined SA 5466. Mr. SCHUMER (for himself, him to the bill S. 3001, to authorize ap- under subparagraph (A) for fiscal year 2013; propriations for fiscal year 2009 for and Mr. MARTINEZ, Mr. MENENDEZ, Mrs. (ii) the number of principal aliens provided CLINTON, and Mr. NELSON of Florida) military activities of the Department such status under this section during fiscal submitted an amendment intended to of Defense, for military construction, year 2013. be proposed by him to the bill S. 3001, and for defense activities of the De- (d) VISA AND PASSPORT ISSUANCE AND to authorize appropriations for fiscal partment of Energy, to prescribe mili- FEES.—Neither the Secretary of State nor year 2009 for military activities of the tary personnel strengths for such fiscal the Secretary of Homeland Security may year, and for other purposes; which was charge an alien described in paragraph (1), Department of Defense, for military (2), or (3) of subsection (b) any fee in connec- construction, and for defense activities ordered to lie on the table; as follows: tion with an application for, or issuance of, of the Department of Energy, to pre- On page 75, between lines 6 and 7, insert a special immigrant visa. The Secretary of scribe military personnel strengths for the following:

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.120 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8433 SEC. 323. MODIFICATION OF AUTHORITY FOR SEC. 1068. SENSE OF SENATE ON CARE FOR (3) the term ‘‘small business concern’’ has ARMY INDUSTRIAL FACILITIES TO WOUNDED WARRIORS. the same meaning as under section 3 of the ENGAGE IN COOPERATIVE ACTIVI- (a) FINDINGS.—The Senate makes the fol- Small Business Act (15 U.S.C. 632). TIES WITH NON-ARMY ENTITIES. lowing findings: (a) CLARIFICATION OF AUTHORITY TO ENTER PART I—REAUTHORIZATION OF THE SBIR (1) The Wounded Warrior Act (title XVI of AND STTR PROGRAMS INTO COOPERATIVE AGREEMENTS.—The second Public Law 110–181) established a comprehen- SEC. 871. EXTENSION OF TERMINATION DATES. sentence of section 4544(a) of title 10, United sive policy on improvements to care, man- (a) SBIR.—Section 9(m) of the Small Busi- States Code, as added by section 328(a)(1) of agement, and transition of recovering serv- the National Defense Authorization Act for ness Act (15 U.S.C. 638(m)) is amended by ice members. Fiscal Year 2008 (Public Law 110–181; 122 striking ‘‘2008’’ and inserting ‘‘2022’’. (2) This policy included guidance on Train- Stat. 66), is amended by inserting after ‘‘not (b) STTR.—Section 9(n)(1)(A) of the Small ing and Skills of Health Care Professionals, more than eight contracts or cooperative Business Act (15 U.S.C. 638(n)(1)(A)) is Recovery Care Coordinators, Medical Care agreements’’ the following: ‘‘in addition to amended by striking ‘‘2009’’ and inserting the contracts and cooperative agreements in Case Managers, and Non-Medical Care Man- ‘‘2023’’. agers for Recovering Service Members. place as of the date of the enactment of the SEC. 872. STATUS OF THE OFFICE OF TECH- National Defense Authorization Act for Fis- (3) The Department of Veterans Affairs NOLOGY. cal Year 2008 (Public Law 110–181)’’. currently has eight fully trained Recovery Section 9(b) of the Small Business Act (15 (b) ADDITIONAL ELEMENTS REQUIRED FOR Care Coordinators in the field serving 123 U.S.C. 638(b)) is amended— ANALYSIS OF USE OF AUTHORITY.—Section wounded warriors with an additional two Re- (1) in paragraph (7), by striking ‘‘and’’ at 328(b)(2) of the National Defense Authoriza- covery Care Coordinators in training and ad- the end; tion Act for Fiscal Year 2008 (Public Law ditional applicants being considered. (2) in paragraph (8), by striking the period 110–181; 122 Stat. 67) is amended— (4) The requirement for Recovery Care Co- at the end and inserting ‘‘; and’’; (1) by striking ‘‘a report assessing the ad- ordinators and Medical Care Case Managers (3) by redesignating paragraph (8) as para- visability’’ and inserting the following: ‘‘a continues to exceed the current availability graph (9); and report— of these personnel within the Department of (4) by adding at the end the following: ‘‘(A) assessing the advisability’’; and Veterans Affairs and Department of Defense. ‘‘(10) to maintain an Office of Technology— (2) by striking ‘‘pursuant to such author- (b) SENSE OF SENATE.—It is the sense of the ‘‘(A) to carry out its responsibilities under ity.’’ and inserting the following: ‘‘pursuant Senate that the Department of Veterans Af- this section, headed by the Assistant Admin- to such authority; fairs and Department of Defense should— istrator for Technology, who shall report di- ‘‘(B) assessing the benefit to the Federal (1) aggressively recruit, hire, and train in- rectly to the Administrator; and Government of using such authority; dividuals as Recovery Care Coordinators, ‘‘(B) which shall be independent from the ‘‘(C) assessing the impact of the use of such Medical Care Case Managers, and Non-Med- Office of Government Contracting and suffi- authority on the availability of facilities ical Care Managers for Recovering Service ciently staffed and funded to comply with needed by the Army and on the private sec- Members; the oversight, reporting, and public database tor; and (2) establish partnerships between Depart- responsibilities assigned to the Office of ‘‘(D) describing the steps taken to comply ment of Defense medical facilities and De- Technology by the Administrator.’’. with the requirements under section 4544(g) partment of Veterans Affairs medical facili- SEC. 873. SBIR CAP INCREASE. of title 10, United States Code.’’. ties, on the one hand, and public and private Section 9(f) of the Small Business Act (15 institutions of higher education, on the U.S.C. 638(f)) is amended— SA 5468. Mr. INHOFE (for himself, other hand, to assist in training medical care (1) in paragraph (1)— Mr. CRAPO, and Mr. CRAIG) submitted case management personnel needed to sup- (A) in subparagraph (B), by striking ‘‘and’’ an amendment intended to be proposed port returning wounded and ill service mem- at the end; and by him to the bill S. 3001, to authorize bers; (B) by striking subparagraph (C) and in- appropriations for fiscal year 2009 for (3) work closely with public and private in- serting the following: stitutions of higher education to ensure the ‘‘(C) not less than 2.5 percent of such budg- military activities of the Department most current care management techniques of Defense, for military construction, et in fiscal year 2009; and evidence-based guidelines are incor- ‘‘(D) not less than 2.6 percent of such budg- and for defense activities of the De- porated into training programs for Health partment of Energy, to prescribe mili- et in fiscal year 2010; Care Professionals, Recovery Care Coordina- ‘‘(E) not less than 2.7 percent of such budg- tary personnel strengths for such fiscal tors, Medical Care Case Managers, and Non- et in fiscal year 2011; year, and for other purposes; which was Medical Care Managers; and ‘‘(F) not less than 2.8 percent of such budg- ordered to lie on the table; as follows: (4) ensure the availability of the services of et in fiscal year 2012; Strike section 3104 and insert the fol- Recovery Care Coordinators, Medical Care ‘‘(G) not less than 2.9 percent of such budg- lowing: Case Managers, and Non-Medical Care Man- et in fiscal year 2013; agers to any wounded and disabled recov- SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. ‘‘(H) not less than 3.0 percent of such budg- ering service members, who need or desire (a) IN GENERAL.—Funds are hereby author- et in fiscal year 2014; ized to be appropriated to the Department of such services. ‘‘(I) not less than 3.1 percent of such budget Energy for fiscal year 2009 for defense nu- in fiscal year 2015; clear waste disposal for payment to the Nu- SA 5470. Mr. KERRY (for himself and ‘‘(J) not less than 3.2 percent of such budg- clear Waste Fund established in section Ms. SNOWE) submitted an amendment et in fiscal year 2016; 302(c) of the Nuclear Waste Policy Act of 1982 intended to be proposed by him to the ‘‘(K) not less than 3.3 percent of such budg- (42 U.S.C. 10222(c)) in the amount of bill S. 3001, to authorize appropriations et in fiscal year 2017; $247,371,000. for fiscal year 2009 for military activi- ‘‘(L) not less than 3.4 percent of such budg- (b) OFFSET.—The amount authorized to be ties of the Department of Defense, for et in fiscal year 2018; and appropriated by this division (other than the military construction, and for defense ‘‘(M) not less than 3.5 percent of such budg- amount authorized to be appropriated for de- et in fiscal year 2019 and each fiscal year fense nuclear waste disposal) is hereby re- activities of the Department of Energy, thereafter,’’; and duced by $50,000,000, with the amount of the to prescribe military personnel (2) in paragraph (2)— reduction to be allocated among the ac- strengths for such fiscal year, and for (A) by redesignating subparagraphs (A) and counts for which funds are authorized to be other purposes; which was ordered to (B) as clauses (i) and (ii), respectively, and appropriated by this division in a manner lie on the table; as follows: adjusting the margins accordingly; specified by the Secretary of Energy. On page 240, between lines 6 and 7, insert (B) by striking ‘‘A Federal agency’’ and in- the following: serting the following: SA 5469. Mr. CHAMBLISS (for him- ‘‘(A) IN GENERAL.—A Federal agency’’; and self and Mr. ISAKSON) submitted an Subtitle G—SBIR and STTR Programs (C) by adding at the end the following: amendment intended to be proposed by SEC. 861. DEFINITIONS. ‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- him to the bill S. 3001, to authorize ap- In this subtitle— MENT OF ENERGY.—For the Department of De- propriations for fiscal year 2009 for (1) the terms ‘‘Administration’’ and ‘‘Ad- fense and the Department of Energy, to the military activities of the Department ministrator’’ mean the Small Business Ad- greatest extent practicable, the increased of Defense, for military construction, ministration and the Administrator thereof, percentage of expenditures required under and for defense activities of the De- respectively; subparagraphs (D) through (M) of paragraph partment of Energy, to prescribe mili- (2) the terms ‘‘extramural budget’’, ‘‘Fed- (1) shall not be used for new Phase I or Phase eral agency’’, ‘‘Small Business Innovation II awards and shall be used for activities tary personnel strengths for such fiscal Research Program’’, ‘‘SBIR’’, ‘‘Small Busi- that further the technology readiness levels year, and for other purposes; which was ness Technology Transfer Program’’, and of technologies being developed under Phase ordered to lie on the table; as follows: ‘‘STTR’’ have the meanings given such terms II awards, including to conduct testing and At the end of subtitle F of title X, add the in section 9 of the Small Business Act (15 evaluation, in order to promote the transi- following: U.S.C. 638); and tion of such technologies into commercial or

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defense products or systems furthering the phase from another Federal agency, if the ‘‘(2) QUALIFICATION REQUIREMENTS.—The mission needs of the Department of Defense head of each relevant Federal agency or its Administrator shall establish requirements or the Department of Energy, as the case component makes a written determination relating to the affiliation by small business may be. that the topics of the relevant awards are concerns with venture capital companies, ‘‘(C) DEPARTMENT OF HEALTH AND HUMAN the same and both agencies report the which may not exclude a United States small SERVICES.—Subparagraphs (D) through (M) of awards to the Administration for inclusion business concern from participation in the paragraph (1) shall not apply to the Depart- in the public database under subsection (k). program under paragraph (1) on the basis ment of Health and Human Services. For fis- ‘‘(2) SBIR AND STTR COLLABORATION.—A that the small business concern is owned in cal year 2009, and each fiscal year thereafter, small business concern which received an majority part by, or controlled by, more the Department of Health and Human Serv- award under this section under the SBIR than 1 United States venture capital com- ices shall expend with small business con- program or the STTR program may receive pany, so long as no single venture capital cerns not less than 2.5 percent of the extra- an award under this section for a subsequent company owns more than 49 percent of the mural budget for research or research and phase in either the SBIR program or the small business concern. development of the department of Health STTR program and the participating agency ‘‘(3) REGISTRATION.—Any small business and Human Services.’’. or agencies shall report the awards to the concern that is majority owned and con- SEC. 874. STTR CAP INCREASE. Administration for inclusion in the public trolled by multiple venture capital compa- Section 9(n)(1)(B) of the Small Business database under subsection (k).’’. nies and qualified for participation in the Act (15 U.S.C. 638(n)(1)(B)) is amended— SEC. 877. ELIMINATION OF PHASE II INVITA- program authorized under paragraph (1) (1) in clause (i), by striking ‘‘and’’ at the TIONS. shall— Section 9(e) of the Small Business Act (15 end; ‘‘(A) register with the Administrator on U.S.C. 638(e)) is amended— (2) in clause (ii), by striking ‘‘thereafter.’’ the date that the small business concern sub- (1) in paragraph (4)(B), by striking ‘‘to fur- and inserting ‘‘through fiscal year 2009;’’; and mits an application for an award under the ther’’ and inserting: ‘‘not encumbered by any (3) by adding at the end the following: SBIR program; and invitation, pre-screening, pre-selection, or ‘‘(iii) 0.4 percent for fiscal years 2010 and ‘‘(B) indicate whether the small business down-selection process between the first 2011; concern is registered under subparagraph (A) phase and the second phase that will fur- in any SBIR proposal. ‘‘(iv) 0.5 percent for fiscal years 2012 and ther’’; and ‘‘(4) COMPLIANCE.—A Federal agency de- 2013; and (2) in paragraph (6)(B), by striking ‘‘to fur- ‘‘(v) 0.6 percent for fiscal year 2014 and scribed in paragraph (1) shall collect data re- ther develop proposed ideas to’’ and inserting garding the number and dollar amounts of each fiscal year thereafter.’’. ‘‘not encumbered by any invitation, pre- SEC. 875. SBIR AND STTR AWARD LEVELS. phase I, phase II, and all other categories of screening, pre-selection, or down-selection awards under the SBIR program, and the Ad- (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) process between the first phase and the sec- ministrator shall report on the data and the of the Small Business Act (15 U.S.C. ond phase that will further develop proposals compliance of each such Federal agency with 638(j)(2)(D)) is amended— which’’. (1) by striking ‘‘$100,000’’ and inserting the maximum amounts under paragraph (1) SEC. 878. MAJORITY-VENTURE INVESTMENTS IN as part of the annual report by the Adminis- ‘‘$150,000’’; and SBIR FIRMS. tration under subsection (b)(7). (2) by striking ‘‘$750,000’’ and inserting (a) IN GENERAL.—Section 9 of the Small ‘‘$1,000,000’’. Business Act (15 U.S.C. 638), as amended by ‘‘(5) ENFORCEMENT.—If a Federal agency (b) STTR ADJUSTMENTS.—Section this Act, is amended by adding at the end awards more than the amount authorized 9(p)(2)(B)(ix) of the Small Business Act (15 the following: under paragraph (1) for a purpose described U.S.C. 638(p)(2)(B)(ix)) is amended— ‘‘(cc) MAJORITY-VENTURE INVESTMENTS IN in paragraph (1), the amount awarded in ex- (1) by striking ‘‘$100,000’’ and inserting SBIR FIRMS.— cess of the amount authorized under para- ‘‘$150,000’’; and ‘‘(1) AUTHORITY AND DETERMINATION.— graph (1) shall be transferred to the funds for (2) by striking ‘‘$750,000’’ and inserting ‘‘(A) IN GENERAL.—Upon a written deter- general SBIR programs from the non-SBIR ‘‘$1,000,000’’. mination provided not later than 30 days in research and development funds of the Fed- (c) TRIENNIAL ADJUSTMENTS.—Section 9 of advance to the Administrator and to the eral agency within 60 days of the date on the Small Business Act (15 U.S.C. 638) is Committee on Small Business and Entrepre- which the Federal agency awarded more amended— neurship of the Senate and the Committee than the amount authorized under paragraph (1) in subsection (j)(2)(D)— on Small Business of the House of Represent- (1) for a purpose described in paragraph (1).’’. (A) by striking ‘‘5 years’’ and inserting ‘‘3 atives— (b) TECHNICAL AND CONFORMING AMEND- years’’; and ‘‘(i) the head of the SBIR program of the MENT.—Section 3 of the Small Business Act (B) by striking ‘‘and programmatic consid- National Institutes of Health may award not (15 U.S.C. 632) is amended by adding at the erations’’; and more than 18 percent of the SBIR funds of end the following: (2) in subsection (p)(2)(B)(ix) by striking the National Institutes of Health allocated ‘‘(t) VENTURE CAPITAL COMPANY.—In this ‘‘greater or lesser amounts to be awarded at in accordance with this Act, in the first full Act, the term ‘venture capital company’ the discretion of the awarding agency,’’ and fiscal year beginning after the date of enact- means an entity described in clause (i), (v), inserting ‘‘and an adjustment for inflation of ment of this subsection, and each fiscal year or (vi) of section 121.103(b) of title 13, Code of such amounts once every 3 years,’’. thereafter, to small business concerns that Federal Regulations (or any successor there- (d) LIMITATION ON CERTAIN AWARDS.—Sec- are owned in majority part by venture cap- to).’’. tion 9 of the Small Business Act (15 U.S.C. ital companies and that satisfy the qualifica- (c) ASSISTANCE FOR DETERMINING AFFILI- 638) is amended by adding at the end the fol- tion requirements under paragraph (2) ATES.—Not later than 30 days after the date lowing: through competitive, merit-based procedures of enactment of this Act, the Administrator ‘‘(aa) LIMITATION ON CERTAIN AWARDS.—No that are open to all eligible small business shall post on the website of the Administra- Federal agency may issue an award under concerns; and tion (with a direct link displayed on the the SBIR program or the STTR program if ‘‘(ii) the head of any other Federal agency homepage of the website of the Administra- the size of the award exceeds the award participating in the SBIR program may tion or the SBIR website of the Administra- guidelines established under this section by award not more than 8 percent of the SBIR tion)— more than 50 percent. Participating agencies funds of the Federal agency allocated in ac- (1) a clear explanation of the SBIR affili- shall maintain information on awards ex- cordance with this Act, in the first full fiscal ation rules under part 121 of title 13, Code of ceeding the guidelines, including award year beginning after the date of enactment Federal Regulations; and amounts, justification for exceeding the of this subsection, and each fiscal year there- (2) contact information for officers or em- amount, identities and locations of recipi- after, to small business concerns that are ployees of the Administration who— ents, whether a recipient has received ven- owned in majority part by venture capital (A) upon request, shall review an issue re- ture capital investment and, if so, if the re- companies and that satisfy the qualification lating to the rules described in paragraph (1); cipient is majority-owned and controlled by requirements under paragraph (2) through and multiple venture capital companies, and the competitive, merit-based procedures that are (B) shall respond to a request under sub- Administration shall include such informa- open to all eligible small business concerns. paragraph (A) not later than 20 business days tion in its annual report to Congress.’’. ‘‘(B) DETERMINATION.—A written deter- after the date on which the request is re- SEC. 876. AGENCY AND PROGRAM COLLABORA- mination under subparagraph (A) shall dem- ceived. TION. onstrate that the use of the authority under SEC. 879. SBIR AND STTR SPECIAL ACQUISITION Section 9 of the Small Business Act (15 that subparagraph will induce additional PREFERENCE. U.S.C. 638), as amended by this Act, is venture capital funding of small business in- Section 9(r) of the Small Business Act (15 amended by adding at the end the following: novations, substantially contribute to the U.S.C. 638(r)) is amended by adding at the ‘‘(bb) SUBSEQUENT PHASES.— mission of the funding Federal agency, dem- end the following: ‘‘(1) AGENCY COLLABORATION.—A small busi- onstrate a need for public research, and oth- ‘‘(4) PHASE III AWARDS.—Congress intends ness concern that received an award from a erwise fulfill the capital needs of small busi- that, to the greatest extent practicable, Fed- Federal agency under this section shall be el- ness concerns for additional financing for the eral agencies and Federal prime contractors igible to receive an award for a subsequent SBIR project. shall issue Phase III awards, including sole

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.115 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8435 source awards, to the SBIR and STTR award subsection, provide matching funds from 1393(a)(2)) of the Internal Revenue Code of recipients that developed the technology.’’. non-Federal sources in an amount that is not 1986.’’. SEC. 879A. COLLABORATING WITH FEDERAL LAB- less than 50 percent of the amount provided SEC. 882. SBIR–STEM WORKFORCE DEVELOP- ORATORIES AND RESEARCH AND DE- under this subsection. MENT GRANT PILOT PROGRAM. VELOPMENT CENTERS. ‘‘(2) PROGRAM AUTHORITY.—Of amounts (a) PILOT PROGRAM ESTABLISHED.—From Section 9 of the Small Business Act (15 made available to carry out this section for amounts made available to carry out this U.S.C. 638), as amended by this Act, is each of the fiscal years 2000 through 2014, the section, the Administrator shall establish a amended by adding at the end the following: Administrator may expend with eligible SBIR–STEM Workforce Development Grant ‘‘(dd) COLLABORATING WITH FEDERAL LAB- States not more than $5,000,000 in each such Pilot Program to encourage the business ORATORIES AND RESEARCH AND DEVELOPMENT fiscal year in order to increase the participa- community to provide workforce develop- CENTERS.— tion of small business concerns located in ment opportunities for college students, in ‘‘(1) AUTHORIZATION.—Subject to the limi- those States in the programs under this sec- the fields of science, technology, engineer- tations under this section, the head of each tion. ing, and math (in this section referred to as participating Federal agency may issue ‘‘(3) AMOUNT OF ASSISTANCE.—The amount ‘‘STEM college students’’), by providing a SBIR and STTR awards to any eligible small of assistance provided to an eligible State SBIR bonus grant. business concern that— under this subsection in any fiscal year— (b) ELIGIBLE ENTITIES DEFINED.—In this ‘‘(A) intends to enter into an agreement ‘‘(A) shall be equal to not more than 50 per- section the term ‘‘eligible entity’’ means a with a Federal laboratory or federally funded cent of the total amount of matching funds grantee receiving a grant under the SBIR research and development center for portions from non-Federal sources provided by the Program on the date of the bonus grant of the activities to be performed under that State; and under subsection (a) that provides an intern- award; or ‘‘(B) shall not exceed $100,000. ship program for STEM college students. ‘‘(B) has entered into a cooperative re- ‘‘(4) USE OF ASSISTANCE.—Assistance pro- (c) AWARDS.—An eligible entity shall re- search and development agreement (as de- vided to an eligible State under this sub- ceive a bonus grant equal to 10 percent of ei- fined in section 12(d) of the Stevenson- section shall be used by the State, in con- ther a Phase I or Phase II grant, as applica- Wydler Technology Innovation Act of 1980 (15 sultation with State and local departments ble, with a total award maximum of not U.S.C. 3710a(d))) with a Federal laboratory. and agencies, for programs and activities to more than $10,000 per year. increase the participation of small business ‘‘(2) PROHIBITION.—No Federal agency (d) EVALUATION.—Following the fourth shall— concerns located in the State in the pro- year of funding under this section, the Ad- ‘‘(A) condition a SBIR or STTR award upon grams under this section, including— ministrator shall submit a report to Con- entering into agreement with any Federal ‘‘(A) the establishment of quantifiable per- gress on the results of the SBIR–STEM laboratory or any federally funded labora- formance goals, including goals relating to Workforce Development Grant Pilot Pro- ‘‘(i) the number of program awards under tory or research and development center for gram. this section made to small business concerns any portion of the activities to be performed (e) AUTHORIZATION OF APPROPRIATIONS.— in the State; and under that award; There are authorized to be appropriated to ‘‘(ii) the total amount of Federal research ‘‘(B) approve an agreement between a carry out this section— and development contracts awarded to small small business concern receiving a SBIR or (1) $1,000,000 for fiscal year 2010; business concerns in the State; STTR award and a Federal laboratory or fed- (2) $1,000,000 for fiscal year 2011; ‘‘(B) the provision of competition outreach erally funded laboratory or research and de- (3) $1,000,000 for fiscal year 2012; support to small business concerns in the velopment center, if the small business con- (4) $1,000,000 for fiscal year 2013; and State that are involved in research and de- cern performs a lesser portion of the activi- (5) $1,000,000 for fiscal year 2014. ties to be performed under that award than velopment; ‘‘(C) the development and dissemination of SEC. 883. TECHNICAL ASSISTANCE FOR AWARD- required by this section and by the SBIR and EES. STTR Policy Directives; or educational and promotional information re- lating to the programs under this section to Section 9(q)(3) of the Small Business Act ‘‘(C) approve an agreement that violates (15 U.S.C. 638(q)(3)) is amended— any provision, including any data rights pro- small business concerns in the State; and ‘‘(D) the establishment of initiatives to (1) in subparagraph (A), by striking tections provision, of this section or the ‘‘$4,000’’ and inserting ‘‘$5,000’’; SBIR and the STTR Policy Directives. reach out to women and minorities with the goal of increasing their involvement in the (2) in subparagraph (B)— ‘‘(3) IMPLEMENTATION.—Not later than 180 (A) by striking ‘‘with funds available from days after the date of enactment of this sub- SBIR and STTR programs.’’. (b) FEDERAL AND STATE PROGRAM EXTEN- their SBIR awards’’ and inserting ‘‘which section, the Administrator shall modify the shall be in addition to the amount of the re- SBIR Policy Directive and the STTR Policy SION.—Section 34 of the Small Business Act(15 U.S.C. 657d) is amended— cipient’s award’’; Directive issued under this section to ensure (B) by striking ‘‘$4,000’’ and inserting that small business concerns— (1) in subsection (h), by striking ‘‘2001 through 2005’’ each place it appears and in- ‘‘$5,000’’; and ‘‘(A) have the flexibility to use the re- (C) by striking the period at the end and sources of the Federal laboratories and feder- serting ‘‘2009 through 2014’’; and (2) in subsection (i), by striking ‘‘2005’’ and inserting a semicolon; and ally funded research and development cen- (3) by adding at the end the following: ters; and inserting ‘‘2014’’. (c) RURAL AREAS.—Section 34(e)(2) of the ‘‘(C) FLEXIBILITY.—In carrying out sub- ‘‘(B) are not mandated to enter into agree- Small Business Act (15 U.S.C. 657d(e)(2)) is paragraphs (A) and (B), each Federal agency ment with any Federal laboratory or any amended— shall provide the allowable amounts to a re- federally funded laboratory or research and (1) by redesignating subparagraphs (C) and cipient that meets the eligibility require- development center as a condition of an (D) as subparagraphs (D) and (E), respec- ments under the applicable subparagraph, if award.’’. tively; and the recipient requests to seek technical as- SEC. 879B. NOTICE REQUIREMENT. (2) by inserting after subparagraph (B) the sistance from an individual or entity other The head of any Federal agency involved in following: than the vendor selected under paragraph (2) a case or controversy before any Federal ju- ‘‘(C) RURAL AREAS.— by the Federal agency. dicial or administrative tribunal concerning ‘‘(i) IN GENERAL.—Except as provided in ‘‘(D) LIMITATION.—A Federal agency may the SBIR program or the STTR program clause (ii), the non-Federal share of the cost not— shall provide timely notice, as determined of the activity carried out using an award or ‘‘(i) use the amounts authorized under sub- by the Administrator, of the case or con- under a cooperative agreement under this paragraph (A) or (B) unless the vendor se- troversy to the Administrator. section shall be 50 cents for each Federal dol- lected under paragraph (2) provides the tech- PART II—OUTREACH AND lar that will be directly allocated by a re- nical assistance to the recipient; or COMMERCIALIZATION INITIATIVES cipient described in paragraph (A) to serve ‘‘(ii) enter a contract with a vendor under SEC. 881. RURAL AND STATE OUTREACH. small business concerns located in a rural paragraph (2) under which the amount pro- (a) OUTREACH.—Section 9 of the Small area. vided for technical assistance is based on Business Act (15 U.S.C. 638) is amended by in- ‘‘(ii) ENHANCED RURAL AWARDS.—For a re- total number of Phase I or Phase II awards.’’. serting after subsection (r) the following: cipient located in a rural area that is located SEC. 884. COMMERCIALIZATION PILOT PROGRAM ‘‘(s) OUTREACH.— in a State described in subparagraph (A)(i), AT DEPARTMENT OF DEFENSE. ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this the non-Federal share of the cost of the ac- Section 9(y) of the Small Business Act (15 subsection, the term ‘eligible State’ means a tivity carried out using an award or under a U.S.C. 638(y)) is amended— State— cooperative agreement under this section (1) in paragraph (1)— ‘‘(A) if the total value of contracts awarded shall be 35 cents for each Federal dollar that (A) by inserting ‘‘or Small Business Tech- to the State under this section during the will be directly allocated by a recipient de- nology Transfer Program’’ after ‘‘Small most recent fiscal year for which data is scribed in paragraph (A) to serve small busi- Business Innovation Research Program’’; available was less than $5,000,000; and ness concerns located in the rural area. and ‘‘(B) that certifies to the Administration ‘‘(iii) DEFINITION OF RURAL AREA.—In this (B) by adding at the end the following: described in paragraph (2) that the State subparagraph, the term ‘rural area’ has the ‘‘The authority to create and administer a will, upon receipt of assistance under this meaning given that term in section Commercialization Pilot Program under this

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.115 S11SEPT1 smartinez on PROD1PC64 with SENATE S8436 CONGRESSIONAL RECORD — SENATE September 11, 2008 subsection may not be construed to elimi- of the fiscal year for which such application tion concerns identified in the 2007 National nate or replace any other SBIR program or is submitted; Academies of Science’s report entitled ‘An STTR program that enhances the insertion ‘‘(ii) publish such decision in the Federal Assessment of the Small Business Innova- or transition of SBIR or STTR technologies, Register; and tion Research Program at the NIH’. including any such program in effect on the ‘‘(iii) make a copy of such decision, and ‘‘(c) PILOT PROGRAM.— date of enactment of the National Defense any related materials available to the Com- ‘‘(1) IN GENERAL.—The Director of the SBIR Authorization Act for Fiscal Year 2006 (Pub- mittee on Small Business and Entrepreneur- program of the NIH may initiate a pilot pro- lic Law 109–163; 119 Stat. 3136).’’; ship of the Senate and the Committee on gram, under a formal mechanism for design- (2) in paragraph (2), by inserting ‘‘or Small Small Business of the House of Representa- ing, implementing, and evaluating pilot pro- Business Technology Transfer Program’’ tives. grams, to spur innovation and to test new after ‘‘Small Business Innovation Research ‘‘(C) MAXIMUM AMOUNT.—No award under a strategies that may enhance the develop- Program’’; pilot program may be made in excess of 2 ment of cures and therapies. (3) by redesignating paragraphs (5) and (6) times the dollar amounts generally estab- ‘‘(2) CONSIDERATIONS.—The Director of the as paragraphs (7) and (8), respectively; lished for Phase II awards under this section. SBIR program of the NIH may consider con- (4) by inserting after paragraph (4) the fol- ‘‘(D) MATCHING.—No award may be made ducting a pilot program to include individ- lowing: under a pilot program unless new private, uals with successful SBIR program experi- ‘‘(5) INSERTION INCENTIVES.—For any con- Federal non-SBIR, or Federal non-STTR ence in study sections, hiring individuals tract with a value of not less than funding which at least matches the award with small business development experience $100,000,000, the Secretary of Defense is au- from the Federal agency is dedicated to- for staff positions, separating the commer- thorized to— wards SBIR or STTR Phase II technology. cial and scientific review processes, and ex- ‘‘(A) establish goals for transitioning ‘‘(E) ELIGIBILITY.—Awards under a pilot amining the impact of the trend toward larg- Phase III technologies in subcontracting program may be made to any applicant that er awards on the overall program. plans; and is eligible to receive a Phase III award re- ‘‘(d) REPORT TO CONGRESS.—The Director of ‘‘(B) require a prime contractor on such a lated to such SBIR or STTR Phase II tech- the NIH shall submit an annual report to contract to report the number and dollar nology. Congress and the independent advisory board amount of contracts entered into by that ‘‘(F) REGISTRATION.—Applicants receiving described in subsection (a) on the activities prime contractor for Phase III SBIR or awards under a pilot program shall register of the SBIR program of the NIH under this STTR projects. with the Administrator in a publicly avail- section. ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY able registry. ‘‘(e) SBIR GRANTS AND CONTRACTS.— INSERTION .—The Secretary of Defense shall— ‘‘(G) TERMINATION.—The authority to es- ‘‘(1) IN GENERAL.—In awarding grants and ‘‘(A) set a goal to increase the number of tablish a pilot program under this section contracts under the SBIR program of the Phase II SBIR contracts and the number of expires at the end of fiscal year 2014.’’. NIH each SBIR program manager shall place Phase II STTR contracts awarded by that SEC. 886. NANOTECHNOLOGY INITIATIVE. an emphasis on applications that identify Secretary that lead to technology transition from the onset products and services that into programs of record or fielded systems; (a) IN GENERAL.—Section 9 of the Small Business Act (15 U.S.C. 638), as amended by may enhance the development of cures and ‘‘(B) use incentives in effect on the date of therapies. enactment of the National Defense Author- this Act, is amended by adding at the end the following: ‘‘(2) EXAMINATION OF COMMERCIALIZATION ization Act for Fiscal Year 2009, or create AND OTHER METRICS.—The independent advi- new incentives, to encourage agency pro- ‘‘(ff) NANOTECHNOLOGY INITIATIVE.—Each Federal agency participating in the SBIR or sory board described in subsection (a) shall gram managers and prime contractors to evaluate the implementation of the require- meet the goal under subparagraph (A); and STTR program shall encourage the submis- sion of applications for support of ment under paragraph (1) by examining in- ‘‘(C) include in the annual report to Con- creased commercialization and other gress the percentage of contracts described nanotechnology related projects to such pro- gram.’’. metrics, to be determined and collected by in subparagraph (A) awarded by that Sec- the SBIR program of the NIH. retary, which shall include information on (b) SUNSET.—Effective October 1, 2014, sub- section (ff) of the Small Business Act, as ‘‘(3) PHASE I AND II.—To the greatest extent the ongoing status of projects funded practicable, the Director of the SBIR pro- through the Commercialization Pilot Pro- added by subsection (a) of this section, is re- pealed. gram of the NIH shall reduce the time period gram and efforts to transition these tech- between Phase I and Phase II funding of nologies into programs of record or fielded SEC. 887. ACCELERATING CURES. The Small Business Act (15 U.S.C. 631 et grants and contracts under the SBIR pro- systems.’’; and gram of the NIH to 6 months. (5) in paragraph (8), as so redesignated, by seq.) is amended— ‘‘(f) LIMIT.—Not more than a total of 1 per- striking ‘‘fiscal year 2009’’ and inserting ‘‘fis- (1) by redesignating section 44 as section 45; and cent of the extramural budget (as defined in cal year 2014’’. section 9 of the Small Business Act (15 U.S.C. SEC. 885. COMMERCIALIZATION PILOT PROGRAM (2) by inserting after section 43 the fol- lowing: 638)) of the NIH for research or research and FOR CIVILIAN AGENCIES. development may be used for the pilot pro- Section 9 of the Small Business Act (15 ‘‘SEC. 44. SMALL BUSINESS INNOVATION RE- grams under subsection (c) and to carry out U.S.C. 638), as amended by this Act, is SEARCH PROGRAM. subsection (e). amended by adding at the end the following: ‘‘(a) NIH CURES PILOT.— ‘‘(g) SUNSET.—This section shall cease to ‘‘(ee) PILOT PROGRAM.— ‘‘(1) ESTABLISHMENT.—An independent ad- be effective on the date that is 5 years after ‘‘(1) AUTHORIZATION.—Except for the De- visory board shall be established at the Na- the date of enactment of the National De- partment of Defense, the head of each par- tional Academy of Sciences to conduct peri- fense Authorization Act for Fiscal Year ticipating Federal agency may set aside not odic evaluations of the SBIR program (as 2009.’’. more than 10 percent of the SBIR and STTR that term is defined in section 9) of all the funds of such agency for further technology National Institutes of Health (referred to in PART III—OVERSIGHT AND EVALUATION development, testing, and evaluation of this section as the ‘NIH’) institutes and cen- SEC. 891. STREAMLINING ANNUAL EVALUATION SBIR and STTR Phase II technologies (in ters for the purpose of improving the man- REQUIREMENTS. this section referred to as a ‘pilot program’). agement of the SBIR program through data- Section 9(b) of the Small Business Act (15 ‘‘(2) REQUIREMENTS.— driven assessment. U.S.C. 638(b)), as amended by section 872 of ‘‘(A) IN GENERAL.—A Federal agency may ‘‘(2) MEMBERSHIP.— this Act, is amended— not establish a pilot program unless such ‘‘(A) IN GENERAL.—The advisory board shall (1) in paragraph (7)— agency makes a written application to the consist of— (A) by striking ‘‘STTR programs, including Administrator, not less than 90 days prior to ‘‘(i) the Director of the NIH, the Director the data’’ and inserting the following: the beginning of the fiscal year in which of the SBIR program, senior NIH agency ‘‘STTR programs, including— such pilot program is to be established, managers, industry experts, and other pro- ‘‘(A) the data’’; based on a compelling reason that additional gram stakeholders; and (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), investment in SBIR or STTR technologies is ‘‘(ii) awardees under the SBIR program of the number’’ and all that follows through required due to unusually high regulatory, the NIH. ‘‘under each of the SBIR and STTR pro- systems integration, or other costs relating ‘‘(B) EQUAL REPRESENTATION.—The number grams, and a description’’ and inserting the to development or manufacturing of identifi- of members of the advisory board described following: ‘‘(g)(8) and (o)(9); and able, highly promising small business tech- in clause (i) of subparagraph (A) shall be ‘‘(B) the number of proposals received nologies or a class of such technologies ex- equal to the number of members of the advi- from, and the number and total amount of pected to substantially advance the agency’s sory board described in clause (ii) of subpara- awards to, HUBZone small business concerns mission. graph (A). and firms with venture capital investment ‘‘(B) DETERMINATION.—The Administrator ‘‘(b) ADDRESSING DATA GAPS.—In order to (including those majority owned and con- shall— enhance the evidence-base guiding SBIR pro- trolled by multiple venture capital firms) ‘‘(i) make a determination regarding an ap- gram decisions and changes, the Director of under each of the SBIR and STTR programs; plication submitted under subparagraph (A) the SBIR program of the NIH shall address ‘‘(C) a description of the extent to which not later than 30 days before the beginning the gaps and deficiencies in the data collec- each Federal agency is increasing outreach

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.115 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8437 and awards to firms owned and controlled by ‘‘(i) has venture capital or is majority nology, which shall be collected on an an- women and minorities under each of the owned and controlled by multiple venture nual basis; SBIR and STTR programs; capital firms, and, if so— ‘‘(iii) the names and locations of any affili- ‘‘(D) general information about the imple- ‘‘(I) the amount of venture capital that the ates of the awardee; mentation and compliance with the alloca- applicant or awardee has received as of the ‘‘(iv) the number of employees of the tion of funds for firms majority owned and date of the application or award, as applica- awardee; controlled by multiple venture capital firms ble; and ‘‘(v) the number of employees of the affili- under each of the SBIR and STTR programs; ‘‘(II) the amount of additional capital that ates of the awardee; and ‘‘(E) a detailed description of appeals of the applicant or awardee has invested in the ‘‘(vi) the names and percentage of owner- Phase III awards and notices of noncompli- SBIR technology, which shall be collected on ship of the awardee held by— ance with the SBIR and the STTR Policy Di- an annual basis; ‘‘(I) an individual who is not a citizen of rectives filed by the Administrator with Fed- ‘‘(ii) has an investor who— the United States or a lawful permanent eral agencies; and ‘‘(I) is an individual who is not a citizen of resident of the United States; or ‘‘(F) a description’’; and the United States or a lawful permanent ‘‘(II) a person that is not an individual and (2) by inserting after paragraph (7) the fol- resident of the United States, and if so, the is not organized under the laws of a State or lowing: name of any such individual; or the United States;’’; and ‘‘(8) to coordinate the implementation of ‘‘(II) is a person that is not an individual (3) in subparagraph (D), as so redesig- electronic databases at each of the partici- and is not organized under the laws of a nated— pating agencies, including the technical abil- State or the United States, and if so the (A) in clause (ii), by striking ‘‘and’’ at the ity of the participating agencies to elec- name of any such person; end; and tronically share data;’’. ‘‘(iii) is owned by a woman or has a woman (B) by adding at the end, the following: SEC. 892. DATA COLLECTION FROM AGENCIES as a principal investigator; ‘‘(iv) whether the applicant was majority FOR SBIR. ‘‘(iv) is owned by a minority or has a mi- owned and controlled by multiple venture Section 9(g) of the Small Business Act (15 nority as a principal investigator; capital firms; and U.S.C. 638(g)) is amended— ‘‘(v) received assistance under the FAST ‘‘(v) the number of employees of the appli- (1) by striking paragraph (10); program under section 34 or the outreach cant;’’. (2) by redesignating paragraphs (8) and (9) program under subsection (s); or SEC. 896. ACCURACY IN FUNDING BASE CALCULA- as paragraphs (9) and (10), respectively; ‘‘(vi) is university faculty or a university TIONS. (3) by inserting after paragraph (7) the fol- student; and (a) IN GENERAL.—Not later than 1 year lowing: ‘‘(B) a justification statement from the after the date of enactment of this Act, and ‘‘(8) collect, and maintain in a common agency, if an awardee receives an award in every 3 years thereafter, the Comptroller format in accordance with the simplified re- an amount that is more than the award General of the United States shall— porting requirements under subsection (v), guidelines under this section;’’; (1) conduct a fiscal and management audit such information from awardees as is nec- (2) in paragraph (14), by adding ‘‘and’’ at of the SBIR program and the STTR program essary to assess the SBIR program, including the end; for the applicable period to determine information necessary to maintain the data- (3) by striking paragraph (15); and whether Federal agencies are complying base described in subsection (k), including— (4) by redesignating paragraph (16) as para- with the allocation requirements of this part ‘‘(A) whether an awardee— graph (15). and the amendments made by this part; ‘‘(i) has venture capital or is majority SEC. 894. PUBLIC DATABASE. (2) assess the extent of compliance with owned and controlled by multiple venture Section 9(k)(1) of the Small Business Act the requirements of subparagraphs (A) and capital firms, and, if so— (15 U.S.C. 638(k)(1)) is amended— (B) of section 9(i)(2) of the Small Business ‘‘(I) the amount of venture capital that the (1) in subparagraph (D), by striking ‘‘and’’ Act (15 U.S.C. 638(i)(2)) by participating awardee has received as of the date of the at the end; agencies and the Administration; award; and (2) in subparagraph (E), by striking the pe- (3) assess whether it would be more con- ‘‘(II) the amount of additional capital that riod at the end and inserting ‘‘; and’’; and sistent and effective to base the amount of the awardee has invested in the SBIR tech- (3) by adding at the end the following: the allocations under the SBIR program and nology, which shall be collected on an an- ‘‘(F) for each small business concern that the STTR program on a percentage of the re- nual basis; has received a Phase I or Phase II SBIR or search and development budget of a Federal ‘‘(ii) has an investor who— STTR award from a Federal agency, whether agency, rather than the extramural budget ‘‘(I) is an individual who is not a citizen of the small business concern— of the Federal agency; the United States or a lawful permanent ‘‘(i) has venture capital and, if so, whether (4) determine the portion of the extramural resident of the United States, and if so, the the small business concern is registered as research or research and development budget name of any such individual; or majority owned and controlled by multiple of a Federal agency that each Federal agen- ‘‘(II) is a person that is not an individual venture capital companies as required under cy is spending for administrative purposes and is not organized under the laws of a subsection (cc)(3); relating to the SBIR program or STTR pro- State or the United States, and if so the ‘‘(ii) is owned by a woman or has a woman gram, and for what specific purposes, includ- name of any such person; as a principal investigator; ing whether and, if so, the portion of such ‘‘(iii) is owned by a woman or has a woman ‘‘(iii) is owned by a minority or has a mi- budget the Federal agency is spending for as a principal investigator; nority as a principal investigator; salaries and expenses, travel to visit appli- ‘‘(iv) is owned by a minority or has a mi- ‘‘(iv) received assistance under the FAST cants, outreach events, marketing, and tech- nority as a principal investigator; program under section 34 or the outreach nical assistance; and ‘‘(v) received assistance under the FAST program under subsection (s); or (5) submit a report to the Committee on program under section 34 or the outreach ‘‘(v) is owned by university faculty or a Small Business and Entrepreneurship of the program under subsection (s); or university student.’’. Senate and the Committee on Small Busi- ‘‘(vi) is university faculty or a university SEC. 895. GOVERNMENT DATABASE. ness of the House of Representatives regard- student; and Section 9(k)(2) of the Small Business Act ing the audit conducted under paragraph (1), ‘‘(B) a justification statement from the (15 U.S.C. 638(k)(2)) is amended— the assessments required under paragraphs agency, if an awardee receives an award in (1) by redesignating subparagraphs (C), (D), (2) and (3), and the determination made an amount that is more than the award and (E) as subparagraphs (D), (E), and (F), re- under paragraph (4). guidelines under this section;’’; and spectively; (b) DEFINITION OF APPLICABLE PERIOD.—In (4) in paragraph (10), as so redesignated, by (2) by inserting after subparagraph (B) the this section, the term ‘‘applicable period’’ adding ‘‘and’’ at the end. following: means— SEC. 893. DATA COLLECTION FROM AGENCIES ‘‘(C) includes, for each awardee— (1) for the first report submitted under this FOR STTR. ‘‘(i) the name, size, location, and any iden- section, the period beginning on October 1, Section 9(o) of the Small Business Act (15 tifying number assigned by the Administra- 2000, and ending on September 30 of the last U.S.C. 638(o)) is amended— tion; full fiscal year before the date of enactment (1) by striking paragraph (9) and inserting ‘‘(ii) whether the awardee has venture cap- of this Act for which information is avail- the following: ital, and, if so— able; and ‘‘(9) collect, and maintain in a common ‘‘(I) the amount of venture capital as of the (2) for the second and each subsequent re- format in accordance with the simplified re- date of the award; port submitted under this section, the pe- porting requirements under subsection (v), ‘‘(II) the percentage of ownership of the riod— such information from applicants and award- awardee held by a venture capital firm, in- (A) beginning on October 1 of the first fis- ees as is necessary to assess the STTR pro- cluding whether the awardee is majority cal year after the end of the most recent full gram outputs and outcomes, including infor- owned and controlled by multiple venture fiscal year relating to which a report under mation necessary to maintain the database capital firms; and this section was submitted; and described in subsection (k), including— ‘‘(III) the amount of additional capital that (B) ending on September 30 of the last full ‘‘(A) whether an applicant or awardee— the awardee has invested in the SBIR tech- fiscal year before the date of the report.

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.115 S11SEPT1 smartinez on PROD1PC64 with SENATE S8438 CONGRESSIONAL RECORD — SENATE September 11, 2008 SEC. 897. CONTINUED EVALUATION BY THE NA- PART IV—POLICY DIRECTIVES ‘‘330a. Special pay: members of the uni- TIONAL ACADEMY OF SCIENCES. formed services whose service SEC. 899. CONFORMING AMENDMENTS TO THE Section 108 of the Small Business Reau- SBIR AND THE STTR POLICY DIREC- on active duty is extended by a thorization Act of 2000 (Public Law 106–554; TIVES. stop-loss order or similar mech- anism.’’. 114 Stat. 2763A–671) is amended by adding at (a) IN GENERAL.—Not later than 180 days the end the following: after the date of enactment of this Act, the (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as of XTENSIONS AND ENHANCEMENTS OF AU- Administrator shall promulgate amend- ‘‘(e) E October 1, 2001. THORITY.— ments to the SBIR Policy Directive and the ‘‘(1) IN GENERAL.—Not later than 6 months STTR Policy Directive to conform such di- after the date of enactment of the National rectives to this subtitle and the amendments SA 5472. Mr. DURBIN submitted an Defense Authorization Act for Fiscal Year made by this subtitle. amendment intended to be proposed by 2009, the head of each agency described in (b) PUBLISHING SBIR POLICY DIRECTIVE AND him to the bill S. 3001, to authorize ap- subsection (a), in consultation with the THE STTR POLICY DIRECTIVE IN THE FEDERAL propriations for fiscal year 2009 for Small Business Administration, shall coop- REGISTER.—The Administration shall publish military activities of the Department eratively enter into an agreement with the the amended SBIR Policy Directive and the of Defense, for military construction, National Academy of Sciences for the Na- amended STTR Policy Directive in the Fed- and for defense activities of the De- tional Research Council to conduct a study eral Register. described in subsection (a)(1) and make rec- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal ommendations described in subsection (a)(2) SA 5471. Mr. LAUTENBERG (for him- not later than 4 years after the date of enact- year, and for other purposes; which was self, Mr. CASEY, and Mr. MENENDEZ) ment of the National Defense Authorization ordered to lie on the table; as follows: Act for Fiscal Year 2009, and every 4 years submitted an amendment intended to be proposed by him to the bill S. 3001, At the end of subtitle G of title X, add the thereafter. following: ‘‘(2) REPORTING.—An agreement under to authorize appropriations for fiscal paragraph (1) shall require that not later year 2009 for military activities of the SEC. 1083. DEMONSTRATION PROJECT ON SERV- ICE OF RETIRED MILITARY NURSES than 4 years after the date of enactment of Department of Defense, for military AS FACULTY OF CIVILIAN NURSING the National Defense Authorization Act for construction, and for defense activities SCHOOLS. Fiscal Year 2009, and every 4 years there- of the Department of Energy, to pre- (a) DEMONSTRATION PROJECT AUTHORIZED.— after, the National Research Council shall scribe military personnel strengths for The Secretary of Defense may conduct a submit to the head of the agency entering such fiscal year, and for other pur- demonstration project to assess the into the agreement, the Committee on Small feasability and advisability of encouraging Business and Entrepreneurship of the Sen- poses; which was ordered to lie on the table; as follows: retired military nurses to serve as faculty at ate, and the Committee on Small Business of civilian nursing schools. the House of Representatives a report re- At the end of subtitle B of title VI, add the (b) ELIGIBILITY REQUIREMENTS.— garding the study conducted under para- following: (1) RETIRED MILITARY NURSES.—An indi- graph (1) and containing the recommenda- vidual is eligible to participate in the dem- tions described in paragraph (1).’’. SEC. 620. MONTHLY SPECIAL PAY FOR MEMBERS OF THE UNIFORMED SERVICES onstration project if the individual— SEC. 898. TECHNOLOGY INSERTION REPORTING WHOSE SERVICE ON ACTIVE DUTY IS (A) is a retired nurse corps officer of an REQUIREMENTS. EXTENDED BY A STOP-LOSS ORDER Armed Force; OR SIMILAR MECHANISM. Section 9 of the Small Business Act (15 (B) has at least 20 years of active service as (a) PAY REQUIRED.— U.S.C. 638), as amended by this Act, is a commissioned officer in the Armed Forces (1) IN GENERAL.—Subchapter I of chapter 5 amended by adding at the end the following: before retiring from the Armed Forces; and of title 37, United States Code, is amended by (C) possesses a doctoral or master degree in ‘‘(gg) PHASE III REPORTING.—The annual adding at the end the following new section: nursing that qualifies the officer to become SBIR or STTR report to Congress by the Ad- ‘‘§ 330a. Special pay: members of the uni- a full-time faculty member of an accredited ministration under subsection (b)(7) shall in- formed services whose service on active school of nursing. clude, for each Phase III award by the Fed- duty is extended by a stop-loss order or (2) CIVILIAN NURSING SCHOOLS.—A school of eral agency— similar mechanism nursing is eligible to participate in the dem- ‘‘(1) the name of the contracting agency; onstration project if— ‘‘(2) the identity of the agency or company ‘‘(a) SPECIAL PAY.—A member of the uni- (A) the school is an accredited school of making the Phase III award; formed services entitled to basic pay whose nursing; and ‘‘(3) the identity of the company or indi- enlistment or period of obligated service is (B) the school, or its parent institution of vidual receiving the Phase III award; extended, or whose eligibility for retirement higher education— ‘‘(4) the dollar amount of the Phase III is suspended, pursuant to the exercise of an (i) is a school of nursing that is accredited award; and authority referred to in subsection (b) is en- to award, at a minimum, a bachelor of ‘‘(5) the Federal agency, or component of a titled while on active duty during the period science in nursing and provides educational Federal agency, making the Phase III of such extension or suspension to special programs leading to such degree; award.’’. pay in the amount specified in subsection (c). (ii) has a resident Senior Reserve Officer ‘‘(b) AUTHORITIES.—An authority referred Training Corps unit that fulfils the require- SEC. 898A. INTELLECTUAL PROPERTY PROTEC- to in this section is an authority for the ex- TIONS. ments of sections 2101 and 2102 of title 10, tension of an enlistment or period of obli- United States Code; (a) IN GENERAL.—The Comptroller General gated service, or for suspension of eligibility (iii) does not prevent access to the Senior of the United States shall conduct a study of for retirement, of a member of the uniformed Reserve Officer Training Corps or military the SBIR program to assess whether— services under a provision of law as follows: recruiting on campus in a manner which (1) Federal agencies are adhering to the ‘‘(1) Section 123 of title 10. would lead to a denial of Federal funds under data rights protections for SBIR awardees ‘‘(2) Section 12305 of title 10. section 983 of title 10, United States Code; and the technologies of SBIR awardees; ‘‘(3) Any other provision of law (commonly (iv) provides any retired nurse corps officer (2) the laws and policy directives intended referred to as a ‘stop-loss authority’) author- participating in the demonstration project a to clarify the scope of data rights, including izing the President to extend an enlistment salary and other compensation at the level in prototypes and mentor-prote´ge´ relation- or period of obligated service, or suspend an to which other similarly situated faculty ships and agreements with Federal labora- eligibility for retirement, of a member of the members of the accredited school of nursing tories, are sufficient to protect SBIR award- uniformed services in time of war or of na- are entitled, as determined by the Secretary ees; and tional emergency declared by Congress or of Defense; and (3) there is an effective grievance tracking the President. (v) agrees to comply with the requirements process for SBIR awardees who have griev- ‘‘(c) MONTHLY AMOUNT.—The amount of of subsection (d). ances against a Federal agency regarding special pay specified in this subsection is (c) EMPLOYMENT OF RETIRED MILITARY data rights and a process for resolving those $200 per month. NURSES.—The Secretary of Defense may au- grievances. ‘‘(d) CONSTRUCTION WITH OTHER PAYS.— thorize a Secretary of a military department (b) REPORT.—Not later than 18 months Special pay payable under this section is in to authorize qualified schools of nursing (as after the date of enactment of this Act, the addition to any other pay payable to mem- described in subsection (b)(2)) to employ as Comptroller General shall submit to the bers of the uniformed services by law.’’. faculty eligible individuals (as described in Committee on Small Business and Entrepre- (2) CLERICAL AMENDMENT.—The table of subsection (b)(1)) who are receiving retired neurship of the Senate and the Committee sections at the beginning of chapter 5 of such pay, whose qualifications are approved by on Small Business of the House of Represent- title is amended by inserting after the item the Secretary of the military department atives a report regarding the study con- relating to section 330 the following new and the school of nursing, and who request ducted under subsection (a). item: such employment, subject to the following:

VerDate Aug 31 2005 05:46 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.115 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8439 (1) A retired nurse corps officer so em- intended to be proposed by him to the of the National Defense Authorization Act ployed is entitled to receive the officer’s re- bill S. 3001, to authorize appropriations for Fiscal Year 2008 (Public Law 110–181; 122 tired pay without reduction by reason of any for fiscal year 2009 for military activi- Stat. 385) is amended by inserting after ‘‘the additional amount paid to the officer by the ties of the Department of Defense, for appropriate congressional committees’’ the school of nursing. In the case of payment of following: ‘‘, the majority leader and minor- any such additional amount by the school of military construction, and for defense ity leader of the Senate, and the Speaker of nursing, the Secretary of the military de- activities of the Department of Energy, the House of Representatives and the minor- partment concerned may pay the school the to prescribe military personnel ity leader of the House of Representatives’’. amount equal to one-half the amount paid to strengths for such fiscal year, and for the retired officer by the institution for any other purposes; which was ordered to SA 5474. Mr. VITTER submitted an period, up to a maximum of one-half of the lie on the table; as follows: amendment intended to be proposed by difference between the officer’s retired pay On page 360, after line 20, add the fol- him to the bill S. 3001, to authorize ap- for that period and the active duty pay and lowing: propriations for fiscal year 2009 for allowances that the officer would have re- SEC. 1233. REPORTS ON ENHANCING SECURITY military activities of the Department ceived for that period if on active duty. Pay- AND STABILIZATION IN THE REGION of Defense, for military construction, ments by the Secretary of the military de- ALONG THE BORDER OF AFGHANI- partment concerned under this paragraph STAN AND PAKISTAN. and for defense activities of the De- shall be made from funds specifically appro- (a) ADDITIONAL REPORTS REQUIRED.—Sub- partment of Energy, to prescribe mili- priated for that purpose. section (a) of section 1232 of the National De- tary personnel strengths for such fiscal (2) Notwithstanding any other provision of fense Authorization Act for Fiscal Year 2008 year, and for other purposes; which was law, a retired nurse corps officer so employed (Public Law 110–181; 122 Stat. 392) is amend- ordered to lie on the table; as follows: shall not, while so employed, be considered ed— At the end of subtitle B of title VIII, add to be on active duty or inactive duty train- (1) in paragraph (1)— the following: (A) in the paragraph heading, by striking ing in the Armed Forces for any purpose. SEC. 815. BUY AMERICAN REQUIREMENTS FOR (d) SCHOLARSHIPS FOR NURSE OFFICER CAN- ‘‘IN GENERAL’’ and inserting ‘‘INITIAL RE- MILK AND POWDERED MILK PROD- DIDATES.—For purposes of the eligibility of PORT’’; and UCTS. an institution under subsection (b)(2)(B)(v), (B) by inserting after ‘‘the appropriate con- Section 2533a(a) of title 10, United States the following requirements apply: gressional committees’’ the following: ‘‘, the Code, is amended by adding at the end the (1) The school of nursing shall provide full majority leader and minority leader of the following new paragraph: academic scholarships to individuals under- Senate, and the Speaker of the House of Rep- ‘‘(3) Milk or powdered milk products.’’. taking an educational program at the school resentatives and the minority leader of the of nursing leading to a bachelor of science in House of Representatives’’; SA 5475. Mr. WARNER submitted an nursing degree who agree, upon completion (2) by striking paragraph (4); amendment intended to be proposed by of such program and subject to such terms (3) by redesignating paragraph (3) as para- him to the bill S. 3001, to authorize ap- and conditions as the Secretary of Defense graph (4); and propriations for fiscal year 2009 for shall prescribe for purposes of this section, (4) by inserting after paragraph (2) the fol- military activities of the Department to accept a commission as an officer in the lowing new paragraph: nurse corps of an Armed Force. ‘‘(3) SUBSEQUENT REPORTS.—Concurrent of Defense, for military construction, (2) The total number of scholarships pro- with the submission of each report sub- and for defense activities of the De- vided by a school of nursing under paragraph mitted under section 1230 after the date of partment of Energy, to prescribe mili- (1) shall be equivalent to the number of re- the enactment of the National Defense Au- tary personnel strengths for such fiscal tired nurse corps officers who elect to serve thorization Act for Fiscal Year 2009, the Sec- year, and for other purposes; which was as faculty at the school under the dem- retary of Defense, in consultation with the ordered to lie on the table; as follows: onstration project. Secretary of State, shall submit to the ap- At the end of subtitle D of title III, the fol- (e) REPORT.— propriate congressional defense committees, lowing: (1) IN GENERAL.—Not later than 24 months the majority leader and minority leader of SEC. 332. REPORT ON EQUIPPING MILITARY AIR- after the commencement of the demonstra- the Senate, and the Speaker of the House of CRAFT WITH LASER-BASED COUN- tion project, the Secretary of Defense shall Representatives and the minority leader of TERMEASURES FOR THE PROTEC- submit to the congressional defense commit- the House of Representatives a report on en- TION OF SUCH AIRCRAFT. tees a report on the demonstration project. hancing security and stability in the region Not later than 180 days after the date of (2) ELEMENTS.—The report under paragraph along the border of Afghanistan and Paki- the enactment of this Act, the Secretary of (1) shall include the following: stan. Each such report shall include the fol- Defense shall submit to the congressional de- (A) A description of the demonstration lowing: fense committees a report on the plans of the project under this section. ‘‘(A) A detailed description of the efforts Department of Defense for equipping fixed (B) The current number of retired nurse by the Government of Pakistan to achieve wing and rotary wing military aircraft with corps officers who are eligible to participate the following objectives: laser-based countermeasures for the protec- in the demonstration project. ‘‘(i) Eliminate safe havens for Taliban, Al tion of such aircraft. The report shall in- (C) The number of retired nurse corps offi- Qaeda, and other violent extremist forces on clude a description of the plans of the De- cers participating in the demonstration the national territory of Pakistan. partment to consider technologies other project. ‘‘(ii) Prevent the movement of such forces than Advanced Threat Infrared Counter- (D) The number of schools of nursing par- across the border of Pakistan into Afghani- measure systems to provide a functional, ticipating in the demonstration project. stan to engage in insurgent or terrorist ac- laser-based infrared countermeasure capa- (E) The number of scholarships awarded to tivities. bility for both fixed wing and rotary wing nurse officer candidates under the dem- ‘‘(B) An assessment of the Secretary of De- aircraft. onstration project. fense as to whether Pakistan is making sub- (F) The number, if any, of nurse officer stantial and sustained efforts to achieve the SA 5476. Mr. LAUTENBERG (for him- candidates who participated in the dem- objectives specified in subparagraph (A). self, Mr. SMITH, Mr. INOUYE, and Mr. onstration project who have accessed into ‘‘(C) A description of any peace agreements STEVENS) submitted an amendment in- the Armed Forces as a commissioned nurse between the Government of Pakistan and tended to be proposed by him to the corps officer, and the number, if any, of tribal leaders from regions along the Afghan- bill S. 3001, to authorize appropriations nurse officer candidates who participated in istan-Pakistan border that contain commit- for fiscal year 2009 for military activi- the demonstration project and did not access ments to prevent cross-border incursions ties of the Department of Defense, for into the Armed Forces as a commissioned into Afghanistan and any mechanisms in nurse corps officer. such agreements to enforce such commit- military construction, and for defense (G) The amount, if any, of Federal funds ments. activities of the Department of Energy, expended on the demonstration project. ‘‘(D) An assessment of the effectiveness of to prescribe military personnel (H) Such recommendations as the Sec- such peace agreements in preventing cross- strengths for such fiscal year, and for retary of Defense considers appropriate re- border incursions into Pakistan and of the other purposes; which was ordered to garding the extension or expansion of the Government of Pakistan in enforcing those lie on the table; as follows: demonstration project. agreements.’’. At the appropriate place, insert the fol- (f) DEFINITIONS.—In this section, the terms (b) EXTENSION OF NOTIFICATION REQUIRE- lowing: ‘‘school of nursing’’ and ‘‘accredited’’ have MENT RELATING TO DEPARTMENT OF DEFENSE the meeting given such terms in section 801 COALITION SUPPORT FUNDS FOR PAKISTAN.— DIVISION —MARITIME of the Public Health Service Act (42 U.S.C. Subsection (b)(5) of such section is amended ADMINISTRATION 296). by striking ‘‘September 30, 2009’’ and insert- SEC. 1. SHORT TITLE; TABLE OF CONTENTS. ing ‘‘September 30, 2010’’. (a) SHORT TITLE.—This division may be SA 5473. Mr. LEVIN (for himself and (c) SUBMISSION OF AFGHANISTAN REPORT TO cited as the ‘‘Maritime Administration Act Mr. WARNER) submitted an amendment CONGRESSIONAL LEADERSHIP.—Section 1230(a) for Fiscal Year 2009’’.

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(b) TABLE OF CONTENTS.—The table of con- (b) MATTERS TO BE SPECIFIED IN POLICY.— (A) The number of sexual assaults, rapes, tents for this division is as follows: The policy on sexual harassment and sexual and other sexual offenses involving cadets or Sec. 1. Short title; table of contents. violence prescribed under this section shall other Academy personnel that have been re- Sec. 2. Adjunct professors at the Merchant include— ported to Academy officials during the pro- Marine Academy. (1) a program to promote awareness of the gram year and, of those reported cases, the Sec. 3. Actions to address sexual harassment incidence of rape, acquaintance rape, and number that have been substantiated. and violence at the Academy. other sexual offenses of a criminal nature (B) The policies, procedures, and processes Sec. 4. Gifts to the Academy. that involve cadets or other Academy per- implemented by the Superintendent and the Sec. 5. Temporary appointments to the sonnel; leadership of the Academy in response to Academy. (2) procedures that a cadet should follow in sexual harassment and sexual violence in- Sec. 6. Riding gang member requirements. the case of an occurrence of sexual harass- volving cadets or other Academy personnel Sec. 7. Assistance for small shipyards and ment or sexual violence, including— during the program year. maritime communities. (A) a specification of the person or persons (C) A plan for the actions that are to be Sec. 8. Student incentive payment program. to whom an alleged occurrence of sexual har- taken in the following Academy program Sec. 9. Marine war risk insurance. assment or sexual violence should be re- year regarding prevention of and response to Sec. 10. MARAD consultation on Jones Act ported by a cadet and the options for con- sexual harassment and sexual violence in- waivers. fidential reporting; volving cadets or other Academy personnel. Sec. 11. Vessel traffic risk assessments. (B) a specification of any other person (3) Each report under paragraph (1) for an Sec. 12. Small vessel exception from defini- whom the victim should contact; and Academy program year that begins in an tion of fish processing vessel. (C) procedures on the preservation of evi- odd-numbered calendar year shall include Sec. 13. Transportation in American vessels dence potentially necessary for proof of the results of the survey conducted in that of government personnel and criminal sexual assault; program year under subsection (c)(2). certain cargoes. (3) a procedure for disciplinary action in (4)(A) The Superintendent shall transmit Sec. 14. Exclusion of certain employee bene- cases of alleged criminal sexual assault in- to the Secretary, and to the Board of Visi- fits for individuals in the rec- volving a cadet or other Academy personnel; tors of the Academy, each report received by reational marine industry. (4) any other sanction authorized to be im- the Superintendent under this subsection, Sec. 15. Authorization of appropriations for posed in a substantiated case of sexual har- together with the Superintendent’s com- fiscal year 2009. assment or sexual violence involving a cadet ments on the report. Sec. 16. Enforcement of maritime cabotage or other Academy personnel in rape, ac- (B) The Secretary shall transmit each such laws. quaintance rape, or any other criminal sex- report, together with the Secretary’s com- SEC. 2. ADJUNCT PROFESSORS AT THE MER- ual offense, whether forcible or nonforcible; ments on the report, to the Senate Com- CHANT MARINE ACADEMY. and mittee on Commerce, Science, and Transpor- (a) IN GENERAL.—If the Secretary of Trans- (5) required training on the policy for all tation and the House of Representatives portation determines that there is a tem- cadets and other Academy personnel, includ- Committee on Transportation and Infra- porary need for adjunct professors at the ing the specific training required for per- structure. United States Merchant Marine Academy, sonnel who process allegations of sexual har- the Secretary may execute personal service SEC. 4. GIFTS TO THE ACADEMY. assment or sexual violence involving Acad- contracts with adjunct professors to meet (a) IN GENERAL.—Chapter 513 of title 46, emy personnel. United States Code, is amended by adding at that need. the end thereof the following: (b) LIMITATIONS.— (c) ANNUAL ASSESSMENT.— (1) NUMBER.—The Secretary may not exe- (1) The Secretary shall direct the Super- ‘‘§ 51315. Gifts to the Merchant Marine Acad- cute such contracts with more than 25 indi- intendent to conduct an assessment at the emy viduals under subsection (a) to provide serv- Academy during each Academy program ‘‘(a) In General.—The Maritime Adminis- ice as adjunct professors during any tri- year, to be administered by the Department trator may accept and use conditional or un- mester of academic year 2008–2009. of Transportation, to determine the effec- conditional gifts of money or property for (2) CONTRACT TERM.—The Secretary may tiveness of the policies, training, and proce- the benefit of the United States Merchant not execute a personal service contract dures of the Academy with respect to sexual Marine Academy, including acceptance and under subsection (a) for a term that expires harassment and sexual violence involving use for non-appropriated fund instrumental- later than the end of academic year 2008– Academy personnel. ities of the Merchant Marine Academy. The 2009. (2) For the assessment at the Academy Maritime Administrator may accept a gift of (c) SUNSET.—The authority of the Sec- under paragraph (1) with respect to an Acad- services in carrying out the Administrator’s retary to execute a personal service contract emy program year that begins in an odd- duties and powers. Property accepted under under subsection (a) shall terminate at the numbered calendar year, the Superintendent this section and proceeds from that property end of academic year 2008–2009. shall conduct a survey, to be administered must be used, as nearly as possible, in ac- (d) PRE-EXISTING CONTRACTS.—An employ- by the Department, of Academy personnel— cordance with the terms of the gift. STABLISHMENT OF ACADEMY GIFT ment contract executed by the Secretary be- (A) to measure— ‘‘(b) E FUND.—There is established in the Treasury fore the date of enactment of this Act for (i) the incidence, during that program a fund, to be known as the ‘Academy Gift service by an individual as an adjunct pro- year, of sexual harassment and sexual vio- Fund’. Disbursements from the Fund shall be fessor at the Academy shall be taken into ac- lence events, on or off the Academy reserva- made on order of the Maritime Adminis- count for purposes of subsection (b)(1) and tion, that have been reported to officials of trator. Unless otherwise specified by the shall remain in effect until the earlier of— the Academy; and terms of the gift, the Maritime Adminis- ‘‘(1) the end of the period of time for which (ii) the incidence, during that program trator may use monies in the Fund for ap- the services were contracted; or year, of sexual harassment and sexual vio- propriated or non-appropriated purposes at ‘‘(2) the end of academic year 2008–2009. lence events, on or off the Academy reserva- the Academy. The Fund consists of— (e) REPORT.—If the Secretary executes one tion, that have not been reported to officials ‘‘(1) gifts of money; or more personal service contracts under of the Academy; and ‘‘(2) income from donated property accept- subsection (a), the Secretary shall transmit (B) to assess the perceptions of Academy ed under this section; a report to the Senate Committee on Com- personnel of— ‘‘(3) proceeds from the sale of donated merce, Science, and Transportation, the (i) the policies, training, and procedures on property; and House of Representatives Committee on sexual harassment and sexual violence in- ‘‘(4) income from securities under sub- Armed Services, and the Committees on Ap- volving Academy personnel; section (c) of this section; propriations of both Houses specifying the (ii) the enforcement of such policies; ‘‘(c) INVESTMENT OF FUND BALANCES.—On specific need for each such contract and the (iii) the incidence of sexual harassment and sexual violence involving Academy per- request of the Maritime Administrator, the duties that will be performed by each such Secretary of the Treasury may invest and re- sonnel; and adjunct professor brought under contract. invest amounts in the Fund in securities of, (iv) any other issues relating to sexual har- The report shall be submitted solely by the or in securities the principal and interest of assment and sexual violence involving Acad- Secretary and not by any designee on the which is guaranteed by, the United States emy personnel. Secretary’s behalf. Government. SEC. 3. ACTIONS TO ADDRESS SEXUAL HARASS- (d) ANNUAL REPORT.— ‘‘(d) DISBURSEMENT AUTHORITY.—There are MENT AND VIOLENCE AT THE ACAD- (1) The Secretary shall direct the Super- hereby appropriated from the Fund such EMY. intendent of the Academy to submit to the sums as may be on deposit, to remain avail- (a) REQUIRED POLICY.—The Secretary of Secretary a report on sexual harassment and able until expended.’’. Transportation shall direct the Super- sexual violence involving cadets or other ‘‘(e) DEDUCTABILITY OF GIFTS.—Gifts ac- intendent of the United States Merchant Ma- personnel at the Academy for each Academy cepted under this section are a gift to or for rine Academy to prescribe a policy on sexual program year. the use of the Government under the Inter- harassment and sexual violence applicable to (2) Each report under paragraph (1) shall nal Revenue Code of 1986.’’. the cadets and other personnel of the Acad- include, for the Academy program year cov- (b) CONFORMING AMENDMENT.—The chapter emy. ered by the report, the following: analysis for chapter 513 of title 46, United

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.119 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8441 States Code, is amended by inserting after ‘‘(2) for maritime training programs to fos- ‘‘(A) grant funds are used for the purposes the item relating to section 51314 the fol- ter technical skills and operational produc- for which they were made available; lowing: tivity in communities whose economies are ‘‘(B) grantees have properly accounted for ‘‘51315. Gifts to the Merchant Marine Acad- related to or dependent upon the maritime all expenditures of grant funds; and emy’’. industry. ‘‘(C) grant funds not used for such purposes SEC. 5 TEMPORARY APPOINTMENTS TO THE ‘‘(b) AWARDS.—In providing assistance and amounts not obligated or expended are ACADEMY. under the program, the Administrator returned. (a) IN GENERAL.—Chapter 513 of title 46, shall— ‘‘(4) PROJECT APPROVAL REQUIRED.—The Ad- United States Code, as amended by section 5 ‘‘(1) take into account— ministrator may not award a grant under of this division, is further amended by add- ‘‘(A) the economic circumstances and con- this section unless the Administrator deter- ing at the end thereof the following: ditions of maritime communities; mines that— ‘‘(B) projects that would be effective in fos- ‘‘§ 51316. Temporary appointments to the ‘‘(A) sufficient funding is available to meet tering efficiency, competitive operations, Academy the matching requirements of subsection (e); and quality ship construction, repair, and re- ‘‘(B) the project will be completed without Notwithstanding any other provision of configuration; and law, the Maritime Administrator may ap- unreasonable delay; and ‘‘(C) projects that would be effective in fos- ‘‘(C) the recipient has authority to carry point any present employee of the United tering employee skills and enhancing pro- States Merchant Marine Academy non-ap- out the proposed project. ductivity; and ‘‘(g) AUDITS AND EXAMINATIONS.—All grant- propriated fund instrumentality to a posi- ‘‘(2) make grants within 120 days after the tion on the General Schedule of comparable ees under this section shall maintain such date of enactment of the appropriations Act records as the Administrator may require pay. Eligible personnel shall be engaged in for the fiscal year concerned. work permissibly funded by annual appro- and make such records available for review ‘‘(c) USE OF FUNDS.— and audit by the Administrator. priations, and such appointments to the ‘‘(1) IN GENERAL.—Assistance provided Civil Service shall be without regard to com- ‘‘(h) SMALL SHIPYARD DEFINED.—In this under this section may be used— section, the term ‘small shipyard’ means a petition, for a term not to exceed 2 years.’’. ‘‘(A) to make capital and related improve- (b) CONFORMING AMENDMENT.—The chapter shipyard facility in one geographic location ments in small shipyards located in or near that does not have more than 1,200 employ- analysis for chapter 513 of title 46, United maritime communities; States Code, as amended by section 15 of this ees. ‘‘(B) to provide training for workers in ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— division, is amended by inserting after the communities whose economies are related to item relating to section 51317 the following: There are authorized to be appropriated to the maritime industry; and the Administrator of the Maritime Adminis- ‘‘51316. Temporary appointments to the ‘‘(C) for such other purposes as the Admin- tration for each of fiscal years 2006 through Academy’’. istrator determines to be consistent with 2010 to carry out this section— SEC. 6. RIDING GANG MEMBER REQUIREMENTS. and supplemental to such activities. ‘‘(1) $5,000,000 for training grants; and Section 1018 of the John Warner National ‘‘(2) ADMINISTRATIVE COSTS.—Not more ‘‘(2) $25,000,000 for capital and related im- Defense Authorization Act for Fiscal Year than 2 percent of amounts made available to provements.’’. 2007 (120 Stat. 2381) is amended— carry out the program may be used for the (b) CONFORMING AMENDMENT.—Section 3506 (1) by striking ‘‘requirements’’ and all that necessary costs of grant administration. of the National Defense Authorization Act follows in subsection (a)(1) and inserting ‘‘re- ‘‘(d) PROHIBITED USES.—Grants awarded for Fiscal Year 2006 (46 U.S.C. 53101 note) is quirements as provided in section 8106 of under this section may not be used to con- repealed. title 46, United States Code.’’; struct buildings or other physical facilities (2) by striking paragraphs (2) and (3) of SEC. 8. STUDENT INCENTIVE PAYMENT PRO- or to acquire land unless such use is specifi- GRAM. subsection (a) and redesignating paragraph cally approved by the Administrator in sup- Section 51509 of title 46, United States (4) as paragraph (2); port of subsection (c)(1)(C). Code, is amended— (3) by striking ‘‘8106’’ in paragraph (2), as ‘‘(e) MATCHING REQUIREMENTS; ALLOCA- (1) by striking ‘‘to the individual.’’ in sub- redesignated, of subsection (a) and inserting TION.— section (a) and inserting ‘‘to the individual ‘‘2101’’; and ‘‘(1) FEDERAL FUNDING.—Except as provided or the academy, as determined by the Sec- (4) by striking subsection (b)(1) and insert- in paragraph (2), Federal funds for any eligi- retary.’’; ing the following: ble project under this section shall not ex- (1) by striking ‘‘$4,000’’ and inserting ‘‘(1) IN GENERAL.—Pursuant to regulations ceed 75 percent of the total cost of such ‘‘$8,000’’; issued by the Secretary of Defense, an indi- project. (2) by striking ‘‘as prescribed by the Sec- vidual— ‘‘(2) EXCEPTION.—If the Administrator de- retary, while the individual is attending the ‘‘(A) who is aboard a vessel, which is under termines that a proposed project merits sup- academy.’’ in subsection (b) and inserting charter or contract for the carriage of cargo port and cannot be undertaken without a ‘‘subject to such conditions as may be pre- for the Department of Defense, for purposes higher percentage of Federal financial assist- scribed by the Secretary.’’; other than engaging in the operation or ance, the Administrator may award a grant (3) by inserting ‘‘tuition,’’ in subsection (b) maintenance of the vessel, and for such project with a lesser matching re- after ‘‘uniforms,’’; and ‘‘(B) who— quirement than is described in paragraph (1). (4) by striking subsection (c) and inserting ‘‘(i) accompanies, supervises, guards, or ‘‘(3) ALLOCATION OF FUNDS.—The Adminis- the following: maintains unit equipment aboard a ship, trator may not award more than 25 percent ‘‘(c) MIDSHIPMAN AND ENLISTED RESERVE commonly referred to as supercargo per- of the funds appropriated to carry out this STATUS.—Each agreement entered into under sonnel, section for any fiscal year to any small ship- this section shall require the individual to ‘‘(ii) is one of the force protection per- yard in one geographic location that has accept midshipman and enlisted reserve sta- sonnel of the vessel, more than 600 employees. tus in the Reserve (in- ‘‘(iii) is a specialized repair technician, or ‘‘(f) APPLICATIONS.— cluding the Merchant Marine Reserve) or the ‘‘(iv) is otherwise required by the Sec- ‘‘(1) IN GENERAL.—To be eligible for assist- United States Coast Guard Reserve before retary of Defense to be aboard the vessel, ance under this section, an applicant shall any payments are made under the agree- shall not be deemed a riding gang member submit an application, in such form, and ment.’’. for purposes of title 46, United States Code.’’. containing such information and assurances SEC. 9. MARINE WAR RISK INSURANCE. SEC. 7. ASSISTANCE FOR SMALL SHIPYARDS AND as the Administrator may require, within 60 MARITIME COMMUNITIES. days after the date of enactment of the ap- Section 53912 of title 46, United States (a) IN GENERAL.—Title 46, United States propriations Act for the fiscal year con- Code, is amended by striking ‘‘December 31, Code, is amended by inserting the following cerned. 2010.’’ and inserting ‘‘December 31, 2015.’’. new chapter after chapter 539: ‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR SEC. 10. MARAD CONSULTATION ON JONES ACT ‘‘CHAPTER 541—MISCELLANEOUS REIMBURSEMENT.—Each application sub- WAIVERS. mitted under paragraph (1) shall include— Section 501(b) of title 46, United States ‘‘Sec. ‘‘(A) a comprehensive description of— Code, is amended to read as follows: ‘‘54101. Assistance for small shipyards and ‘‘(i) the need for the project; ‘‘(b) BY HEAD OF AGENCY.—When the head maritime communities ‘‘(ii) the methodology for implementing of an agency responsible for the administra- ‘‘§ 54101. Assistance for small shipyards and the project; and tion of the navigation or vessel-inspection maritime communities ‘‘(iii) any existing programs or arrange- laws considers it necessary in the interest of ‘‘(a) ESTABLISHMENT OF PROGRAM.—Subject ments that can be used to supplement or le- national defense, the individual, following a to the availability of appropriations, the Ad- verage assistance under the program. determination by the Maritime Adminis- ministrator of the Maritime Administration ‘‘(3) PROCEDURAL SAFEGUARDS.—The Ad- trator, acting in the Administrator’s capac- shall execute agreements with shipyards to ministrator, in consultation with the Office ity as Director, National Shipping Author- provide assistance— of the Inspector General, shall issue guide- ity, of the non-availability of qualified ‘‘(1) in the form of grants, loans, and loan lines to establish appropriate accounting, re- United States flag capacity to meet national guarantees to small shipyards for capital im- porting, and review procedures to ensure defense requirements, may waive compliance provements; and that— with those laws to the extent, in the manner,

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.119 S11SEPT1 smartinez on PROD1PC64 with SENATE S8442 CONGRESSIONAL RECORD — SENATE September 11, 2008 and on the terms the individual, in consulta- (2) by inserting ‘‘or obtaining’’ after ‘‘fur- (B) $8,306,000 which shall remain available tion with the Administrator, acting in that nishing’’; and until expended for maintenance and repair of capacity, prescribes.’’. (3) by striking ‘‘commodities’’ the first school ships at the State Maritime Acad- SEC. 11. VESSEL TRAFFIC RISK ASSESSMENTS. place it appears and inserting ‘‘commodities, emies. (a) REQUIREMENT.—The Commandant of the or provides financing in any way with Fed- (2) For expenses to maintain and preserve Coast guard, acting through the appropriate eral funds for the account of any persons un- a United States-flag merchant fleet to serve Area Committee established under section less otherwise exempted,’’. the national security needs of the United 311(j)(4) of the Federal Water Pollution Con- (b) OTHER AGENCIES.—Section 55305(d) of States under chapter 531 of title 46, United trol Act, shall prepare a vessel traffic risk title 46, United States Code, is amended to States Code, $174,000,000. assessment— read as follows: (3) For paying reimbursement under sec- (1) for Cook Inlet, Alaska, within 1 year ‘‘(d) PROGRAMS OF OTHER AGENCIES.— tion 3517 of the Maritime Security Act of after the date of enactment of this Act; and ‘‘(1) Each department or agency that has 2003 (46 U.S.C. 53101 note), $19,500,000. (2) for the Aleutian Islands, Alaska, within responsibility for a program under this sec- (4) For expenses to dispose of obsolete ves- 2 years after the date of enactment of this tion shall administer that program with re- sels in the National Defense Reserve Fleet, Act. spect to this section under regulations and including provision of assistance under sec- (b) CONTENTS.—Each of the assessments guidance issued by the Secretary of Trans- tion 7 of Public Law 92–402, $18,000,000. shall describe, for the region covered by the portation. The Secretary, after consulting (5) For the cost (as defined in section 502(5) assessment— with the department or agency or organiza- of the Federal Credit Reform Act of 1990 (2 (1) the amount and character of present tion or person involved, shall have the sole U.S.C 661a(5))) of loan guarantees under the and estimated future shipping traffic in the responsibility for determining if a program program authorized by chapter 537 of title 46, region; and is subject to the requirements of this sec- United States Code, $30,000,000. (2) the current and projected use and effec- tion. (6) For administrative expenses related to tiveness in reducing risk, of— ‘‘(2) The Secretary— the implementation of the loan guarantee (A) traffic separation schemes and routing ‘‘(A) shall conduct an annual review of the program under chapter 537 of title 46, United measures; administration of programs determined pur- States Code, administrative expenses related (B) long-range vessel tracking systems de- suant to paragraph (1) as subject to the re- to implementation of the reimbursement veloped under section 70115 of title 46, United quirements of this section; program under section 3517 of the Maritime States Code; ‘‘(B) may direct agencies to require the Security Act of 2003 (46 U.S.C. 53101 note), (C) towing, response, or escort tugs; transportation on United States-flagged ves- and administrative expenses related to the (D) vessel traffic services; sels of cargo shipments not otherwise subject implementation of the small shipyards and (E) emergency towing packages on vessels; to this section in equivalent amounts to maritime communities assistance program (F) increased spill response equipment in- cargo determined to have been shipped on under section 54101 of title 46, United States cluding equipment appropriate for severe foreign carriers in violation of this section; Code, $6,000,000. weather and sea conditions; ‘‘(C) may impose on any person that vio- (b) AVAILABILITY.—Amounts appropriated (G) the Automatic Identification System lates this section, or a regulation prescribed pursuant to subsection (a) shall remain developed under section 70114 of title 46, under this section, a civil penalty of not available, as provided in appropriations Acts, United States Code; more than $25,000 for each violation willfully until expended. (H) particularly sensitive sea areas, areas and knowingly committed, with each day of SEC. 16. ENFORCEMENT OF MARITIME CABO- to be avoided, and other traffic exclusion a continuing violation following the date of TAGE LAWS. zones; shipment to be a separate violation; and It is the sense of the Senate that, in order (I) aids to navigation; and ‘‘(D) may take other measures as appro- to fulfill the objectives and policies of sec- (J) vessel response plans. priate under the Federal Acquisition Regula- tion 50101 of title 46, United States Code, and (c) RECOMMENDATIONS.— tions issued pursuant to section 25(c)(1) of encourage the development and maintenance (1) IN GENERAL.—Each of the assessments the Office of Federal Procurement Policy of a merchant marine necessary for the na- shall include any appropriate recommenda- Act (41 U.S.C. 421(c)(1) or contract with re- tional defense and the domestic commerce of tions to enhance the safety and security, or spect to each violation.’’. the United States, the Department of Home- lessen potential adverse environmental im- (c) REGULATIONS.—The Secretary of Trans- land Security, in cooperation with the De- pacts, of marine shipping. portation shall prescribe such rules as are partment of Transportation, should take necessary to carry out section 55305(d) of (2) CONSULTATION.—Before making any rec- measures necessary to enforce the letter and title 46, United States Code. The Secretary ommendations under paragraph (1) for a re- intent of the coastwise laws in chapter 551 of may prescribe interim rules necessary to gion, the Area Committee shall consult with title 46, United States Code, and to support carry out section 55305(d) of such title. An affected local, State, and Federal govern- the cruise ship operations authorized by sec- interim rule prescribed under this subsection ment agencies, representatives of the fishing tion 211 of title II of division B of Public Law shall remain in effect until superseded by a industry, Alaska Natives from the region, 108–7. the conservation community, and the mer- final rule. chant shipping and oil transportation indus- (d) CHANGE OF YEAR.—Section 55314(a) of title 46, United States Code, is amended by SA 5477. Mr. BAUCUS submitted an tries. amendment intended to be proposed by (d) PROVISION TO CONGRESS.—The Com- striking ‘‘calendar’’ each place it appears mandant shall provide a copy of each assess- and inserting ‘‘fiscal’’. him to the bill S. 3001, to authorize ap- ment to the Senate Committee on Com- SEC. 14. EXCLUSION OF CERTAIN EMPLOYEE propriations for fiscal year 2009 for merce, Science, and Transportation and the BENEFITS FOR INDIVIDUALS IN THE military activities of the Department House of Representatives Committee on RECREATIONAL MARINE INDUSTRY. of Defense, for military construction, Subparagraph (F) of section 2(3) of the Transportation and Infrastructure. and for defense activities of the De- (e) AUTHORIZATION OF APPROPRIATIONS.— Longshore and Harbor Workers’ Compensa- tion Act (33 U.S.C. 902(3)) is amended to read partment of Energy, to prescribe mili- There are authorized to be appropriated to tary personnel strengths for such fiscal the Commandant $1,800,000 for each of fiscal as follows: years 2008 and 2009 to conduct the assess- ‘‘(F) individuals who— year, and for other purposes; which was ments. ‘‘(i) are employed to manufacture any rec- ordered to lie on the table; as follows: SEC. 12. SMALL VESSEL EXCEPTION FROM DEFI- reational vessel under 165 feet in length; or At the end of subtitle F of title X, add the NITION OF FISH PROCESSING VES- ‘‘(ii) are employed to repair any rec- following: reational vessel or to dismantle any part of SEL. SEC. 1068. SERVICE AS LEGISLATIVE FELLOWS OF Section 2101(11b) of title 46, United States any recreational vessel in connection with MEMBERS OF THE ARMED FORCES Code, is amended by striking ‘‘chilling.’’ and repair of the vessel;’’. WHO ARE UNDERGOING CONVALES- inserting ‘‘chilling, but does not include a SEC. 15. AUTHORIZATION OF APPROPRIATIONS CENCE AT MILITARY MEDICAL fishing vessel operating in Alaskan waters FOR FISCAL YEAR 2009. TREATMENT FACILITIES IN THE NA- under a permit or license issued by Alaska (a) IN GENERAL.—There are authorized to TIONAL CAPITAL REGION. that— be appropriated to the Secretary of Trans- (a) ACTIONS REQUIRED.— (A) fillets only salmon taken by that ves- portation, for the use of the Maritime Ad- (1) IN GENERAL.—Commencing not later sel; ministration, for fiscal year 2009 the fol- than 180 days after the date of the enactment (B) fillets less than 5 metric tons of such lowing amounts: of this Act, the Secretary of Defense shall salmon during any 7-day period.’’. (1) For expenses necessary for operations take actions to ensure that eligible members SEC. 13. TRANSPORTATION IN AMERICAN VES- and training activities, $140,112,000, of of the Armed Forces who are undergoing SELS OF GOVERNMENT PERSONNEL which— convalescence at military medical treatment AND CERTAIN CARGOES. (A) $79,858,000 shall remain available until facilities in the National Capital Region, in- (a) IN GENERAL.—Section 55305(b) of title expended for expenses at the United States cluding Walter Reed Army Medical Center, 46, United States Code, is amended— Merchant Marine Academy, of which District of Columbia, are informed about and (1) by striking ‘‘country’’ and inserting $26,640,000 shall be available for the capital encouraged to apply for selection as a legis- ‘‘country, organization, or persons’’; improvement program; and lative fellow under applicable Department of

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.119 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8443 Defense instructions controlling assignment (3) in subsection (d)(2)(A), by striking (A) is first-class mail (including any sound- of personnel to the Legislative Branch. ‘‘military construction project,’’ each place recorded or video-recorded communication) (2) VOLUNTARY PARTICIPATION.—The par- it appears in clauses (ii) and (iii). not exceeding 13 ounces in weight and having ticipation of members of the Armed Forces (b) REPEAL OF LIMITATION ON APPLICA- the character of personal correspondence or as a legislative fellow under this section BILITY OF AUTHORITY TO EXCESS NON-BRAC parcel post not exceeding 10 pounds in shall be on a voluntary basis. PROPERTY.—Such section is further amend- weight; (3) ENCOURAGEMENT OF PARTICIPATION IN ed— (B) is sent from within an area served by a PROGRAM.—The Secretary shall take appro- (1) in subsection (a), by striking paragraph United States post office; and priate actions— (3); and (C) is addressed to a qualified individual. (A) to notify members of the Armed Forces (2) in subsection (e)(2), by striking ‘‘the pe- (3) COORDINATION RULE.—Postal benefits described in subsection (a)(1) of their eligi- riod specified in paragraph (3) of subsection under the program are in addition to, and bility for participation as legislative fellows (a)’’ and inserting ‘‘the period beginning on not in lieu of, any reduced rates of postage under this section; and October 17, 2006, and ending on September 30, or other similar benefits which might other- (B) to facilitate participation as legislative 2008,’’. wise be available by or under law, including fellows under this section by members who (c) REPEAL OF PILOT PROGRAM.—Such sec- any rates of postage resulting from the ap- elect to participate as fellows, including tion is further amended by striking sub- plication of section 3401(b) of title 39, United through the provision of appropriate support section (c). States Code. for such members in participating as fellows. (d) REPEAL OF REQUIREMENTS RELATING TO (d) NUMBER OF VOUCHERS.—A member of (4) PROHIBITION ON POLITICAL ACTIVITIES.— REPORTS.—Such section is further amended the Armed Forces shall be eligible for one While serving in an office as a legislative fel- by striking subsection (f). voucher for every second month in which the low under this section, a member of the (e) CONFORMING AMENDMENTS.—Such sec- member is a qualified individual. tion is further amended by redesignating Armed Forces participating as a fellow may (e) LIMITATIONS ON USE; DURATION.—A subsections (d), (e), (g), and (h) as sub- not engage in any political activity other- voucher may not be used— sections (c), (d), (e), and (f), respectively. wise prohibited by law for similar employees (1) for more than a single qualified mail- (f) ADDITIONAL CONFORMING AND CLERICAL of such office. ing; or AMENDMENTS.— (b) PAY AND ALLOWANCES.— (2) after the earlier of— (1) HEADING AMENDMENT.—The heading of (1) NO ADDITIONAL PAY AND ALLOWANCES.—A (A) the expiration date of the voucher, as such section is amended to read as follows: member of the Armed Forces participating designated by the Secretary of Defense; or as a legislative fellow under this section ‘‘§ 2869. Conveyance of property at military (B) the end of the one-year period begin- shall not be entitled to any pay and allow- installations to support military housing or ning on the date on which the regulations ances by reason of participation as a fellow limit encroachment’’. prescribed under subsection (f) take effect. other than the pay and allowances otherwise (2) CLERICAL AMENDMENT.—The table of (f) REGULATIONS.—Not later than 30 days payable to the member by law. sections at the beginning of subchapter III of after the date of the enactment of this Act, (2) EXPENSES.—A member of the Armed chapter 169 of such title is amended by strik- the Secretary of Defense (in consultation Forces participating as a legislative fellow ing the item relating to section 2869 and in- with the Postal Service) shall prescribe such under this section shall be paid or reim- serting the following new item: regulations as may be necessary to carry out bursed for the expenses incurred by the ‘‘2869. Conveyance of property at military in- the program, including— member in connection with participation as stallations to support military (1) procedures by which vouchers will be a fellow. housing or limit encroach- provided or made available in timely manner (c) ADMINISTRATIVE MATTERS.— ment.’’. to qualified individuals; and (1) ADMINISTRATION.—The activities re- (2) procedures to ensure that the number of quired by this section shall be administered SA 5479. Mrs. CLINTON submitted an within the Department of Defense by an ap- vouchers provided or made available with re- propriate official of the Department assigned amendment intended to be proposed by spect to any qualified individual complies by the Secretary for that purpose. her to the bill S. 3001, to authorize ap- with subsection (d). (2) RESPONSIBILITIES.—The official assigned propriations for fiscal year 2009 for (g) TRANSFERS TO POSTAL SERVICE.— under paragraph (1) shall— military activities of the Department (1) BASED ON ESTIMATES.—The Secretary of (A) work collaboratively with Members of Defense, for military construction, Defense shall transfer to the Postal Service, and committees of Congress to identify ap- and for defense activities of the De- out of amounts available to carry out the propriate fellowship opportunities for mem- program and in advance of each calendar partment of Energy, to prescribe mili- quarter during which postal benefits may be bers of the Armed Forces seeking to partici- tary personnel strengths for such fiscal pate as legislative fellows under this section; used under the program, an amount equal to and year, and for other purposes; which was the amount of postal benefits that the Sec- (B) work collaboratively with the Director ordered to lie on the table; as follows: retary estimates will be used during such of the Capitol Guide Service and Congres- On page 311, between lines 13 and 14, insert quarter, reduced or increased (as the case sional Special Services Office of the Archi- the following: may be) by any amounts by which the Sec- tect of the Capitol to accommodate the spe- SEC. 1083. POSTAL BENEFITS PROGRAM FOR retary finds that a determination under this cial physical needs of members of the Armed MEMBERS OF THE ARMED FORCES section for a prior quarter was greater than Forces who are participating as legislative SERVING IN IRAQ OR AFGHANISTAN. or less than the amount finally determined fellows under this section. (a) AVAILABILITY OF POSTAL BENEFITS.— for such quarter. The Secretary of Defense, in consultation (2) BASED ON FINAL DETERMINATION.—A SA 5478. Mr. WARNER submitted an with the United States Postal Service, shall final determination of the amount necessary amendment intended to be proposed by provide for a program under which postal to correct any previous determination under him to the bill S. 3001, to authorize ap- benefits are provided to qualified individuals this section, and any transfer of amounts be- propriations for fiscal year 2009 for in accordance with this section. tween the Postal Service and the Depart- (b) QUALIFIED INDIVIDUAL.—In this section, ment of Defense based on that final deter- military activities of the Department the term ‘‘qualified individual’’ means a mination, shall be made not later than six of Defense, for military construction, member of the Armed Forces on active duty months after the end of the one-year period and for defense activities of the De- (as defined in section 101 of title 10, United referred to in subsection (e)(2)(B). partment of Energy, to prescribe mili- States Code) who— (3) CONSULTATION REQUIRED.—All estimates tary personnel strengths for such fiscal (1) is serving in Iraq or Afghanistan; or and determinations under this subsection of year, and for other purposes; which was (2) is hospitalized at a facility under the the amount of postal benefits under the pro- ordered to lie on the table; as follows: jurisdiction of the Department of Defense as gram used in any period shall be made by the At the end of subsection A of title XXVIII, a result of a disease or injury incurred as a Secretary of Defense in consultation with add the following: result of service in Iraq or Afghanistan. the Postal Service. (c) POSTAL BENEFITS DESCRIBED.— SEC. 2814. MODIFICATION OF AUTHORITY TO (h) FUNDING.—Of the amounts authorized CONVEY PROPERTY AT MILITARY IN- (1) VOUCHERS.—The postal benefits pro- to be appropriated for the Department of De- STALLATIONS TO LIMIT ENCROACH- vided under the program shall consist of fense for fiscal year 2009 for military per- MENT. such coupons or other similar evidence of sonnel, $10,000,000 shall be for postal benefits (a) REPEAL OF APPLICABILITY OF AUTHORITY credit, whether in printed, electronic, or provided in this section. TO EXCHANGES FOR MILITARY CONSTRUCTION other format (in this section referred to as a PROJECTS.—Section 2869 of title 10, United ‘‘voucher’’), as the Secretary of Defense, in SA 5480. Mr. CORKER submitted an States Code, is amended— consultation with the Postal Service, shall amendment intended to be proposed by (1) in subsection (a)(1)(A), by striking determine, which entitle the bearer or user ‘‘military construction project or’’; to make qualified mailings free of postage. him to the bill S. 3001, to authorize ap- (2) in subsection (b), by striking ‘‘military (2) QUALIFIED MAILING.—In this section, the propriations for fiscal year 2009 for construction,’’ each place it appears and in- term ‘‘qualified mailing’’ means the mailing military activities of the Department serting ‘‘land,’’; and of a single mail piece which— of Defense, for military construction,

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.116 S11SEPT1 smartinez on PROD1PC64 with SENATE S8444 CONGRESSIONAL RECORD — SENATE September 11, 2008 and for defense activities of the De- erty owners the opportunity to reacquire SEC. 714. FULL ACCESS TO MENTAL HEALTH partment of Energy, to prescribe mili- their land by right of first refusal at fair CARE FOR FAMILY MEMBERS OF MEMBERS OF THE NATIONAL GUARD tary personnel strengths for such fiscal market value. Should these parties decline the Navy’s offer, the Secretary shall dispose AND RESERVE WHO ARE DEPLOYED OVERSEAS. year, and for other purposes; which was of these properties in a manner most likely ordered to lie on the table; as follows: to ensure continued agricultural produc- (a) INITIATIVE TO INCREASE ACCESS TO MEN- At the end of subtitle F of title V, add the tivity. TAL HEALTH CARE.— following: (1) IN GENERAL.—The Secretary of Defense SEC. 572. REPORT ON CREATING CAREERS FOR SA 5482. Mr. KERRY (for himself, Ms. shall undertake an initiative intended to in- MILITARY SPOUSES. SNOWE, Mr. MENENDEZ, Mr. LAUTEN- crease access to mental health care for fam- (a) STUDY.—The Under Secretary of De- BERG, and Mrs. CLINTON) submitted an ily members of members of the National fense for Personnel and Readiness, in con- amendment intended to be proposed by Guard and Reserve deployed overseas during junction with the Deputy Under Secretary of him to the bill S. 3001, to authorize ap- the periods of mobilization, deployment, and Defense for Military Community and Family propriations for fiscal year 2009 for demobilization of such members of the Na- tional Guard and Reserve. Policy, shall conduct a study of the chal- military activities of the Department (2) ELEMENTS.—The initiative shall include lenges that face qualified military spouses in of Defense, for military construction, finding and maintaining employment during the following: the terms of service of their active duty and for defense activities of the De- (A) Programs and activities to educate the spouses. partment of Energy, to prescribe mili- family members of members of the National (b) REPORT.— tary personnel strengths for such fiscal Guard and Reserve who are deployed over- (1) IN GENERAL.—Not later than 180 days year, and for other purposes; which was seas on potential mental health challenges after the date of the enactment of this Act, ordered to lie on the table; as follows: connected with such deployment. the Secretary of Defense, in consultation On page 311, between lines 13 and 14, insert (B) Programs and activities to provide with the Under Secretary of Defense for Per- the following: such family members with complete infor- mation on all mental health resources avail- sonnel and Readiness, shall submit to the SEC. 1083. PROHIBITIONS RELATING TO PUB- congressional committees a report on the LICITY OR PROPAGANDA. able to such family members through the De- study conducted under subsection (a). (a) PROHIBITION.—No part of any appropria- partment of Defense and otherwise. (2) ELEMENTS.—The report required under tion shall be used by the Department of De- (C) Requirements for mental health coun- paragraph (1) shall include the following ele- fense for publicity or propaganda purposes selors at military installations in commu- ments: not authorized by Congress, including the nities with large numbers of mobilized mem- (A) A description of the major challenges production of any prepackaged news story bers of the National Guard and Reserve to that face qualified military spouses in find- intended for broadcast or distribution in the expand the reach of their counseling activi- ing and maintaining employment during the United States unless the story includes a ties to include families of such members in terms of service of their spouses. clear notification within the text or audio such communities. (B) A listing of significant incentive pro- that it was prepared or funded by the Depart- (b) REPORTS.— grams the Department of Defense could uti- ment. (1) IN GENERAL.—Not later than 180 days lize to create incentives for the hiring of (b) REPORT.—Not later than 90 days after after the date of the enactment of this Act, qualified military spouses, including those the date of the enactment of this Act, the In- and every 180 days thereafter, the Secretary the Department can implement independ- spector General of the Department of De- of Defense shall submit to the Committees ently and those that require statutory fense shall submit to Congress a report iden- on Armed Services of the Senate and the changes. tifying the extent to which the Department House of Representatives a report on this (C) A description of the resources available of Defense has used appropriated funds to re- section. to qualified military spouses for assistance cruit, train, or give special consideration to (2) ELEMENTS.—Each report shall include in finding and maintaining employment. retired military officers to induce them to the following: (D) An examination of the implications for comment favorably on the war efforts in Iraq (A) A current assessment of the extent to retention of military service members of in- and Afghanistan and against terrorism. This which family members of members of the sufficient employment opportunities for report shall also review if special access National Guard and Reserve who are de- qualified military spouses. given to these retired military officers pro- ployed overseas have access to, and are uti- (E) A description of current programs to vided a competitive advantage to their em- lizing, mental health care available under assist qualified military spouses in securing ployers in securing funds appropriated to the this section. telecommuting and home office employment. Department of Defense. (B) A current assessment of the quality of (c) LEGAL OPINION.—Not later than 90 days (c) QUALIFIED MILITARY SPOUSE DEFINED.— mental health care being provided to family In this section, the term ‘‘qualified military after the date of the enactment of this Act, members of members of the National Guard spouse’’ means a spouse of a member of the the Comptroller General of the United States and Reserve who are deployed overseas, and shall issue a legal opinion to Congress on Armed Forces who is serving on a period of an assessment of expanding coverage for whether the Department of Defense violated extended active duty which includes the hir- mental health care services under the appropriations prohibitions on publicity or ing date. For purposes of the preceding sen- TRICARE program to mental health care propaganda activities established in Public tence, the term ‘‘extended active duty’’ services provided at facilities currently out- Laws 107–117, 107–248, 108–87, 108–287, 109–148, means any period of active duty pursuant to side the accredited network of the TRICARE 109–289, and 110–116, the Department of De- a call or order to such duty for a period in program. fense Appropriations Acts for fiscal years excess of 90 days or for an indefinite period. (C) Such recommendations for legislative 2002 through 2008, respectively, by offering or administration action as the Secretary special access to retired military officers considers appropriate in order to further as- SA 5481. Mrs. DOLE submitted an who serve as media analysts, including brief- amendment intended to be proposed by ings and information on war efforts, meet- sure full access to mental health care by her to the bill S. 3001, to authorize ap- ings with high-level department officials, family members of members of the National propriations for fiscal year 2009 for and trips to Iraq and Guantanamo Bay, Guard and Reserve who are deployed over- military activities of the Department Cuba. seas during the mobilization, deployment, (d) RULE OF CONSTRUCTION RELATED TO IN- and demobilization of such members of the of Defense, for military construction, National Guard and Reserve. and for defense activities of the De- TELLIGENCE ACTIVITIES.—Nothing in this sec- tion shall be construed to apply to any law- partment of Energy, to prescribe mili- ful and authorized intelligence activity of SA 5484. Mr. FEINGOLD (for himself, tary personnel strengths for such fiscal the United States Government. Mr. NELSON of Florida, and Mrs. DOLE) year, and for other purposes; which was submitted an amendment intended to ordered to lie on the table; as follows: SA 5483. Ms. KLOBUCHAR submitted be proposed by him to the bill S. 3001, On page 458, between lines 12 and 13, insert an amendment intended to be proposed by him to the bill S. 3001, to authorize to authorize appropriations for fiscal the following: year 2009 for military activities of the SEC. 2842. DISPOSAL OF REAL PROPERTY AT appropriations for fiscal year 2009 for OUTLYING LANDING FIELD, BEAU- military activities of the Department Department of Defense, for military FORT AND WASHINGTON COUNTIES, of Defense, for military construction, construction, and for defense activities NORTH CAROLINA. and for defense activities of the De- of the Department of Energy, to pre- Notwithstanding any other provision of partment of Energy, to prescribe mili- scribe military personnel strengths for law, the Secretary of the Navy shall make an tary personnel strengths for such fiscal such fiscal year, and for other pur- exception to policy when the Secretary dis- poses; which was ordered to lie on the poses of the land acquired for the Navy’s year, and for other purposes; which was now-cancelled Outlying Landing Field (OLF) ordered to lie on the table; as follows: table; as follows: in Beaufort and Washington Counties, North At the end of subtitle B of title VII, add At the end of subtitle G of title V, add the Carolina, by first offering the previous prop- the following: following:

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.118 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8445 SEC. 587. TERMINATION OR SUSPENSION OF CON- At the end of title XII, add the following: 104–172; 50 U.S.C. 1701 note) is amended by TRACTS FOR WIRELESS TELEPHONE Subtitle E—Comprehensive Iran Sanctions, striking ‘‘petroleum and natural gas re- SERVICE FOR MEMBERS OF THE Accountability, and Divestment sources’’ and inserting ‘‘petroleum, petro- ARMED FORCES. leum by-products, oil or liquefied natural (a) IN GENERAL.—Title III of the SEC. 1241. SHORT TITLE. This subtitle may be cited as the ‘‘Com- gas, oil or liquefied natural gas tankers, and Servicemembers Civil Relief Act (50 U.S.C. products used to construct or maintain pipe- App. 531 et seq.) is amended by inserting prehensive Iran Sanctions, Accountability, and Divestment Act of 2008’’. lines used to transport oil or liquefied nat- after section 305 the following new section: ural gas’’. PART I—SANCTIONS ‘‘SEC. 305A. TERMINATION OR SUSPENSION OF SEC. 1253. ECONOMIC SANCTIONS RELATING TO CONTRACTS FOR WIRELESS TELE- SEC. 1251. DEFINITIONS. IRAN. PHONE SERVICE. In this part: (a) IN GENERAL.—Notwithstanding any ‘‘(a) IN GENERAL.—A servicemember or per- (1) AGRICULTURAL COMMODITY.—The term other provision of law, and in addition to son who is a party to a contract for wireless ‘‘agricultural commodity’’ has the meaning any other sanction in effect, beginning on telephone service and receives military or- given that term in section 102 of the Agricul- the date that is 15 days after the effective ders to deploy with a military unit or in sup- tural Trade Act of 1978 (7 U.S.C. 5602). date of this subtitle, the economic sanctions port of a contingency operation for a period (2) APPROPRIATE CONGRESSIONAL COMMIT- described in subsection (b) shall apply with of not less than 90 days, or to relocate for TEES.—The term ‘‘appropriate congressional respect to Iran. not less than 90 days to a location that does committees’’ has the meaning given that (b) SANCTIONS.—The sanctions described in not support the contract, may submit to the term in section 14(2) of the Iran Sanctions this subsection are the following: wireless telephone service provider con- Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 (1) PROHIBITION ON IMPORTS.— cerned a request for the termination or sus- note). (A) IN GENERAL.—Except as provided in pension of the contract. The request shall in- (3) EXECUTIVE AGENCY.—The term ‘‘execu- subparagraph (B), no article that is the clude a copy of the military orders of the tive agency’’ has the meaning given that growth, product, or manufacture of Iran may servicemember or person. term in section 4 of the Office of Federal be imported directly or indirectly into the ‘‘(b) RELIEF.—Upon receiving the request of Procurement Policy Act (41 U.S.C. 403). United States. a servicemember or person under subsection (4) FAMILY MEMBER.—The term ‘‘family (B) EXCEPTION.—The prohibition in sub- (a), the wireless telephone service provider member’’ means, with respect to an indi- paragraph (A) does not apply to imports concerned shall, at the election of the vidual, the spouse, children, grandchildren, from Iran of information and informational servicemember or person— or parents of the individual. materials. ‘‘(1) permit the servicemember or person to (5) INFORMATION AND INFORMATIONAL MATE- (2) PROHIBITION ON EXPORTS.— terminate the contract without imposition RIALS.—The term ‘‘information and informa- (A) IN GENERAL.—Except as provided in of an early termination fee, penalty, or other tional materials’’— subparagraph (B), no article that is the obligation; or (A) means information and informational growth, product, or manufacture of the ‘‘(2) permit the servicemember or person to materials described in section 203(b)(3) of the United States may be exported directly or suspend the contract at no charge until the International Emergency Economic Powers indirectly to Iran. servicemember or person returns to the Act (50 U.S.C. 1702(b)(3)); and (B) EXCEPTIONS.—The prohibition in sub- original area of wireless telephone service (B) does not include information or infor- paragraph (A) does not apply to exports to coverage under the contract without requir- mational materials— Iran of— ing, whether as a condition of suspension or (i) the exportation of which is otherwise (i) agricultural commodities, food, medi- otherwise, that the contract be extended. controlled— cine, or medical devices; ‘‘(c) UNPAID AMOUNTS.—Nothing in this (I) under section 5 of the Export Adminis- (ii) articles exported to Iran to provide hu- section shall be construed to relieve a tration Act of 1979 (50 U.S.C. App. 2404) (as in manitarian assistance to the people of Iran; servicemember or person covered by sub- effect pursuant to the International Emer- (iii) information or informational mate- section (a) from the obligation to pay all gency Economic Powers Act (50 U.S.C. 1701 rials; or outstanding amounts due under the terms of et seq.)); or (iv) goods, services, or technologies nec- the contract before the date that the con- (II) under section 6 of that Act (50 U.S.C. essary to ensure the safe operation of com- tract is terminated or suspended under sub- App. 2405), to the extent that such controls mercial passenger aircraft produced in the section (b). promote the nonproliferation or United States if the exportation of such ‘‘(d) DEFINITIONS.—In this section: antiterrorism policies of the United States; goods, services, or technologies is approved ‘‘(1) The term ‘contingency operation’ has or by the Secretary of the Treasury, in con- the meaning given that term in section (ii) with respect to which acts are prohib- sultation with the Secretary of Commerce, 101(a)(13) of title 10, United States Code, ex- ited by chapter 37 of title 18, United States pursuant to regulations for licensing the ex- cept that the term may include such other Code. portation of such goods, services, or tech- deployments as the Secretary of Defense (6) INVESTMENT.—The term ‘‘investment’’ nologies, if appropriate. may prescribe has the meaning given that term in section (3) FREEZING ASSETS.— ‘‘(2) The term ‘suspension’, with respect to 14(9) of the Iran Sanctions Act of 1996 (Public (A) IN GENERAL.—At such time as the a contract, means the temporary cessation Law 104–172; 50 U.S.C. 1701 note). United States has access to the names of per- of service under the contract as provided in (7) IRANIAN DIPLOMATS AND REPRESENTA- sons in Iran, including Iranian diplomats and subsection (b)(2). TIVES OF OTHER GOVERNMENT AND MILITARY OR representatives of other government and ‘‘(3) The term ‘wireless telephone service’ QUASI-GOVERNMENTAL INSTITUTIONS OF IRAN.— military or quasi-governmental institutions has the meaning given the term ‘commercial The term ‘‘Iranian diplomats and representa- of Iran, that are determined to be subject to mobile radio services’ in section 332(c) of the tives of other government and military or sanctions imposed under the authority of the Communications Act of 1934 (47 U.S.C. quasi-governmental institutions of Iran’’ has International Emergency Economic Powers 332(c)). the meaning given that term in section 14(11) Act (50 U.S.C. 1701 et seq.) or any other pro- ‘‘(4) The term ‘wireless telephone service of the Iran Sanctions Act of 1996 (Public Law vision of law relating to the imposition of provider’ means any entity that provides 104–172; 50 U.S.C. 1701 note). sanctions with respect to Iran, the President wireless telephone service.’’. (8) MEDICAL DEVICE.—The term ‘‘medical shall take such action as may be necessary (b) CLERICAL AMENDMENT.—The table of to freeze immediately the funds and other contents for that Act is amended by insert- device’’ has the meaning given the term ‘‘de- vice’’ in section 201 of the Federal Food, assets belonging to anyone so named and any ing after the item relating to section 305 the family members or associates of those so following new item: Drug, and Cosmetic Act (21 U.S.C. 321). (9) MEDICINE.—The term ‘‘medicine’’ has named to whom assets or property of those ‘‘Sec. 305A. Termination or suspension of the meaning given the term ‘‘drug’’ in sec- so named were transferred on or after Janu- contracts for wireless telephone tion 201 of the Federal Food, Drug, and Cos- ary 1, 2008. The action described in the pre- service.’’. metic Act (21 U.S.C. 321). ceding sentence includes requiring any United States financial institution that SA 5485. Mr. DODD (for himself and SEC. 1252. CLARIFICATION AND EXPANSION OF DEFINITIONS. holds funds and assets of a person so named Mr. SHELBY) submitted an amendment (a) PERSON.—Section 14(13)(B) of the Iran to report promptly to the Office of Foreign intended to be proposed by him to the Sanctions Act of 1996 (Public Law 104–172; 50 Assets Control information regarding such bill S. 3001, to authorize appropriations U.S.C. 1701 note) is amended— funds and assets. for fiscal year 2009 for military activi- (1) by inserting ‘‘financial institution, in- (B) ASSET REPORTING REQUIREMENT.—Not ties of the Department of Defense, for surer, underwriter, guarantor, and any other later than 14 days after a decision is made to military construction, and for defense business organization, including any foreign freeze the property or assets of any person activities of the Department of Energy, subsidiary, parent, or affiliate of the fore- under this paragraph, the President shall re- port the name of such person to the appro- to prescribe military personnel going,’’ after ‘‘trust,’’; and (2) by inserting ‘‘, such as an export credit priate congressional committees. strengths for such fiscal year, and for agency’’ before the semicolon. (4) UNITED STATES GOVERNMENT CON- other purposes; which was ordered to (b) PETROLEUM RESOURCES.—Section 14(14) TRACTS.—The head of an executive agency lie on the table; as follows: of the Iran Sanctions Act of 1996 (Public Law may not procure, or enter into a contract for

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the procurement of, any goods or services SEC. 1255. INCREASED CAPACITY FOR EFFORTS (4) PERSON.—The term ‘‘person’’ means— from a person that meets the criteria for the TO COMBAT UNLAWFUL OR TER- (A) a natural person, corporation, com- imposition of sanctions under section 5(a) of RORIST FINANCING. pany, business association, partnership, soci- the Iran Sanctions Act of 1996 (Public Law (a) FINDING.—Congress finds that the work ety, trust, or any other nongovernmental en- 104–172; 50 U.S.C. 1701 note). of the Office of Terrorism and Financial In- tity, organization, or group; telligence of the Department of the Treas- (B) any governmental entity or instrumen- (c) WAIVER.—The President may waive the ury, which includes the Office of Foreign As- application of the sanctions described in sub- tality of a government, including a multilat- sets Control and the Financial Crimes En- eral development institution (as defined in section (b) if the President— forcement Network, is critical to ensuring (1) determines that such a waiver is in the section 1701(c)(3) of the International Finan- that the international financial system is cial Institutions Act (22 U.S.C. 262r(c)(3))); national interest of the United States; and not used for purposes of supporting terrorism and (2) submits to the appropriate congres- and developing weapons of mass destruction. (C) any successor, subunit, parent com- sional committees a report describing the (b) AUTHORIZATION OF APPROPRIATIONS FOR pany, or subsidiary of any entity described reasons for the determination. OFFICE OF TERRORISM AND FINANCIAL INTEL- in subparagraph (A) or (B). LIGENCE.—There is authorized to be appro- SEC. 1254. LIABILITY OF PARENT COMPANIES priated to the Secretary of the Treasury for (5) STATE.—The term ‘‘State’’ means each FOR VIOLATIONS OF SANCTIONS BY of the several States, the District of Colum- FOREIGN SUBSIDIARIES. the Office of Terrorism and Financial Intel- ligence— bia, the Commonwealth of Puerto Rico, the (a) DEFINITIONS.—In this section: (1) $61,712,000 for fiscal year 2009; and United States Virgin Islands, Guam, Amer- (1) ENTITY.—The term ‘‘entity’’ means a (2) such sums as may be necessary for each ican Samoa, and the Commonwealth of the partnership, association, trust, joint ven- of the fiscal years 2010 and 2011. Northern Mariana Islands. ture, corporation, or other organization. (c) AUTHORIZATION OF APPROPRIATIONS FOR (6) STATE OR LOCAL GOVERNMENT.—The (2) OWN OR CONTROL.—The term ‘‘own or THE FINANCIAL CRIMES ENFORCEMENT NET- term ‘‘State or local government’’ includes— control’’ means, with respect to an entity— WORK.—Section 310(d)(1) of title 31, United (A) any State and any agency or instru- (A) to hold more than 50 percent of the eq- States Code, is amended by striking ‘‘such mentality thereof; uity interest by vote or value in the entity; sums as may be necessary for fiscal years (B) any local government within a State, (B) to hold a majority of seats on the board 2002, 2003, 2004, and 2005’’ and inserting and any agency or instrumentality thereof; of directors of the entity; or ‘‘$91,335,000 for fiscal year 2009 and such sums (C) any other governmental instrumen- (C) to otherwise control the actions, poli- as may be necessary for each of the fiscal tality; and cies, or personnel decisions of the entity. years 2010 and 2011’’. (D) any public institution of higher edu- (3) SUBSIDIARY.—The term ‘‘subsidiary’’ SEC. 1256. REPORTING REQUIREMENTS. cation within the meaning of the Higher means an entity that is owned or controlled, (a) FOREIGN INVESTMENT IN IRAN.— Education Act of 1965 (20 U.S.C. 1001 et seq.). directly or indirectly, by a United States (1) IN GENERAL.—Not later than 180 days SEC. 1262. AUTHORITY OF STATE AND LOCAL person. after the date of the enactment of this Act, GOVERNMENTS TO DIVEST FROM (4) UNITED STATES PERSON.—The term the President shall submit to the appro- CERTAIN COMPANIES THAT INVEST IN IRAN. ‘‘United States person’’ means— priate congressional committees a report (a) SENSE OF CONGRESS.—It is the sense of (A) a natural person who is a citizen, resi- on— Congress that the United States Government dent, or national of the United States; and (A) any foreign investments of $20,000,000 should support the decision of any State or (B) an entity that is organized under the or more made in Iran’s energy sector on or local government to divest from, or to pro- laws of the United States, any State or terri- after January 1, 2008, and before the date on hibit the investment of assets of the State or tory thereof, or the District of Columbia, if which the President submits the report; and local government in, a person that the State natural persons described in subparagraph (B) the determination of the President on or local government determines poses a fi- (A) own or control the entity. whether each such investment qualifies as a nancial or reputational risk. (b) IN GENERAL.—A United States person sanctionable offense under section 5(a) of the (b) AUTHORITY TO DIVEST.—Notwith- shall be subject to a penalty for a violation Iran Sanctions Act of 1996 (Public Law 104– standing any other provision of law, a State of the provisions of Executive Order 12959 (50 172; 50 U.S.C. 1701 note). or local government may adopt and enforce U.S.C. 1701 note) or Executive Order 13059 (50 (2) SUBSEQUENT REPORTS.—Not later than 1 measures that meet the requirements of sub- U.S.C. 1701 note), or any other prohibition on year after the date of the enactment of this section (d) to divest the assets of the State transactions with respect to Iran imposed Act, and every 180 days thereafter, the Presi- or local government from, or prohibit invest- under the authority of the International dent shall submit to the appropriate congres- ment of the assets of the State or local gov- Emergency Economic Powers Act (50 U.S.C. sional committees a report on— ernment in, any person that the State or 1701 et seq.), if— (A) any foreign investments of $20,000,000 local government determines, using credible (1) the President determines that the or more made in Iran’s energy sector during information available to the public, engages United States person establishes or main- the 180-day period preceding the submission in investment activities in Iran described in tains a subsidiary outside of the United of the report; and subsection (c). States for the purpose of circumventing such (B) the determination of the President on (c) INVESTMENT ACTIVITIES DESCRIBED.—A provisions; and whether each such investment qualifies as a person engages in investment activities in (2) that subsidiary engages in an act that, sanctionable offense under section 5(a) of the Iran described in this subsection if the per- if committed in the United States or by a Iran Sanctions Act of 1996 (Public Law 104– son— United States person, would violate such 172; 50 U.S.C. 1701 note). (1) has an investment of $20,000,000 or provisions. (b) FORM OF REPORTS.—The reports re- more— quired under subsection (a) shall be sub- (A) in the energy sector of Iran; or (c) WAIVER.—The President may waive the mitted in unclassified form, but may contain (B) in a person that provides oil or liquified application of subsection (b) if the Presi- a classified annex. natural gas tankers, or products used to con- dent— SEC. 1257. SENSE OF CONGRESS REGARDING THE struct or maintain pipelines used to trans- (1) determines that such a waiver is in the IMPOSITION OF SANCTIONS ON THE port oil or liquified natural gas, for the en- national interest of the United States; and CENTRAL BANK OF IRAN. ergy sector in Iran; or (2) submits to the appropriate congres- Congress urges the President, in the (2) is a financial institution that extends sional committees a report describing the strongest terms, to consider immediately $20,000,000 or more in credit to another per- reasons for the determination. using the authority of the President to im- son, for 45 days or more, if that person will pose sanctions on the Central Bank of Iran (d) EFFECTIVE DATE.— use the credit to invest in the energy sector and any other Iranian bank engaged in pro- (1) IN GENERAL.—Subsection (b) shall take in Iran. effect on the date of the enactment of this liferation activities or support of terrorist (d) REQUIREMENTS.—Any measure taken by Act and apply with respect to acts described groups. a State or local government under sub- in subsection (b)(2) that are— PART II—DIVESTMENT FROM CERTAIN section (b) shall meet the following require- (A) commenced on or after the date of the COMPANIES THAT INVEST IN IRAN ments: enactment of this Act; or SEC. 1261. DEFINITIONS. (1) NOTICE.—The State or local government (B) except as provided in paragraph (2), In this part: shall provide written notice to each person commenced before such date of enactment, if (1) ENERGY SECTOR.—The term ‘‘energy sec- to which a measure is to be applied. such acts continue on or after such date of tor’’ refers to activities to develop petroleum (2) TIMING.—The measure shall apply to a enactment. or natural gas resources or nuclear power. person not earlier than the date that is 90 (2) EXCEPTION.—Subsection (b) shall not (2) FINANCIAL INSTITUTION.—The term ‘‘fi- days after the date on which written notice apply with respect to an act described in nancial institution’’ has the meaning given is provided to the person under paragraph paragraph (1)(B) by a subsidiary owned or that term in section 14(5) of the Iran Sanc- (1). controlled by a United States person if the tions Act of 1996 (Public Law 104–172; 50 (3) OPPORTUNITY FOR HEARING.—The State United States person divests or terminates U.S.C. 1701 note). or local government shall provide an oppor- its business with the subsidiary not later (3) IRAN.—The term ‘‘Iran’’ includes any tunity to comment in writing to each person than 90 days after such date of enactment. agency or instrumentality of Iran. to which a measure is to be applied. If the

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.126 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8447 person demonstrates to the State or local istered investment company that divests an entity owned or controlled by the Govern- government that the person does not engage itself of securities in accordance with sec- ment of Iran in violation of the laws or regu- in investment activities in Iran described in tion 13(c) of the Investment Company Act of lations of the United States by any means, subsection (c), the measure shall not apply 1940 to include divestments of securities in including by— to the person. accordance with paragraph (1)(B) of such sec- (A) shipping such items through 1 or more (4) SENSE OF CONGRESS ON AVOIDING ERRO- tion, as added by subsection (a). foreign countries; or NEOUS TARGETING.—It is the sense of Con- SEC. 1264. SENSE OF CONGRESS REGARDING (B) by using false information regarding gress that a State or local government CERTAIN ERISA PLAN INVEST- the country of origin of such items. should not adopt a measure under subsection MENTS. (b) with respect to a person unless the State It is the sense of Congress that a fiduciary SEC. 1272. IDENTIFICATION OF LOCATIONS OF of an employee benefit plan, as defined in CONCERN WITH RESPECT TO TRANS- or local government has made every effort to SHIPMENT, REEXPORTATION, OR DI- avoid erroneously targeting the person and section 3(3) of the Employee Retirement In- VERSION OF CERTAIN ITEMS TO has verified that the person engages in in- come Security Act of 1974 (29 U.S.C. 1002(3)), IRAN. vestment activities in Iran described in sub- may divest plan assets from, or avoid invest- Not later than 180 days after the date of section (c). ing plan assets in, any person the fiduciary (e) NOTICE TO DEPARTMENT OF JUSTICE.— determines engages in investment activities the enactment of this Act, and annually Not later than 30 days after adopting a meas- in Iran described in section 1262(c) of this thereafter, the Director of National Intel- ure pursuant to subsection (b), a State or Act, without breaching the responsibilities, ligence shall submit to the Secretary of local government shall submit written no- obligations, or duties imposed upon the fidu- Commerce, the Secretary of State, the Sec- tice to the Attorney General describing the ciary by section 404 of the Employee Retire- retary of the Treasury, and the appropriate measure. ment Income Security Act of 1974 (29 U.S.C. congressional committees a report that iden- (f) NONPREEMPTION.—A measure of a State 1104), if— tifies all countries that the Director deter- or local government authorized under sub- (1) the fiduciary makes such determination mines are of concern with respect to trans- section (b) is not preempted by any Federal using credible information that is available shipment, reexportation, or diversion of law or regulation. to the public; and items subject to the provisions of the Export (g) DEFINITIONS.—In this section: (2) such divestment or avoidance of invest- Administration Regulations to an entity (1) INVESTMENT.—The ‘‘investment’’ of as- ment is conducted in accordance with sec- owned or controlled by the Government of sets, with respect to a State or local govern- tion 2509.94–1 of title 29, Code of Federal Reg- Iran. ment, includes— ulations (as in effect on the day before the (A) a commitment or contribution of as- date of the enactment of this Act). SEC. 1273. DESTINATIONS OF POSSIBLE DIVER- sets; PART III—PREVENTION OF TRANS- SION CONCERN AND DESTINATIONS (B) a loan or other extension of credit; and SHIPMENT, REEXPORTATION, OR DIVER- OF DIVERSION CONCERN. (C) the entry into or renewal of a contract SION OF SENSITIVE ITEMS TO IRAN (a) DESTINATIONS OF POSSIBLE DIVERSION for goods or services. SEC. 1271. DEFINITIONS. CONCERN.— (2) ASSETS.— In this part: (1) DESIGNATION.—The Secretary of Com- (A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘‘assets’’ refers to (1) APPROPRIATE CONGRESSIONAL COMMIT- merce shall designate a country as a Des- public monies and includes any pension, re- TEES.—The term ‘‘appropriate congressional tination of Possible Diversion Concern if the tirement, annuity, or endowment fund, or committees’’ means— Secretary, in consultation with the Sec- similar instrument, that is controlled by a (A) the Committee on Banking, Housing, retary of State and the Secretary of the State or local government. and Urban Affairs, the Committee on For- Treasury, determines that such designation eign Relations, and the Select Committee on is appropriate to carry out activities to (B) EXCEPTION.—The term ‘‘assets’’ does not include employee benefit plans covered Intelligence of the Senate; and strengthen the export control systems of by title I of the Employee Retirement In- (B) the Committee on Financial Services, that country based on criteria that include— come Security Act of 1974 (29 U.S.C. 1001 et the Committee on Foreign Affairs, and the (A) the volume of items that originated in seq.). Permanent Select Committee on Intelligence the United States that are transported (h) EFFECTIVE DATE.— of the House of Representatives. through the country to end-users whose iden- (1) IN GENERAL.—Except as provided in (2) END-USER.—The term ‘‘end-user’’ means tities cannot be verified; paragraph (2), this section applies to meas- an end-user as that term is used in the Ex- (B) the inadequacy of the export and reex- ures adopted by a State or local government port Administration Regulations. port controls of the country; before, on, or after the date of the enactment (3) ENTITY OWNED OR CONTROLLED BY THE (C) the unwillingness or demonstrated in- of this Act. GOVERNMENT OF IRAN.—The term ‘‘entity ability of the government of the country to (2) NOTICE REQUIREMENTS.—Subsections (d) owned or controlled by the Government of control diversion activities; and and (e) apply to measures adopted by a State Iran’’ includes— (D) the unwillingness or inability of the or local government on or after the date of (A) any corporation, partnership, associa- government of the country to cooperate with the enactment of this Act. tion, or other entity in which the Govern- the United States in interdiction efforts. SEC. 1263. SAFE HARBOR FOR CHANGES OF IN- ment of Iran owns a majority or controlling (2) STRENGTHENING EXPORT CONTROL SYS- VESTMENT POLICIES BY ASSET MAN- interest; and TEMS OF DESTINATIONS OF POSSIBLE DIVERSION AGERS. (B) any entity that is otherwise controlled CONCERN.—If the Secretary of Commerce des- (a) IN GENERAL.—Section 13(c)(1) of the In- by the Government of Iran. ignates a country as a Destination of Pos- vestment Company Act of 1940 (15 U.S.C. 80a– (4) EXPORT ADMINISTRATION REGULATIONS.— sible Diversion Concern under paragraph (1), 13(c)(1)) is amended to read as follows: The term ‘‘Export Administration Regula- the United States shall initiate government- ‘‘(1) IN GENERAL.—Notwithstanding any tions’’ means subchapter C of chapter VII of to-government activities described in para- other provision of Federal or State law, no title 15, Code of Federal Regulations. graph (3) to strengthen the export control person may bring any civil, criminal, or ad- (5) GOVERNMENT.—The term ‘‘government’’ systems of the country. ministrative action against any registered includes any agency or instrumentality of a (3) GOVERNMENT-TO-GOVERNMENT ACTIVITIES investment company, or any employee, offi- government. DESCRIBED.—The government-to-government cer, director, or investment adviser thereof, (6) IRAN.—The term ‘‘Iran’’ includes any activities described in this paragraph in- based solely upon the investment company agency or instrumentality of Iran. clude— divesting from, or avoiding investing in, se- (7) STATE SPONSOR OF TERRORISM.—The (A) cooperation by agencies and depart- curities issued by persons that the invest- term ‘‘state sponsor of terrorism’’ means any ments of the United States with counterpart ment company determines, using credible in- country the government of which the Sec- agencies and departments in a country des- formation available to the public— retary of State has determined has repeat- ignated as a Destination of Possible Diver- ‘‘(A) conduct or have direct investments in edly provided support for acts of inter- sion Concern under paragraph (1) to— business operations in Sudan described in national terrorism pursuant to— (i) develop or strengthen export control section 3(d) of the Sudan Accountability and (A) section 6(j)(1)(A) of the Export Admin- systems in the country; Divestment Act of 2007 (50 U.S.C. 1701 note); istration Act of 1979 (50 U.S.C. App. (ii) strengthen cooperation and facilitate or 2405(j)(1)(A)) (or any successor thereto); enforcement of export control systems in the ‘‘(B) engage in investment activities in (B) section 40(d) of the Arms Export Con- country; and Iran described in section 1262(c) of the Com- trol Act (22 U.S.C. 2780(d)); or (iii) promote information and data ex- prehensive Iran Sanctions, Accountability, (C) section 620A(a) of the Foreign Assist- changes among agencies of the country and and Divestment Act of 2008.’’. ance Act of 1961 (22 U.S.C. 2371(a)). with the United States; and (b) SEC REGULATIONS.—Not later than 120 (8) TRANSSHIPMENT, REEXPORTATION, OR DI- (B) efforts by the Office of International days after the date of the enactment of this VERSION.—The term ‘‘transshipment, re- Programs of the Department of Commerce to Act, the Securities and Exchange Commis- exportation, or diversion’’ means the expor- strengthen the export control systems of the sion shall issue any revisions the Commis- tation, directly or indirectly, of items that country to— sion determines to be necessary to the regu- originated in the United States to an end- (i) facilitate legitimate trade in high-tech- lations requiring disclosure by each reg- user whose identity cannot be verified or to nology goods; and

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.126 S11SEPT1 smartinez on PROD1PC64 with SENATE S8448 CONGRESSIONAL RECORD — SENATE September 11, 2008 (ii) prevent terrorists and state sponsors of section (a)(1), and certifies to Congress and SEC. 1056. GAO REVIEW OF ROLE OF IMPORTS IN terrorism, including Iran, from obtaining nu- the President that the country has ade- DEFENSE INDUSTRIAL BASE. clear, biological, and chemical weapons, de- quately strengthened the export control sys- (a) REVIEW REQUIRED.—The Comptroller fense technologies, components for impro- tems of the country to prevent trans- General of the United States shall conduct a vised explosive devices, and other defense shipment, reexportation, and diversion of thorough review of the application of provi- items. items through the country to end-users sions of the Export Administration Act of (b) DESTINATIONS OF DIVERSION CONCERN.— whose identities cannot be verified or to en- 1979 (50 U.S.C. App. 2401 et seq.) and the De- (1) DESIGNATION.—The Secretary of Com- tities owned or controlled by the Govern- fense Production Act (50 U.S.C. App. 2077 et merce shall designate a country as a Des- ment of Iran. seq.). (b) CONSIDERATIONS.—In conducting the re- tination of Diversion Concern if the Sec- (d) AUTHORIZATION OF APPROPRIATIONS.— view required under subsection (a), the retary, in consultation with the Secretary of There are authorized to be appropriated such Comptroller General shall examine— State and the Secretary of the Treasury, de- sums as may be necessary to carry out this (1) the safety of products and reliability of termines— section. (A) that the government of the country is supply chains that service defense infra- directly involved in transshipment, reexpor- SEC. 1274. REPORT ON EXPANDING DIVERSION structure; CONCERN SYSTEM TO COUNTRIES (2) the legal limitations, if any, on procure- tation, or diversion of items that originated OTHER THAN IRAN. in the United States to end-users whose iden- ment by the Department of Defense of prod- tities cannot be verified or to entities owned Not later than 180 days after the date of ucts manufactured in countries that have ex- or controlled by the Government of Iran; or the enactment of this Act, the Director of ported multiple unsafe products to the (B) 12 months after the Secretary of Com- National Intelligence, in consultation with United States; merce designates the country as a Destina- the Secretary of Commerce, the Secretary of (3) systems in place to determine the ori- tion of Possible Diversion Concern under State, and the Secretary of the Treasury, gin of products the Department procures and subsection (a)(1), that the country has shall submit to the appropriate congres- the reliability of manufacturing supply failed— sional committees a report that— chains; (i) to cooperate with the government-to- (1) identifies any country that the Director (4) information provided by suppliers to government activities initiated by the determines may be transshipping, reex- the Department about the origin of the prod- United States under subsection (a)(2); or porting, or diverting items subject to the ucts they use in their systems and sub- (ii) based on the criteria described in sub- provisions of the Export Administration systems; section (a)(1), to adequately strengthen the Regulations to another country if such other (5) information the Department currently export control systems of the country. country— requires of suppliers about the origin of (2) LICENSING CONTROLS WITH RESPECT TO (A) is seeking to obtain nuclear, biological, products, materials, and components; DESTINATIONS OF DIVERSION CONCERN.— or chemical weapons, defense technologies, (6) manufacturing production capacity in (A) REPORT ON SUSPECT ITEMS.— components for improvised explosive devices, the United States in the case of a surge in (i) IN GENERAL.—Not later than 45 days or other defense items; or production requests by the Department; after the date of the enactment of this Act, (B) provides support for acts of inter- (7) measures in place to determine coun- the Secretary of Commerce, in consultation national terrorism; and try-of-origin of products that have been sub- with the Director of National Intelligence, (2) assesses the feasability and advisability standard or not met criteria; the Secretary of State, and the Secretary of of expanding the system established under (8) the capacity of the United States indus- the Treasury, shall submit to the appro- section 1273 for designating countries as Des- trial base to manufacture for the national priate congressional committees a report tinations of Possible Diversion Concern and defense in the next 10 years; and containing a list of items that, if the items Destinations of Diversion Concern to include (9) such other issues as the Comptroller were transshipped, reexported, or diverted to countries identified under paragraph (1). General determines relevant. Iran, could contribute to— PART IV—EFFECTIVE DATE; SUNSET (c) REPORT.—Not later than 150 days after (I) Iran obtaining nuclear, biological, or the date of the enactment of this Act, the chemical weapons, defense technologies, SEC. 1281. EFFECTIVE DATE; SUNSET. Comptroller General shall submit to the components for improvised explosive devices, (a) EFFECTIVE DATE.—Except as provided in Committee on Banking, Housing, and Urban or other defense items; or sections 1254, 1262, and 1273(b)(2)(A), the pro- Affairs and the Committee on Armed Serv- (II) support by Iran for acts of inter- visions of, and amendments made by, this ices of the Senate and the Committees on Fi- national terrorism. subtitle shall take effect on the date that is nancial Services and the Committee on (ii) CONSIDERATIONS FOR LIST.—In devel- 120 days after the date of the enactment of Armed Services of the House of Representa- oping the list required under clause (i), the this Act. tives a report on the review conducted under Secretary of Commerce shall consider— (b) SUNSET.—The provisions of this subtitle subsection (a). (I) the items subject to licensing require- shall terminate on the date that is 30 days (d) RULE OF CONSTRUCTION.—Nothing in ments under section 742.8 of title 15, Code of after the date on which the President cer- this section shall be construed as affecting Federal Regulations (or any corresponding tifies to Congress that— any law or regulation otherwise pertaining similar regulation or ruling) and other exist- (1) the Government of Iran has ceased pro- to the protection of classified information or ing licensing requirements; and viding support for acts of international ter- proprietary information sought or obtained (II) the items added to the list of items for rorism and no longer satisfies the require- by the Comptroller General. which a license is required for exportation to ments for designation as a state sponsor of by the final rule of the Bureau terrorism under— SA 5487. Mr. CASEY (for himself and of Export Administration of the Department (A) section 6(j)(1)(A) of the Export Admin- Mr. HAGEL) submitted an amendment of Commerce issued on June 19, 2000 (65 Fed. istration Act of 1979 (50 U.S.C. App. intended to be proposed by him to the Reg. 38148; relating to export restrictions on 2405(j)(1)(A)) (or any successor thereto); bill S. 3001, to authorize appropriations North Korea). (B) section 40(d) of the Arms Export Con- for fiscal year 2009 for military activi- (B) LICENSING REQUIREMENT.—Not later trol Act (22 U.S.C. 2780(d)); or ties of the Department of Defense, for than 180 days after the date of the enactment (C) section 620A(a) of the Foreign Assist- military construction, and for defense of this Act, the Secretary of Commerce shall ance Act of 1961 (22 U.S.C. 2371(a)); and activities of the Department of Energy, (2) Iran has ceased the pursuit, acquisition, require a license to export an item on the to prescribe military personnel list required under subparagraph (A)(i) to a and development of nuclear, biological, and country designated as a Destination of Di- chemical weapons and ballistic missiles and strengths for such fiscal year, and for version Concern. ballistic missile launch technology. other purposes; which was ordered to (3) WAIVER.—The President may waive the lie on the table; as follows: imposition of the licensing requirement SA 5486. Mr. BROWN (for himself and At the appropriate place, insert the fol- under paragraph (2)(B) with respect to a Mr. BAYH) submitted an amendment in- lowing: country designated as a Destination of Di- tended to be proposed by him to the SEC. ll. COUNTERTERRORISM STATUS RE- version Concern if the President— bill S. 3001, to authorize appropriations PORTS. (a) SHORT TITLE.—This section may be (A) determines that such a waiver is in the for fiscal year 2009 for military activi- national interest of the United States; and cited as the ‘‘Success in Countering Al Qaeda (B) submits to the appropriate congres- ties of the Department of Defense, for Reporting Requirements Act of 2008’’. sional committees a report describing the military construction, and for defense (b) FINDINGS.—Congress makes the fol- reasons for the determination. activities of the Department of Energy, lowing findings: (c) TERMINATION OF DESIGNATION.—The des- to prescribe military personnel (1) Al Qaeda and its related affiliates at- ignation of a country as a Destination of strengths for such fiscal year, and for tacked the United States on September 11, Possible Diversion Concern or a Destination other purposes; which was ordered to 2001 in New York, New York, Arlington, Vir- of Diversion Concern shall terminate on the ginia, and Shanksville, Pennsylvania, mur- date on which the Secretary of Commerce lie on the table; as follows: dering almost 3000 innocent civilians. determines, based on the criteria described On page 303, between lines 3 and 4, insert (2) Osama bin Laden and his deputy Ayman in subparagraphs (A) through (D) of sub- the following: al-Zawahiri remain at large.

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.126 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8449 (3) In testimony to the Select Committee and measures of political, economic, and pose the greatest threat to the national se- on Intelligence of the Senate on February 5, military progress. curity of the United States; 2008, Director of National Intelligence J. Mi- (11) The Department of Defense compiles a (C) an evaluation of the extent to which chael McConnell stated, ‘‘Al-Qa’ida has been report of the monthly and cumulative incre- the counterterrorism efforts of the United able to retain a safehaven in Pakistan’s Fed- mental obligations incurred to support the States correspond to the plans developed by erally Administered Tribal Areas (FATA) Global War on Terrorism in a monthly Sup- the National Counterterrorism Center and that provides the organization many of the plemental and Cost of War Execution Report. the goals established in overarching public advantages it once derived from its base (c) SENSE OF CONGRESS.—It is the sense of statements of strategy issued by the execu- across the border in Afghanistan’’. Congress that— tive branch; (4) The July 2007 National Intelligence Es- (1) 7 years after the attacks on September (D) a description of the efforts of the timate states, ‘‘Al Qaeda is and will remain 11, 2001, Al Qaeda and its related affiliates re- United States Government to combat Al the most serious terrorist threat to the main the most serious national security Qaeda and its related affiliates and under- Homeland’’. threat to the United States, with alarming mine violent extremist ideology, which shall (5) In testimony to the Permanent Select signs that Al Qaeda and its related affiliates include— Committee on Intelligence of the House of recently reconstituted their strength and (i) a specific list of the President’s highest Representatives on February 7, 2008, Director ability to generate new attacks throughout of National Intelligence Michael McConnell global counterterrorism priorities; the world, including against the United (ii) the degree of success achieved by the stated, ‘‘Al-Qa’ida and its terrorist affiliates States; continue to pose significant threats to the United States, and remaining areas for (2) there remains insufficient information progress, in meeting the priorities described United States at home and abroad, and al- on current counterterrorism efforts under- Qa’ida’s central leadership based in the bor- in clause (i); and taken by the Federal Government and the (iii) efforts in those countries in which the der area of Pakistan is its most dangerous level of success achieved by specific initia- component.’’. President determines that— tives; (I) Al Qaeda and its related affiliates have (6) The ‘‘National Strategy for Combating (3) Congress and the American people can Terrorism’’, issued in September 2006, af- a presence; or benefit from more specific data and metrics (II) acts of international terrorism have firmed that long-term efforts are needed to that can provide the basis for objective ex- win the battle of ideas against the root been perpetrated by Al Qaeda and its related ternal assessments of the progress being causes of the violent extremist ideology that affiliates; made in the overall war being waged against sustains Al Qaeda and its affiliates. The (E) the specific status and achievements of violent extremism; United States has obligated resources to sup- United States counterterrorism efforts, (4) the absence of a comparable timely as- port democratic reforms and human develop- through military, financial, political, intel- sessment of the ongoing status and progress ment to undercut support for violent extre- ligence, and paramilitary elements, relating of United States counterterrorism efforts mism, including in the Federally Adminis- to— against Al Qaeda and its related affiliates in tered Tribal Areas in Pakistan and the Sahel (i) bilateral security and training pro- the overall Global War on Terrorism ham- region of Africa. However, 2 reports released grams; pers the ability of Congress and the Amer- by the Government Accountability Office in (ii) law enforcement and border security; ican people to independently determine 2008 (‘‘Combating Terrorism: The United (iii) the disruption of terrorist networks; whether the United States is making signifi- States Lacks Comprehensive Plan to Destroy and cant progress in this defining struggle of our the Terrorist Threat and Close the Safe (iv) the denial of terrorist safe havens and time; and Haven in Pakistan’s Federally Administered sanctuaries; (5) the Executive Branch should submit a Tribal Areas’’ (GAO-08-622, April 17, 2008) and (F) a description of United States Govern- comprehensive report to Congress, updated ‘‘Combating Terrorism: Actions Needed to ment activities to counter terrorist recruit- on an annual basis, which provides a more Enhance Implementation of Trans-Sahara ment and radicalization, including— Counterterrorism Partnership’’ (GAO-08-860, strategic perspective regarding— (A) the United States’ highest global (i) strategic communications; July 31, 2008)) found that ‘‘no comprehensive (ii) public diplomacy; plan for meeting U.S. national security goals counterterrorism priorities; (B) the United States’ efforts to combat (iii) support for economic development and in the FATA have been developed,’’ and ‘‘no political reform; and comprehensive integrated strategy has been and defeat Al Qaeda and its related affili- ates; (iv) other efforts aimed at influencing pub- developed to guide the [Sahel] program’s im- lic opinion; plementation’’. (C) the United States’ efforts to undercut long-term support for the violent extremism (G) United States Government initiatives (7) Such efforts to combat violent extre- to eliminate direct and indirect inter- mism and radicalism must be undertaken that sustains Al Qaeda and its related affili- national financial support for the activities using all elements of national power, includ- ates; of terrorist groups; ing military tools, intelligence assets, law (D) the progress made by the United States (H) a cross-cutting analysis of the budgets enforcement resources, diplomacy, para- as a result of such efforts; of all Federal Government agencies as they military activities, financial measures, de- (E) the efficacy and efficiency of the relate to counterterrorism funding to battle velopment assistance, strategic communica- United States resource allocations; and tions, and public diplomacy. (F) whether the existing activities and op- Al Qaeda and its related affiliates abroad, in- (8) In the report entitled ‘‘Suggested Areas erations of the United States are actually di- cluding— for Oversight for the 110th Congress’’ (GAO- minishing the national security threat posed (i) the source of such funds; and 08-235R, November 17, 2006), the Government by Al Qaeda and its related affiliates. (ii) the allocation and use of such funds; Accountability Office urged greater congres- (d) ANNUAL COUNTERTERRORISM STATUS RE- (I) an analysis of the extent to which spe- sional oversight in assessing the effective- PORTS.— cific Federal appropriations— ness and coordination of United States inter- (1) IN GENERAL.—Not later than July 31, (i) have produced tangible, calculable re- national programs focused on combating and 2009, and every July 31 thereafter, the Presi- sults in efforts to combat and defeat Al preventing the growth of terrorism and its dent shall submit a report, to the Committee Qaeda, its related affiliates, and its violent underlying causes. on Foreign Relations of the Senate, the Com- ideology; or (9) Section 140(a) of the Foreign Relations mittee on Foreign Affairs of the House of (ii) contribute to investments that have Authorization Act, Fiscal Years 1988 and 1989 Representatives, the Committee on Armed expected payoffs in the medium- to long- (22 U.S.C. 2656f(a)) requires that the Sec- Services of the Senate, the Committee on term; retary of State submit annual reports to Armed Services of the House of Representa- (J) statistical assessments, including those Congress that detail key developments on tives, the Committee on Appropriations of developed by the National Counterterrorism terrorism on a country-by-country basis. the Senate, the Committee on Appropria- Center, on the number of individuals belong- These Country Reports on Terrorism provide tions of the House of Representatives, the ing to Al Qaeda and its related affiliates that information on acts of terrorism in coun- Select Committee on Intelligence of the Sen- have been killed, injured, or taken into cus- tries, major developments in bilateral and ate, and the Permanent Select Committee on tody as a result of United States multilateral counterterrorism cooperation, Intelligence of the House of Representatives, counterterrorism efforts; and and the extent of state support for terrorist which contains, for the most recent 12- (K) a concise summary of the methods used groups responsible for the death, kidnaping, month period, a review of the by National Counterterrorism Center and or injury of Americans, but do not assess the counterterrorism strategy of the United other elements of the United States Govern- scope and efficacy of United States States Government, including— ment to assess and evaluate progress in its counterterrorism efforts against Al Qaeda (A) a detailed assessment of the scope, sta- overall counterterrorism efforts, including and its related affiliates. tus, and progress of United States the use of specific measures, metrics, and in- (10) The Executive Branch submits regular counterterrorism efforts in fighting Al Qaeda dices. reports to Congress that detail the status of and its related affiliates and undermining (2) INTERAGENCY COOPERATION.—In pre- United States combat operations in Iraq and long-term support for violent extremism; paring a report under this subsection, the Afghanistan, including a breakdown of budg- (B) a judgment on the geographical region President shall include relevant information etary allocations, key milestones achieved, in which Al Qaeda and its related affiliates maintained by—

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.127 S11SEPT1 smartinez on PROD1PC64 with SENATE S8450 CONGRESSIONAL RECORD — SENATE September 11, 2008 (A) the National Counterterrorism Center military or dual-use technology acquired by North Atlantic Treaty Organization (NATO) and the National Counterproliferation Cen- Iran from outside Iran, including from a for- to include qualified candidates; and ter; eign government or terrorist organization, (B) supports the commitment to further (B) Department of Justice, including the or provided by Iran to any foreign govern- enlargement of NATO to include democratic Federal Bureau of Investigation; ment or terrorist organization. governments that are able and willing to (C) the Department of State; (8) The nature and significance of any bi- meet the responsibilities of membership; (D) the Department of Defense; lateral or multilateral security or defense- (2) the expansion of NATO contributes to (E) the Department of Homeland Security; related cooperation agreements, whether for- the continued effectiveness and relevance of (F) the Department of the Treasury; mal or informal, between Iran and any for- the organization; (G) the Office of the Director of National eign government or terrorist organization. (3) Georgia and Ukraine have made impor- Intelligence, (9) Expenditures by Iran on each of the fol- tant progress in the areas of defense and (H) the Central Intelligence Agency; lowing: democratic and human rights reform; (I) the Office of Management and Budget; (A) The security forces of Iran, whether (4) a stronger, deeper relationship among (J) the United States Agency for Inter- regular and irregular. the Government of Georgia, the Government national Development; and (B) The programs of Iran relating to weap- of Ukraine, and NATO will be mutually bene- (K) any other Federal department that ons of mass destruction. ficial to those countries and to NATO mem- maintains relevant information. (C) Support provided to terrorist groups, ber states; (3) REPORT CLASSIFICATION.—Each report insurgent groups, irregular proxy forces, and (5) the United States should take the lead required under this subsection shall be— other non-state actors, and related activi- and encourage other member states of NATO (A) submitted in an unclassified form, to ties. to support the awarding of a Membership Ac- the maximum extent practicable; and (D) Assistance to other countries. tion Plan to Georgia and Ukraine as soon as (B) accompanied by a classified appendix, (c) APPROPRIATE COMMITTEES OF CONGRESS possible; as appropriate. DEFINED.—In this section, the term ‘‘appro- (6) the United States Government should priate committees of Congress’’ means— provide assistance to help rebuild infrastruc- SA 5488. Mr. BROWNBACK submitted (1) the Committee on Armed Services and ture in Georgia and continue to develop its an amendment intended to be proposed the Committee on Foreign Relations of the security partnership with the Government of by him to the bill S. 3001, to authorize Senate; and the Republic of Georgia by providing secu- (2) the Committee on Armed Services and appropriations for fiscal year 2009 for rity assistance to the armed forces of Geor- the Committee on International Relations of gia, as appropriate; military activities of the Department the House of Representatives. of Defense, for military construction, (7) the United States should work with fel- Mr. LIEBERMAN (for him- low NATO member states to develop contin- and for defense activities of the De- SA 5489. gency plans and infrastructure to address partment of Energy, to prescribe mili- self, Mr. GRAHAM, and Mr. LUGAR) sub- the security concerns of newly joined mem- tary personnel strengths for such fiscal mitted an amendment intended to be bers; year, and for other purposes; which was proposed by him to the bill S. 3001, to (8) the United States should expand efforts ordered to lie on the table; as follows: authorize appropriations for fiscal year to promote the development of democratic At the end of subtitle D of title XII, add 2009 for military activities of the De- institutions, the rule of law, and political the following: partment of Defense, for military con- parties in the independent states of the former Soviet Union; and SEC. 1233. BIENNIAL REPORT ON MILITARY struction, and for defense activities of POWER OF IRAN. the Department of Energy, to prescribe (9) the United States should work with its (a) BIENNIAL REPORTS REQUIRED.— military personnel strengths for such allies to ensure secure, reliable energy tran- sit routes in Central Asia, the Caucasus, and (1) IN GENERAL.—Not later than December fiscal year, and for other purposes; Eastern Europe. 31, 2009, and every two years thereafter which was ordered to lie on the table; through 2019, the Secretary of Defense shall as follows: submit to the appropriate committees of SA 5490. Mr. WARNER submitted an On page 360, after line 20, add the fol- Congress a report on the current and future amendment intended to be proposed by lowing: military and security strategy of Iran. him to the bill S. 3001, to authorize ap- SEC. 1233. REPORT ON THE SECURITY SITUATION (2) GENERAL SCOPE OF REPORTS.—Each re- propriations for fiscal year 2009 for IN THE CAUCASUS. port shall address the current and probable (a) REPORT REQUIRED.—Not later than 60 military activities of the Department future course of military-technological de- days after the date of the enactment of this of Defense, for military construction, velopment of the Iranian military and the Act, the Secretary of Defense shall submit to and for defense activities of the De- tenets and probable development of the the chairs and ranking minority members of partment of Energy, to prescribe mili- grand strategy, security strategy, and mili- the Committee on Foreign Relations and the tary strategy, and of military organizations tary personnel strengths for such fiscal Committee on Armed Services of the Senate year, and for other purposes; which was and operational concepts of Iran. and the Committee on Foreign Affairs and (3) FORM.—Each report shall be submitted the Committee on Armed Services of the ordered to lie on the table; as follows: in both unclassified and classified form. House of Representatives a report in classi- At the end of subtitle A of title IX, add the (b) ELEMENTS.—Each report under this sec- fied and unclassified form on the defense re- following: tion shall include analyses and forecasts quirements of the Republic of Georgia. SEC. 907. REVIEW AND REPORT ON ORGANIZA- with respect to the following: (b) CONTENT.—The report required under TIONAL STRUCTURE AND MISSIONS (1) The goals of Iranian grand strategy, se- subsection (a) shall include— OF THE DEPARTMENT OF DEFENSE curity strategy, and military strategy. (1) a description of the security situation FOR CYBER OPERATIONS. (2) The size, location, and capabilities of in the Caucasus following the recent conflict (a) REVIEW OF ORGANIZATIONAL STRUCTURE all land, sea, air, and irregular forces of Iran, between the Russian Federation and the Re- AND MISSIONS.—The Secretary of Defense and any other force controlled by the Iran public of Georgia, including a description of shall carry out a thorough review and assess- Government or receiving funds or training any Russian forces that continue to occupy ment of the organizational structure and from the Iran Government. internationally recognized Georgian terri- missions of the Department of Defense and (3) Developments in and the capabilities of tory; the military departments for cyber oper- the ballistic missile and any nuclear, chem- (2) an assessment of the damage sustained ations. ical, and biological weapons programs of by the armed forces of Georgia in the recent (b) SCOPE OF REVIEW.—The review required Iran. conflict with the Russian Federation; by subsection (a) shall address the following: (4) The degree to which Iran depends on un- (3) an analysis of the defense requirements (1) The chains of command for operations conventional, irregular, or asymmetric capa- of the Republic of Georgia following the con- in cyberspace to collect intelligence, defend bilities to achieve its strategic goals. flict with the Russian Federation, with a Department of Defense information net- (5) The irregular warfare capabilities of particular focus on the needs of the republic works and systems, and attack information Iran, including the exploitation of asym- of Georgia for enhanced air defenses and networks and systems, including whether metric strategies and related weapons and anti-armor capabilities; and such chains of command or can be integrated technology, the use of covert forces, the use (4) detailed recommendations on how the effectively to ensure unity of effort and of proxy forces, support for terrorist organi- Republic of Georgia, with United States as- timely responses. zations, and strategic communications ef- sistance, may improve its capability for self- (2) The joint requirements for capabilities forts. defense and more effectively control its ter- for offensive, defensive, and intelligence col- (6) Efforts by Iran to develop, acquire, or ritorial waters and air space. lection operations in cyberspace. gain access to information, communication, (c) SENSE OF CONGRESS.—It is the sense of (3) The manner in which the military de- nuclear, and other technologies that would Congress that— partments and Defense Agencies and com- enhance its military capabilities. (1) Congress— mands have responded to fulfill joint re- (7) The nature and significance of any (A) reaffirms its previous expressions of quirements and gaps between requirements arms, munitions, military equipment, or support for continued enlargement of the and capabilities, and the degree to which

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.127 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8451 plans and programs in the current future- concern. Climate change may exacerbate (1) The Marine Corps University of the years defense program will close such gaps. these challenges. United States Marine Corps was established (4) The roles and missions of the organiza- (4) The World Health Report 2002 notes in 1989 by the 29th Commandant of the Ma- tions within the Department of Defense and that effects of climate change on human rine Corps, General Alfred Gray USMC (ret.), the military departments with major cyber- health will undoubtedly have a greater im- with the mission to develop, deliver, and space responsibilities, including the roles pact on societies or individuals with scarce evaluate professional military education and and missions that would be assigned to an resources, where technologies are lacking, training through resident and distance edu- Air Force Cyber Command. and where infrastructure and institutions cation programs to prepare leaders to meet (5) The role of the Department of Defense such as the health sector are least able to the challenges of national security \and to in defending the United States and its crit- adapt. preserve, promote, and display the history ical infrastructure from attacks in cyber- (5) The United States National Security and heritage of the Marine Corps. space, including a comparison and contrast Strategy dated March, 2006 states that the (2) The United States Marine Corps Profes- between that role and the role of the Depart- United States faces new security challenges, sional Military Education System educates ment in defending the United States from including ‘‘environmental destruction, members of the United States Marine Corps, physical attack through the air, in space, whether caused by human behavior or cata- the United States Army, the United States and from the ground and sea. clysmic mega-disasters such as floods, hurri- Air Force, the United States Navy, and the (6) In the event of a large-scale mobiliza- canes, earthquakes, or tsunamis. Problems United States Coast Guard, civilian employ- tion and movement of the Armed Forces, and of this scope may overwhelm the capacity of ees of the Department of State, the Depart- the conduct of major military operations local authorities to respond, and may even ment of Justice, the Central Intelligence overseas, the dependence of the Department overtax national militaries, requiring a larg- Agency, and the Department of Defense ci- of Defense on, and its vulnerability to dis- er international response. These challenges vilians, and military officers of foreign coun- ruptions of, critical infrastructure from hos- are not traditional national security con- tries. tile cyberspace attacks, and the authorities cerns, such as the conflict of arms or (3) The national security of the United and capabilities of Department and civil offi- ideologies. But if left unaddressed they can States depends upon Marines who are edu- cials to take action to protect military mo- threaten national security.’’. cated in a military education system that bilization and force projection overseas. (b) REPORT ON THE NATIONAL SECURITY IM- produces creative, adaptable, and critical (7) The chain of command from the Presi- PACT OF RISING GLOBAL FOOD PRICES AND who thinkers able to meet the challenges of dent for operations to defend the networks WORLDWIDE SHORTAGES OF FOOD AND warfare in the 21st century. and information systems of the United WATER.— (4) The Commandant of the United States States Government as a whole, the executive (1) REQUIREMENT FOR REPORT.—Not later Marine Corps’ Planning Guidance directed departments and independent agencies of the than 180 days after the date of enactment of the President of the Marine Corps University Government, and the critical infrastructure this Act, the President shall submit to Con- to assess the health of the professional mili- of the United States from large-scale attacks gress a report on the national security im- tary education programs of the Marine Corps in cyberspace. pact of rising global food prices and world- for both officers and enlisted members and (c) REPORT.— wide shortages of food and water. make recommendations for the reorganiza- (1) IN GENERAL.—Not later than October 1, (2) CONTENT.—The report required by para- tion, resourcing, and adjustment of the num- 2009, the Secretary shall submit to the con- graph (1) shall include— ber of students enrolled in such programs. gressional defense committees a report set- (A) a description of the economic, geo- (5) In 2006, the Marine Corps University ting forth the following: graphic, ecological, social, and political fac- conducted a study under the leadership of (A) A comprehensive description of the re- tors contributing to the rise in price and General Charles Wilhelm USMC (ret.), to as- sults of the review required by subsection shortage of worldwide food supplies; sess the health of the United States Marine (a), including a description of the results of (B) a description of the impact of changing Corps Officer Professional Military Edu- each element of the review specified in sub- climate patterns on global stability with re- cation Program. This study concluded that section (b). spect to arable land and water resources; the Officer Professional Military Education (B) Such recommendations for legislative (C) an assessment of the implications, if System was generally sound. However, with- or administrative action as a result of the any, that might exist for United States na- out investment in facilities and information review as the Secretary considers appro- tional security and future missions for the technology infrastructure, the system will priate. Armed Forces given the potential social and be increasingly unable to meet the needs of (2) FORM.—The report required by this sub- political consequences of shortages in the Marine Corps officers, the Marine Corps gen- section shall be in unclassified form, but global supply of food and water; erally, and the Nation. may include a classified annex. (D) an assessment of the potential implica- (6) The Marine Corps has developed a com- tions for future demand for international hu- prehensive plan that will address the inad- SA 5491. Mr. WARNER (for himself manitarian operations and other inter- equate information technology infrastruc- and Mr. DURBIN) submitted an amend- national assistance activities given the po- ture and the inadequate facilities with a re- ment intended to be proposed by him tential social and political consequences of alistic military construction effort that will to the bill S. 3001, to authorize appro- shortages in the global supply of food and include the construction of the new Aca- priations for fiscal year 2009 for mili- water; and demic Support Instructional Facility for (E) an assessment of the national security tary activities of the Department of professional military education programs for implications for the United States of suc- both officers and enlisted members. Defense, for military construction, and ceeding or failing to succeed, with other (b) SENSE OF SENATE.—It is the sense of the for defense activities of the Depart- leading and emerging major contributors of Senate that the United States Marine Corps ment of Energy, to prescribe military greenhouse gas emissions, in efforts to re- is to be congratulated for— personnel strengths for such fiscal duce emissions. (1) remarkable achievement in providing year, and for other purposes; which was (3) FORM OF REPORT.—The report required creative, adaptive, and critical thinkers able ordered to lie on the table; as follows: by paragraph (1) shall be submitted in an un- to meet the challenges of warfare in the 21st classified form, but may include a classified center and the defense of the United States; At the end of subtitle E of title X, add the annex. (2) conducting an in-depth, institutionally following: honest assessment of the United States Ma- SEC. 1056. REPORT ON NATIONAL SECURITY IM- SA 5492. Mr. WARNER submitted an rine Corps Professional Military Education PACT OF RISING GLOBAL FOOD System; and PRICES AND WORLDWIDE SHORT- amendment intended to be proposed by AGES OF FOOD AND WATER. him to the bill S. 3001, to authorize ap- (3) pursuing the noble goal of creating a (a) FINDINGS.—Congress makes the fol- propriations for fiscal year 2009 for worldwide, world-class professional military lowing findings: military activities of the Department education institution. (1) Rising fuel prices, increased demand for of Defense, for military construction, food, and distribution challenges in devel- SA 5493. Mr. WARNER (for himself and for defense activities of the De- and Mr. WEBB) submitted an amend- oping countries have contributed to rising partment of Energy, to prescribe mili- food prices, which are adversely affecting the ment intended to be proposed by him security and welfare of millions of people tary personnel strengths for such fiscal to the bill S. 3001, to authorize appro- worldwide. year, and for other purposes; which was priations for fiscal year 2009 for mili- (2) In 2008, rising food prices sparked vio- ordered to lie on the table; as follows: tary activities of the Department of lent protests in Haiti and Egypt, and have At the end of subtitle D of title V, add the Defense, for military construction, and posed challenges to stability and governance following: for defense activities of the Depart- throughout the sub-Saharan region. SEC. 556. SENSE OF SENATE ON MARINE CORPS ment of Energy, to prescribe military (3) The lack of access to safe water and PROFESSIONAL MILITARY EDU- sanitation affects more than 2,000,000,000 peo- CATION. personnel strengths for such fiscal ple worldwide, posing a significant global se- (a) FINDINGS.—The Senate makes the fol- year, and for other purposes; which was curity, environmental, and public health lowing findings: ordered to lie on the table; as follows:

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.129 S11SEPT1 smartinez on PROD1PC64 with SENATE S8452 CONGRESSIONAL RECORD — SENATE September 11, 2008 On page 458, between lines 12 and 13, insert propriations for fiscal year 2009 for ment of all gender and ethnic specific groups the following: military activities of the Department within the Armed Forces. SEC. 2842. REQUIREMENTS PERTAINING TO CON- of Defense, for military construction, (2) SCOPE OF STUDY.—In carrying out the STRUCTION OF WALTER REED NA- study, the task force shall examine the fol- TIONAL MEDICAL CENTER, BE- and for defense activities of the De- lowing: THESDA, MARYLAND. partment of Energy, to prescribe mili- (A) Development of a uniform, Department (a) FINDINGS.—The Senate makes the fol- tary personnel strengths for such fiscal of Defense-wide definition of diversity that lowing findings: year, and for other purposes; which was is congruent with the Department’s core val- (1) Military personnel and their families, ordered to lie on the table; as follows: ues and vision for the future workforce. as well as veterans and retired military per- (B) The success of the current plans of the sonnel living in the National Capital region, At the end of subtitle G of title V, add the following: Department (including the plans of the mili- deserve to be treated in world class medical tary departments) at achieving diversity. facilities. SEC. 587. TASK FORCE ON DIVERSITY IN THE ARMED FORCES. (C) Existing metrics and milestones for (2) World class medical facilities are de- evaluating the diversity plans of the Depart- (a) ESTABLISHMENT OF TASK FORCE.— fined as incorporating the best practices of ment (including the plans of the military de- (1) IN GENERAL.—The Secretary of Defense the premier private health facilities in the partments) and for facilitating future eval- shall establish within the Department of De- country as well as the collaborative input of uation and oversight. fense a task force to examine matters re- military health care professionals into a de- (D) The effect of expanding Department of lated to diversity in the Armed Forces. sign that supports the unique needs of mili- Defense secondary educational programs, in- (b) COMPOSITION.— tary personnel and their families. cluding service academy preparatory (1) MEMBERSHIP.—The task force shall con- (3) The closure of the Walter Reed Army schools, to diverse civilian populations. sist of not more than 24 members appointed Medical Center in Washington, D.C., and the (E) Traditional military career paths for by the Secretary of Defense from among in- resulting construction of the National Mili- gender and ethnic specific members of the dividuals described in paragraph (2) who have tary Medical Center at the National Naval Armed Forces, and possible alternative ca- Medical Center, Bethesda, Maryland, and a demonstrated expertise in managing diver- reer paths that could enhance professional new military hospital at Fort Belvoir, Vir- sity. development. ginia, offers the Department of Defense the (2) ELIGIBLE INDIVIDUALS.—The members of (F) The success of current recruitment and opportunity to transition from antiquated the task force shall include the following: retention practices in attracting and main- existing facilities into world class medical (A) The Director of the Defense Manpower taining a sufficient number of diverse, quali- centers providing the highest quality of joint Management Center. fied individuals in officer pre-commissioning service care for military personnel. (B) One senior representative of the Office programs. (4) Congress has supported a Department of of the Deputy Secretary of Defense for Plans. (G) The success of current activities in in- Defense request to expedite the construction (C) One senior military member of each of creasing continuation rates for ethnic and of the new facilities at Bethesda and Fort the Army, the Navy, the Air Force, and the gender specific members of the Armed Belvoir in order to provide care in better fa- Marine Corps who serves or has served in a Forces. cilities as quickly as possible. leadership position with either a military de- (H) Pre-command billet assignments of (5) The Department of Defense has a re- partment command or a combatant com- gender and ethnic-specific members of the sponsibility to ensure that the expedited de- mand. Armed Forces. sign and construction of such facilities do (D) One retired general or flag officer from (I) Command selection for gender and eth- not result in degradation of the quality each of the Army, the Navy, the Air Force, nic-specific members of the Armed Forces. standards required for world class facilities. and the Marine Corps. (J) The existence and maintenance of fair (b) SENSE OF THE SENATE.—It is the sense (E) One senior noncommissioned officer promotion, assignment, and command oppor- of the Senate that— from each of the Army, the Navy, the Air tunities for ethnic and gender specific mem- (1) the Secretary of Defense should imme- Force, and the Marine Corps. bers of the Armed Forces at the warrant offi- diately establish a panel consisting of med- (F) Five retired senior officers who served cer, chief warrant officer, company grade/ ical facility design experts, military in leadership positions with either a military junior grade officer, field grade/mid-grade of- healthcare professionals, representatives of department command or combatant com- ficer, and general/flag officer levels. premier health care facilities in the United mand, of which no less than three shall rep- (K) The current institutional structure of States, and patient representatives— resent views of gender or ethnic specific the Office of Diversity Management and (A) to review conceptual design plans for groups. Equal Opportunity of the Department, and of the National Military Medical Center; and (G) Four individuals from outside the De- similar offices of the military departments, (B) to advise the Secretary whether the de- partment of Defense with expertise in culti- and their ability to ensure effective and ac- sign, in the view of the panel, will result in vating diversity in organizations. countable diversity management across the the goal of providing a world-class medical (H) An attorney with appropriate experi- Department. facility; and ence and expertise in constitutional and (L) The benefits of conducting an annual (2) if the panel determines that the concep- legal matters relating to the duties and rec- conference attended by civilian military, ac- tual design plan will not meet such goal, the ommendations of the task force. tive duty and retired military, and corporate panel should, as soon as possible but in no (3) CO-CHAIRS.—The Secretary of Defense leaders on diversity, to include a review of case later than 15 days after the date of the shall designate two of the members of the current policy and the annual demographic enactment of this Act, make recommenda- task force under subparagraphs (F) and (G) data from the Defense Equal Opportunity tions for changes to those plans to ensure of paragraph (2) as co-chairs of the task Management Institute. the construction of a world-class medical fa- force. (M) Private sector practices that have suc- cility. (4) PERIOD OF APPOINTMENT; VACANCIES.— cessfully cultivated diversity and diverse (c) MILESTONE SCHEDULE.— Members shall be appointed for the life of leadership. (1) PREPARATION.—The Secretary of De- the task force. Any vacancy in the task force (N) The status of prior recommendations fense shall prepare a complete milestone shall be filled in the same manner as the made to the Department and the military de- schedule for the closure of Walter Reed original appointment. partments, and to Congress, concerning di- Army Medical Hospital, the design and con- (5) DEADLINE FOR APPOINTMENT.—All mem- versity initiatives within the Armed Forces. struction of replacement facilities at the Na- bers of the task force shall be appointed not (O) Options for improving the substance or tional Naval Medical Center and Fort later than 60 days after the date of the enact- implementation of current plans and policies Belvoir, and the relocation of operations to ment of this Act. of the Department, and of the military de- the replacement facilities. The schedule (6) QUORUM.—12 members of the task force partments, described in subparagraphs (B) shall include a detailed plan regarding how shall constitute a quorum but a lesser num- through (L). the Department of Defense will carry out the ber may hold hearings. (3) ARMED FORCES DEFINED.—In this sub- transition of operations between Walter (c) MEETINGS.— section, the term ‘‘Armed Forces’’ means the Reed Army Medical Hospital and the re- (1) INITIAL MEETING.—The task force shall Army, the Navy, the Air Force, the Marine placement facilities. conduct its first meeting not later than 30 Corps, and the Coast Guard (whether or not (2) SUBMISSION.—The Secretary of Defense days after the date on which a majority of it is operating as a service in the Navy). shall submit the milestone schedule and the appointed members of the task force (4) CONSULTATION.—In carrying out the transition plan prepared under paragraph (1) have been appointed. study under this subsection, the task force to the congressional defense committees as (2) MEETINGS.—The task force shall meet may consult with appropriate private, for soon as possible, but in no case later than 90 at the call of the co-chairs. profit, and non-profit organizations and ad- days after the date of the enactment of this (d) DUTIES.— vocacy groups, and with appropriate Federal Act. (1) STUDY.—The task force shall study the commissions (including the Commission of diversity within all grades of the Armed the National Guard and Reserves), to learn SA 5494. Mr. CARDIN submitted an Forces. The study shall include a comprehen- methods for developing, implementing, and amendment intended to be proposed by sive evaluation and assessment of policies sustaining senior diverse leadership within him to the bill S. 3001, to authorize ap- that provide opportunities for the advance- the Department of Defense.

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(e) POWERS OF THE TASK FORCE.— (C) Such other information and rec- ‘‘(A) Three years. (1) HEARINGS.—The task force may hold ommendations the task force considers ap- ‘‘(B) The period ending on the date on such hearings, sit and act at such times and propriate. which the dependent attains 21 years of age. places, take such testimony, and receive (3) INTERIM REPORTS.—The task force may ‘‘(C) In the case of a dependent who, at 21 such evidence as the task force considers ap- submit to the Secretary of Defense, and to years of age, is enrolled in a full-time course propriate. the committees of Congress referred to in of study at an institution of higher learning (2) INFORMATION FROM FEDERAL AGENCIES.— paragraph (1), such additional interim re- approved by the administering Secretary and Upon request by the co-chairs of the task ports as the task force considers appropriate. is, or was, at the time of the member’s force, any department or agency of the Fed- (h) TERMINATION OF TASK FORCE.—The task death, in fact dependent on the member for eral Government may provide information force shall terminate 60 days after the date over one-half of the dependent’s support, the that the task force considers necessary to on which the task force submits the report period ending on the earlier of the following carry out its duties. under subsection (g)(2). dates: (i) FUNDING.—Amounts for the task force ‘‘(i) The date on which the dependent (f) TASK FORCE PERSONNEL MATTERS.— in carrying out its duties under this section ceases to pursue such a course of study, as (1) COMPENSATION OF MEMBERS.—Each shall be derived from amounts authorized to determined by the administering Secretary. member of the task force who is not an offi- be appropriated by this division. ‘‘(ii) The date on which the dependent at- cer or employee of the Federal Government tains 23 years of age’’. shall be compensated at a rate equal to the SA 5495. Mr. NELSON (for himself daily equivalent of the annual rate of basic and Mr. GRAHAM) submitted an amend- Mr. NELSON of Nebraska pay prescribed for level IV of the Executive SA 5497. ment intended to be proposed by him (for himself, Mr. GRAHAM, Mr. Schedule under section 5315 of title 5, United to the bill S. 3001, to authorize appro- States Code, for each day (including travel VOINOVICH, and Mr. CORKER) submitted time) during which such member is engaged priations for fiscal year 2009 for mili- an amendment intended to be proposed in the performance of the duties of the task tary activities of the Department of by him to the bill S. 3001, to authorize force. All members of the task force who are Defense, for military construction, and appropriations for fiscal year 2009 for officers or employees of the United States for defense activities of the Depart- military activities of the Department shall serve without compensation in addition ment of Energy, to prescribe military of Defense, for military construction, to that received for their services as officers personnel strengths for such fiscal and for defense activities of the De- or employees of the United States. year, and for other purposes; which was partment of Energy, to prescribe mili- (2) TRAVEL EXPENSES.—The members of the ordered to lie on the table; as follows: task force shall be allowed travel expenses, tary personnel strengths for such fiscal including per diem in lieu of subsistence, at At the end of subtitle B of title VII, add year, and for other purposes; which was the following: rates authorized for employees of agencies ordered to lie on the table; as follows: under subchapter I of chapter 57 of title 5, SEC. 714. ENHANCEMENT OF TRANSITIONAL DEN- TAL CARE FOR MEMBERS OF THE At the end of subtitle G of title X, add the United States Code, while away from their RESERVE COMPONENTS ON ACTIVE following: homes or regular places of business in the DUTY FOR MORE THAN 30 DAYS IN SEC. 1083. NONCOMPETITIVE APPOINTMENT OF performance of services for the task force. SUPPORT OF A CONTINGENCY OPER- SPOUSES OF MILITARY PERSONNEL. ATION. (3) STAFF.— (a) DEFINITIONS.—In this section: (A) IN GENERAL.—The co-chairs of the task Section 1145(a) of title 10, United States (1) ACTIVE DUTY.—The term ‘‘active duty’’ force may, without regard to the civil serv- Code, is amended— means full-time duty in the armed forces. In ice laws and regulations, appoint and termi- (1) in paragraph (1)(A), by inserting ‘‘ex- the case of a member of a reserve component nate an executive director and such other ad- cept as provided in paragraph (3),’’ before of the armed forces, including a member of ditional personnel as may be necessary to ‘‘medical and dental care’’; the National Guard performing full-time Na- enable the task force to perform its duties. (2) by redesignating paragraphs (3), (4), (5), tional Guard duty, the term does not include The employment of an executive director and (6) as paragraphs (4), (5), (6), and (7), re- training duties or attendance at schools. shall be subject to confirmation by the task spectively; (2) PERMANENT CHANGE OF STATION.—The force. (3) by inserting after paragraph (2) the fol- term ‘‘permanent change of station’’ has the (B) COMPENSATION.—The co-chairs of the lowing new paragraph (3): meaning given that term in Appendix A, Vol- task force may fix the compensation of the ‘‘(3) In the case of a member described in ume 1 of the Department of Defense Joint executive director and other personnel of the paragraph (2)(B), the dental care to which Federal Travel Regulations. the member is entitled under this subsection task force without regard to the provisions (3) TOTALLY DISABLED RETIRED OR SEPA- shall be the dental care to which a member of chapter 51 and subchapter III of chapter 53 RATED MEMBER OF THE ARMED FORCES.—The of title 5, United States Code, relating to the of the uniformed services on active duty for term ‘‘totally disabled retired or separated classification of position and General Sched- more than 30 days is entitled under section member of the armed forces’’ means an indi- ule pay rates, except that the rate of pay for 1074 of this title.’’; and vidual who— the executive director and other personnel (4) in subparagraph (A) of paragraph (6), as (A) is retired from the armed forces under may not exceed the rate payable for level V redesignated by paragraph (2) of this section, chapter 61 of title 10, United States Code, of the Executive Schedule under section 5316 by striking ‘‘paragraph (4)’’ and inserting with a disability rating at the time of retire- of such title. ‘‘paragraph (5)’’. ment of 100 percent disabled or; (B) has a disability rating of 100 percent (g) REPORTS.— SA 5496. Mr. NELSON of Nebraska (1) INITIAL REPORT.—Not later than three from the Department of Veterans Affairs. (for himself and Mr. GRAHAM) sub- months after the first meeting of the task (b) APPOINTMENT AUTHORITY.—(1) Under force, the task force shall submit the Com- mitted an amendment intended to be such regulations as the Director of the Office mittees on Armed Services of the Senate and proposed by him to the bill S. 3001, to of Personnel Management shall prescribe, the House of Representatives a report set- authorize appropriations for fiscal year the head of an agency may make a non- ting forth the following: 2009 for military activities of the De- competitive appointment to a position in the (A) A strategic plan for the work of the partment of Defense, for military con- competitive service to which the appointee task force. struction, and for defense activities of is qualified of— (B) A discussion of the activities of the the Department of Energy, to prescribe (A) the spouse of a member of the armed task force as of the date of the report. forces who, as determined by the Secretary (C) Any initial findings of the task force as military personnel strengths for such of Defense, is performing active duty under of the date of the report. fiscal year, and for other purposes; orders that authorize a permanent change of (2) FINAL REPORT.—Not later than twelve which was ordered to lie on the table; station; months after the first meeting of the task as follows: (B) the spouse of a totally disabled retired force, the task force shall submit to the Sec- At the end of subtitle A of title VII, insert or separated member of the armed forces; or retary of Defense, and to the committees of the following: (C) the unremarried widow or widower of a Congress referred to in paragraph (1), a re- SEC. 702. EXPANSION OF ELIGIBILITY OF SUR- member of the armed forces who died on ac- port on the study required by subsection (d). VIVORS UNDER THE TRICARE DEN- tive duty. The report shall include the following: TAL PROGRAM. (2) An appointment under paragraph (1)— (A) The findings and conclusions of the Section 1076a(k)(3) of title 10, United (A) of an individual described in paragraph task force as a result of the study. States Code, is amended by inserting before (1)(A) may only be made— (B) Such recommendations as the task the period at the end the following: (i) not more than 2 years after the station force considers necessary in order to increase ‘‘, except that, in the case of a dependent is permanently changed under the orders; recruitment, retention, promotion, and ac- described by subparagraph (D) or (I) of sec- and cession of gender and ethnic specific groups tion 1072(2) of this title, the period of con- (ii) to a duty station in the same geo- in order to achieve and maintain diversity at tinuing eligibility shall be the longer of the graphical area as the changed permanent all levels of the Armed Forces. following periods beginning on such date: station;

VerDate Aug 31 2005 04:31 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.131 S11SEPT1 smartinez on PROD1PC64 with SENATE S8454 CONGRESSIONAL RECORD — SENATE September 11, 2008 (B) of an individual described in paragraph on Monday, September 15, 2008, at 11 preneurship be authorized to meet dur- (1)(B) may only be made not more than 2 a.m. to receive testimony on Voter ing the session of the Senate to con- years after— Registration for Wounded Warriors: S. duct a hearing entitled ‘‘Business (i) the retirement of the member of the 3308, the ‘‘Veterans Voter Support Start-up Hurdles in Underserved Com- armed forces described in subsection (a)(3)(A); Act.’’ munities: Access to Venture Capital (ii) the member of the armed forces de- Individuals and organizations that and Entrepreneurship Training,’’ on scribed in subsection (a)(3)(B) received a dis- wish to submit a statement for the Thursday, September 11, 2008, begin- ability rating described in that subsection; hearing record are requested to contact ning at 10 a.m., in room 428A of the and the Chief Clerk, Lynden Armstrong, at Russell Senate Office Building. (C) of an individual described in paragraph 202–224–7078. The PRESIDING OFFICER. Without (1)(C) may only be made not more than 2 For further information regarding objection, it is so ordered. years after the death of the member of the this hearing, please contact Howard COMMITTEE ON VETERANS’ AFFAIRS AND THE armed forces. Gantman at the Rules and Administra- HOUSE VETERANS’ AFFAIRS COMMITTEE (3)(A) During any time period described in Mr. LAUTENBERG. Mr. President, I paragraph (2)(A)(i), (B), or (C), an individual tion Committee, 202–224–6352. ask unanimous consent that the Com- may receive no more than 1 permanent ap- f pointment under paragraph (1). mittee on Veterans’ Affairs be author- (B) Any individual who received an ap- AUTHORITY FOR COMMITTEES TO ized to meet jointly with the House pointment under paragraph (1) during the pe- MEET Veterans’ Affairs Committee during riod described in paragraph (2)(B) may not COMMITTEE ON ENERGY AND NATURAL the session of the Senate on Thursday, receive an appointment during the period de- RESOURCES September 11, 2008, in room 345 of the scribed in paragraph (2)(C). Cannon House Office Building, begin- (4) Before the head of an agency may make Mr. LAUTENBERG. Mr. President, I an appointment under paragraph (1), the ask unanimous consent that the Com- ning at 9:30 a.m. head of the agency shall, at least to an ex- mittee on Energy and Natural Re- The PRESIDING OFFICER. Without tent that satisfies the requirements of appli- sources be authorized to meet during objection, it is so ordered. cable law and regulation, provide advance the session of the Senate to conduct a PERMANENT SUBCOMMITTEE ON INVESTIGATIONS notice of the vacancy to employees of the business meeting on Thursday, Sep- Mr. LAUTENBERG. Mr. President, I agency and to others. tember 11, 2008, at 12 noon, in room SD– ask unanimous consent that the Per- (c) STATUS OF PREFERENCE ELIGIBLES.— 366 of the Dirksen Senate Office Build- manent Subcommittee on Investiga- Nothing in this section shall be construed to tions of the Committee on Homeland deprive an individual who is a preference eli- ing. gible of a preference in hiring over an indi- The PRESIDING OFFICER. Without Governmental Affairs be authorized to vidual who is not a preference eligible. objection, it is so ordered. meet on Thursday, September 11, 2008, (d) REPORT TO CONGRESS.—(1) Not later COMMITTEE ON FOREIGN RELATIONS at 9 a.m. to conduct a hearing entitled than 4 years after the date of enactment of Mr. LAUTENBERG. Mr. President, I ‘‘Dividend Tax Abuse: How Offshore this Act, the Director of the Office of Per- Entities Dodge Taxes on U.S. Stock sonnel Management shall, in consultation ask unanimous consent that the Com- mittee on Foreign Relations be author- Dividends.’’ with and with the assistance of the Sec- The PRESIDING OFFICER. Without ized to meet during the session of the retary of Defense, prepare a report on activi- objection, it is so ordered. ties carried out under this section and shall Senate on Thursday, September 11, SPECIAL COMMITTEE ON AGING submit it to— 2008, at 9 a.m. Mr. LAUTENBERG. Mr. President, I (A) the Committee on Homeland Security The PRESIDING OFFICER. Without ask unanimous consent that the Spe- and Governmental Affairs and the Com- objection, it is so ordered. mittee on Armed Services of the Senate; and cial Committee on Aging be authorized (B) the Committee on Government Over- COMMITTEE ON HOMELAND SECURITY AND to meet during the session of the Sen- GOVERNMENTAL AFFAIRS sight and Reform and the Committee on ate on Thursday, September 11, 2008, Armed Services of the House of Representa- Mr. LAUTENBERG. Mr. President, I from 10 a.m.–12:30 p.m. in Russell 325. tives. ask unanimous consent that the Com- The PRESIDING OFFICER. Without (2) The report shall include— mittee on Homeland Security and Gov- objection, it is so ordered. (A) findings and conclusions regarding— ernmental Affairs be authorized to (i) the extent to which the exercise of the meet during the session of the Senate f authority under this section has served the on Thursday September 11, 2008, at 2:30 PRIVILEGES OF THE FLOOR public interest; (ii) the extent to which the exercise of the p.m. Mr. NELSON of Nebraska. Mr. Presi- authority under this section has had con- The PRESIDING OFFICER. Without dent, I ask also unanimous consent sequences that are counter to the public in- objection, it is so ordered. that MAJ Marc Packler, my military terest; and COMMITTEE ON INDIAN AFFAIRS fellow, be given the privilege of the (iii) opinions of spouses of members of the Mr. LAUTENBERG. I ask unanimous floor during the Senate debate on the armed services and of employees and man- consent that the Committee on Indian Defense authorization bill. agers of agencies where appointments under The PRESIDING OFFICER. Without subsection (b)(1) were made with respect to Affairs be authorized to meet during the authority under this section and its exer- the session of the Senate on Thursday, objection, it is so ordered. cise; September 11, at 9:30 a.m. in room 628 Mr. WICKER. Mr. President, I ask (B) any available and appropriate quan- of the Dirksen Senate Office Building. unanimous consent that Chad titative, as well as qualitative, measures to The PRESIDING OFFICER. Without Jungbluth and Andrew Pate, military support the findings and conclusions in sub- objection, it is so ordered. fellows serving in my office, be granted paragraph (A); and COMMITTEE ON THE JUDICIARY floor privileges for the duration of the (C) recommendations as to whether the au- consideration of the fiscal year 2009 De- thority under this section should be reau- Mr. LAUTENBERG. Mr. President, I ask unanimous consent that the Sen- fense authorization bill. thorized, and, if so, recommendations wheth- The PRESIDING OFFICER. Without ate Committee on the Judiciary be au- er the authority should be made permanent objection, it is so ordered. and codified within title 5 of the United thorized to meet during the session of Mr. GRASSLEY. Madam President, I States Code and recommendations for any the Senate, to conduct an executive amendments to this section. ask unanimous consent that Katie business meeting on Thursday, Sep- Graham of my Finance Committee (e) TERMINATION OF AUTHORITY.—The au- tember 11, 2008, at 10 a.m. in room SD– thority to make an appointment under this staff have privileges of the floor for the section shall terminate 5 years after the date 562 of the Dirksen Senate Office Build- duration of the 110th Congress. of enactment of this Act. ing. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without f objection, it is so ordered. objection, it is so ordered. f NOTICE OF HEARING COMMITTEE ON SMALL BUSINESS AND COMMITTEE ON RULES AND ADMINISTRATION ENTREPRENEURSHIP MEASURE INDEFINITELY Mrs. FEINSTEIN. Mr. President, I Mr. LAUTENBERG. Mr. President, I POSTPONED—S.J. RES. 42 wish to announce that the Committee ask unanimous consent that the Com- Mr. NELSON of Florida. Mr. Presi- on Rules and Administration will meet mittee on Small Business and Entre- dent, I ask unanimous consent that

VerDate Aug 31 2005 05:46 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A11SE6.132 S11SEPT1 smartinez on PROD1PC64 with SENATE September 11, 2008 CONGRESSIONAL RECORD — SENATE S8455 Calendar No. 942, S.J. Res. 42, be indefi- Whereas Pentagon officials, county fire, (4) recognizes the valiant service, actions, nitely postponed. police, and sheriff departments, the Metro- and sacrifices of United States personnel, in- The PRESIDING OFFICER. Without politan Washington Airports Authority, the cluding members of the United States Armed objection, it is so ordered. Ronald Reagan Washington National Airport Forces, the United States intelligence agen- Fire Department, the Fort Myer Fire De- cies, the United States diplomatic service, f partment, the Virginia State Police, the Vir- law enforcement personnel, and their fami- TERRORIST ATTACKS OF ginia Department of Emergency Manage- lies, who have given so much, including their SEPTEMBER 11, 2001 ment, the Federal Bureau of Investigation, lives and well-being, to support the cause of the Federal Emergency Management Agen- freedom and defend our Nation’s security; Mr. NELSON of Florida. Mr. Presi- cy, a National Medical Response Team, the and dent, I ask unanimous consent that the Bureau of Alcohol, Tobacco, and Firearms, (5) reaffirms that the people of the United Senate proceed to the immediate con- and numerous military personnel all re- States will never forget the challenges our sideration of S. Res. 656, submitted ear- sponded promptly and courageously to this country endured on and since September 11, lier today by Senators REID and attack on the United States military estab- 2001, and will work tirelessly to defeat those MCCONNELL. lishment; who attacked our Nation. The PRESIDING OFFICER. The Whereas the passengers and crew of hi- f clerk will report the resolution by jacked United Airlines Flight 93 acted hero- ically to retake control of the airplane and title. ORDERS FOR FRIDAY, SEPTEMBER The legislative clerk read as follows: thwart the taking of additional American lives by crashing the airliner in Shanksville, 12, 2008 A resolution (S. Res. 656) expressing the Pennsylvania, and, in doing so, gave their sense of the Senate regarding the terrorist Mr. NELSON of Florida. Mr. Presi- lives to save countless others; attacks committed against the United dent, I ask unanimous consent that States of America on September 11, 2001. Whereas nearly 3,000 innocent civilians when the Senate completes its business were killed in the heinous attacks of Sep- today, it stand adjourned until 9:30 There being no objection, the Senate tember 11, 2001; proceeded to consider the resolution. Whereas the Fire Department of New York a.m. tomorrow, Friday, September 12; Mr. NELSON of Florida. Mr. Presi- suffered 343 fatalities on September 11, 2001, that following the prayer and pledge, dent, I ask unanimous consent that the the largest loss of life of any emergency re- the Journal of proceedings be approved resolution be agreed to, the preamble sponse agency in United States history; to date, the morning hour be deemed be agreed to, the motions to reconsider Whereas the Port Authority Police Depart- expired, the time for the two leaders be be laid upon the table, with no inter- ment suffered 37 fatalities in the attacks, the reserved for their use later in the day, vening action or debate, and that any largest loss of life of any police force in and the Senate resume consideration of statements relating to the resolution United States history; S. 3001, the Defense authorization bill. Whereas the New York Police Department be printed in the RECORD. suffered 23 fatalities as a result of the ter- I further ask that the previous prohibi- The PRESIDING OFFICER. Without rorist attacks, the second largest loss of life tion on motions to proceed be in effect objection, it is so ordered. of any police force in United States history, during Friday’s session of the Senate. The resolution (S. Res. 656) was exceeded only by the number of Port Author- The PRESIDING OFFICER. Without agreed to. ity Police Department officers lost that objection, it is so ordered. The preamble was agreed to. same day; The resolution, with its preamble, Whereas seven years later, the people of f reads as follows: the United States of America and people S. RES. 656 around the world continue to mourn the tre- PROGRAM Whereas at 8:46 AM on the morning of Sep- mendous loss of innocent life on that fateful Mr. NELSON of Florida. Mr. Presi- tember 11, 2001, hijacked American Airlines day; and dent, as previously announced, there Whereas seven years later, thousands of Flight 11 was flown into the upper portion of will be no rollcall votes tomorrow or the North Tower of the World Trade Center men and women in the United States Armed Forces remain in harm’s way defending our Monday. However, the managers of the in New York City, New York; bill will be on the floor to debate any Whereas 17 minutes later, at 9:03 AM, hi- Nation against those who seek to threaten jacked United Airlines Flight 175 crashed the United States: Now, therefore, be it further amendments to the Defense au- into the South Tower of the World Trade Resolved, That the Senate— thorization bill. Center; (1) recognizes September 11, 2008, as a day f Whereas the Fire Department of New York of solemn commemoration of the events of (FDNY), the New York Police Department September 11, 2001; ADJOURNMENT UNTIL 9:30 A.M. (NYPD), the Port Authority Police Depart- (2) offers its deepest and most sincere con- ment (PAPD), the Office of Emergency Man- dolences to the families, friends, and loved TOMORROW agement (OEM) of the Mayor of New York, ones of the innocent victims of the Sep- Mr. NELSON of Florida. Mr. Presi- and countless eyewitnesses and public health tember 11, 2001, terrorist attacks; dent, if there is no further business to officials responded immediately and val- (3) honors the heroic service, actions, and come before the Senate, I ask unani- iantly to these horrific events; sacrifices of first responders, law enforce- mous consent that the Senate stand Whereas at 9:37 AM, the west wall of the ment personnel, State and local officials, Pentagon was hit by hijacked American Air- volunteers, and countless others who aided adjourned under the previous order. lines Flight 77, whose impact caused imme- the innocent victims of these attacks and, in There being no objection, the Senate, diate and catastrophic damage to the head- doing so, bravely risked and often gave their at 7 p.m., adjourned until Friday, Sep- quarters of the Department of Defense; own lives; tember 12, 2008, at 9:30 a.m.

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THE DAILY 45: 118 YOUNG MALES Accreditation Inspection Team Leader. Mr. and led the first Coalition Forces into Kuwait LOST TO GUN VIOLENCE IN D.C. Whitt served selflessly on numerous commit- City. Company ‘‘A,’’ under Captain Shupp’s tees representing the Alexandria Zoo in world- leadership, then participated in the capture of HON. BOBBY L. RUSH wide conservation efforts for endangered spe- the Kuwait International Airport. In 2004, Colo- OF ILLINOIS cies. nel Shupp returned to the Persian Gulf and In addition, Mr. Whitt’s talent as a musician, assumed command of Regimental Combat IN THE HOUSE OF REPRESENTATIVES particularly a Hammond B–3 player, was cele- Team-1 (RCT–1) at Camp Fallujah, Iraq. He Thursday, September 11, 2008 brated. He played with many local and re- commanded the Regiment during counter-in- Mr. RUSH. Madam Speaker, the Depart- gional musicians, as well as with greats like surgency operations, the second Battle of ment of Justice tells us that, every day, 45 B.B. King and B.B. Major. He was altruistically Fallujah, humanitarian assistance and recon- people, on average, are fatally shot in the involved with the youth and was a mentor to struction efforts, and the first free Iraqi Na- United States. In August, D.C. police were in- young zoo professionals, teen volunteers, Boy tional election. After leaving Iraq, the Marine vestigating the circumstances surrounding the Scouts, and musicians. Corps and Department of Defense chose to murder of victims number 117 and 118, just Thousands of families will never overcome capitalize on his experience. He was selected two of the latest to die this year due to gun- this loss of a true son of Alexandria. Madam to serve as the Chief of Staff for the Joint Im- related violence. Speaker, I ask my colleagues to join me in provised Explosive Device Defeat Organiza- These murders occurred just north of Union honoring Mr. Les Whitt for his exceptional con- tion in Washington, DC. Station in the vacant, dilapidated Temple tributions to central Louisiana and unparalleled For 28 years, Colonel Shupp has served Courts high-rise and townhouses. This is an influence on those of us who were blessed to this great country from locations all over the area to be razed in the coming months, and know him. world. Whether he was training new recruits, although a new structure will rise—erasing the f commanding marines in combat or working tragic events that lead to their deaths; these with Congress, he served with both honor and A TRIBUTE TO COLONEL MICHAEL two young men, and dozens of others like distinction. He will indeed be remembered as SHUPP, UNITED STATES MARINE them, had names and families and hopes and an exceptional marine, a true patriot, a coura- CORPS dreams of their own. geous warrior and a dedicated leader with the Victim no. 117, JohnQuan Wright, was only highest integrity and compassion for all who 18 years old. And 1 month later—victim 118’s HON. PETE SESSIONS had the distinct honor of serving with him. name has yet to be released. While their OF TEXAS His loving wife, Sherrye, and daughter, Jes- deaths were acknowledged in passing via the IN THE HOUSE OF REPRESENTATIVES sica, have demonstrated unwavering support press, there remains little to no outcry that Thursday, September 11, 2008 throughout his time in service, and this Nation more than a hundred victims, most of them owes a debt of gratitude to their sacrifice. young men in the prime of their lives, have Mr. SESSIONS. Madam Speaker, today, I pay tribute to Col. Michael Shupp, United been lost to violence—most of it with a gun— f this year in Washington, DC. States Marine Corps. His service to our coun- Americans of conscious must come together try and the Corps has demonstrated true patri- CONGRATULATIONS TO SISTER to stop the senseless death of ‘‘The Daily 45.’’ otism and exceptional military leadership. On MARGARET ANN COUGHLIN ON When will we say ‘‘enough is enough, stop the September 17, I will have the personal honor HER GOLDEN JUBILEE AS A SIS- killing!’’ of presiding over Colonel Shupp’s retirement TER OF MERCY f ceremony, and I want to take this moment to recognize his 28 years of dedicated service. HONORING THE LIFE AND Colonel Shupp was born and raised in Beth- HON. BRIAN HIGGINS ACCOMPLISHMENTS OF LES WHITT lehem, Pennsylvania, and is a graduate of the OF NEW YORK Virginia Military Institute and Marine Corps Of- HON. RODNEY ALEXANDER ficer Candidate School. Since the beginning of IN THE HOUSE OF REPRESENTATIVES OF LOUISIANA his career, he has been a true professional in Thursday, September 11, 2008 IN THE HOUSE OF REPRESENTATIVES every sense of the word. His assignments have ranged from serving as a young platoon Mr. HIGGINS. Madam Speaker, I rise today Thursday, September 11, 2008 commander in Japan, to instructing our future to congratulate Sister Margaret Ann Coughlin, Mr. ALEXANDER. Madam Speaker, I rise leaders at the Naval Academy, where his per- RSM, on the joyous occasion of her 50th anni- today to honor the life and accomplishments formance was recognized by President versary of religious life. I am especially of the late Robert Leslie ‘‘Les’’ Whitt. He will George W. Bush. He served combat tours in pleased and proud to acknowledge her Gold- be remembered as a man with a deep love for Iraq and a peacekeeping tour in Bosnia- en Jubilee as a Sister of Mercy because Sister people, music, and the Alexandria Zoo. Herzegovina. Wherever he was, he always set Margaret Ann remains such an integral part of Mr. Whitt, of Alexandria, LA, died recently the highest standards of professionalism and my family, celebrating with us in good times from heart complications after living 14 years leadership for all those around him. His su- and offering herself as a steadfast tower of with a transplanted heart. Whitt was a strong perb leadership has been evident in numerous strength and comfort in our most challenging advocate for organ donation and loved speak- command and staff assignments throughout times. There are many families that claim Sis- ing for the Louisiana Organ Procurement the Department of Defense, including a tour ter Margaret Ann as their own as her selfless Agency whenever possible. as the Marine Corps’ Liaison to the House of outreach to those in need is well known and Moreover, Mr. Whitt was passionate about Representatives and his current duty as the deeply appreciated. his service to the citizens and administration Legislative Assistant to the Chairman of the It was also my good fortune to accompany of the city of Alexandria. He served as the di- Joint Chiefs of Staff in Washington DC. Sister Margaret Ann to the White House cere- rector of the Alexandria Zoo for 34 years, and Colonel Shupp served this Nation twice in mony honoring Pope Benedict’s XVI first visit received the Dunbar Award for Civil Service in combat. In 1990, Captain Shupp deployed to the United States. While Sister refers to the 1993. Mr. Whitt was also recognized for his Company ‘‘A’’ of the 1st Light Armored Infan- Papal Visit as the highlight of her religious life, progressive and inventive zoo exhibit designs. try Battalion to the Kingdom of Saudi Arabia it was I who was honored to have shared this At the age of 16, he joined the American Zoo for Operations Desert Shield and Desert experience with this woman dedicated to the and Aquarium Association as a professional Storm. Once the ground war commenced, his very principles Pope Benedict spoke of on that fellow member and has subsequently served company led the advance of the First Marine historic April day. Calling for a more compas- the organization in many capacities including Division. His unit cut through Iraqi resistance sionate, free and just society, Sister Margaret

∑ 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.

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The culmination liam (‘‘Yappo’’) and her sisters, Mary Joan, Thursday, September 11, 2008 of his efforts proved a success when, in 2001, Patricia, Marjorie and Rita at the family home Mr. MURPHY of Connecticut. Madam he assumed the title of CFO for his continuous on Stevenson Street. She was just a teenager Speaker, I would like to congratulate the strategic leadership and vision. Before working when her parents died within 12 months of News-Times of Danbury, Connecticut, on the at Weston Solutions, Mr. Laino was a project each other and she went to live with Mary 125th anniversary of the founding of their manager, auditor and systems analyst at E.I. Joan, her brother-in-law, Jerry Flanagan, and paper. With circulation extending to some Dupont de Nemours in Wilmington, Delaware, their young family on Downing Street. Such 30,000 residents in western Connecticut, the for 7 years. would be the life story of the Coughlin’s and News-Times helps us stay in touch with the On July 17, 2008, an elegant awards cere- so many other members of the ‘‘Greatest Gen- people and places that make up our commu- mony was held in his honor at the Sheraton eration’’—the family would always be there in nity. City Center in Philadelphia, Pennsylvania, for some way to take care of and take in those The paper connects the citizens of greater earning this award in the category of Extra Danbury and serves as a forum for public con- who needed help and a home. Large Business of 2008. In addition to his versation, providing readers with an oppor- dedication to Weston Solutions, Mr. Laino is These lessons clearly left an imprint on tunity to discuss local, state, and national active in the community serving on the board young Frances’ heart as her vocation led her issues of concern. As they say, a well-in- of directors at Delaware County Community to join the Sisters of Mercy on September 15, formed citizenry is essential to any democ- College Education Foundation and treasurer of 1958, the same year she graduated from Mt. racy, and the News-Times provides an invalu- the Society for American Military Engineers. Mercy Academy. Continuing education re- able link between residents and the leaders, Madam Speaker, I ask my colleagues to join mains a cornerstone of Sister’s hard work and decisions, and issues that shape their lives me in honoring Mr. Vincent A. Laino, Jr., for growth as a member of this religious commu- every day. this well-deserved honor. As a leader and role nity. She earned degrees from Trocaire and A hallmark of a quality local newspaper is model in both the community and business Medaille Colleges in the 1960s and received the attention it pays to local issues that affect world, may he continue to serve both Weston her master’s in pastoral studies from Loyola the lives of its readers. So I would like to take and the community with honor and distinction. University in 1990. She earned continuing this opportunity to thank the News-Times for its excellent coverage of Candlewood Lake. I f education credits from Notre Dame University have been intimately involved in the recent ne- and became a board certified chaplain in 2001 HEDRICK MEDICAL CENTER gotiations with the Federal Energy Regulatory from the NACC (National Association of Commission and the owner of the lake, First Catholic Chaplains). Light, to ensure that the environmental and HON. SAM GRAVES In her earlier years, Sister taught at several property protection concerns of local residents OF MISSOURI Catholic schools in Buffalo and served as the are heard when it comes to decisions about IN THE HOUSE OF REPRESENTATIVES music minister at Our Lady of the Sacred how the lake is managed. The News-Times Thursday, September 11, 2008 Heart School in Orchard Park. She was the has covered every step of this process, and Mr. GRAVES. Madam Speaker, I proudly pastoral care minister at Mercy Hospital prior it’s clear the paper takes this issue as seri- pause to recognize Hedrick Medical Center for to her current work as a pastoral caregiver to ously as I do. 120 years of caring for the citizens of Chil- the children and families of Our Lady of Vic- With September 7, 2008, marking the 125th licothe and of the Greater Livingston County tory Basilica Baker Home for Children. Sister anniversary of the Danbury News-Times, I community. would like to extend my congratulations on the Margaret Ann has also been recognized by Hedrick Medical Center has faithfully served continuing success of your publication. It’s my her high school alma mater with the justly de- this community since opening in 1888 and hope that today marks the beginning of an- served ‘‘Spirit of Mercy Award.’’ continues this service through an affiliation other 125 years of peerless local reporting. with Saint Luke’s Health System. They will cel- Not an easy life, Sister has suffered great f ebrate this constant service with a celebration loss and battled life threatening illnesses on Friday, September 12, 2008. which may have weakened her physical health HONORING THE ACCOMPLISH- MENTS OF MR. VINCENT A. Madam Speaker, I proudly ask you to join yet has certainly strengthened her sense of LAINO, JR. me in recognizing Hedrick Medical Center and empathy and her ability to listen, counsel, its 120 years of service. It is truly an honor to comfort and console. A teacher and a preach- serve this fine organization in the United er, Sister lives her life as an example of God’s HON. JIM GERLACH States Congress. mercy and love in word and action. The love, OF PENNSYLVANIA laughter and gifts of Sister’s life have certainly IN THE HOUSE OF REPRESENTATIVES f influenced the lives of so many others who be- Thursday, September 11, 2008 RECOGNIZING ADAM SHERMAN RE- long to her extended network of family and Mr. GERLACH. Madam Speaker, I rise CIPIENT OF THE NATIONAL HIS- friends, especially her beloved nieces and today to congratulate and honor Mr. Vincent TORY DAY KEN COSKEY NAVAL nephews and their children, who lovingly call A. Laino, Jr. of Exton, Pennsylvania, for earn- HISTORY SPECIAL PRIZE her ‘‘Aunt Sister.’’ ing accolades as Chief Financial Officer of the Sister Margaret Ann’s Golden Jubilee will be Year from the Philadelphia Business Journal HON. HARRY E. MITCHELL celebrated with family and friends on Sunday, and Drexel University’s LeBow College of OF ARIZONA September 14, 2008, at the Monsignor Nash Business. Mr. Laino is the current senior vice IN THE HOUSE OF REPRESENTATIVES president, CFO, and CIO of Weston Solutions. Council Knights of Columbus in South Buffalo. Weston Solutions is an employee-owned Thursday, September 11, 2008 Madam Speaker, I respectfully ask that the environmental services firm based in West Mr. MITCHELL. Madam Speaker, I rise House of Representatives join with me and Chester, Pennsylvania. Joining the company today to congratulate Adam Sherman of those whose lives have been lifted in hope in September 1988, Mr. Laino began as a Scottsdale, Arizona, for his honored participa- and faith because of the life work of Sister manager of financial systems after receiving tion in this year’s National History Day pro- Margaret Ann Coughlin in congratulating her both a bachelor of science in business admin- gram. Adam, a student at Desert Mountain on this significant anniversary. We extend our istration, accounting, and computer systems High School in Scottsdale, received the Ken best wishes for her continued health and hap- management and a master of business admin- Coskey Naval History Special Prize for the piness and our deepest thanks to this woman istration and financial management from best naval history project in the Nation. In ad- of faith for her outstanding service to others. Drexel University. By 1994, Mr. Laino was in- dition, Adam was chosen as one of only 12

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Its focus is BYBERRY FRIENDS MEETING to move beyond the traditional textbook and HOUSE—200TH ANNIVERSARY f expand into resources such as libraries, muse- ums, and archives. This year’s theme was HON. ALLYSON Y. SCHWARTZ HONORING SERGEANT BRYAN J. TUTTEN ‘‘Conflict and Compromise in History.’’ OF PENNSYLVANIA Adam’s project—‘‘Prelude to Pearl Harbor: IN THE HOUSE OF REPRESENTATIVES The Panay Conflict and President Roosevelt’s HON. JOHN L. MICA Compromise’’—examined the scope of a little- Thursday, September 11, 2008 known Japanese attack on an American gun- Ms. SCHWARTZ. Madam Speaker, I rise OF FLORIDA boat years prior to Pearl Harbor and our na- today to honor the 200th anniversary of the IN THE HOUSE OF REPRESENTATIVES tion’s entry into World War II. In December of Byberry Friends Meeting House, located at Thursday, September 11, 2008 1937, Japanese warplanes attacked the USS 3001 Byberry Road in the far northeast sec- Panay as it evacuated American refugees tion of Philadelphia. Mr. MICA. Madam Speaker, I rise today, ahead of the Japanese takeover of Nanking, In 1675, four adventurous Quaker broth- September 11, 2008, to once again honor and China. The attack wounded several civilians ers—Nathanial, Thomas, Daniel, and William pay tribute to Sergeant Bryan J. Tutten, 33, and sailors on board, including Mr. Fon Walton—arrived in New Castle, Delaware, who, like many other brave Americans, joined Huffman, USN Retired. Adam included a from England, in search of a new home and the military following the terrorist attacks on taped interview with Mr. Huffman, the only liv- religious freedom. They walked nearly 50 our homeland 7 years ago. Sergeant Tutten ing survivor of the attack. Huffman tells of the miles along the banks of the Delaware River died in service to our country on Christmas chaotic attack and moments of heroism when, into Pennsylvania, arriving at Poquessing Day, December 25, 2007, fighting insurgents in the midst of the chaos, he gave his life pre- Creek. They were captivated by the region, on his second tour of duty in Iraq. server to a civilian who could not swim and which reminded them of their former home in On Saturday, September 13, 2008, the Vet- helped others to safety. Bibury, England, and so they established their erans of Foreign Wars Post 2391 in St. Au- Adam has shown his passion for history by home here. They had success farming and gustine, Florida, will hold a special ceremony participating in the program for the past three were able to establish good relationships with to honor the life and service of Sergeant years, over the course of which his work has the Native American tribes who helped them Tutten. The Post will be renamed the Veterans been awarded a number of honors including survive their initial difficult years. of Foreign Wars Bryan Tutten Memorial Post 1st place at the Arizona State Finals for Best This community subsequently grew with the 2391. Individual Exhibit in 2006. A true student of influx of more Quakers in the 1680s. The first On Tuesday, January 15, 2007, I included in history, Adam has donated his 2008 exhibit to Quaker meetings were held in the homes of the CONGRESSIONAL RECORD the following re- the Naval Historical Foundation. members. As the community grew, members marks and today I want to again honor Ser- Madam Speaker, please join me in recog- were able to build a log meetinghouse in geant Tutten’s life by reflecting on his service nizing Adam Sherman’s accomplishments. which to worship. In 1808, 133 years after the to the United States. f Walton brothers settled here, the community built the larger meetinghouse that is still in use Prior to joining the Army, Sgt. Tutten, IN HONOR OF MILANA BIZIC born in St. Augustine, Florida, graduated today. Members of the Byberry Friends Meet- from St. Augustine High School and at- ing were influential in the movement to abolish tended St. Johns River Community College. HON. JASON ALTMIRE slavery. He was also a member of Holy Trinity Greek OF PENNSYLVANIA Today, the Byberry Friends Meeting con- Orthodox Church in St. Augustine. tinues to hold weekly worship meetings. The IN THE HOUSE OF REPRESENTATIVES We should all remember Sgt. Tutten’s school building, used for many years to edu- courage and his ultimate sacrifice for our na- Thursday, September 11, 2008 cate the children of the Meeting, is used by a tion. The freedom and liberty we enjoy and peace in the world for others for which he Mr. ALTMIRE. Madam Speaker, I rise today community day care academy. Madam Speaker, I ask my colleagues to join fought are part of the great legacy that Sgt. to pay tribute to Milana Bizic. Ms. Bizic is a Tutten leaves behind. He was laid to rest at western Pennsylvania resident who was re- me in recognizing the historic Byberry Friends San Lorenzo Cemetery in St. Augustine, cently honored as the Serb National Federa- Meeting House on this momentous milestone Florida on January 4, 2008. tion Person of the Year. and honoring the contributions that the mem- After the devastating events of September Ms. Bizic is known throughout the Serbian bers of this community have made to the peo- 11, 2001, Sgt. Tutten enrolled in the Army. community as a person committed to pre- ple of my district and Philadelphia. His family remembers him as an avid sports- serving and celebrating Serbian culture. The f man who loved to fish and cook, and how he granddaughter of Serbian immigrants, she is a enjoyed the time he had playing with his lifelong member of the Serb National Federa- REMEMBERING 9/11 daughter, Catherine. He was assigned to the 82nd Airborne Division based in Fort Bragg, tion, a contributing writer for the federation’s North Carolina which was deployed to Iraq. magazine, Srbobran, and the author of a HON. EDOLPHUS TOWNS With the passing of Sgt. Tutten, America website dedicated to Serbian heritage. She OF NEW YORK has lost an outstanding citizen and a shining has contributed time, talent, and financial re- IN THE HOUSE OF REPRESENTATIVES example of service to our nation. He will be sources to the Serb National Federation and remembered as a patriotic American, a pillar the Serbian community. Ms. Bizic has said Thursday, September 11, 2008 of our community and a compassionate hus- that her parents taught her to be American Mr. TOWNS. Madam Speaker, as the years band and a loving father. first, last, and always, but to remember her pass the memories will not fade, today stands To his wife Constandina, his daughter Serbian heritage. as a day of mourning for those victims of the Catherine, his son Gareth, his mother Ms. Ms. Bizic’s award was presented by the terrorist attacks of those infamous events, as Sylvia Smallwood and his loving family and friends, we offer our deepest sympathy. -based Serb National Federation, well as, our nation as a whole. We must never which was founded more than 100 years ago forget as the rest of the world so eloquently Madam Speaker, it is my privilege to rec- to help Serbian immigrants, and now provides ognize Sgt. Bryan J. Tutten’s contributions put it: ‘‘We are all Americans.’’ For all the de- and to ask all Members of the U.S. House of Serbian Americans with the opportunity to struction that those planes brought, they could Representatives of the 110th Congress to join share and celebrate their background. not bring down what makes our country great, me in recognizing his service in our nation’s I am truly honored to have this opportunity the American Spirit. In the face of adversity, Armed Forces and remembering a great to formally recognize Milana Bizic for her ac- we did not focus on what separates us, but American hero.

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K11SE8.010 E11SEPT1 jbell on PROD1PC69 with REMARKS E1766 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2008 PERSONAL EXPLANATION ON to bestowing the advantages of a brotherhood HONORING THE MEMORY OF TODAY’S JOURNAL VOTE of college and university men to use their edu- WILLIAM BREVARD HAND cation ‘‘to promote friendship, develop char- HON. K. MICHAEL CONAWAY acter and advance justice.’’ In doing so, Marge HON. JO BONNER OF TEXAS helped generations of young boys grow into OF ALABAMA IN THE HOUSE OF REPRESENTATIVES successful, value-driven men. IN THE HOUSE OF REPRESENTATIVES Thursday, September 11, 2008 Marge passed away yesterday morning in Thursday, September 11, 2008 Iowa City at age 79. She is survived by four Mr. CONAWAY. Madam Speaker, I rise to Mr. BONNER. Madam Speaker, the city of explain my opposition to the Journal vote, roll- children and thousands of her adopted Delta Chi sons around the world. Mobile and the state of Alabama lost a dear call vote 585, earlier today. friend last week, and I rise today to honor In my time in politics, I never thought that I When we are young we don’t fully appre- Senior U.S. District Judge William Brevard would hear any candidate for political office ciate the time and sacrifice our elders take to Hand and pay tribute to his memory. compared to Jesus Christ. Yet yesterday, on shape us into successful adults. Sometimes Mobile’s Press-Register remembered Judge the floor of this House, one of my colleagues our separate paths take us away from our Hand as ‘‘a fair, thoughtful and tough jurist did just that when he painted the work of mentors before we fully appreciate what they who did not shy away from high profile cases BARACK OBAMA equal to the life of my Savior. did for us. All too often they pass on before that might upset the powers-that-be.’’ Cer- Madam Speaker, I know Jesus Christ; we get the chance to thank them properly. tainly, one of the high profile cases for which Jesus Christ is a personal friend of mine. Sen- history will most remember him was his coura- Not many of us have the opportunity to rec- ator OBAMA is no Jesus Christ. geous ruling in favor of classroom prayer. But it’s not just Senator OBAMA; such a ognize and publically say thanks. Today, to A native and life-long resident of Mobile, comparison is ill suited for any man, for all of her family, to my colleagues in Congress and Judge Hand attended Murphy High School us have fallen short of the standard that Christ Delta Chi Brothers, I am honored and pleased and completed his undergraduate studies at set for us. Jesus’ example was a life lived to say—thank you Margie Lee. the University of Alabama. His education was humbly and with love for all his fellow men, re- interrupted by the call to defend his country gardless of their background. As this cam- f during World War II. He served in Europe as paign season sprints to the finish, I implore my a combat infantry rifleman from the Battle of colleagues and the candidates in both parties HONORING STANLEY AND JOANNE the Bulge through VE Day and also served to strive for a higher, more purposeful cam- TATE with the occupation army in Czechoslovakia. paign and rhetoric and to treat opponents in a When he returned to the United States fol- manner that we ourselves would like to be lowing the war, he completed his education by treated. HON. MARIO DIAZ-BALART earning his law degree from the University of f OF FLORIDA Alabama. After graduation, Judge Hand returned to HONORING MARGIE LEE IN THE HOUSE OF REPRESENTATIVES Mobile and began his illustrious law career by HON. JOHN L. MICA Thursday, September 11, 2008 working for the firm his father, Charles, helped found, now known as Hand Arendall. He con- OF FLORIDA Mr. MARIO DIAZ-BALART of Florida. tinued with the firm until President Richard IN THE HOUSE OF REPRESENTATIVES Madam Speaker, today I wish to honor Stan- Nixon appointed him to the Federal bench in Thursday, September 11, 2008 ley Tate and his lovely bride Joanne as they 1971, and incredibly, he was active in cases Mr. MICA. Madam Speaker, as William begin their 60th year of marriage. as recently as last month. Wordsworth once wrote, ‘‘the Child is Father Few people have had as major and as posi- A lifelong member of Dauphin Way Meth- to the Man.’’ tive of an impact on our country and particu- odist Church, Judge Hand served in all lay ca- pacities of the church. He was named hon- Like all of us, from time-to-time I fondly re- larly on Florida education as Mr. Tate. call those who have made a significant impact orary member of the administrative board as upon my life. For where would we be if not for In 1987, the Florida Legislature created the well as lifetime steward of the church, the those who made the special effort to guide the Florida Prepaid College Program to provide highest honor the church can bestow. next generation, and befriend us but demand Florida families an affordable way to save for I had the privilege of visiting with Judge much from us, so that we may learn to de- their children’s college education. Mr. Tate, as Hand just last month at the courthouse, and mand much from ourselves? chairman of the board for 18 years, was in- there is no other judge who has served with It is because of those who touch our lives strumental in developing this landmark and in- greater dignity and compassion. and instill the values we all hold dear as a so- novative program and making it the success it Earlier this week, over 1,000 people filled ciety, those who provide guidance to our is today. Dauphin Way Methodist Church to honor the life of Judge Hand. Rev. Stephen F. Dill, pas- young people every day, that make us suc- Under Mr. Tate’s leadership, more than tor emeritus of the church said, ‘‘His friendship cessful and our nation stronger. Some are 142,000 children used their plan benefits to at- there to deal directly with us from day-to-day. reached across the boundaries of wealth and tend a college or university. Today, the Pre- Others help set up and run the institutions that status.’’ The Rev. Gorman Houston III, senior paid College Trust Fund remains financially provide the networks for others to have a pro- pastor at Dauphin Way, provided a poignant found impact upon our young. strong and actuarially sound. tribute, noting ‘‘How grateful we are for the life In my life, Margie Lee was one such person. In recognition of Mr. Tate’s service, the pro- of William Brevard Hand.’’ Known affectionately as ‘‘Marge’’ and across gram he put so much time and effort into Madam Speaker, I ask my colleagues to join America as the ‘‘Delta Chi Mom,’’ Marge in- shaping, was officially renamed the Stanley G. me in remembering a dedicated community spired several generations of Delta Chis while Tate Florida Prepaid College Program by law leader, a friend to many throughout south Ala- working in the Fraternity’s International Head- on June 26, 2006. Florida families are grateful bama, as well as a wonderful husband, father, quarters since 1964. She was devoted to for Mr. Tate’s tireless leadership throughout and grandfather. Judge Brevard Hand will be Delta Chi and to us all, helping to provide his years of service. dearly missed by his family—his daughters, guidance to thousands of young men in those Jane Hand Dukes, Virginia Hand Hollis and potentially very difficult years at college and He has always put the needs and interests Allison Hand Peebles; his grandchildren, first time away from home. of our families and students above any self-in- Brevard Dukes Hinton, Ann Chandler Dukes I had both the honor and the pleasure of terest. I am honored to draw attention to such Shuleva, David Dewitt Dukes, Jr., Elizabeth working directly with Marge. It was while I an admirable and decent public servant who Alan Hollis, Katherine Hollis Taylor, John Con- worked as assistant to the executive director has never sought personal accolades. On be- nor H. Peebles, and William Battle Peebles; of the Delta Chi Fraternity in my first job after half of grateful Florida families across the his great-grandchildren, Tom, William and graduating from the University of Florida. I State, I thank Mr. Tate for his dedication to Jane Hinton; and his brother Dr. James Albert saw how Marge worked every day on behalf our children’s education and congratulate him Hand—as well as the countless friends he of my Delta Chi Brothers. Over the years, I and his wife on nearly 60 years of marriage. leaves behind. Our thoughts and prayers are witnessed first hand how she devoted her life May they enjoy many more years together. with them all during this difficult time.

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.002 E11SEPT1 jbell on PROD1PC69 with REMARKS September 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1767 EARMARK DECLARATION stood by his side for 45 years, and to the rest Records Preservation Act of 2008. I introduce of the Grunden family. this as a companion bill to legislation being in- HON. JACK KINGSTON f troduced today by my colleagues in the Sen- OF GEORGIA ate, Senators JOHN WARNER and JIM WEBB. THE BONE MARROW FAILURE DIS- Mr. Speaker, the National Historical Publica- IN THE HOUSE OF REPRESENTATIVES EASE RESEARCH AND TREAT- tions and Records Commission, NHPRC, is a Thursday, September 11, 2008 MENT ACT statutory body affiliated with the National Ar- Mr. KINGSTON. Requesting Member: Con- chives and Records Administration, NARA. gressman JACK KINGSTON (1–GA). HON. DORIS O. MATSUI NHPRC was established by Congress in 1934 Bill Number: H.R. 6599. OF CALIFORNIA to promote the preservation and use of Amer- Account: MILCON, Navy. IN THE HOUSE OF REPRESENTATIVES ica’s documentary heritage essential to under- Legal Name of Requesting Entity: NSB Thursday, September 11, 2008 standing our democracy, history, and culture. Kings Bay, Kings Bay, GA, USA. Currently, NHPRC is authorized to admin- Ms. MATSUI. Madam Speaker, I rise today Description of Request: Provide $6.37 mil- ister grants to promote preservation and use to introduce the Bone Marrow Failure Disease lion to construct a 5,000 square feet Commu- of America’s documentary heritage. The Research and Treatment Act. For hundreds of nication Addition to the Limited Area Reaction NHPRC supports projects that preserve and thousands of bone marrow failure disease pa- Force Facility in support of the National Weap- make accessible records and archives, and re- tients across our country, this is a day filled ons Security Program. This high security facil- search and develop means to preserve au- with the promise of a cure. ity will serve as a command and control cen- thentic electronic records. For their families, this is a day infused with ter, exercise and recreation spaces, and ex- The Presidential Historical Records Preser- the hope that the power of medical inquiry and tended housing for United States Marines and vation Act of 2008 would allow NHPRC to research can conquer these deadly diseases. make grants, on a competitive basis, to eligi- Navy personnel while on duty. This project will For those of us in this chamber who knew, ble entities to promote the historical preserva- provide required ballistic protection for security respected, and loved colleagues whose lives tion of, and public access to, historical records forces and vehicles as well as the monitoring were taken by these diseases—including my and documents relating to any President who of perimeter sensors. late husband Bob—this is a day to reflect on does not have a Presidential archival deposi- f their legacies and to renew our commitment to tory currently managed and maintained by the the research that will generate treatments and TRIBUTE TO JOHN GRUNDEN Federal Government, pursuant to the Presi- cures. For medical researchers with ideas about dential Libraries Act of 1955. HON. LYNN A. WESTMORELAND new and innovative ways to combat these Mr. Speaker, in order to be eligible to re- OF GEORGIA awful diseases, this is a day characterized by ceive these grants, an entity must qualify as a IN THE HOUSE OF REPRESENTATIVES the certainty that the U.S. House of Rep- 501(c)(3) of the Internal Revenue Code and Thursday, September 11, 2008 resentatives stands with them in their quest to be exempt from taxation under section 501(a) of that Code, or be a State or local govern- Mr. WESTMORELAND. Madam Speaker, I beat bone marrow failure diseases. The legislation I am introducing today is de- ment. In order to maintain the integrity of the rise today to pay tribute to a great patriot from grant program, NHPRC shall only approve Georgia’s Third Congressional District who signed to ensure that families in the future will not have to suffer the agonizing uncertainty grants to those entities that possess historical died September 9 at the age of 66. works and collections of historical sources that I have known John Grunden of Fayetteville that my family endured when Bob was diag- nosed with myelodysplastic syndrome, MDS. the Commission considers appropriate for pre- for many years as a fellow foot soldier fighting serving, publishing, or otherwise recording at for the Republican Party and conservative Between 20,000 and 30,000 families receive a bone marrow failure disease diagnosis every the public expense. The entity must also have causes in our community, our State and our appropriate facilities and space for preserva- Nation. year in the United States. Their lives are changed instantly when they learn that a loved tion of such historical works and ensure public As the owner of two small businesses, an access to these collections. insurance consulting firm and the Classic Cue one’s bone marrow has malfunctioned. Blood is such a delicate balance of different Finally, to maintain the fiscal integrity of this pool hall in Fayetteville, Mr. Grunden had first- kinds of cells, and when the marrow that pro- Act, the receiving entity must have raised hand knowledge of how taxes and regulation duces our blood stops working properly, the funds from non-Federal sources in support of affect our Nation’s job creators. His strong foundation of a human’s physical health is the grant efforts. In addition, grants may not stands on business and his conservative val- sorely undermined. Death is often the end re- be used for the maintenance, operating costs, ues made him a great leader for the Fayette sult. or construction of any facility to house the his- County Republican Party when he won the The research produced by this bill will point torical records to any President who does not chairmanship in the 1980s. Under his leader- the way toward a future where a diagnosis of have a Presidential archival depository cur- ship, the county party experienced such suc- aplastic anemia, MDS, acute myeloid leu- rently managed by the Federal Government. cess that the State Republican Party soon kemia, or any of the other bone marrow failure Mr. Speaker, as you can see, the focus of the began citing it as a model for other counties. diseases is but a hurdle to overcome instead bill is preservation and access to documents, Mr. Grunden was a behind-the-scenes oper- of a likely death sentence. not constructing new buildings or monuments. ator who did the hard work that enable can- This is the future that I envision as a result This is important legislation that will pre- didates such as me to succeed at the ballot of the Bone Marrow Failure Disease Research serve our Nation’s documentary heritage, and box. I’m lucky to have had his support through and Treatment Act. I urge my colleagues to support it. the years, and I am not the only Member of I thank all of my colleagues in this chamber f Congress who called on him for help. Mr. who have supported, and who will support, 2007 NATIONAL MEDAL OF Grunden was an early supporter of a young this critical legislation. I look forward to work- TECHNOLOGY AND INNOVATION upstart congressman from Georgia who at the ing toward its passage, for the sake of bone time was the only Republican in our State’s marrow failure disease patients in every city, delegation. As my colleagues here in the town, and community in our great country. HON. DAVID G. REICHERT House know, that member, Newt Gingrich, f OF WASHINGTON went on to lead our party to the House major- IN THE HOUSE OF REPRESENTATIVES ity for the first time in decades and ascended INTRODUCTION OF THE PRESI- to the speaker’s chair. DENTIAL HISTORICAL RECORDS Thursday, September 11, 2008 In addition to his volunteer activities on be- PRESERVATION ACT Mr. REICHERT. Madam Speaker, I rise half of his party, Mr. Grunden also wore his today in recognition of David Cutler, an em- nation’s uniform. From 1961 to 1964, he HON. BOB GOODLATTE ployee of the Microsoft Corporation and a re- served in the U.S. Army 101st Airborne Divi- OF VIRGINIA cipient of the 2007 National Medal of Tech- sion. IN THE HOUSE OF REPRESENTATIVES nology and Innovation. His accomplishments, I was honored to call John Grunden a and the accomplishments of the other winners, friend. On behalf of the people of Georgia’s Thursday, September 11, 2008 are reason to celebrate the technological inno- Third Congressional District, I would like to ex- Mr. GOODLATTE. Madam Speaker, I rise vation happening in the United States. It is press my condolences to his wife, Pat, who today to introduce the Presidential Historical also a reminder that our national well-being

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.006 E11SEPT1 jbell on PROD1PC69 with REMARKS E1768 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2008 depends on the technological advancements reer both on and off the football field. During Nearly 3,000 people were killed at the World made by future American innovators in a glob- his 16-year career as a National Football Trade Center, and countless others were al marketplace. League player, he was an 11-time All-Pro of- wounded. The National Medal of Technology and In- fensive guard for the Oakland Raiders and Since then, we have made tremendous novation honors America’s leading innovators was elected to the Pro Football Hall of Fame progress in rebuilding. But we still have work of technology products, processes and con- in 1987, his first year of eligibility. He played left to do. One of our greatest national respon- cepts. Mr. Cutler and the other winners de- in 217 league games and appeared in six Pro sibilities right now is to aid those people who serve our heartfelt congratulations and thanks Bowls. He was named Lineman of the Year in are still suffering from 9/11—our first respond- for inspiring future American innovation. the AFC in 1973 and 1974. In 1977, he was ers and rescue workers, local area workers, The 8th District of Washington, the district I voted top lineman in the NFL, and runner-up residents, students, and others who have be- represent, includes the headquarters of Micro- for that honor in 1980. Upshaw is the only come sick from the environmental aftermath of soft, a corporation at the forefront of techno- player in NFL history to play with the same 9/11. logical innovation and the push for educating team in three Super Bowls in three different When the buildings of the World Trade Cen- our young people in the intricacies of science, decades—in the 1960s, 1970s, and 1980s. ter came crumbling down, nearly half a million technology and mathematics. No doubt Mr. Not only did Upshaw have an outstanding pounds of lead, asbestos, glass fibers, steel, Cutler, a senior technical fellow at Microsoft career on the field, but he also had a distin- and concrete formed a massive cloud of toxic and an enduring figure in the world of tech- guished career off the field serving 38 years dust and smoke that blanketed parts of New nology and innovation, also recognizes the im- with the NFL Players Association. Upshaw York City and New Jersey. Fires burned for portance of educating our young people to worked as a player representative and officer months, emitting a whole host of deadly sub- compete in a global marketplace. Nothing can for 13 years. He served as alternate rep- stances. Scientists have said that this dust replace a world-class math and science edu- resentative or player representative for the was as caustic as Drain-o, and that the air cation; an invaluable key to our Nation’s eco- Raiders from 1970 to 1976 and was a mem- quality was worse than during the Kuwaiti oil nomic success and our Nation’s national secu- ber of the executive committee from 1976 fires. rity. through 1980 when he was elected president From the beginning, we warned that the air Once again, congratulations to Mr. Cutler for of the NFLPA, a post he held until 1983. wasn’t safe and that our courageous first re- his prestigious honor. His work and the work Upshaw served as Executive Director of the sponders were not being afforded the proper of others like him inspire brilliant young minds NFLPA from June 1983 up until his death on protection from dangerous toxins as they were around our country to do great things in math, August 20, 2008. As the first African-American toiling on the pile to rebuild. We spent years science and technology. It is the job of this labor leader in a major sport, Upshaw was a working to try to convince public officials that body and Americans everywhere to ensure forceful advocate on behalf of professional the asbestos, fiberglass and other toxins had those young minds have all the tools nec- football players. During his tenure, Upshaw travelled far and settled into the interiors of essary to achieve greatness. skillfully negotiated several collective bar- residences, workplaces and schools, and that f gaining agreements and extensions that have a proper testing and cleanup program was re- been credited with enhancing the rights and quired to eliminate the health risks to area SELECT COMMITTEE ON THE VOT- compensation of NFL players. residents, workers and students. We de- ING IRREGULARITIES OF AU- Upshaw’s career was best summed up by manded that the Federal Government ac- GUST 2, 2007 his close friend Art Shell, who played next to knowledge the fact, supported by a mountain him on Oakland’s offensive line and in 1989 of peer-reviewed research, that thousands of HON. WILLIAM D. DELAHUNT became the first African-American coach of our Nation’s citizens are today sick from 9/11 OF MASSACHUSETTS the modern era when he took over the Raid- and that many more could become sick in the IN THE HOUSE OF REPRESENTATIVES ers. ‘‘Gene was a true pioneer as one of the future. We explained to whoever would listen Thursday, September 11, 2008 few African-American leaders of a major that our 9/11 heroes were struggling to pay union. He was the equal of owners in negotia- health care costs because they could no Mr. DELAHUNT. Madam Speaker, Mr. tions and made the league a better place for longer work and no longer had health insur- PENCE and I submit for the RECORD the fol- all players. Playing alongside of Gene was an ance, and we have argued vigorously that the lowing statement on behalf of the Select Com- honor and a privilege. He was a pillar of Federal response to date has been dan- mittee on the Voting Irregularities of August 2, strength and leadership for our great Raider gerously limited, piecemeal and unstable. 2007: teams.’’ Thankfully, we have achieved a much more The Select Committee to Investigate the I extend my heartfelt condolences and pray- widespread recognition of many of these prob- Voting Irregularities of August 2, 2007, was ers to his wife, Terri, his three sons, Justin, lems. Now, 7 years after the attacks, it is im- created by House Resolution 611 to inves- Daniel, and Eugene, Jr., and the entire Na- perative that Congress do what is right for our tigate the circumstances surrounding the heroes and our living victims by passing H.R. record vote on the motion to recommit on tional Football League community. H.R. 3161. That resolution required that the f 6594, the 9/11 Health and Compensation Act. Select Committee submit its final report not Though the devastating 9/11 attacks on the later than September 15, 2008. While the Se- THE 9/11 HEALTH AND World Trade Center occurred within the lect Committee will not be able to file its re- COMPENSATION ACT bounds of my congressional district, we know port by that date, we expect to file the re- that these were really attacks on our Nation as port shortly thereafter. HON. JERROLD NADLER a whole—figuratively and literally. Every mem- WILLIAM D. DELAHUNT, OF NEW YORK ber in New York’s downstate delegation rep- Chairman. resents hundreds, if not thousands, of people MIKE PENCE, IN THE HOUSE OF REPRESENTATIVES who live, work, attend school, or were other- Ranking Republican Thursday, September 11, 2008 Member. wise present in the affected areas, and were Mr. NADLER. Madam Speaker, on Sep- exposed to a toxic brew of contamination. In- f tember 11, 2001, America and the world deed, every member in this House represents HONORING THE LIFE OF GENE UP- watched in horror as our Nation came under a State that has people in the World Trade SHAW, EXECUTIVE DIRECTOR OF ruthless attack. At the World Trade Center and Center Health Registry who were exposed and THE NATIONAL FOOTBALL at the Pentagon, thousands were killed by the are concerned about their health. LEAGUE PLAYERS ASSOCIATION cowardly deeds of terrorists. We heard the And as this is unquestionably a national stories of those heroic passengers aboard problem, it has always required a national re- HON. JOHN CONYERS, JR. United Airlines Flight 93 who gave their lives sponse. But despite our sustained efforts to OF MICHIGAN so that they might save the lives of others by get the Administration to develop a com- IN THE HOUSE OF REPRESENTATIVES thwarting an attack on the United States Cap- prehensive plan to deal with this growing pub- itol. lic health problem that they themselves now fi- Thursday, September 11, 2008 In lower Manhattan, part of my congres- nally acknowledge, the New York delegation Mr. CONYERS. Madam Speaker, I rise to sional district, New York’s finest and bravest has instead found itself, year after year, com- honor the memory and accomplishments of rushed to the disaster site. In the days and ing to Congress with its ‘‘hat in hand’’ to test Gene Upshaw, a tremendous athlete and up- weeks after, countless Americans would also its luck at the annual appropriations process. standing individual who had a successful ca- come to New York to offer their assistance. Thankfully, with the outstanding bipartisan

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.010 E11SEPT1 jbell on PROD1PC69 with REMARKS September 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1769 support of my colleagues for that funding, we designated the month of September each year and ability of the visually impaired so they can have had some key successes. But this is as National Preparedness Month. The Depart- live and function in our society and in the simply no longer a tenable course of action. ment and its key stakeholders will spend the workplace. Passage of the 9/11 Health and Compensa- month promoting the importance of being pre- Madam Speaker, I am glad to have the op- tion Act would mark an end to this unpredict- pared and, most importantly, how to be pre- portunity to congratulate the employees, vol- able approach and ensure that a consistent pared in our communities across the country. unteers and clients of the Michigan Commis- source of funding is available to monitor, and As we all know, when individual citizens, fami- sion for the Blind, Flint Office as they cele- if necessary, treat, the thousands of first re- lies and communities are prepared, the fear, brate 30 years of assistance to the blind and sponders, community members, and others al- anxiety, and loss that accompany disasters is visually impaired of mid-Michigan. May they ready affected by WTC-related illnesses as substantially minimized. continue their service for many, many years to well as those who are most likely to become It is imperative that citizens know what to do come. sick in the future. And it would make sure that in the event of an emergency and be ready ei- f no matter where an affected individual were to ther to shelter in place or to evacuate their live in the future, he or she could get care. homes. People must be ready to care for their RECOGNIZING MR. NORMAN L. Building on the expertise of the existing Cen- basic needs for a minimum of 72 hours should MEBANE, JR. ters of Excellence, the bill would fill key gaps they be displaced for a period of time. in how we are currently providing treatment And as our Nation continues to glean les- HON. G.K. BUTTERFIELD and monitoring. And finally, this legislation sons from catastrophic events such as the OF NORTH CAROLINA would provide an opportunity for compensation September 11th terrorist attacks and Hurri- IN THE HOUSE OF REPRESENTATIVES cane Katrina, the Federal Government must for economic damages and losses by reopen- Thursday, September 11, 2008 ing the 9/11 Victim Compensation Fund. ensure that preparedness efforts help our Na- On this anniversary of one of the most dev- tion’s most vulnerable populations. Recent Mr. BUTTERFIELD. Madam Speaker, Mr. astating days in our national consciousness, I wildfires, floods, hurricanes and tornadoes Norman L. Mebane Jr., was born in Merry Hill, thank members of Congress and the American have given us the opportunity to observe North Carolina. He graduated from high school people for coming to our aid after September whether those lessons have since been cor- in Bertie County before earning an associate’s 11th and in the years that followed. And once rected. degree from Pitt Community College. After 2 again, I implore you to pass the 9/11 Health In closing, let me say that I applaud the years of honorable service in the U.S. Army, and Compensation Act. hard work and dedication of the public serv- Mr. Mebane returned home and worked at the f ants within the Department of Homeland Se- Newport News Shipbuilding and Dry Dock curity in their effort to protect our Nation. Fur- Company. INTRODUCTION OF NATIONAL PRE- ther, I encourage our citizens to make sure He attended Thomas Nelson Community PAREDNESS MONTH RESOLUTION their families are vigilant, alert, and prepared College, and then earned a bachelor of for emergencies, and recommend visiting the science degree from St. Augustine’s College HON. YVETTE D. CLARKE Web site www.ready.gov, which might greatly where he was also inducted into Alpha Kappa OF NEW YORK assist them in this process. I urge my col- Mu Honor Society and received special rec- IN THE HOUSE OF REPRESENTATIVES leagues to support this important resolution. ognition as a Presidential Scholar. Mr. Mebane then worked as a crop and live- Thursday, September 11, 2008 f stock farmer before moving on to the trucking Ms. CLARKE. Madam Speaker, today I in- CONGRATULATING THE MICHIGAN business. He founded N.L. Mebane Trucking troduce the National Preparedness Month COMMISSION FOR THE BLIND, Company, Inc. and later founded Mebane Resolution, which recognizes that the month FLINT OFFICE Rural Initiative Institute, Inc. and Mebane In- of September is designated as National Pre- vestment Properties LLC. His entrepreneurial paredness Month. This measure applauds the HON. DALE E. KILDEE successes were recognized by North Carolina public servants at Department of Homeland OF MICHIGAN Department of Transportation with the Minority Security for their outstanding contributions to IN THE HOUSE OF REPRESENTATIVES Business Enterprise Award of the Year. our Nation’s homeland security and encour- Mr. Mebane currently serves on the RBC Thursday, September 11, 2008 ages citizens around the world to continue to Centura Bank Region II Advisory Board and prepare themselves and their families for acts Mr. KILDEE. Madam Speaker, I ask the the Economic Development Council, and he of terrorism, natural disasters and other emer- House of Representatives to join me in con- previously served as part of the Historical gencies. gratulating the Michigan Commission for the Hope Foundation, Transportation Development It has been 7 years since the horrific ter- Blind, Flint Office for celebrating 30 years of Council, North Carolina Governor’s Con- rorist attacks against the United States and its service to the blind and visually impaired. The ference on Small Business and the North people on September 11, 2001. Our Nation office will gather to commemorate this anniver- Carolina Department of Transportation’s Mi- continues to heal from the terrible losses that sary at a party on October 30th in my home- nority Business Expansion Council. Mr. we suffered and our Government remains vigi- town of Flint, Michigan. Mebane also serves as a board trustee for lant against those who attacked us. The Michigan Commission for the Blind was Elizabeth City State University and Martin Yet, while our Nation is fortunate that law created by Public Act 260 of 1978. The Com- County Community College. enforcement agents and emergency response mission operates its central office in Lansing, It is certainly fitting that Elizabeth City State providers have successfully worked hard to 8 field offices and a training center in Kala- University would honor Mr. Mebane because prevent any further attacks, we are still vulner- mazoo. As one of the field offices, the Flint Of- he fully understands the importance of com- able. We know that precious lives and critical fice provides service to clients throughout the munity involvement and he truly dedicates infrastructure continue to be targeted across Flint and Thumb areas of Michigan. himself to serving others. He is an outstanding the world as evidenced by various suicide In carrying out their mission, the Michigan member of our community who deserves our bombings in recent years. Terrorism remains Commission for the Blind provides in-home highest thanks and praise. prevalent and we must always be prepared services, mini-adjustment seminars, business I ask my colleagues to join me in honoring both at home and abroad. services for employers, a vocational rehabilita- this great North Carolinian and American, Mr. I am pleased to have so many members tion program, independent living for seniors Norman L. Mebane, Jr. serving as cosponsors to this bill. As we all over the age of 55, deafblind services, youth f know, preparedness is not a partisan matter— services and the business enterprise program. terrorists do not select their victims by political Their motto is ‘‘Changing Lives, Changing Atti- MOVING FORWARD FROM 9/11 party. Therefore, we must all support the mes- tudes’’ and their goals are for the blind and sage that families be prepared for emer- visually impaired to lead productive, inde- HON. DENNIS J. KUCINICH gencies should they occur. pendent lives as well as educating the general OF OHIO If a disaster—whether large or small—oc- population about the capabilities of the blind. IN THE HOUSE OF REPRESENTATIVES curs in a community, local responders and dis- The Flint Office plays an integral part in pro- aster-relief organizations will be there to help, viding service and education to the commu- Thursday, September 11, 2008 but citizens need to be ready as well. That is nity. For the past 30 years the 7 person staff Mr. KUCINICH. Madam Speaker, America why the Department of Homeland Security has has been committed to promoting the welfare must move from the errant, retributive justice

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.013 E11SEPT1 jbell on PROD1PC69 with REMARKS E1770 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2008 of 9/11 to a healing, restorative process of have travelled down a path of restoring civil IN MEMORY OF SEPTEMBER 11TH truth and reconciliation. society through a formal process of reconcili- Before the Congress adjourns, I will bring ation. At some point within each of those HON. JOE WILSON forth a new proposal for the establishment of countries it was understood that the way for- OF SOUTH CAROLINA a National Commission on Truth and Rec- ward is shown through the light of truth. This IN THE HOUSE OF REPRESENTATIVES onciliation, which will have the power to com- process is not without pain because it requires pel testimony and gather official documents to a willingness to study evidence to which eyes Thursday, September 11, 2008 reveal to the American people not only the un- had been averted and ears had been closed. Mr. WILSON of South Carolina. Madam derlying deception which has divided us, but in But in the process of truth and reconciliation, Speaker, I would like submit the following edi- that process of truth seeking set our Nation on nations found new strength, new resolve, and torial published today in the Times and Demo- a path of reconciliation. new commitment. crat newspaper of Orangeburg, South Carolina We suffer in our remembrance of 9/11, be- on September 11, 2008. It eloquently conveys cause of the terrible loss of innocent lives on The South African Truth and Reconciliation the dedication we all feel on this seventh anni- that grim day. We also suffer because 9/11 enabled that nation to come to grips with its versary of the terrorist attacks of September was seized as an opportunity to run a political past through a public confessional, bringing 11th. I appreciate their sentiment, and believe agenda, which has set America on a course of forward those who committed crimes and hav- that we must never forget those who lost their the destruction of another nation and the de- ing the power to grant amnesty for full disclo- lives on that terrible day, never forget the struction of our own Constitution. And we have sure of crimes against the people. Of course, enemy we face, and never lose faith that our become less secure as a result of the warped our path may necessarily be different: High nation will prevail in this Global War on Ter- practice of pursing peace through the exercise U.S. government officials stand accused in im- rorism. of preemptive military strength. peachment petitions of violating national and It is not simply 9/11 that needs to be re- international law. Our continued existence as SEVEN YEARS LATER: ‘‘WE WILL NOT FORGET’’ membered. We also need to remember the a democracy may depend upon how thor- Today is Sept. 11, 2008, seven years after politicization of 9/11 and the polarizing nar- oughly we seek the truth. I will call upon the the worst attack against America in its his- rative which followed, locking us into endless American people to join me in supporting this tory. Second District Congressman JOE WIL- SON has since that day made a point of ref- conflict, a war on terror which has wrought fur- effort. erencing remembering 9–11 in every speech ther terror worldwide and which has severely The truth can move us forward, as a unified before lawmakers. He’s offered more than damaged our standing worldwide as an honor- whole, so that we can one day become a re- words, too, with his children serving in the able, compassionate nation. As we were all United States. September 11 is the day the war on terrorism and the congressman being victims of 9/11, so we have become victims of an active supporter of the war and the mili- world changed. It is the day America em- the interpretation of 9/11. tary waging it. braced a metaphor of war. If we are open to Our government’s external response to 9/11 The Times and Democrat’s continuing se- was to attack a nation which did not attack us. truth and reconciliation, we may one day be ries of memorial posters today focuses on Indeed on the first anniversary of 9/11, the able, once again, to embrace peace. 9–11. ‘‘We will not forget.’’ The message has Bush administration issued a well-publicized not changed. f Innocent people in the World Trade Cen- stern warning to Iraq which was part of a cam- ters and the Pentagon, and aboard an air- paign to induce people to believe Iraq had HONORING MARY HIGLEY’S 110TH liner in Pennsylvania, died when terrorists something to do with 9/11. BIRTHDAY brought their hatred for our nation and its The deliberate, systematic connection of people to our shores. The images of airliners Iraq with 9/11 has led America into a philo- crashing into the very symbols of our Nation sophical and moral cul-de-sac as over one are forever etched into Americans’ minds. million Iraqis and over 4155 U.S. soldiers have HON. JIM GERLACH On this anniversary date, our Nation re- mains under attack. We continue to be the died in a war which will cost over $3 trillion. OF PENNSYLVANIA Additionally, soldiers from 23 other countries target of terrorists, either directly or have died in the Iraq war. IN THE HOUSE OF REPRESENTATIVES through attacks on our allies. Extremists We attempt to unite Iraq by further dividing contending they are acting in the name of Thursday, September 11, 2008 Islam continually vow to punish our nation it. We talk about restoring Iraq while taking for its perceived evil role around the world. steps to place control of its vast oil wealth in Mr. GERLACH. Madam Speaker, I rise Defeating the threat, on the surface, ap- the hands of U.S. oil giants. And we intend to today to honor Mrs. Mary Higley, a South- pears impossible. We cannot score definitive impose upon the Iraqi people the cost of re- eastern Pennsylvania resident who recently military victories against forces that are building a country which our government ru- reached a very special milestone. committed only to recruiting soldiers to die ined, keeping a once prosperous nation while killing as many Americans as possible. Mary celebrated her 110th birthday on Aug. lashed to debt and poverty for a long, long There seemingly always will be another re- 10, 2008 during a ceremony with her fellow time. Iraq has paid for 9/11. We all continue cruit. residents at Meadowood Retirement Commu- Our forces fighting in Iraq and Afghanistan to pay for 9/11. face constant threats. Our enemies boast of The heartbreaking loss of the lives and inju- nity in Worcester Township, Montgomery County. killing the American invaders who have ries to America troops further binds us to the come to seize holy lands. Thousands have Administration’s illogic of the Iraq war: We re- Mary was born in Burriville, Rhode Island in died. Their deaths must not be in vain. The member our troops’ sacrifice by demanding 1898. She was the first of five children in her sacrifices of the thousands on Sept. 11, 2001, more sacrifice; we support our troops by con- family. She pursued a career in the sciences must not be forgotten. Our nation will stand tinuing the war. after graduating from Mount Holyoke College tall, we will determine where and how to The dominant color of our new national se- with a degree in biology. Mary worked as a continue the fight against terrorism. Just as curity since 9/11 is neither red, white nor blue. Bacteriologist for the State of Rhode Island in older generations passed the test in World Every day is orange. Everyday reminders of War II and wars before, the generations of the Public Health Department testing water our time are facing their tests. We cannot af- fear of 9/11 become banal. Yet we no longer systems until she married. She and her late ford to fail. hear the airport announcements nor see the husband have three children, two boys and orange-colored warnings because they have one daughter who lives nearby in North f commonplace standards in our new national Wales, Pennsylvania. security state, as is the PATRIOT Act, wire- PERSONAL EXPLANATION Mary stays active at Meadowood, rising tapping, and a host of invasions of privacy and each morning at exactly 6 A.M. She is an avid diminution of civil liberties. The Constitution reader and enjoys walks through the gardens. HON. NEIL ABERCROMBIE has been roundly attacked by the very people OF HAWAII Known for her jigsaw puzzles, she always has who took an oath to defend it. one in the works in her room. Mary has been IN THE HOUSE OF REPRESENTATIVES There is a powerful desire across America a resident at Meadowood since 1996 and con- Thursday, September 11, 2008 for change, not necessarily from control by tinues a very busy and stimulating life there. one political party to another, but a change Mr. ABERCROMBIE. Madam Speaker, I re- from living with lies to living with truth. Madam Speaker, I ask my colleagues to join gret that I was delayed in reaching the floor Over two dozen nations, facing peril within me in wishing Mrs. Mary Higley a very happy yesterday and missed rollcall vote No. 581. and without, deeply divided by politics and war 110th birthday. She is an inspiration to all. Had I been present, I would have voted ‘‘aye.’’

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.017 E11SEPT1 jbell on PROD1PC69 with REMARKS September 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1771 SUNSET MEMORIAL in America is enough; and that it is time that Governmental Activities Seminar and the we stood up together again, and remembered ‘‘DSPs to D.C.’’ events. HON. TRENT FRANKS that we are the same America that rejected In Maine, these agencies are working with OF ARIZONA human slavery and marched into Europe to ar- hundreds of Direct Support Professionals (DSPs) to provide assistance to individuals IN THE HOUSE OF REPRESENTATIVES rest the Nazi Holocaust; and we are still cou- rageous and compassionate enough to find a with disabilities. DSPs help men, women, and Thursday, September 11, 2008 better way for mothers and their unborn ba- children with aspects of daily living, rehabilita- Mr. FRANKS of Arizona. Madam Speaker, I bies than abortion on demand. tion, training, and other tasks, seven days a stand once again before this House with yet Madam Speaker, as we consider the plight week, 24 hours a day, enabling Americans another Sunset Memorial. of unborn America tonight, may we each re- with mental and physical disabilities to live and It is September 11, 2008 in the land of the mind ourselves that our own days in this sun- work in their communities. This highly trained, free and the home of the brave, and before shine of life are also numbered and that all too skilled, and committed workforce supports in- the sun set today in America, almost 4,000 soon each one of us will walk from these dividuals in my Congressional District. The more defenseless unborn children were killed Chambers for the very last time. same is true throughout the State of Maine by abortion on demand. That’s just today, And if it should be that this Congress is al- and the rest of the country. Madam Speaker. That’s more than the num- lowed to convene on yet another day to come, Years ago, the Maine Legislature decided to ber of innocent lives lost on September 11 in may that be the day when we finally hear the provide residential support to its most vulner- this country, only it happens every day. cries of innocent unborn children. May that be able citizens with developmental disabilities It has now been exactly 13,016 days since the day when we find the humanity, the cour- and other special needs. This community- the tragedy called Roe v. Wade was first age, and the will to embrace together our based system consisted of a network of pri- handed down. Since then, the very foundation human and our constitutional duty to protect vate providers who had a long history of offer- of this Nation has been stained by the blood these, the least of our tiny, little American ing services to individuals with special needs of almost 50 million of its own children. Some brothers and sisters from this murderous through local organizations that were created of them, Madam Speaker, cried and screamed scourge upon our Nation called abortion on just for that purpose. Maine’s decision was an historic step for- as they died, but because it was amniotic fluid demand. ward, for it allowed my State to achieve two passing over the vocal cords instead of air, we It is September 11, 2008, 13,016 days since major goals. First, the residents of Maine’s couldn’t hear them. Roe versus Wade first stained the foundation only state institution for people with develop- All of them had at least four things in com- of this Nation with the blood of its own chil- mental disabilities, Pineland Center, were mon. First, they were each just little babies dren; this in the land of the free and the home who had done nothing wrong to anyone, and transferred to small, homelike settings in local of the brave. communities. This resulted in the closing of each one of them died a nameless and lonely f death. And each one of their mothers, whether the infamous Pineland facility in 1996. The she realizes it or not, will never be quite the IN HONOR OF MR. PAUL WEYRICH second achievement was to permit people same. And all the gifts that these children with disabilities to remain in their home com- might have brought to humanity are now lost munities instead of unfamiliar locations. The HON. PAUL RYAN work of countless Direct Support Professionals forever. Yet even in the of such tragedy, OF WISCONSIN this generation still clings to a blind, invincible was crucial to the success of Maine’s initiative. IN THE HOUSE OF REPRESENTATIVES DSPs are able to help their clients not only ignorance while history repeats itself and our by lending them physical support, but by build- own silent genocide mercilessly annihilates the Thursday, September 11, 2008 ing a relationship of trust. They help individ- most helpless of all victims, those yet unborn. Mr. RYAN of Wisconsin. Madam Speaker, I uals with communication issues convey their Madam Speaker, perhaps it’s time for those would like to take this opportunity to pay trib- thoughts, enable people with physical disabil- of us in this Chamber to remind ourselves of ute to Mr. Paul Weyrich for his many contribu- ities explore the world beyond their homes, why we are really all here. Thomas Jefferson tions to the cause of freedom and liberty. Mr. and help individuals establish friendships that said, ‘‘The care of human life and its happi- Weyrich is the proud son of Racine, Wis- allow them to give as well as receive from ness and not its destruction is the chief and consin—a city that I have the privilege to rep- their communities. The success of these serv- only object of good government.’’ The phrase resent in the U.S. House of Representatives. ices is the direct result of the personal rela- in the 14th Amendment capsulizes our entire Wisconsin has a long tradition of challenging tionships that DSPs build with their clients. Constitution. It says, ‘‘No State shall deprive the prevailing political sentiments, and pro- Thanks to the care and support of skilled any person of life, liberty or property without ducing intellectually-curious, reform-minded DSPs, the quality of life of many Americans due process of law.’’ Madam Speaker, pro- leaders. Paul Weyrich is one such leader. with special needs has improved significantly. tecting the lives of our innocent citizens and As a pioneer of the modern conservative However, this progress is threatened by ex- their constitutional rights is why we are all movement, Mr. Weyrich has consistently panding need and shrinking resources. In par- here. served as a vocal defender of our economic ticular, we now face a critical DSP workforce The bedrock foundation of this Republic is and religious freedoms. On September 10, shortage because, as the cost of living rises, the clarion declaration of the self-evident truth 2008, I had the unique opportunity to show my the low wages associated with this career are that all human beings are created equal and respect and admiration at the Paul Weyrich driving employees out of the field. endowed by their Creator with the unalienable Legacy Dinner in Washington, D.C. On behalf Despite today’s high unemployment rate, rights of life, liberty and the pursuit of happi- of those I represent in Racine, Wisconsin, I members of the Maine Association for Com- ness. Every conflict and battle our Nation has extend my gratitude to this great American. munity Service Providers struggle every day to ever faced can be traced to our commitment f hire and retain quality staff to work as DSPs to this core, self-evident truth. in their residential facilities. To reverse this It has made us the beacon of hope for the DIRECT SUPPORT PROFESSIONALS trend, many providers across the nation sup- entire world. Madam Speaker, it is who we PROVIDE ESSENTIAL SERVICES port H.R. 1279, the Direct Support Profes- are. AND DESERVE FAIR COMPENSA- sionals Fairness and Security Act of 2007, in- TION And yet today another day has passed, and troduced by Representative LOIS CAPPS (D– we in this body have failed again to honor that CA). This measure would provide states with foundational commitment. We have failed our HON. THOMAS H. ALLEN funds to increase the wages paid to DSPs sworn oath and our God-given responsibility OF MAINE who provide services to individuals with dis- as we broke faith with nearly 4,000 more inno- IN THE HOUSE OF REPRESENTATIVES abilities under the Medicaid program. cent American babies who died today without It is time to recognize the dedication, com- Thursday, September 11, 2008 the protection we should have given them. mitment, and sacrifices DSPs make to ensure So Madam Speaker, let me conclude this Mr. ALLEN. Madam Speaker, I rise today to the safety and well-being of the people they Sunset Memorial in the hope that perhaps recognize the good people at Woodfords Fam- serve, providing a critical safety net for our someone new who heard it tonight will finally ily Services and the other members of the disabled citizens. This care is often physically embrace the truth that abortion really does kill Maine Association for Community Service Pro- and emotionally demanding. DSPs deserve little babies; that it hurts mothers in ways that viders who have come to Washington, D.C. fair compensation. Accordingly, I ask my col- we can never express; and that 13,016 days this week to take part in the American Net- leagues to join me in cosponsoring the bipar- spent killing nearly 50 million unborn children work of Community Options and Resources tisan Direct Support Professionals Fairness

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.020 E11SEPT1 jbell on PROD1PC69 with REMARKS E1772 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2008 and Security Act (H.R. 1279). Our health care When Tanner’s grandmother gave him $5 to gorges, and a way of life in the communities workforce must include a sufficient number of spend for himself he instead chose to drop it surrounding these two rivers. trained Direct Support Professionals to provide into a Salvation Army bucket. I urge support for this bill. these critical services. Investing in fair com- At the age of 13, Tanner already had big f pensation for DSPs is the right thing to do. plans in life including starting his own busi- STEVEN PEARLSTEIN TO THE ness using heavy equipment, making his sud- f RESCUE den death even more tragic. BILL TO AMEND EXPEDITED This young boy has brought together a team FUNDS AVAILABILITY ACT and community like no one could have ever HON. BARNEY FRANK imagined; he will not be forgotten. Tanner will OF MASSACHUSETTS HON. CAROLYN B. MALONEY be memorialized with an Arnold Athletic Asso- IN THE HOUSE OF REPRESENTATIVES OF NEW YORK ciation baseball diamond named in his honor Thursday, September 11, 2008 IN THE HOUSE OF REPRESENTATIVES as well as the De Soto Express Tanner Boyn- Mr. FRANK of Massachusetts. Madam Thursday, September 11, 2008 ton Scholarship Fund awarded to De Soto Speaker, a great deal has been written and High School graduating seniors who excel spoken, understandably, about various efforts Mrs. MALONEY of New York. Madam academically and play baseball. by the Bush administration—with and without Speaker, this bill amends the Expedited Funds I extend my deepest condolences to Tan- Congressional authorization—to rescue major Availability Act, EFAA, to provide a 1-time ad- ner’s family. financial institutions. Unfortunately, a great justment in certain dollar amounts to account f deal of that analysis has been distorted, inac- for inflation over the 21 years since the enact- curate, and ill-informed. In the Washington ment of such Act, to provide for future adjust- MISSISQUOI AND TROUT RIVERS Post, Wednesday, September 10th, Steven ments of such amounts on a regular basis, WILD AND SCENIC RIVER STUDY Pearlstein once again provides a thoughtful, and for other purposes. ACT OF 2008 balanced analysis of the public policy issues In reviewing the effects of the Check 21 Act, involved here. I urge all Members, Madame it came to the attention of many observers, in- SPEECH OF Speaker, to read Mr. Pearlstein’s analysis and cluding the Federal Reserve, that the amounts HON. PETER WELCH keep it in mind as we deliberate going forward specified by the EFAA as available for imme- OF VERMONT on these issues. As he very sensibly puts it, diate withdrawal had not been increased in IN THE HOUSE OF REPRESENTATIVES ‘‘In the end, the right way to think about these over two decades and no provision had been rescues is not to simply ask how much they made for indexing those amounts for inflation. Wednesday, September 10, 2008 are likely to cost, but how the rescue com- This bill accomplishes those two goals with re- The House in Committee of the Whole pares to the cost of doing nothing.’’ Mr. spect to some of the amounts specified in the House on the State of the Union had under Pearlstein’s insightful approach to the current statute. consideration the bill (H.R. 3667) to amend economic crisis is one of the most important The Board of Governors of the Federal Re- the, Wild and Scenic Rivers Act to designate assets we now have, and it is one that is not serve approved an earlier version of this legis- a segment of the Missisquoi and Trout Riv- being impaired by current trends. ers in the State of Vermont for study for po- lation which also contained provisions increas- [From the Washington Post, Sept. 10, 2008] ing the amounts immediately available under tential addition to the National Wild and Scenic Rivers System: DON’T LIKE BAILOUTS? CONSIDER THE the large deposit and new account sections of ALTERNATIVES Mr. WELCH of Vermont. Mr. Chairman, the the EFAA. Those provisions have been re- (Steven Pearlstein) Missisquoi and Trout Rivers are located in my moved from this legislation due to industry First came the rescue of Bear Stearns and concerns, but no provisions have been added home State of Vermont. The Missisquoi be- the Fed loans to cash-strapped investment that were not approved by the Board. gins in Western Orleans County just north of banks. Then the government stepped in to This legislation is long overdue and will ad- the beautiful mountain town of Eden and fill the financing gap left when private lend- just basic banking regulations for inflation. heads up through the Green Mountains. From ers retreated from the college loan business. Last weekend brought the takeover of f Eden, the river leaves the U.S. and winds through southern Quebec before returning to Fannie Mae and Freddie Mac. And now the HONORING TANNER BOYNTON the small Vermont town of Richford. Not-So-Big Three are headed our way look- ing for $50 billion in retooling loans. If you paddle south along the Missisquoi When is this going to end? HON. RUSS CARNAHAN from Richford you can find pristine clay depos- The honest answer: With stock markets OF MISSOURI its along the banks. Outside of the town of swinging 300 points a day and the economy diving into recession, not anytime soon. IN THE HOUSE OF REPRESENTATIVES East Berkshire the Trout River feeds in from the East and slightly cools the temperature of Indeed, the chances are pretty good that Thursday, September 11, 2008 the water. From here, the two rivers run as by year’s end, Washington will have to bail out another big bank or investment house Mr. CARNAHAN. Madam Speaker, I rise one all the way to Lake Champlain. along with a bond insurer or two. And tax- today to pay tribute to a constituent, Tanner From Eden to Lake Champlain the rivers payers will be called on to replenish the cof- Boynton, who tragically died, Friday, August 1, run through scenic northern mountains, rolling fers of the federal agencies that insure pri- 2008, at the far too young age of 13, playing farm hills dotted with dairy cows, and small vate bank deposits and private pensions. baseball, a game that he loved dearly. Vermont towns. Both rivers are highly valued Already, there’s been plenty of grumbling Tanner was warming up by playing catch by the surrounding towns and communities for from editorial writers and market-oriented before tournament play when he became dis- swimming, fishing, and boating. Parents who conservatives that the country is on a slip- tracted and was tragically hit in the back of the grew up swimming in these rivers take their pery slope toward socialism. They also fear that these rescues will encourage reckless neck with a baseball. children back to the same places to teach risk-taking in the future, creating the expec- I did not have the opportunity to get to know them how to swim. In the summer you can tation that if bets go bad, Uncle Sam will al- Tanner before learning of his death, but like find these swimming holes filled with families, ways be there with a bailout. much of the community I learned a great deal enjoying the water and taking in the sunshine From the left, meanwhile, come populist about him after he was suddenly taken away along their banks. complaints that government has committed from his teammates, friends and family. These rivers are bordered by the largest enormous amounts of taxpayer money to Tanner played first base and outfield for the and perhaps the highest quality silver maple bail out corporate fat cats and rich investors while ignoring the plight of millions of De Soto Express, which ended the season in floodplain forest remaining in the State. They Americans facing personal bankruptcy and first place. He was preparing to enter the are also home to diverse animal life including foreclosure. eighth grade at De Soto Junior High. brook trout, rare freshwater mussels and spiny While there is validity to these concerns, Friends and family describe Tanner as ma- soft-shell turtles. The surrounding marshes they are also based on a number of false as- ture beyond his age. host migratory birds such as the great blue sumptions, chief among them that vast sums After his coach approached him about play- heron and black terns. are expended on these rescues. History shows that rather than costing ing for the traveling team, Tanner had one This bill will provide for a study of these two taxpayers, the rescues have often wound up condition: ‘‘I can’t play during the week past 8 rivers and represents the first step toward pro- making money. p.m. because I have to go to school the next tecting Abenaki Indian archeological sites That was the case with the Home Owners day, and I’m really into my school situation.’’ along the floodplains, scenic waterfalls and Loan Corp., a New Deal agency that bought

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.022 E11SEPT1 jbell on PROD1PC69 with REMARKS September 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1773 mortgages from banks and wound up with a PORT OF AND SEA-TAC of responsibilities that support the legislative small profit by the time all the loans were AIRPORT ENVIRONMENTAL REC- process, assure the security of the institution, paid up in the early 1950s. The same was true OGNITION and maintain our technology and service infra- of the controversial loan guarantees made to structure. They have accomplished a great Lockheed and Chrysler in the 1970s. More re- many things in a wide range of activities, and cently, following the Sept. 11 terrorist at- HON. DAVID G. REICHERT tacks, the government set up an Air Trans- OF WASHINGTON the House of Representatives and its Mem- portation Stabilization Board that offered IN THE HOUSE OF REPRESENTATIVES bers, staff, and the general public, are better served because of them. The individuals we loans and loan guarantees to a handful of Thursday, September 11, 2008 cash-strapped airlines. The agency now ex- honor today have collectively provided over pects to close out its books in the black. Mr. REICHERT. Madam Speaker, I rise two hundred seventy-five, 275, years of serv- In the case of the $29 billion that the Fed- today in recognition of Seattle-Tacoma Inter- ice to the U.S. House of Representatives: eral Reserve loaned J.P. Morgan Chase to national Airport, Sea-Tac, as the winner of the Matthew P. Agee—Chief Administrative Offi- take over Bear Stearns, the final cost won’t 2008 Environmental Achievement Award from cer be known until the Fed sells the asset- Airports Council International—North America, David S. Bogan—Chief Administrative Offi- backed securities it took as collateral for ACI–NA. Sea-Tac, operated by the Port of Se- cer the loan. So far, so good: As of June 30, those attle, was recognized by ACI–NA for their James A. Bowles—Chief Administrative Offi- assets had an estimated market value of $29 Comprehensive Stormwater Management Pro- cer billion. gram, CSMP. Mary B. Engler—Clerk of the House It’s anyone’s guess what the Fannie and The CSMP focuses on surface-water runoff Freddie rescue will cost, but at this point it quality, regional basin planning, and endan- Stephen R. Johnson—Chief Administrative looks to have been structured on terms quite gered salmon. According to officials at the Officer favorable to the government. Although the Port of Seattle, not only did the CSMP at Sea- Mary M. Kelley—Chief Administrative Officer government is yet to put a dime into the Tac strengthen the environmental sustain- Arnette M. Person—Chief Administrative Of- companies, it has received $1 billion worth of ability of the communities surrounding Sea- ficer preferred stock and warrants for 80 percent Tac and the Pacific Northwest as a whole, it Robert V. Rota, Jr.—Clerk of the House of both companies’ common stock simply for also saved taxpayer’s an estimated $250 mil- agreeing to provide backstop financing. Michael H. Starnes—Clerk of the House lion. The Port of Seattle and Sea-Tac also Nathaniel L. Tolson—Clerk of the House Over the next few years, however, the worked cooperatively with local cities and gov- Deborah J. Turner—Clerk of the House Treasury will almost surely have to invest ernment agencies to implement a $4.2 billion tens of billions of dollars to keep Fannie and capital improvement program at Sea-Tac to On behalf of the entire House community, I Freddie adequately capitalized, and how adhere to storm water regulations and show extend congratulations and once again recog- much of that money will ultimately be re- nize and thank these employees for their com- covered depends on how things turn out with the type of environmental leadership that re- flects the values of the people of the region. mitment to the U.S. House of Representatives the millions of mortgages the companies as a whole, and to their respective House Offi- hold or have guaranteed. But if it is willing The Port of Seattle’s determination to be the cers and Inspector General in particular. Their to wait until housing markets finally re- greenest port in the Nation should be com- cover, there’s a good chance the government mended. I applaud port CEO Tay Yoshitani long hours and hard work are invaluable, and will recoup most of its investment, along and the five port commissioners for their inno- their years of unwavering service, dedication with a 10 percent annual dividend and a vative leadership in lessening their environ- and commitment to the House set an example hefty guarantee fee. mental impact and showing conclusively that for their colleagues and other employees who In the end, the right way to think about green policies and economic stimulation are will follow in their footsteps. I celebrate our these rescues is not to simply ask how much not divergent values. I urge the port to con- honorees, and I am proud to stand before you they are likely to cost, but how the rescue tinue on their conservation path and I pledge and the nation on their behalf to recognize the compares to the cost of doing nothing. to also continue pushing pro-environment leg- importance of their public service. It’s not hard to imagine, for example, that islation and ideals in the House of Represent- if nothing had been done, Fannie and Freddie atives. f would have been forced by nervous bond- f holders to hunker down and throttle back its EARMARK DECLARATION housing-finance activities, further desta- THE RECOGNITION OF 25 YEARS bilizing financial markets and accelerating OF SERVICE AWARDS FOR EM- HON. DAVE WELDON the housing market’s downward spiral. PLOYEES OF THE OFFICERS AND Those, in turn, could have easily turned a INSPECTOR GENERAL OF THE OF FLORIDA short recession into one that was longer and HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES deeper—one that cost Americans an extra $200 billion in lost income, several hundred Thursday, September 11, 2008 thousand additional lost jobs and a net loss HON. ROBERT A. BRADY Mr. WELDON of Florida. Madam Speaker, to the Treasury of $80 billion. Suddenly, a OF PENNSYLVANIA pursuant to the Republican Leadership stand- Fannie/Freddie rescue begins to look like a IN THE HOUSE OF REPRESENTATIVES ards on earmarks, I am submitting the fol- bargain. Thursday, September 11, 2008 lowing information for publication in the CON- Aside from the money, of course, there is GRESSIONAL RECORD regarding earmarks I re- also the problem of moral hazard—the con- Mr. BRADY of Pennsylvania. Madam Speaker, I rise today to congratulate and rec- ceived as part of H.R. 6599, The Military Con- cept that unless markets are allowed to in- struction and Veterans Affairs Appropriations flict the full measure of punishment on in- ognize outstanding employees of the Officers, vestors and executives for their bad judg- Clerk of the House, Sergeant at Arms and Act for FY 2009. ments and undue risk-taking, it will only in- Chief Administrative Officer, and Inspector I have requested that the committee provide vite bad judgment and undue risk in the fu- General of the U.S. House of Representatives the full $122,000,000 requested by the Admin- ture. But using moral hazard to argue who have reached the milestone of 25 years istration for construction of the East-Central against the carefully structured rescues of of service to the U.S. House of Representa- Florida (Orlando) New Veteran’s Medical Fa- Bear Stearns or Fannie and Freddie is a bit tives. cility under the Department of Veterans Affairs likely arguing that any sentence short of Our most important asset in the House is Major Construction account. The committee capital punishment is insufficient to deter our dedicated employees, and their work, provided $220,000,000 within the bill. bank robbery. often behind the scenes, is vital in keeping the The Medical Center will consist of a 134- Remember that even with the rescues, top operations and services of the House running bed hospital, a large medical clinic, a 120-bed executives at Bear Stearns, Fannie Mae and smoothly and efficiently. The employees we Nursing Home, a 60-bed domiciliary, and full Freddie Mac lost their jobs, their reputa- tions and most of their net worth, while recognize today are acknowledged and com- support services, utilities, and infrastructure on long-term investors lost all but a tiny frac- mended for their hard work, dedication, and a new site. It will provide VA Acute Care, com- tion of their money. It’s hard to imagine support of House Members, their staffs and plex Specialty Care and advanced Ancillary/ that anyone will look back on those experi- constituents, and for their contributions day-in Diagnostic services for approximately 92,000 ences and see anything but a cautionary and day-out to the overall operations of the veteran enrollees. The site selected is in the tale. House. These employees have a wide range Lake Nona development in Orlando, Florida.

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.027 E11SEPT1 jbell on PROD1PC69 with REMARKS E1774 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2008 EXPRESSING THE CONDOLENCES most of us hold, but it is a reality for millions needs of the patient. Considered to be the OF THE HOUSE OF REPRESENTA- of Americans. model for quality, compassionate care at the TIVES ON THE DEATH OF THE In Illinois, approximately 80,000 grand- end of life, hospice care involves a team-ori- HONORABLE STEPHANIE TUBBS parents head households that include young ented approach of expert medical care, pain JONES, A REPRESENTATIVE OF children. Indeed, my Congressional District management, and emotional and spiritual sup- THE STATE OF OHIO has the highest percentage of children living port expressly tailored to the patient’s wishes. with kinship caregivers in the Nation, followed Hospices around the country provide invalu- SPEECH OF by the First District of Illinois with the second able services and care by enhancing the qual- HON. STEVE COHEN highest percentage and the Second District ity of life for the terminally ill. OF TENNESSEE with the tenth highest percentage in the na- The Medicare hospice benefit has significant tion. I know the sacrifice and dedication of cost savings. A Duke University study showed IN THE HOUSE OF REPRESENTATIVES these grandparents. I know the lengths they that patients receiving hospice care cost the Monday, September 8, 2008 go to identify the resources and obtain sup- Medicare program about $2,300 less than Mr. COHEN. Mr. Speaker, I rise today to ports for these youth, foregoing their own those who did not. honor our departed colleague the Honorable needs to provide for their grandchildren. Unfortunately, the Bush Administration and STEPHANIE TUBBS JONES. I am pleased that Congress is advancing the Centers for Medicare and Medicaid Serv- Many have attested to STEPHANIE’s con- legislation to support these grandparent care- ices (CMS) recently issued a final rule that tagious smile and fierce loyalty to her friends. givers. In June, the House of Representatives would eliminate the budget neutrality factor in I always respected and admired her. I can passed H.R. 6307, the Fostering Connections the Medicare hospice wage index. This will re- honestly say that she was a nice and profes- to Success Act. This bill includes important sult in a $2.18 billion reduction in Medicare sional colleague. We spoke for the last time a provisions that I have championed for 4 years hospice reimbursement over 5 years and couple of weeks ago at the Congressional that will support kinship caregivers. Specifi- threatens the ability of hospice providers to Black Caucus’s Annual Retreat in Tunica, Mis- cally, the bill includes the three core elements care for the terminally ill. This legislation seeks sissippi. I feel a sense of gratitude for our of my bill, H.R. 2188, the Kinship Caregiver to prevent CMS from implementing this short- meeting. We talked. We embraced. STEPHANIE Support Act, which I introduced with Rep- sighted rule until October 2009. expressed her congratulations for my success resentative TIM JOHNSON: It allows states to I initiated a letter in April 2008, signed by 49 as a freshman legislator. She spoke fondly of use Federal funds to support family care- House members, to Health and Human Serv- her time in Memphis as she visited her family givers’ raising relatives who were in the foster ices Secretary urging him to re- there. care system; it provides funding to establish consider issuing this rule that phases out the Over the past decade, STEPHANIE was an kinship navigator programs; and it requires no- current budget neutrality factor in the Medicare undeniable force in Congress. She broke bar- tification of relatives when a child enters the hospice wage index. That letter was ignored riers in 1998 by being elected the first African foster care system. The Senate Committee on as the Administration has moved forward and American woman in Congress from Ohio. She Finance is advancing related legislation this issued this misguided regulation. persisted over the years and was appointed to week. It is important that Congress acts quick- Madam Speaker, as our nation faces the the powerful Ways and Means Committee. ly to support grandparent-headed families. Re- continuing challenges of meeting the health She served with a sense of pride as the chair- search clearly shows that kinship foster care care needs of an aging population, now is not woman of the House Ethics Committee. families are safer, more stable placements the time to cut back on Medicare reimburse- STEPHANIE and I co-sponsored a great deal that are more likely to keep children con- ment for hospice services, which is cost effec- of legislation together. On July 29, 2008, we nected with their siblings and communities tive and saves Medicare money. I invite my unified as Members of Congress and passed than non-relative placements. Further, these colleagues to join us to pass the Medicare H. Res. 194: the formal apology for govern- placements are cost effective. In Illinois, cost Hospice Protection Act to ensure access to ment’s involvement in slavery and Jim Crow. studies found a projected savings of approxi- hospice services for the patients and families STEPHANIE was one of my earliest co-spon- mately $48 million over 10 years. We know who need it. sors. She was a community conscious legis- that millions of grandparents care for grand- f lator. She fought for the people and sponsored children who never entered the foster care legislation on issue areas ranging from com- system, and we need to include supports— HONORING SGT RYAN BAUMANN munity economic development to enfranchise- such as kinship navigator programs—to help ment and retirement security. these families identify and access services as HON. STENY H. HOYER I am forever grateful that my last interaction well. OF MARYLAND with STEPHANIE concluded with a deep and National Grandparents Day reminds us to IN THE HOUSE OF REPRESENTATIVES meaningful hug. My only regret is that STEPH- care for our seniors. It is a fact of nature that Thursday, September 11, 2008 ANIE and I will not have the opportunity to all of us will turn grayer. I hope that Congress work together in the future. will succeed in implementing key supports for Mr. HOYER. Madam Speaker, I rise in memory of a Maryland native who died last f kinship caregivers who have done so much to protect and care for some of our most vulner- month in our country’s service: SGT Ryan HONORING NATIONAL able citizens. Baumann of Great Mills. I know how small a GRANDPARENTS DAY difference any words of mine can make for f those who loved and lost him; but still, he de- HON. DANNY K. DAVIS INTRODUCTION OF THE MEDICARE serves all the honor we can give. OF ILLINOIS HOSPICE PROTECTION ACT Ryan Baumann grew up in Great Mills, IN THE HOUSE OF REPRESENTATIVES Maryland, where he excelled in sports and was an award-winning photographer. He met Thursday, September 11, 2008 HON. CHRIS VAN HOLLEN OF MARYLAND his fiance, Lauren Smith, soon after grad- Mr. DAVIS of Illinois. Madam Speaker, we IN THE HOUSE OF REPRESENTATIVES uating from high school; tragically, he was celebrate National Grandparents Day on the killed in action before they could marry. first Sunday after Labor Day every September. Thursday, September 11, 2008 Sergeant Baumann was a veteran of Iraq In honor of the 2008 National Grandparents Mr. VAN HOLLEN. Madam Speaker, I rise and Afghanistan, a highly decorated soldier. Day, I wish to recognize the contribution of the today to introduce the Medicare Hospice Pro- His awards included the Meritorious Service millions of grandparent caregivers who raise tection Act to help preserve Medicare bene- Medal, the Army Commendation Medal, the their young relatives. In the United States, ficiaries’ access to hospice services. I am Army Achievement Medal, two awards, the more than four and one half million grand- pleased to be introducing this legislation with National Defense Service Medal, the Iraq parents are raising over six million children. my colleagues JIM RAMSTAD and MAURICE HIN- Campaign Medal, the Global War on Ter- These grandparents have embraced the role CHEY. rorism Service Medal, the Army Service Rib- of full-time caregivers—juggling car seats, Established as a Medicare benefit in 1983 bon, and the Overseas Ribbon. He was also monitoring homework, and stretching fixed-in- to ensure that all beneficiaries could access posthumously awarded the Purple Heart and comes—to protect young children whose par- high quality end-of-life care, hospice is a com- the Bronze Star. ents cannot provide them safe, permanent prehensive model of care that encompasses Sergeant Baumann’s death typified his out- homes. This is not the vision of retirement that the physical, spiritual, emotional, and practical standing service. Traveling on Route Alaska in

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.032 E11SEPT1 jbell on PROD1PC69 with REMARKS September 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1775 Khost Province, Afghanistan, Sergeant property where he was raised. Sidney has Twenty-six years ago, a small group of com- Baumann spotted an improvised explosive de- spent thirty-two wonderful years married to munity leaders joined together to make the vice from his Humvee. As his fiance ex- Barbara Porter Clotfelter and, along with his dream of local MHMR services a reality—the plained, ‘‘They were going downhill and he four children, has eight grandchildren and dream they shared became a reality on Sep- saw the land mine and he was telling them to eleven great-grandchildren. tember 1, 1983. What initially was only an out- stop, and you can’t stop a Humvee going Madam Speaker, I ask that my colleagues patient service center grew to have a budget downhill, and he told them to veer to the left, join me in wishing Robert Sidney Clotfelter a of $1.5 million and 46 employees by the end which made him take the brunt of the explo- happy and healthy 95th birthday and thanking of the first year. Tri-County MHMR grew from sion. He wouldn’t have had it any other way.’’ him for a lifetime of service to his community. these humble beginnings into a $22 million Sgt. Baumann died of his injuries; every other f system that serves nearly 7,000 people and serviceman in the Humvee survived. has more than 350 employees. In the wake of his death, we honor his com- RECOGNIZING THE 50TH ANNIVER- It is only through the dedication of the mitment to our country, his tremendous sac- SARY OF MARIAN HIGH SCHOOL founders, the continued work of the employ- rifice, and his devotion to his comrades-in- ees, and the support of the community that arms. As they mourn their great loss, our HON. JOE KNOLLENBERG Tri-County MHMR has seen such tremendous success and been able to make such a posi- thoughts are with his family: his father Robert; OF MICHIGAN his mother Cindy; his stepfather Gary Lohman; tive impact on the community. IN THE HOUSE OF REPRESENTATIVES If you name the service chances are Tri- his sister Christina; and his fiance, Lauren Thursday, September 11, 2008 County MHMR offers it; from outpatient psy- Smith. I pledge to them all the support a Mr. KNOLLENBERG. Madam Speaker, I chiatric services, nursing and counseling to grateful nation can give. supported employment, habilitation and voca- f want to recognize Marian High School in Bloomfield Hills, MI as they celebrate their tional training for both adults and children. The HONORING THE 95TH BIRTHDAY OF 50th anniversary on September 14, 2008. The impact they’ve had has been felt locally and ROBERT SIDNEY CLOTFELTER school continues to be a beacon of academic with the help of Federal grants, they continue to offer new services and provide better care. excellence that nurtures future generations of Only last year, they received over $1.3 million leaders. HON. PHIL GINGREY to build additional supported apartment hous- Marian High School is a Catholic, college OF GEORGIA ing in Montgomery County. Tri-County MHMR preparatory high school for young women IN THE HOUSE OF REPRESENTATIVES continues to grow and identify new areas founded by the Sisters, Servants of the Im- Thursday, September 11, 2008 where they can contribute and, with the help maculate Heart of Mary in 1959. The con- of the State of Texas, the Montgomery County Mr. GINGREY. Madam Speaker, I rise today gregation continues to sponsor the school and Hospital District, and the Montgomery County to honor Robert Sidney Clotfelter, who is cele- is still an active part of the administration. The United Way, Tri-County MHMR will open a brating his 95th birthday this week. Sidney school’s mission is to ensure, within a Chris- much needed Crisis Stabilization Unit in 2009. Clotfelter is a life-long Georgian who has tian environment, an excellent education built It is an honor to recognize such an impres- spent the majority of his 95 years enriching on a strong academic curriculum, which will sive group of individuals and such a noble or- lives of citizens in the heart of my district— enable young women to value human diversity ganization. I hope all Americans can learn Marietta, Georgia. Born in Fulton County, and live responsible lives of leadership and from the example Tri-County MHMR continues Georgia on September 14, 1913, Sidney was action based on gospel values. to make and step forward to fill a need in their one of five children to Charles Thomas and Marian’s philosophy of melding Christian local community, help other people, and in a Era Northcutt Clotfelter. values with scholastic achievement has prov- small way help make life better for someone Growing up in Marietta during the Great De- en to be one of success. This is exampled by else. pression, Sidney sold vegetables from the the fact that Marian students have consistently f back of a Model T Ford to help make ends performed above the state and national aver- meet for his family. ages on the SAT and ACT. In addition, Marian TRIBUTE TO DR. ICHIJI TASAKI Sidney attended Marietta High School and offers 20 honor level courses and 12 ad- graduated in 1932, where he was voted Best vanced placement courses, which allow stu- HON. CHRIS VAN HOLLEN All-Around Senior. After high school, he at- dents to earn college credits. The faculty has OF MARYLAND tended a local business college, and then also shown a commitment to improving the IN THE HOUSE OF REPRESENTATIVES studied two years at . During quality of the education students are receiving Thursday, September 11, 2008 World War II, he served his country as an offi- with over 60 percent of them holding an ad- Mr. VAN HOLLEN. Madam Speaker, I rise cer in the Army with the Corps of Engineers. vanced degree. today to recognize the outstanding achieve- Sidney has been an active member of the Madam Speaker, Marian High School con- ments of my constituent Dr. Ichiji Tasaki. Dr. First Presbyterian Church since 1928, where tinues to be one of the finest educational insti- Tasaki has worked at the National Institutes of he has served as Deacon and has been on tutions in Michigan. I wish to congratulate the Health for 54 years, since November 1953, the Property Committee for twenty years. administration, faculty, students, and alumni and has made invaluable contributions to the He has owned and operated a number of on their 50th Anniversary and hope for many scientific community. businesses, including a contracting company years of prosperity. Dr. Tasaki was born in Japan in 1910 and for commercial and industrial construction. He f attended medical school at Keio University built schools, churches and various commer- Medical School. Upon earning his medical de- 25TH ANNIVERSARY OF TRI-COUN- cial buildings around Marietta, and did con- gree, Dr. Tasaki began a career in research. struction work for Southern Bell and AT&T in TY MENTAL HEALTH AND MEN- After completing a Rockefeller Fellowship in every state in the Southeast. For several TAL RETARDATION Switzerland and England, Dr. Tasaki immi- years he worked for Lockheed Martin in main- grated to the United States in 1951, where he tenance and construction. HON. KEVIN BRADY began work at the Central Institute for the In 1992, he was honored with the Marietta OF TEXAS Deaf in St. Louis, Missouri, helping to develop High School Distinguished Alumni Award. Sid- IN THE HOUSE OF REPRESENTATIVES the field of audiology, which serves as a foun- ney Clotfelter has been a member of the Mari- Thursday, September 11, 2008 dation for diagnosing and treating numerous etta Rotary Club since 1946 and served as the hearing disorders. Club’s president from 1962 to 1963. Mr. BRADY of Texas. Madam Speaker, I Dr. Tasaki began his career at the National Sidney Clotfelter has contributed much to rise today to recognize the 25th anniversary of Institutes of Health as a Section Chief in the the communities of Marietta, Cobb County, the Tri-County Mental Health and Mental Re- National Institute of Neurological Disorders and the entire state of Georgia during his 95 tardation being designated as the MHMR cen- and Blindness. He went on to become a Lab- years. His donations of time, work and money ter for Montgomery, Liberty and Walker coun- oratory Chief and later a Senior Research Sci- to a wide variety of organizations and causes ties in southeast Texas. I ask my colleagues entist at the National Institute of Mental have been substantial, continual and self- and those visitors in the House Chamber to Health, where he remained for twenty-two less—often giving anonymously. He is a dedi- join me in congratulating Tri-County MHMR years. Most recently, Dr. Tasaki was associ- cated family man who is blessed to have all and applauding the work they’ve done over ated with the National Institute of Child Health four of his children living near him on the the past quarter century. and Human Development.

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.035 E11SEPT1 jbell on PROD1PC69 with REMARKS E1776 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2008 Dr. Tasaki has made countless contributions work and tireless dedication to free enterprise both the National and California Associations to scientific understanding. He is well known and merit shop construction as a primary rea- of Health Underwriters, founding member of for discovering the insulating function of the son ABC is considered one of the most influ- the Academic Council of Insurance Planners, myelin sheath, the salutatory feature of nerve ential organizations in Washington today. Bill and Associate of the Black MBA Association. conduction, and the rapid swelling of nerve fi- is widely respected by his peers, and counsels He has held myriad board positions for such bers in association with their excitation. He many Members of Congress on a variety of community benefit organizations as the Los also developed an important method of issues. Angeles Community Lending Corporation, the intracellular perfusion and the new method of Bill received his bachelor of arts in Inter- Los Angeles Urban League, the Black Busi- detecting heat production associated with national Relations from the University of ness Association, and the Center for Non nerve excitation. Dr. Tasaki’s work is referred Southern California and his juris doctor from Profit Management. to in biology textbooks, and he is recognized the University of the Pacific’s McGeorge In light of all of these impressive accom- as the most senior author of ‘‘Scholarpedia.’’ School of Law in Sacramento. Bill came to plishments, however, Carl’s most notable con- Madam Speaker, I am honored to commend Washington in 1987 to serve in the Reagan tribution has been as the creative and sup- Dr. Ichiji Tasaki for his significant contributions Administration where he worked in the Office portive president of Dickerson Employee Ben- to scientific understanding. I ask my col- of the Secretary at the United States Depart- efits, which he founded in 1965. As a result of leagues to join me in applauding the advances ment of Commerce. In addition Bill has served Carl’s activities, both political and civic, he has made to improve the quality of life in high level positions in numerous campaigns Dickerson Employee Benefits has maintained throughout the world. around the country. strong roots in minority communities through- f Above all Bill is a consummate family man. out Southern California. The mission state- He always finds the time to attend his daugh- ment of Carl’s business closely emulates the RECOGNIZING BAKER CHAPEL AF- ter Kelsey’s dance recitals and his son Will’s mission of Carl’s life, which he lives up to ev- RICAN METHODIST EPISCOPAL baseball games with his wife Allison. eryday: ‘‘the belief that all people should have CHURCH UPON THEIR 100TH AN- I know I am not the only Member of the equal access to affordable healthcare.’’ NIVERSARY United States Congress who wishes Bill all the Carl Dickerson is a successful entrepreneur best and to thank him for everything he has who has never forgotten his roots, has always HON. MICHAEL C. BURGESS done. fought on behalf of those most in need in his OF TEXAS f community, and has remained acutely aware IN THE HOUSE OF REPRESENTATIVES that equal opportunity and equal access for HONORING CARL DICKERSON people of color is a cause still very much alive Thursday, September 11, 2008 and in need of leaders like him. Most impor- Mr. BURGESS. Madam Speaker, I rise HON. BARBARA LEE tantly, Carl has used his personal success to today to congratulate Baker Chapel African OF CALIFORNIA bring others up behind him. Methodist Episcopal Church on its 100th anni- IN THE HOUSE OF REPRESENTATIVES Fortunately, I have had the honor of wit- versary. Thursday, September 11, 2008 nessing this man at work many times. His Baker Chapel African Methodist Episcopal positive outlook, energetic spirit, and warm Church was founded in 1908 as a place of Ms. LEE. Madam Speaker, I rise today to humor are always present no matter what task worship and institution of service to its com- acknowledge the life and contributions of Mr. he has before him. Carl is constantly coming munity. The Reverend Walter McDonald, cur- Carl Dickerson as his family and friends join up with creative new ideas and inspiring peo- rent Pastor, and the church membership have together to celebrate the joyous occasion of ple to soar to new heights and attempt things sought to minister to the spiritual, intellectual, his 70th birthday. An innovative entrepreneur, they never thought they would be able to do. physical, and emotional needs of the people of community advocate, and tireless champion Carl Dickerson is a man who can produce a the surrounding area. For a century, BCAMEC for civil rights and equality, Mr. Dickerson has sense of self-confidence and adventure in oth- has stood as an esteemed religious institution, contributed immensely to our society. ers which they would never find within them- serving as a beacon in Tarrant County to Carl Dickerson was born in McKeesport, selves without his encouragement and guid- reach out to its neighbors and serve the Pennsylvania on September 12, 1938. Born ance. In this way, not only is he a talented misfortunate. into a loving family, Carl established a deep and successful person himself, but he has the I recognize Baker Chapel African Methodist value system centered on hard work and close incredibly rare ability to drive others to realize Episcopal Church for their accomplishment of relationships which he has carried with him their full potential. a century of service to the Fort Worth commu- through his many lifetime accomplishments. On behalf of the 9th Congressional District, nity. It is my privilege to represent the mem- After graduating from high school, Carl it is my great pleasure to join Carl Dickerson’s bers of Baker Chapel in the 26th district of served his country and pursued his education mother, wife, children, grandchildren, in-laws, Texas. with an endless voracity and thirst for knowl- and a host of loving family and friends as we f edge. He is a graduate of the U.S. Army Col- celebrate the 70th birthday of this great man. lege of Emergency Administrative Analysis in Congratulations, and I wish you all the best in TRIBUTE TO WILLIAM BYRD Battlecreek, Michigan, as well as of the U.S. the coming years. SPENCER Army Staff College of Nuclear Science in f Sheeps Head Bay, New York. In 1960, Mr. HON. MIKE ROGERS Dickerson received his degree from Lincoln ON THE INVALUABLE CONTRIBU- OF MICHIGAN University in Pennsylvania and went on to TION TO EDUCATIONAL EQUITY IN THE HOUSE OF REPRESENTATIVES complete graduate work at Temple University. MADE BY JAMES KETELSEN Carl Dickerson’s life has been filled with Thursday, September 11, 2008 groundbreaking business ventures, community HON. CAROLYN McCARTHY Mr. ROGERS of Michigan. Madam Speaker, contributions, and accomplishments both as a OF NEW YORK I rise to honor the accomplishments of William recognized leader and astute businessman. IN THE HOUSE OF REPRESENTATIVES Byrd Spencer of Washington, DC. William For four years, Mr. Dickerson served our Byrd Spencer, known to most as Bill, is con- young people as a dedicated educator, teach- Thursday, September 11, 2008 sidered one of Washington, DC’s preeminent ing at West Philadelphia High School in Penn- Mrs. MCCARTHY of New York. Madam labor/management specialists and political sylvania and at the University of California, Speaker, I rise in honor of James Ketelsen, strategists. Bill has worked in the government San Francisco. In the business world, he the founder of Project GRAD, an education re- affairs division at the Associated Builders and served as the president of Echo911 and the form model that is transforming the hopes of Contractors (ABC), one of the Nation’s largest Principal at IGP Tech. tens of thousands of students and families construction trade associations, for 19 years, Carl has always been relentlessly devoted across the country. Mr. Ketelsen has an- serving as ABC’s chief political strategist for to his community, and has spent the majority nounced his intention of resigning as chair of the last 8 years. During his time at ABC, Bill of his life donating his time and efforts to the Project GRAD USA board of directors, and has covered all aspects of their government countless professional affiliations where he will become chair emeritus later this fall. affairs activities and policy making, including has served in numerous capacities and board Mr. Ketelsen is the former CEO and chair- legislative, political, legal and regulatory af- positions. Just a small example of his many man of Tenneco. Under Mr. Ketelsen’s leader- fairs. Many on Capitol Hill credit Bill’s hard commitments includes being a member of ship, in 1988 Tenneco began to fund a 4-year

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.039 E11SEPT1 jbell on PROD1PC69 with REMARKS September 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1777 scholarship program for eligible graduates of fairs to provide a COLA to veterans receiving RECOGNIZING THE WORKFORCE Davis High School, at the time Houston’s low- disability compensation and other select VA MOSAIC AND THEIR ROLE IN est-performing high school. By 1992, the num- beneficiaries that matches the cost-of-living in- THE ANCOR 2008 GOVERNMENTAL ber of Davis graduates entering college had crease rates of Social Security beneficiaries. ACTIVITIES SEMINAR more than quadrupled. Still, Mr. Ketelsen was The increase would take effect December 1, not satisfied because high school graduation 2008. HON. LEE TERRY I am pleased that this Congress has kept its rates and college matriculation rates continued OF NEBRASKA promises to America’s veterans. Last year, we to fall short of his expectations. He knew, IN THE HOUSE OF REPRESENTATIVES given the right investments and the right com- passed the largest single funding increase in mitment, that Davis students—and all students the history of the VA, and I am hopeful that Thursday, September 11, 2008 from economically disadvantaged commu- we will continue to increase funding for key Mr. TERRY. Madam Speaker, I rise today to nities—were capable of much more. As Mr. VA programs over the coming year. In the recognize all the good people at Mosaic, who Ketelsen is inclined to insist, ‘‘It’s not the meantime, it is necessary for us to meet some have come to Washington, D.C. to take part in kids!’’ Armed with that belief, Mr. Ketelsen has other basic challenges facing our veterans, the American Network of Community Options dedicated the last two decades to making an and the bill before us addresses one of those and Resources, ANCOR, 2008 Governmental enormous difference for America’s highest challenges. Activities Seminar. needs students. Many veterans live on fixed incomes, and Mosaic, a disability advocacy organization I have been a longtime supporter of Project thus have been very hard hit by recent in- based in my Congressional district, has a long GRAD in Congress and was pleased to be creases in prices for food, gasoline, and other history of providing direct support and services able to get a provision into the recently-en- essentials. By passing this COLA, we will give to individuals with disabilities of all ages. It acted Higher Education Opportunity Act to ex- veterans across America the additional finan- employs more than 5,000 employees nation- pand Project GRAD so that more low-income cial assistance they need to care for them- ally who provide a range of supports 7 days and minority students can attend college and selves and their families. The Senate passed a week, 24-hours a day. In Omaha, Mosaic’s earn degrees. Today, Project GRAD has ex- this bill in July 2008. I urge my colleagues to highly skilled and committed workforce support panded to 13 communities and reaches more join me in supporting this bill, and I urge the more than 250 individuals, making Mosaic one than 120,000 students and families from Cali- President to sign it as soon as it reaches his of the largest providers in the metropolitan fornia to New York, Alaska to Georgia. In the desk. area. longest-served group of schools, GRAD schol- f Throughout this week, people from Mosaic, ars are completing college at a rate 92 per- HONORING MARK TEETERS OF along with the attendees at ANCOR’s events cent above the national average for students NAPA COUNTY, CALIFORNIA are meeting with their Congressional offices to from similar demographic backgrounds. A sta- raise awareness about the need for an ade- tistically significant sample of GRAD scholar- quately paid, trained and dedicated workforce. ship recipients who have completed college HON. MIKE THOMPSON Most direct support professionals are women OF CALIFORNIA shows that the proportion who graduated with with families working 40-hour work weeks at IN THE HOUSE OF REPRESENTATIVES majors in science, technology, engineering, an average of $9.47 an hour. That amounts to and mathematics—concentrations of dire need Thursday, September 11, 2008 an annual salary of $18,182, a figure below for the national economy and national secu- Mr. THOMPSON of California. Madam the $21,200 poverty level for a family of four. rity—exceeded the national average for minor- Speaker, I rise today to pay tribute to Mark Low wages have been a prime obstacle in ity students by 71 percent. In the coming aca- Teeters, who is being honored as the Napa maintaining a qualified workforce. Unlike other demic year, more than 7,500 students will be County 2009 Teacher of the Year. sectors of the private market, the formal long- in college, funded by a Project GRAD scholar- Mr. Teeters is entering his ninth year as Di- term supports system is almost entirely de- ship. GRAD has already sent high school rector of Choral Activities at Vintage High pendent upon public financing—particularly graduates to more than 100 institutions of School in Napa. He also serves as chair of the Medicaid funding. higher education, including many of the most Vintage High Visual and Performing Arts De- Demand for direct support professionals highly selective colleges and universities in the partment. continues to grow and is estimated to increase Nation. At the beginning of high school, many Under his leadership, the Vintage High by about 38 percent over the next 12 years. Project GRAD students would never have School choir has ascended to elite status, win- We must ensure that qualified and reliable dreamed of attending Harvard, Yale, MIT, Cor- ning gold medals at competitions around the people are recruited as caregivers so that they nell, Emory, Georgetown, Rice, Texas, Vir- world. They are a fixture at community events in turn can help individuals with disabilities ginia, or Amherst, yet because of Mr. and contribute greatly to the cultural and artis- participate and contribute to their communities. Ketelsen’s vision, determination, and remark- tic vitality of the Napa Valley. During the past Madam Speaker, there is no better way to able leadership, Project GRAD has altogether 4 years, they have performed two extremely recognize this workforce’s contribution to the altered those expectations. well-received musicals: Les Miserables and Nation than to ensure that these dedicated di- I am honored to know James Ketelsen per- Miss Saigon. rect support professionals are fairly com- sonally and I am grateful for the tenacity and As a lifelong Napan, Mr. Teeters not only pensated. I urge my colleagues to join with me passion with which he has served America’s uses his considerable talents to serve his stu- in cosponsoring the bipartisan Direct Support children and families. I ask my colleagues to dents, but the community at large as well. He Professionals Fairness and Security Act, H.R. join me in expressing the gratitude of the U.S. serves as Music Director at Covenant Pres- 1279. Congress for the extensive contributions to byterian Church in Napa and co-conducts the f education and our society that he made during Napa Valley Chorale, a local community choir. his lifetime. A great teacher can have an impact on a REMEMBER THOSE KILLED ON SEPTEMBER 11, 2001 f young person that lasts forever. All of us can remember a teacher that has had a profound VETERANS’ COMPENSATION COST- influence on our lives. Mr. Teeters has had HON. JOHN L. MICA OF-LIVING ADJUSTMENT ACT OF this impact on hundreds of his students and is OF FLORIDA 2008 a sterling example of the best his profession IN THE HOUSE OF REPRESENTATIVES has to offer. Under the constant specter of SPEECH OF budget cuts to art and music programs, Mr. Thursday, September 11, 2008 HON. RUSH D. HOLT Teeters works tirelessly to ensure music edu- Mr. MICA. Madam Speaker, As our Nation OF NEW JERSEY cation continues to play an important role in reflects upon the day of the terrorist attacks 7 IN THE HOUSE OF REPRESENTATIVES the life of his students. years ago this week, I cannot forget my Madam Speaker and colleagues, it is my friends who were killed by terrorists that day. Wednesday, September 10, 2008 distinct pleasure to recognize Mark Teeters for Some 7 weeks before September 11, 2001, Mr. HOLT. Mr. Speaker, I am pleased that the leadership, guidance and inspiration he I spent several days in New York City with the House is considering today S. 2617, the has provided to hundreds of young people Neal Levin, executive director of the Port Au- Veterans’ Compensation Cost-of-Living Adjust- throughout his career. I join the entire commu- thority New York and New Jersey. I met Neal ment (COLA) Act of 2008. If enacted, this bill nity in thanking him for his service and wishing when he was the legislative director to Sen- would require the Secretary of Veterans Af- him continued success. ator Al D’Amato of New York and when I was

VerDate Aug 31 2005 06:44 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.043 E11SEPT1 jbell on PROD1PC69 with REMARKS E1778 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2008 chief of staff to Senator Paula Hawkins of HISTORICAL SOCIETY OF WHIT- HONORING THE LIFE OF MR. Florida. In early 2001, he became director of PAIN—FRANKLINVILLE ONE- CHARLES A. SARDO, SR. the Port Authority, just as I became chairman ROOM SCHOOLHOUSE 150TH ANNI- of the U.S. House Aviation Subcommittee in VERSARY Congress. HON. JIM GERLACH With New York area airports under his au- OF PENNSYLVANIA thority, he called on me as an old friend to HON. ALLYSON Y. SCHWARTZ IN THE HOUSE OF REPRESENTATIVES come to New York, review the air congestion problem and conduct a hearing on the matter. OF PENNSYLVANIA Thursday, September 11, 2008 I obliged my friend Neal and after visiting John IN THE HOUSE OF REPRESENTATIVES F. Kennedy International, Newark Liberty Inter- Mr. GERLACH. Madam Speaker, I rise national and LaGuardia Airports, held a hear- Thursday, September 11, 2008 today to remember the life of Charles A. ing in the Port Authority Hearing Room in the Sardo, Sr., a Southeastern Pennsylvania resi- Ms. SCHWARTZ. Madam Speaker, I come dent who dedicated himself to proudly serving World Trade Center. After the hearing, Neal before you today to congratulate the Historical hosted me and several other guests in the his community, country, church and family. Society of Whitpain on the 150th anniversary Port Authority’s Dining Room adjacent to the Before his passing on January 21, 2008, Mr. of the Franklinville School. The Franklinville Windows of the World Restaurant at the top of Sardo served his community for 22 years as School, a one room schoolhouse, was origi- the World Trade Center. It was in that same chairman of the Planning Board and Zoning nally constructed in 1858 to serve the small room where I left Neal and the others who as- Hearing Board in Lower Providence Township, area of Franklinville and served in that capac- sisted me that they all met their deaths on Montgomery County. His service also included ity until 1916. After its closure, Ralph Beaver Tuesday, September 11th. holding the posts of Building Inspector, Zoning Straussburger, a Naval Academy Graduate On the morning of September 11, 2001, Officer, Road Master, and Township Manager and aide to President Theodore Roosevelt, Secretary of Defense Donald Rumsfeld invited in Worcester Township, Montgomery County. purchased the schoolhouse as part of a small me and several other Members of Congress to His most recent post was Borough Manager in estate when he married into the Singer family, a breakfast meeting at the Pentagon. Our dis- Trappe, Montgomery County. During his 22- of the Singer Sewing Machine Company. cussion that day was how to rebuild our Na- month tenure, Mr. Sardo secured grants tion’s military capability that had been Mr. Straussburger modeled his estate after through the Kaboom program, which financed downsized under the outgoing Clinton Admin- a French manor house and named it Nor- the construction of a playground at Water- istration. Specific to the conversation was how mandy Farms. The Franklinville School was works Park. This playground will always stand our stretched and limited military could muster an integral part of Straussburger’s estate, as a symbol to Mr. Sardo’s tireless commit- the resources to deal with a future engage- serving as a school not only for ment to the communities that he served. ment. Straussburger’s children but also for the chil- In addition to giving his all to enhance com- As the meeting concluded near 9 a.m., I dren of the employees of the estate. was speaking with the Defense Secretary at munities, Mr. Sardo answered the call to serve the end of the conference table as word of the In the following years, the schoolhouse was his country as a Marine. It was during that first plane to hit the World Trade Center abandoned and fell into a state of dilapidation service that an injury led to his honorable dis- reached us. Then we were told of the second and disrepair. In 1983, The Historical Society charge. attack. While the Secretary stepped into his of Whitpain was founded for the purpose of re- While public service demanded a large por- adjacent office, I conferred with several of his storing the old schoolhouse. Over the next 14 tion of his time, Mr. Sardo always had time to top aides about the situation. Missing my ride years, volunteers tirelessly worked to raise faithfully serve his church. He was an active back to Capitol Hill, I sought a ride to the money to restore the schoolhouse and in member of Visitation of the Blessed Virgin House Office Building and arrived just as the 1997, the Historical Society gained title to the Mary for 35 years where he attended mass plane hit the Pentagon. Franklinville School. and hosted an annual roast beef dinner for his Killed in the Pentagon, where I had de- The Society has worked tirelessly to finish congregation. As a member of the Knights of parted just minutes before, was Terry Lynch the restoration of the schoolhouse, including Columbus, he was recognized for great lead- who worked as a U.S. Senate staffer for Ala- replacing the building’s unsafe flooring. Prior ership as Knight of the Year and as Grand bama Senator RICHARD SHELBY. Terry and I to the completion of the restoration, the Soci- Knight for the Pope John Paul I Council. were friends from our U.S. Senate staff days. ety commissioned an archeological dig and re- Mr. Sardo’s devotion to his family was about On Flight 93, was Barbara Olsen who worked covered a number of artifacts that exemplify the only thing that surpassed his long list of with me on the House Government Reform America of the 1850’s, including medicine bot- good works in his public life. He was a proud Committee. She was a brilliant and most ca- tles, inkwells and an 1876 Liberty Head quar- pable professional and a dear friend who was father who was always involved in his chil- ter. killed by fanatic terrorists. dren’s activities, including Little League Base- While 7 years have passed, I can never for- Madam Speaker, once again I congratulate ball and Cub Scouts. He was a faithful and get these friends or the manner in which they the members of the Historical Society of conscientious father, grandfather, and hus- were taken from us and their families. As Whitpain on their tireless efforts to reclaim and band. Americans, we are blessed with a life most of restore the history that has made our country Madam Speaker, I ask that my colleagues the world can only dream about. While we go what it is today. It is through such efforts that join me today in honoring the life of Mr. about our lives, we should not and can not we can hope to learn more about our Nation’s Charles A. Sardo who was a shining example ever forget those taken from us on September past and ensure that our extraordinary history of what all of us strive to be, a dedicated cit- 11th. is accessible to future generations. izen and loving family man.

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HIGHLIGHTS Senate passed S. 3406, Americans with Disabilities Act Amendments Act. Senate S. 3296, to extend the authority of the United Chamber Action States Supreme Court Police to protect court officials Routine Proceedings, pages S8329–S8455 off the Supreme Court Grounds and change the title Measures Introduced: Fourteen bills and two reso- of the Administrative Assistant to the Chief Justice. lutions were introduced, as follows: S. 3469–3482, Page S8375 and S. Res. 655–656. Page S8383 Measures Passed: Measures Reported: ADA Amendments Act: Senate passed S. 3406, to S. 381, to establish a fact-finding Commission to restore the intent and protections of the Americans extend the study of a prior Commission to inves- with Disabilities Act of 1990. Pages S8342–56 tigate and determine facts and circumstances sur- September 11 Terrorist Attacks Against the rounding the relocation, internment, and deportation United States of America: Senate agreed to S. Res. to Axis countries of Latin Americans of Japanese de- 656, expressing the sense of the Senate regarding the scent from December 1941 through February 1948, terrorist attacks committed against the United States and the impact of those actions by the United States, of America on September 11, 2001. Page S8455 and to recommend appropriate remedies. (S. Rept. No. 110–452) Measures Indefinitely Postponed: S. 2382, to require the Administrator of the Fed- U.S. and Russian Federation Nuclear Coopera- eral Emergency Management Agency to quickly and tion: Senate indefinitely postponed S.J. Res. 42, re- fairly address the abundance of surplus manufactured lating to the approval of the proposed agreement for housing units stored by the Federal Government nuclear cooperation between the United States and around the country at taxpayer expense, with an the Russian Federation. Pages S8454–55 amendment in the nature of a substitute. (S. Rept. Measures Considered: No. 110–453) National Defense Authorization Act: Senate S. 3328, to amend the Homeland Security Act of continued consideration of S. 3001, to authorize ap- 2002 to provide for a one-year extension of other propriations for fiscal year 2009 for military activi- transaction authority. (S. Rept. No. 110–454) ties of the Department of Defense, for military con- H.R. 3068, to prohibit the award of contracts to struction, and for defense activities of the Depart- provide guard services under the contract security ment of Energy, to prescribe military personnel guard program of the Federal Protective Service to strengths for such fiscal year, taking action on the a business concern that is owned, controlled, or oper- following amendments proposed thereto: ated by an individual who has been convicted of a Pages S8333–34, S8339–42, S8361–64 felony, with an amendment in the nature of a sub- Pending: stitute. (S. Rept. No. 110–455) Reid Amendment No. 5290, to change the enact- S. 3013, to provide for retirement equity for Fed- ment date. Page S8333 eral employees in nonforeign areas outside the 48 Reid Amendment No. 5291 (to Amendment No. contiguous States and the District of Columbia, with 5290), of a perfecting nature. Page S8333 amendments. (S. Rept. No. 110–456) Motion to recommit the bill to the Committee on S. 2997, to reauthorize the Maritime Administra- Armed Services with instructions to report back tion, with amendments. (S. Rept. No. 110–457) forthwith, with Reid Amendment No. 5292 (to the D1069

VerDate Aug 31 2005 05:56 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE8.REC D11SEPT1 jbell on PROD1PC69 with DIGEST D1070 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 2008 instructions of the motion to recommit), to change Report to accompany Land-Based Sources Protocol the enactment date. Page S8333 to Cartagena Convention (Treaty Doc. 110–1) (Ex. Reid Amendment No. 5293 (to the instructions of Rept. 110–20); the motion to recommit to the bill), of a perfecting Report to accompany 1996 Protocol to Conven- nature. Page S8333 tion on Prevention of Marine Pollution by Dumping Reid Amendment No. 5294 (to Amendment No. of Wastes (Treaty Doc. 110–5) (Ex. Rept. 110–21); 5293), of a perfecting nature. Page S8333 Report to accompany CCW Protocol on Explosive A unanimous-consent agreement was reached pro- Remnants of War (Treaty Doc. 109–10(C)) (Ex. viding that the previous order with respect to a pro- Rept. 110–22); and hibition on motions to proceed remain in effect dur- Report to accompany International Convention for ing the session of the Senate on Thursday, September Suppression of Acts of Nuclear Terrorism (Treaty 11, 2008. Page S8333 Doc. 110–4) (Ex. Rept. 110–23). Pages S8375–83 A unanimous-consent agreement was reached pro- Messages from the House: Page S8373 viding for further consideration of the bill at ap- Measures Referred: Page S8373 proximately 9:30 a.m., on Friday, September 12, 2008, and that the order with respect to a prohibi- Enrolled Bills Presented: Page S8373 tion on motions to proceed remain in effect during Executive Communications: Pages S8373–75 the session of the Senate on Friday, September 12, Executive Reports of Committees: Page S8375 2008. Page S8455 Additional Cosponsors: Pages S8383–86 Message from the President: Senate received the Statements on Introduced Bills/Resolutions: following message from the President of the United States: Pages S8386–S8420 Transmitting, pursuant to law, the proposed Additional Statements: Pages S8370–72 Agreement for Cooperation Between the Government Amendments Submitted: Pages S8420–54 of the United States of America and the Government Notices of Hearings/Meetings: Page S8454 of India Concerning Peaceful Uses of Nuclear En- ergy, received during adjournment of the Senate on Authorities for Committees to Meet: Page S8454 September 10, 2008; which was referred to the Privileges of the Floor: Page S8454 Committee on Foreign Relations. (PM–63) Adjournment: Senate convened at 10:30 a.m. and Pages S8372–73 adjourned at 7 p.m., until 9:30 a.m. on Friday, Sep- Executive Reports of Committees: Senate received tember 12, 2008. (For Senate’s program, see the re- the following executive reports of a committee: marks of the Acting Majority Leader in today’s Report to accompany Treaty with Sweden on Mu- Record on page S8455.) tual Legal Assistance in Criminal Matters (Treaty Doc. 107–12) and Mutual Legal Assistance Agree- ment with the European Union (Treaty Doc. Committee Meetings 109–13) (Ex. Rept. 110–13); (Committees not listed did not meet) Report to accompany Treaty with Malaysia on Mutual Legal Assistance (Treaty Doc. 109–22) (Ex. BUSINESS MEETING Rept. 110–14); Committee on Energy and Natural Resources: Committee Report to accompany Protocol Amending 1980 ordered favorably reported the following: Tax Convention with Canada (Treaty Doc. 110–15) S. 390, to direct the exchange of certain land in (Ex. Rept. 110–15); Grand, San Juan, and Uintah Counties, Utah, with Report to accompany Tax Convention with Bul- an amendment in the nature of a substitute; garia with Proposed Protocol of Amendment (Treaty S. 1477, to authorize the Secretary of the Interior Doc. 110–18) (Ex. Rept. 110–16); to carry out the Jackson Gulch rehabilitation project Report to accompany Tax Convention with Ice- in the State of Colorado, with an amendment in the land (Treaty Doc. 110–17) (Ex. Rept. 110–17); nature of a substitute; Report to accompany 1995 Revision of Radio S. 1680, to provide for the inclusion of certain Regulations (Treaty Doc. 108–28) (Ex. Rept. non-Federal land in the Izembek National Wildlife 110–18); Refuge and the Alaska Peninsula National Wildlife Report to accompany International Convention on Refuge in the State of Alaska, and for other pur- Control of Harmful Anti-Fouling Systems on Ships, poses, with an amendment in the nature of a sub- 2001 (Treaty Doc. 110–13) (Ex. Rept. 110–19); stitute;

VerDate Aug 31 2005 05:56 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE8.REC D11SEPT1 jbell on PROD1PC69 with DIGEST September 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1071 S. 1756, to provide supplemental ex gratia com- Pueblos in the State of New Mexico and provide pensation to the Republic of the Marshall Islands for grants to, and enter into cooperative agreements impacts of the nuclear testing program of the United with, the Rio Grande Pueblos to repair, rehabilitate, States, with an amendment in the nature of a sub- or reconstruct existing infrastructure, with an stitute; amendment in the nature of a substitute; S. 1816, to authorize the Secretary of the Interior S. 2842, to require the Secretary of the Interior to to establish a commemorative trail in connection carry out annual inspections of canals, levees, tun- with the Women’s Rights National Historical Park nels, dikes, pumping plants, dams, and reservoirs to link properties that are historically and themati- under the jurisdiction of the Secretary, and for other cally associated with the struggle for women’s suf- purposes, with an amendment in the nature of a sub- frage, with an amendment in the nature of a sub- stitute; stitute; S. 2875, to authorize the Secretary of the Interior S. 2093, to amend the Wild and Scenic Rivers to provide grants to designated States and tribes to Act to designate a segment of the Missisquoi and carry out programs to reduce the risk of livestock Trout Rivers in the State of Vermont for study for potential addition to the National Wild and Scenic loss due to predation by gray wolves and other pred- Rivers System, with an amendment in the nature of ator species or to compensate landowners for live- a substitute; stock loss due to predation, with an amendment in S. 2156, to authorize and facilitate the improve- the nature of a substitute; ment of water management by the Bureau of Rec- S. 2943, to amend the National Trails System Act lamation, to require the Secretary of the Interior and to designate the Pacific Northwest National Scenic the Secretary of Energy to increase the acquisition Trail, with amendments; and analysis of water-related data to assess the long- S. 2974, to provide for the construction of the Ar- term availability of water resources for irrigation, hy- kansas Valley Conduit in the State of Colorado, with droelectric power, municipal, and environmental an amendment in the nature of a substitute; uses, with an amendment in the nature of a sub- S. 3010, to reauthorize the Route 66 Corridor stitute; Preservation Program; S. 2255, to amend the National Trails System Act S. 3011, to amend the Palo Alto Battlefield Na- to provide for studies of the Chisholm Trail and tional Historic Site Act of 1991 to expand the Great Western Trail to determine whether to add boundaries of the historic site, with an amendment the trails to the National Trails System, and for in the nature of a substitute; other purposes, with an amendment; S. 3017, to designate the Beaver Basin Wilderness S. 2354, to direct the Secretary of the Interior to at Pictured Rocks National Lakeshore in the State of convey 4 parcels of land from the Bureau of Land Michigan, with an amendment in the nature of a Management to the city of Twin Falls, Idaho, with substitute; amendments; S. 3045, to establish the Kenai Mountains- S. 2359, to establish the St. Augustine 450th Turnagain Arm National Forest Heritage Area in the Commemoration Commission, with an amendment State of Alaska, and for other purposes, with an in the nature of a substitute; amendment in the nature of a substitute; S. 2448, to amend the Surface Mining Control S. 3051, to authorize the Secretary of the Interior and Reclamation Act of 1977 to make certain tech- nical corrections; to study the suitability and feasibility of designating S. 2535, to revise the boundary of the Martin Van the site of the Battle of Camden in South Carolina, Buren National Historic Site, and for other purposes, as a unit of the National Park System, with an with amendments; amendment in the nature of a substitute; S. 2561, to require the Secretary of the Interior to S. 3065, to establish the Dominguez-Escalante conduct a theme study to identify sites and resources National Conservation Area and the Dominguez to commemorate and interpret the Cold War; Canyon Wilderness Area, with an amendment in the S. 2779, to amend the Surface Mining Control nature of a substitute; and Reclamation Act of 1977 to clarify that S. 3069, to designate certain land as wilderness in uncertified States and Indian tribes have the author- the State of California, and for other purposes, with ity to use certain payments for certain noncoal rec- an amendment in the nature of a substitute; lamation projects; S. 3085, to require the Secretary of the Interior to S. 2805, to direct the Secretary of the Interior, establish a cooperative watershed management pro- acting through the Commissioner of Reclamation, to gram, with an amendment in the nature of a sub- assess the irrigation infrastructure of the Rio Grande stitute;

VerDate Aug 31 2005 05:56 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE8.REC D11SEPT1 jbell on PROD1PC69 with DIGEST D1072 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 2008 S. 3088, to designate certain land in the State of demonstration and reclamation project, with an Oregon as wilderness, and for other purposes, with amendment in the nature of a substitute; an amendment in the nature of a substitute; H.R. 816, to provide for the release of certain S. 3089, to designate certain land in the State of land from the Sunrise Mountain Instant Study Area Oregon as wilderness, to provide for the exchange of in the State of Nevada and to grant a right-of-way certain Federal land and non-Federal land, with an across the released land for the construction and amendment in the nature of a substitute; maintenance of a flood control project, with amend- S. 3096, to amend the National Cave and Karst ments; Research Institute Act of 1998 to authorize appro- H.R. 838, to provide for the conveyance of the priations for the National Cave and Karst Research Bureau of Land Management parcels known as the Institute; White Acre and Gambel Oak properties and related S. 3158, to extend the authority for the Cape Cod real property to Park City, Utah, and for other pur- National Seashore Advisory Commission, with an poses, with an amendment; amendment; H.R. 903, to provide for a study of options for S. 3179, to authorize the conveyance of certain protecting the open space characteristics of certain public land in the State of New Mexico owned or lands in and adjacent to the Arapaho and Roosevelt leased by the Department of Energy, with an amend- National Forests in Colorado, with an amendment in ment; the nature of a substitute; S. 3189, to amend Public Law 106–392 to require H.R. 1139, to authorize the Secretary of the Inte- the Administrator of the Western Area Power Ad- rior to plan, design and construct facilities to pro- ministration and the Commissioner of Reclamation vide water for irrigation, municipal, domestic, and to maintain sufficient revenues in the Upper Colo- other uses from the Bunker Hill Groundwater Basin, rado River Basin Fund, with an amendment in the Santa Ana River, California, with an amendment in nature of a substitute; the nature of a substitute; S. 3226, to rename the Abraham Lincoln Birth- H.R. 1737, to amend the Reclamation Waste- place National Historic Site in the State of Kentucky water and Groundwater Study and Facilities Act to as the Abraham Lincoln Birthplace National Histor- authorize the Secretary of the Interior to participate ical Park, with an amendment; in the design, planning, and construction of perma- H.R. 29, to authorize the Secretary of the Interior nent facilities for the GREAT project to reclaim, to construct facilities to provide water for irrigation, reuse, and treat impaired waters in the area of municipal, domestic, military, and other uses from Oxnard, California; the Santa Margarita River, California, and for other purposes, with an amendment in the nature of a sub- H.R. 1803, to direct the Secretary of the Interior stitute; to conduct a feasibility study to design and construct H.R. 31, to amend the Reclamation Wastewater a four reservoir intertie system for the purposes of and Groundwater Study and Facilities Act to author- improving the water storage opportunities, water ize the Secretary of the Interior to participate in the supply reliability, and water yield of San Vicente, El Elsinore Valley Municipal Water District Wildomar Capitan, Murray, and Loveland Reservoirs in San Service Area Recycled Water Distribution Facilities Diego County, California in consultation and co- and Alberhill Wastewater Treatment and Reclama- operation with the City of San Diego and the Sweet- tion Facility Projects; water Authority; H.R. 236, to authorize the Secretary of the Inte- H.R. 2246, to provide for the release of any rever- rior to create a Bureau of Reclamation partnership sionary interest of the United States in and to cer- with the North Bay Water Reuse Authority and tain lands in Reno, Nevada; other regional partners to achieve objectives relating H.R. 2614, to amend the Reclamation Waste- to water supply, water quality, and environmental water and Groundwater Study and Facilities Act to restoration; authorize the Secretary of the Interior to participate H.R. 813, to amend the Reclamation Wastewater in certain water projects in California; and Groundwater Study and Facilities Act to author- H.R. 2632, to establish the Sabinoso Wilderness ize the Secretary of the Interior to participate in the Area in San Miguel County, New Mexico, with an Prado Basin Natural Treatment System Project, to amendment in the nature of a substitute; authorize the Secretary to carry out a program to as- H.R. 3022, to designate the John Krebs Wilder- sist agencies in projects to construct regional brine ness in the State of California, to add certain land lines in California, to authorize the Secretary to par- to the Sequoia-Kings Canyon National Park Wilder- ticipate in the Lower Chino Dairy Area desalination ness, with an amendment;

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H.R. 3323, to authorize the Secretary of the Inte- Highbridge Capital Management LLC, John Derosa, rior to convey a water distribution system to the Lehman Brothers Inc., Matt Berke, Morgan Stanley, Goleta Water District; and Andrea Leung, Deutsche Bank AG, all of New H.R. 3473, to provide for a land exchange with York, New York. the City of Bountiful, Utah, involving National For- est System land in the Wasatch-Cache National For- NOMINATIONS est and to further land ownership consolidation in Committee on Homeland Security and Governmental Af- that national forest, with an amendment in the na- fairs: Committee concluded a hearing to examine the ture of a substitute; nominations of Carol Waller Pope, of the District of H.R. 3490, to transfer administrative jurisdiction Columbia, who was introduced by Representative of certain Federal lands from the Bureau of Land Norton, and Thomas M. Beck, of Virginia, both to Management to the Bureau of Indian Affairs, to take be a Member of the Federal Labor Relations Author- such lands into trust for Tuolumne Band of Me- ity, after the nominees testified and answered ques- Wuk Indians of the Tuolumne Rancheria, with tions in their own behalf. amendments; H.R. 3682, to designate certain Federal lands in WATER BILLS Riverside County, California, as wilderness, to des- Committee on Indian Affairs: Committee concluded a ignate certain river segments in Riverside County as hearing to examine S. 3128, to direct the Secretary a wild, scenic, or recreational river, to adjust the of the Interior to provide a loan to the White Moun- boundary of the Santa Rosa and San Jacinto Moun- tain Apache Tribe for use in planning, engineering, tains National Monument, with amendments; and and designing a certain water system project, S. H.R. 5137, to ensure that hunting remains a pur- 3355, to authorize the Crow Tribe of Indians water pose of the New River Gorge National River. rights settlement, and S. 3381, to authorize the Sec- NOMINATIONS retary of the Interior, acting through the Commis- Committee on Foreign Relations: Committee concluded sioner of Reclamation, to develop water infrastruc- a hearing to examine the nominations of Brian H. ture in the Rio Grande Basin, and to approve the Hook, of Iowa, to be an Assistant Secretary of State settlement of the water rights claims of the Pueblos (International Organization Affairs), who was intro- of Nambe, Pojoaque, San Ildefonso, Tesuque, and duced by Senator Grassley, Gregori Lebedev, of Vir- Taos, after receiving testimony from Senators Kyl ginia, to be Alternate Representative of the United and Bingaman; Kris Polly, Deputy Assistant Sec- States of America to the Sessions of the General As- retary for Water and Science, and Michael Bogert, sembly of the United Nations, during his tenure of Chairman of the Working Group on Indian Water service as Representative of the United States of Settlements, both of the Department of the Interior; America to the United Nations for U.N. Manage- Chris D. Tweeten, Montana Office of the Attorney ment and Reform, and to be Representative of the General, Helena; Ronnie Lupe, White Mountain United States of America to the United Nations for Apache Tribe, Whiteriver, Arizona; John F. Sullivan, U.N. Management and Reform, with the rank of Salt River Project, Phoenix, Arizona; Cedric Black Ambassador, who was introduced by former Senator Eagle, Crow Nation, Crow Agency, Montana; Robb, and Matthew A. Reynolds, of Massachusetts, Charles J. Dorame, Northern Pueblos Tributary to be an Assistant Secretary of State (Legislative Af- Water Rights Association, Albuquerque, New Mex- fairs), who was introduced by Representative Dreier, ico; and Gilbert Suazo, Sr., Taos Pueblo, Taos, New after the nominees testified and answered questions Mexico. in their own behalf. BUSINESS MEETING DIVIDEND TAX ABUSE Committee on the Judiciary: Committee ordered favor- Committee on Homeland Security and Governmental Af- ably reported the following: fairs: Permanent Subcommittee on Investigations S. 2838, to amend chapter 1 of title 9 of United concluded a hearing to examine dividend tax abuse, States Code with respect to arbitration; focusing on ways that offshore entities avoid taxes on S. 3136, to encourage the entry of felony warrants United States stock dividends, after receiving testi- into the NCIC database by States and provide addi- mony from Douglas Shulman, Commissioner, Inter- tional resources for extradition, with an amendment; nal Revenue Service, Department of the Treasury; S. 1276, to establish a grant program to facilitate Reuven S. Avi-Yonah, University of Michigan Law the creation of methamphetamine precursor elec- School, Ann Arbor; Joseph Manogue, Maverick Cap- tronic logbook systems, with an amendment; ital, Limited, Dallas, Texas; and Gary I. Wolf, An- S. 3197, to amend title 11, United States Code, gelo, Gordon, and Company, Richard Potapchuk, to exempt for a limited period, from the application

VerDate Aug 31 2005 05:56 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE8.REC D11SEPT1 jbell on PROD1PC69 with DIGEST D1074 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 2008 of the means-test presumption of abuse under chap- training, after receiving testimony from Marian ter 7, qualifying members of reserve components of Sabety, Wyndstorm Corporation, and Robert A. the Armed Forces and members of the National Rapoza, Robert A. Rapoza Associates, both of Wash- Guard who, after September 11, 2001, are called to ington, D.C.; Don T. O’Bannon, Dallas/Fort Worth active duty or to perform a homeland defense activ- International Airport Business Diversity and Devel- ity for not less than 90 days, with an amendment; opment Department, DFW Airport, Texas, on behalf S. 3325, to enhance remedies for violations of in- of the Airport Minority Advisory Council; Margaret tellectual property laws, with amendments; Henningsen, Legacy Bank, , Wisconsin; S. 3296, to extend the authority of the United Jon S. Wainwright, National Economic Research As- States Supreme Court Police to protect court officials sociate, Austin, Texas; Thomas D. Boston, EuQuant, off the Supreme Court Grounds and change the title and Rodney K. Strong, Griffin and Strong, P.C., of the Administrative Assistant to the Chief Justice; both of Atlanta, Georgia; and Donald T. Wilson, S. 2052, to allow for certiorari review of certain Association of Small Business Development Centers, cases denied relief or review by the United States Burke, Virginia. Court of Appeals for the Armed Forces; H.R. 5235, to establish the Ronald Reagan Cen- AMERICAN LEGION tennial Commission, with an amendment; Committee on Veterans’ Affairs: Committee concluded a S. 3166, to amend the Immigration and Nation- joint hearing with the House Committee on Vet- ality Act to impose criminal penalties on individuals erans Affairs to examine the legislative presentation who assist aliens who have engaged in genocide, tor- of the American Legion, after receiving testimony ture, or extrajudicial killings to enter the United from David K. Rehbein, American Legion, Wash- States; and ington, D.C. The nominations of Jeffrey Leigh Sedgwick, of MEDICARE BENEFICIARIES OUTREACH Massachusetts, to be an Assistant Attorney General, and J. Patrick Rowan, of Maryland, to be an Assist- Special Committee on Aging: Committee concluded a ant Attorney General, both of the Department of hearing to examine 1–800–MEDICARE Information Justice, and William B. Carr, Jr., of Pennsylvania, to (1–800-633–4227), after receiving testimony from be a Member of the United States Sentencing Com- Kerry Weems, Acting Administrator, Centers for mission. Medicare and Medicaid Services, Department of Health and Human Services; Michealle Carpenter, BUSINESS START–UP HURDLES Medicare Rights Center, Washington, D.C.; Tatiana Committee on Small Business and Entrepreneurship: Com- Fassieux, California Health Advocates, Sacramento; mittee concluded a hearing to examine business John Hendrick, Coalition of Wisconsin Aging start-up hurdles in underserved communities, focus- Groups, Madison; Mac Curtis, Vangent, Arlington, ing on access to venture capital and entrepreneurship Virginia; and Naomi Sullivan, Chico, California. h House of Representatives H.R. 6177, to amend the Wild and Scenic Rivers Chamber Action Act to modify the boundary of the Rio Grande Wild Public Bills and Resolutions Introduced:— 19 and Scenic River, with an amendment (H. Rept. public bills, H.R. 6869–6887; 1 private bill, H.R. 110–838); 6888; and 9 resolutions, H. Con. Res. 410–412; and H.R. 5853, to expand the boundary of the Minute H. Res. 1425, 1427–1431 were introduced. Man National Historical Park in the Commonwealth Pages H8048–49 of Massachusetts to include Barrett’s Farm (H. Rept. Additional Cosponsors: Pages H8049–50 110–839); Reports Filed: Reports were filed today as follows: H.R. 5335, to amend the National Trails System Act to provide for the inclusion of new trail seg- H.R. 6357, to amend the Public Health Service ments, land components, and campgrounds associ- Act to promote the adoption of health information ated with the Trail of Tears National Historic Trail, technology, with an amendment (H. Rept. 110–837, with an amendment (H. Rept. 110–840); Pt. 1);

VerDate Aug 31 2005 05:56 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE8.REC D11SEPT1 jbell on PROD1PC69 with DIGEST September 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1075 H.R. 1847, to amend the National Trails System Daniel Webster Congressional Clerkship Act of Act to clarify Federal authority relating to land ac- 2008: H.R. 6475, to establish the Daniel Webster quisition from willing sellers for the majority of the Congressional Clerkship Program. Pages H8038–39 trails in the System, with an amendment (H. Rept. Suspensions: The House agreed to suspend the rules 110–841); and and pass the following measures: H.R. 6627, to authorize the Board of Regents of the Smithsonian Institution to carry out certain con- Expressing the sense of the House of Representa- struction projects (H. Rept. 110–842, Pt. 1). tives regarding the terrorist attacks launched against the United States on September 11, 2001: Page H8048 H. Res. 1420, to express the sense of the House of Speaker: Read a letter from the Speaker wherein she Representatives regarding the terrorist attacks appointed Representative Tauscher to act as Speaker launched against the United States on September 11, Pro Tempore for today. Page H8021 2001, by a 2/3 yea-and-nay vote of 402 yeas with Journal: The House agreed to the Speaker’s approval none voting ‘‘nay’’, Roll No. 586; and of the Journal by a recorded vote of 215 ayes to 190 Pages H8025–38, H8044–45 noes with 1 voting ‘‘present’’, Roll No. 585. Agreed by unanimous consent that debate on the Pages H8043–44 motion to suspend the rules and agree to H. Res. Recess: The House recessed at 11:29 a.m. and re- 1420 be extended by 20 minutes, equally divided and controlled. Page H8030 convened at 1:33 p.m. Page H8025 Committee Election: The House agreed to H. Res. Amending the Internal Revenue Code of 1986 to 1426, electing the following Member to serve on the restore the Highway Trust Fund balance: Agreed Committee on Standards of Official Conduct: Rep- to the Senate amendment to H.R. 6532, to amend the Internal Revenue Code of 1986 to restore the resentative Scott (VA). Page H8025 Highway Trust Fund balance, by a 2/3 yea-and-nay Order of Procedure: The House agreed by unani- vote of 376 yeas to 29 nays, Roll No. 587—clearing mous consent that the motions to suspend the rules the measure for the President. Pages H8039–43, H8045 relating to the following measures be considered as Meeting Hour: Agreed that when the House ad- adopted in the form considered by the House on journs today, it adjourn to meet at 12:30 p.m. on Tuesday, September 9th: Monday, September 15th for morning hour debate. Directing the Chief Administrative Officer of Page H8038 the House of Representatives to provide individuals Order of Procedure: The House agreed by unani- whose pay is disbursed by the Chief Administra- mous consent that the ordering of the yeas and nays tive Officer by electronic funds transfer with the be vacated with respect to the motions to suspend option of receiving receipts of pay and the rules and pass the following bills to the end that withholdings electronically: H. Res. 1207, amended, the motions be considered as adopted in the form to direct the Chief Administrative Officer of the considered by the House on Tuesday, September 9th: House of Representatives to provide individuals whose pay is disbursed by the Chief Administrative House Reservists Pay Adjustment Act of 2008: Officer by electronic funds transfer with the option H.R. 6608, to provide for the replacement of lost in- of receiving receipts of pay and withholdings elec- come for employees of the House of Representatives tronically; Page H8025 who are members of a reserve component of the armed forces who are on active duty for a period of Specialist Peter J. Navarro Post Office Building more than 30 days; and Pages H8038–39 Designation Act: H.R. 6169, to designate the facil- ity of the United States Postal Service located at Veterans’ Programs Extension and Construction 15455 Road in Ballwin, Missouri, as the Authorization Act of 2008: H.R. 6832, to authorize ‘‘Specialist Peter J. Navarro Post Office Building’’; major medical facility projects and major medical fa- Page H8025 cility leases for the Department of Veterans Affairs for fiscal year 2009 and to extend certain authorities Securities Act of 2008: H.R. 6513, amended, to of the Secretary of Veterans Affairs. Pages H8038–39 amend the Federal securities laws to enhance the ef- fectiveness of the Securities and Exchange Commis- Discharge Petition: Representative Cannon moved sion’s enforcement, corporation finance, trading and to discharge the Committee on Natural Resources markets, investment management, and examination and the Committee on Science and Technology from the consideration of H.R. 6211, to allow Americans programs; and Page H8025 the opportunity to see their vast oil shale and tar

VerDate Aug 31 2005 05:56 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE8.REC D11SEPT1 jbell on PROD1PC69 with DIGEST D1076 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 2008 sands resources on Federal lands developed by pro- TRAVEL PROMOTION ACT; CALL CENTER viding the President with the ability to determine CONSUMER’S RIGHT TO KNOW ACT the quickest and most responsible way to access oil Committee on Energy and Commerce: Subcommittee on shale resources (Discharge Petition No. 17). Commerce Trade, and Consumer Protections in Moment of Silence: The House observed a moment and Commerce held a hearing on Economic of silence in honor of the victims of the terrorist at- and Security Concerns in Tourism and Commerce, tacks on September 11, 2001. Page H8044 including the following bills: H.R. 3232, Travel Discharge Petition: Representative Pearce moved to Promotion Act of 2007; and H.R. 1776, Call Center discharge the Committee on Armed Services from Consumer’s Right to Know Act. Testimony was the consideration of H.R. 5868, to amend title 10, heard from Lois Greisman, Associate Director, Divi- United States Code, to provide for the retention of sion of Marketing Practices, Bureau of Consumer Protection; and public witnesses. members of the Armed Forces on active service or in an active status who would otherwise be retired or ELECTRIC GRID CYBER-SECURITY separated for a combat-related disability, but who are THREATS still medically able to perform noncombat-related Committee on Energy and Commerce: Subcommittee on military occupational specialties or duties (Discharge Energy and Air Quality held a hearing entitled Petition No. 18). ‘‘Protecting the Electric Grid From Cyber-Security Motion To Adjourn: Agreed to the Hoyer motion Threats.’’ Testimony was heard from Representative to adjourn by a yea-and-nay vote of 208 yeas to 190 Langevin; the following officials of the Department nays, Roll No. 588. Page H8046 of Energy: Kevin M. Kolevar, Assistant Secretary, Office of Electricity Delivery and Energy Reliability; Presidential Message: Read a message from the Joseph T. Kelliher, Chairman, FERC; and public President wherein he transmitted the proposed witnesses. Agreement for Cooperation Between the Government of the United States of America and the Government FAIR COPYRIGHT IN RESEARCH WORKS of India Concerning Peaceful Uses of Nuclear En- ACT ergy—referred to the Committee on Foreign Affairs Committee on the Judiciary: Subcommittee on Courts, and ordered printed (H. Doc. 110–146). the Internet, and Intellectual Property held a hearing Pages H8021–22 on H.R. 6945, Fair Copyright in Research Works Quorum Calls—Votes: Three yea-and-nay votes Act. Testimony was heard from Zerhouni, M.D., Di- and one recorded vote developed during the pro- rector, NIH, Department of Health and Human ceedings of today and appear on pages H8043–44, Services; and public witnesses. H8044, H8045, H8046. There were no quorum JUVENILE JUSTICE ACCOUNTABILITY AND calls. IMPROVEMENT ACT OF 2007 Adjournment: The House met at 11:00 a.m. and Committee on the Judiciary: Subcommittee on Crime, adjourned at 4:34 p.m. Terrorism, and Homeland Security held a hearing on H.R. 4300, Juvenile Justice Accountability and Im- provement Act of 2007. Testimony was heard from Committee Meetings public witnesses. MISCELLANEOUS MEASURES AGRICULTURE/ENERGY COMMODITY MARKETS Committee on Natural Resources: Subcommittee on Na- tional Parks, Forests and Public Lands held a hearing Committee on Agriculture: Held a hearing to review on the following bills: H.R. 3114, National dramatic movements in agriculture and energy com- Womens’s Rights History Project Act; H.R. 4162, modity markets. Testimony was heard from Walter San Bernardino Biomass Use Facilitation Act; H.R. Lukken, Acting Chairman, CFTC. 6156, Eastern Sierra and Northern San Gabriel Wild Heritage Act; H.R. 6233, To reinstate the Interim STRENGTHENING COMMUNITIES Management Strategy governing off-road vehicle use Committee on Education and Labor: Subcommittee on in the Cape Hatteras National Seashore, North Caro- Healthy Families and Communities held a hearing lina, pending the issuance of a final rule for off-road on Examining the Role of Museums and Libraries in vehicle use by the National Park Service; H.R. 6290, Strengthening Communities. Testimony was heard Lewis and Clark Mount Hood Wilderness Act of from Anne-Imelda M. Radice, Director, Institute of 2008; H.R. 6291, Oregon Treasures Act of 2008; Museum and Library Services; and public witnesses. H.R. 6470, River Basin National Battlefield Act;

VerDate Aug 31 2005 05:56 Sep 12, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE8.REC D11SEPT1 jbell on PROD1PC69 with DIGEST September 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1077 H.R. 6553, To clarify the authority of the Secretary GI BILL IMPLEMENTATION of Agriculture regarding additional recreational uses Committee on Veterans’ Affairs: Subcommittee on Eco- of National Forest System lands subject to ski area nomic Opportunity held an oversight hearing of GI permits; and H.R. 6628, Connell Lake Watershed Bill Implementation. Testimony was heard from Protection and Recreation Act. Testimony was heard Keith Pedigo, Associate Deputy Under Secretary, from Representatives Dingell, Lewis of California; Office of Policy and Program Management, Depart- Slaughter, McKeon, Blumenauer and Jones; David ment of Veterans Affairs. N. Wenk, Deputy Director, National Park Service, Department of the Interior; Joel Holtrop, Deputy MEDICARE PHYSICIAN PAYMENT REFORM Chief, National Forest System, Forest Service, De- Committee on Ways and Means: Subcommittee on partment of Agriculture; and public witnesses. Health held a hearing on reforming Medicare’s phy- HATCH ACT MODERNIZATION sician payment system. Testimony was heard from Committee on Oversight and Government Reform: Sub- public witnesses. committee on Federal Workforce, Postal Service and CHALLENGES FACING AMERICAN the District of Columbia held a hearing on H.R. WORKERS 4272, To amend chapter 15 of title 5, United States Code, to provide for an additional, limited exception Committee on Ways and Means: Subcommittee on In- to the provision prohibiting a State or local officer come Security and Family Support held a hearing on or employee from being a candidate for elective of- Challenges Facing American Workers. Testimony fice. Testimony was heard from Representative Stu- was heard from public witnesses. pak; Neil A.G. McPhie, Chairman, Merit Systems BRIEFING—HOT SPOTS; RUSSIA Protection Board; Anthony Guglielmi, Director, Permanent Select Committee on Intelligence: Subcommittee Congressional and Public Affairs, Office of Special on Terrorism, Human Intelligence, Analysis and Counter- Counsel; Jack Maskell, Legislative Attorney, Amer- intelligence met in executive session to receive a briefing ican Law Division, CRS, Library of Congress; and a on Hot Spots. The Subcommittee was briefed by depart- public witness. mental witnesses. Hearing on Russia, 11 a.m., H–405. NEXT GENERATION TRANSPORTATION The Subcommittee also met in executive session SYSTEM to hold a hearing on Russia. Testimony was heard from departmental witnesses. Committee on Science and Technology: Held a hearing on the Next Generation Air Transportation System: Sta- f tus and Issues. Testimony was heard from the fol- COMMITTEE MEETINGS FOR FRIDAY, lowing officials of the Department of Transportation: SEPTEMBER 12, 2008 Victoria Cox, Senior Vice President, NextGen and (Committee meetings are open unless otherwise indicated) Operations Planning, Air Traffic Operations, FAA; and Calvin L. Scovel, III, Inspector General; Gerald Senate L. Dillingham, Director, Physical Infrastructure No meetings/hearings scheduled. Issues, GAO; and public witnesses. House EXAMINING EXPIRING TAX INCENTIVES Committee on Transportation and Infrastructure, Sub- Committee on Small Business: Held a hearing on Exam- committee on Economic Development, Public Buildings, ining Expiring Tax Incentives and the Needs of and Emergency Management, hearing on the Role of the Small Businesses. Testimony was heard from public Federal Government in Small Business Disaster Recovery, witnesses. 10 a.m., 2167 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, September 12 12:30 p.m., Monday, September 15

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of S. 3001, National Defense Authorization Act.

Extensions of Remarks, as inserted in this issue

HOUSE Diaz-Balart, Mario, Fla., E1766 Mica, John L., Fla., E1765, E1766, E1777 Frank, Barney, Mass., E1772 Mitchell, Harry E., Ariz., E1764 Abercrombie, Neil, Hawaii, E1770 Franks, Trent, Ariz., E1771 Murphy, Christopher S., Conn., E1764 Alexander, Rodney, La., E1763 Gerlach, Jim, Pa., E1764, E1770, E1778 Nadler, Jerrold, N.Y., E1768 Allen, Thomas H., Maine, E1771 Gingrey, Phil, Ga., E1775 Reichert, David G., Wash., E1767, E1773 Altmire, Jason, Pa., E1765 Goodlatte, Bob, Va., E1767 Rogers, Mike, Ala., E1776 Bonner, Jo, Ala., E1766 Graves, Sam, Mo., E1764 Rush, Bobby L., Ill., E1763 Brady, Kevin, Tex., E1775 Higgins, Brian, N.Y., E1763 Ryan, Paul, Wisc., E1771 Brady, Robert A., Pa., E1773 Holt, Rush D., N.J., E1777 Schwartz, Allyson Y., Pa., E1765, E1778 Burgess, Michael C., Tex., E1776 Hoyer, Steny H., Md., E1774 Sessions, Pete, Tex., E1763 Butterfield, G.K., N.C., E1769 Kildee, Dale E., Mich., E1769 Terry, Lee, Nebr., E1777 Carnahan, Russ, Mo., E1772 Kingston, Jack, Ga., E1767 Thompson, Mike, Calif., E1777 Clarke, Yvette D., N.Y., E1769 Knollenberg, Joe, Mich., E1775 Towns, Edolphus, N.Y., E1765 Cohen, Steve, Tenn., E1774 Kucinich, Dennis J., Ohio, E1769 Van Hollen, Chris, Md., E1774, E1775 Conaway, K. Michael, Tex., E1766 Lee, Barbara, Calif., E1776 Welch, Peter, Vt., E1772 Conyers, John, Jr., Mich., E1768 McCarthy, Carolyn, N.Y., E1776 Weldon, Dave, Fla., E1773 Davis, Danny K., Ill., E1774 Maloney, Carolyn B., N.Y., E1772 Westmoreland, Lynn A., Mac, Ga., E1767 Delahunt, William D., Mass., E1768 Matsui, Doris O., Calif., E1767 Wilson, Joe, S.C., E1770

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