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

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

Vol. 154 WASHINGTON, TUESDAY, APRIL 29, 2008 No. 69 House of Representatives The House met at 12:30 p.m. and was staff will help her remember her own attaching a budget priority, and be called to order by the Speaker pro tem- words when this proposal was launched honest with the American public, not pore (Mr. LARSEN of Washington). by one of her opponents in 2000 when cheap political tricks that may sound f she was running for the United States good for a moment but will end up Senate, where Senator CLINTON pointed hurting us in the long run. DESIGNATION OF SPEAKER PRO out that it would be a ‘‘bad deal for TEMPORE New York and a potential bonanza for f The SPEAKER pro tempore laid be- the oil companies,’’ which is why she fore the House the following commu- opposed it back then. Her words were GAS PRICES nication from the Speaker: true in 2000 and they are true today. In fact, it’s even more important. The SPEAKER pro tempore. The WASHINGTON, DC, Chair recognizes the gentlewoman from April 29, 2008. First of all, there is absolutely no OXX I hereby appoint the Honorable RICK evidence that States that have sus- North Carolina (Ms. F ) for 5 min- LARSEN to act as Speaker pro tempore on pended the gas tax have ended up put- utes. this day. ting any more money in the pockets of Ms. FOXX. Thank you, Mr. Speaker. NANCY PELOSI, consumers. The research suggests that Gas prices have skyrocketed by more Speaker of the House of Representatives. it’s more likely that they have simply than 50 percent in the 15 months since f increased the amount of money that the new majority took control of Con- gress. Back in North Carolina, con- MORNING-HOUR DEBATE goes to the oil companies who are not reducing their prices to compensate for stituents of the Fifth District and over The SPEAKER pro tempore. Pursu- the reduction. At a time when the rest of the State are now paying ant to the order of the House of Janu- ExxonMobil’s profits set a new record $1.33 more per gallon for gas than when ary 4, 2007, the Chair will now recog- of $40.6 billion, we don’t have to give the Democrats took over. nize Members from lists submitted by them even more money at the expense Two years ago, Speaker PELOSI prom- the majority and minority leaders for of our infrastructure, because this pro- ised the American people a ‘‘common- morning-hour debate. posal comes at a time when for the sense’’ plan to lower gasoline prices. f first time in history the highway trust We’re still trying to figure out what fund is going into deficit. And this pro- that plan is. House Democrats have not FEDERAL GAS TAX HOLIDAY A posal would add more than $10 billion only failed to offer any meaningful so- BAD IDEA to that deficit, money that will not go lutions, they’ve pushed policies that The SPEAKER pro tempore. The to State and local governments to deal will have precisely the opposite effect. Chair recognizes the gentleman from with badly needed transportation infra- This $1.33 Pelosi premium is putting Oregon (Mr. BLUMENAUER) for 5 min- structure. It comes at a time when we tremendous pressure on the budgets of utes. recognize that our infrastructure is the hardworking people of North Caro- Mr. BLUMENAUER. Thank you, Mr. falling apart. The Society of Civil En- lina. As gas prices soar to $3.50 and be- Speaker. gineers has graded it D-minus, and yond, I pose this question: How much During this election season, we’ve they’re grading on a curve. will the Pelosi premium end up costing seen some pretty painful moments. It It would be far more logical and ef- average Americans? If this is part of has been embarrassing, for instance, to fective to help poor citizens and people the ‘‘commonsense plan’’ to lower gas watch the flip-flopping of Senator in rural districts that have to drive a prices, I’m afraid it isn’t working. MCCAIN on tax cuts that he is now for great deal directly as a part of the eco- Middle class families and their in- before he was against them. But there nomic stimulus, or a rebate that actu- creasingly tight budgets need relief, is no idea that is as bad as his most really gets into their hands, not to the not more broken promises. While cent suggestion that we just have a gas oil companies. It would make more House Democrats propose more of the tax holiday, to suspend the 18.4 cent sense to invest in renewable futures same—tax increases—House Repub- per gallon Federal gas tax from Memo- and green jobs, like not allowing the licans have offered real commonsense rial Day through Labor Day. production tax credit to expire at the solutions to reduce America’s depend- This is a really unfortunate sugges- end of the year, costing thousands of ence on foreign sources of energy, tion. It’s unfortunate to me that Sen- jobs in the wind energy business. lower gas prices here at home, and in- ator CLINTON appears to be embracing It makes sense to rebuild and renew vest in all forms of energy to create it. I would hope that Senator CLINTON’s America with a vision for the future, American jobs and grow our economy.

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

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VerDate Aug 31 2005 23:34 Apr 29, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.000 H29APPT1 smartinez on PROD1PC64 with HOUSE H2766 CONGRESSIONAL RECORD — HOUSE April 29, 2008 U.S. CASUALTIES IN IRAQ with pictures and the names of service Staff Sgt. Christopher J. Vanderhorn, 37 1st Lt. Jaime L. Campbell, 25 The SPEAKER pro tempore. The men and women who have died in Iraq. Outside my office, there are three Sgt. Charles E. Matheny IV, 23 Chair recognizes the gentleman from Staff Sgt. Abraham Twitchell, 28 Washington (Mr. MCDERMOTT) for 5 boards with the photographs of 94 sol- Spc. Eric D. King, 28 minutes. diers from the State of Washington 1st Lt. Forrest Ewens, 25 Mr. MCDERMOTT. Mr. Speaker, we who have fallen in Iraq. Brave fallen Pfc. Devon J. Gibbons, 28 owe a debt of gratitude to Dana heroes, including: Sgt. Justin D. Norton, 21 Milbank at the Washington Post and to Specialist Christopher W. Dickison, Pfc. Jason Hanson, 21 Staff Sgt. Tracy L. Melvin, 31 Hal Bernton at one of my hometown Major William G. Hall, Lance Corporal Daniel Chavez, Spc. David J. Ramsey, 27 newspapers, The Seattle Times. These Master Sgt. Robb G. Needham, 51 two journalists, writing almost exactly 1st Lieutenant Michael R. Adams, Sgt. Velton Locklear III, 29 4 years apart, have pierced the veil of Specialist Joshua M. Boyd, Staff Sgt. Ronald L. Paulsen, 53 secrecy this administration shamefully Staff Sergeant Tracy L. Melvin, Sgt. Lucas T. White, 28 uses to hide the painful images of U.S. Sergeant 1st Class Steven M. Spc. Jordan W. Hess, 26 casualties in Iraq and the touching and Langmack, all from Seattle. Maj. Megan M. McClung, 34 patriotic farewells by loved ones. I will enter into the RECORD the Web Cpl. Jeremiah J. Johnson, 23 address where you can see the faces Spc. James D. Riekena, 22 On Sunday, April 18, 2004, Bernton Cpl. Darrel J. Morris, 21 wrote a story called: The Somber Task and the names of the fallen from every Maj. Alan R. Johnson, 44 of Honoring the Fallen. This poignant State: Sgt. Mickel D. Garrigus, 24 story included the first newspaper pic- http://projects.washingtonpost.com/ Lance Cpl. Adam Q. Emul, 19 tures of caskets being loaded into a fallen/search/ Sgt. Corey J. Aultz, 31 military airplane. The story, which I Instead of helping to provide closure Sgt. Travis. D. Pfister, 27 Spc. Ryan M. Bell, 21 will enter into the RECORD, set off a to these wounded families, the Presi- dent’s surrogates are deepening the Spc. Joshua M. Boyd firestorm, because the administration Staff Sgt. Casey D. Combs, 28 did not want anyone to see the grim re- wounds for these families. They only Staff Sgt. Coby G. Schwab, 25 ality of war—rows of flag-draped cof- want to share their grief and the pride Spc. Kelly B. Grothe, 21 fins inside a military plane to begin in their loved ones. Who wouldn’t be Pfc. Jerome J. Potter, 24 the last homecoming. And the civilian proud of Billy Hall? They want to share Sgt. Dariek E. Dehn, 32 contractor who took the pictures was that with us. Cpl. Llythaniele Fender, 21 Today, in full view, let us honor the Pfc. Casey S. Carriker, 20 fired for sharing them with the media. Chief Warrant Officer Scott A.M. Oswell, 33 They were published at a time when ultimate sacrifice made by Lieutenant Lance Cpl. Shawn V. Starkovich, 20 the administration was doing every- Colonel Billy Hall and the fallen sol- Pvt. Michael A. Bologa, 21 thing to make people believe in its diers from Washington and across this Cpl. Jason M. Kessler, 29 May 1, 2003, Mission Accomplished ban- country. Sgt. Bryce D. Howard, 24 ner. MOMENT OF SILENCE Spc. Matthew J. Emerson, 20 The administration continues to spin Spc. Vincent G. Kamka, 23 I ask for a moment of silence in Lance Cpl. Jeremy W. Burris, 22 the message from that phony PR event. honor of the following: Sgt. 1st Class Johnny C. Walls, 41 To do that, the administration con- Sgt. Nathan P. Hayes, 21 Cpl. Christopher J. Nelson, 22 tinues to hide the grim reality of the Staff Sgt. Juan M. Ridout, 29 Sgt. Phillip R. Anderson, 28 Iraq war. Last Thursday, Milbank Lance Cpl. Cedric E. Bruns, 22 Lance Cpl. Dustin L. Canham, 21 wrote a story in the Washington Post Spc. Justin W. Hebert, 20 Spc. Durrell L. Bennett, 22 called: What the Family Would Let Pfc. Kerry D. Scott, 21 Lt. Col. William G. Hall, 38 You See, the Pentagon Obstructs. Al- Spc. John P. Johnson, 24 2nd Lt. Benjamin J. Colgan, 30 [From the Seattle Times, Apr. 18, 2004] most 4 years later after The Seattle Spc. Robert Benson, 20 THE SOMBER TASK OF HONORING THE FALLEN Times story, the American people are Sgt. Jay A. Blessing, 23 (By Hal Bernton) still denied access to the truth. Spc. Nathan W. Nakis, 19 Behind me is a photograph of Lieu- Sgt. Curt E. Jordan, Jr., 25 The aluminum boxes, in ordered rows, are tenant Colonel Billy Hall from the Post Staff Sgt. Christopher Bunda, 29 bound by clean white straps on freshly story. Let me read an excerpt from 1st Lt. Michael R. Adams, 24 scrubbed pallets. American flags are draped evenly over the boxes. Uniformed honor that story: Spc. Jacob R. Herring, 21 Spc. Jeffrey R. Shaver, 26 guards form on either side of the pallets as ‘‘The family of 38-year-old Hall, who they move from the tarmac to the entryways leaves behind two young daughters and Pfc. Cody S. Calavan, 19 Lance Cpl. Dustin L. Sides, 22 of the cargo planes. There are prayers, sa- two stepsons, gave their permission for Staff Sgt. Marvin Best, 33 lutes and hands on hearts. Then the caskets the media to cover his Arlington bur- Spc. Jeremiah Schmunk, 21 are carefully placed in cargo holds for a ial—a decision many grieving families Capt. Gergory A. Ratzlaff, 36 flight to Germany. make so that the nation will learn Sgt. Yadir Reynoso, 27 In recent weeks, military and civilian con- about their loved ones’ sacrifice. But Lance Cpl. Kane M. Funke, 20 tract crews have loaded scores of these cas- the military had other ideas, and they Lance Cpl. Caleb J. Powers, 21 kets onto planes departing the U.S. military area of Kuwait International Airport, south arranged the marine’s burial yesterday Sgt. Jason Cook, 25 Sgt. Jacob H. Demand, 29 of Kuwait City. And the rituals are repeated so that no sound, and few images, Cpl. Steven Rintamaki, 29 over and over again. would make it into the public domain.’’ Staff Sgt. Michael Lee Burbank, 34 ‘‘The way everyone salutes with such emo- They don’t want you to see the faces Spc. Jonathan J. Santos, 22 tion and intensity and respect. The families of our fallen heroes, and in my view Staff Sgt. David G. Ries, 29 would be proud to see their sons and daugh- that’s outrageous. Lieutenant Colonel Lance Cpl. Nathan R. Wood, 19 ters saluted like that,’’ says Tami Silicio, a Hall is the highest ranking military of- Spc. Blain M. Ebert, 22 contract employee from the Seattle area ficer to fall in Iraq. He went to Garfield Spc. Harley D. R. Miller, 21 who works the night shift at the cargo ter- High School in Seattle. He deserves to Pfc. Andrew M. Ward, 25 minal. Staff Sgt. Kyle A. Eggers, 27 For U.S. troops, April has been the worst be buried according to the wishes of his Pfc. Curtis L. Wooten III, 20 month of this war, with at least 94 service family, not hidden from view, because Chief Warrant Officer Clint J. Prather, 46 members killed by hostile fire. the people running this war only want Maj. Steve Thornton, 46 ‘‘So far this month, almost every night we you to see the images that proclaim Cpl. Jeffrey B. Starr, 22 send them home,’’ Silicio said. ‘‘... It’s Mission Accomplished. I will not ac- Staff Sgt. Casey J. Crate, 26 tough. Very tough.’’ cept this disrespect for our soldiers and Sgt. 1st Class Steven Langmack, 33 The remains arrive at the Kuwait airport their families, or the outright distor- Lance Cpl. Daniel Chaves, 20 accompanied by a soldier, sometimes a com- Spc. Christopher W. Dickison, 26 rade from the same unit. On one occasion, tion of the truth about the war. To Lance Cpl. Shane C. Swanberg, 24 the comrade was also the victim’s father. honor our fallen heroes, I and many of Sgt. 1st Class Lawrence Morrison, 45 Another time, the comrade was the wife. my colleagues here in Washington have Staff Sgt. Travis W. Nixon, 24 Silicio knows what it is like to lose a easels outside our congressional offices Cpl. Joseph P. Bier, 22 child. The mother of three sons suffered the

VerDate Aug 31 2005 03:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.004 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2767 death of her oldest to a brain tumor when he The family of 38-year-old Hall, who leaves device. He was taken into surgery, but he was 19. ‘‘It kind of helps me to know what behind two young daughters and two step- died from his injuries. The Marines awarded these mothers are going through, and I try sons, gave their permission for the media to him a posthumous promotion from major to to watch over their children as they head cover his Arlington burial—a decision many lieutenant colonel. home,’’ she said in an interview conducted grieving families make so that the nation Newspapers in Seattle, where Hall had by telephone and e-mail. will learn about their loved ones’ sacrifice. lived, printed an e-mail the fallen fighter Silicio, who grew up in Seattle and Ed- But the military had other ideas, and they had sent his family two days before his monds, is used to hard work. After a decade arranged the Marine’s burial yesterday so death. of events-decorating work in the Seattle that no sound, and few images, would make ‘‘I am sure the first question in each of area, she went to war-torn Kosovo, where she it into the public domain. your minds is my safety, and I am happy to worked on the transportation crew for a con- That’s a shame, because Hall’s story is a tell you that I’m safe and doing well,’’ he tractor during the NATO peacekeeping mis- moving reminder that the war in Iraq, for- wrote, giving his family a hopeful picture of sion in 1999. gotten by much of the nation, remains real events in Iraq. ‘‘I know most of what you ‘‘Nothing scares her,’’ said Silicio’s moth- and present for some. Among those unlikely hear on the news about Iraq is not usually er, Leona Silicio. to forget the war: 6-year-old Gladys and 3- good news and that so many are dying over Tami Silicio first went to work at the Ku- year-old Tatianna. The rest of the nation, if here,’’ the e-mail said. ‘‘That is true to an wait airport in March 2003, before the start it remembers Hall at all, will remember him extent but it does not paint the total pic- of the war. She then returned home but as the 4,011th American service member to ture, and violence is not everywhere found it tough to get a job in an economy die in Iraq, give or take, and the 419th to be throughout the country. So please don’t as- still sour from the recession. So by last Oc- buried at Arlington. Gladys and Tatianna sociate what you see on the news with all of tober, she was back in Kuwait and her air- will remember him as Dad. Iraq. ‘‘Love you and miss you,’’ he wrote. port job for a contractor that works with the The two girls were there in Section 60 yes- ‘‘I’ll write again soon.’’ military to coordinate and process airport terday beside grave 8,672—or at least it ap- Except, of course, that he didn’t. And yes- cargo. peared that they were from a distance. Jour- terday, his family walked slowly behind the The crews help move thousands of tons of nalists were held 50 yards from the service, horse-drawn caisson to section 60. In the supplies onto the Iraq-bound flights that separated from the mourning party by six or front row of mourners, one young girl support the U.S. military forces. Much of seven rows of graves, and staring into the trudged along, clinging to a grown-up’s hand; Silicio’s job is handling paperwork to track sun and penned in by a yellow rope. Photog- another child found a ride on an adult’s the cargo. But she also might drive equip- raphers and reporters pleaded with Arlington shoulders. ment to help load cargo, or make a quick run officials. It was a moving scene—and one the Pen- to a Kentucky Fried Chicken outlet to se- ‘‘There will be a yellow rope in the face of tagon shouldn’t try to hide from the Amer- cure a few savory buckets to offer a soldier the next of kin,’’ protested one photographer ican public. just in from Iraq. with a large telephoto lens. f Around Christmas, she helped handle a ‘‘This is the best shot you’re going to get,’’ rash of incoming cargo from the United a man from the cemetery replied. REAL HEALTH CARE SOLUTIONS States—candy, shaving cream, razors, baby ‘‘We’re not going to be able to hear a FOR AMERICAN FAMILIES wipes and other items in care packages head- thing,’’ a reporter argued. The SPEAKER pro tempore. The ‘‘Mm-hmm,’’ an Arlington official an- ed to Iraq.‘‘Thank God, no fruitcakes,’’ she Chair recognizes the gentleman from e-mailed her mother. ‘‘The soldiers would swered. Louisiana (Mr. BOUSTANY) for 5 min- just give it to the Iraqis, anyway.’’ The distance made it impossible to hear Just after Christmas, there was a mara- the words of Chaplain Ron Nordan, who, an utes. thon of work as medical supplies to aid Ira- official news release said, was leading the Mr. BOUSTANY. Thank you, Mr. nian earthquake victims moved through Ku- service. Even a reporter who stood surrep- Speaker. wait. titiously just behind the mourners could Mr. Speaker, Americans remain frus- And now, the crews are helping to coordi- make out only the familiar strains of the trated with the cost of health care. As nate the departures of dozens of U.S. civilian Lord’s Prayer. Whatever Chaplain Nordan costs rise, fears grow that they’ll lose contractors who, with the recent violence had to say about Hall’s valor and sacrifice were lost to the drone of airplanes leaving coverage and even fall into bank- and kidnappings, no longer want to risk ruptcy. Americans face this anxiety being in the region. National Airport. More time also is devoted to the dead. The It had the feel of a throwback to Donald every day. But it doesn’t need to be fallen come into Kuwait on flights from Rumsfeld’s Pentagon, when the military that way. We can give all American Baghdad. Before they are loaded onto the cracked down on photographs of flag-draped families confidence in a health care outbound aircraft, soldiers in full uniform caskets returning home from the war. Rums- system. form parallel lines along the tarmac. There feld himself was exposed for failing to sign Americans deserve more affordable is a prayer. Then loaders lift up the coffins, by hand the condolence letters he sent to the and more widely available health care. which are joined on board by soldiers who next of kin. His successor, Robert Gates, has Americans deserve real access to share the final journey. After going first to brought some glasnost to the Pentagon, but the military funerals remain tightly con- health care, not just health care cov- Germany, according to the military, they fly erage that doesn’t lead to access but to Dover Air Base in Delaware. trolled. Even when families approve media Since the 1991 Gulf War, photographs of coverage for a funeral, the journalists are real access to health care. That’s why coffins as they return to the United States held at a distance for the pageantry—the we must modernize our health care sys- have been tightly restricted. And few such caisson, the band, the firing party, ‘‘Taps,’’ tem and learn from other sectors of the photographs have been published during the the presenting of the flag—then whisked economy where competition has driven conflict in Iraq. away when the service itself begins. down costs, particularly in the insur- On the April day depicted in the photo- Nor does the blocking of funeral coverage seem to be the work of overzealous bureau- ance arena, so that we can drive down graph that accompanies this story, more those premium costs and make it more than 20 coffins went into a cargo plane bound crats. Gina Gray, Arlington’s new public af- for Germany. Silicio says those who lost fairs director, pushed vigorously to allow the affordable for all American families. loved ones in Iraq should understand the journalists more access to the service yester- When addressing health care, Wash- care and devotion that civilians and military day—but she was apparently shot down by ington fails to put the needs of the pa- crews dedicate to the task of returning the other cemetery officials. tient first. I know this as a physician. soldiers home. Media whining? Perhaps. But the de facto I was in private practice for 14 years Silicio says she shares her motto, ‘‘Pur- ban on media at Arlington funerals fits neat- and saw how policies really drove a ly with an effort by the administration to pose and Cause,’’ with colleagues who appear wedge between the patient and their worn down from the job: ‘‘We serve a purpose sanitize the war in Iraq. That, in turn, has contributed to a public boredom with the doctor. and we have a cause—that’s what living life Patients want personal, quality, is all about.’’ war. A Pew Research Center poll earlier this month found that 14 percent of Americans high-value health care. That’s what we [From the Washington Post, Apr. 24, 2008] considered Iraq the news story of most inter- all want. That’s going to be the way est—less than half the 32 percent hooked on WHAT THE FAMILY WOULD LET YOU SEE, THE that we get true quality in health care. the presidential campaign and barely more PENTAGON OBSTRUCTS We must focus on what patients most than the 11 percent hooked on the raid of a want and need: prevention, early detec- (By Dana Milbank) polygamist compound in Texas. Lt. Col. Billy Hall, one of the most senior On March 29, a week before the raid on the tion, early diagnosis, control of chronic officers to be killed in the Iraq war, was laid polygamists’ ranch, William G. Hall was illnesses, enhancing the quality of life, to rest yesterday at Arlington National Cem- riding from his quarters to the place in and wellness programs. etery. It’s hard to escape the conclusion that Fallujah where he was training Iraqi troops I know as a physician that trying to the Pentagon doesn’t want you to know that. when his vehicle hit an improvised explosive get a patient to quit smoking takes a

VerDate Aug 31 2005 03:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.004 H29APPT1 smartinez on PROD1PC64 with HOUSE H2768 CONGRESSIONAL RECORD — HOUSE April 29, 2008 lot of work. Simple television commer- confident that we can make it better if PLEDGE OF ALLEGIANCE cials and public service announce- we adhere to those principles I outlined The SPEAKER pro tempore. Will the ments, while they help, won’t do the earlier, of information and choice and gentleman from South Carolina (Mr. job. But if you have a doctor-patient patient and family control. We can cre- CLYBURN) come forward and lead the relationship where the doctor knows ate a health care system that meets House in the Pledge of Allegiance. the patient and that trust develops and patients’ needs and allays Americans’ Mr. CLYBURN led the Pledge of Alle- a doctor supports the patient in their anxieties, a health care system that giance as follows: effort to quit smoking, it’s much more gives all of us confidence that our I pledge allegiance to the Flag of the likely to be successful. health care needs will be taken care of. United States of America, and to the Repub- The same thing with dietary meas- And we can do this by putting in place lic for which it stands, one nation under God, ures. These are the kinds of things that new policies that respond to consumer indivisible, with liberty and justice for all. we need to do that will help reduce the needs, individual needs, and the de- f cost of health care and will help make mands for more available and afford- MESSAGE FROM THE SENATE Americans more healthy. These are the able health insurance and for more kinds of solutions that will help Ameri- control over our health care decisions. A message from the Senate by Ms. cans stay out of hospitals and avoid That’s what we all want. We want a Curtis, one of its clerks, announced other expensive institutional forms of health care system that provides real that the Senate has passed a bill of the treatment. access to care, not just coverage on following title in which the concur- Just yesterday, my colleagues and I paper. There are far too many exam- rence of the House is requested: across the aisle debated these very ples of where folks have coverage but S. 2929. An act to temporarily extend the issues at the Cincinnati Children’s Hos- not real access. We want access. programs under the Higher Education Act of pital. It was a great debate. But let me 1965. f say that Republicans focused on f strengthening the doctor-patient rela- RECESS WELCOMING DR. WILLIAM LLOYD tionship that is fundamental to good The SPEAKER pro tempore. Pursu- BIRCH quality health care. As I said before, ant to clause 12(a) of rule I, the Chair (Mr. CLYBURN asked and was given we can’t expect good quality health declares the House in recess until 2 permission to address the House for 1 care to come about without this funda- p.m. today. minute.) mental relationship between a doctor Accordingly (at 12 o’clock and 48 Mr. CLYBURN. Mr. Speaker, it is in- and a patient. minutes p.m.), the House stood in re- deed a pleasure for me to welcome and We think back to the old days, of cess until 2 p.m. thank the gentleman and scholar who Marcus Welby and how a physician por- f provided us with today’s invocation. trayed as Marcus Welby on television Dr. William Lloyd Birch hails from my had that relationship with the patient b 1400 congressional district. He is an or- and their family. We think back to AFTER RECESS dained minister in Florence, South Norman Rockwell paintings that depict Carolina. this type of relationship that patients The recess having expired, the House was called to order by the Speaker pro Over his illustrious ministerial ca- had with the doctor, of mutual trust reer, Dr. Birch has served as interim tempore (Mr. BLUMENAUER) at 2 p.m. that focused not just on sickness but pastor in more than 42 churches. Dr. on health, not just on the disease proc- f Birch is the founder of the Sociology ess but how the disease affected the en- PRAYER Department at Francis Marion Univer- tire patient’s well-being and their fam- sity, and chaired it for over 30 years. Dr. William Lloyd Birch, retired Bap- ily circumstances. Prior to his retirement, Dr. Birch was tist minister, Florence, South Caro- These are the things that we as Re- a family therapist, and chaired the lina, offered the following prayer: publicans want to focus on as we try to South Carolina Board of Licensing. We are so grateful for the blessings introduce information technology into Dr. Birch is known by many in the You have given to us. But the blessings health care, a wide range of choices for Pee Dee area of South Carolina as their of the past will not suffice for the families to pick a good health care pol- professor, as the minister who baptized needs of today. We know that if we icy that meets their specific needs, not their children or performed their son’s commit ourselves to You, You will help somebody else picking what they need, or daughter’s weddings, as the interim us to focus on the needs of our Nation. let families pick what they need and pastor at their church, or as the coun- We confess that so often we fall short put families back in control of their selor who guided them through a fam- of the expectations You have for us. We health care destiny. ily crisis. Our opponents on the other side of are tempted and so often we succumb Many have also seen him riding his the aisle have suggested a one-size-fits- to these temptations. We put ourselves horses, fox hunting or playing the blue- all program, something like you see in before others. We fail to show our grass music he loves. Many of us are Canada or in England where there are brothers and sisters the love that You grateful for his work throughout the waiting lists for care. I know as a phy- want us to demonstrate by the quality Pee Dee communities in South Caro- sician that when I was in Rochester, of our lives. lina. New York, we had patients who were As we face this day, help us to be He is joined here today by his wife of being told they couldn’t have heart honest, unselfish, compassionate peo- 57 years, Jean, and I thank both of surgery for 18 months and they were ple. What have we gained if we obtain them for their daughter Lindy’s work coming across the border into the U.S. success in the eyes of the world and yet in my office on behalf of the people of to have their heart surgery done. A lose the sense of Your presence and South Carolina and the Nation. Your will among us? friend of mine who is a heart surgeon f in England was told 6 months into the May Your kingdom come. May Your year that he couldn’t do any more will be done. We pray in the name of BLACKBERRY CAPER heart surgery and when he attempted our Lord, the God of our Nation. (Mr. POE asked and was given per- to do so, his superiors threatened to Amen. mission to address the House for 1 fire him. Think of the patients that f minute.) suffered because of this type of ration- Mr. POE. Mr. Speaker, last week, ing of care. That’s not what Americans THE JOURNAL President Bush and President Calderon want. Americans want a health care The SPEAKER pro tempore. The of Mexico met in New Orleans to dis- system that provides access and that’s Chair has examined the Journal of the cuss mutual concerns of both nations, affordable and available. last day’s proceedings and announces such as trade. Electronic devices by I know, I think everyone knows, that to the House his approval thereof. staff are not permitted in these meet- Americans deserve better than what Pursuant to clause 1, rule I, the Jour- ings, and are left on a table outside the we’re getting, and I know and I’m very nal stands approved. room.

VerDate Aug 31 2005 23:34 Apr 29, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.005 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2769 After the high level talks concluded, COMMUNICATION FROM DISTRICT pursuant to a claim of inherent authority or a senior official with Mexico, Rafael DIRECTOR, THE HONORABLE any Federal law (including the Indian Gam- Curiel, was caught on video grabbing PHIL GINGREY, MEMBER OF ing Regulatory Act (25 U.S.C. 2701 et seq.) seven White House BlackBerrys off the CONGRESS and any regulations promulgated by the Sec- retary of the Interior or the National Indian outside table. He was nabbed with the The SPEAKER pro tempore laid be- Gaming Commission pursuant to that Act) booty by the Secret Service at the air- fore the House the following commu- on any land that is leased with an option to port as he was about to make good his nication from Janet Byington, District renew the lease in accordance with this sec- getaway. Director, the Honorable PHIL GINGREY, tion. He gave numerous contradictory ac- Member of Congress: The SPEAKER pro tempore. Pursu- counts about why he had the White HOUSE OF REPRESENTATIVES, ant to the rule, the gentleman from House BlackBerrys. Then he said he Washington, DC, April 21, 2008. West Virginia (Mr. RAHALL) and the was innocent. When all else failed, he Hon. NANCY PELOSI, gentleman from Utah (Mr. BISHOP) claimed diplomatic immunity, and left Speaker, House of Representatives, each will control 20 minutes. the United States for Mexico. Washington, DC. The Chair recognizes the gentleman Mr. Speaker, Rafael Curiel is just DEAR MADAM SPEAKER: This is to formally from West Virginia. notify you, pursuant to Rule VIII of the misunderstood. Obviously, when the GENERAL LEAVE Rules of the House of Representatives, that I White House discussion centered Mr. RAHALL. Mr. Speaker, I ask around free trade with the two coun- have been served with a civil trial subpoena for testimony issued by the Superior Court unanimous consent that all Members tries, Curiel took the phrase ‘‘free of Floyd County, Georgia. may have 5 legislative days in which to trade’’ literally and did a little free After consulting with the Office of General revise and extend their remarks and in- trading on his own with those Amer- Counsel, I have determined that compliance clude extraneous materials on the reso- ican BlackBerrys. with the subpoena is inconsistent with the lution under consideration. Mexico has since fired the free trad- privileges and rights of the House. The SPEAKER pro tempore. Is there er. Sincerely, objection to the request of the gen- And that’s just the way it is. JANET BYINGTON, District Director, tleman from West Virginia? f Congressman Phil Gingrey. There was no objection. Mr. RAHALL. I yield myself such COMMUNICATION FROM THE f time as I may consume. CLERK OF THE HOUSE ANNOUNCEMENT BY THE SPEAKER (Mr. RAHALL asked and was given The SPEAKER pro tempore laid be- PRO TEMPORE permission to revise and extend his re- fore the House the following commu- The SPEAKER pro tempore. Pursu- marks.) nication from the Clerk of the House of ant to clause 8 of rule XX, the Chair Mr. RAHALL. Existing Federal law Representatives: will postpone further proceedings allows tribal corporations to lease tribal land for a term of 25 years. However, OFFICE OF THE CLERK, today on motions to suspend the rules HOUSE OF REPRESENTATIVES, on which a recorded vote or the yeas there are instances where the Congress Washington, DC, April 29, 2008. and nays are ordered, or on which the has provided the authority for a tribal Hon. NANCY PELOSI, vote is objected to under clause 6 of corporation to engage in even longer The Speaker, House of Representatives, rule XX. terms. Washington, DC. Record votes on postponed questions The pending measure would give the DEAR MADAM SPEAKER: Pursuant to the will be taken after 6:30 p.m. today. Mashantucket Pequot Tribe of Con- permission granted in Clause 2(h) of Rule II necticut the ability to lease its lands of the Rules of the U.S. House of Representa- f for not more than two additional terms tives, the Clerk received the following mes- MASHANTUCKET PEQUOT (WEST- sage from the Secretary of the Senate on of up to 25 years each, for a total of 75 April 29, 2008, at 10:36 a.m.: ERN) TRIBE LEASE EXTENSIONS years, in an effort to assist this tribe, That the Senate passed S. 2829. Mr. RAHALL. Mr. Speaker, I move to expand its economy and assist its That the Senate agreed to S. Con. Res. 74. suspend the rules and pass the Senate members. With best wishes, I am bill (S. 2457) to provide for extensions Furthermore, it prohibits any entity Sincerely, of leases of certain land by from conducting gaming activity on LORRAINE C. MILLER, any land that is leased with an option Clerk of the House. Mashantucket Pequot (Western) Tribe. The Clerk read the title of the Senate to renew under this act. f bill. I would note that this measure The text of the Senate bill is as fol- passed the other body by unanimous COMMUNICATION FROM THE consent. And I would commend our col- CLERK OF THE HOUSE lows: S. 2457 league from Connecticut (Mr. LARSON) The SPEAKER pro tempore laid be- for his leadership and championing this fore the House the following commu- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in measure in the House. nication from the Clerk of the House of Congress assembled, I urge its passage and I reserve the Representatives: balance of my time, Mr. Speaker. SECTION 1. EXTENSIONS OF LEASES OF CERTAIN OFFICE OF THE CLERK, LAND BY MASHANTUCKET PEQUOT Mr. BISHOP of Utah. Mr. Speaker, I HOUSE OF REPRESENTATIVES, (WESTERN) TRIBE. yield myself such time as I may con- Washington, DC, April 28, 2008. (a) IN GENERAL.—Any lease of restricted sume. Hon. NANCY PELOSI, land of the Mashantucket Pequot (Western) Senate bill 2457 provides for exten- The Speaker, House of Representatives, Tribe (referred to in this section as the sions of leases of certain land by the Washington, DC. ‘‘Tribe’’) entered into on behalf of the Tribe Mashantucket Pequot Tribe of Con- DEAR MADAM SPEAKER: Pursuant to the by the tribal corporation of the Tribe char- necticut. The leased land is for non- permission granted in Clause 2(h) of Rule II tered pursuant to section 17 of the Act of of the Rules of the U.S. House of Representa- June 18, 1934 (25 U.S.C. 477), may include an gaming commercial purposes. I urge tives, the Clerk received the following mes- option to renew the lease for not more than support of this legislation as does the sage from the Secretary of the Senate on 2 additional terms, each of which shall not administration. April 28, 2008, at 3:21 p.m.: exceed 25 years, subject only to the approval I have no additional speakers. There- That the Senate passed without amend- of the tribal council of the Tribe. fore, I yield back the balance of my ment H.R. 4286. (b) LIABILITY OF UNITED STATES.—The time. That the Senate agreed to without amend- United States shall not be liable to any Mr. RAHALL. I yield back the bal- ment H. Con. Res. 322. party for any loss resulting from a renewal ance of my time, Mr. Speaker. That the Senate requests the return of the of a lease entered into pursuant to sub- The SPEAKER pro tempore. The papers H.R. 493. section (a). With best wishes, I am (c) PROHIBITION ON GAMING ACTIVITIES.—No question is on the motion offered by Sincerely, entity may conduct any gaming activity the gentleman from West Virginia (Mr. LORRAINE C. MILLER, (within the meaning of section 4 of the In- RAHALL) that the House suspend the Clerk of the House. dian Gaming Regulatory Act (25 U.S.C. 2703)) rules and pass the Senate bill, S. 2457.

VerDate Aug 31 2005 03:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.034 H29APPT1 smartinez on PROD1PC64 with HOUSE H2770 CONGRESSIONAL RECORD — HOUSE April 29, 2008 The question was taken; and (two- (7) SECRETARY.—The term ‘‘Secretary’’ crime. For purposes of this restrictive cov- thirds being in the affirmative) the means the Secretary of the Interior. enant,’’ governmental purposes ‘‘shall in- rules were suspended and the Senate (8) DISPUTED COUNTY ROAD.—The term clude the provision of governmental services bill was passed. ‘‘Disputed County Road’’ means the county to the public by Rio Arriba County and the road passing through the 1988 Reservation development and operation of private busi- A motion to reconsider was laid on Addition along the course identified in the nesses to the extent permitted by applicable the table. judgment entered by the New Mexico Dis- State law.’’. f trict Court in the Lawsuit on December 10, SEC. 5. BOUNDARY CHANGE. 2001 and the decision entered on December Upon issuance of the patent authorized by JICARILLA APACHE RESERVATION 11, 2001, which judgment and decision have section 4, the lands conveyed to Rio Arriba CONVEYANCE been appealed to the New Mexico Court of County in the patent shall cease to be a part Appeals. Mr. RAHALL. Mr. Speaker, I move to of the Jicarilla Apache Reservation and the SEC. 2. CONGRESSIONAL FINDINGS. suspend the rules and pass the bill exterior boundary of the Jicarilla Apache Congress finds the following: Reservation shall be deemed relocated ac- (H.R. 3522) to ratify a conveyance of a (1) The Lawsuit is now pending before the cordingly. portion of the Jicarilla Apache Res- Court of Appeals of the State of New Mexico The SPEAKER pro tempore. Pursu- ervation to Rio Arriba County, State of and involves a claim that a county road ant to the rule, the gentleman from New Mexico, pursuant to the settle- passing through the 1988 Reservation Addi- West Virginia (Mr. RAHALL) and the ment of litigation between the tion had been established by prescription gentleman from Utah (Mr. BISHOP) Jicarilla Apache Nation and Rio Arriba prior to acquisition of the land by the each will control 20 minutes. County, State of New Mexico, to au- Jicarilla Apache Nation in 1985. (2) The parties to that lawsuit, the The Chair recognizes the gentleman thorize issuance of a patent for said Jicarilla Apache Nation and the County of from West Virginia. lands, and to change the exterior Rio Arriba, have executed a Settlement GENERAL LEAVE boundary of the Jicarilla Apache Res- Agreement, approved by the Secretary of the ervation accordingly, and for other Interior, to resolve all claims relating to the Mr. RAHALL. Mr. Speaker, I ask purposes. disputed county road, which agreement re- unanimous consent that all Members The Clerk read the title of the bill. quires ratifying legislation by the Congress may have 5 legislative days in which to The text of the bill is as follows: of the United States. revise and extend their remarks and in- (3) The parties to the Settlement Agree- H.R. 3522 clude extraneous material on the reso- ment desire to settle the claims relating to lution under consideration. Be it enacted by the Senate and House of Rep- the disputed county road on the terms The SPEAKER pro tempore. Is there resentatives of the United States of America in agreed to by the parties, and it is in the best objection to the request of the gen- Congress assembled, interests of the parties to resolve the claims SECTION 1. DEFINITIONS. through the Settlement Agreement and this tleman from West Virginia? For the purposes of this act, the following implementing legislation. There was no objection. definitions apply: SEC. 3. CONDITION ON EFFECT OF SECTION. Mr. RAHALL. I yield myself such (1) JICARILLA APACHE NATION.—The term (a) IN GENERAL.—Section 4 of this Act shall time as I may consume. ‘‘Jicarilla Apache Nation’’ means the not take effect until the Secretary finds the (Mr. RAHALL asked and was given Jicarilla Apache Nation, a tribe of American following events have occurred: permission to revise and extend his re- Indians recognized by the United States and (1) The Board of Commissioners of Rio marks.) organized under section 16 of the Act of June Arriba County has enacted a resolution per- Mr. RAHALL. Passage of the pending 18, 1934 (25 U.S.C. 476; popularly known as the manently abandoning the disputed county measure will resolve a longstanding Indian Reorganization Act). road and has submitted a copy of that reso- dispute between the Jicarilla Apache (2) 1988 RESERVATION ADDITION.—The term lution to the Secretary. ‘‘1988 Reservation Addition’’ means those (2) The Jicarilla Apache Nation has exe- Nation and the county of Rio Arriba in lands, known locally as the Theis Ranch, cuted a quitclaim deed to Rio Arriba County New Mexico over a disputed road. The that are described in the Federal Register for the Settlement Lands subject to the ex- tribe and the county have agreed to a published on September 26, 1988 at 53 F.R. ceptions identified in the Settlement Agree- settlement which requires the approval 37355–56 and were added to the Jicarilla ment and has submitted a copy of the quit- of Congress in order to become effec- Apache Reservation in New Mexico in 1988. claim deed to the Secretary. tive. (3) SETTLEMENT AGREEMENT.—The term (b) PUBLICATION OF FINDINGS.—If the Sec- Under this settlement agreement, the ‘‘Settlement Agreement’’ means the agree- retary finds that the conditions set forth in ment executed by the President of the subsection (a) have occurred, the Secretary tribe will transfer 70.5 acres of land lo- Jicarilla Apache Nation on May 6, 2003 and shall publish such findings in the Federal cated within its expanded 1988 reserva- executed by the Chairman of the Rio Arriba Register. tion to the county. In exchange, the Board of County Commissioners on May 15, SEC. 4. RATIFICATION OF CONVEYANCE; county will abandon any and all claims 2003 and approved by the Department of the ISSUANCE OF PATENT. to the disputed road. Interior on June 18, 2003 to settle the Law- (a) CONDITIONAL RATIFICATION AND AP- I would like to commend our col- suit. PROVAL.—This Act ratifies and approves the league from New Mexico for his super (4) LAWSUIT.—The term ‘‘Lawsuit’’ means Jicarilla Apache Nation’s quitclaim deed for leadership and determination, Mr. TOM the case identified as Jicarilla Apache Tribe the Settlement Lands to Rio Arriba County, UDALL, for bringing this bill before us v. Board of County Commissioners, County but such ratification and approval shall be of Rio Arriba, No. RA 87–2225(C), State of effective only upon satisfaction of all condi- today. New Mexico District Court, First Judicial tions in section 3, and only as of the date Some of the more difficult and con- District, filed in October 1987. that the Secretary’s findings are published tentious issues that we deal with are (5) RIO ARRIBA COUNTY.—The term ‘‘Rio in the Federal Register pursuant to section those of property lines and jurisdic- Arriba County’’ means the political subdivi- 3. tions of towns, private landowners and sion of the state of New Mexico described in (b) PATENT.—Following publication of the Indian tribes. Mr. UDALL has never Section 4–21–1 and Section 4–21–2, New Mex- notice described in section 3, the Secretary shied away from such matters when ico Statutes Annotated 1978 (Original Pam- shall issue to Rio Arriba County a patent for they affect the Indian tribes of New phlet). the Settlement Lands, subject to the excep- (6) SETTLEMENT LANDS.—The term ‘‘Settle- tions and restrictive covenants described Mexico, and I commend him. I urge my ment Lands’’ means Tract A and Tract B as subsection (c). colleagues to support its passage. described in the plat of the ‘‘Dependent Re- (c) CONDITIONS OF PATENT.—The patent to b 1415 survey and Survey of Tract within Theis be issued by the Secretary under subsection Ranch’’ within the Tierra Amarilla Grant, (b) shall be subject to all valid existing I reserve the balance of my time. New Mexico prepared by Leo P. Kelley, Ca- rights of third parties, including but not lim- Mr. BISHOP of Utah. Mr. Speaker, I dastral Surveyor, United States Department ited to easements of record, and shall include yield myself such time as I may con- of the Interior, Bureau of Land Management, the following perpetual restrictive covenant sume. dated January 7, 2004, and recorded in the of- running with the Settlement Lands for the H.R. 3522 implements a settlement fice of the Rio Arriba County Clerk on March benefit of the lands comprising the Jicarilla agreement worked out by the tribe and 8, 2004, in Cabinet C–1, Page 199, Document Apache Reservation adjacent to the Settle- No. 242411, consisting of 70.75 acres more or ment Lands: ‘‘Tract A shall be used only for Rio Arriba County. As a result, the less. Title to the Settlement Lands is held by governmental purposes and shall not be used parties resolve a long-lasting litigation the United States in trust for the Jicarilla for a prison, jail or other facility for incar- by conveying tribal lands to the county Apache Nation. cerating persons accused or convicted of a for transportation purposes.

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.013 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2771 I support the settlement along with plied with regarding the trust acquisition of The Chair recognizes the gentleman the administration. I urge my col- those Federal lands, the Federal lands shall be from West Virginia. declared to be held in trust by the United States leagues to do the same thing. GENERAL LEAVE We have no additional speakers, and for the benefit of the Tribe for nongaming purposes, and shall be subject to the same terms Mr. RAHALL. Mr. Speaker, I ask I yield back the balance of my time. and conditions as those lands described in the unanimous consent that all Members Mr. RAHALL. I yield back the bal- California Indian Land Transfer Act of 2000 may have 5 legislative days in which to ance of my time. (title IX, Public Law 106–568; 114 Stat. 2868, revise and extend their remarks and in- The SPEAKER pro tempore. The 2921). clude extraneous material on the reso- question is on the motion offered by (2) TRUST LANDS.—Lands described in sub- lution under consideration. the gentleman from West Virginia (Mr. section (c) of this section that are taken or to be taken in trust by the United States for the ben- RAHALL) that the House suspend the The SPEAKER pro tempore. Is there rules and pass the bill, H.R. 3522. efit of the Tribe shall be subject to subsection (c) objection to the request of the gen- of section 903 of the California Indian Land The question was taken; and (two- tleman from West Virginia? Transfer Act of 2000. There was no objection. thirds being in the affirmative) the (b) FEDERAL LANDS DESCRIBED.—The Federal rules were suspended and the bill was lands described in this subsection, comprising Mr. RAHALL. Mr. Speaker, this passed. approximately 66 acres, are as follows: measure introduced by our colleague A motion to reconsider was laid on (1) Township 1 North, Range 16 East, Section from California, GEORGE RADANOVICH, the table. 6, Lots 10 and 12, MDM, containing 50.24 acres would transfer approximately 66 acres more or less. of land from the Bureau of Land Man- f (2) Township 1 North, Range 16 East, Section 5, Lot 16, MDM, containing 15.35 acres more or agement to the Bureau of Indian Af- TUOLUMNE ME-WUK LAND fairs. TRANSFER ACT OF 2008 less. (3) Township 2 North, Range 16 East, Section This land would be held in trust for Mr. RAHALL. Mr. Speaker, I move to 32, Indian Cemetery Reservation within Lot 22, the Tuolumne band of Me-Wuk Indians suspend the rules and pass the bill MDM, containing 0.4 acres more or less. of the Tuolumne Rancheria. The BLM (H.R. 3490) to transfer administrative (c) TRUST LANDS DESCRIBED.—The trust lands land is adjacent to land held in trust jurisdiction of certain Federal lands described in this subsection, comprising approximately 357 acres, are commonly referred to as for the tribe or that is owned in fee by from the Bureau of Land Management follows: the tribe. Included on this land is a to the Bureau of Indian Affairs, to take (1) Thomas property, pending trust acquisi- cemetery where the tribe has histori- such lands into trust for Tuolumne tion, 104.50 acres. cally buried its ancestors. Band of Me-Wuk Indians of the (2) Coenenburg property, pending trust acqui- Other areas of this land would be Tuolumne Rancheria, and for other sition, 192.70 acres, subject to existing easements of record, including but not limited to a non-ex- used for a cultural center, agricultural purposes, as amended. activities, housing, and open-space The Clerk read the title of the bill. clusive easement for ingress and egress for the benefit of adjoining property as conveyed by needs. The legislation prohibits these The text of the bill is as follows: Easement Deed recorded July 13, 1984, in Vol- lands from being used for gaming. H.R. 3490 ume 755, Pages 189 to 192, and as further de- In addition, approximately 357 acres Be it enacted by the Senate and House of Rep- fined by Stipulation and Judgment entered by of land which the tribe already owns resentatives of the United States of America in Tuolumne County Superior Court on September would be deemed to be within the Congress assembled, 2, 1983, and recorded June 4, 1984, in Volume 751, Pages 61 to 67. tribe’s reservation boundaries. SECTION 1. SHORT TITLE. Essentially, the purpose of this legis- This Act may be cited as the ‘‘Tuolumne Me- (3) Assessor Parcel No. 620505300, 1.5 acres, Wuk Land Transfer Act of 2008’’. trust land. lation is to make this tribe whole. (4) Assessor Parcel No. 620505400, 19.23 acres, I urge my colleagues to support the SEC. 2. FINDINGS. trust land. Congress finds that— (5) Assessor Parcel No. 620505600, 3.46 acres, measure. (1) the Tuolumne Band of Me-Wuk Indians of trust land. I reserve the balance of my time. the Tuolumne Rancheria, California (referred to (6) Assessor Parcel No. 620505700, 7.44 acres, Mr. BISHOP of Utah. Mr. Speaker, I in this Act as the ‘‘Tribe’’), is a federally recog- trust land. yield myself such time as I may con- nized Indian tribe; (7) Assessor Parcel No. 620401700, 0.8 acres, sume. (2) 3 tracts of Federal lands managed by the trust land. Bureau of Land Management are adjacent to (8) A portion of Assessor Parcel No. 620500200, Mr. Speaker, H.R. 3490 takes 66 acres the Tuolumne Rancheria of California, a feder- 2.5 acres, trust land. of Federal land into trust for the ally recognized Indian Reservation held in trust (9) Assessor Parcel No. 620506200, 24.87 acres, tribe’s existing reservation for non- for the benefit of the Tribe; trust land. gaming purposes. In addition, it deems (3) one such tract is a cemetery within which (d) SURVEY.—As soon as practicable after the three tracts of adjacent land part of date of the enactment of this Act, the Office of are buried the remains of ancestors of the Tribe the tribe’s reservation in the Sierra and other Indians; Cadastral Survey of the Bureau of Land Man- (4) another such tract is needed for use by the agement shall complete fieldwork required for a Nevada. The tribe will use the lands to Tribe for a cultural center and other public uses survey of the lands described in subsections (b) alleviate overcrowded housing, to build of the Tribe; and (c) for the purpose of incorporating those a cultural center, for agriculture, and (5) the remaining tract is needed for use by lands within the boundaries of the Tuolumne for open space. They will also continue the Tribe for agricultural, housing, and open Rancheria. Not later than 90 days after that to use the land as a cemetery. fieldwork is completed, that office shall complete space needs; Congressman RADANOVICH should be the survey. (6) none of the foregoing 3 tracts are to be commended for his work on this bill, used by the Tribe for gaming purposes; (e) LEGAL DESCRIPTIONS.— (7) certain parcels of lands adjacent to the (1) PUBLICATION.—On approval by the Com- and I urge my colleagues to join the Tuolumne Rancheria were taken into trust for munity Council of the Tribe of the survey com- administration in support of this par- the benefit of the Tribe; and pleted under subsection (d), the Secretary of the ticular piece of legislation. (8) 2 parcels of fee lands owned by the Tribe Interior shall publish in the Federal Register— I yield back my time. (A) a legal description of the new boundary and adjacent to the Tuolumne Rancheria, com- Mr. RAHALL. I yield back my time. monly referred to as the ‘‘Thomas and lines of the Tuolumne Rancheria; and (B) a legal description of the land surveyed Coenenburg properties’’, have been approved The SPEAKER pro tempore. The under subsection (d). and are pending transfer into trust status by the question is on the motion offered by (2) EFFECT.—Beginning on the date on which the gentleman from West Virginia (Mr. Bureau of Indian Affairs for the benefit of the the legal descriptions are published under para- RAHALL) that the House suspend the Tribe. graph (1), such legal descriptions shall be the SEC. 3. LANDS TO BE TAKEN INTO TRUST. official legal descriptions of those boundary rules and pass the bill, H.R. 3490, as (a) IN GENERAL.— lines of the Tuolumne Rancheria and the lands amended. (1) FEDERAL LANDS.—Subject to valid existing surveyed. The question was taken; and (two- rights, all right, title, and interest (including The SPEAKER pro tempore. Pursu- thirds being in the affirmative) the improvements and appurtenances) of the United rules were suspended and the bill, as States in and to the Federal lands described in ant to the rule, the gentleman from subsection (b), immediately after the Secretary West Virginia (Mr. RAHALL) and the amended, was passed. of the Interior has confirmed that the National gentleman from Utah (Mr. BISHOP) A motion to reconsider was laid on Environmental Policy Act of 1969 has been com- each will control 20 minutes. the table.

VerDate Aug 31 2005 03:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.015 H29APPT1 smartinez on PROD1PC64 with HOUSE H2772 CONGRESSIONAL RECORD — HOUSE April 29, 2008 CHIEF STANDING BEAR clude extraneous material on the reso- members of the tribe, including Chief Mr. RAHALL. Mr. Speaker, I move to lution under consideration. Standing Bear’s son. suspend the rules and agree to the reso- The SPEAKER pro tempore. Is there Committed to a promise he made to lution (H. Res. 1043) honoring the life objection to the request of the gen- his son to return him to their Niobrara and legacy of Chief Standing Bear, a tleman from West Virginia? homeland for burial, Chief Standing pioneer in civil rights for Native Amer- There was no objection. Bear left for Nebraska with all who icans, on the 100th anniversary of Chief Mr. RAHALL. Mr. Speaker, I yield would follow him. Upon their return, Standing Bear’s death. myself such time as I may consume. the Chief and 30 of his fellow Ponca The Clerk read the title of the resolu- (Mr. RAHALL asked and was given Tribe members were arrested by the tion. permission to revise and extend his re- Department of Interior in Omaha. The text of the resolution is as fol- marks.) With the assistance of Omaha attor- Mr. RAHALL. Chief Standing Bear, a lows: neys, John Webster and A.J. member of the Ponca Tribe of Ne- Poppleton, and frontier newsman, H. RES. 1043 braska, stood against the grains of in- Thomas Tibbles, who worked for the Whereas Chief Standing Bear was born on justice in the name of his people. His predecessor to our current newspaper Ponca land in what is now Nebraska; valuable and historic contributions as Whereas Chief Standing Bear became chief in Omaha, the Omaha World-Herald, of the Ponca Tribe at a young age because of a Native American leader would be fur- Chief Standing Bear petitioned the his leadership abilities; ther honored on the 100th anniversary Federal courts for relief from the un- Whereas, in 1878, Chief Standing Bear and of his death through this resolution. just Federal treatment of the Ponca the Ponca Tribe were forced by a Federal I would like to commend our col- Tribe. treaty to leave their home for Indian Terri- league from Nebraska (Mr. In 1879, the case came before U.S. tory in what is now Oklahoma; FORTENBERRY) for sponsoring this reso- District Court Judge Elmer Dundy. At Whereas the hardship of travel, illness, and lution that is before us today. the conclusion of his testimony, Chief the inhospitable conditions of Indian Terri- I urge my colleagues to support its Standing Bear raised his hand and he tory caused many members of the tribe to perish including Chief Standing Bear’s son; passage. spoke these words: ‘‘That hand is not Whereas Chief Standing Bear, determined I reserve the balance of my time. the color of yours,’’ he said. ‘‘But if I to bury his son in his homeland, led 30 mem- Mr. BISHOP of Utah. Mr. Speaker, I pierce it, I shall feel pain. If you pierce bers of his tribe back to their home in Ne- yield myself such time as I may con- your hand, you will also feel pain. The braska; sume. blood that will flow from mine will be Whereas Chief Standing Bear and the 30 H.R. 1043 honors the life and legacy the same color as yours. I am a man. members of his tribe were arrested by the of Chief Standing Bear, a pioneer in God made us both.’’ Department of the Interior upon their re- civil rights for Native Americans. This The wisdom and dignity in Standing turn; resolution also commemorates the Whereas Chief Standing Bear enlisted the Bear’s words were not lost on Judge help of Thomas Tibbles of the predecessor to 100th anniversary of his death, and I Dundy who ruled that Native Ameri- the Omaha World-Herald and 2 attorneys to ask my colleagues to join me in hon- cans are, in fact, citizens endowed with petition the Federal court to rule on the oring Chief Standing Bear. all of the rights and all of the freedoms Ponca Tribe’s treatment by the Government; I reserve the balance of my time. guaranteed by the United States Con- Whereas, in 1879, the case came before Mr. RAHALL. Mr. Speaker, I reserve stitution. Through the steadfast efforts Judge Elmer Dundy; the balance of my time. of Chief Standing Bear and caring Ne- Whereas Chief Standing Bear, at the con- Mr. BISHOP of Utah. Mr. Speaker, I braskans, the Ponca won their freedom clusion of the court proceedings, extended yield as much time as he may consume and the right to return to their Ne- his hand as he took the oath and said, ‘‘That to the gentleman from Nebraska, the hand is not the color of yours, but if I pierce braska homeland on the Niobrara it, I shall feel pain. If you pierce your hand, sponsor of this bill, the author of this where Chief Standing Bear declared, you also feel pain. The blood that will flow bill, Mr. FORTENBERRY. ‘‘Here we will live, and here we will from mine will be the same color as yours. I Mr. FORTENBERRY. Mr. Speaker, I die.’’ am a man. God made us both’’; would like to begin by thanking the Chief Standing Bear would spend the Whereas as Judge Dundy ultimately ruled gentleman from West Virginia (Mr. RA- next 4 years touring the United States that Native Americans were citizens with all HALL) for his assistance in bringing advocating for Native Americans’ civil of the rights and freedoms guaranteed by the this important resolution to the floor, rights and inspiring a generation. Then Constitution; as well as the distinguished gentleman Whereas the Ponca won their freedom and he returned to his home near the eventually were able to return to their home from Alaska (Mr. YOUNG) for his assist- mouth of Niobrara, farmed his land, in Nebraska; ance as well. and died there a quarter century later Whereas Chief Standing Bear would spend Mr. Speaker, I rise in support of this in 1908. the next 4 years touring the Eastern United resolution, a measure I introduced ear- Mr. Speaker, the courage and deter- States promoting Native American rights; lier this year to honor the life and leg- mination of Chief Standing Bear have Whereas Chief Standing Bear dem- acy of Chief Standing Bear. His plea for earned him a place in our civil rights onstrated the highest level of courage and justice and human decency challenged history. His example is an inspiration determination; the heart of our Nation, yet his poign- Whereas Chief Standing Bear made a vital for all those engaged in the advance- contribution to civil rights for Native Amer- ant story as one of America’s earliest ment of civil rights, of human rights. icans; and civil rights leaders remains largely un- I want to thank all of my colleagues Whereas 2008 is the 100th anniversary of known. in the House who have been supportive Chief Standing Bear’s death: Now, therefore, 2008 is the 100th anniversary of Chief of bringing this resolution to the floor be it Standing Bear’s death. It is fitting that so that we can rightly honor this great Resolved, That the House of Representa- we honor this anniversary, that gen- man, Chief Standing Bear. tives honors the life, legacy, and contribu- erations of Americans will know his Mr. RAHALL. Mr. Speaker, I have no tions to civil rights of Chief Standing Bear. life and his legacy. further requests for time. I am pre- The SPEAKER pro tempore. Pursu- Standing Bear was born in the pared to yield back. ant to the rule, the gentleman from Niobrara River Valley, in what is now Mr. BISHOP of Utah. I yield back my West Virginia (Mr. RAHALL) and the Nebraska, in 1834. An individual of ex- time. gentleman from Utah (Mr. BISHOP) ceptional talent and ability, he became Mr. RAHALL. I yield back my time. each will control 20 minutes. chief of the Ponca Tribe at a young The SPEAKER pro tempore. The The Chair recognizes the gentleman age. In 1877, the Ponca people were question is on the motion offered by from West Virginia. forced by treaty to relocate from their the gentleman from West Virginia (Mr. GENERAL LEAVE home in Nebraska to the Indian terri- RAHALL) that the House suspend the Mr. RAHALL. Mr. Speaker, I ask tory of Oklahoma. The hardship of this rules and agree to the resolution, H. unanimous consent that all Members 500-mile journey on foot, illnesses, as Res. 1043. may have 5 legislative days in which to well as the harsh living conditions in The question was taken; and (two- revise and extend their remarks and in- Oklahoma, caused the death of many thirds being in the affirmative) the

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.018 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2773 rules were suspended and the resolu- Subtitle D—Memorials, Commissions, and Subtitle C—Abraham Lincoln National tion was agreed to. Museums Heritage Area A motion to reconsider was laid on Sec. 331. Commemorative work to honor Sec. 441. Purposes. the table. Brigadier General Francis Mar- Sec. 442. Definitions. ion and his family. Sec. 443. Designation of Abraham Lincoln f Sec. 332. Dwight D. Eisenhower Memorial National Heritage Area. CONSOLIDATED NATURAL Commission. Sec. 444. Management plan. RESOURCES ACT OF 2008 Sec. 333. Commission to Study the Potential Sec. 445. Evaluation; report. Creation of a National Museum Sec. 446. Local coordinating entity. Mr. RAHALL. Mr. Speaker, I move to of the American Latino. Sec. 447. Relationship to other Federal agen- suspend the rules and pass the Senate Sec. 334. Hudson-Fulton-Champlain cies. bill (S. 2739) to authorize certain pro- Quadricentennial Commemora- Sec. 448. Private property and regulatory grams and activities in the Department tion Commission. protections. Sec. 335. Sense of Congress regarding the Sec. 449. Authorization of appropriations. of the Interior, the Forest Service, and Sec. 450. Use of Federal funds from other the Department of Energy, to imple- designation of the Museum of the American Quilter’s Society sources. Sec. 451. Sunset for grants and other assist- ment further the Act approving the of the United States. ance. Covenant to Establish a Common- Sec. 336. Sense of Congress regarding the wealth of the Northern Mariana Islands designation of the National Mu- Subtitle D—Authorization Extensions and in Political Union with the United seum of Wildlife Art of the Viability Studies States of America, to amend the Com- United States. Sec. 461. Extensions of authorized appropria- pact of Free Association Amendments Sec. 337. Redesignation of Ellis Island Li- tions. Act of 2003, and for other purposes. brary. Sec. 462. Evaluation and report. The Clerk read the title of the Senate Subtitle E—Trails and Rivers Subtitle E—Technical Corrections and Additions bill. Sec. 341. Authorization and administration The text of the Senate bill is as fol- of Star-Spangled Banner Na- Sec. 471. National Coal Heritage Area technical corrections. lows: tional Historic Trail. Sec. 342. Land conveyance, Lewis and Clark Sec. 472. Rivers of Steel National Heritage S. 2739 National Historic Trail, Ne- Area addition. Be it enacted by the Senate and House of Rep- braska. Sec. 473. South Carolina National Heritage resentatives of the United States of America in Sec. 343. Lewis and Clark National Historic Corridor addition. Congress assembled, Trail extension. Sec. 474. Ohio and Erie Canal National Her- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 344. Wild and scenic River designation, itage Corridor technical correc- (a) SHORT TITLE.—This Act may be cited as Eightmile River, Connecticut. tions. Sec. 475. New Jersey Coastal Heritage trail the ‘‘Consolidated Natural Resources Act of Subtitle F—Denali National Park and route extension of authoriza- 2008’’. Alaska Railroad Exchange tion. (b) TABLE OF CONTENTS.—The table of con- Sec. 351. Denali National Park and Alaska Subtitle F—Studies tents of this Act is as follows: Railroad Corporation exchange. Sec. 1. Short title; table of contents. Sec. 481. Columbia-Pacific National Herit- Subtitle G—National Underground Railroad TITLE I—FOREST SERVICE age Area study. Network to Freedom Amendments AUTHORIZATIONS Sec. 482. Study of sites relating to Abraham Sec. 361. Authorizing appropriations for spe- Lincoln in Kentucky. Sec. 101. Wild Sky Wilderness. cific purposes. Sec. 102. Designation of national rec- TITLE V—BUREAU OF RECLAMATION reational trail, Willamette Na- Subtitle H—Grand Canyon Subcontractors AND UNITED STATES GEOLOGICAL tional Forest, Oregon, in honor Sec. 371. Definitions. SURVEY AUTHORIZATIONS of Jim Weaver, a former Mem- Sec. 372. Authorization. Sec. 501. Alaska water resources study. ber of the House of Representa- TITLE IV—NATIONAL HERITAGE AREAS Sec. 502. Renegotiation of payment schedule, Redwood Valley County tives. Subtitle A—Journey Through Hallowed Water District. TITLE II—BUREAU OF LAND Ground National Heritage Area MANAGEMENT AUTHORIZATIONS Sec. 503. American River Pump Station Sec. 401. Purposes. Project transfer. Sec. 201. Piedras Blancas Historic Light Sta- Sec. 402. Definitions. Sec. 504. Arthur V. Watkins Dam enlarge- tion. Sec. 403. Designation of the Journey ment. Sec. 202. Jupiter Inlet Lighthouse Out- Through Hallowed Ground Na- Sec. 505. New Mexico water planning assist- standing Natural Area. tional Heritage Area. ance. Sec. 203. Nevada National Guard land con- Sec. 404. Management plan. Sec. 506. Conveyance of certain buildings veyance, Clark County, Nevada. Sec. 405. Evaluation; report. and lands of the Yakima TITLE III—NATIONAL PARK SERVICE Sec. 406. Local coordinating entity. Project, Washington. AUTHORIZATIONS Sec. 407. Relationship to other Federal agen- Sec. 507. Conjunctive use of surface and Subtitle A—Cooperative Agreements cies. groundwater in Juab County, Sec. 408. Private property and regulatory Sec. 301. Cooperative agreements for na- Utah. protections. Sec. 508. Early repayment of A & B Irriga- tional park natural resource Sec. 409. Authorization of appropriations. protection. tion District construction Sec. 410. Use of Federal funds from other costs. Subtitle B—Boundary Adjustments and sources. Sec. 509. Oregon water resources. Authorizations Sec. 411. Sunset for grants and other assist- Sec. 510. Republican River Basin feasibility Sec. 311. Carl Sandburg Home National His- ance. study. toric Site boundary adjust- Subtitle B—Niagara Falls National Heritage Sec. 511. Eastern Municipal Water District. ment. Area Sec. 512. Bay Area regional water recycling Sec. 312. Lowell National Historical Park Sec. 421. Purposes. program. Sec. 513. Bureau of Reclamation site secu- boundary adjustment. Sec. 422. Definitions. Sec. 313. Minidoka National Historic Site. Sec. 423. Designation of the Niagara Falls rity. Sec. 314. Acadia National Park improve- Sec. 514. More water, more energy, and less National Heritage Area. waste. ment. Sec. 424. Management plan. Sec. 515. Platte River Recovery Implementa- Subtitle C—Studies Sec. 425. Evaluation; report. tion Program and Pathfinder Sec. 321. National Park System special re- Sec. 426. Local coordinating entity. Modification Project authoriza- source study, Newtonia Civil Sec. 427. Niagara Falls Heritage Area Com- tion. War Battlefields, Missouri. mission. Sec. 516. Central Oklahoma Master Conserv- Sec. 322. National Park Service study re- Sec. 428. Relationship to other Federal agen- atory District feasibility study. garding the Soldiers’ Memorial cies. Military Museum. Sec. 429. Private property and regulatory TITLE VI—DEPARTMENT OF ENERGY Sec. 323. Wolf House study. protections. AUTHORIZATIONS Sec. 324. Space Shuttle Columbia study. Sec. 430. Authorization of appropriations. Sec. 601. Energy technology transfer. Sec. 325. Ce´sar E. Cha´ vez study. Sec. 431. Use of Federal funds from other Sec. 602. Amendments to the Steel and Alu- Sec. 326. Taunton, Massachusetts, special resources. minum Energy Conservation source study. Sec. 432. Sunset for grants and other assist- and Technology Competitive- Sec. 327. Rim of the Valley Corridor study. ance. ness Act of 1988.

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0655 E:\CR\FM\K29AP7.020 H29APPT1 smartinez on PROD1PC64 with HOUSE H2774 CONGRESSIONAL RECORD — HOUSE April 29, 2008 TITLE VII—NORTHERN MARIANA designated by this section, any reference in ment of this Act, offers to the Secretary of ISLANDS the Wilderness Act to the effective date of Agriculture approximately 371.8 acres within Subtitle A—Immigration, Security, and the Wilderness Act shall be deemed to be a the Mt. Baker-Snoqualmie National Forest Labor reference to the date of enactment of this in the State of Washington, the Secretary Act. Sec. 701. Statement of congressional intent. shall accept such lands. (B) To fulfill the purposes of this section Sec. 702. Immigration reform for the Com- (2) Upon acceptance of title by the Sec- and the Wilderness Act and to achieve ad- monwealth. retary of Agriculture to such lands and in- Sec. 703. Further amendments to Public Law ministrative efficiencies, the Secretary of terests therein, the Secretary of Agriculture Agriculture may manage the area designated 94–241. shall convey to the Chelan County Public Sec. 704. Authorization of appropriations. by this section as a comprehensive part of Utility District a permanent easement, in- Sec. 705. Effective date. the larger complex of adjacent and nearby cluding helicopter access, consistent with wilderness areas. such levels as used as of the date of enact- Subtitle B—Northern Mariana Islands (2) NEW TRAILS.— ment of this Act, to maintain an existing te- Delegate (A) The Secretary of Agriculture shall con- lemetry site to monitor snow pack on 1.82 Sec. 711. Delegate to House of Representa- sult with interested parties and shall estab- acres on the Wenatchee National Forest in tives from Commonwealth of lish a trail plan for Forest Service lands in the State of Washington. the Northern Mariana Islands. order to develop— (3) The exchange directed by this section Sec. 712. Election of Delegate. (i) a system of hiking and equestrian trails shall be consummated if Chelan County Pub- Sec. 713. Qualifications for Office of Dele- within the wilderness designated by this sec- lic Utility District conveys title acceptable gate. tion in a manner consistent with the Wilder- to the Secretary and provided there is no Sec. 714. Determination of election proce- ness Act (16 U.S.C. 1131 et seq.); and hazardous material on the site, which is ob- dure. (ii) a system of trails adjacent to or to pro- jectionable to the Secretary. Sec. 715. Compensation, privileges, and im- vide access to the wilderness designated by (4) In the event Chelan County Public Util- munities. this section. ity District determines there is no longer a Sec. 716. Lack of effect on covenant. (B) Within 2 years after the date of enact- need to maintain a telemetry site to monitor Sec. 717. Definition. ment of this Act, the Secretary of Agri- the snow pack for calculating expected run- Sec. 718. Conforming amendments regarding culture shall complete a report on the imple- off into the Lake Chelan hydroelectric appointments to military serv- mentation of the trail plan required under project and the hydroelectric projects in the ice academies by Delegate from this section. This report shall include the Columbia River Basin, the Secretary shall be the Commonwealth of the identification of priority trails for develop- notified in writing and the easement shall be Northern Mariana Islands. ment. extinguished and all rights conveyed by this TITLE VIII—COMPACTS OF FREE (3) REPEATER SITE.—Within the Wild Sky exchange shall revert to the United States. Wilderness, the Secretary of Agriculture is ASSOCIATION AMENDMENTS SEC. 102. DESIGNATION OF NATIONAL REC- Sec. 801. Approval of Agreements. authorized to use helicopter access to con- REATIONAL TRAIL, WILLAMETTE NA- Sec. 802. Funds to facilitate Federal activi- struct and maintain a joint Forest Service TIONAL FOREST, OREGON, IN ties. and Snohomish County telecommunications HONOR OF JIM WEAVER, A FORMER Sec. 803. Conforming amendment. repeater site, in compliance with a Forest MEMBER OF THE HOUSE OF REP- Sec. 804. Clarifications regarding Palau. Service approved communications site plan, RESENTATIVES. Sec. 805. Availability of legal services. for the purposes of improving communica- (a) DESIGNATION.—Forest Service trail Sec. 806. Technical amendments. tions for safety, health, and emergency serv- number 3590 in the Willamette National For- Sec. 807. Transmission of videotape pro- ices. est in Lane County, Oregon, which is a 19.6 gramming. (4) FLOAT PLANE ACCESS.—As provided by mile trail that begins and ends at North Sec. 808. Palau road maintenance. section 4(d)(1) of the Wilderness Act (16 Waldo Campground and circumnavigates Sec. 809. Clarification of tax-free status of U.S.C. 1133(d)(1)), the use of floatplanes on Waldo Lake, is hereby designated as a na- trust funds. Lake Isabel, where such use has already be- tional recreation trail under section 4 of the Sec. 810. Transfer of naval vessels to certain come established, shall be permitted to con- National Trails System Act (16 U.S.C. 1243) foreign recipients. tinue subject to such reasonable restrictions and shall be known as the ‘‘Jim Weaver Loop Trail’’. TITLE I—FOREST SERVICE as the Secretary of Agriculture determines to be desirable. (b) INTERPRETIVE SIGN.—Using funds avail- AUTHORIZATIONS able for the Forest Service, the Secretary of (5) EVERGREEN MOUNTAIN LOOKOUT.—The SEC. 101. WILD SKY WILDERNESS. designation under this section shall not pre- Agriculture shall prepare, install, and main- (a) ADDITIONS TO THE NATIONAL WILDER- clude the operation and maintenance of the tain an appropriate sign at the trailhead of NESS PRESERVATION SYSTEM.— existing Evergreen Mountain Lookout in the the Jim Weaver Loop Trail to indicate the name of the trail and to provide information (1) ADDITIONS.—The following Federal same manner and degree in which the oper- regarding the life and career of Congressman lands in the State of Washington are hereby ation and maintenance of such lookout was Jim Weaver. designated as wilderness and, therefore, as occurring as of the date of enactment of this components of the National Wilderness Pres- Act. TITLE II—BUREAU OF LAND ervation System: certain lands which com- (c) AUTHORIZATION FOR LAND ACQUISITION.— MANAGEMENT AUTHORIZATIONS prise approximately 106,000 acres, as gen- (1) IN GENERAL.—The Secretary of Agri- SEC. 201. PIEDRAS BLANCAS HISTORIC LIGHT erally depicted on a map entitled ‘‘Wild Sky culture is authorized to acquire lands and in- STATION. Wilderness Proposal’’ and dated February 6, terests therein, by purchase, donation, or ex- (a) DEFINITIONS.—In this section: 2007, which shall be known as the ‘‘Wild Sky change, and shall give priority consideration (1) LIGHT STATION.—The term ‘‘Light Sta- Wilderness’’. to those lands identified as ‘‘Priority Acqui- tion’’ means Piedras Blancas Light Station. (2) MAP AND LEGAL DESCRIPTIONS.—As soon sition Lands’’ on the map described in sub- (2) OUTSTANDING NATURAL AREA.—The term as practicable after the date of enactment of section (a)(1). The boundaries of the Mt. ‘‘Outstanding Natural Area’’ means the this Act, the Secretary of Agriculture shall Baker-Snoqualmie National Forest and the Piedras Blancas Historic Light Station Out- file a map and a legal description for the wil- Wild Sky Wilderness shall be adjusted to en- standing Natural Area established pursuant derness area designated under this section compass any lands acquired pursuant to this to subsection (c). with the Committee on Energy and Natural section. (3) PUBLIC LANDS.—The term ‘‘public Resources of the Senate and the Committee (2) ACCESS.—Consistent with section 5(a) of lands’’ has the meaning stated in section on Natural Resources of the House of Rep- the Wilderness Act (16 U.S.C. 1134(a)), the 103(e) of the Federal Land Policy and Man- resentatives. The map and description shall Secretary of Agriculture shall ensure ade- agement Act of 1976 (43 U.S.C. 1703(e)). have the same force and effect as if included quate access to private inholdings within the (4) SECRETARY.—The term ‘‘Secretary’’ in this section, except that the Secretary of Wild Sky Wilderness. means the Secretary of the Interior. Agriculture may correct clerical and typo- (3) APPRAISAL.—Valuation of private lands (b) FINDINGS.—Congress finds as follows: graphical errors in the legal description and shall be determined without reference to any (1) The publicly owned Piedras Blancas map. The map and legal description shall be restrictions on access or use which arise out Light Station has nationally recognized his- on file and available for public inspection in of designation as a wilderness area as a re- torical structures that should be preserved the office of the Chief of the Forest Service, sult of this section. for present and future generations. Department of Agriculture. (d) LAND EXCHANGES.—The Secretary of (2) The coastline adjacent to the Light Sta- (b) ADMINISTRATION PROVISIONS.— Agriculture shall exchange lands and inter- tion is internationally recognized as having (1) IN GENERAL.— ests in lands, as generally depicted on a map significant wildlife and marine habitat that (A) Subject to valid existing rights, lands entitled ‘‘Chelan County Public Utility Dis- provides critical information to research in- designated as wilderness by this section shall trict Exchange’’ and dated May 22, 2002, with stitutions throughout the world. be managed by the Secretary of Agriculture the Chelan County Public Utility District in (3) The Light Station tells an important in accordance with the Wilderness Act (16 accordance with the following provisions: story about California’s coastal prehistory U.S.C. 1131 et seq.) and this section, except (1) If the Chelan County Public Utility Dis- and history in the context of the surrounding that, with respect to any wilderness areas trict, within 90 days after the date of enact- region and communities.

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.012 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2775 (4) The coastal area surrounding the Light that area, including an emphasis on pre- (B) exchange with a willing party; or Station was traditionally used by Indian serving and restoring the Light Station fa- (C) purchase from a willing seller. people, including the Chumash and Salinan cilities, consistent with the requirements of (7) ADDITIONS TO THE OUTSTANDING NATURAL Indian tribes. subsection (c)(3). AREA.—Any lands or interest in lands adja- (5) The Light Station is historically associ- (2) USES.—Subject to valid existing rights, cent to the Outstanding Natural Area ac- ated with the nearby world-famous Hearst the Secretary shall only allow such uses of quired by the United States after the date of Castle (Hearst San Simeon State Historical the Outstanding Natural Area as the Sec- enactment of this Act shall be added to and Monument), now administered by the State retary finds are likely to further the pur- administered as part of the Outstanding Nat- of California. poses for which the Outstanding Natural ural Area. (6) The Light Station represents a model Area is established as set forth in subsection (8) OVERFLIGHTS.—Nothing in this section partnership where future management can (c)(1). or the management plan shall be construed be successfully accomplished among the Fed- (3) MANAGEMENT PLAN.—Not later than 3 to— eral Government, the State of California, years after of the date of enactment of this (A) restrict or preclude overflights, includ- San Luis Obispo County, local communities, Act, the Secretary shall complete a coming low level overflights, military, commer- and private groups. prehensive management plan consistent with cial, and general aviation overflights that (7) Piedras Blancas Historic Light Station the requirements of section 202 of the Fed- can be seen or heard within the Outstanding Outstanding Natural Area would make a sig- eral Land Policy and Management Act of Natural Area; nificant addition to the National Landscape 1976 (43 U.S.C. 1712) to provide long-term (B) restrict or preclude the designation or Conservation System administered by the management guidance for the public lands creation of new units of special use airspace Department of the Interior’s Bureau of Land within the Outstanding Natural Area and or the establishment of military flight train- Management. fulfill the purposes for which it is estab- ing routes over the Outstanding Natural (8) Statutory protection is needed for the lished, as set forth in subsection (c)(1). The Area; or Light Station and its surrounding Federal management plan shall be developed in con- (C) modify regulations governing low-level lands to ensure that it remains a part of our sultation with appropriate Federal, State, overflights above the adjacent Monterey Bay historic, cultural, and natural heritage and and local government agencies, with full National Marine Sanctuary. to be a source of inspiration for the people of public participation, and the contents shall (9) LAW ENFORCEMENT ACTIVITIES.—Nothing the United States. include— in this section shall be construed to preclude (c) DESIGNATION OF THE PIEDRAS BLANCAS (A) provisions designed to ensure the pro- or otherwise affect coastal border security HISTORIC LIGHT STATION OUTSTANDING NAT- tection of the resources and values described operations or other law enforcement activi- URAL AREA.— in subsection (c)(1); ties by the Coast Guard or other agencies (1) IN GENERAL.—In order to protect, con- (B) objectives to restore the historic Light within the Department of Homeland Secu- serve, and enhance for the benefit and enjoy- Station and ancillary buildings; rity, the Department of Justice, or any other ment of present and future generations the (C) an implementation plan for a con- Federal, State, and local law enforcement unique and nationally important historical, tinuing program of interpretation and public agencies within the Outstanding Natural natural, cultural, scientific, educational, education about the Light Station and its Area. scenic, and recreational values of certain importance to the surrounding community; (10) NATIVE AMERICAN USES AND INTER- lands in and around the Piedras Blancas (D) a proposal for minimal administrative ESTS.—In recognition of the past use of the Light Station, in San Luis Obispo County, and public facilities to be developed or im- Outstanding Natural Area by Indians and In- California, while allowing certain rec- proved at a level compatible with achieving dian tribes for traditional cultural and reli- reational and research activities to continue, the resources objectives for the Outstanding gious purposes, the Secretary shall ensure there is established, subject to valid existing Natural Area as described in paragraph (1) access to the Outstanding Natural Area by rights, the Piedras Blancas Historic Light and with other proposed management activi- Indians and Indian tribes for such traditional Station Outstanding Natural Area. ties to accommodate visitors and researchers cultural and religious purposes. In imple- (2) MAPS AND LEGAL DESCRIPTIONS.—The to the Outstanding Natural Area; and menting this subsection, the Secretary, upon boundaries of the Outstanding Natural Area (E) cultural resources management strate- the request of an Indian tribe or Indian reli- as those shown on the map entitled ‘‘Piedras gies for the Outstanding Natural Area, pre- gious community, shall temporarily close to Blancas Historic Light Station: Outstanding pared in consultation with appropriate de- the general public use of one or more specific Natural Area’’, dated May 5, 2004, which shall partments of the State of California, with portions of the Outstanding Natural Area in be on file and available for public inspection emphasis on the preservation of the re- order to protect the privacy of traditional in the Office of the Director, Bureau of Land sources of the Outstanding Natural Area and cultural and religious activities in such Management, United States Department of the interpretive, education, and long-term areas by the Indian tribe or Indian religious the Interior, and the State office of the Bu- scientific uses of the resources, giving pri- community. Any such closure shall be made reau of Land Management in the State of ority to the enforcement of the Archae- to affect the smallest practicable area for California. ological Resources Protection Act of 1979 (16 the minimum period necessary for such pur- (3) BASIS OF MANAGEMENT.—The Secretary U.S.C. 470aa et seq.) and the National His- poses. Such access shall be consistent with shall manage the Outstanding Natural Area toric Preservation Act (16 U.S.C. 470 et seq.) the purpose and intent of Public Law 95–341 as part of the National Landscape Conserva- within the Outstanding Natural Area. (42 U.S.C. 1996 et seq.; commonly referred to tion System to protect the resources of the (4) COOPERATIVE AGREEMENTS.—In order to as the ‘‘American Indian Religious Freedom area, and shall allow only those uses that better implement the management plan and Act’’). further the purposes for the establishment of to continue the successful partnerships with (11) NO BUFFER ZONES.—The designation of the Outstanding Natural Area, the Federal the local communities and the Hearst San the Outstanding Natural Area is not in- Land Policy and Management Act of 1976 (43 Simeon State Historical Monument, admin- tended to lead to the creation of protective U.S.C. 1701 et seq.), and other applicable istered by the California Department of perimeters or buffer zones around area. The laws. Parks and Recreation, the Secretary may fact that activities outside the Outstanding (4) WITHDRAWAL.—Subject to valid existing enter into cooperative agreements with the Natural Area and not consistent with the rights, and in accordance with the existing appropriate Federal, State, and local agen- purposes of this section can be seen or heard withdrawal as set forth in Public Land Order cies pursuant to section 307(b) of the Federal within the Outstanding Natural Area shall 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Land Management Policy and Management not, of itself, preclude such activities or uses Register 52149), the Federal lands and inter- Act of 1976 (43 U.S.C. 1737(b)). up to the boundary of the Outstanding Nat- ests in lands included within the Out- (5) RESEARCH ACTIVITIES.—In order to con- ural Area. standing Natural Area are hereby withdrawn tinue the successful partnership with re- (e) AUTHORIZATION OF APPROPRIATIONS.— from— search organizations and agencies and to as- There are authorized to be appropriated such (A) all forms of entry, appropriation, or sist in the development and implementation sums as are necessary to carry out this sec- disposal under the public land laws; of the management plan, the Secretary may tion. (B) location, entry, and patent under the authorize within the Outstanding Natural SEC. 202. JUPITER INLET LIGHTHOUSE OUT- public land mining laws; and Area appropriate research activities for the STANDING NATURAL AREA. (C) operation of the mineral leasing and purposes identified in subsection (c)(1) and (a) DEFINITIONS.—In this section: geothermal leasing laws and the mineral ma- pursuant to section 307(a) of the Federal (1) COMMANDANT.—The term ‘‘Com- terials laws. Land Policy and Management Act of 1976 (43 mandant’’ means the Commandant of the (d) MANAGEMENT OF THE PIEDRAS BLANCAS U.S.C. 1737(a)). Coast Guard. HISTORIC LIGHT STATION OUTSTANDING NAT- (6) ACQUISITION.—State and privately held (2) LIGHTHOUSE.—The term ‘‘Lighthouse’’ URAL AREA.— lands or interests in lands adjacent to the means the Jupiter Inlet Lighthouse located (1) IN GENERAL.—The Secretary shall man- Outstanding Natural Area and identified as in Palm Beach County, Florida. age the Outstanding Natural Area in a man- appropriate for acquisition in the manage- (3) LOCAL PARTNERS.—The term ‘‘Local ner that conserves, protects, and enhances ment plan may be acquired by the Secretary Partners’’ includes— the unique and nationally important histor- as part of the Outstanding Natural Area only (A) Palm Beach County, Florida; ical, natural, cultural, scientific, edu- by— (B) the Town of Jupiter, Florida; cational, scenic, and recreational values of (A) donation; (C) the Village of Tequesta, Florida; and

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(D) the Loxahatchee River Historical Soci- (2) CONSULTATION; PUBLIC PARTICIPATION.— (2) USES.—Subject to valid existing rights ety. The management plan shall be developed— and subsection (e), the Secretary shall only (4) MANAGEMENT PLAN.—The term ‘‘man- (A) in consultation with appropriate Fed- allow uses of the Outstanding Natural Area agement plan’’ means the management plan eral, State, county, and local government that the Secretary, in consultation with the developed under subsection (c)(1). agencies, the Commandant, the Local Part- Commandant and Local Partners, deter- (5) MAP.—The term ‘‘map’’ means the map ners, and other partners; and mines would likely further the purposes for entitled ‘‘Jupiter Inlet Lighthouse Out- (B) in a manner that ensures full public which the Outstanding Natural Area is es- standing Natural Area’’ and dated October participation. tablished. 29, 2007. (3) EXISTING PLANS.—The management plan (3) COOPERATIVE AGREEMENTS.—To facili- (6) OUTSTANDING NATURAL AREA.—The term shall, to the maximum extent practicable, be tate implementation of the management ‘‘Outstanding Natural Area’’ means the Jupi- consistent with existing resource plans, poli- plan and to continue the successful partner- ter Inlet Lighthouse Outstanding Natural cies, and programs. ships with local communities and other part- Area established by subsection (b)(1). (4) INCLUSIONS.—The management plan ners, the Secretary may, in accordance with (7) PUBLIC LAND.—The term ‘‘public land’’ shall include— section 307(b) of the Federal Land Manage- has the meaning given the term ‘‘public (A) objectives and provisions to ensure— ment Policy and Management Act of 1976 (43 lands’’ in section 103(e) of the Federal Land (i) the protection and conservation of the U.S.C. 1737(b)), enter into cooperative agree- Policy and Management Act of 1976 (43 resource values of the Outstanding Natural ments with the appropriate Federal, State, U.S.C. 1702(e)). Area; and county, other local government agencies, (8) SECRETARY.—The term ‘‘Secretary’’ (ii) the restoration of native plant commu- and other partners (including the means the Secretary of the Interior. nities and estuaries in the Outstanding Nat- Loxahatchee River Historical Society) for (9) STATE.—The term ‘‘State’’ means the ural Area, with an emphasis on the conserva- the long-term management of the Out- State of Florida. tion and enhancement of healthy, func- standing Natural Area. (4) RESEARCH ACTIVITIES.—To continue suc- (b) ESTABLISHMENT OF THE JUPITER INLET tioning ecological systems in perpetuity; cessful research partnerships, pursue future LIGHTHOUSE OUTSTANDING NATURAL AREA.— (B) objectives and provisions to maintain research partnerships, and assist in the de- (1) ESTABLISHMENT.—Subject to valid exist- or recreate historic structures; ing rights, there is established for the pur- (C) an implementation plan for a program velopment and implementation of the management plan, the Secretary may, in accord- poses described in paragraph (2) the Jupiter of interpretation and public education about ance with section 307(a) of the Federal Land Inlet Lighthouse Outstanding Natural Area, the natural and cultural resources of the Policy and Management Act of 1976 (43 the boundaries of which are depicted on the Lighthouse, the public land surrounding the U.S.C. 1737(a)), authorize the conduct of ap- map. Lighthouse, and associated structures; propriate research activities in the Out- (2) PURPOSES.—The purposes of the Out- (D) a proposal for administrative and pub- standing Natural Area for the purposes de- standing Natural Area are to protect, con- lic facilities to be developed or improved scribed in subsection (b)(2). serve, and enhance the unique and nationally that— (5) ACQUISITION OF LAND.— important historic, natural, cultural, sci- (i) are compatible with achieving the resource objectives for the Outstanding Nat- (A) IN GENERAL.—Subject to subparagraph entific, educational, scenic, and recreational (B), the Secretary may acquire for inclusion ural Area described in subsection values of the Federal land surrounding the in the Outstanding Natural Area any State (d)(1)(A)(ii); and Lighthouse for the benefit of present genera- or private land or any interest in State or (ii) would accommodate visitors to the tions and future generations of people in the private land that is— Outstanding Natural Area; United States, while— (i) adjacent to the Outstanding Natural (E) natural and cultural resource manage- (A) allowing certain recreational and re- Area; and ment strategies for the Outstanding Natural search activities to continue in the Out- (ii) identified in the management plan as Area, to be developed in consultation with standing Natural Area; and appropriate for acquisition. appropriate departments of the State, the (B) ensuring that Coast Guard operations (B) MEANS OF ACQUISITION.—Land or an in- Local Partners, and the Commandant, with and activities are unimpeded within the terest in land may be acquired under sub- an emphasis on resource conservation in the boundaries of the Outstanding Natural Area. paragraph (A) only by donation, exchange, or Outstanding Natural Area and the interpre- (3) AVAILABILITY OF MAP.—The map shall purchase from a willing seller with donated tive, educational, and long-term scientific be on file and available for public inspection or appropriated funds. uses of the resources; and in appropriate offices of the Bureau of Land (C) ADDITIONS TO THE OUTSTANDING NAT- (F) recreational use strategies for the Out- Management. URAL AREA.—Any land or interest in land ad- standing Natural Area, to be prepared in (4) WITHDRAWAL.— jacent to the Outstanding Natural Area ac- consultation with the Local Partners, appro- (A) IN GENERAL.—Subject to valid existing quired by the United States after the date of priate departments of the State, and the rights, subsection (e), and any existing with- enactment of this Act under subparagraph Coast Guard, with an emphasis on passive drawals under the Executive orders and pub- (A) shall be added to, and administered as recreation. lic land order described in subparagraph (B), part of, the Outstanding Natural Area. (5) INTERIM PLAN.—Until a management the Federal land and any interests in the (6) LAW ENFORCEMENT ACTIVITIES.—Nothing plan is adopted for the Outstanding Natural Federal land included in the Outstanding in this section, the management plan, or the Area, the Jupiter Inlet Coordinated Resource Natural Area are withdrawn from— Jupiter Inlet Coordinated Resource Manage- Management Plan (including any updates or (i) all forms of entry, appropriation, or dis- ment Plan (including any updates or amend- amendments to the Jupiter Inlet Coordi- posal under the public land laws; ments to the Jupiter Inlet Coordinated Re- nated Resource Management Plan) shall be (ii) location, entry, and patent under the source Management Plan) precludes, pro- in effect. mining laws; and hibits, or otherwise affects— (iii) operation of the mineral leasing and (d) MANAGEMENT OF THE JUPITER INLET (A) any maritime security, maritime safe- geothermal leasing laws and the mineral ma- LIGHTHOUSE OUTSTANDING NATURAL AREA.— ty, or environmental protection mission or terials laws. (1) MANAGEMENT.— activity of the Coast Guard; (B) DESCRIPTION OF EXECUTIVE ORDERS.— (A) IN GENERAL.—The Secretary, in con- (B) any border security operation or law The Executive orders and public land order sultation with the Local Partners and the enforcement activity by the Department of described in subparagraph (A) are— Commandant, shall manage the Outstanding Homeland Security or the Department of (i) the Executive Order dated October 22, Natural Area— Justice; or 1854; (i) as part of the National Landscape Con- (C) any law enforcement activity of any (ii) Executive Order No. 4254 (June 12, 1925); servation System; Federal, State, or local law enforcement and (ii) in a manner that conserves, protects, agency in the Outstanding Natural Area. (iii) Public Land Order No. 7202 (61 Fed. and enhances the unique and nationally im- (7) FUTURE DISPOSITION OF COAST GUARD FA- Reg. 29758). portant historical, natural, cultural, sci- CILITIES.—If the Commandant determines, (c) MANAGEMENT PLAN.— entific, educational, scenic, and recreational after the date of enactment of this Act, that (1) IN GENERAL.—Not later than 3 years values of the Outstanding Natural Area, in- Coast Guard facilities within the Out- after the date of enactment of this Act, the cluding an emphasis on the restoration of standing Natural Area exceed the needs of Secretary, in consultation with the Com- native ecological systems; and the Coast Guard, the Commandant may re- mandant, shall develop a comprehensive (iii) in accordance with the Federal Land linquish the facilities to the Secretary with- management plan in accordance with section Policy and Management Act of 1976 (43 out removal, subject only to any environ- 202 of the Federal Land Policy and Manage- U.S.C. 1701 et seq.) and other applicable laws. mental remediation that may be required by ment Act of 1976 (43 U.S.C. 1712) to— (B) LIMITATION.—In managing the Out- law. (A) provide long-term management guid- standing Natural Area, the Secretary shall (e) EFFECT ON ONGOING AND FUTURE COAST ance for the public land in the Outstanding not take any action that precludes, pro- GUARD OPERATIONS.—Nothing in this section, Natural Area; and hibits, or otherwise affects the conduct of the management plan, or the Jupiter Inlet (B) ensure that the Outstanding Natural ongoing or future Coast Guard operations or Coordinated Resource Management Plan (in- Area fulfills the purposes for which the Out- activities on lots 16 and 18, as depicted on cluding updates or amendments to the Jupi- standing Natural Area is established. the map. ter Inlet Coordinated Resource Management

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(3) the continued and future use of, access (6) ensure that any expenditure by the Sec- to, maintenance of, and, as may be neces- retary pursuant to the agreement is deter- SEC. 313. MINIDOKA NATIONAL HISTORIC SITE. sitated for Coast Guard missions, the expan- mined by the Secretary to support the pur- sion, enhancement, or replacement of, the poses of natural resource stewardship at a (a) DEFINITIONS.—In this section: pier on lot 18; unit of the National Park System; and (1) SECRETARY.—The term ‘‘Secretary’’ (4) the existing lease of the Jupiter Inlet (7) include such other terms and conditions means the Secretary of the Interior. Lighthouse on lot 18 from the Coast Guard to as are agreed to by the Secretary and the (2) STATE.—The term ‘‘State’’ means the the Loxahatchee River Historical Society; or other parties to the agreement. State of Idaho. (5) any easements or other less-than-fee in- (c) LIMITATIONS.—The Secretary shall not (b) BAINBRIDGE ISLAND JAPANESE AMERICAN terests in property appurtenant to existing use any funds associated with an agreement MEMORIAL.— entered into under subsection (a) for the pur- Coast Guard facilities on lots 16 and 18. (1) BOUNDARY ADJUSTMENT.— UTHORIZATION OF PPROPRIATIONS poses of land acquisition, regulatory activ- (f) A A .— (A) IN GENERAL.—The boundary of the ity, or the development, maintenance, or op- There are authorized to be appropriated such Minidoka Internment National Monument, eration of infrastructure, except for ancil- sums as are necessary to carry out this sec- located in the State and established by Pres- tion. lary support facilities that the Secretary de- idential Proclamation 7395 of January 17, termines to be necessary for the completion SEC. 203. NEVADA NATIONAL GUARD LAND CON- 2001, is adjusted to include the Nidoto Nai VEYANCE, CLARK COUNTY, NEVADA. of projects or activities identified in the Yoni (‘‘Let it not happen again’’) memorial (a) IN GENERAL.—Notwithstanding any agreement. other provision of law, Clark County, Ne- (d) AUTHORIZATION OF APPROPRIATIONS.— (referred to in this subsection as the ‘‘memo- vada, may convey, without consideration, to There are authorized to be appropriated such rial’’), which— the Nevada Division of State Lands for use sums as are necessary to carry out this sec- (i) commemorates the Japanese Americans by the Nevada National Guard approxi- tion. of Bainbridge Island, Washington, who were mately 51 acres of land in Clark County, Ne- Subtitle B—Boundary Adjustments and the first to be forcibly removed from their vada, as generally depicted on the map enti- Authorizations homes and relocated to internment camps tled ‘‘Southern Nevada Readiness Center SEC. 311. CARL SANDBURG HOME NATIONAL HIS- during World War II under Executive Order Act’’ and dated October 4, 2005. TORIC SITE BOUNDARY ADJUST- No. 9066; and (b) LIMITATION.—If the land described in MENT. (ii) consists of approximately 8 acres of subsection (a) ceases to be used by the Ne- (a) DEFINITIONS.—In this section: land owned by the City of Bainbridge Island, vada National Guard, the land shall revert to (1) HISTORIC SITE.—The term ‘‘Historic Washington, as depicted on the map entitled Clark County, Nevada, for management in Site’’ means Carl Sandburg Home National ‘‘Bainbridge Island Japanese American Me- accordance with the Southern Nevada Public Historic Site. morial’’, numbered 194/80,003, and dated Sep- Land Management Act of 1998 (Public Law (2) MAP.—The term ‘‘map’’ means the map tember, 2006. 105–263; 112 Stat. 2343). entitled ‘‘Sandburg Center Alternative’’ (B) MAP.—The map referred to in subpara- TITLE III—NATIONAL PARK SERVICE numbered 445/80,017 and dated April 2007. graph (A) shall be kept on file and made AUTHORIZATIONS (3) SECRETARY.—The term ‘‘Secretary’’ available for public inspection in the appro- means the Secretary of the Interior. Subtitle A—Cooperative Agreements priate offices of the National Park Service. (b) ACQUISITION AUTHORITY.—The Secretary (2) ADMINISTRATION OF MEMORIAL.— SEC. 301. COOPERATIVE AGREEMENTS FOR NA- may acquire from willing sellers by dona- (A) IN GENERAL.—The memorial shall be TIONAL PARK NATURAL RESOURCE tion, purchase with donated or appropriated PROTECTION. administered as part of the Minidoka Intern- funds, or exchange not more than 110 acres of (a) IN GENERAL.—The Secretary of the In- land, water, or interests in land and water, ment National Monument. terior (referred to in this section as the within the area depicted on the map, to be (B) AGREEMENTS.—To carry out this sub- ‘‘Secretary’’) may enter into cooperative added to the Historic Site. section, the Secretary may enter into agree- agreements with State, local, or tribal gov- (c) VISITOR CENTER.—To preserve the his- ments with— ernments, other Federal agencies, other pub- toric character and landscape of the site, the (i) the City of Bainbridge Island, Wash- lic entities, educational institutions, private Secretary may also acquire up to five acres ington; nonprofit organizations, or participating pri- for the development of a visitor center and (ii) the Bainbridge Island Metropolitan vate landowners for the purpose of pro- visitor parking area adjacent to or in the Park and Recreational District; tecting natural resources of units of the Na- general vicinity of the Historic Site. (iii) the Bainbridge Island Japanese Amer- tional Park System through collaborative (d) BOUNDARY REVISION.—Upon acquisition ican Community Memorial Committee; efforts on land inside and outside of National of any land or interest in land under this sec- (iv) the Bainbridge Island Historical Soci- Park System units. tion, the Secretary shall revise the boundary ety; and (b) TERMS AND CONDITIONS.—A cooperative of the Historic Site to reflect the acquisi- (v) other appropriate individuals or enti- agreement entered into under subsection (a) tion. ties. shall provide clear and direct benefits to (e) AVAILABILITY OF MAP.—The map shall park natural resources and— (C) IMPLEMENTATION.—To implement an be on file and available for public inspection agreement entered into under this para- (1) provide for— in the appropriate offices of the National graph, the Secretary may— (A) the preservation, conservation, and res- Park Service. (i) enter into a cooperative management toration of coastal and riparian systems, wa- (f) ADMINISTRATION.—Land added to the tersheds, and wetlands; Historic Site by this section shall be admin- agreement relating to the operation and (B) preventing, controlling, or eradicating istered as part of the Historic Site in accord- maintenance of the memorial with the City invasive exotic species that are within a unit ance with applicable laws and regulations. of Bainbridge Island, Washington, in accord- of the National Park System or adjacent to SEC. 312. LOWELL NATIONAL HISTORICAL PARK ance with section 3(l) of Public law 91–383 (16 a unit of the National Park System; or BOUNDARY ADJUSTMENT. U.S.C. 1a–2(l)); and (C) restoration of natural resources, in- The Act entitled ‘‘An Act to provide for (ii) enter into cooperative agreements cluding native wildlife habitat or eco- the establishment of the Lowell National with, or make grants to, the City of Bain- systems; Historical Park in the Commonwealth of bridge Island, Washington, and other non- (2) include a statement of purpose dem- Massachusetts, and for other purposes’’ ap- Federal entities for the development of fa- onstrating how the agreement will— proved June 5, 1978 (Public Law 95–290; 92 cilities, infrastructure, and interpretive (A) enhance science-based natural resource Stat. 290; 16 U.S.C. 410cc et seq.) is amended media at the memorial, if any Federal funds stewardship at the unit of the National Park as follows: provided by a grant or through a cooperative System; and (1) In section 101(a), by adding a new para- agreement are matched with non-Federal (B) benefit the parties to the agreement; graph after paragraph (2) as follows: funds.

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(D) ADMINISTRATION AND VISITOR USE (ii) laws (including regulations) generally scribed in Appendix A of the Agreement, sub- SITE.—The Secretary may operate and main- applicable to units of the National Park Sys- ject to valid existing rights; tain a site in the State of Washington for ad- tem, including— (ii) to the city of Gooding, located in ministrative and visitor use purposes associ- (I) the National Park Service Organic Act Gooding County, of the State, all right, title, ated with the Minidoka Internment National (16 U.S.C. 1 et seq.); and and interest in and to the 5.0 acres of land Monument. (II) the Act of August 21, 1935 (16 U.S.C. 461 and improvements described in Appendix D (c) ESTABLISHMENT OF MINIDOKA NATIONAL et seq.). of the Agreement; and HISTORIC SITE.— (B) INTERPRETATION AND EDUCATION.— (iii) to the Idaho Department of Fish and (1) DEFINITIONS.—In this section: (i) IN GENERAL.—The Secretary shall inter- Game all right, title, and interest in and to (A) HISTORIC SITE.—The term ‘‘Historic pret— the 39.72 acres of land and improvements de- Site’’ means the Minidoka National Historic (I) the story of the relocation of Japanese scribed in Appendix D of the Agreement. Site established by paragraph (2)(A). Americans during World War II to the (B) COMPLIANCE WITH AGREEMENT.—All par- Minidoka Relocation Center and other cen- (B) MINIDOKA MAP.—The term ‘‘Minidoka ties to the conveyance under subparagraph Map’’ means the map entitled ‘‘Minidoka Na- ters across the United States; (A) shall comply with the terms and conditional Historic Site, Proposed Boundary (II) the living conditions of the relocation tions of the Agreement, to the extent con- Map’’, numbered 194/80,004, and dated Decem- centers; sistent with this section. (III) the work performed by the internees ber 2006. (3) COMPLIANCE WITH OTHER LAWS.— at the relocation centers; and (2) ESTABLISHMENT.— (A) IN GENERAL.—On conveyance of the (IV) the contributions to the United States (A) NATIONAL HISTORIC SITE.—In order to land and improvements under paragraph military made by Japanese Americans who protect, preserve, and interpret the resources (2)(A)(i), the District shall comply with all had been interned. associated with the former Minidoka Reloca- applicable Federal, State, and local laws (in- (ii) ORAL HISTORIES.—To the extent fea- tion Center where Japanese Americans were cluding regulations) in the operation of each sible, the collection of oral histories and incarcerated during World War II, there is facility transferred. testimonials from Japanese Americans who established the Minidoka National Historic (B) APPLICABLE AUTHORITY.—Nothing in were confined shall be a part of the interpre- this subsection modifies or otherwise affects Site. tive program at the Historic Site. (B) MINIDOKA INTERNMENT NATIONAL MONU- the applicability of Federal reclamation law (iii) COORDINATION.—The Secretary shall MENT.— coordinate the development of interpretive (the Act of June 17, 1902 (32 Stat. 388, chapter (i) IN GENERAL.—The Minidoka Internment and educational materials and programs for 1093), and Acts supplemental to and amend- National Monument (referred to in this sub- the Historic Site with the Manzanar Na- atory of that Act (43 U.S.C. 371 et seq.)) to section as the ‘‘Monument)’’, as described in tional Historic Site in the State of Cali- project water provided to the District. Presidential Proclamation 7395 of January fornia. (4) REVOCATION OF WITHDRAWALS.— 17, 2001, is abolished. (C) BAINBRIDGE ISLAND JAPANESE AMERICAN (A) IN GENERAL.—The portions of the Sec- (ii) INCORPORATION.—The land and any in- MEMORIAL.—The Bainbridge Island Japanese retarial Orders dated March 18, 1908, October terests in the land at the Monument are in- American Memorial shall be administered in 7, 1908, September 29, 1919, October 22, 1925, corporated within, and made part of, the His- accordance with subsection (b)(2). March 29, 1927, July 23, 1927, and May 7, 1963, toric Site. (D) CONTINUED AGRICULTURAL USE.—In withdrawing the approximately 6,900 acres (iii) FUNDS.—Any funds available for pur- keeping with the historical use of the land described in Appendix E of the Agreement poses of the Monument shall be available for following the decommission of the Minidoka for the purpose of the Gooding Division of the Historic Site. Relocation Center, the Secretary may issue the Minidoka Project, are revoked. (C) REFERENCES.—Any reference in a law a special use permit or enter into a lease to (B) MANAGEMENT OF WITHDRAWN LAND.— (other than in this title), map, regulation, allow agricultural uses within the Historic The Secretary, acting through the Director document, record, or other paper of the Site under appropriate terms and conditions, of the Bureau of Land Management, shall United States to the ‘‘Minidoka Internment as determined by the Secretary. manage the withdrawn land described in sub- National Monument’’ shall be considered to (6) DISCLAIMER OF INTEREST IN LAND.— paragraph (A) subject to valid existing be a reference to the ‘‘Minidoka National (A) IN GENERAL.—The Secretary may issue rights. Historic Site’’. to Jerome County, Idaho, a document of dis- (5) LIABILITY.— (3) BOUNDARY OF HISTORIC SITE.— claimer of interest in land for the parcel (A) IN GENERAL.—Subject to subparagraph (A) BOUNDARY.—The boundary of the His- identified as ‘‘Tract No. 2’’— (B), upon completion of a conveyance under toric Site shall include— (i) in the final order of condemnation, for paragraph (2), the United States shall not be (i) approximately 292 acres of land, as de- the case numbered 2479, filed on January 31, liable for damages of any kind for any injury picted on the Minidoka Map; and 1947, in the District Court of the United arising out of an act, omission, or occurrence (ii) approximately 8 acres of land, as de- States, in and for the District of Idaho, relating to the land (including any improve- scribed in subsection (b)(1)(A)(ii). Southern Division; and ments to the land) conveyed under the con- (B) AVAILABILITY OF MAP.—The Minidoka (ii) on the Minidoka Map. veyance. Map shall be on file and available for public (B) PROCESS.—The Secretary shall issue (B) EXCEPTION.—Subparagraph (A) shall inspection in the appropriate offices of the the document of disclaimer of interest in not apply to liability for damages resulting National Park Service. land under subsection (a) in accordance with from an injury caused by any act of neg- (4) LAND TRANSFERS AND ACQUISITION.— section 315(b) of Federal Land Policy and ligence committed by the United States (or (A) TRANSFER FROM BUREAU OF RECLAMA- Management Act of 1976 (43 U.S.C. 1745(b)). by any officer, employee, or agent of the TION.—Administrative jurisdiction over the (C) EFFECT.—The issuance by the Sec- United States) before the date of completion land identified on the Minidoka Map as retary of the document of disclaimer of in- of the conveyance. ‘‘BOR parcel 1’’ and ‘‘BOR parcel 2’’, includ- terest in land under subsection (a) shall have (C) FEDERAL TORT CLAIMS ACT.—Nothing in ing any improvements on, and appurtenances the same effect as a quit-claim deed issued this paragraph increases the liability of the to, the parcels, is transferred from the Bu- by the United States. United States beyond that provided in chap- reau of Reclamation to the National Park (d) CONVEYANCE OF AMERICAN FALLS RES- ter 171 of title 28, United States Code. Service for inclusion in the Historic Site. ERVOIR DISTRICT NUMBER 2.— (6) FUTURE BENEFITS.— (B) TRANSFER FROM BUREAU OF LAND MAN- (1) DEFINITIONS.—In this subsection: (A) RESPONSIBILITY OF THE DISTRICT.—After AGEMENT.—Administrative jurisdiction over (A) AGREEMENT.—The term ‘‘Agreement’’ completion of the conveyance of land and the land identified on the Minidoka Map as means Agreement No. 5–07–10–L1688 between improvements to the District under para- ‘‘Public Domain Lands’’ is transferred from the United States and the District, entitled graph (2)(A)(i), and consistent with the the Bureau of Land Management to the Na- ‘‘Agreement Between the United States and Agreement, the District shall assume respon- tional Park Service for inclusion in the His- the American Falls Reservoir District No. 2 sibility for all duties and costs associated toric Site, and the portions of any prior Sec- to Transfer Title to the Federally Owned with the operation, replacement, mainte- retarial orders withdrawing the land are re- Milner-Gooding Canal and Certain Property nance, enhancement, and betterment of the voked. Rights, Title and Interest to the American transferred land (including any improve- (C) ACQUISITION AUTHORITY.—The Secretary Falls Reservoir District No. 2’’. ments to the land). may acquire any land or interest in land lo- (B) DISTRICT.—The term ‘‘District’’ means (B) ELIGIBILITY FOR FEDERAL FUNDING.— cated within the boundary of the Historic the American Falls Reservoir District No. 2, (i) IN GENERAL.—Except as provided in Site, as depicted on the Minidoka Map, by— located in Jerome, Lincoln, and Gooding clause (ii), the District shall not be eligible (i) donation; Counties, of the State. to receive Federal funding to assist in any (ii) purchase with donated or appropriated (2) AUTHORITY TO CONVEY TITLE.— activity described in subparagraph (A) relat- funds from a willing seller; or (A) IN GENERAL.—In accordance with all ap- ing to land and improvements transferred (iii) exchange. plicable law and the terms and conditions set under paragraph (2)(A)(i). (5) ADMINISTRATION.— forth in the Agreement, the Secretary may (ii) EXCEPTION.—Clause (i) shall not apply (A) IN GENERAL.—The Historic Site shall be convey— to any funding that would be available to a administered in accordance with— (i) to the District all right, title, and inter- similarly situated nonreclamation district, (i) this Act; and est in and to the land and improvements de- as determined by the Secretary.

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(7) NATIONAL ENVIRONMENTAL POLICY ACT.— terms and conditions, with State and local of the House of Representatives and the Before completing any conveyance under agencies, and nonprofit organizations— Committee on Energy and Natural Resources this subsection, the Secretary shall complete ‘‘(1) to provide exhibits, interpretive serv- of the Senate a report containing— all actions required under— ices (including employing individuals to pro- (1) the results of the study; and (A) the National Environmental Policy Act vide such services), and technical assistance; (2) any conclusions and recommendations of 1969 (42 U.S.C. 4321 et seq.); ‘‘(2) to conduct activities that facilitate of the Secretary. (B) the Endangered Species Act of 1973 (16 the dissemination of information relating to SEC. 322. NATIONAL PARK SERVICE STUDY RE- U.S.C. 1531 et seq.); the Park and the Island Explorer transit sys- GARDING THE SOLDIERS’ MEMORIAL (C) the National Historic Preservation Act tem or any successor transit system; MILITARY MUSEUM. (16 U.S.C. 470 et seq.); and ‘‘(3) to provide financial assistance for the (a) FINDINGS.—Congress finds as follows: (D) all other applicable laws (including construction of the intermodal transpor- (1) The Soldiers’ Memorial is a tribute to regulations). tation center in exchange for space in the all veterans located in the greater St. Louis (8) PAYMENT.— center that is sufficient to interpret the area, including Southern Illinois. (A) FAIR MARKET VALUE REQUIREMENT.—As Park; and (2) The current annual budget for the me- a condition of the conveyance under para- ‘‘(4) to assist with the operation and main- morial is $185,000 and is paid for exclusively graph (2)(A)(i), the District shall pay the fair tenance of the intermodal transportation by the City of St. Louis. market value for the withdrawn lands to be center. (3) In 1923, the City of St. Louis voted to acquired by the District, in accordance with ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— spend $6,000,000 to purchase a memorial plaza the terms of the Agreement. ‘‘(1) IN GENERAL.—There are authorized to and building dedicated to citizens of St. (B) GRANT FOR BUILDING REPLACEMENT.—As be appropriated to the Secretary not more Louis who lost their lives in World War I. soon as practicable after the date of enact- than 40 percent of the total cost necessary to (4) The purchase of the 7 block site ex- ment of this Act, and in full satisfaction of carry out this section (including planning, hausted the funds and no money remained to the Federal obligation to the District for the design and construction of the intermodal construct a monument. replacement of the structure in existence on transportation center). (5) In 1933, Mayor Bernard F. Dickmann ap- that date of enactment that is to be trans- ‘‘(2) OPERATIONS AND MAINTENANCE.—There pealed to citizens and the city government ferred to the National Park Service for in- are authorized to be appropriated to the Sec- to raise $1,000,000 to construct a memorial clusion in the Minidoka National Historic retary not more than 85 percent of the total building and general improvement of the Site, the Secretary, acting through the Com- cost necessary to maintain and operate the plaza area and the construction of Soldiers’ missioner of Reclamation, shall provide to intermodal transportation center.’’. Memorial began on October 21, 1935. (6) On October 14, 1936, President Franklin the District a grant in the amount of $52,996, Subtitle C—Studies in accordance with the terms of the Agree- D. Roosevelt officially dedicated the site. SEC. 321. NATIONAL PARK SYSTEM SPECIAL RE- ment. (7) On Memorial Day in 1938, Mayor SOURCE STUDY, NEWTONIA CIVIL Dickmann opened the building to the public. (e) AUTHORIZATION OF APPROPRIATIONS.— WAR BATTLEFIELDS, MISSOURI. There are authorized to be appropriated such (b) STUDY.—The Secretary of the Interior (a) SPECIAL RESOURCE STUDY.—The Sec- shall carry out a study to determine the sums as are necessary to carry out this secretary of the Interior shall conduct a special tion. suitability and feasibility of designating the resource study relating to the First Battle of Soldiers’ Memorial Military Museum, lo- SEC. 314. ACADIA NATIONAL PARK IMPROVE- Newtonia in Newton County, Missouri, which MENT. cated at 1315 Chestnut, St. Louis, Missouri, occurred on September 30, 1862, and the Sec- as a unit of the National Park System. (a) EXTENSION OF LAND CONVEYANCE AU- ond Battle of Newtonia, which occurred on (c) STUDY PROCESS AND COMPLETION.—Sec- THORITY.—Section 102(d) of Public Law 99–420 October 28, 1864, during the Missouri Expedi- tion 8(c) of Public Law 91–383 (16 U.S.C. 1a– (16 U.S.C. 341 note) is amended by striking tion of Confederate General Sterling Price in 5(c)) shall apply to the conduct and comple- paragraph (2) and inserting the following: September and October 1864. tion of the study required by this section. ‘‘(2) Federally owned property under juris- (b) CONTENTS.—In conducting the study (d) REPORT.—The Secretary shall submit a diction of the Secretary referred to in para- under subsection (a), the Secretary shall— report describing the results the study re- graph (1) of this subsection shall be conveyed (1) evaluate the national significance of quired by this section to the Committee on to the towns in which the property is located the Newtonia battlefields and their related Natural Resources of the House of Rep- without encumbrance and without monetary sites; resentatives and the Committee on Energy consideration, except that no town shall be (2) consider the findings and recommenda- and Natural Resources of the Senate. eligible to receive such lands unless lands tions contained in the document entitled SEC. 323. WOLF HOUSE STUDY. within the Park boundary and owned by the ‘‘Vision Plan for Newtonia Battlefield Pres- (a) IN GENERAL.—The Secretary shall com- town have been conveyed to the Secretary.’’. ervation’’ and dated June 2004, which was plete a special resource study of the Wolf (b) EXTENSION OF ACADIA NATIONAL PARK prepared by the Newtonia Battlefields Pro- House located on Highway 5 in Norfork, Ar- ADVISORY COMMISSION.— tection Association; kansas, to determine— (1) IN GENERAL.—Section 103(f) of Public (3) evaluate the suitability and feasibility (1) the suitability and feasibility of desig- Law 99–420 (16 U.S.C. 341 note) is amended by of adding the battlefields and related sites as nating the Wolf House as a unit of the Na- striking ‘‘20’’ and inserting ‘‘40’’. part of Wilson’s Creek National Battlefield tional Park System; and (2) EFFECTIVE DATE.—The amendment or designating the battlefields and related (2) the methods and means for the protec- made by paragraph (1) shall take effect on sites as a unit of the National Park System; tion and interpretation of the Wolf House by September 25, 2006. (4) analyze the potential impact that the the National Park Service, other Federal, (c) AUTHORIZATION OF APPROPRIATIONS.— inclusion of the battlefields and related sites State, or local government entities or pri- Section 106 of Public Law 99–420 (16 U.S.C. 341 as part of Wilson’s Creek National Battle- vate or non-profit organizations. note) is amended by adding the following: field or their designation as a unit of the Na- (b) STUDY REQUIREMENTS.—The Secretary ‘‘(c) ADDITIONAL FUNDING.—In addition to tional Park System is likely to have on land shall conduct the study in accordance with such sums as have been heretofore appro- within or bordering the battlefields and re- section 8(c) of Public Law 91–383 (16 U.S.C. priated, there is hereby authorized $10,000,000 lated sites that is privately owned at the 1a–5). for acquisition of lands and interests there- time of the study is conducted; (c) REPORT.—Not later than 3 years after in.’’. (5) consider alternatives for preservation, the date on which funds are made available (d) INTERMODAL TRANSPORTATION CENTER.— protection, and interpretation of the battle- to carry out this section, the Secretary shall Title I of Public Law 99–420 (16 U.S.C. 341 fields and related sites by the National Park submit to the Committee on Natural Re- note) is amended by adding at the end the Service, other Federal, State, or local gov- sources of the House of Representatives and following new section: ernmental entities, or private and nonprofit the Committee on Energy and Natural Re- ‘‘SEC. 108. INTERMODAL TRANSPORTATION CEN- organizations; and sources of the Senate a report containing— TER. (6) identify cost estimates for any nec- (1) the results of the study; and ‘‘(a) IN GENERAL.—The Secretary may pro- essary acquisition, development, interpreta- (2) any recommendations of the Secretary. vide assistance in the planning, construction, operation, and maintenance associated SEC. 324. SPACE SHUTTLE COLUMBIA STUDY. tion, and operation of an intermodal trans- with the alternatives referred to in para- (a) DEFINITIONS.—In this section: portation center located outside of the graph (5). (1) MEMORIAL.—The term ‘‘memorial’’ boundary of the Park in the town of Trenton, (c) CRITERIA.—The criteria for the study of means a memorial to the Space Shuttle Co- Maine to improve the management, interpre- areas for potential inclusion in the National lumbia that is subject to the study in sub- tation, and visitor enjoyment of the Park. Park System contained in section 8 of Public section (b). ‘‘(b) AGREEMENTS.—To carry out sub- Law 91–383 (16 U.S.C. 1a–5) shall apply to the (2) SECRETARY.—The term ‘‘Secretary’’ section (a), in administering the intermodal study under subsection (a). means the Secretary of the Interior, acting transportation center, the Secretary may (d) TRANSMISSION TO CONGRESS.—Not later through the Director of the National Park enter into interagency agreements with than three years after the date on which Service. other Federal agencies, and, notwithstanding funds are first made available for the study (b) STUDY OF SUITABILITY AND FEASIBILITY chapter 63 of title 31, United States Code, co- under subsection (a), the Secretary shall sub- OF ESTABLISHING MEMORIALS TO THE SPACE operative agreements, under appropriate mit to the Committee on Natural Resources SHUTTLE COLUMBIA.—

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(1) IN GENERAL.—Not later than 3 years priate organizations, shall conduct a special to carry out this title, the Secretary shall after the date on which funds are made avail- resources study regarding the suitability and submit to the Committee on Natural Re- able, the Secretary shall conduct a special feasibility of designating certain historic sources of the House of Representatives and resource study to determine the feasibility buildings and areas in Taunton, Massachu- the Committee on Energy and Natural Re- and suitability of establishing a memorial as setts, as a unit of the National Park System. sources of the Senate a report containing— a unit or units of the National Park System The study shall be conducted and completed (1) the results of the study; and to the Space Shuttle Columbia on land in the in accordance with section 8(c) of Public Law (2) any recommendations of the Secretary. State of Texas described in paragraph (2) on 91–383 (16 U.S.C. 1a–5(c)) and shall include Subtitle D—Memorials, Commissions, and which large debris from the Shuttle was re- analysis, documentation, and determinations Museums covered. regarding whether the historic areas in SEC. 331. COMMEMORATIVE WORK TO HONOR (2) DESCRIPTION OF LAND.—The parcels of Taunton— BRIGADIER GENERAL FRANCIS MAR- land referred to in paragraph (1) are— (1) can be managed, curated, interpreted, ION AND HIS FAMILY. (A) the parcel of land owned by the Fre- restored, preserved, and presented as an or- (a) FINDINGS.—The Congress finds the fol- donia Corporation, located at the southeast ganic whole under management by the Na- lowing: corner of the intersection of East Hospital tional Park Service or under an alternative (1) Francis Marion was born in 1732 in St. Street and North Fredonia Street, management structure; John’s Parish, Berkeley County, South Caro- Nacogdoches, Texas; (2) have an assemblage of natural, historic, lina. He married Mary Esther Videau on (B) the parcel of land owned by Temple In- and cultural resources that together rep- April 20th, 1786. Francis and Mary Esther land Inc., 10 acres of a 61-acre tract bounded resent distinctive aspects of American herit- Marion had no children, but raised a son of by State Highway 83 and Bayou Bend Road, age worthy of recognition, conservation, in- a relative as their own, and gave the child Hemphill, Texas; terpretation, and continuing use; Francis Marion’s name. (C) the parcel of land owned by the city of (3) reflect traditions, customs, beliefs, and (2) Brigadier General Marion commanded Lufkin, Texas, located at City Hall Park, 301 historical events that are valuable parts of the Williamsburg Militia Revolutionary Charlton Street, Lufkin, Texas; and the national story; force in South Carolina and was instru- (D) the parcel of land owned by San Augus- (4) provide outstanding opportunities to mental in delaying the advance of British tine County, Texas, located at 1109 Oaklawn conserve natural, historic, cultural, archi- forces by leading his troops in disrupting Street, San Augustine, Texas. tectural, or scenic features; supply lines. (3) ADDITIONAL SITES.—The Secretary may (5) provide outstanding recreational and (3) Brigadier General Marion’s tactics, recommend to Congress additional sites in educational opportunities; and which were unheard of in rules of warfare at the State of Texas relating to the Space (6) can be managed by the National Park the time, included lightning raids on British Shuttle Columbia for establishment as me- Service in partnership with residents, busi- convoys, after which he and his forces would morials to the Space Shuttle Columbia. ness interests, nonprofit organizations, and retreat into the swamps to avoid capture. SEC. 325. CE´ SAR E. CHA´ VEZ STUDY. State and local governments to develop a British Lieutenant Colonel Tarleton stated that ‘‘as for this damned old swamp fox, the (a) IN GENERAL.—Not later than 3 years unit of the National Park System consistent devil himself could not catch him’’. Thus, after the date on which funds are made avail- with State and local economic activity. the legend of the ‘‘Swamp Fox’’ was born. able to carry out this section, the Secretary (b) REPORT.—Not later than 3 fiscal years (4) His victory at the Battle of Eutaw of the Interior (referred to in this section as after the date on which funds are first made Springs in September of 1781 was officially the ‘‘Secretary’’) shall complete a special re- available for this section, the Secretary recognized by Congress. source study of sites in the State of Arizona, shall submit to the Committee on Natural (5) Brigadier General Marion’s troops are the State of California, and other States Resources of the House of Representatives believed to be the first racially integrated that are significant to the life of Ce´sar E. and the Committee on Energy and Natural force fighting for the United States, as his Cha´ vez and the farm labor movement in the Resources of the Senate a report on the find- band was a mix of Whites, Blacks, both free western United States to determine— ings, conclusions, and recommendations of and slave, and Native Americans. (1) appropriate methods for preserving and the study required under subsection (a). (6) As a statesman, he represented his par- interpreting the sites; and (c) PRIVATE PROPERTY.—The recommenda- ish in the South Carolina senate as well as (2) whether any of the sites meets the cri- tions in the report submitted pursuant to his State at the Constitutional Convention. teria for listing on the National Register of subsection (b) shall include discussion and (7) Although the Congress has authorized Historic Places or designation as a national consideration of the concerns expressed by the establishment of commemorative works historic landmark under— private landowners with respect to desig- on Federal lands in the District of Columbia (A) the Act of August 21, 1935 (16 U.S.C. 461 nating certain structures referred to in this honoring such celebrated Americans as et seq.); or section as a unit of the National Park Sys- George Washington, Thomas Jefferson, and (B) the National Historic Preservation Act tem. Abraham Lincoln, the National Capital has (16 U.S.C. 470 et seq.). SEC. 327. RIM OF THE VALLEY CORRIDOR STUDY. no comparable memorial to Brigadier Gen- (b) REQUIREMENTS.—In conducting the (a) IN GENERAL.—The Secretary of the In- eral Francis Marion for his bravery and lead- study under subsection (a), the Secretary terior (referred to in this section as the ership during the Revolutionary War, with- shall— ‘‘Secretary’’) shall complete a special re- out which the United States would not exist. (1) consider the criteria for the study of source study of the area known as the Rim of (8) Brigadier General Marion’s legacy must areas for potential inclusion in the National the Valley Corridor, generally including the live on. Since 1878, United States Reserva- Park System under section 8(b)(2) of Public mountains encircling the San Fernando, La tion 18 has been officially referred to as Mar- Law 91–383 (16 U.S.C. 1a–5(b)(2)); and Crescenta, Santa Clarita, Simi, and Conejo ion Park. Located between 4th and 6th (2) consult with— Valleys in California, to determine— Streets, S.E., at the intersection of E Street (A) the Ce´sar E. Cha´ vez Foundation; (1) the suitability and feasibility of desig- and South Carolina Avenue, S.E., in Wash- (B) the United Farm Workers Union; and nating all or a portion of the corridor as a ington, DC, the park lacks a formal com- (C) State and local historical associations unit of the Santa Monica Mountains Na- memoration to this South Carolina hero who and societies, including any State historic tional Recreation Area; and was important to the initiation of the Na- preservation offices in the State in which the (2) the methods and means for the protection’s heritage. site is located. tion and interpretation of this corridor by (9) The time has come to correct this over- (c) REPORT.—On completion of the study, the National Park Service, other Federal, sight so that future generations of Ameri- the Secretary shall submit to the Committee State, or local government entities or pri- cans will know and understand the pre- on Natural Resources of the House of Rep- vate or non-profit organizations. eminent historical and lasting significance resentatives and the Committee on Energy (b) DOCUMENTATION.—In conducting the to the Nation of Brigadier General Marion’s and Natural Resources of the Senate a report study authorized under subsection (a), the contributions. Such a South Carolina hero that describes— Secretary shall document— deserves to be given the proper recognition. (1) the findings of the study; and (1) the process used to develop the existing (b) AUTHORITY TO ESTABLISH COMMEMORA- (2) any recommendations of the Secretary. Santa Monica Mountains National Recre- TIVE WORK.—The Marion Park Project, a (d) AUTHORIZATION OF APPROPRIATIONS.— ation Area Fire Management Plan and Envi- committee of the Palmetto Conservation There are authorized to be appropriated such ronmental Impact Statement (September Foundation, may establish a commemora- sums as are necessary to carry out this sec- 2005); and tive work on Federal land in the District of tion. (2) all activity conducted pursuant to the Columbia and its environs to honor Brigadier SEC. 326. TAUNTON, MASSACHUSETTS, SPECIAL plan referred to in paragraph (1) designed to General Francis Marion and his service. RESOURCE STUDY. protect lives and property from wildfire. (c) COMPLIANCE WITH STANDARDS FOR COM- (a) IN GENERAL.—The Secretary of the In- (c) STUDY REQUIREMENTS.—The Secretary MEMORATIVE WORKS.—The commemorative terior (referred to in this section as the shall conduct the study in accordance with work authorized by subsection (b) shall be ‘‘Secretary’’), in consultation with the ap- section 8(c) of Public Law 91–383 (16 U.S.C. established in accordance with chapter 89 of propriate State historic preservation offi- 1a–5). title 40, United States Code (commonly cers, State historical societies, the city of (d) REPORT.—Not later than 3 years after known as the ‘‘Commemorative Works Taunton, Massachusetts, and other appro- the date on which funds are made available Act’’).

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(d) USE OF FEDERAL FUNDS PROHIBITED.— ‘‘(B) ARCHITECT.—The Commission may ap- ‘‘(B) NON-APPLICABILITY TO CERTAIN SERV- Federal funds may not be used to pay any ex- point an architect as an agent of the Com- ICES.—This paragraph shall not apply to pense of the establishment of the commemo- mission to— services under subsection (j)(1)(A)(iv). rative work authorized by subsection (b). ‘‘(i) represent the Commission on various ‘‘(7) VOLUNTEER SERVICES.— The Marion Park Project, a committee of governmental source selection and planning ‘‘(A) IN GENERAL.—Notwithstanding section the Palmetto Conservation Foundation, boards on the selection of the firms that will 1342 of title 31, United States Code, the Com- shall be solely responsible for acceptance of design and construct the memorial; and mission may accept and utilize the services contributions for, and payment of the ex- ‘‘(ii) perform other duties as designated by of volunteers serving without compensation. penses of, the establishment of that com- the Chairperson of the Commission. ‘‘(B) REIMBURSEMENT.—The Commission memorative work. ‘‘(C) TREATMENT.—An authorized member may reimburse such volunteers for local (e) DEPOSIT OF EXCESS FUNDS.—If, upon or agent of the Commission (including an in- travel and office supplies, and for other trav- payment of all expenses of the establishment dividual appointed under subparagraph (B)) el expenses, including per diem in lieu of of the commemorative work authorized by providing services to the Commission shall subsistence, as authorized by section 5703 of subsection (b) (including the maintenance be considered an employee of the Federal title 5, United States Code. and preservation amount provided for in sec- Government in the performance of those ‘‘(C) LIABILITY.— tion 8906(b) of title 40, United States Code), services for the purposes of chapter 171 of ‘‘(i) IN GENERAL.—Subject to clause (ii), a or upon expiration of the authority for the title 28, United States Code, relating to tort volunteer described in subparagraph (A) commemorative work under chapter 89 of claims. shall be considered to be a volunteer for pur- title 40, United States Code, there remains a ‘‘(5) TRAVEL.—Each member of the Com- poses of the Volunteer Protection Act of 1997 balance of funds received for the establish- mission shall be allowed travel expenses, in- (42 U.S.C. 14501 et seq.). ment of that commemorative work, the Mar- cluding per diem in lieu of subsistence, at ‘‘(ii) EXCEPTION.—Section 4(d) of the Vol- ion Park Project, a committee of the Pal- rates authorized for employees of agencies unteer Protection Act of 1997 (42 U.S.C. metto Conservation Foundation, shall trans- under subchapter I of chapter 57 of title 5, 14503(d)) shall not apply for purposes of a mit the amount of the balance to the Sec- United States Code, while away from their claim against a volunteer described in sub- retary of the Treasury for deposit in the ac- homes or regular places of business in the paragraph (A). count provided for in section 8906(b)(1) of performance of services for the Commis- ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— such title. sion.’’; There are authorized to be appropriated such (f) DEFINITIONS.—For the purposes of this (2) by redesignating subsection (o) as sub- sums as necessary to carry out this sec- section, the terms ‘‘commemorative work’’ section (q); and tion.’’. and ‘‘the District of Columbia and its envi- (3) by adding after subsection (n) the fol- SEC. 333. COMMISSION TO STUDY THE POTEN- rons’’ have the meanings given to such terms lowing: TIAL CREATION OF A NATIONAL MU- in section 8902(a) of title 40, United States SEUM OF THE AMERICAN LATINO. ‘‘(o) STAFF AND SUPPORT SERVICES.— Code. (a) ESTABLISHMENT OF COMMISSION.— ‘‘(1) EXECUTIVE DIRECTOR.—There shall be SEC. 332. DWIGHT D. EISENHOWER MEMORIAL (1) IN GENERAL.—There is established the COMMISSION. an Executive Director appointed by the Com- Commission to Study the Potential Creation Section 8162 of the Department of Defense mission to be paid at a rate not to exceed the of a National Museum of the American Appropriations Act, 2000 (Public Law 106–79; maximum rate of basic pay for level IV of Latino (hereafter in this section referred to 113 Stat. 1274) is amended— the Executive Schedule. as the ‘‘Commission’’). (1) by striking subsection (j) and inserting ‘‘(2) STAFF.— (2) MEMBERSHIP.—The Commission shall the following: ‘‘(A) IN GENERAL.—The staff of the Com- consist of 23 members appointed not later mission may be appointed and terminated ‘‘(j) POWERS OF THE COMMISSION.— than 6 months after the date of enactment of ‘‘(1) IN GENERAL.— without regard to the provisions of title 5, this Act as follows: ‘‘(A) POWERS.—The Commission may— United States Code, governing appointments (A) The President shall appoint 7 voting ‘‘(i) make such expenditures for services in the competitive service, and may be paid members. and materials for the purpose of carrying out without regard to the provisions of chapter (B) The Speaker of the House of Represent- this section as the Commission considers ad- 51 and subchapter III of chapter 53 of that atives, the Minority Leader of the House of visable from funds appropriated or received title, relating to classification and General Representatives, the Majority Leader of the as gifts for that purpose; Schedule pay rates, except that an individual Senate, and the Minority Leader of the Sen- ‘‘(ii) solicit and accept contributions to be appointed under this paragraph may not re- ate shall each appoint 3 voting members. used in carrying out this section or to be ceive pay in excess of the maximum rate of (C) In addition to the members appointed used in connection with the construction or basic pay for GS–15 of the General Schedule. under subparagraph (B), the Speaker of the other expenses of the memorial; ‘‘(B) SENIOR STAFF.—Notwithstanding sub- House of Representatives, the Minority ‘‘(iii) hold hearings and enter into con- paragraph (A), not more than 3 staff employ- Leader of the House of Representatives, the tracts; ees of the Commission (in addition to the Ex- Majority Leader of the Senate, and the Mi- ‘‘(iv) enter into contracts for specialized or ecutive Director) may be paid at a rate not nority Leader of the Senate shall each ap- professional services as necessary to carry to exceed the maximum rate of basic pay for point 1 nonvoting member. out this section; and level IV of the Executive Schedule. (3) QUALIFICATIONS.—Members of the Com- ‘‘(v) take such actions as are necessary to ‘‘(3) STAFF OF FEDERAL AGENCIES.—On re- mission shall be chosen from among individ- carry out this section. quest of the Commission, the head of any uals, or representatives of institutions or en- ‘‘(B) SPECIALIZED OR PROFESSIONAL SERV- Federal department or agency may detail tities, who possess either— ICES.—Services under subparagraph (A)(iv) any of the personnel of the department or (A) a demonstrated commitment to the re- may be— agency to the Commission to assist the Com- search, study, or promotion of American ‘‘(i) obtained without regard to the provi- mission to carry out its duties under this Latino life, art, history, political or eco- sions of title 5, United States Code, including section. nomic status, or culture, together with— section 3109 of that title; and ‘‘(4) FEDERAL SUPPORT.—The Commission (i) expertise in museum administration; ‘‘(ii) may be paid without regard to the shall obtain administrative and support serv- (ii) expertise in fundraising for nonprofit provisions of title 5, United States Code, in- ices from the General Services Administra- or cultural institutions; cluding chapter 51 and subchapter III of tion on a reimbursable basis. The Commis- (iii) experience in the study and teaching chapter 53 of that title. sion may use all contracts, schedules, and of Latino culture and history at the post-sec- ‘‘(2) GIFTS OF PROPERTY.—The Commission acquisition vehicles allowed to external cli- ondary level; may accept gifts of real or personal property ents through the General Services Adminis- (iv) experience in studying the issue of the to be used in carrying out this section, in- tration. Smithsonian Institution’s representation of cluding to be used in connection with the ‘‘(5) COOPERATIVE AGREEMENTS.—The Com- American Latino art, life, history, and cul- construction or other expenses of the memo- mission may enter into cooperative agree- ture; or rial. ments with Federal agencies, State, local, (v) extensive experience in public or elect- ‘‘(3) FEDERAL COOPERATION.—At the request tribal and international governments, and ed service; or of the Commission, a Federal department or private interests and organizations which (B) experience in the administration of, or agency may provide any information or will further the goals and purposes of this the planning for the establishment of, muse- other assistance to the Commission that the section. ums devoted to the study and promotion of head of the Federal department or agency ‘‘(6) TEMPORARY, INTERMITTENT, AND PART- the role of ethnic, racial, or cultural groups determines to be appropriate. TIME SERVICES.— in American history. ‘‘(4) POWERS OF MEMBERS AND AGENTS.— ‘‘(A) IN GENERAL.—The Commission may (b) FUNCTIONS OF THE COMMISSION.— ‘‘(A) IN GENERAL.—If authorized by the obtain temporary, intermittent, and part- (1) PLAN OF ACTION FOR ESTABLISHMENT AND Commission, any member or agent of the time services under section 3109 of title 5, MAINTENANCE OF MUSEUM.—The Commission Commission may take any action that the United States Code, at rates not to exceed shall submit a report to the President and Commission is authorized to take under this the maximum annual rate of basic pay pay- the Congress containing its recommenda- section. able under section 5376 of that title. tions with respect to a plan of action for the

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establishment and maintenance of a Na- (1) DEADLINE.—The Commission shall sub- (iii) 4 members shall be appointed by the tional Museum of the American Latino in mit final versions of the reports and plans Secretary from among individuals who, on Washington, DC (hereafter in this section re- required under subsection (b) not later than the date of enactment of this Act, are— ferred to as the ‘‘Museum’’). 24 months after the date of the Commission’s (I) serving as members of the Lake Cham- (2) FUNDRAISING PLAN.—The Commission first meeting. plain Quadricentennial Commission of the shall develop a fundraising plan for sup- (2) TERMINATION.—The Commission shall State of Vermont; and porting the creation and maintenance of the terminate not later than 30 days after sub- (II) residents of the State of Vermont; and Museum through contributions by the Amer- mitting the final versions of reports and (iv) 1 member shall be appointed by the ican people, and a separate plan on fund- plans pursuant to paragraph (1). Secretary, and shall be an individual who raising by the American Latino community. (e) AUTHORIZATION OF APPROPRIATIONS.— has— (3) REPORT ON ISSUES.—The Commission There are authorized to be appropriated for (I) an interest in, support for, and expertise shall examine (in consultation with the Sec- carrying out the activities of the Commis- appropriate with respect to, the Champlain retary of the Smithsonian Institution), and sion $2,100,000 for the first fiscal year begin- commemoration; and submit a report to the President and the ning after the date of enactment of this Act (II) knowledge relating to the history of Congress on, the following issues: and $1,100,000 for the second fiscal year be- the Champlain Valley. (A) The availability and cost of collections ginning after the date of enactment of this (B) TERM; VACANCIES.— to be acquired and housed in the Museum. Act. (i) TERM.—A member of the Champlain (B) The impact of the Museum on regional Commission shall be appointed for the life of Hispanic- and Latino-related museums. SEC. 334. HUDSON-FULTON-CHAMPLAIN the Champlain Commission. (C) Possible locations for the Museum in QUADRICENTENNIAL COMMEMORA- (ii) VACANCIES.—A vacancy on the Cham- Washington, DC and its environs, to be con- TION COMMISSION. plain Commission shall be filled in the same sidered in consultation with the National (a) COORDINATION.—Each commission es- manner in which the original appointment Capital Planning Commission and the Com- tablished under this section shall coordinate was made. mission of Fine Arts, the Department of the with the other respective commission estab- (3) DUTIES.—The Champlain Commission Interior and Smithsonian Institution. lished under this section to ensure that com- shall— (D) Whether the Museum should be located memorations of Henry Hudson, Robert Ful- (A) plan, develop, and execute programs within the Smithsonian Institution. ton, and Samuel de Champlain are— (E) The governance and organizational (1) consistent with the plans and programs and activities appropriate to commemorate structure from which the Museum should op- of the commemorative commissions estab- the 400th anniversary of the voyage of Sam- erate. lished by the States of New York and uel de Champlain, the first European to dis- (F) How to engage the American Latino Vermont; and cover and explore Lake Champlain; community in the development and design of (2) well-organized and successful. (B) facilitate activities relating to the the Museum. Champlain Quadricentennial throughout the (b) DEFINITIONS.—In this section: (G) The cost of constructing, operating, United States; (1) CHAMPLAIN COMMEMORATION.—The term (C) coordinate the activities of the Cham- and maintaining the Museum. ‘‘Champlain commemoration’’ means the EGISLATION TO CARRY OUT PLAN OF AC- plain Commission with— (4) L commemoration of the 400th anniversary of TION.—Based on the recommendations con- (i) State commemoration commissions; the voyage of Samuel de Champlain. tained in the report submitted under para- (ii) appropriate Federal agencies; (2) CHAMPLAIN COMMISSION.—The term graph (1) and the report submitted under (iii) the Lake Champlain Basin Program; ‘‘Champlain Commission’’ means the Cham- paragraph (3), the Commission shall submit (iv) the National Endowment for the Arts; plain Quadricentennial Commemoration for consideration to the Committee on and Commission established by subsection (c)(1). Transportation and Infrastructure of the (v) the Smithsonian Institution; (3) COMMISSION.—The term ‘‘Commission’’ House of Representatives, the Committee on (D) encourage civic, patriotic, historical, means each of the Champlain Commission House Administration of the House of Rep- educational, artistic, religious, economic, and the Hudson-Fulton Commission. resentatives, the Committee on Rules and and other organizations throughout the (4) HUDSON-FULTON COMMEMORATION.—The Administration of the Senate, the Com- United States to organize and participate in term ‘‘Hudson-Fulton commemoration’’ mittee on Natural Resources of the House of anniversary activities to expand the under- means the commemoration of— Representatives, the Committee on Energy (A) the 200th anniversary of the voyage of standing and appreciation of the significance and Natural Resources of the Senate, and the Robert Fulton in the Clermont; and of the voyage of Samuel de Champlain; Committees on Appropriations of the House (B) the 400th anniversary of the voyage of (E) provide technical assistance to States, of Representatives and the Senate rec- Henry Hudson in the Half Moon. localities, and nonprofit organizations to ommendations for a legislative plan of ac- further the Champlain commemoration; (5) HUDSON-FULTON COMMISSION.—The term tion to create and construct the Museum. ‘‘Hudson-Fulton Commission’’ means the (F) coordinate and facilitate for the public (5) NATIONAL CONFERENCE.—In carrying out Hudson-Fulton 400th Commemoration Com- scholarly research on, publication about, and its functions under this section, the Commis- mission established by subsection (d)(1). interpretation of, the voyage of Samuel de sion may convene a national conference on (6) LAKE CHAMPLAIN BASIN PROGRAM.—The Champlain; the Museum, comprised of individuals com- term ‘‘Lake Champlain Basin Program’’ (G) ensure that the Champlain 2009 anni- mitted to the advancement of American means the partnership established by section versary provides a lasting legacy and a long- Latino life, art, history, and culture, not 120 of the Federal Water Pollution Control term public benefit by assisting in the devel- later than 18 months after the commission Act (33 U.S.C. 1270) between the States of opment of appropriate programs and facili- members are selected. New York and Vermont and Federal agencies ties; (c) ADMINISTRATIVE PROVISIONS.— to carry out the Lake Champlain manage- (H) help ensure that the observances of the (1) FACILITIES AND SUPPORT OF DEPARTMENT ment plan entitled, ‘‘Opportunities for Ac- voyage of Samuel de Champlain are inclusive OF THE INTERIOR.—The Department of the In- and appropriately recognize the experiences terior shall provide from funds appropriated tion: An Evolving Plan for the Lake Cham- plain Basin’’. and heritage of all people present when Sam- for this purpose administrative services, fa- uel de Champlain arrived in the Champlain cilities, and funds necessary for the perform- (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. Valley; and ance of the Commission’s functions. These (I) consult and coordinate with the Lake (c) ESTABLISHMENT OF CHAMPLAIN COMMIS- funds shall be made available prior to any Champlain Basin Program and other rel- SION.— meetings of the Commission. evant organizations to plan and develop pro- (1) IN GENERAL.—There is established a (2) COMPENSATION.—Each member of the grams and activities to commemorate the commission to be known as the ‘‘Champlain Commission who is not an officer or em- voyage of Samuel de Champlain. ployee of the Federal Government may re- Quadricentennial Commemoration Commis- ceive compensation for each day on which sion’’. (d) ESTABLISHMENT OF HUDSON-FULTON the member is engaged in the work of the (2) MEMBERSHIP.— COMMISSION.— Commission, at a daily rate to be determined (A) COMPOSITION.—The Champlain Commis- (1) ESTABLISHMENT.—There is established a by the Secretary of the Interior. sion shall be composed of 10 members, of commission to be known as the ‘‘Hudson- (3) TRAVEL EXPENSES.—Each member shall whom— Fulton 400th Commemoration Commission’’. be entitled to travel expenses, including per (i) 1 member shall be the Director of the (2) MEMBERSHIP.— diem in lieu of subsistence, in accordance National Park Service (or a designee); (A) COMPOSITION.—The Hudson-Fulton with applicable provisions under subchapter (ii) 4 members shall be appointed by the Commission shall be composed of 15 mem- I of chapter 57 of title 5, United States Code. Secretary from among individuals who, on bers, of whom— (4) FEDERAL ADVISORY COMMITTEE ACT.— the date of enactment of this Act, are— (i) 1 member shall be the Director of the The Commission is not subject to the provi- (I) serving as members of the Hudson-Ful- National Park Service (or a designee); sions of the Federal Advisory Committee ton-Champlain Quadricentennial Commis- (ii) 1 member shall be appointed by the Act. sion of the State of New York; and Secretary, after considering the rec- (d) DEADLINE FOR SUBMISSION OF REPORTS; (II) residents of Champlain Valley, New ommendation of the Governor of the State of TERMINATION.— York; New York;

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.013 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2783 (iii) 6 members shall be appointed by the the development of appropriate programs tions to further the Champlain commemora- Secretary, after considering the rec- and facilities; and tion and Hudson-Fulton commemoration, as ommendations of the Members of the House (H) help ensure that the observances of applicable. of Representatives whose districts encom- Henry Hudson are inclusive and appro- (8) COORDINATION AND CONSULTATION WITH pass the Hudson River Valley; priately recognize the experiences and herit- LAKE CHAMPLAIN BASIN PROGRAM.—The Cham- (iv) 2 members shall be appointed by the age of all people present when Henry Hudson plain Commission shall coordinate and con- Secretary, after considering the rec- sailed the Hudson River. sult with the Lake Champlain Basin Pro- ommendations of the Members of the Senate (e) COMMISSION MEETINGS.— gram to provide grants and technical assist- from the State of New York; (1) INITIAL MEETING.—Not later than 30 ance under paragraphs (6)(A) and (7) for the (v) 2 members shall be— days after the date on which all members of development of activities commemorating (I) appointed by the Secretary; and a commission established under this section the voyage of Samuel de Champlain. (II) individuals who have an interest in, have been appointed, the applicable Commis- (g) COMMISSION PERSONNEL MATTERS.— support for, and expertise appropriate with sion shall hold an initial meeting. (1) COMPENSATION OF MEMBERS.— respect to, the Hudson-Fulton commemora- (2) MEETINGS.—A commission established (A) IN GENERAL.—Except as provided in under this section shall meet— tion, of whom— subparagraph (B), a member of the Commis- (A) at least twice each year; or (aa) 1 member shall be an individual with sion shall serve without compensation. expertise in the Hudson River Valley Na- (B) at the call of the Chairperson or the (B) FEDERAL EMPLOYEES.—A member of the tional Heritage Area; and majority of the members of the Commission. Commission who is an officer or employee of (bb) 1 member shall be an individual with (3) QUORUM.—A majority of voting mem- the Federal Government shall serve without expertise in the State of New York, as it re- bers shall constitute a quorum, but a lesser compensation in addition to the compensa- lates to the Hudson-Fulton commemoration; number may hold meetings. tion received for the services of the member (vi) 1 member shall be the Chairperson of a (4) CHAIRPERSON AND VICE CHAIRPERSON.— as an officer or employee of the Federal Gov- commemorative commission formed by the (A) ELECTION.—The Commission shall elect ernment. State of New York (or the designee of the the Chairperson and the Vice Chairperson of (2) TRAVEL EXPENSES.—A member of the Chairperson); and the Commission on an annual basis. Commission shall be allowed travel expenses, (vii) 2 members shall be appointed by the (B) ABSENCE OF THE CHAIRPERSON.—The Secretary, after— Vice Chairperson shall serve as the Chair- including per diem in lieu of subsistence, at (I) considering the recommendation of the person in the absence of the Chairperson. rates authorized for an employee of an agen- Mayor of the city of New York; and (5) VOTING.—A commission established cy under subchapter I of chapter 57 of title 5, (II) consulting the Members of the House of under this section shall act only on an af- United States Code, while away from the Representatives whose districts encompass firmative vote of a majority of the voting home or regular place of business of the the city of New York. members of the applicable Commission. member in the performance of the duties of (B) TERM; VACANCIES.— (f) COMMISSION POWERS.— the Commission. (i) TERM.—A member of the Hudson-Fulton (1) GIFTS.—The Commission may solicit, (3) STAFF.—The Commission may, without Commission shall be appointed for the life of accept, use, and dispose of gifts, bequests, or regard to the civil service laws (including the Hudson-Fulton Commission. devises of money or other property for aiding regulations), appoint and terminate an Exec- (ii) VACANCIES.—A vacancy on the Hudson- or facilitating the work of the Commission. utive Director and such other additional per- Fulton Commission shall be filled in the (2) APPOINTMENT OF ADVISORY COMMIT- sonnel as are necessary to enable the Com- same manner in which the original appoint- TEES.—The Commission may appoint such mission to perform the duties of the Com- ment was made. advisory committees as the Commission de- mission. (3) DUTIES.—The Hudson-Fulton Commis- termines to be necessary to carry out this (4) COMPENSATION.— sion shall— section. (A) IN GENERAL.—Except as provided in (A) plan, develop, and execute programs (3) AUTHORIZATION OF ACTION.—The Com- subparagraph (B), the Commission may fix and activities appropriate to commemo- mission may authorize any member or em- the compensation of the Executive Director rate— ployee of the Commission to take any action and other personnel without regard to the (i) the 400th anniversary of the voyage of that the Commission is authorized to take provisions of chapter 51 and subchapter III of Henry Hudson, the first European to sail up under this section. chapter 53 of title 5, United States Code, re- the Hudson River; and (4) PROCUREMENT.— lating to classification of positions and Gen- (ii) the 200th anniversary of the voyage of (A) IN GENERAL.—The Commission may eral Schedule pay rates. Robert Fulton, the first person to use steam procure supplies, services, and property, and (B) MAXIMUM RATE OF PAY.—The rate of navigation on a commercial basis; make or enter into contracts, leases, or pay for the Executive Director and other per- (B) facilitate activities relating to the other legal agreements, to carry out this sec- sonnel shall not exceed the rate payable for Hudson-Fulton-Champlain Quadricentennial tion (except that a contract, lease, or other level V of the Executive Schedule under sec- throughout the United States; legal agreement made or entered into by the tion 5316 of title 5, United States Code. (C) coordinate the activities of the Hudson- Commission shall not extend beyond the (5) DETAIL OF GOVERNMENT EMPLOYEES.— Fulton Commission with— date of termination of the Commission). (A) FEDERAL EMPLOYEES.— (i) State commemoration commissions; (B) LIMITATION.—The Commission may not (i) IN GENERAL.—At the request of the Com- (ii) appropriate Federal agencies; purchase real property. mission, the head of any Federal agency may (iii) the National Park Service, with re- (5) POSTAL SERVICES.—The Commission detail, on a reimbursable or nonreimbursable spect to the Hudson River Valley National may use the United States mails in the same basis, any of the personnel of the agency to Heritage Area; manner and under the same conditions as the Commission to assist the Commission in (iv) the American Heritage Rivers Initia- other agencies of the Federal Government. carrying out the duties of the Commission tive Interagency Committee established by (6) GRANTS.— under this section. Executive Order 13061, dated September 11, (A) CHAMPLAIN COMMISSION.—The Cham- (ii) CIVIL SERVICE STATUS.—The detail of an 1997; plain Commission may make grants in employee under clause (i) shall be without (v) the National Endowment for the Hu- amounts not to exceed $20,000— interruption or loss of civil service status or manities; (i) to communities, nonprofit organiza- privilege. (vi) the National Endowment for the Arts; tions, and State commemorative commis- (B) STATE EMPLOYEES.—The Commission and sions to develop programs to assist in the may— (vii) the Smithsonian Institution; Champlain commemoration; and (i) accept the services of personnel detailed (D) encourage civic, patriotic, historical, (ii) to research and scholarly organizations from the State of New York or the State of educational, artistic, religious, economic, to research, publish, or distribute informa- Vermont, as appropriate (including subdivi- and other organizations throughout the tion relating to the early history of the voy- sions of the States); and United States to organize and participate in age of Samuel de Champlain. (ii) reimburse the State of New York or the anniversary activities to expand the under- (B) HUDSON-FULTON COMMISSION.—The Hud- State of Vermont for services of detailed per- standing and appreciation of the significance son-Fulton Commission may make grants in sonnel. of the voyages of Henry Hudson and Robert amounts not to exceed $20,000— (C) LAKE CHAMPLAIN BASIN PROGRAM EM- Fulton; (i) to communities, nonprofit organiza- PLOYEES.—The Champlain Commission (E) provide technical assistance to States, tions, and State commemorative commis- may— localities, and nonprofit organizations to sions to develop programs to assist in the (i) accept the services of personnel detailed further the Hudson-Fulton commemoration; Hudson-Fulton commemoration; and from the Lake Champlain Basin Program; (F) coordinate and facilitate for the public (ii) to research and scholarly organizations and scholarly research on, publication about, and to research, publish, or distribute informa- (ii) reimburse the Lake Champlain Basin interpretation of, the voyages of Henry Hud- tion relating to the early history of the voy- Program for services of detailed personnel. son and Robert Fulton; ages of Henry Hudson and Robert Fulton. (D) PROCUREMENT OF TEMPORARY AND (G) ensure that the Hudson-Fulton 2009 (7) TECHNICAL ASSISTANCE.—The Commis- INTERMITTENT SERVICES.—The Commission commemorations provide a lasting legacy sion shall provide technical assistance to may procure temporary and intermittent and long-term public benefit by assisting in States, localities, and nonprofit organiza- services in accordance with section 3109(b) of

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title 5, United States Code, at rates for indi- Quilter’s Society, located at 215 Jefferson (b) REFERENCES.—Any reference in a law, viduals that do not exceed the daily equiva- Street, Paducah, Kentucky, should be des- map, regulation, document, paper, or other lent of the annual rate of basic pay pre- ignated as the ‘‘National Quilt Museum of record of the United States to the Ellis Is- scribed for level V of the Executive Schedule the United States’’. land Library on the third floor of the Ellis under section 5316 of that title. SEC. 336. SENSE OF CONGRESS REGARDING THE Island Immigration Museum referred to in (6) VOLUNTEER AND UNCOMPENSATED SERV- DESIGNATION OF THE NATIONAL subsection (a) shall be deemed to be a ref- ICES.—Notwithstanding section 1342 of title MUSEUM OF WILDLIFE ART OF THE erence to the ‘‘Bob Hope Memorial Library’’. UNITED STATES. 31, United States Code, the Commission may Subtitle E—Trails and Rivers accept and use voluntary and uncompensated (a) FINDINGS.—Congress finds that— (1) the National Museum of Wildlife Art in SEC. 341. AUTHORIZATION AND ADMINISTRATION services as the Commission determines nec- OF STAR-SPANGLED BANNER NA- essary. Jackson, Wyoming, is devoted to inspiring global recognition of fine art related to na- TIONAL HISTORIC TRAIL. (7) SUPPORT SERVICES.—The Secretary shall Section 5(a) of the National Trails System provide to the Commission, on a reimburs- ture and wildlife; (2) the National Museum of Wildlife Art is Act (16 U.S.C. 1244(a)) is amended by adding able basis, such administrative support serv- at the end the following: ices as the Commission may request. an excellent example of a thematic museum that strives to unify the humanities and ‘‘(26) STAR-SPANGLED BANNER NATIONAL HIS- (8) FACA NONAPPLICABILITY.—Section 14(b) TORIC TRAIL.— of the Federal Advisory Committee Act (5 sciences into a coherent body of knowledge through art; ‘‘(A) IN GENERAL.—The Star-Spangled Ban- U.S.C. App.) shall not apply to the Commis- ner National Historic Trail, a trail con- sion. (3) the National Museum of Wildlife Art, which was founded in 1987 with a private gift sisting of water and overland routes totaling (h) REPORTS.—Not later than September 30, approximately 290 miles, extending from 2010, the Commission shall submit to the of a collection of art, has grown in stature and importance and is recognized today as Tangier Island, Virginia, through southern Secretary a report that contains— Maryland, the District of Columbia, and (1) a summary of the activities of the Com- the world’s premier museum of wildlife art; (4) the National Museum of Wildlife Art is northern Virginia, in the Chesapeake Bay, mission; Patuxent River, Potomac River, and north (2) a final accounting of funds received and the only public museum in the United States with the mission of enriching and inspiring to the Patapsco River, and Baltimore, Mary- expended by the Commission; and land, commemorating the Chesapeake Cam- (3) the findings and recommendations of public appreciation and knowledge of fine art, while exploring the relationship between paign of the War of 1812 (including the Brit- the Commission. ish invasion of Washington, District of Co- (i) TERMINATION OF COMMISSIONS.— humanity and nature by collecting fine art lumbia, and its associated feints, and the (1) DATE OF TERMINATION.—The Commis- focused on wildlife; Battle of Baltimore in summer 1814), as gen- sion shall terminate on December 31, 2010. (5) the National Museum of Wildlife Art is erally depicted on the map titled ‘Star-Span- (2) TRANSFER OF DOCUMENTS AND MATE- housed in an architecturally significant and gled Banner National Historic Trail’, num- RIALS.—Before the date of termination speci- award-winning 51,000-square foot facility bered T02/80,000, and dated June 2007. fied in paragraph (1), the Commission shall that overlooks the 28,000-acre National Elk ‘‘(B) MAP.—The map referred to in subpara- transfer all of its documents and materials Refuge and is adjacent to the Grand Teton graph (A) shall be maintained on file and of the Commission to the National Archives National Park; available for public inspection in the appro- or another appropriate Federal entity. (6) the National Museum of Wildlife Art is priate offices of the National Park Service. (j) AUTHORIZATION OF APPROPRIATIONS.— accredited with the American Association of ‘‘(C) ADMINISTRATION.—Subject to subpara- (1) IN GENERAL.—There are authorized to be Museums, continues to grow in national rec- appropriated to carry out this section for ognition and importance with members from graph (E)(ii), the trail shall be administered each of fiscal years 2008 through 2011— every State, and has a Board of Trustees and by the Secretary of the Interior. (A) $500,000 to the Champlain Commission; a National Advisory Board composed of ‘‘(D) LAND ACQUISITION.—No land or inter- and major benefactors and leaders in the arts and est in land outside the exterior boundaries of (B) $500,000 to the Hudson-Fulton Commis- sciences from throughout the United States; any federally administered area may be ac- sion. (7) the permanent collection of the Na- quired by the United States for the trail except with the consent of the owner of the (2) AVAILABILITY.—Amounts made avail- tional Museum of Wildlife Art has grown to able under paragraph (1) shall remain avail- more than 3,000 works by important historic land or interest in land. able until expended. American artists including Edward Hicks, ‘‘(E) PUBLIC PARTICIPATION.—The Secretary of the Interior shall— SEC. 335. SENSE OF CONGRESS REGARDING THE Anna Hyatt Huntington, Charles M. Russell, DESIGNATION OF THE MUSEUM OF William Merritt Chase, and Alexander ‘‘(i) encourage communities, owners of THE AMERICAN QUILTER’S SOCIETY Calder, and contemporary American artists, land along the trail, and volunteer trail OF THE UNITED STATES. including Steve Kestrel, Bart Walter, Nancy groups to participate in the planning, devel- (a) FINDINGS.—Congress finds that— Howe, John Nieto, and Jamie Wyeth; opment, and maintenance of the trail; and (1) the Museum of the American Quilter’s (8) the National Museum of Wildlife Art is ‘‘(ii) consult with other affected land- Society is the largest quilt museum in the a destination attraction in the Western owners and Federal, State, and local agen- world, with a total of 13,400 square feet of ex- United States with annual attendance of cies in the administration of the trail. hibition space and more than 150 quilts ex- 92,000 visitors from all over the world and an ‘‘(F) INTERPRETATION AND ASSISTANCE.— hibited year-round in its 3 galleries; award-winning website that receives more Subject to the availability of appropriations, (2) the mission of the Museum is to educate than 10,000 visits per week; the Secretary of the Interior may provide, to the local, national, and international public (9) the National Museum of Wildlife Art State and local governments and nonprofit about the art, history, and heritage of seeks to educate a diverse audience through organizations, interpretive programs and quiltmaking; collecting fine art focused on wildlife, pre- services and technical assistance for use in— (3) quilts in the Museum’s permanent col- senting exceptional exhibitions, providing ‘‘(i) carrying out preservation and develop- lection are made by quilters from 44 of the 50 community, regional, national, and inter- ment of the trail; and States and many foreign countries; national outreach, and presenting extensive ‘‘(ii) providing education relating to the (4) the Museum, centrally located in Padu- educational programming for adults and War of 1812 along the trail.’’. cah, Kentucky, and open to the public year- children; and SEC. 342. LAND CONVEYANCE, LEWIS AND CLARK round, averages 40,000 visitors per year; (10) a great opportunity exists to use the NATIONAL HISTORIC TRAIL, NE- (5) individuals from all 50 States and from invaluable resources of the National Museum BRASKA. more than 25 foreign countries have visited of Wildlife Art to teach the schoolchildren of (a) CONVEYANCE AUTHORIZED.—The Sec- the Museum; the United States, through onsite visits, retary of the Interior may convey, without (6) the Museum’s Friends, an organization traveling exhibits, classroom curriculum, consideration, to the Missouri River Basin dedicated to supporting and sustaining the online distance learning, and other edu- Lewis and Clark Interpretive Trail and Vis- Museum, also has members in all 50 States, cational initiatives. itor Center Foundation, Inc. (a 501(c)(3) notwith 84 percent of members living more than (b) SENSE OF CONGRESS.—It is the sense of for-profit organization with operational 60 miles from the Museum; Congress that the National Museum of Wild- headquarters at 100 Valmont Drive, Ne- (7) many members of the Museum’s Friends life Art, located at 2820 Rungius Road, Jack- braska City, Nebraska 68410), all right, title, have supported the Museum annually since son, Wyoming, should be designated as the and interest of the United States in and to the Museum began in 1991; ‘‘National Museum of Wildlife Art of the the federally owned land under jurisdiction (8) quilts exhibited in the Museum are rep- United States’’. of the Secretary consisting of 2 parcels as resentative of the Nation and its cultures SEC. 337. REDESIGNATION OF ELLIS ISLAND LI- generally depicted on the map titled ‘‘Lewis thanks to the wide diversity of themes and BRARY. and Clark National Historic Trail’’, num- topics, quilts, and quiltmakers; and (a) REDESIGNATION.—The Ellis Island Li- bered 648/80,002, and dated March 2006. (9) the Museum of the American Quilter’s brary on the third floor of the Ellis Island (b) SURVEY; CONVEYANCE COST.—The exact Society has national significance and sup- Immigration Museum, located on Ellis Is- acreage and legal description of the land to port. land in New York Harbor, shall be known be conveyed under subsection (a) shall be de- (b) SENSE OF CONGRESS.—It is the sense of and redesignated as the ‘‘Bob Hope Memorial termined by a survey satisfactory to the Sec- Congress that the Museum of the American Library’’. retary. The cost of the survey and all other

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costs incurred by the Secretary to convey (1) the results of the study; and ‘‘(170) EIGHTMILE RIVER, CONNECTICUT.— the land shall be borne by the Missouri River (2) any recommendations of the Secretary. Segments of the main stem and specified Basin Lewis and Clark Interpretive Trail and SEC. 344. WILD AND SCENIC RIVER DESIGNATION, tributaries of the Eightmile River in the Visitor Center Foundation, Inc. EIGHTMILE RIVER, CONNECTICUT. State of Connecticut, totaling approxi- (c) CONDITION OF CONVEYANCE, USE OF CON- (a) FINDINGS.—Congress finds the fol- mately 25.3 miles, to be administered by the VEYED LAND.—The conveyance authorized lowing: Secretary of the Interior as follows: under subsection (a) shall be subject to the (1) The Eightmile River Wild and Scenic ‘‘(A) The entire 10.8-mile segment of the condition that the Missouri River Basin River Study Act of 2001 (Public Law 107–65; main stem, starting at its confluence with Lewis and Clark Interpretive Trail and Vis- 115 Stat. 484) authorized the study of the Lake Hayward Brook to its confluence with itor Center Foundation, Inc. use the con- Eightmile River in the State of Connecticut the Connecticut River at the mouth of Ham- veyed land as an historic site and interpre- from its headwaters downstream to its con- burg Cove, as a scenic river. tive center for the Lewis and Clark National fluence with the Connecticut River for po- ‘‘(B) The 8.0-mile segment of the East Historic Trail. tential inclusion in the National Wild and Branch of the Eightmile River starting at (d) DISCONTINUANCE OF USE.—If Missouri Scenic Rivers System. Witch Meadow Road to its confluence with River Basin Lewis and Clark Interpretive (2) The segments of the Eightmile River the main stem of the Eightmile River, as a Trail and Visitor Center Foundation, Inc. de- covered by the study are in a free-flowing scenic river. termines to discontinue use of the land con- condition, and the outstanding resource val- ‘‘(C) The 3.9-mile segment of Harris Brook veyed under subsection (a) as an historic site ues of the river segments include the cul- starting with the confluence of an unnamed and interpretive center for the Lewis and tural landscape, water quality, watershed stream lying 0.74 miles due east of the inter- Clark National Historic Trail, the Missouri hydrology, unique species and natural com- River Basin Lewis and Clark Interpretive section of Hartford Road (State Route 85) munities, geology, and watershed ecosystem. and Round Hill Road to its confluence with Trail and Visitor Center Foundation, Inc. (3) The Eightmile River Wild and Scenic shall convey lands back to the Secretary the East Branch of the Eightmile River, as a Study Committee has determined that— scenic river. without consideration. (A) the outstanding resource values of (e) ADDITIONAL TERMS AND CONDITIONS.— ‘‘(D) The 1.9-mile segment of Beaver Brook these river segments depend on sustaining The Secretary may require such additional starting at its confluence with Cedar Pond the integrity and quality of the Eightmile terms and conditions in connection with the Brook to its confluence with the main stem River watershed; conveyance under subsection (a) or the con- of the Eightmile River, as a scenic river. (B) these resource values are manifest veyance, if any, under subsection (d) as the ‘‘(E) The 0.7-mile segment of Falls Brook within the entire watershed; and Secretary considers appropriate to protect from its confluence with Tisdale Brook to its (C) the watershed as a whole, including its the interests of the United States. Through a confluence with the main stem of the written agreement with the Foundation, the protection, is itself intrinsically important Eightmile River at Hamburg Cove, as a sce- National Park Service shall ensure that the to this designation. nic river.’’. operation of the land conveyed under sub- (4) The Eightmile River Wild and Scenic (c) MANAGEMENT.—The segments of the section (a) is in accordance with National Study Committee took a watershed approach main stem and certain tributaries of the Park Service standards for preservation, in studying and recommending management Eightmile River in the State of Connecticut maintenance, and interpretation. options for the river segments and the designated as components of the National (f) AUTHORIZATION OF APPROPRIATIONS.—To Eightmile River watershed as a whole. Wild and Scenic Rivers System by the assist with the operation of the historic site (5) During the study, the Eightmile River amendment made by subsection (b) (in this and interpretive center, there is authorized Wild and Scenic Study Committee, with as- section referred to as the ‘‘Eightmile River’’) to be appropriated $150,000 per year for a pe- sistance from the National Park Service, shall be managed in accordance with the riod not to exceed 10 years. prepared a comprehensive management plan Eightmile River Watershed Management SEC. 343. LEWIS AND CLARK NATIONAL HISTORIC for the Eightmile River watershed, dated De- Plan and such amendments to the plan as TRAIL EXTENSION. cember 8, 2005 (in this section referred to as the Secretary of the Interior determines are (a) DEFINITIONS.—In this section: the ‘‘Eightmile River Watershed Manage- consistent with this section. The Eightmile (1) EASTERN LEGACY SITES.—The term ment Plan’’), which establishes objectives, River Watershed Management Plan is ‘‘Eastern Legacy sites’’ means the sites asso- standards, and action programs that will en- deemed to satisfy the requirements for a ciated with the preparation or return phases sure long-term protection of the outstanding comprehensive management plan required by of the Lewis and Clark expedition, com- values of the river and compatible manage- section 3(d) of the Wild and Scenic Rivers monly known as the ‘‘Eastern Legacy’’, in- ment of the land and water resources of the Act (16 U.S.C. 1274(d)). cluding sites in Virginia, the District of Co- Eightmile River and its watershed, without (d) COMMITTEE.—The Secretary of the Inte- lumbia, Maryland, Delaware, Pennsylvania, Federal management of affected lands not rior shall coordinate the management re- West Virginia, Ohio, Kentucky, Tennessee, owned by the United States. sponsibilities of the Secretary with regard to Indiana, Missouri, and Illinois. This includes (6) The Eightmile River Wild and Scenic the Eightmile River with the Eightmile the routes followed by Meriwether Lewis and Study Committee voted in favor of inclusion River Coordinating Committee, as specified William Clark, whether independently or to- of the Eightmile River in the National Wild in the Eightmile River Watershed Manage- gether. and Scenic Rivers System and included this ment Plan. (2) TRAIL.—The term ‘‘Trail’’ means the recommendation as an integral part of the (e) COOPERATIVE AGREEMENTS.—In order to Lewis and Clark National Historic Trail des- Eightmile River Watershed Management provide for the long-term protection, preser- ignated by section 5(a)(6) of the National Plan. vation, and enhancement of the Eightmile Trails System Act (16 U.S.C. 1244(a)(6)). (7) The residents of the towns lying along River, the Secretary of the Interior may (b) SPECIAL RESOURCE STUDY.— the Eightmile River and comprising most of enter into cooperative agreements pursuant (1) IN GENERAL.—The Secretary shall com- its watershed (Salem, East Haddam, and to sections 10(e) and 11(b)(1) of the Wild and plete a special resource study of the Eastern Lyme, Connecticut), as well as the Boards of Scenic Rivers Act (16 U.S.C. 1281(e), Legacy sites to determine— Selectmen and Land Use Commissions of 1282(b)(1)) with the State of Connecticut, the (A) the suitability and feasibility of adding these towns, voted to endorse the Eightmile towns of Salem, Lyme, and East Haddam, these sites to the Trail; and River Watershed Management Plan and to Connecticut, and appropriate local planning (B) the methods and means for the protec- seek designation of the river as a component and environmental organizations. All cooper- tion and interpretation of these sites by the of the National Wild and Scenic Rivers Sys- ative agreements authorized by this sub- National Park Service, other Federal, State, tem. section shall be consistent with the or local government entities or private or (8) The State of Connecticut General As- Eightmile River Watershed Management non-profit organizations. sembly enacted Public Act 05–18 to endorse Plan and may include provisions for finan- (2) STUDY REQUIREMENTS.— the Eightmile River Watershed Management cial or other assistance from the United (A) IN GENERAL.—The Secretary shall con- Plan and to seek designation of the river as States. duct the study in accordance with section a component of the National Wild and Scenic (f) RELATION TO NATIONAL PARK SYSTEM.— 5(b) of the National Trails System Act (16 Rivers System. Notwithstanding section 10(c) of the Wild U.S.C. 1244(b)). (b) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the (B) IMPACT ON TOURISM.—In conducting the and Scenic Rivers Act (16 U.S.C. 1274(a)) is Eightmile River shall not be administered as study, the Secretary shall analyze the poten- amended— part of the National Park System or be sub- tial impact that the inclusion of the Eastern (1) by redesignating paragraph (167) (relat- ject to regulations which govern the Na- Legacy sites is likely to have on tourist visi- ing to the Musconetcong River, New Jersey) tional Park System. tation to the western portion of the trail. as paragraph (169); (g) LAND MANAGEMENT.—The zoning ordi- (c) REPORT.—Not later than 3 years after (2) by designating the undesignated para- nances adopted by the towns of Salem, East the date on which funds are made available graph relating to the White Salmon River, Haddam, and Lyme, Connecticut, in effect as to carry out this section, the Secretary shall Washington, as paragraph (167); of December 8, 2005, including provisions for submit to the Committee on Natural Re- (3) by designating the undesignated para- conservation of floodplains, wetlands, and sources of the House of Representatives and graph relating to the Black Butte River, watercourses associated with the segments, the Committee on Energy and Natural Re- California, as paragraph (168); and are deemed to satisfy the standards and resources of the Senate a report containing— (4) by adding at the end the following: quirements of section 6(c) of the Wild and

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.014 H29APPT1 smartinez on PROD1PC64 with HOUSE H2786 CONGRESSIONAL RECORD — HOUSE April 29, 2008 Scenic Rivers Act (16 U.S.C. 1277 (c)). For the to the Alaska Railroad Transfer Act of 1982 (1) the primary contract between PGI and purpose of section 6(c) of that Act, such (45 U.S.C. 1201 et seq.). The easement relin- the National Park Service is terminated; towns shall be deemed ‘‘villages’’ and the quished by the Alaska Railroad Corporation (2) the amount owed to the subcontractors provisions of that section, which prohibit to the United States under this section shall, is verified; Federal acquisition of lands by condemna- with respect to the portion being exchanged, (3) all reasonable legal avenues or recourse tion, shall apply to the segments designated be the full title and interest received by the have been exhausted by the subcontractors by subsection (b). The authority of the Sec- Alaska Railroad in the Deed for Exclusive to recoup amounts owed directly from PGI; retary to acquire lands for the purposes of Use Easement and Railroad Related Im- and this section shall be limited to acquisition provements filed in Book 33, pages 985–994 of (4) the subcontractors provide a written by donation or acquisition with the consent the Nenana Recording District, Alaska, pur- statement that payment of the amount of the owner thereof, and shall be subject to suant to the Alaska Railroad Transfer Act of verified in paragraph (2) represents payment the additional criteria set forth in the 1982 (45 U.S.C. 1201 et seq.). in full by the United States for all work per- Eightmile River Watershed Management (D) COSTS.—The Alaska Railroad shall pay formed at the park under the IDIQ with PGI Plan. all costs associated with the exchange under between fiscal years 2002 and 2003. (h) WATERSHED APPROACH.— this section, including the costs of compli- TITLE IV—NATIONAL HERITAGE AREAS (1) IN GENERAL.—In furtherance of the wa- ance with the National Environmental Pol- tershed approach to resource preservation icy Act of 1969 (42 U.S.C. 4321 et seq.), the Subtitle A—Journey Through Hallowed and enhancement articulated in the costs of any surveys, and other reasonable Ground National Heritage Area Eightmile River Watershed Management costs. SEC. 401. PURPOSES. Plan, the tributaries of the Eightmile River (E) LAND TO BE PART OF WILDERNESS.—The The purposes of this subtitle include— watershed specified in paragraph (2) are rec- land underlying any easement relinquished (1) to recognize the national importance of ognized as integral to the protection and en- to the United States under this section that the natural and cultural legacies of the area, hancement of the Eightmile River and its is adjacent to designated wilderness is here- as demonstrated in the study entitled ‘‘The watershed. by designated as wilderness and added to the Journey Through Hallowed Ground National (2) COVERED TRIBUTARIES.—Paragraph (1) Denali Wilderness, the boundaries of which Heritage Area Feasibility Study’’ dated Sep- applies with respect to Beaver Brook, Big are modified accordingly, and shall be man- tember 2006; Brook, Burnhams Brook, Cedar Pond Brook, aged in accordance with applicable provi- (2) to preserve, support, conserve, and in- Cranberry Meadow Brook, Early Brook, sions of the Wilderness Act (78 Stat. 892) and terpret the legacy of the American history Falls Brook, Fraser Brook, Harris Brook, the Alaska National Interest Lands Con- created along the National Heritage Area; Hedge Brook, Lake Hayward Brook, Malt servation Act of 1980 (94 Stat. 2371). (3) to promote heritage, cultural and rec- House Brook, Muddy Brook, Ransom Brook, (F) OTHER TERMS AND CONDITIONS.—The reational tourism and to develop educational Rattlesnake Ledge Brook, Shingle Mill Secretary shall require any additional terms and cultural programs for visitors and the Brook, Strongs Brook, Tisdale Brook, Witch and conditions under this section that the general public; Meadow Brook, and all other perennial Secretary determines to be appropriate to (4) to recognize and interpret important streams within the Eightmile River water- protect the interests of the United States events and geographic locations representing shed. and of Denali National Park. key developments in the creation of Amer- (i) AUTHORIZATION OF APPROPRIATIONS.— Subtitle G—National Underground Railroad ica, including Native American, Colonial There are authorized to be appropriated such Network to Freedom Amendments American, European American, and African sums as are necessary to carry out this sec- American heritage; SEC. 361. AUTHORIZING APPROPRIATIONS FOR tion and the amendment made by subsection SPECIFIC PURPOSES. (5) to recognize and interpret the effect of (b). the Civil War on the civilian population of (a) IN GENERAL.—The National Under- Subtitle F—Denali National Park and Alaska ground Railroad Network to Freedom Act of the National Heritage Area during the war Railroad Exchange 1998 (16 U.S.C. 469l et seq.) is amended— and post-war reconstruction period; (6) to enhance a cooperative management SEC. 351. DENALI NATIONAL PARK AND ALASKA (1) by striking section 3(d); RAILROAD CORPORATION EX- (2) by striking section 4(d); and framework to assist the Commonwealth of CHANGE. (3) by adding at the end the following: Virginia, the State of Maryland, the Com- (a) DEFINITIONS.—In this section: monwealth of Pennsylvania, the State of ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. West Virginia, and their units of local gov- (1) CORPORATION.—The term ‘‘Corporation’’ ‘‘(a) AMOUNTS.—There are authorized to be means the Alaska Railroad Corporation ernment, the private sector, and citizens re- appropriated to carry out this Act $2,500,000 siding in the National Heritage Area in con- owned by the State of Alaska. for each fiscal year, to be allocated as fol- (2) SECRETARY.—The term ‘‘Secretary’’ serving, supporting, enhancing, and inter- lows: preting the significant historic, cultural and means the Secretary of the Interior. ‘‘(1) $2,000,000 is to be used for the purposes (b) EXCHANGE.— recreational sites in the National Heritage of section 3. Area; and (1) IN GENERAL.— ‘‘(2) $500,000 is to be used for the purposes (A) EASEMENT EXPANDED.—The Secretary is (7) to provide appropriate linkages among of section 4. units of the National Park System within authorized to grant to the Alaska Railroad ‘‘(b) RESTRICTIONS.—No amounts may be and surrounding the National Heritage Area, Corporation an exclusive-use easement on appropriated for the purposes of this Act ex- to protect, enhance, and interpret resources land that is identified by the Secretary with- cept to the Secretary for carrying out the re- outside of park boundaries. in Denali National Park for the purpose of sponsibilities of the Secretary as set forth in providing a location to the Corporation for this Act.’’. SEC. 402. DEFINITIONS. construction, maintenance, and on-going op- (b) EFFECTIVE DATE.—The amendments In this subtitle— eration of track and associated support fa- made by subsection (a) shall take effect at (1) NATIONAL HERITAGE AREA.—The term cilities for turning railroad trains around the beginning of the fiscal year immediately ‘‘National Heritage Area’’ means the Jour- near Denali Park Station. following the date of the enactment of this ney Through Hallowed Ground National Her- (B) EASEMENT RELINQUISHED.—In exchange Act. itage Area established in this subtitle. for the easement granted in subparagraph (2) LOCAL COORDINATING ENTITY.—The term Subtitle H—Grand Canyon Subcontractors (A), the Secretary shall require the relin- ‘‘local coordinating entity’’ means the Jour- quishment of certain portions of the Cor- SEC. 371. DEFINITIONS. ney Through Hallowed Ground Partnership, poration’s existing exclusive use easement In this subtitle: a Virginia non-profit, which is hereby des- within the boundary of Denali National (1) IDIQ.—The term ‘‘IDIQ’’ means an In- ignated by Congress— Park. definite Deliver/Indefinite Quantity con- (A) to develop, in partnership with others, (2) CONDITIONS OF THE EXCHANGE.— tract. the management plan for the National Herit- (A) EQUAL EXCHANGE.—The exchange of (2) PARK.—The term ‘‘park’’ means Grand age Area; and easements under this section shall be on an Canyon National Park. (B) to act as a catalyst for the implemen- approximately equal-acre basis. (3) PGI.—The term ‘‘PGI’’ means Pacific tation of projects and programs among di- (B) TOTAL ACRES.—The easement granted General, Inc. verse partners in the National Heritage under paragraph (1)(A) shall not exceed 25 (4) SECRETARY.—The term ‘‘Secretary’’ Area. acres. means the Secretary of the Interior, acting (3) MANAGEMENT PLAN.—The term ‘‘man- (C) INTERESTS CONVEYED.—The easement through the Director of the National Park agement plan’’ means the plan prepared by conveyed to the Alaska Railroad Corporation Service. the local coordinating entity for the Na- by the Secretary under this section shall be SEC. 372. AUTHORIZATION. tional Heritage Area that specifies actions, under the same terms as the exclusive use The Secretary is authorized, subject to the policies, strategies, performance goals, and easement granted to the Railroad in Denali appropriation of such funds as may be nec- recommendations to meet the goals of the National Park in the Deed for Exclusive Use essary, to pay the amount owed to the sub- National Heritage Area, in accordance with Easement and Railroad Related Improve- contractors of PGI for work performed at the this subtitle. ments filed in Book 33, pages 985–994 of the park under an IDIQ with PGI between fiscal (4) SECRETARY.—The term ‘‘Secretary’’ Nenana Recording District, Alaska, pursuant years 2002 and 2003, provided that— means the Secretary of the Interior.

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.014 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2787 SEC. 403. DESIGNATION OF THE JOURNEY Area) to further the purposes of this subtitle; parties for implementation of the manage- THROUGH HALLOWED GROUND NA- and ment plan. TIONAL HERITAGE AREA. (8) include a business plan that— (4) DISAPPROVAL.— (a) ESTABLISHMENT.—There is hereby es- (A) describes the role, operation, financing, (A) IN GENERAL.—If the Secretary dis- tablished the Journey Through Hallowed and functions of the local coordinating enti- approves the management plan, the Sec- Ground National Heritage Area. ty and of each of the major activities con- retary— (b) BOUNDARIES.— tained in the management plan; and (i) shall advise the local coordinating enti- (1) IN GENERAL.—The Heritage Area shall (B) provides adequate assurances that the ty in writing of the reasons for the dis- consist of the 175-mile region generally fol- local coordinating entity has the partner- approval; and lowing the Route 15 corridor and surrounding ships and financial and other resources nec- (ii) may make recommendations to the areas from Adams County, Pennsylvania, essary to implement the management plan local coordinating entity for revisions to the through Frederick County, Maryland, infor the National Heritage Area. management plan. cluding the Heart of the Civil War Maryland (b) DEADLINE.— (B) DEADLINE.—Not later than 180 days State Heritage Area, looping through Bruns- (1) IN GENERAL.—Not later than 3 years after receiving a revised management plan, wick, Maryland, to Harpers Ferry, West Vir- after the date on which funds are first made the Secretary shall approve or disapprove ginia, back through Loudoun County, Vir- available to develop the management plan the revised management plan. ginia, to the Route 15 corridor and sur- after designation as a National Heritage (5) AMENDMENTS.— rounding areas encompassing portions of Area, the local coordinating entity shall sub- (A) IN GENERAL.—An amendment to the Loudoun and Prince William Counties, Vir- mit the management plan to the Secretary management plan that substantially alters ginia, then Fauquier County, Virginia, por- for approval. the purposes of the National Heritage Area tions of Spotsylvania and Madison Counties, (2) TERMINATION OF FUNDING.—If the man- shall be reviewed by the Secretary and ap- Virginia, and Culpepper, Rappahannock, Or- agement plan is not submitted to the Sec- proved or disapproved in the same manner as ange, and Albemarle Counties, Virginia. retary in accordance with paragraph (1), the the original management plan. (2) MAP.—The boundaries of the National local coordinating entity shall not qualify (B) IMPLEMENTATION.—The local coordi- Heritage Area shall include all of those lands for any additional financial assistance under nating entity shall not use Federal funds au- and interests as generally depicted on the this subtitle until such time as the manage- thorized by this subtitle to implement an map titled ‘‘Journey Through Hallowed ment plan is submitted to and approved by amendment to the management plan until Ground National Heritage Area’’, numbered the Secretary. the Secretary approves the amendment. P90/80,000, and dated October 2006. The map (c) APPROVAL OF MANAGEMENT PLAN.— (6) AUTHORITIES.—The Secretary may— shall be on file and available to the public in (1) REVIEW.—Not later than 180 days after (A) provide technical assistance under the the appropriate offices of the National Park receiving the plan, the Secretary shall re- authority of this subtitle for the develop- view and approve or disapprove the manage- Service and the local coordinating entity. ment and implementation of the management plan for a National Heritage Area on SEC. 404. MANAGEMENT PLAN. ment plan; and the basis of the criteria established under (B) enter into cooperative agreements with (a) REQUIREMENTS.—The management plan paragraph (3). interested parties to carry out this subtitle. for the National Heritage Area shall— (2) CONSULTATION.—The Secretary shall SEC. 405. EVALUATION; REPORT. (1) describe comprehensive policies, goals, consult with the Governor of each State in strategies, and recommendations for telling (a) IN GENERAL.—Not later than 3 years be- which the National Heritage Area is located fore the date on which authority for Federal the story of the heritage of the area covered before approving a management plan for the funding terminates for the National Heritage by the National Heritage Area and encour- National Heritage Area. Area under this subtitle, the Secretary aging long-term resource protection, en- (3) CRITERIA FOR APPROVAL.—In deter- shall— hancement, interpretation, funding, manage- mining whether to approve a management (1) conduct an evaluation of the accom- ment, and development of the National Her- plan for a National Heritage Area, the Sec- plishments of the National Heritage Area; itage Area; retary shall consider whether— and (2) include a description of actions and (A) the local coordinating entity rep- (2) prepare a report in accordance with sub- commitments that Federal, State, Tribal, resents the diverse interests of the National section (c). and local governments, private organiza- Heritage Area, including Federal, State, (b) EVALUATION.—An evaluation conducted tions, and citizens will take to protect, en- Tribal, and local governments, natural, and under subsection (a)(1) shall— hance, interpret, fund, manage, and develop historic resource protection organizations, (1) assess the progress of the local coordi- the natural, historical, cultural, educational, educational institutions, businesses, rec- nating entity with respect to— scenic, and recreational resources of the Na- reational organizations, community resi- (A) accomplishing the purposes of the au- tional Heritage Area; dents, and private property owners; thorizing legislation for the National Herit- (3) specify existing and potential sources of (B) the local coordinating entity— age Area; and funding or economic development strategies (i) has afforded adequate opportunity for (B) achieving the goals and objectives of to protect, enhance, interpret, fund, manage, public and Federal, State, Tribal, and local the approved management plan for the Na- and develop the National Heritage Area; governmental involvement (including tional Heritage Area; (4) include an inventory of the natural, his- through workshops and hearings) in the (2) analyze the Federal, State, Tribal, torical, cultural, educational, scenic, and preparation of the management plan; and local, and private investments in the Na- recreational resources of the National Herit- (ii) provides for at least semiannual public tional Heritage Area to determine the image Area related to the national importance meetings to ensure adequate implementation pact of the investments; and and themes of the National Heritage Area of the management plan; (3) review the management structure, part- that should be protected, enhanced, inter- (C) the resource protection, enhancement, nership relationships, and funding of the Na- preted, managed, funded, and developed; interpretation, funding, management, and tional Heritage Area for purposes of identi- (5) recommend policies and strategies for development strategies described in the fying the critical components for sustain- resource management, including the devel- management plan, if implemented, would ability of the National Heritage Area. opment of intergovernmental and inter- adequately protect, enhance, interpret, fund, (c) REPORT.—Based on the evaluation con- agency agreements to protect, enhance, in- manage, and develop the natural, historic, ducted under subsection (a)(1), the Secretary terpret, fund, manage, and develop the nat- cultural, educational, scenic, and rec- shall submit a report to the Committee on ural, historical, cultural, educational, sce- reational resources of the National Heritage Natural Resources of the United States nic, and recreational resources of the Na- Area; House of Representatives and the Committee tional Heritage Area; (D) the management plan would not ad- on Energy and Natural Resources of the (6) describe a program for implementation versely affect any activities authorized on United States Senate. The report shall infor the management plan, including— Federal land under public land laws or land clude recommendations for the future role of (A) performance goals; use plans; the National Park Service, if any, with re- (B) plans for resource protection, enhance- (E) the local coordinating entity has dem- spect to the National Heritage Area. ment, interpretation, funding, management, onstrated the financial capability, in part- SEC. 406. LOCAL COORDINATING ENTITY. and development; and nership with others, to carry out the plan; (a) DUTIES.—To further the purposes of the (C) specific commitments for implementa- (F) the Secretary has received adequate as- National Heritage Area, the Journey tion that have been made by the local co- surances from the appropriate State, Tribal, Through Hallowed Ground Partnership, as ordinating entity or any Federal, State, and local officials whose support is needed to the local coordinating entity, shall— Tribal, or local government agency, organi- ensure the effective implementation of the (1) prepare a management plan for the Na- zation, business, or individual; State, Tribal, and local elements of the man- tional Heritage Area, and submit the man- (7) include an analysis of, and rec- agement plan; and agement plan to the Secretary, in accord- ommendations for, means by which Federal, (G) the management plan demonstrates ance with this subtitle; State, Tribal, and local programs may best partnerships among the local coordinating (2) submit an annual report to the Sec- be coordinated (including the role of the Na- entity, Federal, State, Tribal, and local gov- retary for each fiscal year for which the tional Park Service and other Federal agen- ernments, regional planning organizations, local coordinating entity receives Federal cies associated with the National Heritage nonprofit organizations, or private sector funds under this subtitle, specifying—

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.014 H29APPT1 smartinez on PROD1PC64 with HOUSE H2788 CONGRESSIONAL RECORD — HOUSE April 29, 2008 (A) the specific performance goals and ac- (2) requires any property owner to permit (6) to conserve and interpret the history of complishments of the local coordinating en- public access (including access by Federal, the development of hydroelectric power in tity; State, Tribal, or local agencies) to the prop- the United States and its role in developing (B) the expenses and income of the local erty of the property owner, or to modify pub- the American economy; and coordinating entity; lic access or use of property of the property (7) to provide appropriate linkages among (C) the amounts and sources of matching owner under any other Federal, State, Trib- units of the National Park System within funds; al, or local law; and surrounding the National Heritage Area, (D) the amounts leveraged with Federal (3) alters any duly adopted land use regula- to protect, enhance, and interpret resources funds and sources of the leveraging; and tion, approved land use plan, or other regu- outside of park boundaries. (E) grants made to any other entities dur- latory authority (such as the authority to SEC. 422. DEFINITIONS. ing the fiscal year; make safety improvements or increase the In this subtitle: (3) make available for audit for each fiscal capacity of existing roads or to construct (1) COMMISSION.—The term ‘‘Commission’’ year for which the local coordinating entity new roads) of any Federal, State, Tribal, or means the Niagara Falls National Heritage receives Federal funds under this subtitle, local agency, or conveys any land use or Area Commission established under this sub- all information pertaining to the expendi- other regulatory authority to any local co- title. ture of the funds and any matching funds; ordinating entity, including but not nec- (2) GOVERNOR.—The term ‘‘Governor’’ and essarily limited to development and manage- means the Governor of the State of New (4) encourage economic viability and sus- ment of energy or water or water-related in- York. tainability that is consistent with the pur- frastructure; (3) LOCAL COORDINATING ENTITY.—The term poses of the National Heritage Area. (4) authorizes or implies the reservation or ‘‘local coordinating entity’’ means the local (b) AUTHORITIES.—For the purposes of pre- appropriation of water or water rights; coordinating entity for the National Herit- paring and implementing the approved man- (5) diminishes the authority of the State to age Area designated pursuant to this sub- agement plan for the National Heritage manage fish and wildlife, including the regu- title. lation of fishing and hunting within the Na- Area, the local coordinating entity may use (4) MANAGEMENT PLAN.—The term ‘‘man- Federal funds made available under this sub- tional Heritage Area; or agement plan’’ means the plan prepared by title to— (6) creates any liability, or affects any li- the local coordinating entity for the Na- ability under any other law, of any private (1) make grants to political jurisdictions, tional Heritage Area that specifies actions, property owner with respect to any person nonprofit organizations, and other parties policies, strategies, performance goals, and injured on the private property. within the National Heritage Area; recommendations to meet the goals of the (2) enter into cooperative agreements with SEC. 409. AUTHORIZATION OF APPROPRIATIONS. National Heritage Area, in accordance with or provide technical assistance to political (a) AUTHORIZATION OF APPROPRIATIONS.— this subtitle. Subject to subsection (b), there are author- jurisdictions, nonprofit organizations, Fed- (5) NATIONAL HERITAGE AREA.—The term ized to be appropriated to carry out this sub- eral agencies, and other interested parties; ‘‘National Heritage Area’’ means the Niagara title not more than $1,000,000 for any fiscal (3) hire and compensate staff, including in- Falls National Heritage Area established in year. Funds so appropriated shall remain dividuals with expertise in— this subtitle. available until expended. (A) natural, historical, cultural, edu- (6) SECRETARY.—The term ‘‘Secretary’’ (b) LIMITATION ON TOTAL AMOUNTS APPRO- cational, scenic, and recreational resource PRIATED.—Not more than $15,000,000 may be means the Secretary of the Interior. conservation; appropriated to carry out this subtitle. SEC. 423. DESIGNATION OF THE NIAGARA FALLS (B) economic and community development; (c) COST-SHARING REQUIREMENT.—The Fed- NATIONAL HERITAGE AREA. and eral share of the total cost of any activity (a) ESTABLISHMENT.—There is hereby es- (C) heritage planning; under this subtitle shall be not more than 50 tablished the Niagara Falls National Herit- (4) obtain funds or services from any percent; the non-Federal contribution may age Area. source, including other Federal programs; be in the form of in-kind contributions of (b) BOUNDARIES.— (5) contract for goods or services; and goods or services fairly valued. (1) IN GENERAL.—The National Heritage (6) support activities of partners and any SEC. 410. USE OF FEDERAL FUNDS FROM OTHER Area shall consist of the area from the west- other activities that further the purposes of SOURCES. ern boundary of the town of Wheatfield, New the National Heritage Area and are con- Nothing in this subtitle shall preclude the York, extending to the mouth of the Niagara sistent with the approved management plan. local coordinating entity from using Federal River on Lake Ontario, including the city of (c) PROHIBITION ON ACQUISITION OF REAL funds available under other laws for the pur- Niagara Falls, New York, the villages of PROPERTY.—The local coordinating entity poses for which those funds were authorized. Youngstown and Lewiston, New York, land may not use Federal funds authorized under SEC. 411. SUNSET FOR GRANTS AND OTHER AS- and water within the boundaries of the Her- this subtitle to acquire any interest in real SISTANCE. itage Area in Niagara County, New York, property. The authority of the Secretary to provide and any additional thematically related SEC. 407. RELATIONSHIP TO OTHER FEDERAL financial assistance under this subtitle ter- sites within Erie and Niagara Counties, New AGENCIES. minates on the date that is 15 years after the York, that are identified in the management (a) IN GENERAL.—Nothing in this subtitle date of enactment of this subtitle. plan developed under this subtitle. affects the authority of a Federal agency to Subtitle B—Niagara Falls National Heritage (2) MAP.—The boundaries of the National provide technical or financial assistance Area Heritage Area shall be as generally depicted under any other law. SEC. 421. PURPOSES. on the map titled ‘‘Niagara Falls National (b) CONSULTATION AND COORDINATION.—The The purposes of this subtitle include— Heritage Area,’’ and numbered P76/80,000 and head of any Federal agency planning to con- (1) to recognize the national importance of dated July, 2006. The map shall be on file and duct activities that may have an impact on the natural and cultural legacies of the area, available to the public in the appropriate of- a National Heritage Area is encouraged to as demonstrated in the National Park Serv- fices of the National Park Service and the consult and coordinate the activities with ice study report entitled ‘‘Niagara National local coordinating entity. the Secretary and the local coordinating en- Heritage Area Study’’ dated 2005; SEC. 424. MANAGEMENT PLAN. tity to the maximum extent practicable. (2) to preserve, support, conserve, and in- (a) REQUIREMENTS.—The management plan (c) OTHER FEDERAL AGENCIES.—Nothing in terpret the natural, scenic, cultural, and his- for the National Heritage Area shall— this subtitle— toric resources within the National Heritage (1) describe comprehensive policies, goals, (1) modifies, alters, or amends any law or Area; strategies, and recommendations for telling regulation authorizing a Federal agency to (3) to promote heritage, cultural, and rec- the story of the heritage of the area covered manage Federal land under the jurisdiction reational tourism and to develop educational by the National Heritage Area and encour- of the Federal agency; and cultural programs for visitors and the aging long-term resource protection, en- (2) limits the discretion of a Federal land general public; hancement, interpretation, funding, manage- manager to implement an approved land use (4) to recognize and interpret important ment, and development of the National Her- plan within the boundaries of a National events and geographic locations representing itage Area; Heritage Area; or key developments in American history and (2) include a description of actions and (3) modifies, alters, or amends any author- culture, including Native American, Colonial commitments that Federal, State, Tribal, ized use of Federal land under the jurisdic- American, European American, and African and local governments, private organization of a Federal agency. American heritage; tions, and citizens will take to protect, en- SEC. 408. PRIVATE PROPERTY AND REGULATORY (5) to enhance a cooperative management hance, interpret, fund, manage, and develop PROTECTIONS. framework to assist State, local, and Tribal the natural, historical, cultural, educational, Nothing in this subtitle— governments, the private sector, and citizens scenic, and recreational resources of the Na- (1) abridges the rights of any property residing in the National Heritage Area in tional Heritage Area; owner (whether public or private), including conserving, supporting, enhancing, and in- (3) specify existing and potential sources of the right to refrain from participating in any terpreting the significant historic, cultural, funding or economic development strategies plan, project, program, or activity conducted and recreational sites in the National Herit- to protect, enhance, interpret, fund, manage, within the National Heritage Area; age Area; and develop the National Heritage Area;

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.014 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2789 (4) include an inventory of the natural, his- through workshops and hearings) in the (2) analyze the Federal, State, Tribal, and torical, cultural, educational, scenic, and preparation of the management plan; and local, and private investments in the Na- recreational resources of the National Herit- (ii) provides for at least semiannual public tional Heritage Area to determine the image Area related to the national importance meetings to ensure adequate implementation pact of the investments; and and themes of the National Heritage Area of the management plan; (3) review the management structure, part- that should be protected, enhanced, inter- (C) the resource protection, enhancement, nership relationships, and funding of the Na- preted, managed, funded, and developed; interpretation, funding, management, and tional Heritage Area for purposes of identi- (5) recommend policies and strategies for development strategies described in the fying the critical components for sustain- resource management, including the devel- management plan, if implemented, would ability of the National Heritage Area. opment of intergovernmental and inter- adequately protect, enhance, interpret, fund, (c) REPORT.—Based on the evaluation con- agency agreements to protect, enhance, in- manage, and develop the natural, historic, ducted under subsection (a)(1), the Secretary terpret, fund, manage, and develop the nat- cultural, educational, scenic, and rec- shall submit a report to the Committee on ural, historical, cultural, educational, sce- reational resources of the National Heritage Natural Resources of the United States nic, and recreational resources of the Na- Area; House of Representatives and the Committee tional Heritage Area; (D) the management plan would not ad- on Energy and Natural Resources of the (6) describe a program for implementation versely affect any activities authorized on United States Senate. The report shall infor the management plan, including— Federal land under public land laws or land clude recommendations for the future role of (A) performance goals; use plans; the National Park Service, if any, with re- (B) plans for resource protection, enhance- (E) the local coordinating entity has dem- spect to the National Heritage Area. ment, interpretation, funding, management, onstrated the financial capability, in part- SEC. 426. LOCAL COORDINATING ENTITY. and development; and nership with others, to carry out the plan; (a) DESIGNATION.—The local coordinating (C) specific commitments for implementa- (F) the Secretary has received adequate as- entity for the Heritage Area shall be— tion that have been made by the local co- surances from the appropriate State, Tribal, (1) for the 5-year period beginning on the ordinating entity or any Federal, State, and local officials whose support is needed to date of enactment of this subtitle, the Com- Tribal, or local government agency, organi- ensure the effective implementation of the mission; and zation, business, or individual; State, Tribal, and local elements of the man- (2) on expiration of the 5-year period de- (7) include an analysis of, and rec- agement plan; and scribed in paragraph (1), a private nonprofit ommendations for, means by which Federal, (G) the management plan demonstrates or governmental organization designated by State, Tribal, and local programs may best partnerships among the local coordinating the Commission. (b) DUTIES.—To further the purposes of the be coordinated (including the role of the Na- entity, Federal, State, Tribal, and local gov- National Heritage Area, the local coordi- tional Park Service and other Federal agen- ernments, regional planning organizations, nating entity, shall— cies associated with the National Heritage nonprofit organizations, or private sector (1) prepare a management plan for the Na- Area) to further the purposes of this subtitle; parties for implementation of the manage- tional Heritage Area, and submit the man- and ment plan. agement plan to the Secretary, in accord- (8) include a business plan that— (4) DISAPPROVAL.— (A) IN GENERAL.—If the Secretary dis- ance with this subtitle; (A) describes the role, operation, financing, approves the management plan, the Sec- (2) submit an annual report to the Sec- and functions of the local coordinating enti- retary— retary for each fiscal year for which the ty and of each of the major activities con- (i) shall advise the local coordinating enti- local coordinating entity receives Federal tained in the management plan; and ty in writing of the reasons for the dis- funds under this subtitle, specifying— (B) provides adequate assurances that the approval; and (A) the specific performance goals and ac- local coordinating entity has the partner- (ii) may make recommendations to the complishments of the local coordinating en- ships and financial and other resources nec- local coordinating entity for revisions to the tity; essary to implement the management plan management plan. (B) the expenses and income of the local for the National Heritage Area. (B) DEADLINE.—Not later than 180 days coordinating entity; (b) DEADLINE.— after receiving a revised management plan, (C) the amounts and sources of matching (1) IN GENERAL.—Not later than 3 years the Secretary shall approve or disapprove funds; after the date on which funds are first made the revised management plan. (D) the amounts leveraged with Federal available to develop the management plan (5) AMENDMENTS.— funds and sources of the leveraging; and after designation as a National Heritage (A) IN GENERAL.—An amendment to the (E) grants made to any other entities dur- Area, the local coordinating entity shall sub- management plan that substantially alters ing the fiscal year; mit the management plan to the Secretary the purposes of the National Heritage Area (3) make available for audit for each fiscal for approval. shall be reviewed by the Secretary and ap- year for which the local coordinating entity (2) TERMINATION OF FUNDING.—If the man- proved or disapproved in the same manner as receives Federal funds under this subtitle, agement plan is not submitted to the Sec- the original management plan. all information pertaining to the expendi- retary in accordance with paragraph (1), the (B) IMPLEMENTATION.—The local coordi- ture of the funds and any matching funds; local coordinating entity shall not qualify nating entity shall not use Federal funds au- (4) encourage economic viability and sus- for any additional financial assistance under thorized by this subtitle to implement an tainability that is consistent with the pur- this subtitle until such time as the manage- amendment to the management plan until poses of the National Heritage Area; and ment plan is submitted to and approved by the Secretary approves the amendment. (5) coordinate projects, activities, and pro- the Secretary. (6) AUTHORITIES.—The Secretary may— grams with the Erie Canalway National Her- (c) APPROVAL OF MANAGEMENT PLAN.— (A) provide technical assistance under the itage Corridor. (1) REVIEW.—Not later than 180 days after authority of this subtitle for the develop- (c) AUTHORITIES.—For the purposes of pre- receiving the plan, the Secretary shall re- ment and implementation of the manage- paring and implementing the approved man- view and approve or disapprove the management plan; and agement plan for the National Heritage ment plan for a National Heritage Area on (B) enter into cooperative agreements with Area, the local coordinating entity may use the basis of the criteria established under interested parties to carry out this subtitle. Federal funds made available under this subparagraph (3). SEC. 425. EVALUATION; REPORT. title to— (2) CONSULTATION.—The Secretary shall (a) IN GENERAL.—Not later than 3 years be- (1) make grants to political jurisdictions, consult with the Governor before approving fore the date on which authority for Federal nonprofit organizations, and other parties a management plan for the National Herit- funding terminates for the National Heritage within the National Heritage Area; age Area. Area under this subtitle the Secretary (2) enter into cooperative agreements with (3) CRITERIA FOR APPROVAL.—In deter- shall— or provide technical assistance to political mining whether to approve a management (1) conduct an evaluation of the accom- jurisdictions, nonprofit organizations, Fed- plan for a National Heritage Area, the Sec- plishments of the National Heritage Area; eral agencies, and other interested parties; retary shall consider whether— and (3) hire and compensate staff, including in- (A) the local coordinating entity rep- (2) prepare a report in accordance with sub- dividuals with expertise in— resents the diverse interests of the National section (c). (A) natural, historical, cultural, edu- Heritage Area, including Federal, State, (b) EVALUATION.—An evaluation conducted cational, scenic, and recreational resource Tribal, and local governments, natural and under subsection (a)(1) shall— conservation; historic resource protection organizations, (1) assess the progress of the local coordi- (B) economic and community development; educational institutions, businesses, rec- nating entity with respect to— and reational organizations, community resi- (A) accomplishing the purposes of the au- (C) heritage planning; dents, and private property owners; thorizing legislation for the National Herit- (4) obtain funds or services from any (B) the local coordinating entity— age Area; and source, including other Federal programs; (i) has afforded adequate opportunity for (B) achieving the goals and objectives of (5) contract for goods or services; and public and Federal, State, Tribal, and local the approved management plan for the Na- (6) support activities of partners and any governmental involvement (including tional Heritage Area; other activities that further the purposes of

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the National Heritage Area and are con- (1) IN GENERAL.—A majority of the mem- (c) OTHER FEDERAL AGENCIES.—Nothing in sistent with the approved management plan. bers of the Commission shall constitute a this subtitle— (d) PROHIBITION ON ACQUISITION OF REAL quorum. (1) modifies, alters, or amends any law or PROPERTY.—The local coordinating entity (2) TRANSACTION.—For the transaction of regulation authorizing a Federal agency to may not use Federal funds authorized under any business or the exercise of any power of manage Federal land under the jurisdiction this subtitle to acquire any interest in real the Commission, the Commission shall have of the Federal agency; property. the power to act by a majority vote of the (2) limits the discretion of a Federal land SEC. 427. NIAGARA FALLS HERITAGE AREA COM- members present at any meeting at which a manager to implement an approved land use MISSION. quorum is in attendance. plan within the boundaries of a National (a) ESTABLISHMENT.—There is established (f) MEETINGS.— Heritage Area; or within the Department of the Interior the (1) IN GENERAL.—The Commission shall (3) modifies, alters, or amends any author- Niagara Falls National Heritage Area Com- meet at least quarterly at the call of— ized use of Federal land under the jurisdic- mission. (A) the Chairperson; or tion of a Federal agency. (b) MEMBERSHIP.—The Commission shall be (B) a majority of the members of the Com- SEC. 429. PRIVATE PROPERTY AND REGULATORY composed of 17 members, of whom— mission. PROTECTIONS. (1) 1 member shall be the Director of the (2) NOTICE.—Notice of Commission meet- Nothing in this subtitle— National Park Service (or a designee); ings and agendas for the meetings shall be (1) abridges the rights of any property (2) 5 members shall be appointed by the published in local newspapers that are dis- owner (whether public or private), including Secretary, after consideration of the rec- tributed throughout the National Heritage the right to refrain from participating in any ommendation of the Governor, from among Area. plan, project, program, or activity conducted individuals with knowledge and experience (3) APPLICABLE LAW.—Meetings of the Com- within the National Heritage Area; of— mission shall be subject to section 552b of (2) requires any property owner to permit (A) the New York State Office of Parks, title 5, United States Code. public access (including access by Federal, Recreation and Historic Preservation, the (g) AUTHORITIES OF THE COMMISSION.—In State, Tribal, or local agencies) to the prop- Niagara River Greenway Commission, the addition to the authorities otherwise grant- erty of the property owner, or to modify pub- New York Power Authority, the USA Niag- ed in this subtitle, the Commission may— lic access or use of property of the property ara Development Corporation, and the Niag- (1) request and accept from the head of any owner under any other Federal, State, Trib- ara Tourism and Convention Corporation; or Federal agency, on a reimbursable or non-real, or local law; (B) any successors of the agencies de- imbursable basis, any personnel of the Fed- (3) alters any duly adopted land use regula- scribed in subparagraph (A); eral agency to the Commission to assist in tion, approved land use plan, or other regu- (3) 1 member shall be appointed by the Sec- carrying out the duties of the Commission; latory authority of any Federal, State, Trib- retary, after consideration of the rec- (2) request and accept from the head of any al, or local agency, or conveys any land use ommendation of the mayor of Niagara Falls, State agency or any agency of a political or other regulatory authority to any local New York; subdivision of the State, on a reimbursable coordinating entity, including but not nec- (4) 1 member shall be appointed by the Sec- or nonreimbursable basis, any personnel of essarily limited to development and manage- retary, after consideration of the rec- the agency to the Commission to assist in ment of energy, water, or water-related in- ommendation of the mayor of the village of carrying out the duties of the Commission; frastructure; Youngstown, New York; (3) seek, accept, and dispose of gifts, be- (4) authorizes or implies the reservation or (5) 1 member shall be appointed by the Sec- quests, grants, or donations of money, per- appropriation of water or water rights; retary, after consideration of the rec- sonal property, or services; and (5) diminishes the authority of the State to ommendation of the mayor of the village of (4) use the United States mails in the same manage fish and wildlife, including the regu- Lewiston, New York; manner as other agencies of the Federal Gov- lation of fishing and hunting within the Na- (6) 1 member shall be appointed by the Sec- ernment. tional Heritage Area; or (h) DUTIES OF THE COMMISSION.—To further retary, after consideration of the rec- (6) creates any liability, or affects any li- the purposes of the National Heritage Area, ommendation of the Tuscarora Nation; ability under any other law, of any private in addition to the duties otherwise listed in (7) 1 member shall be appointed by the Sec- property owner with respect to any person this subtitle, the Commission shall assist in retary, after consideration of the rec- injured on the private property. the transition of the management of the Na- ommendation of the Seneca Nation of Indi- tional Heritage Area from the Commission SEC. 430. AUTHORIZATION OF APPROPRIATIONS. ans; and to the local coordinating entity designated (a) AUTHORIZATION OF APPROPRIATIONS.— (8) 6 members shall be individuals who under this subtitle. Subject to subsection (b), there are author- have an interest in, support for, and exper- (i) COMPENSATION OF MEMBERS.— ized to be appropriated to carry out this sub- tise appropriate to tourism, regional plan- (1) IN GENERAL.—A member of the Commis- title not more than $1,000,000 for any fiscal ning, history and historic preservation, cul- sion shall serve without compensation. year. Funds so appropriated shall remain tural or natural resource management, con- (2) TRAVEL EXPENSES.—A member of the available until expended. servation, recreation, and education, or mu- Commission shall be allowed travel expenses, (b) LIMITATION ON TOTAL AMOUNTS APPRO- seum services, of whom— including per diem in lieu of subsistence, at PRIATED.—Not more than $15,000,000 may be (A) 4 members shall be appointed by the rates authorized for an employee of an agen- appropriated to carry out this subtitle. Secretary, after consideration of the rec- cy under subchapter I of chapter 57 of title 5, (c) COST-SHARING REQUIREMENT.—The Fed- ommendation of the 2 members of the Senate United States Code, while away from the eral share of the total cost of any activity from the State; and home or regular place of business of the under this subtitle shall be not more than 50 (B) 2 members shall be appointed by the member in the performance of the duties of percent; the non-Federal contribution may Secretary, after consideration of the rec- the Commission. be in the form of in-kind contributions of ommendation of the Member of the House of (j) GIFTS.—For purposes of section 170(c) of goods or services fairly valued. Representatives whose district encompasses the Internal Revenue Code of 1986, any gift SEC. 431. USE OF FEDERAL FUNDS FROM OTHER the National Heritage Area. or charitable contribution to the Commis- SOURCES. (c) TERMS; VACANCIES.— sion shall be considered to be a charitable Nothing in this subtitle shall preclude the (1) TERM.—A member of the Commission contribution or gift to the United States. local coordinating entity from using Federal shall be appointed for a term not to exceed 5 (k) USE OF FEDERAL FUNDS.—Except as pro- funds available under other laws for the pur- years. vided for the leasing of administrative facili- poses for which those funds were authorized. (2) VACANCIES.— ties under subsection (g)(1), the Commission SEC. 432. SUNSET FOR GRANTS AND OTHER AS- (A) PARTIAL TERM.—A member appointed may not use Federal funds made available to SISTANCE. to fill a vacancy on the Commission shall the Commission under this subtitle to ac- The authority of the Secretary to provide serve for the remainder of the term for which quire any real property or interest in real financial assistance under this subtitle ter- the predecessor of the member was ap- property. minates on the date that is 15 years after the pointed. SEC. 428. RELATIONSHIP TO OTHER FEDERAL date of enactment of this Act. (B) IN GENERAL.—A vacancy on the Com- AGENCIES. Subtitle C—Abraham Lincoln National mission shall be filled in the same manner as (a) IN GENERAL.—Nothing in this subtitle the original appointment was made. affects the authority of a Federal agency to Heritage Area (d) CHAIRPERSON AND VICE CHAIRPERSON.— provide technical or financial assistance SEC. 441. PURPOSES. (1) SELECTION.—The Commission shall se- under any other law. The purposes of this subtitle include— lect a Chairperson and Vice Chairperson (b) CONSULTATION AND COORDINATION.—The (1) to recognize the significant natural and from among the members of the Commis- head of any Federal agency planning to con- cultural legacies of the area, as dem- sion. duct activities that may have an impact on onstrated in the study entitled ‘‘Feasibility (2) VICE CHAIRPERSON.—The Vice Chair- a National Heritage Area is encouraged to Study of the Proposed Abraham Lincoln Na- person shall serve as the Chairperson in the consult and coordinate the activities with tional Heritage Area’’ prepared for the Look- absence of the Chairperson. the Secretary and the local coordinating ening for Lincoln Heritage Coalition in 2002 (e) QUORUM.— tity to the maximum extent practicable. and revised in 2007;

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(2) to promote heritage, cultural and rec- (1) describe comprehensive policies, goals, (2) CONSULTATION.—The Secretary shall reational tourism and to develop educational strategies, and recommendations for telling consult with the Governor of each State in and cultural programs for visitors and the the story of the heritage of the area covered which the National Heritage Area is located general public; by the National Heritage Area and encour- before approving a management plan for the (3) to recognize and interpret important aging long-term resource protection, en- National Heritage Area. events and geographic locations representing hancement, interpretation, funding, manage- (3) CRITERIA FOR APPROVAL.—In deter- key periods in the growth of America, in- ment, and development of the National Her- mining whether to approve a management cluding Native American, Colonial Amer- itage Area; plan for a National Heritage Area, the Sec- ican, European American, and African Amer- (2) include a description of actions and retary shall consider whether— ican heritage; commitments that Federal, State, Tribal, (A) the local coordinating entity rep- (4) to recognize and interpret the distinc- and local governments, private organiza- resents the diverse interests of the National tive role the region played in shaping the tions, and citizens will take to protect, en- Heritage Area, including Federal, State, man who would become the 16th President of hance, interpret, fund, manage, and develop Tribal, and local governments, natural, and the United States, and how Abraham Lin- the natural, historical, cultural, educational, historic resource protection organizations, coln’s life left its traces in the stories, folk- scenic, and recreational resources of the Na- educational institutions, businesses, rec- lore, buildings, streetscapes, and landscapes tional Heritage Area; reational organizations, community resi- of the region; (3) specify existing and potential sources of dents, and private property owners; (5) to provide a cooperative management funding or economic development strategies (B) the local coordinating entity— framework to foster a close working rela- to protect, enhance, interpret, fund, manage, (i) has afforded adequate opportunity for tionship with all levels of government, the and develop the National Heritage Area; public and Federal, State, Tribal, and local private sector, and the local communities in (4) include an inventory of the natural, his- governmental involvement (including the region in identifying, preserving, inter- torical, cultural, educational, scenic, and through workshops and hearings) in the preting, and developing the historical, cul- recreational resources of the National Herit- preparation of the management plan; and tural, scenic, and natural resources of the re- age Area related to the national importance (ii) provides for at least semiannual public gion for the educational and inspirational and themes of the National Heritage Area meetings to ensure adequate implementation benefit of current and future generations; that should be protected, enhanced, inter- of the management plan; and preted, managed, funded, and developed; (C) the resource protection, enhancement, (6) to provide appropriate linkages between (5) recommend policies and strategies for interpretation, funding, management, and units of the National Park System and com- resource management, including the devel- development strategies described in the munities, governments, and organizations opment of intergovernmental and inter- management plan, if implemented, would within the Heritage Area. agency agreements to protect, enhance, inadequately protect, enhance, interpret, fund, SEC. 442. DEFINITIONS. terpret, fund, manage, and develop the nat- manage, and develop the natural, historic, In this subtitle: ural, historical, cultural, educational, sce- cultural, educational, scenic, and rec- (1) LOCAL COORDINATING ENTITY.—The term nic, and recreational resources of the Na- reational resources of the National Heritage ‘‘local coordinating entity’’ means the Look- tional Heritage Area; Area; (D) the management plan would not ad- ing for Lincoln Heritage Coalition, which is (6) describe a program for implementation versely affect any activities authorized on hereby designated by Congress— for the management plan, including— Federal land under public land laws or land (A) to develop, in partnership with others, (A) performance goals; use plans; the management plan for the National Herit- (B) plans for resource protection, enhance- (E) the local coordinating entity has dem- age Area; and ment, interpretation, funding, management, onstrated the financial capability, in part- (B) to act as a catalyst for the implemen- and development; and tation of projects and programs among di- nership with others, to carry out the plan; (C) specific commitments for implementa- verse partners in the National Heritage (F) the Secretary has received adequate as- tion that have been made by the local co- Area. surances from the appropriate State, Tribal, ordinating entity or any Federal, State, (2) MANAGEMENT PLAN.—The term ‘‘man- and local officials whose support is needed to Tribal, or local government agency, organi- agement plan’’ means the plan prepared by ensure the effective implementation of the zation, business, or individual; the local coordinating entity for the Na- State, Tribal, and local elements of the man- (7) include an analysis of, and rec- tional Heritage Area that specifies actions, agement plan; and ommendations for, means by which Federal, policies, strategies, performance goals, and (G) the management plan demonstrates State, Tribal, and local programs may best recommendations to meet the goals of the partnerships among the local coordinating be coordinated (including the role of the Na- National Heritage Area, in accordance with entity, Federal, State, Tribal, and local gov- tional Park Service and other Federal agen- this subtitle. ernments, regional planning organizations, cies associated with the National Heritage (3) NATIONAL HERITAGE AREA.—The term nonprofit organizations, or private sector Area) to further the purposes of this subtitle; ‘‘National Heritage Area’’ means the Abra- parties for implementation of the manage- and ham Lincoln National Heritage Area estab- ment plan. (8) include a business plan that— lished in this subtitle. (4) DISAPPROVAL.— (A) describes the role, operation, financing, (4) SECRETARY.—The term ‘‘Secretary’’ (A) IN GENERAL.—If the Secretary dis- and functions of the local coordinating enti- means the Secretary of the Interior. approves the management plan, the Sec- ty and of each of the major activities con- SEC. 443. DESIGNATION OF ABRAHAM LINCOLN retary— NATIONAL HERITAGE AREA. tained in the management plan; and (i) shall advise the local coordinating enti- (B) provides adequate assurances that the (a) ESTABLISHMENT.—There is hereby es- ty in writing of the reasons for the dis- tablished the Abraham Lincoln National local coordinating entity has the partner- approval; and Heritage Area. ships and financial and other resources nec- (ii) may make recommendations to the (b) BOUNDARIES.— essary to implement the management plan local coordinating entity for revisions to the (1) IN GENERAL.—The National Heritage for the National Heritage Area. management plan. Area shall consist of sites as designated by (b) DEADLINE.— (B) DEADLINE.—Not later than 180 days the management plan within a core area lo- (1) IN GENERAL.—Not later than 3 years after receiving a revised management plan, cated in Central Illinois, consisting of after the date on which funds are first made the Secretary shall approve or disapprove Adams, Brown, Calhoun, Cass, Champaign, available to develop the management plan the revised management plan. Christian, Clark, Coles, Cumberland, Dewitt, after designation as a National Heritage (5) AMENDMENTS.— Douglas, Edgar, Fayette, Fulton, Greene, Area, the local coordinating entity shall sub- (A) IN GENERAL.—An amendment to the Hancock, Henderson, Jersey, Knox, LaSalle, mit the management plan to the Secretary management plan that substantially alters Logan, Macon, Macoupin, Madison, Mason, for approval. the purposes of the National Heritage Area McDonough, McLean, Menard, Montgomery, (2) TERMINATION OF FUNDING.—If the man- shall be reviewed by the Secretary and ap- Morgan, Moultrie, Peoria, Piatt, Pike, San- agement plan is not submitted to the Sec- proved or disapproved in the same manner as gamon, Schuyler, Scott, Shelby, Tazewell, retary in accordance with paragraph (1), the the original management plan. Vermillion, Warren and Woodford counties. local coordinating entity shall not qualify (B) IMPLEMENTATION.—The local coordi- (2) MAP.—The boundaries of the National for any additional financial assistance under nating entity shall not use Federal funds au- Heritage Area shall be as generally depicted this subtitle until such time as the manage- thorized by this subtitle to implement an on the map titled ‘‘Proposed Abraham Lin- ment plan is submitted to and approved by amendment to the management plan until coln National Heritage Area’’, and numbered the Secretary. the Secretary approves the amendment. 338/80,000, and dated July 2007. The map shall (c) APPROVAL OF MANAGEMENT PLAN.— (6) AUTHORITIES.—The Secretary may— be on file and available to the public in the (1) REVIEW.—Not later than 180 days after (A) provide technical assistance under the appropriate offices of the National Park receiving the plan, the Secretary shall re- authority of this subtitle for the develop- Service and the local coordinating entity. view and approve or disapprove the management and implementation of the manage- SEC. 444. MANAGEMENT PLAN. ment plan for a National Heritage Area on ment plan; and (a) REQUIREMENTS.—The management plan the basis of the criteria established under (B) enter into cooperative agreements with for the National Heritage Area shall— paragraph (3). interested parties to carry out this subtitle.

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SEC. 445. EVALUATION; REPORT. (A) natural, historical, cultural, edu- (c) COST-SHARING REQUIREMENT.—The Fed- (a) IN GENERAL.—Not later than 3 years be- cational, scenic, and recreational resource eral share of the total cost of any activity fore the date on which authority for Federal conservation; under this subtitle shall be not more than 50 funding terminates for the National Heritage (B) economic and community development; percent; the non-Federal contribution may Area under this subtitle, the Secretary and be in the form of in-kind contributions of shall— (C) heritage planning; goods or services fairly valued. (1) conduct an evaluation of the accom- (4) obtain funds or services from any SEC. 450. USE OF FEDERAL FUNDS FROM OTHER plishments of the National Heritage Area; source, including other Federal programs; SOURCES. and (5) contract for goods or services; and Nothing in this subtitle shall preclude the (2) prepare a report in accordance with sub- (6) support activities of partners and any local coordinating entity from using Federal section (c). other activities that further the purposes of funds available under other laws for the pur- (b) EVALUATION.—An evaluation conducted the National Heritage Area and are con- poses for which those funds were authorized. under subsection (a)(1) shall— sistent with the approved management plan. (1) assess the progress of the local coordi- SEC. 451. SUNSET FOR GRANTS AND OTHER AS- (c) PROHIBITION ON ACQUISITION OF REAL SISTANCE. nating entity with respect to— PROPERTY.—The local coordinating entity The authority of the Secretary to provide (A) accomplishing the purposes of the au- may not use Federal funds authorized under financial assistance under this subtitle ter- thorizing legislation for the National Herit- this subtitle to acquire any interest in real minates on the date that is 15 years after the age Area; and property. date of the enactment of this subtitle. (B) achieving the goals and objectives of SEC. 447. RELATIONSHIP TO OTHER FEDERAL the approved management plan for the Na- AGENCIES. Subtitle D—Authorization Extensions and tional Heritage Area; (a) IN GENERAL.—Nothing in this subtitle Viability Studies (2) analyze the Federal, State, Tribal, and affects the authority of a Federal agency to SEC. 461. EXTENSIONS OF AUTHORIZED APPRO- local, and private investments in the Na- provide technical or financial assistance PRIATIONS. tional Heritage Area to determine the im- under any other law. Division II of the Omnibus Parks and Pub- pact of the investments; and (b) CONSULTATION AND COORDINATION.—The lic Lands Management Act of 1996 (Public (3) review the management structure, part- head of any Federal agency planning to con- Law 104–333; 16 U.S.C. 461 note) is amended in nership relationships, and funding of the Na- duct activities that may have an impact on each of sections 108(a), 209(a), 311(a), 409(a), tional Heritage Area for purposes of identi- a National Heritage Area is encouraged to 508(a), 608(a), 708(a), 810(a) (as redesignated fying the critical components for sustain- consult and coordinate the activities with by section 474(9)), and 909(c), by striking ability of the National Heritage Area. the Secretary and the local coordinating en- ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. (c) REPORT.—Based on the evaluation con- tity to the maximum extent practicable. SEC. 462. EVALUATION AND REPORT. THER EDERAL GENCIES ducted under subsection (a)(1), the Secretary (c) O F A .—Nothing in (a) IN GENERAL.—For the nine National shall submit a report to the Committee on this subtitle— Heritage Areas authorized in Division II of Natural Resources of the United States (1) modifies, alters, or amends any law or the Omnibus Parks and Public Lands Man- House of Representatives and the Committee regulation authorizing a Federal agency to agement Act of 1996, not later than 3 years on Energy and Natural Resources of the manage Federal land under the jurisdiction before the date on which authority for Fed- United States Senate. The report shall in- of the Federal agency; eral funding terminates for each National clude recommendations for the future role of (2) limits the discretion of a Federal land Heritage Area, the Secretary shall— the National Park Service, if any, with re- manager to implement an approved land use (1) conduct an evaluation of the accom- spect to the National Heritage Area. plan within the boundaries of a National plishments of the National Heritage Area; SEC. 446. LOCAL COORDINATING ENTITY. Heritage Area; or and (a) DUTIES.—To further the purposes of the (3) modifies, alters, or amends any author- (2) prepare a report in accordance with sub- National Heritage Area, the Looking for Lin- ized use of Federal land under the jurisdic- section (c). coln Heritage Coalition, as the local coordi- tion of a Federal agency. (b) EVALUATION.—An evaluation conducted nating entity, shall— SEC. 448. PRIVATE PROPERTY AND REGULATORY under subsection (a)(1) shall— (1) prepare a management plan for the Na- PROTECTIONS. (1) assess the progress of the local manage- Nothing in this subtitle— tional Heritage Area, and submit the man- ment entity with respect to— (1) abridges the rights of any property agement plan to the Secretary, in accord- (A) accomplishing the purposes of the au- owner (whether public or private), including ance with this subtitle; thorizing legislation for the National Herit- the right to refrain from participating in any (2) submit an annual report to the sec- age Area; and plan, project, program, or activity conducted retary for each fiscal year for which the (B) achieving the goals and objectives of within the National Heritage Area; local coordinating entity receives Federal the approved management plan for the Na- (2) requires any property owner to permit funds under this subtitle, specifying— tional Heritage Area; public access (including access by Federal, (A) the specific performance goals and ac- (2) analyze the investments of Federal, State, Tribal, or local agencies) to the prop- complishments of the local coordinating en- State, Tribal, and local government and pri- erty of the property owner, or to modify pub- tity; vate entities in each National Heritage Area lic access or use of property of the property (B) the expenses and income of the local to determine the impact of the investments; owner under any other Federal, State, Trib- coordinating entity; and al, or local law; (C) the amounts and sources of matching (3) review the management structure, part- (3) alters any duly adopted land use regula- funds; nership relationships, and funding of the Na- tion, approved land use plan, or other regu- (D) the amounts leveraged with Federal tional Heritage Area for purposes of identi- latory authority of any Federal, State, Trib- funds and sources of the leveraging; and fying the critical components for sustain- al, or local agency, or conveys any land use (E) grants made to any other entities dur- ability of the National Heritage Area. ing the fiscal year; or other regulatory authority to any local (c) REPORT.—Based on the evaluation con- (3) make available for audit for each fiscal coordinating entity, including but not nec- ducted under subsection (a)(1), the Secretary year for which the local coordinating entity essarily limited to development and manage- shall submit a report to the Committee on receives Federal funds under this subtitle, ment of energy, water, or water-related in- Natural Resources of the United States all information pertaining to the expendi- frastructure; House of Representatives and the Committee ture of the funds and any matching funds; (4) authorizes or implies the reservation or on Energy and Natural Resources of the Sen- and appropriation of water or water rights; ate. The report shall include recommenda- (4) encourage economic viability and sus- (5) diminishes the authority of the State to tions for the future role of the National Park tainability that is consistent with the pur- manage fish and wildlife, including the regu- Service, if any, with respect to the National poses of the National Heritage Area. lation of fishing and hunting within the Na- Heritage Area. (b) AUTHORITIES.—For the purposes of pre- tional Heritage Area; or paring and implementing the approved man- (6) creates any liability, or affects any li- Subtitle E—Technical Corrections and agement plan for the National Heritage ability under any other law, of any private Additions Area, the local coordinating entity may use property owner with respect to any person SEC. 471. NATIONAL COAL HERITAGE AREA TECH- Federal funds made available under this sub- injured on the private property. NICAL CORRECTIONS. title to— SEC. 449. AUTHORIZATION OF APPROPRIATIONS. Title I of Division II of the Omnibus Parks (1) make grants to political jurisdictions, (a) AUTHORIZATION OF APPROPRIATIONS.— and Public Lands Management Act of 1996 nonprofit organizations, and other parties Subject to subsection (b), there are author- (Public Law 104–333 as amended by Public within the National Heritage Area; ized to be appropriated to carry out this sub- Law 106–176 and Public Law 109–338) is (2) enter into cooperative agreements with title not more than $1,000,000 for any fiscal amended— or provide technical assistance to political year. Funds so appropriated shall remain (1) by striking section 103(b) and inserting jurisdictions, nonprofit organizations, Fed- available until expended. the following: eral agencies, and other interested parties; (b) LIMITATION ON TOTAL AMOUNTS APPRO- ‘‘(b) BOUNDARIES.—The National Coal Her- (3) hire and compensate staff, including in- PRIATED.—Not more than $15,000,000 may be itage Area shall be comprised of Lincoln dividuals with expertise in— appropriated to carry out this subtitle. County, West Virginia, and Paint Creek and

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.015 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2793 Cabin Creek within Kanawah County, West (6) in the heading of section 804, by strik- land within the study area, appropriate Virginia, and the counties that are the sub- ing ‘‘CANAL NATIONAL HERITAGE COR- State and local governmental agencies, trib- ject of the study by the National Park Serv- RIDOR’’ and inserting ‘‘NATIONAL HERIT- al governments, and any interested organiza- ice, dated 1993, entitled ‘A Coal Mining Her- AGE CANALWAY’’; tions, shall conduct a study to determine the itage Study: Southern West Virginia’ con- (7) in the second sentence of section feasibility of designating the study area as ducted pursuant to title VI of Public Law 804(b)(1), by striking ‘‘808’’ and inserting the Columbia-Pacific National Heritage 100–699.’’; ‘‘806’’; Area. (2) by striking section 105 and inserting the (8) by striking sections 805 and 806; (2) REQUIREMENTS.—The study shall in- following: (9) by redesignating sections 807, 808, 809, clude analysis, documentation, and deter- ‘‘SEC. 105. ELIGIBLE RESOURCES. 810, 811, and 812 as sections 805, 806, 807, 808, minations on whether the study area— ‘‘(a) IN GENERAL.—The resources eligible 809, and 810, respectively; (A) has an assemblage of natural, historic, for the assistance under section 104 shall in- (10) in section 805(c)(2) (as redesignated by and cultural resources that together rep- clude— paragraph (9)), by striking ‘‘808’’ and insert- resent distinctive aspects of American herit- ‘‘(1) resources in Lincoln County, West Vir- ing ‘‘806’’; age worthy of recognition, conservation, in- ginia, and Paint Creek and Cabin Creek in (11) in section 806 (as redesignated by para- terpretation, and continuing use, and are Kanawah County, West Virginia, as deter- graph (9))— best managed through partnerships among mined to be appropriate by the National Coal (A) in subsection (a)(1), by striking ‘‘Com- public and private entities and by combining Heritage Area Authority; and mittee’’ and inserting ‘‘Secretary’’; diverse and sometimes noncontiguous re- ‘‘(2) the resources set forth in appendix D (B) in the heading of subsection (a)(1), by sources and active communities; of the study by the National Park Service, striking ‘‘COMMITTEE’’ and inserting ‘‘SEC- (B) reflects traditions, customs, beliefs, dated 1993, entitled ‘A Coal Mining Heritage RETARY’’; and folklife that are a valuable part of the Study: Southern West Virginia’ conducted (C) in subsection (a)(3), in the first sen- national story; pursuant to title VI of Public Law 100–699. tence of subparagraph (B), by striking ‘‘Com- (C) provides outstanding opportunities to ‘‘(b) PRIORITY.—Priority consideration mittee’’ and inserting ‘‘management entity’’; conserve natural, historic, cultural, or scenic shall be given to those sites listed as ‘Con- (D) in subsection (e), by striking features; servation Priorities’ and ‘Important Historic ‘‘807(d)(1)’’ and inserting ‘‘805(d)(1)’’; and (D) provides outstanding recreational and Resources’ as depicted on the map entitled (E) in subsection (f), by striking ‘‘807(d)(1)’’ educational opportunities; ‘Study Area: Historic Resources’ in such and inserting ‘‘805(d)(1)’’; (E) contains resources important to the study.’’; (12) in section 807 (as redesignated by para- identified theme or themes of the study area (3) in section 106(a)— graph (9)), in subsection (c) by striking that retain a degree of integrity capable of (A) by striking ‘‘Governor’’ and all that ‘‘Cayohoga Valley National Recreation supporting interpretation; follows through ‘‘Parks,’’ and inserting ‘‘Na- Area’’ and inserting ‘‘Cayohoga Valley Na- (F) includes residents, business interests, tional Coal Heritage Area Authority’’; and tional Park’’; nonprofit organizations, and local and State (B) in paragraph (3), by striking ‘‘State of (13) in section 808 (as redesignated by para- governments that are involved in the plan- West Virginia’’ and all that follows through graph (9))— ning, have developed a conceptual financial ‘‘entities, or’’ and inserting ‘‘National Coal (A) in subsection (b), by striking ‘‘Com- plan that outlines the roles for all partici- Heritage Area Authority or’’; and mittee or’’; and pants, including the Federal Government, (4) in section 106(b), by inserting ‘‘not’’ be- (B) in subsection (c), in the matter before and have demonstrated support for the con- fore ‘‘meet’’. paragraph (1), by striking ‘‘Committee’’ and cept of a national heritage area; SEC. 472. RIVERS OF STEEL NATIONAL HERITAGE inserting ‘‘management entity’’; and (G) has a potential local coordinating enti- AREA ADDITION. (14) in section 809 (as redesignated by para- ty to work in partnership with residents, Section 403(b) of title IV of Division II of graph (9)), by striking ‘‘assistance’’ and in- business interests, nonprofit organizations, the Omnibus Parks and Public Lands Man- serting ‘‘financial assistance’’. and local and State governments to develop agement Act of 1996 (Public Law 104–333) is SEC. 475. NEW JERSEY COASTAL HERITAGE a national heritage area consistent with con- amended by inserting ‘‘Butler,’’ after ‘‘Bea- TRAIL ROUTE EXTENSION OF AU- tinued local and State economic activity; THORIZATION. ver,’’. and Section 6 of Public Law 100–515 (16 U.S.C. SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE (H) has a conceptual boundary map that is 1244 note) is amended as follows: CORRIDOR ADDITION. supported by the public. (1) Strike paragraph (1) of subsection (b) Section 604(b)(2) of title VI of Division II of (3) PRIVATE PROPERTY.—In conducting the and insert the following new paragraph: the Omnibus Parks and Public Lands Man- study required by this subsection, the Sec- ‘‘(1) IN GENERAL.—Amounts made available agement Act of 1996 is amended by adding at retary shall analyze the potential impact the end the following new subparagraphs: under subsection (a) shall be used only for— ‘‘(A) technical assistance; that designation of the area as a national ‘‘(O) Berkeley County. heritage area is likely to have on land within ‘‘(P) Saluda County. ‘‘(B) the design and fabrication of interpretive materials, devices, and signs; and the proposed area or bordering the proposed ‘‘(Q) The portion of Georgetown County area that is privately owned at the time that that is not part of the Gullah/Geechee Cul- ‘‘(C) the preparation of the strategic plan.’’. the study is conducted. tural Heritage Corridor.’’. (c) REPORT.—Not later than 3 fiscal years (2) Paragraph (3) of subsection (b) is SEC. 474. OHIO AND ERIE CANAL NATIONAL HER- after the date on which funds are made avail- ITAGE CORRIDOR TECHNICAL COR- amended by inserting after subparagraph (B) able to carry out the study, the Secretary RECTIONS. a new subparagraph as follows: shall submit to the Committee on Energy Title VIII of Division II of the Omnibus ‘‘(C) Notwithstanding paragraph (3)(A), and Natural Resources of the Senate and the Parks and Public Lands Management Act of funds made available under subsection (a) for Committee on Natural Resources of the 1996 (Public Law 104–333) is amended— the preparation of the strategic plan shall House of Representatives a report that de- (1) by striking ‘‘Canal National Heritage not require a non-Federal match.’’. scribes the findings, conclusions, and rec- Corridor’’ each place it appears and inserting (3) Subsection (c) is amended by striking ommendations of the Secretary with respect ‘‘National Heritage Canalway’’; ‘‘2007’’ and inserting ‘‘2011’’. to the study. (2) by striking ‘‘corridor’’ each place it ap- Subtitle F—Studies SEC. 482. STUDY OF SITES RELATING TO ABRA- pears and inserting ‘‘canalway’’, except in SEC. 481. COLUMBIA-PACIFIC NATIONAL HERIT- HAM LINCOLN IN KENTUCKY. references to the feasibility study and man- AGE AREA STUDY. (a) DEFINITIONS.—In this section: agement plan; (a) DEFINITIONS.—In this section: (1) HERITAGE AREA.—The term ‘‘Heritage (3) in the heading of section 808(a)(3), by (1) SECRETARY.—The term ‘‘Secretary’’ Area’’ means a National Heritage Area in the striking ‘‘CORRIDOR’’ and inserting means the Secretary of the Interior. State to honor Abraham Lincoln. ‘‘CANALWAY’’; (2) STUDY AREA.—The term ‘‘study area’’ (2) STATE.—The term ‘‘State’’ means the (4) in the title heading, by striking means— Commonwealth of Kentucky. ‘‘CANAL NATIONAL HERITAGE COR- (A) the coastal areas of Clatsop and Pacific (3) STUDY AREA.—The term ‘‘study area’’ RIDOR’’ and inserting ‘‘NATIONAL HERIT- Counties (also known as the North Beach Pe- means the study area described in subsection AGE CANALWAY’’; ninsula); and (b)(2). (5) in section 803— (B) areas relating to Native American his- (b) STUDY.— (A) by striking paragraph (2); tory, local history, Euro-American settle- (1) IN GENERAL.—The Secretary, in con- (B) by redesignating paragraphs (3), (4), (5), ment culture, and related economic activi- sultation with the Kentucky Historical Soci- (6), and (7) as paragraphs (2), (3), (4), (5), and ties of the Columbia River within a corridor ety, other State historical societies, the (6), respectively; along the Columbia River eastward in State Historic Preservation Officer, State (C) in paragraph (2) (as redesignated by Clatsop, Pacific, Columbia, and Wahkiakum tourism offices, and other appropriate orga- subparagraph (B)), by striking ‘‘808’’ and in- Counties. nizations and agencies, shall conduct a study serting ‘‘806’’; and (b) COLUMBIA-PACIFIC NATIONAL HERITAGE to assess the suitability and feasibility of (D) in paragraph (6) (as redesignated by AREA STUDY.— designating the study area as a National subparagraph (B)), by striking ‘‘807(a)’’ and (1) IN GENERAL.—The Secretary, in con- Heritage Area in the State to honor Abra- inserting ‘‘805(a)’’; sultation with the managers of any Federal ham Lincoln.

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(2) DESCRIPTION OF STUDY AREA.—The study Secretary shall submit to the Committee on be computed and assessed under section 5 of area shall include— Natural Resources of the House of Rep- the Small Reclamation Projects Act of 1956 (A) Boyle, Breckinridge, Fayette, Frank- resentatives and the Committee on Energy (43 U.S.C. 422a et seq.).’’; and lin, Hardin, Jefferson, Jessamine, Larue, and Natural Resources of the Senate a report (2) by striking subsection (c). Madison, Mercer, and Washington Counties that describes— SEC. 503. AMERICAN RIVER PUMP STATION in the State; and (1) the findings of the study; and PROJECT TRANSFER. (B) the following sites in the State: (2) any conclusions and recommendations (a) AUTHORITY TO TRANSFER.—The Sec- (i) The Abraham Lincoln Birthplace Na- of the Secretary. retary of the Interior (hereafter in this sec- tional Historic Site. TITLE V—BUREAU OF RECLAMATION AND tion referred to as the ‘‘Secretary’’) shall (ii) The Abraham Lincoln Boyhood Home UNITED STATES GEOLOGICAL SURVEY transfer ownership of the American River Unit. AUTHORIZATIONS Pump Station Project located at Auburn, (iii) Downtown Hodgenville, Kentucky, in- California, which includes the Pumping cluding the Lincoln Museum and Adolph A. SEC. 501. ALASKA WATER RESOURCES STUDY. (a) DEFINITIONS.—In this section: Plant, associated facilities, and easements Weinman statue. necessary for permanent operation of the fa- (iv) Lincoln Homestead State Park and (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. cilities, to the Placer County Water Agency, Mordecai Lincoln House. in accordance with the terms of Contract No. (v) Camp Nelson Heritage Park. (2) STATE.—The term ‘‘State’’ means the State of Alaska. 02–LC–20–7790 between the United States and (vi) Farmington Historic Home. Placer County Water Agency and the terms (vii) The Mary Todd Lincoln House. (b) ALASKA WATER RESOURCES STUDY.— (1) STUDY.—The Secretary, acting through and conditions established in this section. (viii) Ashland, which is the Henry Clay Es- (b) FEDERAL COSTS NONREIMBURSABLE.— tate. the Commissioner of Reclamation and the Director of the United States Geological Federal costs associated with construction of (ix) The Old State Capitol. the American River Pump Station Project (x) The Kentucky Military History Mu- Survey, where appropriate, and in accordance with this section and other applicable located at Auburn, California, are non- seum. reimbursable. (xi) The Thomas D. Clark Center for Ken- provisions of law, shall conduct a study that includes— (c) GRANT OF REAL PROPERTY INTEREST.— tucky History. The Secretary is authorized to grant title to (xii) The New State Capitol. (A) a survey of accessible water supplies, Placer County Water Agency as provided in (xiii) Whitehall. including aquifers, on the Kenai Peninsula subsection (a) in full satisfaction of the (xiv) Perryville Battlefield State Historic and in the Municipality of Anchorage, the United States’ obligations under Land Pur- Site. Matanuska-Susitna Borough, the city of chase Contract 14–06–859–308 to provide a (xv) The Joseph Holt House. Fairbanks, and the Fairbanks Northstar Bor- water supply to the Placer County Water (xvi) Elizabethtown, Kentucky, including ough; Agency. the Lincoln Heritage House. (B) a survey of water treatment needs and (d) COMPLIANCE WITH ENVIRONMENTAL (xvii) Lincoln Marriage Temple at Fort technologies, including desalination, appli- LAWS.— Harrod. cable to the water resources of the State; (1) IN GENERAL.—Before conveying land and (3) REQUIREMENTS.—The study shall in- and clude analysis, documentation, and deter- (C) a review of the need for enhancement of facilities pursuant to this section, the Sec- minations on whether the study area— the streamflow information collected by the retary shall comply with all applicable re- (A) has an assemblage of natural, historic, United States Geological Survey in the State quirements under— and cultural resources that— relating to critical water needs in areas such (A) the National Environmental Policy Act (i) interpret— as— of 1969 (42 U.S.C. 4321 et seq.); (I) the life of Abraham Lincoln; and (i) infrastructure risks to State transpor- (B) the Endangered Species Act of 1973 (16 (II) the contributions of Abraham Lincoln tation; U.S.C. 1531 et seq.); and to the United States; (ii) flood forecasting; (C) any other law applicable to the land (ii) represent distinctive aspects of the her- (iii) resource extraction; and and facilities. itage of the United States; (iv) fire management. (2) EFFECT.—Nothing in this section modi- (iii) are worthy of recognition, conserva- (2) REPORT.—Not later than 2 years after fies or alters any obligations under— tion, interpretation, and continuing use; and the date of enactment of this Act, the Sec- (A) the National Environmental Policy Act (iv) would be best managed— retary shall submit to the Committee on of 1969 (42 U.S.C. 4321 et seq.); or (I) through partnerships among public and Natural Resources of the House of Rep- (B) the Endangered Species Act of 1973 (16 private entities; and resentatives and the Committee on Energy U.S.C. 1531 et seq.). (II) by linking diverse and sometimes non- and Natural Resources of the Senate a report (e) RELEASE FROM LIABILITY.—Effective on contiguous resources and active commu- describing the results of the study required the date of transfer to the Placer County nities; by paragraph (1). Water Agency of any land or facility under (B) reflects traditions, customs, beliefs, (c) SUNSET.—The authority of the Sec- this section, the United States shall not be and historical events that are a valuable retary to carry out any provisions of this liable for damages arising out of any act, part of the story of the United States; section shall terminate 10 years after the omission, or occurrence relating to the land (C) provides— date of enactment of this Act. and facilities, consistent with Article 9 of (i) outstanding opportunities to conserve (d) AUTHORIZATION OF APPROPRIATIONS.— Contract No. 02–LC–20–7790 between the natural, historic, cultural, or scenic fea- There are authorized to be appropriated such United States and Placer County Water tures; and sums as are necessary to carry out this sec- Agency. (ii) outstanding educational opportunities; tion. SEC. 504. ARTHUR V. WATKINS DAM ENLARGE- (D) contains resources that— SEC. 502. RENEGOTIATION OF PAYMENT SCHED- MENT. (i) are important to any identified themes ULE, REDWOOD VALLEY COUNTY (a) FINDINGS.—Congress finds the fol- of the study area; and WATER DISTRICT. lowing: (ii) retain a degree of integrity capable of Section 15 of Public Law 100–516 (102 Stat. (1) Arthur V. Watkins Dam is a feature of supporting interpretation; 2573) is amended— the Weber Basin Project, which was author- (E) includes residents, business interests, (1) by amending paragraph (2) of subsection ized by law on August 29, 1949. nonprofit organizations, and State and local (a) to read as follows: (2) Increasing the height of Arthur V. Wat- governments that— ‘‘(2) If, as of January 1, 2006, the Secretary kins Dam and construction of pertinent fa- (i) are involved in the planning of the Her- of the Interior and the Redwood Valley cilities may provide additional storage ca- itage Area; County Water District have not renegotiated pacity for the development of additional (ii) have developed a conceptual financial the schedule of payment, the District may water supply for the Weber Basin Project for plan that outlines the roles of all partici- enter into such additional non-Federal obli- uses of municipal and industrial water sup- pants in the Heritage Area, including the gations as are necessary to finance procure- ply, flood control, fish and wildlife, and Federal Government; and ment of dedicated water rights and improve- recreation. (iii) have demonstrated support for des- ments necessary to store and convey those (b) AUTHORIZATION OF FEASIBILITY STUDY.— ignation of the Heritage Area; rights to provide for the District’s water The Secretary of the Interior, acting (F) has a potential management entity to needs. The Secretary shall reschedule the through the Bureau of Reclamation, is au- work in partnership with the individuals and payments due under loans numbered 14–06– thorized to conduct a feasibility study on entities described in subparagraph (E) to de- 200–8423A and 14–06–200–8423A Amendatory raising the height of Arthur V. Watkins Dam velop the Heritage Area while encouraging and said payments shall commence when for the development of additional storage to State and local economic activity; and such additional obligations have been finan- meet water supply needs within the Weber (G) has a conceptual boundary map that is cially satisfied by the District. The date of Basin Project area and the Wasatch Front. supported by the public. the initial payment owed by the District to The feasibility study shall include such envi- (c) REPORT.—Not later than the third fiscal the United States shall be regarded as the ronmental evaluation as required under the year after the date on which funds are first start of the District’s repayment period and National Environmental Policy Act of 1969 made available to carry out this section, the the time upon which any interest shall first (42 U.S.C. 4321 et seq.) and a cost allocation

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.015 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2795 as required under the Reclamation Project and acquire associated equipment for South- has not been completed and stating the date Act of 1939 (43 U.S.C. 485 et seq.). west New Mexico, including the Animas by which the conveyance will be completed. (c) COST SHARES.— Basin, the Gila River, and tributaries; SEC. 507. CONJUNCTIVE USE OF SURFACE AND (1) FEDERAL SHARE.—The Federal share of (D) $4,500,000 for statewide digital GROUNDWATER IN JUAB COUNTY, the costs of the study authorized in sub- orthophotography mapping; and UTAH. section (b) shall not exceed 50 percent of the (E) such sums as are necessary to carry out Section 202(a)(2) of the Reclamation total cost of the study. additional projects consistent with para- Projects Authorization and Adjustment Act (2) IN-KIND CONTRIBUTIONS.—The Secretary graph (2). of 1992 (Public Law 102–575) is amended by in- shall accept, as appropriate, in-kind con- (4) COST-SHARING REQUIREMENT.— serting ‘‘Juab,’’ after ‘‘Davis,’’. tributions of goods or services from the (A) IN GENERAL.—The non-Federal share of SEC. 508. EARLY REPAYMENT OF A & B IRRIGA- Weber Basin Water Conservancy District. the total cost of any activity carried out TION DISTRICT CONSTRUCTION Such goods and services accepted under this using a grant provided under paragraph (1) COSTS. subsection shall be counted as part of the shall be 50 percent. (a) IN GENERAL.—Notwithstanding section non-Federal cost share for the study. (B) FORM OF NON-FEDERAL SHARE.—The 213 of the Reclamation Reform Act of 1982 (43 (d) AUTHORIZATION OF APPROPRIATIONS.— non-Federal share under subparagraph (A) U.S.C. 390mm), any landowner within the A There is authorized to be appropriated to the may be in the form of any in-kind services & B Irrigation District in the State (referred Secretary $1,000,000 for the Federal cost that the Secretary determines would con- to in this section as the ‘‘District’’) may share of the study authorized in subsection tribute substantially toward the conduct and repay, at any time, the construction costs of (b). completion of the activity assisted. District project facilities that are allocated (e) SUNSET.—The authority of the Sec- (5) NONREIMBURSABLE BASIS.—Any assist- to land of the landowner within the District. retary to carry out any provisions of this ance or grants provided to the State under (b) APPLICABILITY OF FULL-COST PRICING section shall terminate 10 years after the this section shall be made on a non-reim- LIMITATIONS.—On discharge, in full, of the date of enactment of this Act. bursable basis. obligation for repayment of all construction SEC. 505. NEW MEXICO WATER PLANNING ASSIST- UTHORIZED TRANSFERS ANCE. (6) A .—On request of costs described in subsection (a) that are al- the State, the Secretary shall directly trans- located to all land the landowner owns in the (a) DEFINITIONS.—In this section: fer to 1 or more Federal agencies any District in question, the parcels of land shall (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting amounts made available to the State to not be subject to the ownership and full-cost through the Bureau of Reclamation and the carry out this section. pricing limitations under Federal reclama- (c) AUTHORIZATION OF APPROPRIATIONS.— United States Geological Survey. tion law (the Act of June 17, 1902 (32 Stat. There is authorized to be appropriated to 388, chapter 1093), and Acts supplemental to (2) STATE.—The term ‘‘State’’ means the carry out this section $3,000,000 for each of State of New Mexico. and amendatory of that Act (43 U.S.C. 371 et fiscal years 2008 through 2012. (b) COMPREHENSIVE WATER PLAN ASSIST- seq.), including the Reclamation Reform Act (d) SUNSET OF AUTHORITY.—The authority ANCE.— of 1982 (13 U.S.C. 390aa et seq.). of the Secretary to carry out any provisions (1) IN GENERAL.—Upon the request of the (c) CERTIFICATION.—On request of a land- of this section shall terminate 10 years after Governor of the State and subject to para- owner that has repaid, in full, the construc- the date of enactment of this Act. graphs (2) through (6), the Secretary shall— tion costs described in subsection (a), the (A) provide to the State technical assist- SEC. 506. CONVEYANCE OF CERTAIN BUILDINGS Secretary of the Interior shall provide to the AND LANDS OF THE YAKIMA ance and grants for the development of com- landowner a certificate described in section PROJECT, WASHINGTON. 213(b)(1) of the Reclamation Reform Act of prehensive State water plans; (a) CONVEYANCE REQUIRED.—The Secretary 1982 (43 U.S.C. 390mm(b)(1)). (B) conduct water resources mapping in of the Interior shall convey to the Yakima- (d) EFFECT.—Nothing in this section— the State; and Tieton Irrigation District, located in (1) modifies any contractual rights under, (C) conduct a comprehensive study of Yakima County, Washington, all right, title, or amends or reopens, the reclamation con- groundwater resources (including potable, and interest of the United States in and to tract between the District and the United brackish, and saline water resources) in the the buildings and lands of the Yakima States; or State to assess the quantity, quality, and Project, Washington, in accordance with the (2) modifies any rights, obligations, or re- interaction of groundwater and surface terms and conditions set forth in the agree- lationships between the District and land- water resources. ment titled ‘‘Agreement Between the United owners in the District under Idaho State (2) TECHNICAL ASSISTANCE.—Technical as- States and the Yakima-Tieton Irrigation law. sistance provided under paragraph (1) may District to Transfer Title to Certain Feder- include— ally Owned Buildings and Lands, With Cer- SEC. 509. OREGON WATER RESOURCES. (A) acquisition of hydrologic data, ground- tain Property Rights, Title, and Interest, to (a) EXTENSION OF PARTICIPATION OF BUREAU water characterization, database develop- the Yakima-Tieton Irrigation District’’ OF RECLAMATION IN DESCHUTES RIVER CON- ment, and data distribution; (Contract No. 5–07–10–L1658). SERVANCY.—Section 301 of the Oregon Re- (B) expansion of climate, surface water, (b) LIABILITY.—Effective upon the date of source Conservation Act of 1996 (division B of and groundwater monitoring networks; conveyance under this section, the United Public Law 104–208; 110 Stat. 3009–534) is (C) assessment of existing water resources, States shall not be held liable by any court amended— surface water storage, and groundwater stor- for damages of any kind arising out of any (1) in subsection (a)(1), by striking age potential; act, omission, or occurrence relating to the ‘‘Deschutes River Basin Working Group’’ and (D) numerical analysis and modeling nec- conveyed buildings and lands, except for inserting ‘‘Deschutes River Conservancy essary to provide an integrated under- damages caused by acts of negligence com- Working Group’’; standing of water resources and water man- mitted by the United States or by its em- (2) by amending the text of subsection agement options; ployees or agents before the date of convey- (a)(1)(B) to read as follows: ‘‘4 representa- (E) participation in State planning forums ance. Nothing in this section increases the tives of private interests including two from and planning groups; liability of the United States beyond that irrigated agriculture who actively farm more (F) coordination of Federal water manage- provided in chapter 171 of title 28, United than 100 acres of irrigated land and are not ment planning efforts; States Code (popularly known as the Federal irrigation district managers and two from (G) technical review of data, models, plan- Tort Claims Act), on the date of enactment the environmental community;’’; ning scenarios, and water plans developed by of this Act. (3) in subsection (b)(3), by inserting before the State; and (c) BENEFITS.—After conveyance of the the final period the following: ‘‘, and up to a (H) provision of scientific and technical buildings and lands to the Yakima-Tieton Ir- total amount of $2,000,000 during each of fis- specialists to support State and local activi- rigation District under this section— cal years 2007 through 2016’’; and ties. (1) such buildings and lands shall not be (4) in subsection (h), by inserting before (3) ALLOCATION.—In providing grants under considered to be a part of a Federal reclama- the period at the end the following: ‘‘, and paragraph (1), the Secretary shall, subject to tion project; and $2,000,000 for each of fiscal years 2007 through the availability of appropriations, allocate— (2) such irrigation district shall not be eli- 2016’’. (A) $5,000,000 to develop hydrologic models gible to receive any benefits with respect to (b) WALLOWA LAKE DAM REHABILITATION and acquire associated equipment for the any buildings and lands conveyed, except ACT.— New Mexico Rio Grande main stem sections benefits that would be available to a simi- (1) DEFINITIONS.—In this subsection: and Rios Pueblo de Taos and Hondo, Rios larly situated person with respect to such (A) ASSOCIATED DITCH COMPANIES, INCOR- Nambe, Pojoaque and Teseque, Rio Chama, buildings and lands that are not part of a PORATED.—The term ‘‘Associated Ditch Com- and Lower Rio Grande tributaries; Federal reclamation project. panies, Incorporated’’ means the nonprofit (B) $1,500,000 to complete the hydrographic (d) REPORT.—If the Secretary of the Inte- corporation established under the laws of the survey development of hydrologic models rior has not completed the conveyance re- State of Oregon that operates Wallowa Lake and acquire associated equipment for the quired under subsection (a) within 12 months Dam. San Juan River and tributaries; after the date of enactment of this Act, the (B) SECRETARY.—The term ‘‘Secretary’’ (C) $1,000,000 to complete the hydrographic Secretary shall submit to Congress a report means the Secretary of the Interior, acting survey development of hydrologic models that explains the reason such conveyance through the Commissioner of Reclamation.

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(C) WALLOWA LAKE DAM REHABILITATION Project water management feasibility study below, beginning with the irrigation season PROGRAM.—The term ‘‘Wallowa Lake Dam and environmental impact statement in ac- immediately following the date of enactment Rehabilitation Program’’ means the program cordance with the ‘‘Memorandum of Agree- of the National Forests, Parks, Public Land, for the rehabilitation of the Wallowa Lake ment Between City of Medford and Bureau of and Reclamation Projects Authorization Act Dam in Oregon, as contained in the engineer- Reclamation for the Water for Irrigation, of 2007, the annual installment for each year, ing document titled, ‘‘Phase I Dam Assess- Streams, and the Economy Project’’, dated for the District, under the Contract, on ac- ment and Preliminary Engineering Design’’, July 2, 2004. count of the District’s construction charge dated December 2002, and on file with the Bu- (2) AUTHORIZATION OF APPROPRIATIONS.— obligation, shall be a fixed and equal annual reau of Reclamation. (A) IN GENERAL.—There is authorized to be amount payable on June 30 the year fol- (2) AUTHORIZATION TO PARTICIPATE IN PRO- appropriated to the Bureau of Reclamation lowing the year for which it is applicable, GRAM.— $500,000 to carry out activities under this such that the District’s total construction (A) GRANTS AND COOPERATIVE AGREE- subsection. charge obligation shall be completely paid MENTS.—The Secretary may provide grants (B) NON-FEDERAL SHARE.— by June 30, 2044.’. to, or enter into cooperative or other agree- (i) IN GENERAL.—The non-Federal share ‘‘(6) In Article 14(a) of the Contract, by in- ments with, tribal, State, and local govern- shall be 50 percent of the total costs of the serting ‘and for instream purposes, including mental entities and the Associated Ditch Bureau of Reclamation in carrying out para- fish or wildlife purposes, to the extent that Companies, Incorporated, to plan, design, graph (1). such use is required by Oregon State law in and construct facilities needed to implement (ii) FORM.—The non-Federal share required order for the District to engage in, or take the Wallowa Lake Dam Rehabilitation Pro- under clause (i) may be in the form of any in- advantage of, conserved water projects as au- gram. kind services that the Secretary of the Inte- thorized by Oregon State law,’ after ‘and in- (B) CONDITIONS.—As a condition of pro- rior determines would contribute substan- cidental stock and domestic uses’, by insert- viding funds under subparagraph (A), the tially toward the conduct and completion of ing ‘and for instream purposes as described Secretary shall ensure that— the study and environmental impact state- above,’ after ‘irrigation, stock and domestic (i) the Wallowa Lake Dam Rehabilitation ment required under paragraph (1). uses’, and by inserting ‘, including natural Program and activities under this section (3) SUNSET.—The authority of the Sec- flow rights out of the Crooked River held by meet the standards of the dam safety pro- retary to carry out any provisions of this the District’ after ‘irrigation system’. gram of the State of Oregon; subsection shall terminate 10 years after the ‘‘(7) In Article 29(a) of the Contract, by in- (ii) the Associated Ditch Companies, Incor- date of the enactment of this section. serting ‘and for instream purposes, including porated, agrees to assume liability for any (d) NORTH UNIT IRRIGATION DISTRICT.—The fish or wildlife purposes, to the extent that work performed, or supervised, with Federal Act of August 10, 1954 (68 Stat. 679, chapter such use is required by Oregon State law in funds provided to it under this subsection; 663), is amended— order for the District to engage in, or take and (1) in the first section— advantage of, conserved water projects as au- (iii) the United States shall not be liable (A) by inserting ‘‘(referred to in this Act as thorized by Oregon State law’ after ‘provided for damages of any kind arising out of any the ‘District’)’’ after ‘‘irrigation district’’; in article 11’. act, omission, or occurrence relating to a fa- and ‘‘(8) In Article 34 of the Contract, by delet- cility rehabilitated or constructed with Fed- (B) by inserting ‘‘(referred to in this Act as ing ‘The District, after the election and upon eral funds provided under this subsection, the ‘Contract’)’’ after ‘‘1953’’; and the execution of this contract, shall prompt- both while and after activities are conducted (2) by adding at the end the following: ly secure final decree of the proper State using Federal funds provided under this sub- court approving and confirming this con- section. ‘‘SEC. 3. ADDITIONAL TERMS. tract and decreeing and adjudging it to be a (C) COST SHARING.— ‘‘On approval of the District directors and lawful, valid, and binding general obligation (i) IN GENERAL.—The Federal share of the notwithstanding project authorizing legisla- of the District. The District shall furnish to costs of activities authorized under this sub- tion to the contrary, the Contract is modi- the United States certified copies of such de- section shall not exceed 50 percent. fied, without further action by the Secretary crees and of all pertinent supporting (ii) EXCLUSIONS FROM FEDERAL SHARE.— of the Interior, to include the following There shall not be credited against the Fed- modifications: records.’ after ‘for that purpose.’. eral share of such costs— ‘‘(1) In Article 8(a) of the Contract, by de- ‘‘SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE. (I) any expenditure by the Bonneville leting ‘a maximum of 50,000’ and inserting Power Administration in the Wallowa River ‘approximately 59,000’ after ‘irrigation serv- ‘‘The Secretary of the Interior (acting watershed; and ice to’. through the Commissioner of Reclamation) (II) expenditures made by individual agri- ‘‘(2) In Article 11(a) of the Contract, by de- may in the future renegotiate with the Dis- cultural producers in any Federal com- leting ‘The classified irrigable lands within trict such terms of the Contract as the Dis- modity or conservation program. the project comprise 49,817.75 irrigable acres, trict directors determine to be necessary, (D) COMPLIANCE WITH STATE LAW.—The Sec- of which 35,773.75 acres are in Class A and only upon the written request of the District retary, in carrying out this subsection, shall 14,044.40 in Class B. These lands and the directors and the consent of the Commis- comply with applicable Oregon State water standards upon which the classification was sioner of Reclamation.’’. law. made are described in the document entitled ‘‘Land Classification, North Unit, Deschutes SEC. 510. REPUBLICAN RIVER BASIN FEASIBILITY (E) PROHIBITION ON HOLDING TITLE.—The STUDY. Federal Government shall not hold title to Project, 1953’’ which is on file in the office of any facility rehabilitated or constructed the Regional Director, Bureau of Reclama- (a) AUTHORIZATION OF STUDY.—Pursuant to under this subsection. tion, Boise, Idaho, and in the office of the reclamation laws, the Secretary of the Inte- (F) PROHIBITION ON OPERATION AND MAINTE- District’ and inserting ‘The classified irri- rior, acting through the Bureau of Reclama- NANCE.—The Federal Government shall not gable land within the project comprises tion and in consultation and cooperation be responsible for the operation and mainte- 58,902.8 irrigable acres, all of which are au- with the States of Nebraska, Kansas, and nance of any facility constructed or rehabili- thorized to receive irrigation water pursuant Colorado, may conduct a study to— tated under this subsection. to water rights issued by the State of Oregon (1) determine the feasibility of imple- (3) RELATIONSHIP TO OTHER LAW.—Activi- and have in the past received water pursuant menting a water supply and conservation ties funded under this subsection shall not be to such State water rights.’. project that will— considered a supplemental or additional ben- ‘‘(3) In Article 11(c) of the Contract, by de- (A) improve water supply reliability in the efit under Federal reclamation law (the Act leting ‘, with the approval of the Secretary,’ Republican River Basin between Harlan of June 17, 1902 (32 Stat. 388, chapter 1093), after ‘District may’, by deleting ‘the 49,817.75 County Lake in Nebraska and Milford Lake and Acts supplemental to and amendatory of acre maximum limit on the irrigable area is in Kansas, including areas in the counties of that Act (43 U.S.C. 371 et seq.)). not exceeded’ and inserting ‘irrigation serv- Harlan, Franklin, Webster, and Nuckolls in (4) AUTHORIZATION OF APPROPRIATIONS.— ice is provided to no more than approxi- Nebraska and Jewel, Republic, Cloud, Wash- There is authorized to be appropriated to the mately 59,000 acres and no amendment to the ington, and Clay in Kansas (in this section Secretary to pay the Federal share of the District boundary is required’ after ‘time so referred to as the ‘‘Republican River Basin’’); costs of activities authorized under this sub- long as’. (B) increase the capacity of water storage section $6,000,000. ‘‘(4) In Article 11(d) of the Contract, by in- through modifications of existing projects or (5) SUNSET.—The authority of the Sec- serting ‘, and may further be used for through new projects that serve areas in the retary to carry out any provisions of this instream purposes, including fish or wildlife Republican River Basin; and subsection shall terminate 10 years after the purposes, to the extent that such use is re- (C) improve water management efficiency date of the enactment of this subsection. quired by Oregon State law in order for the in the Republican River Basin through con- (c) LITTLE BUTTE/BEAR CREEK SUBBASINS, District to engage in, or take advantage of, servation and other available means and, OREGON, WATER RESOURCE STUDY.— conserved water projects as authorized by where appropriate, evaluate integrated water (1) AUTHORIZATION.—The Secretary of the Oregon State law’ after ‘herein provided’. resource management and supply needs in Interior, acting through the Bureau of Rec- ‘‘(5) By adding at the end of Article 12(d) the Republican River Basin; and lamation, may participate in the Water for the following: ‘(e) Notwithstanding the above (2) consider appropriate cost-sharing op- Irrigation, Streams and the Economy subsections of this Article or Article 13 tions for implementation of the project.

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(b) COST SHARING.—The Federal share of fornia, is authorized to participate in the de- ‘‘SEC. 1647. SOUTH SANTA CLARA COUNTY RECY- the cost of the study shall not exceed 50 per- sign, planning, and construction of recycled CLED WATER PROJECT. cent of the total cost of the study, and shall water distribution systems. ‘‘(a) AUTHORIZATION.—The Secretary, in co- be nonreimbursable. ‘‘(b) COST SHARE.—The Federal share of the operation with the South County Regional (c) COOPERATIVE AGREEMENTS.—The Sec- cost of the project authorized by this section Wastewater Authority and the Santa Clara retary shall undertake the study through co- shall not exceed 25 percent of the total cost Valley Water District, is authorized to par- operative agreements with the State of Kan- of the project. ticipate in the design, planning, and con- sas or Nebraska and other appropriate enti- ‘‘(c) LIMITATION.—The Secretary shall not struction of recycled water system distribu- ties determined by the Secretary. provide funds for the operation and mainte- tion facilities. (d) COMPLETION AND REPORT.— nance of the project authorized by this sec- ‘‘(b) COST SHARE.—The Federal share of the (1) IN GENERAL.—Except as provided in tion. cost of the project authorized by this section paragraph (2), not later than 3 years after ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— shall not exceed 25 percent of the total cost the date of the enactment of this Act, the There is authorized to be appropriated to of the project. Secretary of the Interior shall complete the carry out this section $5,000,000. ‘‘(c) LIMITATION.—The Secretary shall not study and transmit to the Congress a report ‘‘SEC. 1643. PITTSBURG RECYCLED WATER provide funds for the operation and mainte- containing the results of the study. PROJECT. nance of the project authorized by this sec- (2) EXTENSION.—If the Secretary deter- ‘‘(a) AUTHORIZATION.—The Secretary, in co- tion. mines that the study cannot be completed operation with the City of Pittsburg, Cali- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— within the 3-year period beginning on the fornia, and the Delta Diablo Sanitation Dis- There is authorized to be appropriated to date of the enactment of this Act, the Sec- trict, is authorized to participate in the de- carry out this section $7,000,000. retary— sign, planning, and construction of recycled ‘‘SEC. 1648. SOUTH BAY ADVANCED RECYCLED (A) shall, at the time of that determina- water system facilities. WATER TREATMENT FACILITY. tion, report to the Congress on the status of ‘‘(b) COST SHARE.—The Federal share of the ‘‘(a) AUTHORIZATION.—The Secretary, in co- the study, including an estimate of the date cost of the project authorized by this section operation with the City of San Jose, Cali- of completion; and shall not exceed 25 percent of the total cost fornia, and the Santa Clara Valley Water (B) complete the study and transmit to the of the project. District, is authorized to participate in the Congress a report containing the results of ‘‘(c) LIMITATION.—The Secretary shall not design, planning, and construction of recy- the study by not later than that date. provide funds for the operation and mainte- cled water treatment facilities. ‘‘(b) COST SHARE.—The Federal share of the (e) SUNSET OF AUTHORITY.—The authority nance of the project authorized by this sec- cost of the project authorized by this section of the Secretary to carry out any provisions tion. shall not exceed 25 percent of the total cost of this section shall terminate 10 years after ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— of the project. the date of the enactment of this Act. There is authorized to be appropriated to carry out this section $1,750,000. ‘‘(c) LIMITATION.—The Secretary shall not SEC. 511. EASTERN MUNICIPAL WATER DISTRICT. ‘‘SEC. 1644. ANTIOCH RECYCLED WATER provide funds for the operation and mainte- (a) IN GENERAL.—The Reclamation Waste- PROJECT. nance of the project authorized by this sec- water and Groundwater Study and Facilities ‘‘(a) AUTHORIZATION.—The Secretary, in co- tion. Act (43 U.S.C. 390h et seq.) is amended by operation with the City of Antioch, Cali- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— adding at the end the following: fornia, and the Delta Diablo Sanitation Dis- There is authorized to be appropriated to ‘‘SEC. 1639. EASTERN MUNICIPAL WATER DIS- trict, is authorized to participate in the de- carry out this section $8,250,000.’’. TRICT RECYCLED WATER SYSTEM sign, planning, and construction of recycled (2) CONFORMING AMENDMENTS.—The table of PRESSURIZATION AND EXPANSION sections in section 2 of the Reclamation PROJECT, CALIFORNIA. water system facilities. ‘‘(b) COST SHARE.—The Federal share of the Projects Authorization and Adjustment Act ‘‘(a) AUTHORIZATION.—The Secretary, in co- of 1992 (43 U.S.C. prec. 371) (as amended by operation with the Eastern Municipal Water cost of the project authorized by this section shall not exceed 25 percent of the total cost section 512(b)) is amended by inserting after District, California, may participate in the the item relating to section 1641 the fol- design, planning, and construction of perma- of the project. ‘‘(c) LIMITATION.—The Secretary shall not lowing: nent facilities needed to establish oper- provide funds for the operation and mainte- ‘‘Sec. 1642. Mountain View, Moffett Area Re- ational pressure zones that will be used to nance of the project authorized by this sec- claimed Water Pipeline Project. provide recycled water in the district. tion. ‘‘Sec. 1643. Pittsburg Recycled Water ‘‘(b) COST SHARING.—The Federal share of ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Project. the cost of the project described in sub- There is authorized to be appropriated to ‘‘Sec. 1644. Antioch Recycled Water Project. section (a) shall not exceed 25 percent of the carry out this section $2,250,000. ‘‘Sec. 1645. North Coast County Water Dis- total cost of the project. ‘‘SEC. 1645. NORTH COAST COUNTY WATER DIS- trict Recycled Water Project. ‘‘(c) LIMITATION.—Funds provided by the TRICT RECYCLED WATER PROJECT. ‘‘Sec. 1646. Redwood City Recycled Water Secretary shall not be used for operation or ‘‘(a) AUTHORIZATION.—The Secretary, in co- Project. maintenance of the project described in sub- operation with the North Coast County ‘‘Sec. 1647. South Santa Clara County Recy- section (a). Water District, is authorized to participate cled Water Project. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— in the design, planning, and construction of ‘‘Sec. 1648. South Bay Advanced Recycled There is authorized to be appropriated to Water Treatment Facility.’’. carry out this section $12,000,000. recycled water system facilities. ‘‘(b) COST SHARE.—The Federal share of the (b) SAN JOSE AREA WATER RECLAMATION ‘‘(e) SUNSET OF AUTHORITY.—The authority cost of the project authorized by this section AND REUSE PROJECT.—It is the intent of Con- of the Secretary to carry out any provisions shall not exceed 25 percent of the total cost gress that a comprehensive water recycling of this section shall terminate 10 years after of the project. program for the San Francisco Bay Area in- the date of enactment of this section.’’. ‘‘(c) LIMITATION.—The Secretary shall not clude the San Jose Area water reclamation (b) CONFORMING AMENDMENT.—The table of provide funds for the operation and mainte- and reuse program authorized by section 1607 sections in section 2 of the Reclamation nance of the project authorized by this sec- of the Reclamation Projects Authorization Projects Authorization and Adjustment Act tion. and Adjustment Act of 1992 (43 U.S.C. 390h–5). of 1992 (43 U.S.C. prec. 371) is amended by in- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— SEC. 513. BUREAU OF RECLAMATION SITE SECU- serting after the item relating to section 1638 There is authorized to be appropriated to RITY. the following: carry out this section $2,500,000. (a) TREATMENT OF CAPITAL COSTS.—Costs ‘‘Sec. 1639. Eastern Municipal Water District ‘‘SEC. 1646. REDWOOD CITY RECYCLED WATER incurred by the Secretary of the Interior for Recycled Water System Pres- PROJECT. the physical fortification of Bureau of Rec- surization and Expansion ‘‘(a) AUTHORIZATION.—The Secretary, in co- lamation facilities to satisfy increased post- Project, California.’’. operation with the City of Redwood City, September 11, 2001, security needs, including SEC. 512. BAY AREA REGIONAL WATER RECY- California, is authorized to participate in the the construction, modification, upgrade, or CLING PROGRAM. design, planning, and construction of recy- replacement of such facility fortifications, (a) PROJECT AUTHORIZATIONS.— cled water system facilities. shall be nonreimbursable. (1) IN GENERAL.—The Reclamation Waste- ‘‘(b) COST SHARE.—The Federal share of the (b) TREATMENT OF SECURITY-RELATED OP- water and Groundwater Study and Facilities cost of the project authorized by this section ERATION AND MAINTENANCE COSTS.— Act (43 U.S.C. 390h et seq.) (as amended by shall not exceed 25 percent of the total cost (1) REIMBURSABLE COSTS.—The Secretary of section 512(a)) is amended by adding at the of the project. the Interior shall include no more than end the following: ‘‘(c) LIMITATION.—The Secretary shall not $18,900,000 per fiscal year, indexed each fiscal ‘‘SEC. 1642. MOUNTAIN VIEW, MOFFETT AREA RE- provide funds for the operation and mainte- year after fiscal year 2008 according to the CLAIMED WATER PIPELINE nance of the project authorized by this sec- preceding year’s Consumer Price Index, of PROJECT. tion. those costs incurred for increased levels of ‘‘(a) AUTHORIZATION.—The Secretary, in co- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— guards and patrols, training, patrols by local operation with the City of Palo Alto, Cali- There is authorized to be appropriated to and tribal law enforcement entities, oper- fornia, and the City of Mountain View, Cali- carry out this section $1,100,000. ation, maintenance, and replacement of

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(B) could reduce the costs to energy devel- (B) increasing the extent to which pro- (2) COSTS COLLECTED THROUGH WATER opers for disposing of the water; and duced water may be recovered and made RATES.—In the case of the Central Valley (C) in some cases, could increase the effi- suitable for use for irrigation, municipal, or Project of California, site security costs allo- ciency of energy development activities; and industrial uses, or other purposes without cated to irrigation and municipal and indus- (4) it is in the national interest— adversely affecting water quality or the en- trial water service in accordance with this (A) to limit the quantity of produced water vironment. section shall be collected by the Secretary disposed of as waste; (2) LIMITATIONS.—Assistance under this exclusively through inclusion of these costs (B) to optimize the production of energy subsection— in the operation and maintenance water resources; and (A) shall be provided for— rates. (C) to remove or reduce obstacles to use of (i) at least 1 project in each of the Upper (c) TRANSPARENCY AND REPORT TO CON- produced water for irrigation or other pur- Basin States; and GRESS.— poses in ways that will not adversely affect (ii) at least 1 project in at least 1 of the (1) POLICIES AND PROCEDURES.—The Sec- water quality or the environment. Lower Basin States; retary is authorized to develop policies and (b) PURPOSES.—The purposes of this section (B) shall not exceed $1,000,000 for any procedures with project beneficiaries, con- are— project; sistent with the requirements of paragraphs (1) to optimize the production of energy re- (C) shall be used to pay not more than 50 (2) and (3), to provide for the payment of the sources— percent of the total cost of a project; reimbursable costs described in subsection (A) by minimizing the quantity of pro- (D) shall not be used for the operation or (b). duced water; and maintenance of any facility; and (2) NOTICE.—On identifying a Bureau of (B) by facilitating the use of produced (E) may be in addition to assistance pro- Reclamation facility for a site security water for irrigation and other purposes with- vided by the Federal Government pursuant measure, the Secretary shall provide to the out adversely affecting water quality or the to other provisions of law. project beneficiaries written notice— environment; and (f) CONSULTATION, ADVICE, AND COM- (A) describing the need for the site secu- (2) to demonstrate means of accomplishing MENTS.—In carrying out this section, includ- rity measure and the process for identifying those results. ing in preparing the report under subsection and implementing the site security measure; (c) DEFINITIONS.—In this section: (d)(2) and establishing criteria to be used in and (1) LOWER BASIN STATE.—The term ‘‘Lower connection with an award of financial assist- (B) summarizing the administrative and Basin State’’ means any of the States of— ance under subsection (e), the Secretary legal requirements relating to the site secu- (A) Arizona; shall— rity measure. (B) California; and (1) consult with the Secretary of Energy, (3) CONSULTATION.—The Secretary shall— (C) Nevada. the Administrator of the Environmental (A) provide project beneficiaries an oppor- (2) PRODUCED WATER.—The term ‘‘produced Protection Agency, and appropriate Gov- tunity to consult with the Bureau of Rec- water’’ means water from an underground ernors and local officials; lamation on the planning, design, and con- source that is brought to the surface as part (2)(A) review any relevant information destruction of the site security measure; and of the process of exploration for, or develop- veloped in connection with research carried (B) in consultation with project bene- ment of— out by others, including research carried out ficiaries, develop and provide timeframes for (A) oil; pursuant to subtitle J of title IX of the En- the consultation described in subparagraph (B) natural gas; ergy Policy Act of 2005 (42 U.S.C. 16371 et (A). (C) coalbed methane; or seq.); and (4) RESPONSE; NOTICE.—Before incurring (D) any other substance to be used as an (B) to the extent the Secretary determines costs pursuant to activities described in sub- energy source. to be advisable, include that information in section (b), the Secretary shall consider cost (3) SECRETARY.—The term ‘‘Secretary’’ the report under subsection (d)(2); containment measures recommended by a means the Secretary of the Interior. (3) seek the advice of— project beneficiary that has elected to con- (4) UPPER BASIN STATE.—The term ‘‘Upper (A) individuals with relevant professional sult with the Bureau of Reclamation on such Basin State’’ means any of the States of— or academic expertise; and activities. The Secretary shall provide to the (A) Colorado; (B) individuals or representatives of enti- project beneficiary— (B) New Mexico; ties with industrial experience, particularly (A) a timely written response describing (C) Utah; and experience relating to production of oil, nat- proposed actions, if any, to address the rec- (D) Wyoming. ural gas, coalbed methane, or other energy ommendation; and (d) IDENTIFICATION OF PROBLEMS AND SOLU- resources (including geothermal resources); (B) notice regarding the costs and status of TIONS.— and such activities on a periodic basis. (1) STUDY.—The Secretary shall conduct a (4) solicit comments and suggestions from (5) REPORT.—The Secretary shall report study to identify— the public. (g) RELATION TO OTHER LAWS.—Nothing in annually to the Natural Resources Com- (A) the technical, economic, environ- this section supersedes, modifies, abrogates, mittee of the House of Representatives and mental, and other obstacles to reducing the or limits— the Energy and Natural Resources Com- quantity of produced water; (1) the effect of any State law or any inter- mittee of the Senate on site security actions (B) the technical, economic, environ- state authority or compact relating to— and activities undertaken pursuant to this mental, legal, and other obstacles to increas- (A) any use of water; or Act for each fiscal year. The report shall in- ing the extent to which produced water can (B) the regulation of water quantity or clude a summary of Federal and non-Federal be used for irrigation and other purposes quality; or expenditures for the fiscal year and informa- without adversely affecting water quality, (2) the applicability or effect of any Fed- tion relating to a 5-year planning horizon for public health, or the environment; eral law (including regulations). the program, detailed to show pre-September (C) the legislative, administrative, and (h) AUTHORIZATION OF APPROPRIATIONS.— 11, 2001, and post-September 11, 2001, costs for other actions that could reduce or eliminate There are authorized to be appropriated— the site security activities. the obstacles identified in subparagraphs (A) (1) $1,000,000 to carry out subsection (d); (d) PRE-SEPTEMBER 11, 2001 SECURITY COST and (B); and and LEVELS.—Reclamation project security costs (D) the costs and benefits associated with (2) $7,500,000 to carry out subsection (e). at the levels of activity that existed prior to reducing or eliminating the obstacles identi- September 11, 2001, shall remain reimburs- SEC. 515. PLATTE RIVER RECOVERY IMPLEMEN- fied in subparagraphs (A) and (B). TATION PROGRAM AND PATH- able. (2) REPORT.—Not later than 1 year after FINDER MODIFICATION PROJECT SEC. 514. MORE WATER, MORE ENERGY, AND the date of enactment of this Act, the Sec- AUTHORIZATION. LESS WASTE. retary shall submit to the Committee on (a) PURPOSES.—The purposes of this section (a) FINDINGS.—The Congress finds that— Natural Resources of the House of Rep- are to authorize— (1) development of energy resources, in- resentatives and the Committee on Energy (1) the Secretary of the Interior, acting cluding oil, natural gas, coalbed methane, and Natural Resources of the Senate a report through the Commissioner of Reclamation and geothermal resources, frequently results describing the results of the study under and in partnership with the States, other in bringing to the surface water extracted paragraph (1). Federal agencies, and other non-Federal en- from underground sources; (e) IMPLEMENTATION.— tities, to continue the cooperative effort (2) some of that produced water is used for (1) GRANTS.—Subject to the availability of among the Federal and non-Federal entities irrigation or other purposes, but most of the appropriations, the Secretary shall provide through the implementation of the Platte water is returned to the subsurface or other- financial assistance for the development of River Recovery Implementation Program for wise disposed of as waste; facilities, technologies, and processes to threatened and endangered species in the

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Central and Lower Platte River Basin with- (ii) Credit for contributions of water or (2) AUTHORIZED USES OF PATHFINDER RES- out creating Federal water rights or requir- land for the purposes of implementing the ERVOIR.—Provided that all of the conditions ing the grant of water rights to Federal enti- Program, as determined to be appropriate by described in paragraph (3) are first met, the ties; and the Secretary. approximately 54,000 acre-feet capacity of (2) the modification of the Pathfinder Dam (C) IN-KIND CONTRIBUTIONS.—The Secretary Pathfinder Reservoir, which has been lost to and Reservoir, in accordance with the re- or the States may elect to provide a portion sediment but will be recaptured by the quirements described in subsection (c). of the Federal share or non-Federal share, Project, may be used for municipal, environ- (b) PLATTE RIVER RECOVERY IMPLEMENTA- respectively, in the form of in-kind goods or mental, and other purposes, as described in TION PROGRAM.— services, if the contribution of goods or serv- Appendix F to the Final Settlement Stipula- (1) DEFINITIONS.—In this subsection: ices is approved by the Governance Com- tion in Nebraska v. Wyoming, 534 U.S. 40 (A) AGREEMENT.—The term ‘‘Agreement’’ mittee, as provided in Attachment 1 of the (2001). means the Platte River Recovery Implemen- Agreement. (3) CONDITIONS PRECEDENT.—The actions tation Program Cooperative Agreement en- (4) AUTHORITY TO MODIFY PROGRAM.—The and water uses authorized in paragraphs tered into by the Governors of the States and Program may be modified or amended before (1)(A)(i) and (2) shall not occur until each of the Secretary. the completion of the First Increment if the the following actions have been completed: (B) FIRST INCREMENT.—The term ‘‘First In- Secretary and the States determine that the (A) Final approval from the Wyoming leg- crement’’ means the first 13 years of the Pro- modifications are consistent with the pur- islature for the export of Project water to gram. poses of the Program. the State of Nebraska under the laws (in- (C) GOVERNANCE COMMITTEE.—The term (5) EFFECT.— cluding regulations) of the State of Wyo- ‘‘Governance Committee’’ means the govern- (A) EFFECT ON RECLAMATION LAWS.—No ac- ming. ance committee established under the Agree- tion carried out under this subsection shall, (B) Final approval in a change of water use ment and composed of members from the with respect to the acreage limitation provi- proceeding under the laws (including regula- States, the Federal Government, environ- sions of the reclamation laws— tions) of the State of Wyoming for all new mental interests, and water users. (i) be considered in determining whether a uses planned for Project water. Final ap- (D) INTEREST IN LAND OR WATER.—The term district (as the term is defined in section 202 proval, as used in this subparagraph, in- ‘‘interest in land or water’’ includes a fee of the Reclamation Reform Act of 1982 (43 cludes exhaustion of any available review title, short- or long-term easement, lease, or U.S.C. 390bb)) has discharged the obligation under State law of any administrative action other contractual arrangement that is deter- of the district to repay the construction cost authorizing the change of the Pathfinder mined to be necessary by the Secretary to of project facilities used to make irrigation Reservoir water right. implement the land and water components of water available for delivery to land in the SEC. 516. CENTRAL OKLAHOMA MASTER CON- the Program. district; SERVATORY DISTRICT FEASIBILITY STUDY. (E) PROGRAM.—The term ‘‘Program’’ means (ii) serve as the basis for reinstating acre- the Platte River Recovery Implementation age limitation provisions in a district that (a) STUDY.— Program established under the Agreement. has completed payment of the construction (1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the (F) PROJECT OR ACTIVITY.—The term obligations of the district; or ‘‘project or activity’’ means— (iii) serve as the basis for increasing the Secretary of the Interior, acting through the (i) the planning, design, permitting or construction repayment obligation of the Commissioner of Reclamation (referred to in other compliance activity, preconstruction district, which would extend the period dur- this section as the ‘‘Secretary’’), shall— activity, construction, construction manage- ing which the acreage limitation provisions (A) conduct a feasibility study of alter- ment, operation, maintenance, and replace- would apply. natives to augment the water supplies of— ment of a facility; (B) EFFECT ON WATER RIGHTS.—Nothing in (i) the Central Oklahoma Master Conserv- (ii) the acquisition of an interest in land or this section— atory District (referred to in this section as water; (i) creates Federal water rights; or the ‘‘District)’’; and (iii) habitat restoration; (ii) requires the grant of water rights to (ii) cities served by the District; (iv) research and monitoring; Federal entities. (2) INCLUSIONS.—The study under para- (v) program administration; and (6) AUTHORIZATION OF APPROPRIATIONS.— graph (1) shall include recommendations of (vi) any other activity that is determined (A) IN GENERAL.—There is authorized to be the Secretary, if any, relating to the alter- to be necessary by the Secretary to carry appropriated to carry out projects and ac- natives studied. (b) COST-SHARING REQUIREMENT.— out the Program. tivities under this subsection $157,140,000, as (1) IN GENERAL.—The Federal share of the (G) SECRETARY.—The term ‘‘Secretary’’ adjusted under subparagraph (C). means the Secretary of the Interior, acting (B) NONREIMBURSABLE FEDERAL EXPENDI- total costs of the study under subsection (a) through the Commissioner of Reclamation. TURES.—Any amounts expended under sub- shall not exceed 50 percent. (2) FORM OF NON-FEDERAL SHARE.—The non- (H) STATES.—The term ‘‘States’’ means the paragraph (A) shall be considered to be non- States of Nebraska, Wyoming, and Colorado. reimbursable Federal expenditures. Federal share required under paragraph (1) may be in the form of any in-kind services (2) IMPLEMENTATION OF PROGRAM.— (C) ADJUSTMENT.—The balance of funds re- that the Secretary determines would con- (A) IN GENERAL.—The Secretary, in co- maining to be appropriated shall be adjusted operation with the Governance Committee, for inflation on October 1 of the year after tribute substantially toward the conduct and may— the date of enactment of this Act and each completion of the study. (c) AUTHORIZATION OF APPROPRIATIONS.— (i) participate in the Program; and October 1 thereafter. There is authorized to be appropriated to the (ii) carry out any projects and activities (D) AVAILABILITY OF FUNDS.—At the end of Secretary to conduct the study under sub- that are designated for implementation dur- each fiscal year, any unexpended funds for section (a) $900,000. ing the First Increment. projects and activities made available under (B) AUTHORITY OF SECRETARY.—For pur- subparagraph (A) shall be retained for use in TITLE VI—DEPARTMENT OF ENERGY poses of carrying out this section, the Sec- future fiscal years to implement projects and AUTHORIZATIONS retary, in cooperation with the Governance activities under the Program. SEC. 601. ENERGY TECHNOLOGY TRANSFER. Committee, may— (7) TERMINATION OF AUTHORITY.—The au- Section 917 of the Energy Policy Act of (i) enter into agreements and contracts thority for the Secretary to implement the 2005 (42 U.S.C. 16197) is amended to read as with Federal and non-Federal entities; First Increment shall terminate on Sep- follows: (ii) acquire interests in land, water, and fa- tember 30, 2020. ‘‘SEC. 917. ADVANCED ENERGY TECHNOLOGY cilities from willing sellers without the use (c) PATHFINDER MODIFICATION PROJECT.— TRANSFER CENTERS. of eminent domain; (1) AUTHORIZATION OF PROJECT.— ‘‘(a) GRANTS.—Not later than 18 months (iii) subsequently transfer any interests ac- (A) IN GENERAL.—The Secretary of the In- after the date of enactment of the National quired under clause (ii); and terior, acting through the Commissioner of Forests, Parks, Public Land, and Reclama- (iv) accept or provide grants. Reclamation (referred to in this subsection tion Projects Authorization Act of 2008, the (3) COST-SHARING CONTRIBUTIONS.— as the ‘‘Secretary’’), may— Secretary shall make grants to nonprofit in- (A) IN GENERAL.—As provided in the Agree- (i) modify the Pathfinder Dam and Res- stitutions, State and local governments, co- ment, the States shall contribute not less ervoir; and operative extension services, or institutions than 50 percent of the total contributions (ii) enter into 1 or more agreements with of higher education (or consortia thereof), to necessary to carry out the Program. the State of Wyoming to implement the establish a geographically dispersed network (B) NON-FEDERAL CONTRIBUTIONS.—The fol- Pathfinder Modification Project (referred to of Advanced Energy Technology Transfer lowing contributions shall constitute the in this subsection as the ‘‘Project’’), as de- Centers, to be located in areas the Secretary States’ share of the Program: scribed in Appendix F to the Final Settle- determines have the greatest need of the (i) $30,000,000 in non-Federal funds, with ment Stipulation in Nebraska v. Wyoming, services of such Centers. In making awards the balance of funds remaining to be contrib- 534 U.S. 40 (2001). under this section, the Secretary shall— uted to be adjusted for inflation on October (B) FEDERAL APPROPRIATIONS.—No Federal ‘‘(1) give priority to applicants already op- 1 of the year after the date of enactment of appropriations are required to modify the erating or partnered with an outreach pro- this Act and each October 1 thereafter. Pathfinder Dam under this paragraph. gram capable of transferring knowledge and

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Section 9 of the Steel and Aluminum Energy ‘‘(A) about a variety of technologies; and ‘‘(4) The likelihood that proposed activities Conservation and Technology Competitive- ‘‘(B) in a variety of geographic areas; could be expanded or used as a model for ness Act of 1988 (15 U.S.C. 5108) is amended to ‘‘(3) give preference to applicants that other areas. read as follows: would significantly expand on or fill a gap in ‘‘(e) COST-SHARING.—In carrying out this ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. existing programs in a geographical region; section, the Secretary shall require cost- ‘‘There are authorized to be appropriated and sharing in accordance with the requirements to the Secretary to carry out this Act ‘‘(4) consider the special needs and oppor- of section 988 for commercial application ac- $12,000,000 for each of the fiscal years 2008 tunities for increased energy efficiency for tivities. through 2012.’’. manufactured and site-built housing, includ- ‘‘(f) DURATION.— (b) STEEL PROJECT PRIORITIES.—Section ing construction, renovation, and retrofit. ‘‘(1) INITIAL GRANT PERIOD.—A grant award- 4(c)(1) of the Steel and Aluminum Energy ‘‘(b) ACTIVITIES.—Each Center shall oper- ed under this section shall be for a period of Conservation and Technology Competitive- ate a program to encourage demonstration ness Act of 1988 (15 U.S.C. 5103(c)(1)) is and commercial application of advanced en- 5 years. ‘‘(2) INITIAL EVALUATION.—Each grantee amended— ergy methods and technologies through edu- (1) in subparagraph (H), by striking ‘‘coat- cation and outreach to building and indus- under this section shall be evaluated during its third year of operation under procedures ings for sheet steels’’ and inserting ‘‘sheet trial professionals, and to other individuals and bar steels’’; and and organizations with an interest in effi- established by the Secretary to determine if (2) by adding at the end the following new cient energy use. Funds awarded under this the grantee is accomplishing the purposes of subparagraph: section may be used for the following activi- this section described in subsection (a). The ‘‘(K) The development of technologies ties: Secretary shall terminate any grant that which reduce greenhouse gas emissions.’’. ‘‘(1) Developing and distributing informa- does not receive a positive evaluation. If an (c) CONFORMING AMENDMENTS.—The Steel tional materials on technologies that could evaluation is positive, the Secretary may extend the grant for 3 additional years beyond and Aluminum Energy Conservation and use energy more efficiently. Technology Competitiveness Act of 1988 is the original term of the grant. ‘‘(2) Carrying out demonstrations of ad- further amended— ‘‘(3) ADDITIONAL EXTENSION.—If a grantee vanced energy methods and technologies. (1) by striking section 7 (15 U.S.C. 5106); receives an extension under paragraph (2), ‘‘(3) Developing and conducting seminars, and the grantee shall be evaluated again during workshops, long-distance learning sessions, (2) in section 8 (15 U.S.C. 5107), by inserting the second year of the extension. The Sec- and other activities to aid in the dissemina- ‘‘, beginning with fiscal year 2008,’’ after retary shall terminate any grant that does tion of knowledge and information on tech- ‘‘close of each fiscal year’’. nologies that could use energy more effi- not receive a positive evaluation. If an eval- TITLE VII—NORTHERN MARIANA ISLANDS ciently. uation is positive, the Secretary may extend ‘‘(4) Providing or coordinating onsite en- the grant for a final additional period of 3 Subtitle A—Immigration, Security, and Labor ergy evaluations, including instruction on additional years beyond the original exten- SEC. 701. STATEMENT OF CONGRESSIONAL IN- the commissioning of building heating and sion. TENT. cooling systems, for a wide range of energy ‘‘(4) LIMITATION.—No grantee may receive (a) IMMIGRATION AND GROWTH.—In recogni- end-users. more than 11 years of support under this section of the need to ensure uniform adherence ‘‘(5) Examining the energy efficiency needs tion without reapplying for support and com- to long-standing fundamental immigration of energy end-users to develop recommended peting against all other applicants seeking a policies of the United States, it is the inten- research projects for the Department. grant at that time. tion of the Congress in enacting this subtitle— ‘‘(6) Hiring experts in energy efficient tech- ‘‘(g) PROHIBITION.—None of the funds (1) to ensure that effective border control nologies to carry out activities described in awarded under this section may be used for procedures are implemented and observed, paragraphs (1) through (5). the construction of facilities. ‘‘(c) APPLICATION.—A person seeking a and that national security and homeland se- ‘‘(h) DEFINITIONS.—For purposes of this sec- grant under this section shall submit to the curity issues are properly addressed, by ex- tion: Secretary an application in such form and tending the immigration laws (as defined in ‘‘(1) ADVANCED ENERGY METHODS AND TECH- containing such information as the Sec- section 101(a)(17) of the Immigration and Na- NOLOGIES.—The term ‘advanced energy meth- retary may require. The Secretary may tionality Act (8 U.S.C. 1101 (a)(17)), to apply ods and technologies’ means all methods and award a grant under this section to an entity to the Commonwealth of the Northern Mar- already in existence if the entity is other- technologies that promote energy efficiency iana Islands (referred to in this subtitle as wise eligible under this section. The applica- and conservation, including distributed gen- the ‘‘Commonwealth’’), with special provi- tion shall include, at a minimum— eration technologies, and life-cycle analysis sions to allow for— ‘‘(1) a description of the applicant’s out- of energy use. (A) the orderly phasing-out of the non- reach program, and the geographic region it ‘‘(2) CENTER.—The term ‘Center’ means an resident contract worker program of the would serve, and of why the program would Advanced Energy Technology Transfer Cen- Commonwealth; and be capable of transferring knowledge and inter established pursuant to this section. (B) the orderly phasing-in of Federal re- formation about advanced energy tech- ‘‘(3) DISTRIBUTED GENERATION.—The term sponsibilities over immigration in the Com- nologies that increase efficiency of energy ‘distributed generation’ means an electric monwealth; and use; power generation technology, including pho- (2) to minimize, to the greatest extent ‘‘(2) a description of the activities the ap- tovoltaic, small wind, and micro-combined practicable, potential adverse economic and plicant would carry out, of the technologies heat and power, that serves electric con- fiscal effects of phasing-out the Common- that would be transferred, and of any other sumers at or near the site of production. wealth’s nonresident contract worker pro- organizations that will help facilitate a re- ‘‘(4) COOPERATIVE EXTENSION.—The term gram and to maximize the Commonwealth’s gional approach to carrying out those activi- ‘Cooperative Extension’ means the extension potential for future economic and business ties; services established at the land-grant col- growth by— ‘‘(3) a description of how the proposed ac- leges and universities under the Smith-Lever (A) encouraging diversification and growth tivities would be appropriate to the specific Act of May 8, 1914. of the economy of the Commonwealth in ac- energy needs of the geographic region to be ‘‘(5) LAND-GRANT COLLEGES AND UNIVER- cordance with fundamental values underserved; SITIES.—The term ‘land-grant colleges and lying Federal immigration policy; ‘‘(4) an estimate of the number and types universities’ means— (B) recognizing local self-government, as of energy end-users expected to be reached ‘‘(A) 1862 Institutions (as defined in section provided for in the Covenant To Establish a through such activities; and 2 of the Agricultural Research, Extension, Commonwealth of the Northern Mariana Is- ‘‘(5) a description of how the applicant will and Education Reform Act of 1998 (7 U.S.C. lands in Political Union With the United assess the success of the program. 7601)); States of America through consultation with ‘‘(d) SELECTION CRITERIA.—The Secretary ‘‘(B) 1890 Institutions (as defined in section the Governor of the Commonwealth; shall award grants under this section on the 2 of that Act); and (C) assisting the Commonwealth in achiev- basis of the following criteria, at a min- ‘‘(C) 1994 Institutions (as defined in section ing a progressively higher standard of living imum: 2 of that Act). for citizens of the Commonwealth through ‘‘(1) The ability of the applicant to carry ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— the provision of technical and other assist- out the proposed activities. In addition to amounts otherwise authorized ance; ‘‘(2) The extent to which the applicant will to be appropriated in section 911, there are (D) providing opportunities for individuals coordinate the activities of the Center with authorized to be appropriated for the pro- authorized to work in the United States, in- other entities as appropriate, such as State gram under this section such sums as may be cluding citizens of the freely associated and local governments, utilities, institutions appropriated.’’. states; and

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(E) providing a mechanism for the contin- ‘‘(4) REQUIREMENT FOR REGULATIONS.—The ‘‘(A) has been admitted to the Common- ued use of alien workers, to the extent those transition program shall be implemented wealth in long-term investor status under workers continue to be necessary to supple- pursuant to regulations to be promulgated, the immigration laws of the Commonwealth ment the Commonwealth’s resident work- as appropriate, by the head of each agency or before the transition program effective date; force, and to protect those workers from the department of the United States having re- ‘‘(B) has continuously maintained resi- potential for abuse and exploitation. sponsibilities under the transition program. dence in the Commonwealth under long-term (b) AVOIDING ADVERSE EFFECTS.—In rec- ‘‘(5) INTERAGENCY AGREEMENTS.—The Sec- investor status; ognition of the Commonwealth’s unique eco- retary of Homeland Security, the Secretary ‘‘(C) is otherwise admissible; and nomic circumstances, history, and geo- of State, the Secretary of Labor, and the ‘‘(D) maintains the investment or invest- graphical location, it is the intent of the Secretary of the Interior shall negotiate and ments that formed the basis for such long- Congress that the Commonwealth be given implement agreements among their agencies term investor status. as much flexibility as possible in maintain- to identify and assign their respective duties ‘‘(2) REQUIREMENT FOR REGULATIONS.—Not ing existing businesses and other revenue so as to ensure timely and proper implemen- later than 60 days before the transition pro- sources, and developing new economic oppor- tation of the provisions of this section. The gram effective date, the Secretary of Home- tunities, consistent with the mandates of agreements should address, at a minimum, land Security shall publish regulations in this subtitle. This subtitle, and the amend- procedures to ensure that Commonwealth the Federal Register to implement this sub- ments made by this subtitle, should be im- employers have access to adequate labor, and section. plemented wherever possible to expand tour- that tourists, students, retirees, and other ‘‘(d) SPECIAL PROVISION TO ENSURE ADE- ism and economic development in the Com- visitors have access to the Commonwealth QUATE EMPLOYMENT; COMMONWEALTH ONLY monwealth, including aiding prospective without unnecessary delay or impediment. TRANSITIONAL WORKERS.—An alien who is tourists in gaining access to the Common- The agreements may also allocate funding seeking to enter the Commonwealth as a wealth’s memorials, beaches, parks, dive between the respective agencies tasked with nonimmigrant worker may be admitted to sites, and other points of interest. various responsibilities under this section. perform work during the transition period SEC. 702. IMMIGRATION REFORM FOR THE COM- subject to the following requirements: ‘‘(6) CERTAIN EDUCATION FUNDING.—In addi- MONWEALTH. ‘‘(1) Such an alien shall be treated as a tion to fees charged pursuant to section (a) AMENDMENT TO JOINT RESOLUTION AP- nonimmigrant described in section 101(a)(15) 286(m) of the Immigration and Nationality PROVING COVENANT ESTABLISHING COMMON- of the Immigration and Nationality Act (8 Act (8 U.S.C. 1356(m)) to recover the full WEALTH OF THE NORTHERN MARIANA IS- U.S.C. 1101(a)(15)), including the ability to costs of providing adjudication services, the LANDS.—The Joint Resolution entitled ‘‘A apply, if otherwise eligible, for a change of Secretary of Homeland Security shall charge Joint Resolution to approve the ‘Covenant nonimmigrant classification under section an annual supplemental fee of $150 per non- To Establish a Commonwealth of the North- 248 of such Act (8 U.S.C. 1258) or adjustment immigrant worker to each prospective em- ern Mariana Islands in Political Union with of status under this section and section 245 of ployer who is issued a permit under sub- the United States of America’, and for other such Act (8 U.S.C. 1255). purposes’’, approved March 24, 1976 (Public section (d) of this section during the transi- ‘‘(2) The Secretary of Homeland Security Law 94–241; 90 Stat. 263), is amended by add- tion period. Such supplemental fee shall be shall establish, administer, and enforce a ing at the end the following new section: paid into the Treasury of the Commonwealth system for allocating and determining the ‘‘SEC. 6. IMMIGRATION AND TRANSITION. government for the purpose of funding ongo- number, terms, and conditions of permits to ‘‘(a) APPLICATION OF THE IMMIGRATION AND ing vocational educational curricula and be issued to prospective employers for each NATIONALITY ACT AND ESTABLISHMENT OF A program development by Commonwealth such nonimmigrant worker described in this TRANSITION PROGRAM.— educational entities. subsection who would not otherwise be eligi- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(7) ASYLUM.—Section 208 of the Immigra- ble for admission under the Immigration and and (3), effective on the first day of the first tion and Nationality Act (8 U.S.C. 1158) shall Nationality Act (8 U.S.C. 1101 et seq.). In full month commencing 1 year after the date not apply during the transition period to adopting and enforcing this system, the Sec- of enactment of the Consolidated Natural persons physically present in the Common- retary shall also consider, in good faith and Resources Act of 2008 (hereafter referred to wealth or arriving in the Commonwealth not later than 30 days after receipt by the as the ‘transition program effective date’), (whether or not at a designated port of ar- Secretary, any comments and advice sub- the provisions of the ‘immigration laws’ (as rival), including persons brought to the Com- mitted by the Governor of the Common- defined in section 101(a)(17) of the Immigra- monwealth after having been interdicted in wealth. This system shall provide for a re- tion and Nationality Act (8 U.S.C. international or United States waters. duction in the allocation of permits for such 1101(a)(17))) shall apply to the Common- ‘‘(b) NUMERICAL LIMITATIONS FOR NON- workers on an annual basisto zero, during a wealth of the Northern Mariana Islands (re- IMMIGRANT WORKERS.—An alien, if otherwise period not to extend beyond December 31, ferred to in this section as the ‘Common- qualified, may seek admission to Guam or to 2014, unless extended pursuant to paragraph 5 wealth’), except as otherwise provided in this the Commonwealth during the transition of this subsection. In no event shall a permit section. program as a nonimmigrant worker under be valid beyond the expiration of the transi- ‘‘(2) TRANSITION PERIOD.—There shall be a section 101(a)(15)(H) of the Immigration and tion period. This system may be based on transition period beginning on the transition Nationality Act (8 U.S.C. 1101(a)(15)(H)) with- any reasonable method and criteria deter- program effective date and ending on Decem- out counting against the numerical limita- mined by the Secretary of Homeland Secu- ber 31, 2014, except as provided in subsections tions set forth in section 214(g) of such Act (8 rity to promote the maximum use of, and to (b) and (d), during which the Secretary of U.S.C. 1184(g)). This subsection does not prevent adverse effects on wages and work- Homeland Security, in consultation with the apply to any employment to be performed ing conditions of, workers authorized to be Secretary of State, the Attorney General, outside of Guam or the Commonwealth. Not employed in the United States, including the Secretary of Labor, and the Secretary of later than 3 years following the transition lawfully admissible freely associated state the Interior, shall establish, administer, and program effective date, the Secretary of citizen labor. No alien shall be granted non- enforce a transition program to regulate im- Homeland Security shall issue a report to immigrant classification or a visa under this migration to the Commonwealth, as provided the Committee on Energy and Natural Re- subsection unless the permit requirements in this section (hereafter referred to as the sources and the Committee on the Judiciary established under this paragraph have been ‘transition program’). of the Senate and the Committee on Natural met. ‘‘(3) DELAY OF COMMENCEMENT OF TRANSI- Resources and the Committee on the Judici- ‘‘(3) The Secretary of Homeland Security TION PERIOD.— ary of the House of Representatives pro- shall set the conditions for admission of such ‘‘(A) IN GENERAL.—The Secretary of Home- jecting the number of asylum claims the an alien under the transition program, and land Security, in the Secretary’s sole discre- Secretary anticipates following the termi- the Secretary of State shall authorize the tion, in consultation with the Secretary of nation of the transition period, the efforts issuance of nonimmigrant visas for such an the Interior, the Secretary of Labor, the Sec- the Secretary has made to ensure appro- alien. Such a visa shall not be valid for ad- retary of State, the Attorney General, and priate interdiction efforts, provide for appro- mission to the United States, as defined in the Governor of the Commonwealth, may de- priate treatment of asylum seekers, and pre- section 101(a)(38) of the Immigration and Na- termine that the transition program effec- pare to accept and adjudicate asylum claims tionality Act (8 U.S.C. 1101(a)(38)), except ad- tive date be delayed for a period not to ex- in the Commonwealth. mission to the Commonwealth. An alien ad- ceed more than 180 days after such date. ‘‘(c) NONIMMIGRANT INVESTOR VISAS.— mitted to the Commonwealth on the basis of ‘‘(B) CONGRESSIONAL NOTIFICATION.—The ‘‘(1) IN GENERAL.—Notwithstanding the such a visa shall be permitted to engage in Secretary of Homeland Security shall notify treaty requirements in section 101(a)(15)(E) employment only as authorized pursuant to the Congress of a determination under sub- of the Immigration and Nationality Act (8 the transition program. paragraph (A) not later than 30 days prior to U.S.C. 1101(a)(15)(E)), during the transition ‘‘(4) Such an alien shall be permitted to the transition program effective date. period, the Secretary of Homeland Security transfer between employers in the Common- ‘‘(C) CONGRESSIONAL REVIEW.—A delay of may, upon the application of an alien, clas- wealth during the period of such alien’s au- the transition program effective date shall sify an alien as a CNMI-only nonimmigrant thorized stay therein, without permission of not take effect until 30 days after the date under section 101(a)(15)(E)(ii) of the Immi- the employee’s current or prior employer, on which the notification under subpara- gration and Nationality Act (8 U.S.C. within the alien’s occupational category or graph (B) is made. 1101(a)(15)(E)(ii)) if the alien— another occupational category the Secretary

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.017 H29APPT1 smartinez on PROD1PC64 with HOUSE H2802 CONGRESSIONAL RECORD — HOUSE April 29, 2008 of Homeland Security has found requires from the United States on the grounds that aliens and the removal of aliens from the alien workers to supplement the resident such alien’s presence in the Commonwealth Commonwealth. workforce. is in violation of section 212(a)(6)(A) of the ‘‘(g) ACCRUAL OF TIME FOR PURPOSES OF ‘‘(5)(A) Not later than 180 days prior to the Immigration and Nationality Act (8 U.S.C. SECTION 212(A)(9)(B) OF THE IMMIGRATION AND expiration of the transition period, or any 1182(a)(6)(A)), until the earlier of the date— NATIONALITY ACT.—No time that an alien is extension thereof, the Secretary of Labor, in ‘‘(i) of the completion of the period of the present in the Commonwealth in violation of consultation with the Secretary of Homeland alien’s admission under the immigration the immigration laws of the Commonwealth Security, the Secretary of Defense, the Sec- laws of the Commonwealth; or shall be counted for purposes of inadmis- retary of the Interior, and the Governor of ‘‘(ii) that is 2 years after the transition sibility under section 212(a)(9)(B) of the Im- the Commonwealth, shall ascertain the cur- program effective date. migration and Nationality Act (8 U.S.C. rent and anticipated labor needs of the Com- ‘‘(B) LIMITATIONS.—Nothing in this sub- 1182(a)(9)(B)). monwealth and determine whether an exten- section shall be construed to prevent or limit ‘‘(h) REPORT ON NONRESIDENT sion of up to 5 years of the provisions of this the removal under subparagraph 212(a)(6)(A) GUESTWORKER POPULATION.—The Secretary subsection is necessary to ensure an ade- of the Immigration and Nationality Act (8 of the Interior, in consultation with the Sec- quate number of workers will be available U.S.C. 1182(a)(6)(A)) of such an alien at any retary of Homeland Security, and the Gov- ernor of the Commonwealth, shall report to for legitimate businesses in the Common- time, if the alien entered the Commonwealth the Congress not later than 2 years after the wealth. For the purpose of this subpara- after the date of enactment of the Consoli- date of enactment of the Consolidated Nat- graph, a business shall not be considered le- dated Natural Resources Act of 2008, and the ural Resources Act of 2008. The report shall gitimate if it engages directly or indirectly Secretary of Homeland Security has deter- include— in prostitution, trafficking in minors, or any mined that the Government of the Common- ‘‘(1) the number of aliens residing in the other activity that is illegal under Federal wealth has violated section 702(i) of the Con- Commonwealth; or local law. The determinations of whether solidated Natural Resources Act of 2008. ‘‘(2) a description of the legal status (under a business is legitimate and to what extent, ‘‘(2) EMPLOYMENT AUTHORIZATION.—An Federal law) of such aliens; if any, it may require alien workers to sup- alien who is lawfully present and authorized ‘‘(3) the number of years each alien has plement the resident workforce, shall be to be employed in the Commonwealth pursu- been residing in the Commonwealth; made by the Secretary of Homeland Secu- ant to the immigration laws of the Common- ‘‘(4) the current and future requirements of rity, in the Secretary’s sole discretion. wealth on the transition program effective the Commonwealth economy for an alien ‘‘(B) If the Secretary of Labor determines date shall be considered authorized by the workforce; and that such an extension is necessary to ensure Secretary of Homeland Security to be em- ‘‘(5) such recommendations to the Con- an adequate number of workers for legiti- ployed in the Commonwealth until the ear- gress, as the Secretary may deem appro- mate businesses in the Commonwealth, the lier of the date— priate, related to whether or not the Con- Secretary of Labor may, through notice pub- ‘‘(A) of expiration of the alien’s employ- gress should consider permitting lawfully ad- lished in the Federal Register, provide for an ment authorization under the immigration mitted guest workers lawfully residing in additional extension period of up to 5 years. laws of the Commonwealth; or the Commonwealth on such enactment date ‘‘(C) In making the determination of ‘‘(B) that is 2 years after the transition to apply for long-term status under the im- whether alien workers are necessary to en- program effective date. sure an adequate number of workers for le- migration and nationality laws of the United ‘‘(3) REGISTRATION.—The Secretary of gitimate businesses in the Commonwealth, States.’’. Homeland Security may require any alien and if so, the number of such workers that (b) WAIVER OF REQUIREMENTS FOR NON- present in the Commonwealth on or after the are necessary, the Secretary of Labor may IMMIGRANT VISITORS.—The Immigration and transition period effective date to register consider, among other relevant factors— Nationality Act (8 U.S.C. 1101 et seq.) is with the Secretary in such a manner, and ac- ‘‘(i) government, industry, or independent amended— cording to such schedule, as he may in his workforce studies reporting on the need, or (1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))— discretion require. Paragraphs (1) and (2) of lack thereof, for alien workers in the Com- (A) by striking ‘‘Guam’’ each place such this subsection shall not apply to any alien monwealth’s businesses; term appears and inserting ‘‘Guam or the who fails to comply with such registration ‘‘(ii) the unemployment rate of United Commonwealth of the Northern Mariana Is- States citizen workers residing in the Com- requirement. Notwithstanding any other lands’’; and monwealth; law, the Government of the Commonwealth (B) by striking ‘‘fifteen’’ and inserting ‘‘(iii) the unemployment rate of aliens in shall provide to the Secretary all Common- ‘‘45’’; the Commonwealth who have been lawfully wealth immigration records or other infor- (2) in section 212(a)(7)(B) (8 U.S.C. admitted for permanent residence; mation that the Secretary deems necessary 1182(a)(7)(B)), by amending clause (iii) to ‘‘(iv) the number of unemployed alien to assist the implementation of this para- read as follows: workers in the Commonwealth; graph or other provisions of the Consolidated ‘‘(iii) GUAM AND NORTHERN MARIANA IS- ‘‘(v) any good faith efforts to locate, edu- Natural Resources Act of 2008. Nothing in LANDS VISA WAIVER.—For provision author- cate, train, or otherwise prepare United this paragraph shall modify or limit section izing waiver of clause (i) in the case of visi- States citizen residents, lawful permanent 262 of the Immigration and Nationality Act tors to Guam or the Commonwealth of the residents, and unemployed alien workers al- (8 U.S.C. 1302) or other provision of the Im- Northern Mariana Islands, see subsection ready within the Commonwealth, to assume migration and Nationality Act relating to (l).’’; and those jobs; the registration of aliens. (3) by amending section 212(l) (8 U.S.C. ‘‘(vi) any available evidence tending to ‘‘(4) REMOVABLE ALIENS.—Except as specifi- 1182(l)) to read as follows: show that United States citizen residents, cally provided in paragraph (1)(A) of this ‘‘(l) GUAM AND NORTHERN MARIANA ISLANDS lawful permanent residents, and unemployed subsection, nothing in this subsection shall VISA WAIVER PROGRAM.— alien workers already in the Commonwealth prohibit or limit the removal of any alien ‘‘(1) IN GENERAL.—The requirement of sub- are not willing to accept jobs of the type of- who is removable under the Immigration and section (a)(7)(B)(i) may be waived by the Sec- fered; Nationality Act. retary of Homeland Security, in the case of ‘‘(vii) the extent to which admittance of ‘‘(5) PRIOR ORDERS OF REMOVAL.—The Sec- an alien applying for admission as a non- alien workers will affect the compensation, retary of Homeland Security may execute immigrant visitor for business or pleasure benefits, and living standards of existing any administratively final order of exclu- and solely for entry into and stay in Guam workers within those industries and other sion, deportation or removal issued under or the Commonwealth of the Northern Mar- industries authorized to employ alien work- authority of the immigration laws of the iana Islands for a period not to exceed 45 ers; and United States before, on, or after the transi- days, if the Secretary of Homeland Security, ‘‘(viii) the prior use, if any, of alien work- tion period effective date, or under authority after consultation with the Secretary of the ers to fill those industry jobs, and whether of the immigration laws of the Common- Interior, the Secretary of State, the Gov- the industry requires alien workers to fill wealth before the transition period effective ernor of Guam and the Governor of the Com- those jobs. date, upon any subject of such order found in monwealth of the Northern Mariana Islands, ‘‘(6) The Secretary of Homeland Security the Commonwealth on or after the transition determines that— may authorize the admission of a spouse or period effective date, regardless whether the ‘‘(A) an adequate arrival and departure minor child accompanying or following to alien has previously been removed from the control system has been developed in Guam join a worker admitted pursuant to this sub- United States or the Commonwealth pursu- and the Commonwealth of the Northern Mar- section. ant to such order. iana Islands; and ‘‘(e) PERSONS LAWFULLY ADMITTED UNDER ‘‘(f) EFFECT ON OTHER LAWS.—The provi- ‘‘(B) such a waiver does not represent a THE COMMONWEALTH IMMIGRATION LAW.— sions of this section and of the immigration threat to the welfare, safety, or security of ‘‘(1) PROHIBITION ON REMOVAL.— laws, as defined in section 101(a)(17) of the the United States or its territories and com- ‘‘(A) IN GENERAL.—Subject to subparagraph Immigration and Nationality Act (8 U.S.C. monwealths. (B), no alien who is lawfully present in the 1101(a)(17)), shall, on the transition program ‘‘(2) ALIEN WAIVER OF RIGHTS.—An alien Commonwealth pursuant to the immigration effective date, supersede and replace all may not be provided a waiver under this sub- laws of the Commonwealth on the transition laws, provisions, or programs of the Com- section unless the alien has waived any program effective date shall be removed monwealth relating to the admission of right—

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‘‘(A) to review or appeal under this Act an whose nationals may obtain the waiver pro- (2) CONSULTATION.—In providing such tech- immigration officer’s determination as to vided by this subsection, and the Secretary nical assistance under paragraph (1), the Sec- the admissibility of the alien at the port of of Homeland Security may grant such re- retaries shall— entry into Guam or the Commonwealth of quest after consultation with the Secretary (A) consult with the Government of the the Northern Mariana Islands; or of the Interior and the Secretary of State, Commonwealth, local businesses, regional ‘‘(B) to contest, other than on the basis of and may promulgate regulations with re- banks, educational institutions, and other an application for withholding of removal spect to the inclusion of that country and experts in the economy of the Common- under section 241(b)(3) of this Act or under any special requirements the Secretary of wealth; and the Convention Against Torture, or an appli- Homeland Security, in the Secretary’s sole (B) assist in the development and imple- cation for asylum if permitted under section discretion, may impose prior to allowing na- mentation of a process to identify opportuni- 208, any action for removal of the alien. tionals of that country to obtain the waiver ties for and encourage diversification and ‘‘(3) REGULATIONS.—All necessary regula- provided by this subsection.’’. growth of the economy of the Common- tions to implement this subsection shall be (c) SPECIAL NONIMMIGRANT CATEGORIES FOR wealth and to identify and encourage oppor- promulgated by the Secretary of Homeland GUAM AND THE COMMONWEALTH OF THE tunities to meet the labor needs of the Com- Security, in consultation with the Secretary NORTHERN MARIANA ISLANDS.—The Governor monwealth. of the Interior and the Secretary of State, on of Guam and the Governor of the Common- (3) COST-SHARING.—For the provision of or before the 180th day after the date of en- wealth of the Northern Mariana Islands (re- technical assistance or support under this actment of the Consolidated Natural Re- ferred to in this subsection as ‘‘CNMI’’) may paragraph (other than that required to pay sources Act of 2008. The promulgation of request that the Secretary of Homeland Se- the salaries and expenses of Federal per- such regulations shall be considered a for- curity study the feasibility of creating addi- sonnel), the Secretary of the Interior shall eign affairs function for purposes of section tional Guam or CNMI-only nonimmigrant require a non-Federal matching contribution 553(a) of title 5, United States Code. At a visas to the extent that existing non- of 10 percent. minimum, such regulations should include, immigrant visa categories under the Immi- (f) OPERATIONS.— but not necessarily be limited to— gration and Nationality Act do not provide (1) ESTABLISHMENT.—At any time on and ‘‘(A) a listing of all countries whose na- for the type of visitor, the duration of allow- after the date of enactment of this Act, the tionals may obtain the waiver also provided able visit, or other circumstance. The Sec- Attorney General, Secretary of Homeland by this subsection, except that such regula- retary of Homeland Security may review Security, and the Secretary of Labor may es- tions shall provide for a listing of any coun- such a request, and, after consultation with tablish and maintain offices and other oper- try from which the Commonwealth has re- the Secretary of State and the Secretary of ations in the Commonwealth for the purpose ceived a significant economic benefit from the Interior, shall issue a report to the Com- of carrying out duties under— the number of visitors for pleasure within mittee on Energy and Natural Resources and (A) the Immigration and Nationality Act (8 the one-year period preceding the date of en- the Committee on the Judiciary of the Sen- U.S.C. 1101 et seq.); and actment of the Consolidated Natural Re- ate and the Committee on Natural Resources (B) the transition program established sources Act of 2008, unless the Secretary of and the Committee on the Judiciary of the under section 6 of the Joint Resolution enti- Homeland Security determines that such House of Representatives with respect to the tled ‘‘A Joint Resolution to approve the country’s inclusion on such list would rep- feasibility of creating those additional Guam ‘Covenant to Establish a Commonwealth of resent a threat to the welfare, safety, or se- or CNMI-only visa categories. Consideration the Northern Mariana Islands in Political curity of the United States or its territories; of such additional Guam or CNMI-only visa Union with the United States of America’, and categories may include, but are not limited and for other purposes’’, approved March 24, ‘‘(B) any bonding requirements for nation- to, special nonimmigrant statuses for inves- 1976 (Public Law 94–241), as added by sub- tors, students, and retirees, but shall not in- als of some or all of those countries who may section (a). clude nonimmigrant status for the purpose present an increased risk of overstays or (2) PERSONNEL.—To the maximum extent of employment in Guam or the CNMI. other potential problems, if different from practicable and consistent with the satisfac- (d) INSPECTION OF PERSONS ARRIVING FROM such requirements otherwise provided by law tory performance of assigned duties under THE COMMONWEALTH OF THE NORTHERN MAR- for nonimmigrant visitors. applicable law, the Attorney General, Sec- IANA ISLANDS; GUAM AND NORTHERN MARIANA ‘‘(4) FACTORS.—In determining whether to ISLANDS-ONLY VISAS NOT VALID FOR ENTRY retary of Homeland Security, and the Sec- grant or continue providing the waiver under INTO OTHER PARTS OF THE UNITED STATES.— retary of Labor shall recruit and hire per- this subsection to nationals of any country, Section 212(d)(7) of the Immigration and Na- sonnel from among qualified United States the Secretary of Homeland Security, in con- tionality Act (8 U.S.C. 1182(d)(7)) is amended citizens and national applicants residing in sultation with the Secretary of the Interior by inserting ‘‘the Commonwealth of the the Commonwealth to serve as staff in car- and the Secretary of State, shall consider all Northern Mariana Islands,’’ after ‘‘Guam,’’. rying out operations described in paragraph factors that the Secretary deems relevant, (e) TECHNICAL ASSISTANCE PROGRAM.— (1). including electronic travel authorizations, (1) IN GENERAL.—The Secretary of the Inte- (g) CONFORMING AMENDMENTS TO PUBLIC procedures for reporting lost and stolen pass- rior, in consultation with the Governor of LAW 94–241.— ports, repatriation of aliens, rates of refusal the Commonwealth, the Secretary of Labor, (1) AMENDMENTS.—Public Law 94–241 is for nonimmigrant visitor visas, overstays, and the Secretary of Commerce, and as pro- amended as follows: exit systems, and information exchange. vided in the Interagency Agreements re- (A) In section 503 of the covenant set forth ‘‘(5) SUSPENSION.—The Secretary of Home- quired to be negotiated under section 6(a)(4) in section 1, by striking subsection (a) and land Security shall monitor the admission of of the Joint Resolution entitled ‘‘A Joint redesignating subsections (b) and (c) as sub- nonimmigrant visitors to Guam and the Resolution to approve the ‘Covenant To Es- sections (a) and (b), respectively. Commonwealth of the Northern Mariana Is- tablish a Commonwealth of the Northern (B) By striking section 506 of the covenant lands under this subsection. If the Secretary Mariana Islands in Political Union with the set forth in section 1. determines that such admissions have re- United States of America’, and for other pur- (C) In section 703(b) of the covenant set sulted in an unacceptable number of visitors poses’’, approved March 24, 1976 (Public Law forth in section 1, by striking ‘‘quarantine, from a country remaining unlawfully in 94–241), as added by subsection (a), shall pro- passport, immigration and naturalization’’ Guam or the Commonwealth of the Northern vide— and inserting ‘‘quarantine and passport’’. Mariana Islands, unlawfully obtaining entry (A) technical assistance and other support (2) EFFECTIVE DATE.—The amendments to other parts of the United States, or seek- to the Commonwealth to identify opportuni- made by paragraph (1) shall take effect on ing withholding of removal or asylum, or ties for, and encourage diversification and the transition program effective date de- that visitors from a country pose a risk to growth of, the economy of the Common- scribed in section 6 of Public Law 94–241 (as law enforcement or security interests of wealth; added by subsection (a)). Guam or the Commonwealth of the Northern (B) technical assistance, including assist- (h) REPORTS TO CONGRESS.— Mariana Islands or of the United States (in- ance in recruiting, training, and hiring of (1) IN GENERAL.—Not later than March 1 of cluding the interest in the enforcement of workers, to assist employers in the Common- the first year that is at least 2 full years the immigration laws of the United States), wealth in securing employees first from after the date of enactment of this subtitle, the Secretary shall suspend the admission of among United States citizens and nationals and annually thereafter, the President shall nationals of such country under this sub- resident in the Commonwealth and if an ade- submit to the Committee on Energy and section. The Secretary of Homeland Security quate number of such workers are not avail- Natural Resources and the Committee on the may in the Secretary’s discretion suspend able, from among legal permanent residents, Judiciary of the Senate and the Committee the Guam and Northern Mariana Islands visa including lawfully admissible citizens of the on Natural Resources and the Committee on waiver program at any time, on a country- freely associated states; and the Judiciary of the House of Representa- by-country basis, for other good cause. (C) technical assistance, including assist- tives a report that evaluates the overall ef- ‘‘(6) ADDITION OF COUNTRIES.—The Governor ance to identify types of jobs needed, iden- fect of the transition program established of Guam and the Governor of the Common- tify skills needed to fulfill such jobs, and as- under section 6 of the Joint Resolution enti- wealth of the Northern Mariana Islands may sistance to Commonwealth educational entitled ‘‘A Joint Resolution to approve the request the Secretary of the Interior and the ties to develop curricula for such job skills ‘Covenant To Establish a Commonwealth of Secretary of Homeland Security to add a to include training teachers and students for the Northern Mariana Islands in Political particular country to the list of countries such skills. Union with the United States of America’,

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.017 H29APPT1 smartinez on PROD1PC64 with HOUSE H2804 CONGRESSIONAL RECORD — HOUSE April 29, 2008 and for other purposes’’, approved March 24, Administration, United States Customs and quire any person described in section 208(e) 1976 (Public Law 94–241), as added by sub- Border Protection, United States Immigra- to be permitted to apply for asylum under section (a), and the Immigration and Nation- tion and Customs Enforcement, United section 208 at any time before January 1, ality Act (8 U.S.C. 1101 et seq.) on the Com- States Citizenship and Immigration Serv- 2014.’’. monwealth. ices, and United States Coast Guard per- (k) AVAILABILITY OF OTHER NONIMMIGRANT (2) CONTENTS.—In addition to other topics sonnel and resources necessary for fulfilling PROFESSIONALS.—The requirements of sec- otherwise required to be included under this mission requirements on Guam and the Com- tion 212(m)(6)(B) of the Immigration and Na- subtitle or the amendments made by this monwealth in a manner comparable to the tionality Act (8 U.S.C. 1182(m)(6)(B)) shall subtitle, each report submitted under para- level provided at other similar ports of entry not apply to a facility in Guam, the Com- graph (1) shall include a description of the in the United States. In fulfilling this report- monwealth of the Northern Mariana Islands, efforts that have been undertaken during the ing requirement, the Secretary shall con- or the Virgin Islands. period covered by the report to diversify and sider and anticipate the increased require- SEC. 703. FURTHER AMENDMENTS TO PUBLIC strengthen the local economy of the Com- ments due to the proposed realignment of LAW 94–241. monwealth, including efforts to promote the military forces on Guam and in the Com- Public Law 94–241, as amended, is further Commonwealth as a tourist destination. The monwealth and growth in the tourism sec- amended in section 4(c)(3) by striking the report by the President shall include an esti- tor. colon after ‘‘Marshall Islands’’ and inserting mate for the numbers of nonimmigrant (i) REQUIRED ACTIONS PRIOR TO TRANSITION the following: ‘‘, except that $200,000 in fiscal workers described under section 101(a)(15)(H) PROGRAM EFFECTIVE DATE.—During the pe- year 2009 and $225,000 annually for fiscal of the Immigration and Nationality Act (8 riod beginning on the date of enactment of years 2010 through 2018 are hereby rescinded; U.S.C. 1101(a)(15)(H)) necessary to avoid ad- this Act and ending on the transition pro- Provided, That the amount rescinded shall verse economic effects in Guam and the gram effective date described in section 6 of be increased by the same percentage as that Commonwealth. Public Law 94–241 (as added by subsection of the annual salary and benefit adjustments (3) GAO REPORT.—The Government Ac- (a)), the Government of the Commonwealth for Members of Congress’’. countability Office shall submit a report to shall— the Congress not later than 2 years after the (1) not permit an increase in the total SEC. 704. AUTHORIZATION OF APPROPRIATIONS. date of enactment of this Act, to include, at number of alien workers who are present in There are authorized to be appropriated a minimum, the following items: the Commonwealth as of the date of enact- such sums as may be necessary to carry out (A) An assessment of the implementation ment of this Act; and this subtitle. of this subtitle and the amendments made by (2) administer its nonrefoulement protec- SEC. 705. EFFECTIVE DATE. this subtitle, including an assessment of the tion program— (a) IN GENERAL.—Except as specifically performance of Federal agencies and the (A) according to the terms and procedures provided in this section or otherwise in this Government of the Commonwealth in meet- set forth in the Memorandum of Agreement subtitle, this subtitle and the amendments ing congressional intent. entered into between the Commonwealth of made by this subtitle shall take effect on the (B) An assessment of the short-term and the Northern Mariana Islands and the United date of enactment of this Act. long-term impacts of implementation of this States Department of Interior, Office of In- (b) AMENDMENTS TO THE IMMIGRATION AND subtitle and the amendments made by this sular Affairs, executed on September 12, 2003 NATIONALITY ACT.—The amendments to the subtitle on the economy of the Common- (which terms and procedures, including but Immigration and Nationality Act made by wealth, including its ability to obtain work- not limited to funding by the Secretary of this subtitle, and other provisions of this ers to supplement its resident workforce and the Interior and performance by the Sec- subtitle applying the immigration laws (as to maintain access to its tourists and cus- retary of Homeland Security of the duties of defined in section 101(a)(17) of Immigration tomers, and any effect on compliance with ‘‘Protection Consultant’’ to the Common- and Nationality Act (8 U.S.C. 1101(a)(17))) to United States treaty obligations mandating wealth, shall have effect on and after the the Commonwealth, shall take effect on the non-refoulement for refugees. date of enactment of this Act), as well as transition program effective date described (C) An assessment of the economic benefit CNMI Public Law 13–61 and the Immigration in section 6 of Public Law 94–241 (as added by of the investors ‘‘grandfathered’’ under sub- Regulations Establishing a Procedural Mech- section 702(a)), unless specifically provided section (c) of section 6 of the Joint Resolu- anism for Persons Requesting Protection otherwise in this subtitle. tion entitled ‘‘A Joint Resolution to approve from Refoulement; and (c) CONSTRUCTION.—Nothing in this subtitle the ‘Covenant To Establish a Commonwealth (B) so as not to remove or otherwise effect or the amendments made by this subtitle of the Northern Mariana Islands in Political the involuntary return of any alien whom shall be construed to make any residence or Union with the United States of America’, the Protection Consultant has determined to presence in the Commonwealth before the and for other purposes’’, approved March 24, be eligible for protection from persecution or transition program effective date described 1976 (Public Law 94–241), as added by sub- torture. in section 6 of Public Law 94–241 (as added by section (a), and the Commonwealth’s ability (j) CONFORMING AMENDMENTS TO THE IMMI- section 702(a)) residence or presence in the to attract new investors after the date of en- GRATION AND NATIONALITY ACT.—The Immi- United States, except that, for the purpose actment of this Act. gration and Nationality Act (8 U.S.C. 1101 et only of determining whether an alien law- (D) An assessment of the number of illegal seq.) is amended— fully admitted for permanent residence (as aliens in the Commonwealth, including any (1) in section 101(a)(15)(D)(ii), by inserting defined in section 101(a)(20) of the Immigra- Federal and Commonwealth efforts to locate ‘‘or the Commonwealth of the Northern Mar- tion and Nationality Act (8 U.S.C. and repatriate them. iana Islands’’ after ‘‘Guam’’ each time such 1101(a)(20))) has abandoned or lost such sta- (4) REPORTS BY THE LOCAL GOVERNMENT.— term appears; tus by reason of absence from the United The Governor of the Commonwealth may (2) in section 101(a)(36), by striking ‘‘and States, such alien’s presence in the Common- submit an annual report to the President on the Virgin Islands of the United States’’ and wealth before, on, or after the date of enact- the implementation of this subtitle, and the inserting ‘‘the Virgin Islands of the United ment of this Act shall be considered to be amendments made by this subtitle, with rec- States, and the Commonwealth of the North- presence in the United States. ommendations for future changes. The Presi- ern Mariana Islands’’; dent shall forward the Governor’s report to Subtitle B—Northern Mariana Islands (3) in section 101(a)(38), by striking ‘‘and Delegate the Congress with any Administration com- the Virgin Islands of the United States’’ and ment after an appropriate period of time for inserting ‘‘the Virgin Islands of the United SEC. 711. DELEGATE TO HOUSE OF REPRESENTA- internal review, provided that nothing in TIVES FROM COMMONWEALTH OF States, and the Commonwealth of the North- THE NORTHERN MARIANA ISLANDS. this paragraph shall be construed to require ern Mariana Islands’’; The Commonwealth of the Northern Mar- the President to provide any legislative rec- (4) in section 208, by adding at the end the iana Islands shall be represented in the ommendation to the Congress. following: United States Congress by the Resident Rep- (5) REPORT ON FEDERAL PERSONNEL AND RE- ‘‘(e) COMMONWEALTH OF THE NORTHERN resentative to the United States authorized SOURCE REQUIREMENTS.—Not later than 180 MARIANA ISLANDS.—The provisions of this days after the date of enactment of this Act, section and section 209(b) shall apply to per- by section 901 of the Covenant To Establish the Secretary of Homeland Security, after sons physically present in the Common- a Commonwealth of the Northern Mariana consulting with the Secretary of the Interior wealth of the Northern Mariana Islands or Islands in Political Union With the United and other departments and agencies as may arriving in the Commonwealth (whether or States of America (approved by Public Law be deemed necessary, shall submit a report not at a designated port of arrival and in- 94–241 (48 U.S.C. 1801 et seq.)). The Resident to the Committee on Natural Resources, the cluding persons who are brought to the Com- Representative shall be a nonvoting Delegate Committee on Homeland Security, and the monwealth after having been interdicted in to the House of Representatives, elected as Committee on the Judiciary of the House of international or United States waters) only provided in this subtitle. Representatives, and to the Committee on on or after January 1, 2014.’’; and SEC. 712. ELECTION OF DELEGATE. Energy and Natural Resources, the Com- (5) in section 235(b)(1), by adding at the end (a) ELECTORS AND TIME OF ELECTION.—The mittee on Homeland Security and Govern- the following: Delegate shall be elected— mental Affairs, and the Committee on the ‘‘(G) COMMONWEALTH OF THE NORTHERN (1) by the people qualified to vote for the Judiciary of the Senate, on the current and MARIANA ISLANDS.—Nothing in this sub- popularly elected officials of the Common- planned levels of Transportation Security section shall be construed to authorize or re- wealth of the Northern Mariana Islands; and

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.017 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2805 (2) at the Federal general election of 2008 Code, is amended by striking ‘‘resident rep- fer of funds using Standard Form 1151 or a and at such Federal general election every 2d resentative’’ and inserting ‘‘Delegate in Con- similar document or through an interagency, year thereafter. gress’’. reimbursable agreement.’’. (b) MANNER OF ELECTION.— (b) UNITED STATES NAVAL ACADEMY.—Sec- (b) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—The Delegate shall be tion 6954(a)(10) of such title is amended by made by subsection (a) shall be effective as elected at large and by a plurality of the striking ‘‘resident representative’’ and in- of the date that is 180 days after the date of votes cast for the office of Delegate. serting ‘‘Delegate in Congress’’. enactment of this Act. (2) EFFECT OF ESTABLISHMENT OF PRIMARY (c) UNITED STATES AIR FORCE ACADEMY.— SEC. 804. CLARIFICATIONS REGARDING PALAU. ELECTIONS.—Notwithstanding paragraph (1), Section 9342(a)(10) of such title is amended Section 105(f)(1)(B) of the Compact of Free if the Government of the Commonwealth of by striking ‘‘resident representative’’ and in- Association Amendments Act of 2003 (48 the Northern Mariana Islands, acting pursu- serting ‘‘Delegate in Congress’’. U.S.C. 1921d(f)(1)(B)) is amended— ant to legislation enacted in accordance with TITLE VIII—COMPACTS OF FREE (1) in clause (ii)(II), by striking ‘‘and its the Constitution of the Commonwealth of ASSOCIATION AMENDMENTS territories’’ and inserting ‘‘, its territories, and the Republic of Palau’’; the Northern Mariana Islands, provides for SEC. 801. APPROVAL OF AGREEMENTS. (2) in clause (iii)(II), by striking ‘‘, or the primary elections for the election of the Del- (a) IN GENERAL.—Section 101 of the Com- Republic of the Marshall Islands’’ and insert- egate, the Delegate shall be elected by a ma- pact of Free Association Amendments Act of ing ‘‘, the Republic of the Marshall Islands, jority of the votes cast in any general elec- 2003 (48 U.S.C. 1921) is amended— or the Republic of Palau’’; and tion for the office of Delegate for which such (1) in the first sentence of subsection (a), (3) in clause (ix)— primary elections were held. by inserting before the period at the end the (c) VACANCY.—In case of a permanent va- (A) by striking ‘‘Republic’’ both places it following: ‘‘, including Article X of the Fed- cancy in the office of Delegate, the office of appears and inserting ‘‘government, institu- eral Programs and Services Agreement Be- Delegate shall remain vacant until a suc- tions, and people’’; tween the Government of the United States cessor is elected and qualified. (B) by striking ‘‘2007’’ and inserting ‘‘2009’’; and the Government of the Federated States (d) COMMENCEMENT OF TERM.—The term of and the Delegate shall commence on the 3d day of Micronesia, as amended under the Agree- (C) by striking ‘‘was’’ and inserting of January following the date of the election. ment to Amend Article X that was signed by ‘‘were’’. those two Governments on June 30, 2004, SEC. 713. QUALIFICATIONS FOR OFFICE OF DELE- SEC. 805. AVAILABILITY OF LEGAL SERVICES. GATE. which shall serve as the authority to imple- Section 105(f)(1)(C) of the Compact of Free To be eligible for the office of Delegate a ment the provisions thereof’’; and Association Amendments Act of 2003 (48 candidate shall— (2) in the first sentence of subsection (b), U.S.C. 1921d(f)(1)(C)) is amended by inserting (1) be at least 25 years of age on the date by inserting before the period at the end the before the period at the end the following: ‘‘, of the election; following: ‘‘, including Article X of the Fed- which shall also continue to be available to (2) have been a citizen of the United States eral Programs and Services Agreement Be- the citizens of the Federated States of Mi- for at least 7 years prior to the date of the tween the Government of the United States cronesia, the Republic of Palau, and the Re- election; and the Government of the Republic of the public of the Marshall Islands who legally re- (3) be a resident and domiciliary of the Marshall Islands, as amended under the side in the United States (including terri- Commonwealth of the Northern Mariana Is- Agreement to Amend Article X that was tories and possessions)’’. lands for at least 7 years prior to the date of signed by those two Governments on June 18, SEC. 806. TECHNICAL AMENDMENTS. the election; 2004, which shall serve as the authority to (a) TITLE I.— (4) be qualified to vote in the Common- implement the provisions thereof’’. (1) SECTION 177 AGREEMENT.—Section wealth of the Northern Mariana Islands on (b) EFFECTIVE DATE.—The amendments 103(c)(1) of the Compact of Free Association the date of the election; and made by this section shall be effective as of Amendments Act of 2003 (48 U.S.C. (5) not be, on the date of the election, a the date that is 180 days after the date of en- 1921b(c)(1)) is amended by striking ‘‘section candidate for any other office. actment of this Act. 177’’ and inserting ‘‘Section 177’’. SEC. 714. DETERMINATION OF ELECTION PROCE- SEC. 802. FUNDS TO FACILITATE FEDERAL AC- (2) INTERPRETATION AND UNITED STATES DURE. TIVITIES. POLICY.—Section 104 of the Compact of Free Acting pursuant to legislation enacted in Unobligated amounts appropriated before Association Amendments Act of 2003 (48 accordance with the Constitution of the the date of enactment of this Act pursuant U.S.C. 1921c) is amended— Commonwealth of the Northern Mariana Is- to section 105(f)(1)(A)(ii) of the Compact of (A) in subsection (b)(1), by inserting ‘‘the’’ lands, the Government of the Commonwealth Free Association Amendments Act of 2003 before ‘‘U.S.–RMI Compact,’’; of the Northern Mariana Islands may deter- shall be available to both the United States (B) in subsection (e)— mine the order of names on the ballot for Agency for International Development and (i) in the matter preceding subparagraph election of Delegate, the method by which a the Federal Emergency Management Agency (A) of paragraph (8), by striking ‘‘to include’’ special election to fill a permanent vacancy to facilitate each agency’s activities under and inserting ‘‘and include’’; in the office of Delegate shall be conducted, the Federal Programs and Services Agree- (ii) in paragraph (9)(A), by inserting a the method by which ties between candidates ments. comma after ‘‘may’’; and for the office of Delegate shall be resolved, SEC. 803. CONFORMING AMENDMENT. (iii) in paragraph (10), by striking ‘‘related and all other matters of local application (a) IN GENERAL.—Section 105(f)(1)(A) of the to service’’ and inserting ‘‘related to such pertaining to the election and the office of Compact of Free Association Amendments services’’; and Delegate not otherwise expressly provided Act of 2003 (48 U.S.C. 1921d(f)(1)(A)) is amend- (C) in the first sentence of subsection (j), for in this subtitle. ed to read as follows: by inserting ‘‘the’’ before ‘‘Interior’’. SEC. 715. COMPENSATION, PRIVILEGES, AND IM- ‘‘(A) EMERGENCY AND DISASTER ASSIST- (3) SUPPLEMENTAL PROVISIONS.—Section MUNITIES. ANCE.— 105(b)(1) of the Compact of Free Association Until the Rules of the House of Represent- ‘‘(i) IN GENERAL.—Subject to clause (ii), Amendments Act of 2003 (48 U.S.C. atives are amended to provide otherwise, the section 221(a)(6) of the U.S.–FSM Compact 1921d(b)(1)) is amended by striking ‘‘Trust Delegate from the Commonwealth of the and section 221(a)(5) of the U.S.–RMI Com- Fund’’ and inserting ‘‘Trust Funds’’. Northern Mariana Islands shall receive the pact shall each be construed and applied in (b) TITLE II.— same compensation, allowances, and benefits accordance with the two Agreements to (1) U.S.–FSM COMPACT.—The Compact of as a Member of the House of Representa- Amend Article X of the Federal Programs Free Association, as amended, between the tives, and shall be entitled to whatever privi- and Service Agreements signed on June 30, Government of the United States of America leges and immunities are, or hereinafter may 2004, and on June 18, 2004, respectively, pro- and the Government of the Federated States be, granted to any other nonvoting Delegate vided that all activities carried out by the of Micronesia (as provided in section 201(a) of to the House of Representatives. United States Agency for International De- the Compact of Free Association Amend- SEC. 716. LACK OF EFFECT ON COVENANT. velopment and the Federal Emergency Man- ments Act of 2003 (117 Stat. 2757)) is amend- No provision of this subtitle shall be con- agement Agency under Article X of the Fed- ed— strued to alter, amend, or abrogate any pro- eral Programs and Services Agreements may (A) in section 174— vision of the covenant referred to in section be carried out notwithstanding any other (i) in subsection (a), by striking ‘‘courts’’ 711 except section 901 of the covenant. provision of law. In the sections referred to and inserting ‘‘court’’; and SEC. 717. DEFINITION. in this clause, the term ‘United States Agen- (ii) in subsection (b)(2), by striking ‘‘the’’ For purposes of this subtitle, the term cy for International Development, Office of before ‘‘November’’; ‘‘Delegate’’ means the Resident Representa- Foreign Disaster Assistance’ shall be con- (B) in section 177(a), by striking ‘‘, or tive referred to in section 711. strued to mean ‘the United States Agency Palau’’ and inserting ‘‘(or Palau)’’; SEC. 718. CONFORMING AMENDMENTS REGARD- for International Development’. (C) in section 179(b), by striking ‘‘amended ING APPOINTMENTS TO MILITARY SERVICE ACADEMIES BY DELEGATE ‘‘(ii) DEFINITION OF WILL PROVIDE FUND- Compact’’ and inserting ‘‘Compact, as FROM THE COMMONWEALTH OF THE ING.—In the second sentence of paragraph 12 amended,’’; NORTHERN MARIANA ISLANDS. of each of the Agreements described in (D) in section 211— (a) UNITED STATES MILITARY ACADEMY.— clause (i), the term ‘will provide funding’ (i) in the fourth sentence of subsection (a), Section 4342(a)(10) of title 10, United States means will provide funding through a trans- by striking ‘‘Compact, as Amended, of Free

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.018 H29APPT1 smartinez on PROD1PC64 with HOUSE H2806 CONGRESSIONAL RECORD — HOUSE April 29, 2008 Association’’ and inserting ‘‘Compact of Free (ii) in the first sentence of subsection (b), SEC. 809. CLARIFICATION OF TAX-FREE STATUS Association, as amended’’; by striking ‘‘Agreement between the Govern- OF TRUST FUNDS. (ii) in the fifth sentence of subsection (a), ment of the United States and the Govern- In the U.S.–RMI Compact, the U.S.–FSM by striking ‘‘Trust Fund Agreement,’’ and ment of the Republic of the Marshall Islands Compact, and their respective trust fund inserting ‘‘Agreement Between the Govern- Regarding Miliary Use and Operating subsidiary agreements, for the purposes of ment of the United States of America and Rights’’ and inserting ‘‘Agreement Regard- taxation by the United States or its sub- the Government of the Federated States of ing the Military Use and Operating Rights of sidiary jurisdictions, the term ‘‘State’’ Micronesia Implementing Section 215 and the Government of the United States in the means ‘‘State, territory, or the District of Section 216 of the Compact, as Amended, Re- Republic of the Marshall Islands concluded Columbia’’. garding a Trust Fund (Trust Fund Agree- Pursuant to Sections 321 and 323 of the Com- SEC. 810. TRANSFER OF NAVAL VESSELS TO CER- ment),’’; pact of Free Association, as Amended TAIN FOREIGN RECIPIENTS. (iii) in subsection (b)— (Agreement between the Government of the (a) TRANSFERS BY GRANT.—The President is (I) in the first sentence, by striking ‘‘Gov- United States and the Government of the Re- authorized to transfer vessels to foreign ernment of the’’ before ‘‘Federated’’; and public of the Marshall Islands Regarding countries on a grant basis under section 516 (II) in the second sentence, by striking Military Use and Operating Rights)’’; and of the Foreign Assistance Act of 1961 (22 ‘‘Sections 321 and 323 of the Compact of Free (iii) in the last sentence of subsection (e), U.S.C. 2321j), as follows: Association, as Amended’’ and inserting by inserting before the period at the end the (1) TURKEY.—To the Government of Tur- ‘‘Sections 211(b), 321, and 323 of the Compact following: ‘‘and the Federal Programs and key— of Free Association, as amended,’’; and Services Agreement referred to in section (A) the OLIVER HAZARD PERRY class (iv) in the last sentence of subsection (d), 231’’; guided missile frigates GEORGE PHILIP by inserting before the period at the end the (E) in section 221(a)— (FFG–12) and SIDES (FFG–14); and following: ‘‘and the Federal Programs and (i) in the matter preceding paragraph (1), (B) the OSPREY class minehunter coastal Services Agreement referred to in section by striking ‘‘Section 231’’ and inserting ‘‘sec- ship BLACKHAWK (MHC–58). 231’’; tion 231’’; and (2) LITHUANIA.—To the Government of (E) in the first sentence of section 215(b), (ii) in paragraph (5), by inserting ‘‘(Federal Lithuania, the OSPREY class minehunter by striking ‘‘subsection(a)’’ and inserting Emergency Management Agency)’’ after coastal ships CORMORANT (MHC–57) and ‘‘subsection (a)’’; ‘‘Homeland Security’’; KINGFISHER (MHC–56). (F) in section 221— (F) in the second sentence of section 232, (b) TRANSFERS BY SALE.—The President is (i) in subsection (a)(6), by inserting ‘‘(Fed- by striking ‘‘sections 103(m)’’ and all that authorized to transfer vessels to foreign re- eral Emergency Management Agency)’’ after follows through ‘‘(January 14, 1986)’’ and in- cipients on a sale basis under section 21 of ‘‘Homeland Security’’; and serting ‘‘section 103(k) of Public Law 108–188, the Arms Export Control Act (22 U.S.C. 2761), (ii) in the first sentence of subsection (c), 117 Stat. 2734, December 17, 2003’’; as follows: by striking ‘‘agreements’’ and inserting (G) in the first sentence of section 341, by (1) TAIWAN.—To the Taipei Economic and ‘‘agreement’’; striking ‘‘Section 141’’ and inserting ‘‘section Cultural Representative Office in the United (G) in the second sentence of section 222, 141’’; States (which is the Taiwan instrumentality by inserting ‘‘in’’ after ‘‘referred to’’; (H) in section 342— designated pursuant to section 10(a) of the (H) in the second sentence of section 232, (i) in subsection (a), by striking ‘‘14 U.S.C. Taiwan Relations Act (22 U.S.C. 3309(a))), the by striking ‘‘sections 102 (c)’’ and all that 195’’ and inserting ‘‘section 195 of title 14, OSPREY class minehunter coastal ships follows through ‘‘January 14, 1986)’’ and in- United States Code’’; and ORIOLE (MHC–55) and FALCON (MHC–59). serting ‘‘section 102(b) of Public Law 108–188, (ii) in subsection (b)— (2) TURKEY.—To the Government of Tur- 117 Stat. 2726, December 17, 2003’’; (I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and in- key, the OSPREY class minehunter coastal (I) in the second sentence of section 252, by serting ‘‘section 1303(b)(6) of the Merchant ship SHRIKE (MHC–62). inserting ‘‘, as amended,’’ after ‘‘Compact’’; Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and (c) GRANTS NOT COUNTED IN ANNUAL TOTAL (J) in the first sentence of the first undes- (II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ OF TRANSFERRED EXCESS DEFENSE ARTI- ignated paragraph of section 341, by striking and inserting ‘‘section 1303(b)(6)(C) of that CLES.—The value of a vessel transferred to a ‘‘Section 141’’ and inserting ‘‘section 141’’; Act’’; recipient on a grant basis pursuant to au- (K) in section 342— (I) in the third sentence of section 354(a), thority provided by subsection (a) shall not (i) in subsection (a), by striking ‘‘14 U.S.C. by striking ‘‘section 442 and 452’’ and insert- be counted against the aggregate value of ex- 195’’ and inserting ‘‘section 195 of title 14, ing ‘‘sections 442 and 452’’; cess defense articles transferred in any fiscal United States Code’’; and (J) in the first sentence of section 443, by year under section 516(g) of the Foreign As- (ii) in subsection (b)— inserting ‘‘, as amended.’’ after ‘‘the Com- sistance Act of 1961. (I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and in- pact’’; (d) COSTS OF TRANSFERS.—Any expense inserting ‘‘section 1303(b)(6) of the Merchant (K) in the matter preceding paragraph (1) curred by the United States in connection Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and of section 461(h)— with a transfer authorized by this section (II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ (i) by striking ‘‘1978’’ and inserting ‘‘1998’’; shall be charged to the recipient. and inserting ‘‘section 1303(b)(6)(C) of that and (e) REPAIR AND REFURBISHMENT IN UNITED Act’’; (ii) by striking ‘‘Telecommunications’’ and STATES SHIPYARDS.—To the maximum extent (L) in the third sentence of section 354(a), inserting ‘‘Telecommunication Union’’; and practicable, the President shall require, as a by striking ‘‘section 442 and 452’’ and insert- (L) in section 463(b), by striking ‘‘Article’’ condition of the transfer of a vessel under ing ‘‘sections 442 and 452’’; and inserting ‘‘Articles’’. this section, that the recipient to which the (M) in section 461(h), by striking ‘‘Tele- SEC. 807. TRANSMISSION OF VIDEOTAPE PRO- vessel is transferred have such repair or re- communications’’ and inserting ‘‘Tele- GRAMMING. furbishment of the vessel as is needed before communication’’; the vessel joins the naval forces of the recipi- Section 111(e)(2) of title 17, United States ent performed at a shipyard located in the (N) in section 462(b)(4), by striking ‘‘of Free Code, is amended by striking ‘‘or the Trust Association’’ the second place it appears; and United States, including a United States Territory of the Pacific Islands’’ and insert- Navy shipyard. (O) in section 463(b), by striking ‘‘Articles ing ‘‘the Federated States of Micronesia, the IV’’ and inserting ‘‘Article IV’’. (f) EXPIRATION OF AUTHORITY.—The author- Republic of Palau, or the Republic of the ity to transfer a vessel under this section (2) U.S.–RMI COMPACT.—The Compact of Marshall Islands’’. Free Association, as amended, between the shall expire at the end of the 2-year period Government of the United States of America SEC. 808. PALAU ROAD MAINTENANCE. beginning on the date of enactment of this and the Government of the Republic of the The Government of the Republic of Palau Act. Marshall Islands (as provided in section may deposit the payment otherwise payable The SPEAKER pro tempore. Pursu- 201(b) of the Compact of Free Association to the Government of the United States ant to the rule, the gentleman from Amendments Act of 2003 (117 Stat. 2795)) is under section 111 of Public Law 101–219 (48 West Virginia (Mr. RAHALL) and the amended— U.S.C. 1960) into a trust fund if— gentleman from Utah (Mr. BISHOP) (A) in section 174(a), by striking ‘‘court’’ (1) the earnings of the trust fund are ex- and inserting ‘‘courts’’; pended solely for maintenance of the road each will control 20 minutes. (B) in section 177(a), by striking the system constructed pursuant to section 212 The Chair recognizes the gentleman comma before ‘‘(or Palau)’’; of the Compact of Free Association between from West Virginia. (C) in section 179(b), by striking ‘‘amended the Government of the United States of GENERAL LEAVE Compact,’’ and inserting ‘‘Compact, as America and the Government of Palau (48 Mr. RAHALL. Mr. Speaker, I ask amended,’’; U.S.C. 1931 note); and unanimous consent that all Members (D) in section 211— (2) the trust fund is established and oper- (i) in the fourth sentence of subsection (a), ated pursuant to an agreement entered into may have 5 legislative days in which to by striking ‘‘Compact, as Amended, of Free between the Government of the United revise and extend their remarks and in- Association’’ and inserting ‘‘Compact of Free States and the Government of the Republic clude extraneous material on the reso- Association, as amended’’; of Palau. lution under consideration.

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.018 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2807 The SPEAKER pro tempore. Is there a delegate to this body, that the people This particular bill is full of new des- objection to the request of the gen- of the CNMI’s voices be heard. ignations intended to draw tourists, tleman from West Virginia? Again, I want to thank the but the only sightseeing that’s going to There was no objection. gentlelady from the Virgin Islands, the be done in this country will be from Mr. RAHALL. Mr. Speaker, I am chairman of the Subcommittee on In- the couch watching the Travel Channel pleased to call up this legislation sular Affairs, Dr. DONNA CHRISTENSEN, if we don’t address our fuel crisis. which is comprised of 61 separate meas- for her great work on this matter. Every time we pass feel-good natural ures that were already considered by There are other issues of note in this resource legislation with warm and this body, packaged by the Senate, and bill. It would expand parks in Maine, fuzzy titles, we must consider the dam- sent back to us for further and final Massachusetts, North Carolina, Wash- age being done to our ability to provide consideration. This is a bipartisan ington and Idaho. It would improve vis- for ourselves. We have locked up so package, almost evenly split between itor transportation options at Denali much of our public land from energy bills sponsored by Democrats and Re- National Park and Acadia National development that we are now seeing publicans. Park. And it would expand and in- the results at the pump, and these are Further, I would note that 57 of the crease the authorization for the Na- our priorities. measures included in this package tional Underground Railroad Network What else do we do? Our solution is originated in the Committee on Nat- to Freedom. Three new national herit- to offer biofuels; in other words, we ural Resources. In this regard, I salute age areas and nine existing areas will want to burn food to power cars. Not the committee’s Chairs who worked so receive Federal assistance under this only is this immoral, it is devastating hard on this legislation: measure. Seven other areas will be ex- Third World countries now unable to RAU´ L GRIJALVA, chairman of the Sub- amined as possible new park units. afford food to feed their starving chil- committee on National Parks, Forests This bill would also authorize Fed- dren. These are our priorities. We could have used forest mass and Public Lands; GRACE NAPOLITANO, eral participation in new and expanded chairwoman of the Subcommittee on water recycling projects around the that’s dead every year, it would have been perfect cellulose for production of Water and Power, and DONNA west, projects which will provide an es- energy and at the same time save our CHRISTENSEN, chairwoman of the Sub- timated 52,600 acre-feet of water annu- forests from catastrophic fires, but committee on Insular Affairs. ally in an area experiencing severe such was specifically prohibited in the In this body, these three Members did drought. ‘‘no energy’’ bill that passed this Con- all of the heavy lifting, the hearings, It’s a good bill, Mr. Speaker. I urge gress recently. So, these are our con- the managing of the individual bills on all Members to vote for this package. Mr. Speaker, I reserve the balance of sequences. the floor, the listening from other We discussed many of the sections in Members of this body that helped to my time. Mr. BISHOP of Utah. Mr. Speaker, I this bill individually when they first make the package we are considering came to the House floor in 2007. We did yield myself such time as I may con- today possible. it the right way, even if I disagreed sume. The pending measures include new with some of the outcomes we decided. protections for wilderness, national Mr. Speaker, Senate bill 2739 contains around 62 provisions, and I am Unfortunately, they are back without parks, historic sites and trails, and pre- improvements that would have made pleased to see that they’re finally on cious water resources from sea to shin- them palatable. their way to the President’s desk. How- ing sea. I don’t believe private property I will not speak to each and every ever, this bill is also a testament to the rights are adequately protected in any provision of this legislation today but dysfunction of a certain body on the of the heritage areas in this bill. And I would like to highlight two in par- other side of this Rotunda. question why the amendment to pro- Many of the sections of this bill are ticular. tect second amendment rights, which This bill will finally designate the unable to stand on their own and have was overwhelmingly passed on the long-awaited Wild Sky Wilderness in subsequently been bundled into a $300 House floor, was stripped from this Washington State, championed by our million brew to avoid individual scru- package. It is flat out wrong to have colleague, RICK LARSEN. As I noted last tiny. To solve the problem and avoid done that. It is almost unfathomable week when the House considered wil- the discomfort of saying ‘‘no,’’ this om- that the Senate would do such a thing derness legislation for my home State nibus was created with enough prizes and that we would consider passing of West Virginia, to be in a wilderness that inevitably the bad will be over- this bill with that significant provision area is truly a humbling experience. To looked and everything, the good, the not there. Yet again, the second be part of designating the wilderness is bad and the ugly, will be able to cross amendment and property rights take a even more humbling because wilder- the finish line. back seat to misguided priorities of the ness is an effort to retain the landscape Many of these provisions were passed other body. as God created it. And as with God’s by this House last year, so it’s nice to As I stated earlier, there are a few good graces, we are working toward say that finally something is coming positives I am pleased to support. Con- designating new wilderness areas in out of the Senate, even if it’s coming in gressmen WILSON and BROWN of South West Virginia today. this very poor form. But in other ways Carolina have worked to get the Let this be the next-to-last action, this bill is also symbolic of this ses- ‘‘Swamp Fox’’ General Francis Marion other than the President’s signature, sion. We have wasted time and then Memorial to the President. I congratu- on establishing the Wild Sky Wilder- glob everything together and throw it late them. Minority Whip BLUNT has ness in the State of Washington. together with one fell swoop without labored to authorize the Newtonia Civil the ability of scrutinizing it as indi- War Battlefields study that we will b 1430 vidual issues, and at the same time move today. I thank him for his fine The other measure I would like to miss essential bills that address crit- work. My Resource Committee col- highlight would finally bring badly ical needs. league, Congressman LOUIS GOHMERT needed immigration, national security This legislation deals with land from Texas, has an important study to and labor protections for the Common- where energy opportunities do exist, honor the Space Shuttle, Columbia, and wealth of the Northern Mariana Is- and yet once again we are moving for- I’m pleased that this is included in lands. Further, this legislation would ward with gas approaching $4 a gallon. Senate 2739. Resource Committee also grant a nonvoting delegate to the Today, the average price of gasoline in Ranking Member DON YOUNG has sev- U.S. House of Representatives to the the United States was $3.61. That’s eral provisions that will benefit the Northern Mariana Islands. $1.28 for gasoline, $1.57 for diesel, 55 and country and his constituents in Alas- For too long, abuses took place in 59 percent above what it was at the be- ka, and I thank him for his tireless ef- the CNMI, and for too long remedial ginning of the 110th Congress. And forts and advocacy on their behalf. legislation was held hostage in this still, with no plan to solve this issue, Finally, of all the provisions, prob- body. Let this legislation bring forth a we pass bills that exacerbate this co- ably the best one is a dam bill provi- new dawn, the start of a new era with nundrum. sion for my congressional district. This

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.021 H29APPT1 smartinez on PROD1PC64 with HOUSE H2808 CONGRESSIONAL RECORD — HOUSE April 29, 2008 provision would authorize the Bureau Mr. Speaker, I rise today in support duce natural gas consumption by 15 of Reclamation to do a feasibility of S. 2739, which includes the provi- percent and electricity consumption by study on raising the height of the Ar- sions of H.R. 85, a bill called the En- 5 to 6 percent, saving a total of about thur V. Watkins Dam in Box Elder ergy Technology Transfer Act that I $15,000 annually. County. And given the shortage of introduced with my Science and Tech- So with the enactment of H.R. 85, the water in the West, by increasing stor- nology Committee colleague from UIC Energy Resource Center and other age capacity of this vital reservoir, the North Carolina (Mr. MILLER). The cooperative extension and community residents of my congressional district House approved our bill by a vote of outreach organizations could add ca- will have a more secure water supply 395–1 back in March of last year. And pacity and expertise to help many, and water future. this is so important, Mr. Speaker, that many companies, building managers, Having already spent too many hours it is now before this House again, and I homebuilders and homeowners use the debating these bills when they came appreciate it. technology to save energy and money. before us that now make up this legis- Mr. Speaker, the Federal Govern- So the bill represents just a small in- lative Frankenstein, I see no need to ment spends billions every year on en- vestment in the tech transfer capabili- prolong this much longer. ergy-related research and development ties that we need to help our univer- I will reserve the balance of my time. for our universities and national lab- sities and labs move advanced energy Mr. RAHALL. Mr. Speaker, I yield 3 oratories. The result is often new tech- technologies from labs into the market minutes to a senior member of our nologies that exponentially reduce our so Americans can enjoy the tangible Committee on Natural Resources, Mr. consumption of energy or encourage benefits of our Federal investment in DEFAZIO from Oregon. the use of alternative fuels and thus re- R&D. Mr. DEFAZIO. I thank the chairman. duce our dependence on foreign sources I want to thank my colleague, Mr. This legislation includes legislation of energy. But the biggest challenge to MILLER from North Carolina, for his earlier passed by this House, H.R. 247, realizing these energy savings is get- strong interest in tech transfer and for endorsed by all the members of the Or- ting these technologies out of the lab- being the lead Democrat on this bill. I egon delegation, to recognize the Jim oratory and into the marketplace want to thank Chairman GORDON and Weaver Trail. where they can benefit all energy end In 1964, the original Wilderness Act Ranking Member HALL for recognizing users. Whether we’re talking about a put a lot of high elevation Oregon into the value of this bill and moving it business owner, a homeowner, a county wilderness, but it left out our precious through the committee, Senators or local government officials, these en- forests and our old growth. Ten years BINGAMAN and DOMENICI and the Senate ergy end users may be hesitant to em- later, Oregon’s most persistent cham- Energy and Natural Resources Com- brace advanced or alternative tech- pion of wilderness, Jim Weaver, was mittee for approving this bill and in- elected to the United States Congress. nologies with which they are not famil- cluding it in S. 2739. Finally, I want to Despite the fact that he represented iar, have little experience, or which thank the chairman and ranking mem- the largest public timber-producing may require new infrastructure. ber of the Natural Resources Com- To help energy end users embrace district in the country, Jim engaged in mittee and the House Republican and these new technologies, section 917 of a battle over the next 10 years to set Democrat leadership for bringing this the Energy Policy Act (EPACT) of 2005 aside some of Oregon’s most beautiful package of bills to the floor today and directed the Department of Energy to forests for future generations. He en- I urge my colleagues to support it. create a geographically dispersed net- gaged in the first fights to preserve old Mr. RAHALL. Mr. Speaker, I have al- growth, fights which are continuing to work of energy efficiency technology ready commended her profusely, but I this day. transfer centers to help in this process. want to once again thank the chair- The Forest Service originally rec- This bill will simply improve that sec- woman of our Subcommittee on Insular ommended 370,000 acres for wilderness tion 917 of EPACT, and instead of cre- Affairs, DONNA CHRISTENSEN, from the designation in Oregon. Jim upped the ating from scratch these network cen- Virgin Islands for the hard work and ante a little bit to 1.2 million. He had ters, H.R. 85 authorizes the DOE to prolong hours that she has put in on this very, very tough and difficult negotia- vide grants to and partner with exist- legislation. I now yield her 3 minutes. tions with the Senate, and in the end ing community outreach networks. Mrs. CHRISTENSEN. Thank you, Mr. he and Senator Hatfield were able to These existing networks could include Chairman, for those kind remarks. And settle on 861,500 acres, not everything Cooperative Extension Systems—just I am pleased to rise in support of S. Jim wanted, but a tremendous legacy like what we have seen with the 2739, which includes two bills that I for our future. farms—offices, State energy offices, sponsored, H.R. 3079, the CNMI Immi- At the very last minute, Jim got local governments, institutions of gration, Security, and Labor Act Grassy Knob added and Monument higher education, and nonprofit organi- (ISLA), which also includes the NMI Rock protected. And then one of the zations with expertise in energy tech- Delegate Act, and H.R. 2705, the Com- toughest things that he had to do, he nologies or outreach. And so instead of pacts of Free Association Amendments was asked by Senator Hatfield did he limiting these centers to the transfer Act of 2007. Both were unanimously want Hardesty Mountain or did he of energy efficiency technologies, it passed by this Chamber this year. want Waldo. Jim chose Waldo. And so also expands their mission to include ISLA resolves two issues which have it’s extremely appropriate that this all advanced energy technologies and been before this Congress for decades. House acts today to name the trail requires grantees to provide feedback First, it would extend U.S. immigra- which encompasses pristine Waldo to DOE on the energy research needs tion laws to the CNMI. And second, it Lake as the Jim Weaver Trail. And fu- identified by these energy end users. would authorize a CNMI nonvoting del- ture generations of Oregonians uti- I just want to give you one example egate to serve in this body beginning in lizing that trail will begin to under- of what I’m talking about in Chicago the 111th Congress. stand the history and the fight that and how this program might work. Be- For two decades, the CNMI has had went into preserving some of their fore expanding their frozen pizza pro- local control over immigration policy, most precious wildlands, a fight which duction plant in Illinois, Home Run Inn and it has never been represented in I’m attempting to continue with wil- Pizza consulted with the University of this Chamber. For those unheard derness legislation this year, and a Illinois—Chicago’s Energy Resource voices, for the prosperity of those is- fight with the BLM over their attempts Center. After conducting an assess- lands, and for the security of our Na- to harvest the last of our precious old ment of the plant and its operations, tion, the path should now lead in a dif- growth. the UIC Energy Resource Center iden- ferent direction. Mr. BISHOP of Utah. Mr. Speaker, I tified nine ways that the Home Run ISLA provides the needed policy am pleased to yield 5 minutes to the Inn Pizza could reduce their energy flexibility to transition immigration gentlelady from Illinois (Mrs. consumption and energy costs. Using from local to Federal control. It en- BIGGERT). advanced energy technologies devel- sures that employers can fill jobs, resi- Mrs. BIGGERT. I thank the gen- oped as a result of the DOE-funded re- dents receive vocational training, non- tleman for yielding. search, Home Run Inn Pizza could re- resident guest workers be protected,

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.022 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2809 the region’s economy be diversified, I urge my colleagues to support this Act. It is long overdue. We will finally and the Marianas archipelago be stra- legislation. present a monument to a chapter in tegically secure. Mr. RAHALL. Mr. Speaker, I want to American history that should never be yield 2 minutes to another of our sub- b 1445 a occasioned again. On March 30, 1942, committee chairwomen who has put in on Bainbridge Island, Washington, the H.R. 2705 makes technical corrections long hours and very hard work on this island where I live, the United States to the Compact Agreements of 2003 and legislation, the chairwoman of the Sub- Army rounded up 227 people living on ushers in a new disaster assistance re- committee on Fisheries, Wildlife and Bainbridge Island, put them on a ferry gime between FEMA and USAID for Oceans (Ms. BORDALLO). boat, shipped them by trains to a camp the FAS. Ms. BORDALLO. I thank Chairman in Manzanar for the duration of the I’m grateful to Chairman RAHALL for RAHALL for yielding to me. war, totally without legality. And 62 of his commitment to prioritize issues af- Mr. Speaker, I rise in support of S. those people subsequently served in fecting U.S. territories in the Freely 2739, and I urge my colleagues to vote World War II. Associated States. I thank the com- to pass it and send it to the President’s Two years ago a 95-year-old woman, mittee ranking member, Mr. YOUNG, desk. I underscore my support for sub- Fumiko Hayashida, came to Congress and the subcommittee ranking mem- title B of title VII of this comprehen- and testified about the pain that epi- ber, Mr. FORTU˜ NO. I also want to thank sive, important legislation, which pro- sode caused her and all of America. the staff of the subcommittee. vides for the election and the seating of And this dedication of a monument on I want to especially acknowledge Mr. a delegate representing the Common- Bainbridge Island will serve as a monu- FALEOMAVAEGA and Ms. BORDALLO, wealth of the Northern Mariana Is- ment to all Americans of all future both members of the subcommittee, for lands. generations that we should never ever Mr. Speaker, the people of Guam and traveling with me to the CNMI to con- allow the power of fear to overcome the the people of the Northern Marianas duct our hearing. They are tireless in promise of liberty. This monument will are neighbors, and we share a common their support of the subcommittee’s serve to do that. heritage. This bill is the product of agenda, and Ms. BORDALLO worked I want to thank the great work of careful deliberation and bipartisan co- closely with me to ensure that the in- people on Bainbridge Island: Fumiko operation. Many Members have worked terests of all the people in the Mari- Hayashida, Frank Kitamoto, Clarence diligently to shape it into the form in anas, as well as the priorities for our Moriwaki; Senator CANTWELL and oth- which it has arrived on the floor today. Nation’s security, were included in ers who worked on this bill. And I in- And for this reason and for the leader- ISLA. vite all Americans to come see this ship brought to bear in drafting the I urge my colleagues to pass S. 2739. monument when it’s completed. CNMI title and responding to the con- Mr. BISHOP of Utah. Mr. Speaker, I I would also like to congratulate my 1 cerns and interests of stakeholders on am pleased to yield 1 ⁄2 minutes to the colleague RICK LARSEN and Senator Guam, I want to thank very much gentleman from Virginia (Mr. WOLF). MURRAY for their incredible work, who Chairman NICK RAHALL and Insular Af- (Mr. WOLF asked and was given per- really set the model of how to do wil- fairs Subcommittee Chairwoman mission to revise and extend his re- derness legislation in finally today marks.) DONNA CHRISTENSEN. The CNMI delegate provision rep- passing the Wild Sky Wilderness. I sat Mr. WOLF. Mr. Speaker, first I want on top of Berry Mountain a couple to thank the ranking member, Mr. resents the beginning of a stronger partnership for this body with the peo- years ago and looked down, and I want BISHOP, for his fairness as we went to thank them for their great leader- through this process. And I want to ple of the Northern Marianas. I look forward to welcoming a new delegate in ship so that my grandchild will be able thank the chairman, Mr. RAHALL, for this hall and to that day next January to look down from the top of Berry his leadership in moving this. I am Mountain and see the same wilderness; very, very grateful. when Members will take the oath with a new colleague representing the and to their allies, Tom Uniack, Mike I want to rise in support of this bill, Towns, and Jon Owen, all of who really which includes a provision to establish CNMI. This House has a strong record of af- created a model of how to do future the Journey Through Hallowed Ground fording U.S. territories representation wildernesses. Thank you very much, National Heritage Area. Establishing in Congress. To date, Mr. Speaker, 188 Rick and others, and I congratulate all this heritage area spans 175 miles delegates and 32 resident commis- of us for final passage of these great through four States. sioners have served ably in this House pieces of work. The Journey Through Hallowed over the course of its history. It is a Mr. BISHOP of Utah. Mr. Speaker, I Ground winds its way along U.S. Route tradition that dates back to 1790, with reserve the balance of my time. 15 from Gettysburg, Pennsylvania, to the Northwest Ordinance areas, and Mr. RAHALL. Mr. Speaker, I have Jefferson’s home of Monticello in Char- today we continue this tradition by ex- commended this gentleman in my lottesville, Virginia. Starting as a trail tending a long overdue voice for the opening remarks because he truly has used by the Susquehannock and Iro- people of the Northern Marianas. The worked hard over a number of years for quois, America’s early history can lit- CNMI should be afforded the honor and a major part of this package. It is a erally be traced along this corridor. given the responsibility of electing a highlight of the package, and I yield 2 Jefferson’s Monticello, Madison’s delegate to represent their interests. minutes to the gentleman from Wash- Montpellier, Monroe’s Oak Hill and This is about democracy and rep- ington (Mr. LARSEN) to explain it. Ashlawn Highland, Zachary Taylor’s resentation. The compelling case for Mr. LARSEN of Washington. Mr. homes, Eisenhower’s cottage, Teddy representation for the CNMI has finally Speaker, I rise today in support of the Roosevelt’s cabin, John Marshall’s been made. So vote for S. 2739. bipartisan Consolidated Natural Re- home, General George Marshall’s Mr. BISHOP of Utah. Mr. Speaker, I sources Act of 2008, which includes leg- home, and Camp David are situated continue to reserve the balance of my islation I introduced to create the first along this route, which is also dotted time. new wilderness area in Washington with numerous Civil War battlefields. Mr. RAHALL. Mr. Speaker, I yield 2 State in over 20 years. The Wild Sky I close with Abraham Lincoln’s Get- minutes to a member of our Committee Wilderness will be unique, protecting tysburg Address, spoken at the north- on Natural Resources, the gentleman 106,000 acres of pristine forests and ern terminus of the Journey Through from Washington (Mr. INSLEE). streams in my district, while providing Hallowed Ground corridor and signifies (Mr. INSLEE asked and was given a clean and accessible place to hunt, to the history, and he said: permission to revise and extend his re- fish, and to hike. ‘‘We cannot dedicate, we cannot con- marks.) My staff first met on this issue on secrate, we cannot hallow this ground. Mr. INSLEE. Mr. Speaker, I would February 20, 2001, 48 days into my first The brave men and women, living and like to commend this bill for two rea- term. And now 2,625 or so days later, dead, who struggled here, have hal- sons. we are ready to pass the Wild Sky Wil- lowed it far above our poor power to First, the passage of the Bainbridge derness bill as part of the broader bill add or detract.’’ Island Japanese American Monument and send it to the President’s desk.

VerDate Aug 31 2005 03:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.024 H29APPT1 smartinez on PROD1PC64 with HOUSE H2810 CONGRESSIONAL RECORD — HOUSE April 29, 2008 The Wild Sky Wilderness Act is a islation threatens recreation, user ac- consensus among all the communities, carefully crafted piece of legislation cess, grazing, mining, oil and gas explo- bipartisan support, the Republican that reflects years of community ration, and many other public uses. By Governor of Connecticut, the entire input. It will protect the peaks, the restricting access to land for explo- delegation from Connecticut, and par- forests, and the lakes of the Mount ration, this legislation is limiting the ticularly Senator DODD, who led the Baker-Snoqualmie National Forest, as potential of the economy and directly fight in the Senate for passage. And well as thousands of acres of lower-ele- interfering with America’s entrepre- the communities who have worked so vation forests and salmon-bearing neurial drive. hard to preserve this extraordinary streams. Do we know for certain that fossil body of water are, again, anxious and The bill has been vetted through a 7- fuels are not contained in these lands? excited to see final passage, which will year process of hearings, debate, local At a time when gas is nearly $4 a gal- take the Eightmile River and make it town hall meetings. It started out as a lon, the very last thing we should be part of the family of rivers that have much larger bill, but through a series doing is permanently restricting access received the Wild and Scenic designa- of compromises and through a process to this land. tion over the 40 years of that act’s ex- of inclusiveness, we came up with the Government abuse is increasing on istence in this country, 160 rivers. bill that now stands before you today all levels, and a vote for S. 2739 is a Again, I want to salute the Resources as part of the larger bill. And it would vote for an increase in the size and Committee for the hard work that they not have been possible without the help scope of government. We must protect did to make sure that the Eightmile of many people here in Congress and in America’s right to utilize and to pros- River plan will now become a reality. the Second District. Large businesses per from the land. Mr. BISHOP of Utah. I continue to like REI, smaller businesses like a John Dickinson, a signer of the Con- reserve. small bed and breakfast located in stitution, declared: ‘‘Let these truths Mr. RAHALL. I am prepared to close Index support this bill. It garners the be indelibly impressed on our minds: on this side, Mr. Speaker. support of Democrats and Republicans that we cannot be happy without being Mr. BISHOP of Utah. Mr. Speaker, alike in Washington State. But deserv- free; that we cannot be free without this Frankenstein bill that we have being special recognition here in Con- being secure in our property; that we fore us has a whole lot of good stuff in gress are people like Chairman NICK cannot be secure in our property if, it. It also has a whole lot of bad stuff RAHALL and his staff, led by Jim Zoia without our consent, others may as by in there, things that could be cata- and Rick Healy. This proposal went right take it away.’’ clysmic consequences to this par- through a 7-year process and is soon to God’s Word, the Holy Bible, says: ‘‘In ticular country. become law as it goes to the Presi- the multitude of words, sin is not lack- One of the things that is so sad is the dent’s desk. ing.’’ Mr. Speaker, there’s a lot of sin process in which we are involved. I re- I also want to thank my partner on in this bill. alize it’s regular order, but it’s still a the Senate side, Senator PATTY MUR- Stop increasing government control sad process. We have germaneness rules RAY. Creating the Wild Sky Wilderness and regulation of American property that are very loose. The Senate has bill would not have been possible with- owners and vote ‘‘no’’ on S. 2739. germaneness rules that are even looser. out her hard work and strong leader- Mr. RAHALL. Mr. Speaker, a simple Former Senator Gene McCarthy said, ship in the Senate. response to the gentleman who just The Senate has rules, but no one knows So I ask my colleagues today to sup- spoke. There’s no eminent domain au- what they are so it doesn’t really mat- port the Consolidated Natural Re- thority whatsoever granted in this leg- ter. sources Act of 2008 and know that when islation. Bringing a bill in this pattern with you do that, you will be helping to cre- Mr. Speaker, I yield 2 minutes to the these many provisions over here is ate the first wilderness bill for Wash- gentleman from Connecticut, a very something that would never be allowed ington State in over 20 years. I urge valued Member that has worked hard in most legislative bodies within our passage of this legislation. on this bill and has done a superb job, States. One of the things we should Mr. BISHOP of Utah. Mr. Speaker, I and I want to commend Mr. COURTNEY learn as a body is sometimes it is best am pleased to yield 5 minutes to the for his leadership and work on this leg- if we actually deal with bills on an in- gentleman from Georgia (Mr. BROUN). islation. dividual basis in a timely manner. I re- (Mr. BROUN of Georgia asked and alize part of this problem cannot be b 1500 was given permission to revise and ex- laid at the hands of the chairman of tend his remarks.) Mr. COURTNEY. Mr. Speaker, I want our committee because it’s actually Mr. BROUN of Georgia. ‘‘Whereas, to salute Chairman RAHALL and Sub- dealing with the other body on the whenever kings, instead of protecting committee Chairman GRIJALVA for the other side, which decided to lump ev- the lives and property of their subjects, hard work that both of these individ- erything together as a big glob and just as is their bounden duty, do endeavor uals did to bring this legislation to the throw it at us. to perpetrate the destruction of either, floor today. It took persistent leader- At the same time, it should be a les- they thereby cease to be kings, become ship to, again, get 61 measures all here, son for us to learn that if we really tyrants, and dissolve all ties of alle- ready for vote and final passage and want to reform the system so that we giance between themselves and their transmittal to the White House. have actual input on bills in a timely people . . . ’’ This was stated by Ben- Included in this bill, section 344, is fashion and timely manner, we should jamin Franklin in his preamble to a the language which was included in have one issue, one bill, one vote, and congressional resolution. H.R. 986 legislation, which we debated plumping everything together is sim- Mr. Speaker, legislation should never and passed last July, the designation of ply poor parts of legislation. For all attempt to seize land from the public the Eightmile River in Connecticut, the good that is in this bill, and there and restrict its use. Property rights are Wild and Scenic designation. This is an is much good, as well as the bad, and a central institution of western civili- effort that has taken 10 years in the there is some bad, it still is the wrong zation, and they’re an essential ingre- State of Connecticut. It’s a river that process that we should be engaged. dient in freedom. The Consolidated is 8 miles long, extends from East With that, Mr. Speaker, I yield back Natural Resources Act of 2008 is a vio- Haddam through Salem, into Lyme, the balance of my time. lation of the basic principles that our and then to Hamburg Cove on Long Is- Mr. RAHALL. Mr. Speaker, I yield Founding Fathers set out to prevent. land Sound. myself such time as I may consume. Congress continues to ignore, neglect, It is one of the most pristine treas- Mr. Speaker, as I mentioned in my disparage, and not understand its im- ures in a highly densely populated part opening remarks, this is 60-some pieces portance. of the country, one of the original colo- of legislation in this bill, and it may The Federal Government already nies, where we respect property rights not be perfect, but it’s the nature of owns nearly 650 million acres of land, dearly in the State of Connecticut. the beast, as the process is. Of the 60- half of which experience severe mainte- Over that 10-year period, a balanced some measures in this legislation, 57 nance problems and backlogs. This leg- process was followed, which brought that went through our committee on

VerDate Aug 31 2005 02:12 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.026 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2811 Natural Resources were pretty well ex- Second, it would provide for Federal help in I welcome the fact that the Senate has fol- amined. They weren’t just thrown into building pilot plants to demonstrate ways to lowed the lead of the House in approving this this bill without any consideration treat produced water to make it suitable for ir- legislation, and I look forward to its enactment. whatsoever. Either in this Congress or rigation or other uses, again without adversely PLATTE RIVER RECOVERY IMPLEMENTATION LEGISLATION the previous Congress, these bills have affecting water quality or the environment. At Section 515 of this Senate-passed bill is had hearings on them. I mentioned the least one of these pilot plants would be in also based on a bill (H.R. 1462) I introduced subcommittee process that worked its each of the States in the Upper Basin of the last year. It will authorize the Interior Depart- will in our Committee on Natural Re- Colorado River—that is, Colorado, New Mex- ment to participate in the implementation of sources. So this bill has had pretty ico, Utah, and Wyoming—and at least one the Platte River Recovery Implementation Pro- careful scrutiny. would be in one of the States in the Colorado gram for Endangered Species in the Central I’d like to conclude by commending River’s lower basin—Arizona, California, and and Lower Platte River Basin. the majority leader of the other body, Nevada. This is to assure that, together, the As I said when the House debated that bill, Mr. REID. He has called me on this leg- plants would demonstrate techniques applica- I consider myself fortunate to have the honor islation. It passed through the other ble to a variety of geologic and other condi- of introducing it, and am gratified that it was body after a tortuous process. The final tions. The Federal Government could pay up cosponsored by my Colorado colleagues, vote over there was 91–4. I also want to to half the cost of building each plant, but no Representatives DEGETTE, SALAZAR, and commend the Chairman of the Energy more than $1 million for any one plant. No PERLMUTTER, as well as the entire House dele- and Natural Resources Committee on Federal funds could be used for operating the gations of our neighboring States of Wyoming the other side, Mr. BINGAMAN, for his plants. and Nebraska. work and his tenacity. The extent of the potential benefits was Its purpose is to continue a cooperative ef- Again, I commend my ranking mem- shown by the testimony of Mr. David Templet fort involving the Federal Government and the ber, the gentleman from Alaska (Mr. at a hearing on the similar bill of mine the States of Colorado, Nebraska, and Wyoming YOUNG) and the subcommittee ranking House considered in the 109th Congress. (and other entities and groups) aimed at remember, Mr. BISHOP, and the staffs on Testifying on behalf of the Domestic Petro- covery of endangered species in ways that will both sides of our committee on Natural leum Council and several other groups, includ- not involve the creation of Federal water rights Resources for the long hours that they ing the Colorado Oil & Gas Association, he or requiring the grant of water rights to Fed- have put in on this legislation. It is in- noted that produced water is the most abun- eral entities. It is the result of 14 years of ne- deed, as the process goes, an excellent dant byproduct associated with the production gotiations that culminated in 2006 when the piece of legislation, and I am very of oil and gas, with about 18 billion barrels Governors of Colorado, Wyoming, and Ne- proud and highly commend it to my being generated by onshore wells in 1995. braska joined Secretary Kempthorne in signing colleagues for passage and on to the And he pointed out that if only an additional 1 the agreement. President for his signature. percent of that total could be put to beneficial The program is modeled after a somewhat Mr. UDALL of Colorado, Mr. Speaker, I rise use, the result would be to make over 75 bil- similar program for the recovery of several en- in support of this Senate-passed bill, and urge lion gallons annually available for use for irri- dangered species of fish in the upper basin of that it be passed and sent to the President for gation or other agriculture, municipal pur- the Colorado River. I have strongly supported signing into law. poses, or to benefit fish and wildlife. that program because it has enabled us in It gathers into one omnibus measure some Now, remember that in the west we usually Colorado and other participating States to 60 bills—dealing with various public land, na- measure water by the acre-foot—the amount meet the requirements of the Endangered tional park, water, and territorial issues—that that would cover an acre to the depth of one Species Act while allowing continued develop- have already been passed by the House but foot—and an acre-foot is about 328,560 gal- ment and use of water for other purposes as on which the Senate has not taken separate lons, so an additional 75 billion gallons is well. While such arrangements are not easy to action. To expedite their consideration, Sen- more than 230,000 acre feet—more water, in- work out, I think doing so is far better than al- ator BINGAMAN, the Chairman of the other deed. body’s Committee on Energy and Natural Re- And at the same time making produced ternative approaches that are more likely to be sources, gathered them into one package after water available for surface uses, instead of marked by conflicts or litigation. So, I think all most if not all of them had been favorably re- just reinjecting it into the subsurface, can help concerned in the negotiation of this important ported by that committee and been pending increase the production of oil and gas. agreement are to be congratulated. on the Senate calendar for some time. Each At the hearing, this was illustrated by the The Program has three main elements—(1) part of the package is important, but I want to testimony of Dr. David Stewart, a registered increasing stream flows in the central Platte highlight three. professional engineer from Colorado. He cited River during relevant periods through retiming and water conservation/supply projects; (2) PRODUCED WATER LEGISLATION the example of an oil field in California from enhancing, restoring and protecting habitat Section 514, entitled ‘‘More Water, More En- which an estimated additional 150 million bar- lands for the target bird species; and (3) ac- ergy, Less Waste,’’ is based on my bill, H.R. rels of oil could be recovered if water were re- commodating certain new water related activi- 902, the ‘‘More Water and More Energy Act,’’ moved from the subsurface reservoir. And he ties. Its purpose is to benefit three endangered which passed the House last year. pointed out that where oil recovery is thermally species (interior least tern, whooping crane, Its purpose is to facilitate the use of water enhanced, a reduced amount of underground and pallid sturgeon) and one threatened spe- produced in connection with development of water means less steam—and so less cost— cies (piping plover) referred to as the ‘‘target energy resources for irrigation and other uses is needed to recover the oil. species.’’ The Federal Government is to pay in ways that will not adversely affect water The potential for having both more water half the cost, for which the total authorization quality or the environment. and more energy is also illustrated by the ex- I think there is a possibility that it can help ample of a project near Wellington, Colorado, would be $157.14 million plus any needed in- change an energy-industry problem into an that treats produced water as a new water re- flation adjustments. Implementation of the Pro- opportunity, not just for oil and gas producers source. I had the opportunity to visit it last gram will mitigate the adverse impacts of cer- but for everyone else who would benefit from year, and found it very interesting. An oil com- tain new water related activities through the increased supplies of useable water. And es- pany is embarking on the project to increase implementation of state and federal depletions pecially in the arid west, that covers every- oil production while a separate company will plans. This will allow continued growth and one—not least our hard-pressed ranchers and purchase the produced water to supplement water development to occur in the Platte River farmers. existing supplies, eventually allowing the town basin along with improving conditions for the The focus of the section is the underground of Wellington and other water users in the target species. water extracted in connection with develop- area to have increased water for drinking and The legislation is important for Colorado and ment of energy sources like oil, natural gas or other purposes. our neighbors in Wyoming and Nebraska. I am coalbed methane. It would do two things: In view of its potential for leading to both glad that the Senate has approved it and look First, it would direct the Bureau of Reclama- ‘‘more water’’ and ‘‘more energy’’ as well as forward to its becoming law. tion and the USGS to identify the obstacles to ‘‘less waste,’’ I was pleased but not surprised NORTHERN MARIANAS LEGISLATION greater use of produced water and how those that the Administration, through the Interior Finally, Mr. Speaker, I want to note that Title obstacles could be reduced or eliminated with- Department, has testified that it ‘‘agrees that VII of the bill before us includes important pro- out adversely affecting water quality or the en- the goals of the bill are commendable and the visions related to the Commonwealth of the vironment. needs that could be addressed are real.’’ So, Northern Mariana Islands, or CNMI.

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\K29AP7.028 H29APPT1 smartinez on PROD1PC64 with HOUSE H2812 CONGRESSIONAL RECORD — HOUSE April 29, 2008 Subtitle A of that Title responds to long- of the Northern Marianas Human Dignity Act’’ Mr. HASTINGS of Washington. Mr. Speak- standing Federal concerns regarding immigra- to bar use of the ‘‘Made in the USA’’ label on er, the House of Representatives is being tion, labor, and law enforcement in the CNMI. textiles produced in the CNMI unless they asked to swallow this colossal Senate lands Its enactment will bring completion, at long were produced in plants that conformed with bill without any Member having the opportunity last, to more than a decade of congressional American labor laws, including those aimed at to offer amendments or provide input. This is and executive branch efforts to extend the protecting health and safety and guarding an abdication of our duties as elected Rep- U.S. immigration laws to the CNMI including against exploitation. resentatives and it means good legislation will the establishment of Federal border control as And ever since, I have supported similar continue to sit lingering and waiting for action anticipated by the 1976 covenant agreement legislation, including the bill (H.R. 3079, the in the Senate because it’s not been included between the CNMI and the United States. ‘‘Northern Mariana Islands Immigration, Secu- in this packaged bill. And Subtitle B will enable the citizens of the rity, and Labor Act’’) which passed the House There are parts of this massive bill that I do CNMI—who have been U.S. citizens and last year and which is the basis for Subtitle A support. In fact, I am the sponsor and author members of the U.S. family for over 20 of Title VII of the bill before us today. of the bill, H.R. 386, that will convey certain years—to elect a Delegate to the House of I did so, in part, because in September, buildings and land from the Bureau of Rec- Representatives, a necessary step if we are to 1999, the Committee on Resources (as it was lamation to the Yakima-Tieton Irrigation Dis- keep faith with our Nation’s founding principle then named) held an oversight hearing regard- trict. This measure will allow for greater local of representative government. ing the enforcement of federal laws and the control of property that is already being used The CNMI, a U.S. Territory located in the use of federal funds in the CNMI at which offi- for irrigation purposes. It will also allow the irri- western Pacific Ocean, is an archipelago com- cials of the Interior Department and the De- gation district to make needed improvements. prised of fourteen islands. The majority of partments of Justice and Labor, testified that H.R. 386 passed the House by a vote of 417– CNMI’s population lives on three of the most reform legislation was needed. 0 in February, 2007 and I am pleased that the southern islands: its capital Saipan, Rota, and As the witness from the Justice Department Senate finally acted on this bipartisan piece of Tinian. At the end of World War II, along with put it, ‘‘in order to control crime in the CNMI, legislation. most of the other islands in the Micronesian the U.S. government must be able to prevent However, this package excludes many other region, they were included in a United Nations criminals from gaining unlimited access to the House passed bills that have been awaiting Strategic Trust Territory administered by the islands. We cannot expect to stop the flow of Senate action, including two of which are of United States. In the early 1970’s, the North- drugs, or guns, or trafficking in women and particular interest to me and communities in ern Marianas sought greater self-government, forced prostitution, unless we keep out the Central Washington state. and in 1975 submitted a ‘‘Covenant’’ proposal people who we know are already committing The first bill, H.R. 523, passed the House to the U.S. for final approval. After favorable these crimes’’ and ‘‘the only way to fight effec- last October by a vote of 377 to zero. This bill consideration by Congress, that Covenant, tively the larger crime problem on the CNMI is would allow for the sale of several parcels of which established the Commonwealth of the to apply the Act as it is applied in other U.S. property from the Bureau of Land Manage- ment to the Douglas County PUD for both Northern Mariana Islands in political union with jurisdictions with appropriate transitional ease and efficiency of management, while en- the United States, was signed into law in 1976 phase-in provisions to prevent avoidable adverse impacts on the economy.’’ And the wit- suring environmental protections. Additionally, by President Gerald Ford. During the negotiations over the Covenant, ness from the Labor Department told our com- the funds generated from this sale would be island officials expressed concern about pos- mittee that ‘‘there are extremely serious, per- put towards improving public access to existing BLM lands in Washington state. This cre- sible adverse effects on their culture and eco- vasive, and stubbornly persist[ing] immigration, ates an opportunity to address some long- nomic development that could come from ap- labor, and human rights problems in the Com- monwealth of the Northern Marianas’’ which standing needs to improve public access to plication of certain U.S. laws. In response, the ‘‘derive from systematic, structural weak- public lands in my state, including for recre- Marianas government was given temporary re- nesses in the legal framework in the Common- ation at the Juniper Dunes area. Having sponsibility for determining minimum wage wealth and any solution to these problems de- passed the House over six months ago with- laws, immigration standards, and an income mands a comprehensive, structural solution.’’ out dissent, and also being subject of a posi- tax system. In short, in the words of the witness from tive Senate hearing in February, there is no Beginning in the late 1980s, the CNMI fo- the Interior Department, ‘‘current Federal law reason that this bill shouldn’t be part of this cused on developing a garment industry and is insufficient to correct the continuing inad- package. used its local control of immigration policy to equacies caused by CNMI immigration and Second, I am frustrated that the Senate did allow for the recruitment and importation of labor policy’’ and ‘‘the need to apply . . . Fed- not include H.R. 1285, the Snoqualmie Pass foreign guest workers. But there were increas- eral immigration, wage, and trade standards is Land Conveyance Act. This legislation would ing reports of abuses. inescapable.’’ help facilitate the construction of a modem fire For example, after visiting the islands in Unfortunately Mr. Speaker, while respon- station to serve both local communities and July, 1997, the U.S. Commission on Immigra- sible Federal officials saw the need as ines- interstate freeway travelers crossing tion Reform reported it had found problems capable, for too long Congress did not act to Snoqualmie Pass. The Snoqualmie Pass Fire ‘‘ranging from bureaucratic inefficiencies to meet that need. In part, that was because and Rescue is often the first to respond to labor abuses to an unsustainable economic, those responsible for some of the worse emergencies through the pass. This heavily social and political system that is antithetical abuses had friends in powerful positions here traveled area often sees major snowstorms as to most American values,’’ including exploi- in the House of Representatives. well as avalanches. This bill passed the tation of foreign workers with retaliation That evidently was why the then-leadership House last July by voice vote and it merits against protesters, suppression of basic free- of the House refused to even allow the House passage by the Senate and to be signed into doms, and flagrant abuses of household work- to debate a reform bill (S. 1052 of the 106th law. ers, agricultural workers, and bar girls. The Congress) sponsored by the Republican Sen- Instead of action on these two bills, there is Commission said the CNMI’s guest-worker ator who chaired the Committee on Energy indefinite delay and no apparent plan for ac- policy had created major policy problems and and Natural Resources that passed the Sen- tion. I will not be allowed to offer an amend- resulted in a two-class system where the ma- ate without dissent in 2000. ment to add these two non-controversial bills jority of workers were denied political and so- Instead of being brought to the House floor, to this Senate package. The House is only cial rights. like this bill, that measure was bottled up in given the choice of passing this bill. That and similar reports prompted efforts to the Resources Committee and Jack Abramoff, I have heard some of my colleagues in both achieve reforms through Federal legislation, the lobbyist who represented some of its most the House and the Senate claim that this con- and both the George H. W. Bush Administra- important opponents, reportedly informed his glomerate Senate bill mainly includes bills that tion and the Clinton Administration were con- clients that ‘‘We erected a roadblock in the passed out of the House of Representatives cerned about repeated allegations that foreign House to stop the bill from moving.’’ and enjoy strong bipartisan support. Both H.R. guest workers were being mistreated and ex- But now that roadblock is gone, and today 523 as well as H.R. 1285 fit both of those cri- ploited. Both Administrations supported ad- we can write an end to that sad chapter by teria. Why then were they not included in S. dressing the problem through legal reforms. approving reforms that have been delayed far 2739 when other bills were included that have I have long supported those reforms. In too long. never passed the House or had prior Senate 1999—my first year as a Representative from Mr. Speaker, this is a good bill that de- Committee approval? Colorado—I joined as a cosponsor of a bill a serves enactment, and I urge the House to I am frustrated and disappointed at the bill entitled the ‘‘United States-Commonwealth approve it. closed manner in which the House is being

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It is ironic that both of the though Ike grew up before automobiles ex- Blancas Historic Light Station Outstanding bills that have been left out of this legislation isted, he created the Interstate Highway Sys- Natural Area Act of 2007, a bill I sponsored would, in a responsible way, actually decrease tem and took America into space. He created and was approved by the House on March 5, and relieve these demands and stress on cur- NASA, the Department of Health, Education, 2007, by voice vote. rent capabilities. and Welfare, and the Federal Aviation Admin- First, I want to thank the chairman of the For these reasons, I must vote against this istration. He added Hawaii and Alaska to the Natural Resources Committee, Mr. RAHALL, bill. United States and ended the Korean War. and chairman of the Subcommittee on Na- Mr. MOORE of Kansas. Mr. Speaker, I rise President Eisenhower desegregated the Dis- tional Parks, Forests and Public Lands, Mr. today in support of S. 2739, the Consolidated trict of Columbia and sent federal troops into GRIJALVA, as well as the ranking members of Natural Resources Act of 2008. This measure, Little Rock, Arkansas, to enforce school inte- the full Committee and Subcommittee for ex- recently approved by the Senate, includes a gration. He defused international crises and in- pediting the consideration of this legislation number of measures that earlier had been ap- augurated the national security policies that and for bringing S. 2739 before us today. I proved by the House of Representatives, in- guided the nation for the next three decades, also want to thank Senator BINGAMAN, the cluding H.R. 2094, a bill that I sponsored with leading to the peaceful end of the Cold War. chairman of the Energy and Natural Re- Representatives JERRY MORAN, TODD TIAHRT, A career soldier, Eisenhower championed sources Committee, as well as Senator FEIN- NANCY BOYDA, LEONARD BOSWELL, and MAC peace, freedom, justice and security, and as STEIN and Senator BOXER for their support of THORNBERRY. As an Executive Committee President he stressed the interdependence of the Consolidated Natural Resources Act. member of the Dwight D. Eisenhower Memo- those goals. He spent a lifetime fulfilling his Section 201 of S. 2739 would designate the rial Commission, I know that this legislation is duty to his country, always remembering to Piedras Blancas Historic Light Station—lo- important to our continuing efforts to establish ask what’s best for America. cated in my congressional district—as an Out- a National, permanent memorial to President The development of the Pre-Design Pro- standing Natural Area within the BLM’s Na- Eisenhower. H.R. 2094 would make important gram will produce three books to serve as an tional Landscape Conservation System. The Piedras Blancas Light Station is located amendments to the statute establishing the Ei- information packet for potential designers and on an 18-acre parcel of BLM-administered senhower Memorial Commission, so that it the eventual design team for the memorial. land along the Pacific Coast in San Luis can more effectively discharge its duties. The reasons for building a memorial to Eisen- Obispo County. The property is adjacent to Congress created the Eisenhower Memorial hower are only one part of the challenge set Pacific Coast Highway and the Hearst Castle Commission in 1999 and charged the Com- out in the Pre-Design Program. Technical con- State Historic Monument, and it looks over a mission with establishing a National memorial siderations and guidance from the National pristine coastal area that includes the southern to Dwight David Eisenhower to honor his Park Service are also included. Issues from portion of the Monterey Bay National Marine memory and commemorate his contributions preserving the historic view to the U.S. Capitol Sanctuary and California Coastal National to the nation. The Commission is completely to providing a National Park Service Ranger bipartisan, consisting of four Senators, four Monument. It is also nationally recognized as station at the site are presented. This stage is an important monitoring point for migrating Representatives, and four private citizens. The the last major step prior to procuring a design Commission keeps an office in Washington, whales, and is used by the U.S. Geological team. Survey, the National Marine Fisheries Service DC, with four full-time staff, including an Exec- While the Eisenhower Memorial Commis- and a number of universities and colleges for utive Director and Executive Architect. sion has so far been able to efficiently man- Since determining a preferred site in June marine wildlife and plant research. age the memorialization process, the tasks in- The Light Station and the surrounding area 2005, the Commission has worked tirelessly to volved in design and construction require re- are also important for tourism. For example, speed the progress of the memorialization. In vised administrative and operational authority. the national historic Light House—built in September 2006, only fifteen months later, the H.R. 2094 provides the needed revisions and 1879—is a main destination focal point on the Commission received final site approval from will enable the Commission to work more effi- Central Coast, and the peninsula is very pop- the National Capital Planning Commission and ciently and effectively during design and con- ular for viewing sea otters, elephant seals, and the Commission of Fine Arts. The National Ei- struction when quick turnaround times are vital sea lions from shore. The elephant seal col- senhower Memorial will be located across the and daily decisions must be made. The au- ony at Piedras Blancas attracts an estimated street from the National Air and Space Mu- thority provided in this legislation is based on 400,000 visitors annually. seum at the intersection of Maryland and Inde- the authority given to temporary commissions In 2001, BLM assumed ownership and man- pendence Avenues, SW. The site is sur- in existence for up to three years. The Eisen- agement of the Light Station from the U.S. rounded by institutions Ike either created or hower Memorial Commission has similar Coast Guard. Since then, BLM, State and profoundly influenced, including the Depart- needs, but exists for no set time period. The local agencies, community stakeholders and ment of Education. Commission will exist until the completion of conservation groups have developed a very The Commission is now engaged in Pre-De- the memorial. successful partnership to preserve the Light sign Programming, a concerted effort to deter- For example, H.R. 2094 will enable the Station. mine what the memorial should be. Eisen- Commission to hire temporary federal employ- Some of these partners include: the Piedras hower family members, Eisenhower contem- ees instead of contract consultants, simplifying Blancas Light Station Association; California poraries, historians, Kansans, and many oth- administration of staffing and covering the li- State Parks; San Luis Obispo County; the cit- ers have been interviewed on their vision for ability of its employees. H.R. 2094 will also ies of Cambria and San Simeon; the California the memorial. A voluntary online questionnaire provide for the Executive Architect to rep- Coastal Conservancy and Coastal Commis- is available to the public. Although there are resent the Commission on the panels that will sion; NOAA; and the Hearst Corporation. many diverse opinions on Ike’s greatest select the design team for the memorial. As As a result of their hard work, the site was achievement and the appropriate focus for his currently written, the Commission’s legislation re-opened to public tours in 2003—for the first memorial, all agree that Eisenhower is, as Mi- prohibits its staff or members from partici- time in 128 years! These partners continue to chael Korda presents in his new biography, pating in the determination of the design team. work together on a series of environmental ‘‘an American hero.’’ H.R. 2094 will enable the Commission to education, historical restoration and resource I am particularly proud to claim one of the continue working not only to ensure that the protection programs. And I’m confidant they greatest 20th-century Americans as a fellow National Eisenhower Memorial is an inspira- will each support and showcase this national Kansan. He ranks as one of the preeminent tion to future generations, but also to ensure designation if enacted. figures in the global history of the 20th cen- that the memorialization process is an exam- Mr. Speaker, I also want to acknowledge tury. Dwight Eisenhower spent his entire life in ple of responsible public work. I urge my col- the second and third-graders at Grover public service. His most well-known contribu- leagues to support passage of S. 2739 today, Heights Elementary school in my congres- tions include serving as Supreme Commander and with it, the language included in H.R. sional district for their support of this Light Sta- of the Allied Expeditionary Forces in World 2094. tion. In 2006, these students began the ‘‘Pen- War II and as 34th President of the United Mrs. CAPPS. Mr. Speaker, I rise in strong nies for Piedras’’ campaign to raise money to- States, but Eisenhower also served as the first support of S. 2739, the Consolidated Natural ward restoration of the lighthouse. By the end

VerDate Aug 31 2005 03:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 9920 E:\CR\FM\A29AP7.023 H29APPT1 smartinez on PROD1PC64 with HOUSE H2814 CONGRESSIONAL RECORD — HOUSE April 29, 2008 of the school year, the students had raised Today, that heritage is shared with the people It is my hope that children who visit Wash- $1337.30 in pennies to repair Piedras Blan- as they enjoy the many of the benefits Ohio ington, DC’s museums go home with a more cas. I’m happy to report the students at Gro- and Erie Canal Towpath. With over 3 million complete understanding of what it means to ver Heights continue this wonderful effort to users a year, this one of several National Her- be an American. We hope one day our chil- protect and enhance one of the Central itage Areas clearly highlights the success of dren can learn from our national museums Coast’s crown jewels. this program. that: As you know, my legislation tracks the suc- I also want to emphasize the fiscal responsi- Latinos’ contributions to the United States of cessful model of designating the Oregon bility of the heritage area provisions. This bill America date back to 1565, when the Spanish Coast’s Yaquina Head as an Outstanding Nat- will not provide money to managing entities established the first permanent settlement in ural Area, which was signed into law in 1980. unless they provide matching funds from other the territorial United States in St. Augustine, Yaquina Head was later included in the Na- sources. For example, within the Ohio and Florida—four decades before the establish- tional Landscape Conservation System. Erie Canalway, for the $8 million in Federal ment of Jamestown and Plymouth Rock. Like Yaquina Head, the addition of the funding that has been secured for this area, From General Bernard de Galvez who sup- Piedras Blancas Light Station to the NLCS over $270 million in State, local, and private ported General George Washington’s rebellion would be an important step in protecting and contributions have been leveraged. against England to the 500,000 Hispanics who preserving this valuable natural and historic Mr. Speaker, the National Heritage Area served in the Armed Forces during World War resource. It will also focus attention on the program has been a successful program for II to the soldiers like Jose Antonio Gutierrez restoration of the Light Station and sur- nearly 10 years. I believe it will continue to be who was among the first casualties of Amer- rounding area, specifically the three on-site a successful program as it has been an effi- ican troops in Iraq, Latinos have played a piv- National Register properties. And, it will serve cient use of the taxpayers’ money while pre- otal role in every major U.S. military war. as a means to increase public awareness of serving historic and cultural landmarks for The sacrifices and honor of our Latino serv- the Light Station’s scientific, cultural and edu- communities across this country. I ask my col- ice members represent a proportionately larg- cational values. leagues to support S. 2739. er number of our Nation’s Congressional Specifically, Section 201 stresses long-term Mr. BECERRA. Mr. Speaker, I rise in sup- Medal of Honor awardees than any other eth- conservation of the Light Station by requiring port of S. 2739, the Consolidated Natural Re- nic group. timely completion of a management plan. The sources Act of 2008, which includes a provi- Latino astronauts, such as astronauts Dr. management plan would be developed sion to establish a commission that will report Franklin Chang-Dıáz, Sydney Gutie´rrez, and through a public process and include guide- to Congress on the feasibility of creating a Na- Dr. Ellen Ochoa, have soared into space. tional Museum of the American Latino. lines for restoration of the National Register of During Hispanic Heritage Month in October, Recently, the Senate passed this legislation. Historic Places buildings, including the Light 2003, I first sponsored this important legisla- The House of Representatives already voted tion with my good friend, Representative House; public access; ecological and cultural unanimously for the National Museum of the resource management; and, fostering scientific ILEANA ROS-LEHTINEN. I thank her and my American Latino provision in the form of H.R. Senate colleagues, Senators KEN SALAZAR, study and research opportunities. 512 on February 4, 2007. And today, we get Mr. Speaker, the Piedras Blancas Light Sta- BOB MENENDEZ, and MEL MARTINEZ for their the chance to do it once again. work as lead champions of the National Amer- tion is a wonderful resource. It has the poten- The passage of S. 2739 will ensure that a tial to serve as a model for future resource ican Latino Heritage Museum Commission Act full, rich, and inclusive story of American in the Senate. To Senator JEFF BINGAMAN and management, and therefore would be an ap- Latinos will be told in our nation’s capital soon. propriate addition to the BLM’s National Land- Majority Leader HARRY REID, I send my appre- Tomorrow, as many families and educators ciation for their help both in including H.R. 512 scape Conservation System. celebrate El Dıá de los Ninõs, a day on which Again, I would like to thank the Committee as part of the Consolidated Natural Resources families and educators celebrate our children, Act of 2008 and in ensuring the bill’s safe on Natural Resources for supporting this bill, it is important to consider a valuable learning which among other things, will designate the Senate passage. tool that until now has been somewhat ne- Mr. Speaker, we are moving closer to the Piedras Blancas Historic Light Station as an glected. Our national museums influence what Outstanding Natural Area, and urge its imme- day when we can confidently say that the mo- Americans and foreign visitors know and be- saic portrayed in Washington, DC’s museums diate passage. lieve about this nation’s collective history and Mr. REGULA. Mr. Speaker. I want to thank truly reflects America. I thank you for allowing cultural life. My largest disappointment is that the consideration of S. 2739, which includes Chairman RAHALL and my colleagues in the the official narrative portrayed in our museums Senate for all of their hard work on this bill. It the National Museum of the American Latino still fails to recognize and exhibit the signifi- Commission Act to have its time on the House is my pleasure today to speak on behalf of S. cant contributions made by Latinos to the cul- 2739. floor. I strongly encourage my colleagues to ture and history of the United States. vote in support of S. 2739, so that we can I rise to highlight Title IV of this comprehen- This National Museum of the American clear this final congressional hurdle and move sive natural resources bill, which reauthorizes Latino Commission Act included in S. 2739 forward a broadly supported effort to ensure the National Heritage Area program. Heritage creates a bipartisan Commission tasked with that American Latinos are included in our na- Areas allow communities to preserve and looking at whether our national museums are tional narrative. maintain places of cultural and historical im- doing all they can to provide future genera- portance so that future generations can enjoy Mr. RAHALL. I yield back the bal- tions a more complete portrayal of American ance of my time. them. These areas also provide important rec- Latino contributions to American life. The 23- reational opportunities for local families and The SPEAKER pro tempore. The member Commission of experts would exam- question is on the motion offered by visitors who come from all over the country. ine whether and how to establish a new mu- They relieve the Federal Government of the the gentleman from West Virginia (Mr. seum dedicated to the art, history, and culture RAHALL) that the House suspend the burden of permanently maintaining these of the American Latino population of the spaces as national parks at a time when the rules and pass the Senate bill, S. 2739. United States. Within two years of the bill The question was taken. National Park System is overburdened. being signed into law, the Commission will re- The SPEAKER pro tempore. In the Mr. Speaker, this bill is a tremendous ben- port their findings and recommendations to opinion of the Chair, two-thirds being efit to the American people. National Heritage Congress, detailing a recommended plan of in the affirmative, the ayes have it. Areas provide opportunities for the health, action on how to move forward with taking the Mr. BROUN of Georgia. Mr. Speaker, education, and recreation of the American museum from concept to reality. on that I demand the yeas and nays. people in their communities. In my State of In passing this legislation, we are laying the The yeas and nays were ordered. Ohio, the Ohio and Erie Canalway is one of first cobblestones in what many hope will ulti- The SPEAKER pro tempore. Pursu- the many great examples of the success of mately create a National Museum of the ant to clause 8 of rule XX and the this program. The Ohio and Erie Canal was American Latino. Though American Latinos’ Chair’s prior announcement, further originally created nearly two centuries ago in contributions span centuries and economic proceedings on this motion will be an attempt to bring Ohio out of economic stag- sectors, many people are unaware of the role postponed. nation by making the State a vital link in the Americans of Latino descent played, and con- f waterways that connect the Eastern States tinue to play, in America. This legislation offers with the Gulf of Mexico. As a result, Ohio ex- an extraordinary opportunity to better under- FINANCIAL LITERACY MONTH 2008 celled to become one of the most prosperous stand the historical and significant contribu- Mr. HINOJOSA. Mr. Speaker, I move States within 20 years of the canal’s creation. tions that make this country great. to suspend the rules and agree to the

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.027 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2815 resolution (H. Res. 1079) supporting the and walks of life through a range of outreach youth as early as possible to make in- goals and ideals of Financial Literacy efforts, including media campaigns, formed financial choices, as well as Month 2008, and for other purposes. websites, and one-on-one counseling for indi- manage money, credit, debt, and risk, The Clerk read the title of the resolu- viduals; and become responsible workers, heads Whereas at least 6,500 bankers will teach tion. savings skills to young people on April 29, of household, investors, entrepreneurs, The text of the resolution is as fol- 2008, during Teach Children to Save Day, business leaders, and citizens. lows: which was started by the American Bankers We need to begin working closely H. RES. 1079 Association Education Foundation in April with the Department of Education in Whereas personal financial literacy is es- of 1997 and has helped more than 45,000 bank- States and localities to ensure that we sential to ensure that individuals are pre- ers teach savings skills to nearly 2,300,000 begin the financial literacy learning pared to make informed financial choices, as young people; process at least by the time a child en- well as manage money, credit, debt, and risk Whereas staff from America’s credit unions ters kindergarten, and we need to work and become responsible workers, heads of will make presentations to young people at local schools on financial topics such as stu- with the States to encourage them to households, investors, entrepreneurs, busi- require some form of financial literacy ness leaders, and citizens; dent loans, balancing a checkbook, and auto Whereas personal financial management loans during National Credit Union Youth as a required part of the education cur- skills and lifelong habits begin to develop Week, which will be held April 20–26, 2008; riculum. during childhood; Whereas Members of the United States Policymakers of both parties at the Whereas a study completed in 2006 by the House of Representatives established the Fi- local, State, and Federal levels re- Jump$tart Coalition for Personal Financial nancial and Economic Literacy Caucus cently have increased their focus on fi- Literacy found that high school seniors (FELC) in February 2005 to (1) provide a nancial literacy and economic edu- know less about principles of basic personal forum for interested Members of Congress to cation issues because national surveys finance than did high school seniors 7 years review, discuss and recommend financial and economic literacy policies, legislation, and from such groups as Jump$tart, the Na- earlier, and the average scores in both years tional Council on Economic Education, were failing grades; programs, (2) collaborate with the private Whereas the 2007 Survey of the States by sector, and nonprofit and community-based and the National Federation for Credit the National Council on Economic Education organizations, and (3) organize and promote Counseling reveal troubling gaps in found that 49 States include the subject of financial literacy legislation, seminars, and students’ and the public’s knowledge of economics and 40 States include the subject events, such as ‘‘Financial Literacy Month’’ these subjects. of personal finance in their elementary and in April, 2008, and the annual ‘‘Financial Lit- Economic competency and financial secondary education standards, up from 48 eracy Day’’ fair on April 28, 2008; and literacy skills are critical for individ- and 31 States, respectively, in 2002; Whereas the National Council on Economic uals to make sound decisions regarding Whereas 55 percent of college students ac- Education, its State Councils and Centers for Economic Education, the Jump$tart Coali- home ownership, in savings, invest- quire their first credit card during their first ment, credit and borrowing, as well as year in college, and 92 percent of college stu- tion for Personal Financial Literacy, its dents acquire at least 1 credit card by their State affiliates, and its partner organiza- retirement planning. An educated and second year in college, yet only 26 percent of tions, and JA Worldwide have designated literate populace will strengthen the people between the ages of 13 and 21 reported April as Financial Literacy Month to edu- national economy as individuals im- that their parents actively taught them how cate the public about the need for increased prove their own economic well-being. to manage money; financial literacy for youth and adults in the Mr. Speaker, our government should Whereas the personal savings rate in the United States: Now, therefore, be it lead by example. We should coordinate United States was zero percent at the end of Resolved, That the House of Representa- tives— and communicate a unified message on the fourth quarter of 2007, which puts it financial literacy across this Nation. among the lowest since the government (1) supports the goals and ideals of Finan- began collecting the data in 1959; cial Literacy Month, including raising public We should authorize and appropriate Whereas although more than 42,000,000 peo- awareness about financial education; such funds as necessary to create a ple in the United States participate in quali- (2) recognizes the importance of managing broad-based public awareness campaign fied cash or deferred arrangements described personal finances, increasing personal sav- comprised of a substantial mass mar- in section 401(k) of the Internal Revenue ings and reducing indebtedness in the United ket, multimedia effort in support of a Code of 1986 (commonly referred to as ‘‘401(k) States; and national financial literacy initiative plans’’), a Retirement Confidence Survey (3) requests that the President issue a proclamation calling on the Federal Govern- on the scale of the ‘‘Truth’’ campaign conducted in 2004 found that only 42 percent developed through the Public Edu- of workers surveyed have calculated how ment, States, localities, schools, nonprofit much money they will need to save for re- organizations, businesses, other entities, and cation Fund to discourage smoking tirement and 37 percent of workers say that the people of the United States to observe among young people. they are not currently saving for retirement; the month with appropriate programs and Furthermore, I believe that the Na- Whereas the average baby boomer has only activities with the goal of increasing finan- tional Endowment on Financial Edu- $50,000 in savings apart from equity in their cial literacy rates for individuals of all ages cation and several other financial lit- homes; and walks of life. eracy nonprofits and community-based Whereas a study by the American Institute The SPEAKER pro tempore. Pursu- groups would agree with me. In 2004, of Certified Public Accountants found that 55 ant to the rule, the gentleman from Congress passed a bill known as the percent of people between the ages of 25 and Texas (Mr. HINOJOSA) and the gentle- FACT Act. One of the provisions in 34 maintain an interest-bearing account or woman from Illinois (Mrs. BIGGERT) other savings instrument, a decrease of 10 that act required Treasury and a Fi- percent since 1985; each will control 20 minutes. nancial Literacy Commission to create Whereas the April 2007 National Founda- The Chair recognizes the gentleman such a campaign. It is now 2008, and tion for Credit Counseling consumer finan- from Texas. Treasury has failed. So now it’s our cial literacy survey found that only 39 per- GENERAL LEAVE turn to take back control of the situa- cent of American consumers keep close Mr. HINOJOSA. Mr. Speaker, I ask tion. track of their expenses; less than half have unanimous consent that all Members We can introduce legislation author- ordered their credit report; and one-third do may have 5 legislative days within izing funds for such a national multi- not know where to go for financial advice; Whereas studies show that as many as which to revise and extend their re- media financial literacy campaign. The 10,000,000 households in the United States are marks on this legislation and to insert National Endowment on Financial ‘‘unbanked’’ or are without access to main- extraneous material thereon. Education recently completed one that stream financial products and services; The SPEAKER pro tempore. Is there was a success. I hope that all of my col- Whereas expanding access to the main- objection to the request of the gen- leagues will support such legislation stream financial system provides individuals tleman from Texas? once it has been introduced. with lower-cost and safer options for man- There was no objection. Mr. Speaker, some disturbing facts. aging finances and building wealth and is Mr. HINOJOSA. Mr. Speaker, I yield The personal savings rate in the United likely to lead to increased economic activity myself such time as I may consume. States was a negative 1 percent at the and growth; Whereas public, community-based, and pri- Mr. Speaker, personal financial man- end of 2006, and it was zero percent at vate sector organizations throughout the agement skills and lifelong habits the end of the fourth quarter of 2007, United States are working to increase finan- begin to develop during childhood. It is which puts it among the lowest level cial literacy rates for Americans of all ages essential that we begin preparing our since the government began collecting

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.029 H29APPT1 smartinez on PROD1PC64 with HOUSE H2816 CONGRESSIONAL RECORD — HOUSE April 29, 2008 the savings rate data in 1959. Although stock market game, and many more assess their overall financial health. Having more than 42 million people living in activities. identified the key areas of deficiency, the the U.S. participate in 401(k) plans, a Mr. Speaker, I want to take this op- NFCC and MSN Money plan to target their portunity to commend my colleagues financial education initiatives to those Retirement Confidence Survey con- Americans most at-risk. ducted in 2004 found that only 42 per- and friends, Congresswoman EDDIE While some results were positive, others cent of workers surveyed have cal- BERNICE JOHNSON and Congressman revealed an undeniable need for financial culated how much money they will DON PAYNE, for all that they are doing education. Key findings were as follows: need to save for retirement, and only 37 to improve financial literacy. With a Significant number struggle with mort- percent of workers say that they are solid background knowledge of finan- gage payments and complexity of buying a cial literacy, America’s youth can be- home. One in every 10 Americans with a not currently saving for retirement. mortgage, or roughly 10 million adults, re- Even more disturbing is the fact that come responsible employees, heads of port being late or missing a mortgage pay- the average baby boomer has only household, investors, entrepreneurs, ment in the last year. Adding more stress to $50,000 in savings, apart from equity in and business leaders. the current housing market, almost one- their home, and the first wave of baby quarter of Americans say they do not know b 1515 boomers have already entered their re- enough about owning a home to consider tirement years. This is unbelievable Parents and teachers need to teach buying one. and dangerous to our economy and our our youth to start saving young, stay Millions have serious difficulties paying bills each month, most notably Generation way of life. insured, budget their money, not borrow what they cannot repay, and espe- Y. While a majority of the public reports Something I want to discuss at that they pay their bills on time and do not length, Mr. Speaker, is the plight of cially avoid excessive credit card debt have any debts in collections, a notable mi- what are known as the ‘‘unbanked.’’ As and the credit card sharks that prey on nority has fallen behind and is struggling, many as 10 million households in the students on every college campus with seven percent, or roughly 15 million United States are unbanked, without across the United States. adults, either getting calls from collectors or access to mainstream financial prod- Before I close, Mr. Speaker, I want to seriously considering filing for bankruptcy. ucts and services. This is a very com- take this opportunity to thank Con- Higher income households and older Ameri- cans are more likely to stay on top of their gresswoman BIGGERT for working with mon occurrence in my congressional bills. Whites and Latinos are more likely to district. People tend to operate in a me over the years on financial literacy. pay their bills on time and stay clear of col- cash society along the Texas Mexico- It is a pleasure to work with you and to lections than blacks. Alarmingly, only 59 border. If these individuals were to buy be able to accomplish so much in just percent or roughly 23 million of the young their goods and services by drawing a few years. adults in Generation Y, those ages 18–29, pay down funds from a checking or a sav- I also want to commend her staff, Ni- their bills on time every month. That trans- ings account, they would eventually be cole Austin and Zach Cikanek, for lates into millions of tomorrow’s leaders, their dedication to the financial lit- those who will drive the engine of our econ- incorporated into the entire main- omy for years to come, who are not prac- stream financial system. By doing so, eracy cause. I want to also express my ticing a most basic financial principle. The they would establish credit. Lenders sincere appreciation for the assistance previous generation of consumers, those ages would have access to their credit re- Denise Wilson of our Committee on 30–49, also do not appear to be modeling good ports and scores, and this would hope- Government Reform provided my staff. financial behavior. fully result in these previously I applaud the staff from America’s Only a minority keep close track of expenses/spending. Financial experts generally unbanked persons attaining the Amer- credit unions, who made presentations to young people at local schools on fi- agree that having a household budget is ican Dream of homeownership. sound financial management. However, simi- Unfortunately, even when these for- nancial topics such as student loans, lar to the findings from 2007, only a minority mally unbanked individuals finally balancing a checkbook and auto loans of Americans say they keep close track of have the ways and means to purchase a during National Credit Union Youth what they their typical monthly expenses home, they quickly discover that they Week, which was held the week of April are. Although a majority of the public has at have to protect themselves from preda- 20 of this year. least a somewhat good idea of where their tory lenders. I believe that the legisla- I also want to commend the Amer- money goes each month, nearly two in 10, or ican Bankers Association Education roughly 40 million adults, keep little or no tion that Chairman FRANK and the track at all. Contrary to some stereotypes, Committee on Financial Services is Foundation for holding their annual how closely Americans manage their money crafting will help low-income individ- Teach Children to Save Day. Today, does not vary by gender, age, or income. uals who have been duped by unscrupu- April 29, just happens to be Teach Chil- Women continue to be as likely as men, lous salespersons, which has resulted in dren to Save Day. It is my under- younger people as likely as older people, and the current economic crisis. Chairman standing that over 12,000 bankers from lower income households as likely as higher FRANK definitely has his finger on the 1,100 bank branches signed up to host income ones to keep close track of what they financial literacy events today. Fur- spend. pulse of this problem, and he will make Savings and emergency funds lacking. A sure the train stays on the track. thermore, I understand that tomorrow majority of the public does not have a suffi- I salute Congresswoman BIGGERT for is El Dia de los Ninos, and they too will cient emergency fund, defined as three to six her work on this issue. Six years ago, be exposed to financial literacy edu- months income saved. More than one-third, to address all of these financial lit- cation in English and in Spanish. Many or roughly 76 million adults, say they do not eracy problems, my colleague and good American children will share financial have any non-retirement savings. Although a friend and staunch supporter of finan- literacy lessons with approximately majority is currently saving for their retire- 435,000 students, which is quite an en- ment, more than one-quarter are not. cial literacy, Congresswoman JUDY Many Americans are under-insured, BIGGERT, and I cofounded and currently deavor, but one which they can accom- Latinos at higher risk. Even though the baby cochair the Congressional Financial plish under the direction of Kathryn boomer generation has come of age, only a and Economic Literacy Caucus. The Kelly. little more than one-quarter say they have caucus seeks to address these issues I include the following extraneous long-term care insurance. Another at-risk head-on by increasing public awareness material for the RECORD: group is renters, with only one in 10 saying they have renters insurance. Latinos are also of poor financial literacy rates and NFCC AND MSN MONEY RELEASE CONSUMER less likely to have medical and life insurance SURVEY RESULTS ON CAPITOL HILL—2008 working to find the ways and means to than whites or blacks. SURVEY REVEALS SERIOUS GAPS IN FINAN- improve them. Minority has ordered credit report. Finan- The caucus has helped promote poli- CIAL LITERACY cial experts recommend that consumers cies that advance financial literacy SILVER SPRING, MD.—The National Foun- check their credit history at least once a and economic education. Together, we dation for Credit Counseling (NFCC) and year. Yet, only a minority of Americans has have done so by connecting Members of MSN Money today released the results of ordered their credit report in the past year, Congress with Federal agencies that their 2008 Consumer Financial Literacy Sur- in spite of the fact that it can be acquired for vey during a Congressional Briefing on Cap- can help them teach financial literacy free. And one-third, or roughly 72 million itol Hill. The purpose of the survey, con- adults, readily admit that they do not know at town hall meetings, through finan- ducted by Princeton Survey Research Asso- their all-important credit score. cial literacy e-newsletters, financial ciates International, is to identify what Parents and home the biggest influence on literacy fairs, financial football, the Americans know about their finances and to financial education. A plurality of the public

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.030 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2817 says they have learned the most about per- Credit unions are particularly aware of the ICBA encourages its nearly 5,000 member sonal finance from their parents or at home. importance of providing a financial edu- community banks to support the goals of Fi- Almost half of those who closely monitor cation to young people. During Financial nancial Literacy Month by promoting finan- their finances are more likely to say that Literacy Month, credit unions will dem- cial literacy programs during ICBA Commu- they learned about personal finance from onstrate our commitment to educating nity Banking Month in April, as well as their parents or at home, underscoring the youth as we hold National Credit Union throughout the year. ICBA has an on-going potential positive influence parents can have Youth Week from April 20–26, 2008. Through commitment to improving financial literacy on their children financially. To a lesser ex- the week’s National Youth Savings Chal- by forging government, non-profit and pri- tent, some say they learned the most about lenge, participating credit unions will motivate-sector partnerships, such as the personal finance on their own, followed by a vate children, teenagers, and their parents to Jump$tart Coalition and America Saves. financial professional, self-help sources, become more active users of credit union ICBA recognizes community banks for school, work, friends, and their spouse or services. Each year of the challenge has seen their outstanding financial literacy efforts partner. a steady increase in participation and sav- within their community through the Na- Americans worry about future income ings. In 2007, 393 credit unions participated in tional Community Bank Service Award Fi- growth; Midwest has greatest concerns. And the challenge and 71,844 youth—an increase nancial Literacy Award. For 2007, two com- matters are not likely to improve, according of 9,067 youth accounts—made $10.1 million munity banks received recognition: to some Americans. Only one-quarter expect in saving deposits. Howard Bank, Ellicott City, Md., was hon- their income to outpace inflation. More than In keeping with our commitment, credit ored for its financial literacy program by do- half of all Americans believe their income unions manage many other financial youth nating more than $70,000 and volunteering will shrink, not keep pace with inflation, or literacy programs throughout the year. countless hours to local schools, community stay even; this worry is greatest among Credit unions have directly assisted in deliv- groups and non-profit associations needing Americans in the Midwest at nearly 70 per- ering the National Endowment for Financial help with financial literacy. cent. Education’s (NEFE) High School Financial 1st Centennial Bank, Redlands, Calif., was ‘‘If there were ever a time that Americans Planning Program materials to more than honored for developing curriculum that needed to embrace financial literacy, it is 1,200 schools and 500,000 students nationwide teaches the basics of money management now,’’ said Susan C. Keating, president and from 2000 to 2007. Of the 6 million student such as saving, budgeting, spending and CEO of the NFCC. ‘‘The NFCC is proud to guides which have been distributed since its using credit wisely. 1st Centennial offers the make public the results of this survey in publication, 4 million were distributed since program and provides all materials for free. hopes that it will be a wake-up call to con- CUNA’s partnership with the program in Some of the results of the National sumers. We live in a credit-dominated soci- 2000. ety and it is important that consumers avail In addition, credit unions have helped fund Federation for Credit Counseling’s sur- themselves to the many opportunities to the BizKid$ Television Series—a 26-episode vey were positive, but others revealed sharpen their financial skills and avoid any series that promotes financial education for an undeniable need for financial edu- traps along the path to financial stability.’’ middle and high school students and reaches cation. These results are consistent ‘‘The findings of this study are staggering, nearly 90 million American households— with the findings of Jump$tart’s 2008 fi- especially given the current economic out- which was a joint project of the Washington look. We conducted this study to get at the nancial literacy survey, the National Credit Union Foundation, the Public Broad- Council on Economic Education’s 2007 core of what financial issues plague Ameri- casting Service, and Junior Achievement cans and with this information we are now Worldwide. Credit unions across the country Survey of the States, the 2007 Ariel- better equipped to help consumers where also reach out to students on a personal level Schwab Black Investor Survey, the they need it most,’’ said Richard Jenkins, by visiting local schools to speak about such Employer Benefit Retirement Insti- editor-in-chief of MSN Money. ‘‘The good topics as student loans and hosting personal tute’s recent Retirement Confidence news is that there’s an array of tools, expert finance camps for teenagers. Survey, and the National Council of La advice and other resources available to bet- CUNA believes in the importance of finan- ter equip Americans with the information Raza’s ‘‘Financial Counseling: A Mean- cial literacy for all Americans and thanks ingful Strategy for Building Wealth in they need to stay on top of their finances. As you for your leadership in introducing H. a first step, I encourage consumers to check Res. 1079. We strongly urge its adoption in the Latino Community.’’ out the NFCC and MSN Money Web sites for the House of Representatives. In closing, Mr. Speaker, our country tips and guidance on how to get their fi- Sincerely, is suffering financially and our con- nances on track and stay ahead during these DANIEL A. MICA, stituents are not armed with the tools tough financial times.’’ President & CEO. they need to provide for a good future. Survey Methodology. Princeton Survey Research Associates International conducted Whether you are 5 or 65, it is never too ICBA APPLAUDS REPS. HINOJOSA AND BIGGERT telephone interviews between March 5th and early nor too late to take control of FOR RESOLUTION ON FINANCIAL LITERACY March 15th, 2008 from a representative sam- your finances. So why not start now? MONTH pling of 1,001 Americans nationwide. The For these reasons and more, I encour- WASHINGTON, D.C. (April 15, 2008).—The margin of error for questions based on the age my colleagues to support this reso- total sample is +/¥ 3 percentage points. Independent Community Bankers of America (ICBA) strongly supports the bi-partisan con- lution, H. Res. 1079. gressional resolution Recognizing the Goals Mr. Speaker, I reserve the balance of Washington, DC, April 8, 2008. my time. Hon. RUBE´ N HINOJOSA, and Ideals of Financial Literacy Month (H. House of Representatives, Res. 1079) designating April as ‘‘Financial Mrs. BIGGERT. Mr. Speaker, I yield Washington, DC. Literacy Month,’’ which calls on govern- myself such time as I may consume. Hon. JUDY BIGGERT, ment, non-profit organizations and the pri- Mr. Speaker, I rise in strong support House of Representatives vate sector to raise public awareness about of H. Res. 1079, which recognizes April Washington, DC. the importance of financial education in the as National Financial Literacy Month. DEAR REPRESENTATIVES HINOJOSA AND United States and the serious consequences I am pleased to say that this will be that can result from a lack of understanding BIGGERT: the fifth year in a row that Congress I am writing on behalf of the Credit Union about personal finances. National Association (CUNA), to express our ‘‘Managing money wisely is critical to suc- has designated April as Financial Lit- support for H. Res. 1079, which supports the cess in life,’’ said Cynthia L. Blankenship, eracy Month, and I would like to thank goals and ideals of Financial Literacy Month ICBA chairman and vice chairman and chief my good friend and fellow Chair of the 2008. CUNA is the nation’s largest credit operating officer of Bank of the West, Irving, House Financial and Economic Lit- union advocacy organization, representing Texas. ‘‘Too many Americans lack the skill eracy Caucus, Mr. HINOJOSA, for intro- 90% of our nation’s approximately 8,800 state and knowledge to make appropriate finan- ducing this resolution and for his con- cial decisions. The more consumers and and federal credit unions, their state credit tinuing efforts to improve financial lit- union leagues, and their 88 million members. young adults know, the better they are at Given the uncertainty in today’s financial managing their finances, and the better they eracy rates in America. markets, the subprime lending crisis and manage their finances, the more likely they Our caucus, which boasts about 80 other economic factors, financial literacy is are to enjoy a secure financial future. members from both sides of the aisle, more important than ever for all Americans. ‘‘We commend Reps. Rube´n Hinojosa (D– has been on the front line of this issue A knowledge of personal financial manage- Tex.) and Judy Biggert (R–Ill.) for intro- for several years, and I think it is fair ment, including savings, investment and ducing a resolution that supports the goals to say that we have made some genuine debt, is essential to ensuring that individ- and ideas of Financial Literacy Month,’’ said progress. Today, 40 States include per- uals are empowered to make informed deci- Blankenship. ‘‘Financial education is impor- sions about their finances. The financial lit- tant for today’s consumers so that they can sonal finance in their educational eracy is vital to the well-being of American understand and make good decisions when standards. That is up from 31 in 2002. families and the overall economic health and faced with the complex array of financial Even more promising, 49 States now in- prosperity of our nation. products and services available.’’ clude some aspect of economics in the

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.034 H29APPT1 smartinez on PROD1PC64 with HOUSE H2818 CONGRESSIONAL RECORD — HOUSE April 29, 2008 curriculum guidelines. But we have tions from across the country came to housing crisis, increasing credit card much work ahead of us if we are going the Hill yesterday for the annual Fi- indebtedness and the economic down- to help today’s children become tomor- nancial Literacy Day Fair. On display turn, it is very important that all row’s smart investors, entrepreneurs for policymakers were hundreds of Americans become better educated and and business leaders. books, programs and resources on how more responsible financial consumers. The savings rate is still hovering just to improve financial literacy in ways Financial literacy is important for below zero; 10 million Americans are that will make a positive impact on many reasons, not the least of which is unbanked; there were 2.2 million fore- people’s lives. It was a remarkable suc- to learn how to save. As some point closures in 2007; and the front pages of cess, and I would like to congratulate out, we have lost that ability. The De- our newspapers across the country pro- the National Council on Economic Edu- partment of Commerce reports that claim that millions of Americans are cation, the Jump$tart Coalition, Jun- personal saving as a percentage of dis- losing their homes because they were ior Achievement, and all the other posable income, already low, declined not ready to be homeowners. sponsors who worked with Senators to zero in the fourth quarter of 2007, Clearly, the need to improve finan- AKAKA and ENZI to put it together. and with the economic downturn, the cial literacy of Americans is greater I would also like to recognize the im- situation will likely get worse. We need than ever. And this applies to all pressive efforts of Charles Schwab, to help individuals develop personal Americans, not just students and chil- John Hope Bryant and the other mem- savings skills, and this resolution will dren. From college grads to senior citi- bers of the President’s new Private encourage them to do so. zens, consumers are being asked to Sector Advisory Council on Financial The deregulation of financial mar- make decisions about increasingly Literacy. It is increasingly clear that kets and the rapid increase in the num- complex financial products. According teaching financial literacy requires co- ber and complexity of financial prod- to the FTC, one-third of borrowers operation between the government and ucts stump even the most financially could not even identify the interest industry. This council will help to fa- savvy. We know that financial literacy rate in a mortgage disclosure form and cilitate that cooperation by making is especially low for certain groups, half could not correctly identify the and implementing recommendations such as those with lower educational loan amount. The problem is amplified for improving on current financial lit- attainment and low income. If you by complicated legal jargon about bal- eracy outreach efforts. don’t understand how finance charges loon payments, rate resets, escrow ac- Mr. Speaker, Americans are a diverse on mortgages, credit cards or car loans counts, prepayments and closing costs. group, but we all share some very basic work, you can’t make decisions that The list goes on and on. That is why I financial needs. We need to be prepared help you, and these decisions could have introduced several bills to help for tuition costs, a home, health care push you further into debt without you owners find a loan that best meets and retirement. We need a financial realizing it. their budget and needs, steering them cushion against unexpected challenges The efforts of our school system are away from a situation that could lead like the death of a family member. And uneven, and we need to encourage to foreclosure down the road. we need the capital necessary for new them. In its 2007 Survey of the States, Just last week, I joined Financial entrepreneurs to launch the start-ups the National Council of Economic Edu- Services Ranking Member BACHUS and and open the small businesses that cation found that only 41 States re- Housing and Community Development drive the economy. Every American quire economic standards to be imple- Subcommittee Ranking Member SHEL- should have the opportunity and know- mented in the high school curriculum, LEY MOORE CAPITO to introduce legisla- how to fulfill each of these goals. That only 17 States actually require an eco- tion that would simplify mortgage doc- is why I urge my colleagues to support nomics course for graduation, only 22 uments and increase resources for this resolution and show that financial States actually test students’ knowl- housing counseling. Taken together, literacy remains a top priority for Con- edge of economics, only seven States these reforms will not only prevent gress. require that students take a personal foreclosures, they will help owners to I would like to once again thank Rep- finance course for graduation, and only avoid fraud and allow them to easily resentative HINOJOSA and his staff, es- nine States actually test students’ compare financial products to find the pecially Greg Davis, for all their hard knowledge of personal finance. best loan for their families’ needs. work on this resolution. I would also Just last month, the Jump$tart Coa- Mr. Speaker, efforts to stimulate the like to thank the chairman and rank- lition released its annual study, which economy cannot succeed unless we ing member of the Financial Services found that the 2008 high school senior equip Americans with the knowledge Committee, Mr. FRANK and Mr. BACH- class knows less about principles of and resources they need to succeed in US, for helping to move this resolution basic personal finance than their 2006 today’s sophisticated economic mar- through our committee in a bipartisan counterparts. This does not bode well ket. Housing is just one of these areas way. for their ability to manage their fi- where improved financial literacy will Mr. Speaker, I strongly support this nances as a result. benefit consumers. resolution and urge my colleagues to This resolution shows our commit- Americans also need access to the do the same. ment to improving financial literacy proper tools for saving and investing Mr. Speaker, I reserve the balance of through both public and private sector money. At the start of the 110th Con- my time. efforts. I urge my colleagues to support gress, I introduced a bill called the 401 Mr. HINOJOSA. Mr. Speaker, I am it. I congratulate the authors, and I Kids Family Savings Act of 2007. This delighted to be able to recognize and congratulate the chairman and the bill will allow parents and family mem- yield 5 minutes to the gentlewoman ranking member for their efforts in bers to set aside money in a child’s ac- from New York (Mrs. MALONEY). moving it through the committee. count that will accumulate tax-free Mrs. MALONEY of New York. I Mrs. BIGGERT. Mr. Speaker, I yield and can be used for college tuition, a thank the gentleman for yielding and 3 minutes to the gentleman from Con- first home, or even retirement, should congratulate him on this resolution necticut (Mr. SHAYS), an important the money last that long. Not only will and all of his hard work. member of the Financial Services Com- this boost savings, it will get kids ac- Mr. Speaker, I rise in support of this mittee. tively engaged in banking from the resolution, and I want to thank Chair- Mr. SHAYS. Mr. Speaker, I rise time they are old enough to count. man HINOJOSA and Congresswoman today in support of the goals and ideals This way, they can learn about things BIGGERT for their leadership in this of Financial Literacy Month and the like compound interest in the best way area as co-chairs of the bipartisan Fi- commitment in Congress to raise pub- imaginable, by watching their own col- nancial and Economic Literacy Caucus. lic awareness about the importance of lege fund grow. As this resolution states, we need to financial education. Mr. Speaker, there are so many great work to encourage government and pri- As we near the end of April, which is ideas for improving financial literacy vate sector initiatives to enhance fi- Financial Literacy Month, credit card rates. In fact, over 50 nonprofit com- nancial literacy. Given the current tur- debt is on the rise, borrowers are de- munity and private sector organiza- moil in the financial markets, the faulting on mortgage payments, oil

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.032 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2819 prices are hitting historic highs, unem- Mr. BACA. Mr. Speaker, I rise to support H. portunity to prosper. I rise to honor the goals ployment is increasing and consumers Res. 1079, a resolution supporting the goals and ideals ‘‘Financial Literacy Month’’ rep- continue to bite off more debt than and ideals of Financial Literacy Month and resents, and urge the nation to secure their fi- they can handle. Financially illiterate thank my friend and colleague Mr. HINOJOSA nances and plan for the years to come. consumers cannot be expected to make for offering it. I also want to thank Mr. As a member of the Financial Literacy Cau- sound financial decisions because they HINOJOSA for his leadership of the Financial cus and co-sponsor of this resolution, I join my simply are not equipped with the tools and Economic Literacy Caucus (FELC), of colleagues in acknowledging the importance of and knowledge they need. which I am a proud member. financial planning and encourage Americans b 1530 This year, the theme for my annual wom- to set goals rather than live from paycheck to en’s conference was ‘‘Financial Literacy for paycheck. With the assistance of dedicated fi- It seems to me we can’t expect people Women,’’ to recognize the importance of edu- nancial planners, Americans can be educated to be thoughtful consumers when they cating and encouraging women to take steps and assisted with setting up a sound financial are not afforded the knowledge they that could result in a better financial future for plan and provide for their family a more se- need to make wise choices about their themselves and their families. At this con- cure life. finances. Through a financial plan, we begin to In light of recent turmoil in the ference, I invited speakers to motivate the dream. When we dream, we have the incen- subprime mortgage and credit markets, women in my district to think about their fi- tive to save; and through savings, we flourish financial education is now more impor- nances and plan for the future. financially. tant than ever. Federal Reserve Chair- That’s what this resolution is all about, en- Through a variety of activities, workshops, man Ben Bernanke drew attention to suring that individuals from all walks of life— and seminars in local communities, citizens this point when he said, ‘‘The crisis in women, men, young and old—recognize the will have the ideal opportunity to speak with the U.S. subprime mortgage market importance of managing personal finances, in- knowledgeable financial planners and begin to underscored the need for Americans to crease personal savings and reduce their paint a picture of a more sound and secure fu- develop a sound base of financial debt. In these tough economic times it is important that we all prepare for our financial future of financial independence. knowledge.’’ Mr. Speaker, I am thrilled to co-sponsor this I believe it is important to ensure ture. resolution so that many Americans, for the first Americans have access to the knowl- The past few months we have seen rising time, can begin to dream of a life of financial edge and expertise they need to be prices for gas to food, more Americans losing security, and work to reach their highest goals savvy consumers and wise investors. It their homes or the value in their homes, and and aspirations. is never too early to learn about the rising unemployment. Earlier this year, the New Direction Congress passed an economic Ms. JACKSON-LEE of Texas. Mr. Speaker, importance of good credit and savings. I rise today in strong support of H. Res. 1079, Parents and schools play an impor- stimulus package to help families with high supporting the goals and ideals of Financial tant role in educating tomorrow’s con- costs of gas, health care and groceries, and to Literacy Month. I would first like to thank my sumers, which is why I am supportive jumpstart our slowing economy. Recovery Re- distinguished colleague, RUBE´N HINOJOSA of of initiatives like Jump$tart that bring bates will be in the hands of 130 million Amer- Texas, for introducing this important legisla- financial education into our Nation’s icans, starting early in May. tion. I believe basic financial literacy is impera- classrooms. Jump$tart is a national co- The strain of the economic downturn on tive to ensure that individuals are capable of alition of organizations dedicated to middle-class families demands a second making financial choices, as well as managing improving the financial literacy of kin- growth and relief package now—and Con- money, credit, debt, and risk and becoming re- dergarten through college-aged youth gress will work in a bipartisan way to find solu- sponsible workers, heads of households, in- by providing educational resources and tions for the immediate crisis and for a long- vestors, entrepreneurs, business leaders, and advocating for increased personal fi- term economic recovery for America. financially stable citizens. Understanding how nance education. A 2008 survey of high I am a proud member of the House Finan- each of these topics work together and affect school seniors conducted by the alli- cial Services Committee and last week, we each other is important for laying the ground- ance revealed that graduating seniors held a markup of legislation that will help ad- work for solid financial foundation for you and continue to struggle with basic finan- dress the foreclosure crisis. The first bill, H.R. your family. cial concepts. 5818 provides $15 billion in loans and grants Personal financial management skills and First convened in December 1995, the to States to allow them to buy up repossessed lifelong habits begin to develop during child- Jump$tart Coalition for Personal Fi- properties. This will help ensure that aban- hood. In 2006, the JumpStart Coalition for nancial Literacy determined that the doned homes don’t stay on the market too Personal Financial Literacy found that high average high school graduate lacks long to keep home prices from dropping even school seniors knew less about principles of basic personal financial management further. The second bill, H.R. 5830 allows the basic personal finance than did high school skills like even balancing a checkbook. FHA to insure up to $300 billion in subprime seniors 7 years earlier, and the average Laying the groundwork for financial loans so that these families in danger of fore- scores in both years were failing grades. Fi- independence at a young age will cre- closing can refinance into a more affordable nancial security is the cornerstone of pros- ate a generation of individually pros- loan. It also provides money to housing coun- perous communities, nurturing neighborhoods perous and fiscally responsible con- selors to increase their efforts in underserved, and strong families. However, many individ- sumers, and a corresponding stronger poor, and minority communities. uals and families are experiencing financial and better Nation. Congress is doing its part to help stabilize Mr. HINOJOSA. Mr. Speaker, I sub- our economy and help keep families in their crisis because of inadequate savings, too mit the following extraneous material homes. This resolution supports our efforts by much debt and poor planning for potential for the RECORD: calling on the President to issue a proclama- major life events. Today, a majority of consumers are experiencing some sort of financial FINANCIAL COUNSELING: A MEANINGFUL tion calling on the Federal Government, STRATEGY FOR BUILDING WEALTH IN THE States, localities, schools, nonprofit organiza- difficulty causing a significant impact on their LATINO COMMUNITY tions, businesses, other entities to observe Fi- everyday lives. In fact, Americans carry more (By Beatriz Ibarra, National Council of La nancial Literacy Month with community pro- than $2 trillion in consumer debt and 30 per- Raza) grams and events. This outreach will help us cent of consumers report having no extra SUMMARY raise public awareness about financial edu- cash—making it impossible to escape the fi- The report shows that current policies to cation and is particularly important for our nancial burden of living paycheck to paycheck. improve financial literacy for Latinos fail to country’s present and future economic well- On average, U.S. households carry about include one-on-one financial counseling pro- being. $8,000 in credit card debt alone. The total U.S grams, the linchpin of any strategy to close I urge my colleagues to support H. Res. consumer credit card—revolving credit—debt the wealth gap for Hispanics. Financial 1079. was $937.5 billion in November 2007 which is Counseling: A Meaningful Strategy for Mrs. BACHMANN. Mr. Speaker, I rise to absolutely unheard of. Building Wealth in the Latino Community provides specific policy recommendations on support H. Res. 1079. Financial stability is the Far too many Americans are insufficiently how to increase programs proven to improve foundation on which freedom and prosperity educated about their personal finances. The financial decision-making of Hispanics—es- are built. It is vital that all Americans grab hold personal savings rate in the United States was pecially the more than 14.5 million who lack of their personal finances so that families and zero percent at the end of the fourth quarter a basic checking account. future generations of Americans have the op- of 2007, which puts it among the lowest since

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\CR\FM\K29AP7.035 H29APPT1 smartinez on PROD1PC64 with HOUSE H2820 CONGRESSIONAL RECORD — HOUSE April 29, 2008 the government began collecting the data in H.R. 4332 The SPEAKER pro tempore. Is there 1959. Shockingly, about half of adults—49 Be it enacted by the Senate and House of Rep- objection to the request of the gentle- percent—say they are concerned they have resentatives of the United States of America in woman from New York? not paid enough attention to managing their fi- Congress assembled, There was no objection. nances as they should have and 48 percent SECTION 1. SHORT TITLE. Mrs. MALONEY of New York. Mr. are concerned they don’t know enough about This Act may be cited as the ‘‘Financial Speaker, I yield myself such time as I Consumer Hotline Act of 2007’’. financial planning; 4 out of 10 American work- may consume. SEC. 2. CENTRALIZED INTAKE OF CONSUMER I rise in support of H.R. 4332, the Fi- ers are not saving for retirement. Public, com- COMPLAINTS AND INQUIRIES MADE munity-based, and private sector organizations TO FEDERAL FINANCIAL INSTITU- nancial Consumers Hotline Act of 2008, throughout the United States are working to TION REGULATORY AGENCIES. which has received strong bipartisan increase financial literacy rates for Americans The Federal Financial Institutions Exam- support from the Financial Services of all ages and walks of life through a range ination Council Act of 1978 (12 U.S.C. 3301 et Committee. of outreach efforts, including media cam- seq.) is amended by inserting after section The bill establishes a single toll-free 1009A the following new section: paigns, Web sites, and one-on-one counseling telephone number that consumers can ‘‘SEC. 1009B. CONSUMER COMPLAINTS AND IN- call if they have a problem with their for individuals. QUIRIES. Mr. Speaker, I urge Members of Congress ‘‘(a) SINGLE TOLL-FREE TELEPHONE NUMBER bank and want to speak to someone in a time of economic crises and brink of eco- FOR CONSUMER COMPLAINTS AND INQUIRIES.— who can help them. nomic recession, to promote literacy in all as- ‘‘(1) CALL INTAKE SYSTEM.—The Federal fi- Given that depository institutions in pects of finance. I support the goals and ef- nancial institution regulatory agencies, co- the United States can be regulated by forts established by the National Council on ordinating through the Council, shall estab- any of five Federal regulators or a Economic Education, the JumpStart Coalition lish a single, toll-free telephone number for State regulator, consumers often don’t consumer complaints and inquiries con- know what entity to call if they have a for Personal Financial Literacy, its State affili- cerning institutions regulated by such agen- ates, and its partner organizations for sup- problem with their account. cies and a system for routing such calls to In a hearing in my subcommittee, porting the goals and ideals of Financial Lit- the Federal financial institution regulatory eracy Month, including raising public aware- agency that primarily supervises the finan- the regulators and consumer groups ness about financial education. I recognize the cial institution, or that is otherwise the ap- testified that customers often end up importance of managing personal finances, in- propriate agency to address the subject of calling their Attorney General. Since creasing personal savings and reducing in- the complaint or inquiry. State authority over national banks debtedness in the United States. I urge my ‘‘(2) ROUTING CALLS TO STATES.—To the ex- has been preempted by the Federal tent practicable, State agencies may receive OCC, AGs can’t help in this category. colleagues to join me in supporting this legis- appropriate call transfers from the system lation that requests the President to issue a This legislation builds on a sugges- established under paragraph (1) if— tion that Comptroller Dugan put for- proclamation calling on the Federal Govern- ‘‘(A) the State agency’s system has the ment, States, localities, schools, nonprofit or- functional capacity to receive calls routed ward to provide consumers with a sin- ganizations, businesses, other entities, and by the system; and gle number to call to get help with the people of the United States to observe the ‘‘(B) the State agency has satisfied any their banking issues, and we drafted it month with appropriate programs and activities conditions of participation in the system in close consultation with all five regu- with the goal of increasing financial literacy that the Council, coordinating with State lators. agencies through the chairperson of the As the OCC, the FDIC, and the OTS rates for individuals of all ages and walks of State Liaison Committee, may establish. life. all testified, this legislation will be ‘‘(b) REPORT TO THE CONGRESS.—Not later cost efficient as well as consumer Mr. HINOJOSA. Mr. Speaker, I yield than 6 months after the date of the enact- back the balance of my time. ment of the Financial Consumer Hotline Act friendly. I should note that CBO came Mrs. BIGGERT. I yield back the bal- of 2007, the Federal financial institution reg- out with an estimate last week. The ance of my time. ulatory agencies shall submit a report to the bill would have no significant effect on The SPEAKER pro tempore. The Committee on Financial Services of the direct spending or revenues. So this question is on the motion offered by House of Representatives and the Committee legislation can help our constituents the gentleman from Texas (Mr. on Banking, Housing, and Urban Affairs of without spending any money. the Senate describing the agencies’ efforts to HINOJOSA) that the House suspend the Right now, each of the agencies has a establish— Web site and provides a phone number rules and agree to the resolution, H. ‘‘(1) a public interagency Web site for di- Res. 1079. recting and referring Internet consumer for consumers to call with questions The question was taken. complaints and inquiries concerning any fi- and has a staff to follow up on com- The SPEAKER pro tempore. In the nancial institution to the Federal financial plaints or inquiries, some of which may opinion of the Chair, two-thirds being institution regulatory agency that primarily be unique to their responsibilities. For in the affirmative, the ayes have it. supervises the financial institution, or to the example, the Federal Deposit Insur- Mr. HINOJOSA. Mr. Speaker, on that Federal financial institution regulatory ance Corporation has systems in place I demand the yeas and nays. agency or State agency that is otherwise the to respond to consumer inquiries about appropriate agency to address the subject of The yeas and nays were ordered. deposit insurance and bank failures. the complaint or inquiry; and This bill would not replace these ex- The SPEAKER pro tempore. Pursu- ‘‘(2) a system to expedite the prompt and ant to clause 8 of rule XX and the effective rerouting of any misdirected con- isting consumer response systems, but Chair’s prior announcement, further sumer complaint or inquiry documents be- helps consumers find them. It adds a proceedings on this motion will be tween or among the agencies, with prompt simple one-stop routing method to postponed. referral of any complaint or inquiry to the minimize confusion for consumers who appropriate Federal financial institution f are unclear about where to call for help regulatory agency, and to participating and directs them to the right agency FINANCIAL CONSUMER HOTLINE State agencies.’’. for specialized assistance. The estab- ACT OF 2007 The SPEAKER pro tempore. Pursu- lishment of a single toll-free number Mrs. MALONEY of New York. Mr. ant to the rule, the gentlewoman from will help encourage greater use of the Speaker, I move to suspend the rules New York (Mrs. MALONEY) and the gen- agency’s resources to help their con- and pass the bill (H.R. 4332) to amend tlewoman from Illinois (Mrs. BIGGERT) sumers. the Federal Financial Institutions Ex- each will control 20 minutes. Establishment of a single toll-free amination Council Act to require the The Chair recognizes the gentle- number will also assist the banking Council to establish a single telephone woman from New York. regulators in compiling consumer com- number that consumers with com- GENERAL LEAVE plaints and inquiries so that better in- plaints or inquiries could call and be Mrs. MALONEY of New York. Mr. formation would be available about routed to the appropriate Federal Speaker, I ask unanimous consent that problems or issues that cut across the banking agency or State bank super- all Members have 5 legislative days institutions that the various agencies visor, and for other purposes. within which to revise and extend their supervise. It would help governments The Clerk read the title of the bill. remarks on this legislation and to in- spot developing problems. Congres- The text of the bill is as follows: sert extraneous material thereon. sional legislation and oversight would

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.048 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2821 also be better informed by such cen- know where to turn when they have a Whereas watermelon is also an excellent tralized statistics. dispute with their institutions. This source of lycopene; This legislation directs the Federal legislation creates a single hotline that Whereas lycopene, an antioxidant found Financial Institutions Examination can help steer consumers in the right only in a few red plant foods, has been shown to reduce the risk of certain cancers; Council to set up the hotline. The direction. Federal regulators currently Whereas watermelon is a heart-healthy Council is an existing interagency body have had an informal system in place food that has qualified for the heart-check established by statute to prescribe uni- to redirect misplaced consumer com- mark from the American Heart Association; form principles and standards for fi- plaints, and regulators are constantly Whereas watermelon has been a nutritious nancial institutions and to otherwise trying to improve the system. But this summer favorite from generation to genera- coordinate regulatory activity among bill will ensure that no consumer com- tion; the Federal banking regulators. The plaint falls through the cracks. Con- Whereas it is important to educate citizens Federal Reserve, FDIC, NCUA, OCC, sumers should not have to make 12 of the United States regarding the health benefits of watermelon and other fruits and and OTS are all members of the Coun- phone calls to find the right regulator. vegetables; and cil. Again, I am pleased that this bill will Whereas July would be an appropriate The legislation also directs the Coun- ensure that consumer complaints are month to establish as National Watermelon cil to work with State banking regu- heard and that regulators are respon- Month: Now, therefore, be it lators to integrate them into the hot- sive. I urge my colleagues to support Resolved, That it is the sense of the House line service. And, the Conference of the bill. of Representatives that there should be es- State Bank Supervisors testified that I yield back the balance of my time. tablished a National Watermelon Month to they have already started to imple- Mrs. MALONEY of New York. I yield recognize the health benefits of watermelon and the importance of watermelon to the ag- ment such a plan. The act also requires back the balance of my time. riculture industry of the United States. the Council to report to Congress 6 The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- months after enactment on the agen- question is on the motion offered by ant to the rule, the gentleman from cy’s efforts to establish a public inter- the gentlewoman from New York (Mrs. Ohio (Mr. KUCINICH) and the gentle- agency Web site, likewise directing and MALONEY) that the House suspend the woman from North Carolina (Ms. FOXX) referring consumer complaints and in- rules and pass the bill, H.R. 4332. each will control 20 minutes. quiries received on the Internet con- The question was taken. The Chair recognizes the gentleman cerning any financial institution to the The SPEAKER pro tempore. In the from Ohio. appropriate Federal or State financial opinion of the Chair, two-thirds being institution regulatory agency. in the affirmative, the ayes have it. GENERAL LEAVE I should note that not only the OCC Mrs. MALONEY of New York. Mr. Mr. KUCINICH. Mr. Speaker, I ask but the Council as a whole has taken Speaker, on that I demand the yeas unanimous consent that all Members some steps in this direction on its own and nays. may have 5 legislative days within initiative, with an eye to both cutting The yeas and nays were ordered. which to revise and extend their re- costs and improving service to con- The SPEAKER pro tempore. Pursu- marks. sumers. Last summer, the Council ant to clause 8 of rule XX and the The SPEAKER pro tempore. Is there formed a working group to study ways Chair’s prior announcement, further objection to the request of the gen- in which the separate consumer com- proceedings on this motion will be tleman from Ohio? plaint handling systems of each regu- postponed. There was no objection. lator could be streamlined and lever- Mr. KUCINICH. Mr. Speaker, I re- f aged to better and more efficiently serve the balance of my time. serve consumers. SENSE OF HOUSE ESTABLISHING Ms. FOXX. Mr. Speaker, I yield my- With this legislation, we give con- NATIONAL WATERMELON MONTH self such time as I may consume. I rise today in support of H. Res. 578 sumers a statutory mandate and a Mr. KUCINICH. Mr. Speaker, I move that will establish a National Water- timetable to support and guide these to suspend the rules and pass the reso- melon Month. efforts, as well as a framework for con- lution (H. Res. 578) expressing the sense Watermelon has been enjoyed over gressional oversight. of the House of Representatives that the years as one of our country’s favor- I urge my colleagues to support this there should be established a National ite foods. As Mark Twain said, ‘‘It is bill. I thank the Chair and the ranking Watermelon Month, as amended. chief of this world’s luxuries, king by member and subcommittee Ranking The Clerk read the title of the resolu- the grace of God over all the fruits of Member BIGGERT and many others for tion. the earth. When one has tasted it, he their help on this legislation. I urge a The text of the resolution is as fol- knows what the angels eat.’’ ‘‘yea’’ vote. lows: I reserve the balance of my time. According to the United States Agri- Mrs. BIGGERT. Mr. Speaker, I yield H. RES. 578 culture Department statistics, the myself such time as I may consume. Whereas watermelon production con- United States produces 4.2 billion I would like to thank the gentle- stitutes an important sector of the agricul- pounds of watermelon annually. This tural industry of the United States; summertime staple ranges in size from woman from New York (Mrs. Whereas, according to the January 2006 MALONEY), the Chair of the Financial statistics compiled by the National Agricul- 5 pounds to over 40 pounds, and is Institution Subcommittee, for her hard tural Statistics Service of the United States grown in 49 States. Many towns in the work on this bill, and I am pleased to Department of Agriculture, the United U.S. strive to become the Watermelon be a cosponsor of this bill and urge my States produces 4,200,000,000 pounds of water- Capital of the World; however, Cordele, colleagues to support it. melon annually; Georgia has won this title repeatedly Mr. Speaker, if you are a consumer Whereas watermelon is grown in 49 States, by producing the biggest, best, and and you have a complaint or a problem is purchased and consumed in all 50 States, most abundant watermelons in the and is exported to Canada; country. Watermelon may be eaten in a of a financial nature, which regulator Whereas evidence indicates that eating 2.5 are you going to call, the FDIC, the to 5 cups of fruits and vegetables daily as variety of ways and is also often used Federal Reserve, the OCC, the CFTC, part of a healthy diet will improve health to flavor summer drinks, including FTC, OFHEO, HUD, Treasury, OTS, and protect against diseases such as cancer, sweet red wine. NCUA, the SEC? In these challenging high blood pressure, stroke, and heart dis- And lest anyone accuse us of dealing times, consumers should not have to ease; with a frivolous subject, let me call at- have a Ph.D. in finance to quickly and Whereas proper diet and nutrition are im- tention to a serious matter. In a time easily get in touch with the appro- portant factors in preventing diseases such where we have all become aware of the as childhood obesity and diabetes; benefits of good nutrition, it is fortu- priate State and Federal banking regu- Whereas watermelon has no fat or choles- lators. terol and is an excellent source of the vita- nate watermelon provides an excellent Given the complexity of our banking mins A, B6, and C, fiber, and potassium, source of vitamin C, vitamin A, vita- system and the various regulators that which are vital to good health and disease min B, and vitamin B1. Additionally, work in this area, consumers may not prevention; many other beneficial minerals are

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.039 H29APPT1 smartinez on PROD1PC64 with HOUSE H2822 CONGRESSIONAL RECORD — HOUSE April 29, 2008 contained in watermelon and are Marc Grossman, spokesman for the United [From the Texas RioGrande Legal Aid Press shown to help prevent cancer, heart Farm Workers of America, says inmate labor Center, Mar. 26, 2008] disease, high blood pressure, and a host undermines what unionized farm workers FARMWORKERS REACH SETTLEMENT IN of other serious diseases. Furthermore, have wanted for years: to be paid based on LAWSUIT AGAINST WATERMELON GROWER skill and experience. ‘‘It’s rather insulting the antioxidant lycopene, found only in EAGLE PASS, TX.—Twenty two Texas farm- that the state [Arizona] would look so poorly workers have reached a settlement with a few red plant foods, has been shown on farm workers that they would attempt to to reduce the risk of certain cancers. three Rio Grande Valley companies over a use inmates,’’ Grossman says. There is also lawsuit regarding the importation of more Because watermelon is such a nutri- the food-safety aspect, he says: Experienced than 400 foreign guestworkers into the tious, heart-healthy food, the Amer- workers understand sanitary harvesting. United States between 2001 and 2007. ican Heart Association has qualified ‘‘Agriculture does not have a reliable Represented by Texas RioGrande Legal Aid watermelon for the well-known ‘‘Heart- workforce, and the answer does not lie with (TRLA), the leading provider of legal aid in Check Mark.’’ prison labor,’’ says Paul Simonds of the Texas, the workers claimed that Nowell Bor- The great joy of eating a slice of wa- Western Growers Association, a trade asso- ders, L.P., Hargill Harvesting & Packing, termelon on a hot summer day lives in ciation representing California and Arizona. Inc., Mata Trucking Company, and Martinez the memories of almost all Americans. ‘‘This just underscores the need for legisla- Packing Company, upon advice of counsel, For these nutritious and delicious rea- tion to be passed to provide a legal, stable misused the U.S. visa program to hire for- workforce.’’ A prison lockdown would be dis- eign labor and avoid providing housing, sons, I express my support to a Na- astrous, he points out, with perishable crops transportation, and meals to workers. The tional Watermelon Month that will awaiting harvest. Other crops, like aspar- companies applied for guestworker visas provide the watermelon industry many agus and broccoli, require skilled workers. using the H-2B program instead of the H-2A opportunities to market their product Although the ADC is considering innova- program which would have required the re- and to educate the public about the tive solutions—including satellite prisons— cruitment of domestic workers at higher health benefits associated with con- to fulfill companies’ requests for inmate wages. suming watermelon through various labor, prison officials agree that, in the end, ‘‘This settlement signifies a commitment related programs. the demand is too high. ‘‘To go into a state on behalf of all four companies to engage in where agriculture is worth $9.2 billion and fair employment practices and respect the Mr. Speaker, I reserve the balance of rights of American farmworkers,’’ said my time. expect to meet a workforce need is impossible,’’ says Katie Decker, spokeswoman for TRLA attorney Javier Riojas. The settle- b 1545 ADC. At any given time only about 3,300 ment also creates a mechanism for resolving prisoners statewide (out of a prison popu- future disputes without resorting to litiga- Mr. KUCINICH. Mr. Speaker, I want tion. to thank my colleague for her expres- lation of about 37,000) are cleared to work outside. John Flanigan, Executive Vice President sion of support for the resolution. I am for Hargill Harvesting and Packing, Inc., also going to support the resolution. I ACI provides inmates to nine private agri- states he was pleased with the agreement just want to add one note of observa- culture companies in Arizona, ranging from that was reached and enjoyed working with tion so that all those who are enjoying a hydroponics greenhouse tomato plant to a TRLA to resolve the dispute. green chile cannery. Unlike other sectors watermelons in this country also keep The companies compensated the workers where federal regulations require that infor more than $60,000 in wages and agreed to in mind the people who do the work, mate workers be paid a prevailing wage and modify their employment practices so that who pick those watermelons. It is hard receive worker compensation, agriculture U.S. workers are hired first and receive equal work. companies can hire state inmates on a con- pay and benefits compared to foreign work- Today we have other bills under sus- tract basis. They must be paid a minimum of ers. The companies also agreed to use the H- pension that will give us a chance to $2 per hour. Thirty percent of their wages go 2A guestworker program that provides more celebrate the work of laborers. I think to room and board in prison. The rest goes to benefits and protections for workers than that it is important that we are grate- court-ordered restitution for victims, any the H-2B program. ful for those who pick the water- child support, and a mandatory savings ac- Originally filed in October 2007, the lawsuit count. Private companies are required to pay melons, and we have to recognize in also targeted the Department of Labor (DOL) for transportation from the prison to the for its failure to enforce the regulations on this market where there are increasing worksite and for prison guards. the guestworker program. The case against restrictions on migrant workers, mak- For Reyna, his work on farms over the past DOL is not part of the settlement and is still ing it very difficult for farmers to get couple of years has added $9,000 in his sav- ongoing. See Riojas, et al v. Chao, DR–07– the kind of labor that they used to get. ings account and given him a renewed re- CA–058, W.D. Tex., filed Oct. 9, 2007. We are also seeing that many farmers spect for his Mexican father’s lifetime of ‘‘The law guarantees that U.S. workers are beginning to turn to prison labor. stoop labor. have certain protections over foreign labor. This should be a concern to us, all of us The Department of Labor looked the other At Dixon’s farm, it’s 103 degrees F. The in- way in this situation and the federal govern- who want to make sure that all of mate crews, wearing orange jumpsuits, work ment, of all entities, should be looking out those people out of jobs right now in in a rhythmic line, calling out the number of for U.S. workers the most,’’ added TRLA at- this country who would like to work on the watermelons, and alongside the trailer. torney and Equal Justice Works Fellow Jake farms would have the chance to get Just a few yards away, Mexican workers also Wedemeyer. that work. work in a line. The inmates will quit at 4 Established in 1970, Texas RioGrande Legal There is an article from the Christian p.m., while the immigrant laborers may Aid, Inc. (TRLA) is a nonprofit organization work 13-hour days. ‘‘We go back, they stay that provides free civil legal services to low- Science Monitor that refers to this out there,’’ Reyna says. ‘‘It really isn’t the problem. I would like to include that in income and disadvantaged clients in a 68- same.’’ country service area. TRLA’s mission is to the RECORD. There also is an article In the farm’s office, watermelons line the promote the dignity, self-sufficiency, safety about a settlement that was reached counter, and photos of migrant workers hang and stability of low-income Texas residents with workers regarding the attempt by in dusty frames. When asked why he doesn’t by providing high-quality legal assistance a major agricultural company to cir- sell the farm, Dixon says, ‘‘the inmates, the and related educational services. cumvent Department of Labor rules migrants, these people are part of the fam- If we keep in mind there are 4.2 bil- and also circumvent the H–2A program ily—that’s why I keep this darn place.’’ lion pounds of watermelons grown in that resulted actually in a settlement Dixon says he supports the idea of a re- this country annually, we understand of a very prominent lawsuit about a formed, guest-worker program that would that this is a very important business. month ago. I would like to include that employ migrant workers during the harvest It is also, as my friend Representative and return them to Mexico in the winter. article from the Texas Rio Grande FOXX points out, a matter that relates Legal Aid. But until that happens, he’s willing to fight for the workers he’s shared the land with for to nutrition and health; and let’s face [From the Christian Science Monitor, Aug. most of his life. it, enjoyment. People love watermelon. 22, 2007] While enjoying it, we need to keep in U.S. FARMERS USING PRISON LABOR ‘‘People are crossing the border because they are starving to death,’’ Dixon says, ‘‘I mind the people who are doing the With tightening restrictions on migrant don’t care what their status is. If they are work raising this tremendous fruit. workers, some farmers are turning to the in- hungry and thirsty, I am going to feed them. Let’s remember those workers and carcerated. For labor-rights activists, federal immi- ‘‘I could sell this and quit,’’ he continues, make sure that they have basic rights. gration reform is the only viable solution to ‘‘But I believe in supporting the American Let’s make sure that they can make a worker shortages. farming industry.’’ living and support their families. Let’s

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.042 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2823 make sure that they live in conditions The Chair recognizes the gentleman Funeral Director and Mortician Rec- that are humane. In that way we can from Ohio. ognition Day. Mr. Speaker, I think it is truly celebrate National Watermelon Mr. KUCINICH. Mr. Speaker, in rec- critical that we recognize the service Month, not only for those consuming ognition of the fact that one of our col- that our Nation’s funeral directors and watermelons, but also those helping to leagues, Representative WILSON who I morticians provide at one of the most grow and harvest those watermelons. am proud to say is from the State of difficult times in a person’s life. Death Mr. Speaker, I reserve the balance of Ohio, has a family-owned business and is something that affects us all. It sees my time. is a funeral director, I yield him such no boundaries, nor does it discriminate Ms. FOXX. Mr. Speaker, I want to time as he may consume. among social or economic classes. It give thanks to all those who grow and Mr. WILSON of Ohio. Mr. Speaker, I hits us all in different ways, but one produce watermelons and make it pos- rise today in support of House Resolu- thing is for certain: the time imme- sible for all of us to eat them, those tion 892 which I introduced to express diately following the death of a loved who plant, grow, and pick them and get the support for the establishment of one is one of the most trying times for them to markets where we can enjoy the National Funeral Director and anyone. It is during this critical time them. I urge Members to support the Mortician Recognition Day. that funeral directors and morticians passage of H. Res. 578. I introduced this resolution because I from around the country provide our I yield back the balance of my time. know firsthand how funeral directors Nation’s citizens with the support and Mr. KUCINICH. Mr. Speaker, I thank help families through the grieving guidance necessary to make the right the gentlelady and congratulate her on process in a most difficult time. decisions for their beloved ones. her service in the Congress and say Mr. Speaker, I am a fourth genera- This allows for those who are griev- how much I enjoy working with her. tion funeral director in my family, and ing to concentrate on what is most im- Mr. Speaker, I yield back the balance I know very well the profound service portant: supporting family and friends. of my time. that funeral directors provide to their Funeral directors and morticians have The SPEAKER pro tempore. The communities. Funeral directors are on the arduous task of carrying out the question is on the motion offered by call 24 hours a day, 365 days a year. final wishes of the deceased. They are the gentleman from Ohio (Mr. When a family calls a funeral director involved in all details of the process, KUCINICH) that the House suspend the to make arrangements for a recently everything from arranging for pall- rules and agree to the resolution, H. deceased loved one, the funeral direc- bearers to making sure that the cor- Res. 578, as amended. tor must put everything else on hold The question was taken; and (two- rect paperwork is completed to file for and attend to the family’s needs imme- thirds being in the affirmative) the appropriate certificates with the State. diately. They are tasked with demonstrating rules were suspended and the resolu- We all know that the death of a loved the same compassion with every family tion, as amended, was agreed to. one can be emotionally devastating. A motion to reconsider was laid on they meet, as if that family is the most Funeral directors play an essential role the table. important family that the funeral di- in giving families the space they need rector has ever met. f to navigate the grieving process. By It is also important to recognize that NATIONAL FUNERAL DIRECTOR taking care of all of the logistical ar- most funeral homes are small, family- AND MORTICIAN RECOGNITION rangements, funeral directors allow owned and operated facilities. These DAY families to celebrate the life of the re- individuals work long, irregular hours Mr. KUCINICH. Mr. Speaker, I move cently departed and spending time to- and contribute to the economic well- to suspend the rules and agree to the gether as a family. being of communities around our Na- resolution (H. Res. 892) expressing sup- Funeral directors also provide a tion. port for designation of March 11, 2008, major public service by participating Ultimately, Mr. Speaker, I believe as ‘‘National Funeral Director and in planning for pandemic disease and recognizing those in this caring com- Mortician Recognition Day,’’ as other mass casualty events that could munity is long overdue. They are en- amended. happen within their community. Be- trusted with the enormous task of The Clerk read the title of the resolu- cause of their familiarity with the making the last hours you will have tion. physical aspects of death, they provide with the earthly remains of loved ones The text of the resolution is as fol- invaluable technical knowledge and as- as peaceful as possible. lows: sistance to public officials who are re- Mr. Speaker, I ask all Members to H. RES. 892 sponsible for contingency planning. join me in supporting this resolution. Whereas the death of a family member, Mr. Speaker, I am proud to say that I reserve the balance of my time. friend, or loved one is a devastating emo- funeral homes are also economic an- Mr. KUCINICH. Mr. Speaker, I sup- tional event; chors of their community. The funeral port this resolution. I am from Cleve- Whereas the memorialization and celebra- business is often a family business with land, Ohio, and all of us know in any tion of the decedent’s life is the fabric of to- multiple generations serving the com- community we are from, we come into day’s funeral service; munity as funeral directors. Through contact with funeral directors and Whereas the family of the decedent has good economic times and bad, funeral morticians. Funeral directors make it traditionally looked to funeral directors and directors are there to serve their fami- possible for families to be able to find morticians for consolation, strength, and a way to come to grips with a passing. guidance in the planning and implementa- lies with caring compassion and cer- tion of a funeral ceremony; and tainly with strict integrity. Those transitions in life are very im- Whereas March 11, 2008, would be an appro- As a lifelong funeral director, I know portant moments for the survivors be- priate day to designate as ‘‘National Funeral how important this service is to griev- cause we need help in being able to deal Director and Mortician Recognition Day’’ to ing families. This is why I think that it with a situation when we lose a loved pay tribute to these funeral directors and is proper that this Congress recognize one, and funeral directors perform a morticians who, day in and day out, assist the hard work and the sacrifice of very valuable service. our Nation’s families in their times of sad- thousands of funeral directors in this I know as someone who represents ness and grief and help families mourn a the people of Cleveland that when I go death and celebrate a life: Now, therefore, be country by passing this bill. I thank it Chairman WAXMAN for his support in to pay my respects to someone who has Resolved, That the House of Representa- this measure, and I urge the Congress passed, I have the opportunity not only tives supports the designation of a ‘‘National to support it. to meet the families that are grieving Funeral Director and Mortician Recognition Mr. KUCINICH. Mr. Speaker, I re- and comfort them, but also to see the Day’’. serve the balance of my time. work that is being done by those who The SPEAKER pro tempore. Pursu- Ms. FOXX. Mr. Speaker, I yield my- are directing the funeral. It is some- ant to the rule, the gentleman from self such time as I may consume. thing that is easy to lose sight of when Ohio (Mr. KUCINICH) and the gentle- Mr. Speaker, I rise today to urge pas- you are moving into territory that is woman from North Carolina (Ms. FOXX) sage of this resolution expressing sup- laden with grief. But it is also some- each will control 20 minutes. port for the designation of a National thing that is appropriate for us at this

VerDate Aug 31 2005 02:32 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.044 H29APPT1 smartinez on PROD1PC64 with HOUSE H2824 CONGRESSIONAL RECORD — HOUSE April 29, 2008 moment to pay tribute to because ev- (1) defend our freedom and advance United Ohio (Mr. KUCINICH) and the gentle- eryone who is involved in that work States interests around the world; woman from North Carolina (Ms. FOXX) really has to achieve a level of sensi- (2) provide vital strategic support func- each will control 20 minutes. tions to our military and serve in the Na- tivity and compassion and caring so tional Guard and Reserves; The Chair recognizes the gentleman that they can help families deal with (3) fight crime and fires; from Ohio. (4) ensure equal access to secure, efficient, what for many is one of the most seri- b 1600 ous moments of their lives involving and affordable mail service; the passing of a loved one. (5) deliver Social Security and Medicare Mr. KUCINICH. Mr. Speaker, all benefits; those of us who chose to be in elected I want to thank Representative WIL- (6) fight disease and promote better health; SON for his choice of career and his (7) protect the environment and the Na- office realize that we can’t do our jobs family’s commitment to providing that tion’s parks; unless there is a vast array of people kind of compassionate service to peo- (8) enforce laws guaranteeing equal em- who are in every category of employ- ple, and also my colleague, Representa- ployment opportunity and healthy working ment, doing their jobs. And those conditions; tive FOXX, for supporting this bill. workers in many cases, are people who (9) defend and secure critical infrastruc- are public employees. Ms. FOXX. Mr. Speaker, I also thank ture; my colleague from Ohio (Mr. WILSON) (10) help the Nation recover from natural Public employees may be people who for his service, and I urge all Members disasters and terrorist attacks; are working in the streets. They may to support the passage of H. Res. 892. (11) teach and work in our schools and li- be people who pick up the garbage; braries; I yield back the balance of my time. they may be people who are working (12) develop new technologies and explore desk jobs. There are people who per- Mr. KUCINICH. I yield back the bal- the earth, moon, and space to help improve ance of my time. our understanding of how our world changes; form so many different functions. The SPEAKER pro tempore. The (13) improve and secure our transportation At a Federal level, public employees question is on the motion offered by systems; are involved in providing direct service (14) promote economic growth; and the gentleman from Ohio (Mr. to people, whether it’s making sure (15) assist active duty service members and that people get their Social Security KUCINICH) that the House suspend the veterans; rules and agree to the resolution, H. Whereas members of the uniformed serv- checks, their Medicare benefits, mak- Res. 892, as amended. ices and civilian employees at all levels of ing sure that people have the oppor- The question was taken; and (two- government make significant contributions tunity to be able to have access to im- thirds being in the affirmative) the to the general welfare of the United States, portant government services. and are on the front lines in the fight Public service is a worthy profession. rules were suspended and the resolu- against terrorism and in maintaining home- tion, as amended, was agreed to. It’s one that we ought to be encour- land security; aging young people to be involved in. The title was amended so as to read: Whereas public servants work in a profes- ‘‘Resolution expressing support for des- sional manner to build relationships with It’s one that needs to achieve more ap- ignation of a ‘National Funeral Direc- other countries and cultures in order to bet- preciation, not less. In this era where tor and Mortician Recognition Day’’’. ter represent America’s interests and pro- people try to attack government, A motion to reconsider was laid on mote American ideals; they’re actually attacking the people Whereas public servants alert Congress and the table. who do the work of government. We the public to government waste, fraud, need to lift up the position of govern- f abuse, and dangers to public health; ment workers. This resolution of Pub- Whereas the men and women serving in the PUBLIC SERVICE RECOGNITION Armed Forces of the United States, as well lic Service Recognition Week is cer- WEEK as those skilled trade and craft Federal em- tainly one way to do it. And it allows Mr. KUCINICH. Mr. Speaker, I move ployees who provide support to their efforts, us to demonstrate the involvement of to suspend the rules and agree to the are committed to doing their jobs regardless public employees in the daily life sur- resolution (H. Res. 1073) expressing the of the circumstances, and contribute greatly rounding our communities and, in to the security of the Nation and the world; turn, we’re reminded that we live in sense of the House of Representatives Whereas public servants have bravely that public servants should be com- the United States of America, relying fought in armed conflict in defense of this on each other to ensure the stability mended for their dedication and con- Nation and its ideals and deserve the care tinued service to the Nation during and benefits they have earned through their and greatness of our country. Public Service Recognition Week, May honorable service; This is an important moment when 5 through 11, 2008. Whereas government workers have much we can recognize, through this resolu- The Clerk read the title of the resolu- to offer, as demonstrated by their expertise tion, everyone who serves. Each person tion. and innovative ideas, and serve as examples who serves is worthy of respect. There by passing on institutional knowledge to is no level of service which is not wor- The text of the resolution is as fol- train the next generation of public servants; lows: thy of respect. Dr. King pointed that Whereas May 5 through 11, 2008, has been out in some of his speeches when he H. RES. 1073 designated Public Service Recognition Week to honor America’s Federal, State, and local talked about the street sweeper, how Whereas Public Service Recognition Week that street sweeper should sweep provides an opportunity to recognize and government employees; and promote the important contributions of pub- Whereas Public Service Recognition Week streets in a way that would reflect a lic servants and honor the diverse men and is celebrating its 24th anniversary through great virtuoso performance. women who meet the needs of the Nation job fairs, student activities, and agency ex- We need to have that kind of aware- through work at all levels of government; hibits: Now, therefore, be it ness that those who perform the daily Whereas millions of individuals work in Resolved, That the House of Representa- work of government, at a local, county, government service in every city, county, tives— State and Federal level, and also at re- (1) commends public servants for their out- and State across America and in hundreds of gional levels, are people who love their cities abroad; standing contributions to this great Nation during Public Service Recognition Week and country, love their community and Whereas public service is a noble calling ought to be honored. involving a variety of challenging and re- throughout the year; warding professions; (2) salutes government employees for their I reserve the balance of my time. Whereas Federal, State, and local govern- unyielding dedication and spirit for public Ms. FOXX. Mr. Speaker, I yield my- ments are responsive, innovative, and effec- service; self such time as I may consume. tive because of the outstanding work of pub- (3) honors those government employees Mr. Speaker, I’m pleased to rise lic servants; who have given their lives in service to their today in support of H. Res. 1073, hon- country; Whereas the United States of America is a oring the millions of dedicated public great and prosperous Nation, and public (4) calls upon a new generation to consider a career in public service as an honorable employees who serve our Nation. Our service employees contribute significantly to country would have a difficult time that greatness and prosperity; profession; and Whereas the Nation benefits daily from the (5) encourages efforts to promote public functioning without its innovative, knowledge and skills of these highly trained service careers at all levels of government. professional, highly trained public individuals; The SPEAKER pro tempore. Pursu- service employees. At all levels of gov- Whereas public servants— ant to the rule, the gentleman from ernment, you will find hardworking

VerDate Aug 31 2005 04:52 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.047 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2825 staff implementing policies that make As the son of a career foreign service officer plex academia, the policemen and firemen our country prosper and thrive through and a State Department analyst, public serv- who fight crime and fires, the physicians who their contributions. ice—in all its forms—has always been a value fight disease and promote better health, and The expertise and work ethic offered in my family. Whether you’re talking about sol- the military who consistently defend our free- by these individuals sets an honorable diers putting themselves on the line for our na- dom and advance United States interests example for future generations of pub- tion, police and firefighters protecting our com- around the world. Public service employees lic employees, as well as those in the munities, scientists and researchers devel- encompass the fields of public transportation, private sector. oping breakthrough medicines, or teachers waste management, social services, housing, From emergency responders to li- and librarians educating our children, it should electricity and more. These hard workers de- brarians and educators, public servants be clear to all who stop and think about it that serve the care and benefits they have earned span the spectrum of jobs. They keep America simply could not be its best without through their honorable service. our country efficient and safe. Beyond the ongoing courage, intelligence and efforts The Nation benefits daily from the knowl- the tremendous work of civilian em- of its public servants. edge and skills of these highly trained individ- ployees, uniformed service personnel That is why I believe so strongly in the en- uals. The services that these workers provide and the members of our Armed Forces during value of a robust, highly trained and dy- are a necessity to modem life and is under- are those on the front lines in the fight namic civil service—and in pursuing public stood that its universal provision should be to maintain national security. They policies that can recruit and retain that kind of guaranteed. It is imperative that Congress rec- provide vital strategic support for our workforce. For me, that means pay parity for ognizes the magnitude of the worker’s job and Nation’s military, both at home and civil servants, a decent and dignified work- its subsequent effects on environmental integ- abroad. Additionally, their tremendous place across the government, genuinely fair rity, human health and overall quality of life in accomplishments in providing support rules for outsourcing competitions and benefit the United States. to our 50 States, as well as countries packages that will enable more of our best Mr. Speaker, we should continuously honor overseas with natural disaster relief, is and brightest to pursue careers in public serv- our government employees who have given to be commended. ice over otherwise potentially more lucrative their lives in service to this country. The most Once again, I congratulate these em- opportunities in the private sector. It also important reason for Public Service Recogni- ployees who help make up the fabric of means generating a renewed sense of excite- tion Week is the need to celebrate and recog- our country and government for per- ment and respect for public service careers in nize the valuable services that millions of pub- forming the challenging and often- the culture. lic servants provide to the Nation. All too times thankless jobs with honor and Mr. Speaker, towards that end, I believe this often, the contributions made by America’s dedication. I appreciate them for mov- resolution is well-deserved and a terrific place public employees to our democracy are forgot- ing our country forward, as well as to start. I look forward to working more closely ten—not only by our fellow citizens but even maintaining our safety and security. with my colleagues on both sides of the aisle by those of us who serve. Public servants For these reasons, I express my sup- to put the spirit of today’s resolution into action alert Congress and the public to government port of Public Service Recognition as we deliberate policy affecting our public waste, fraud, abuse, and dangers to public Week. servants throughout the rest of the year. health. The Federal, State, and local govern- Mr. Speaker, I reserve the balance of Ms. JACKSON-LEE of Texas. Mr. Speaker, ments are responsive, innovative, and effec- my time. I rise today in strong support of H. Res. 1073, tive because of the exceptional work of public Mr. KUCINICH. I would like to take ‘‘Expressing the sense of the House of Rep- servants, and this involvement should not be this opportunity, before we close the resentatives that public servants should be disregarded. debate, to thank those who are in- commended for their dedication and continued Public service employees playa significant role in the greatness and affluence of the volved in public service in my own service to the Nation during Public Service United States. I humbly commend public serv- community, in Cleveland, Cuyahoga Recognition Week, May 5 through 11, 2008,’’ ants for their outstanding contributions to this County, Ohio. introduced by my distinguished colleague from great Nation during Public Service Recognition Having served in municipal govern- Illinois, Representative DANNY K. DAVIS. This Week and throughout the year for their ment for many years, I understand how important legislation illustrates a nation’s com- unyielding dedication and spirit for public serv- important the daily work of a city is. mitment to recognize the work and fortitude of ice. I strongly urge my colleagues to join me And I know that its people who repair public service and the numerous citizens who in supporting this important legislation, and, in- the streets, who pick up the garbage, are employed in that division. so-doing, giving our public service personnel who make sure that the lights are re- Government workers have much to offer, as the respect and recognition they deserve. paired, who make sure the traffic sig- demonstrated by their expertise and innovative Ms. FOXX. Mr. Speaker, I urge all nals work, who answer calls for fire or ideas, and serve as examples by passing on Members to support the passage of H. police protection, I know that all of institutional knowledge to train the next gen- Res. 1073, and yield back the balance of those individuals love their community eration of public servants. The Public Service my time. and they deserve to be appreciated. Recognition Week encourages a new genera- Mr. KUCINICH. I yield back. Also, on a county level, in Cuyahoga tion to consider a career in public service as The SPEAKER pro tempore. The County, you have many workers who an admirable profession. The week also question is on the motion offered by are unsung for their service as clerks, serves to promote the significant contributions the gentleman from Ohio (Mr. people who work in recording deeds, of public servants and to honor men and KUCINICH) that the House suspend the people who work in collecting taxes, women at all levels of government. rules and agree to the resolution, H. people who work in seeing that welfare During Public Service Recognition Week, Res. 1073. services are given, case workers and Federal, State, county and local public em- The question was taken; and (two- others, they’re all public servants and ployees take part in events such as job fairs, thirds being in the affirmative) the all public employees. This resolution is student activities, and agency exhibits that cel- rules were suspended and the resolu- a fitting way to honor those individ- ebrate the broad variety of services performed tion was agreed to. uals. by employees at all levels of government. A motion to reconsider was laid on And I just wanted to cite specifically Public Service Recognition Week, celebrated the table. Cleveland and Cuyahoga County, be- the first Monday through Sunday in May since f cause, having been involved with that 1985, is a time set aside each year to honor constituency for so long, I understand the diverse men and women who meet the SENSE OF HOUSE ESTABLISHING A the workers who make possible the needs of the Nation through work at the Fed- NATIONAL LETTER CARRIERS work of those various governmental ju- eral, State and local government levels. APPRECIATION DAY risdictions. Throughout the Nation, public employees Mr. KUCINICH. Mr. Speaker, I move At this time I would reserve the bal- use Public Service Recognition Week to edu- to suspend the rules and agree to the ance of my time. cate citizens about the many ways in which resolution (H. Res. 49) expressing the Mr. VAN HOLLEN. Mr. Speaker, I rise in the Federal government serves the people sense of the House of Representatives strong support of H. Res. 1073 and the hard- and how Federal government services make that there should be established a Na- working public servants it so deservedly rec- life better for all of us. Public service employ- tional Letter Carriers Appreciation ognizes today. ees are the educators who instruct us in com- Day.

VerDate Aug 31 2005 04:52 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.050 H29APPT1 smartinez on PROD1PC64 with HOUSE H2826 CONGRESSIONAL RECORD — HOUSE April 29, 2008 The Clerk read the title of the resolu- The emblematic quote, ‘‘Neither volume. They have an extraordinarily tion. snow nor rain nor heat nor gloom of important work to do in providing for The text of the resolution is as fol- night stays these couriers from the communication in this country, in lows: swift completion of their appointed making sure that people here from one H. RES. 49 rounds’’ is emblazoned across the front another in carrying messages that are Whereas the commercial activity and eco- of the Farley Post Office in New York so important to our commerce. nomic vitality of the Nation is significantly City. It is safe to say we all know this The United States Postal Service em- enhanced by the timely and efficient service famous, yet unofficial motto of the ployees, these letter carriers that we’re of letter carriers of the United States Postal United States Postal Service. honoring today, deserve our constant Service; However, we can easily forget how appreciation for the work that they do. Whereas letter carriers of the United much we appreciate and depend on the I’m so glad that this House is involved States Postal Service provide mail delivery dedicated letter carriers of the United in paying attention to the people that service to over 144,000,000 households across do the everyday work of our Nation the Nation; States Postal Service. These tireless Whereas letter carriers of the United public servants ensure that over 144 that aren’t often recognized. States Postal Service deliver more than 43 million households receive more than We who are in these exalted positions tons of mail per year, averaging approxi- 43 tons of mail each year, equal to 44 always need to remember that the mately 2,300 letters, cards, magazines, and percent of the world’s mail volume. work of the government is done in so circulars per carrier a day; Letter carriers, also referred to as many ways, and when somebody, step Whereas letter carriers of the United mailmen or mail carriers, are the pub- by step, moves through his or her ap- States Postal Service delivered approxi- lic face of the U.S. Postal Service. As pointed rounds, every day, out there mately 212,000,000,000 pieces of mail in 2005; delivering the mail, they deserve just Whereas letter carriers of the United the front line, carriers are routinely pressured too move faster, work harder as much respect as those of us who are States Postal Service handle over 44 percent holding high public office. And so it’s of the world’s mail volume, more than any and perform more tasks in a timely other national postal service; and manner. In the most stressful of crafts, with a great deal of appreciation for Whereas the United States Postal Service carriers are watched, timed and in- the letter carriers that I stand in sup- employs over 705,000 career letter carriers spected more than any other employ- port of the bill. and 98,000 noncareer employees, making it ees. I reserve the balance of my time. the 3rd largest employer in the Nation; Now, There are three types of mail carriers Mr. CAMP of Michigan. Mr. Speaker, I rise therefore be it today in support of my bill, House Resolution Resolved, That the House of Representa- in the United States, servicing all areas of this broad Nation. City letter 49, which honors the dedication and contribu- tives supports the goals and ideals of a Na- tions made by letter carriers across the coun- tional Letter Carriers Appreciation Day to carriers, represented by the National Association of Letter Carriers, skill- try. recognize the unique contributions made by Being a representative of one of the largest letter carriers of the United States Postal fully navigate the expansive urban congressional districts land-wise east of the Service to the well-being and prosperity of landscapes, providing efficient service Mississippi, I am well aware of the necessity the Nation. to the millions of Americans living in The SPEAKER pro tempore. Pursu- of timely and efficient postal service. densely populated areas. Most of us rely on letter carriers of the ant to the rule, the gentleman from Rural letter carriers, represented by United States Postal Service to deliver our Ohio (Mr. KUCINICH) and the gentle- the National Rural Letter Carriers’ As- monthly bills, drop off our favorite magazine, woman from North Carolina (Ms. FOXX) sociation, support the diverse territory or ship an important package. each will control 20 minutes. surrounding our cities. With increased Amazingly, letter carriers delivered over 212 The Chair recognizes the gentleman development of rural areas, the Rural billion pieces of mail in 2005. That’s 1.4 million from Ohio. Carrier Craft is the only expanding pieces a day for every Congressional District. Mr. KUCINICH. Mr. Speaker, we’re craft in the Postal Service. Their dedication is accurately reflected in honoring workers today, and it’s appro- The final group of carriers, known as the unofficial USPS motto: ‘‘Neither snow, nor priate, among those workers, that we Highway Contract Route Carriers, rain, nor heat, nor gloom of night stays these single out letter carriers. work expansive routes where popu- couriers from the swift completion of their ap- As a member of the House Committee lation density is less than one cus- pointed rounds.’’ on Oversight and Government Reform, tomer per mile driven. Driving their This bill is a straight-forward resolution that I’m pleased to join my colleagues in own vehicles, these committed carriers expresses the sense of Congress that Amer- support of H. Res. 49, which seeks to travel great distances to ensure timely ica’s letter carriers make a vital contribution to commemorate our Nation’s postal car- delivery. the well-being and economic prosperity of our riers for their dedication and hard Whether they brave bustling urban Nation and calls for a national day of appre- work. jungles, constantly changing suburban ciation to honor their service. By consistently delivering the mail expanses, or broad rural landscapes, It is also important to recognize the con- in a timely and congenial fashion for these men and women brave all condi- tribution that letter carriers make to their com- over hundreds of years, mail carriers tions to provide us with timely and ef- munities through their community service ef- have become an irreplaceable compo- fective mail service. For their efforts, I forts and charitable donations. These contribu- nent, not only to the economy of urge my colleagues to support this res- tions are undoubtedly recognized by the America, but to the culture and liveli- olution. American public as the USPS was voted ‘‘The hood of our country. Mr. Speaker, I reserve the balance of Most Trusted Government Agency’’ earlier this I believe we have a tendency to for- my time. month, for the fourth year in a row. get how important the every day serv- Mr. KUCINICH. Mr. Speaker, I’m My fellow Members, we seem to spend a ice is. Yet, if we were to go 1 day with- hopeful that when this resolution significant amount of time dedicating Post Of- out the United States Postal Service, passes, as I’m sure it will, that the fices; it is about time we honor those that work over 2,300 pieces of mail per carrier United States Postal Service will post within them. I hope you will join me in saluting would go undelivered. a copy of it in every post office in the their efforts. It is our mail carriers who help pre- country so that our letter carriers will Mr. SCOTT of Georgia. Mr. Speaker, I rise serve the concept of universal service be able to see that Members of Con- today to express support for House Resolution that is so integral to the work of the gress appreciate the work that they do. 49, which would establish National Letter Car- United States Postal Service. Day in and day out our letter carriers riers Appreciation Day. I want to thank the I reserve the balance of my time. are there. We rely on them to move the gentleman from Michigan, Mr. CAMP, for so Ms. FOXX. Mr. Speaker, I yield my- commerce of the country. Many of us kindly offering this resolution. self such time as I may consume. are aware that the United States Post- This resolution recognizes the significant Mr. Speaker, I rise today in support al Service is the third largest employer role of American letter carriers, the largest of this resolution expressing the sense in America; that they employ over mail delivery workforce in the world, which that there should be established a Na- 700,000 career letter carriers, and 98,000 make deliveries to over 144 million house- tional Letter Carriers Appreciation noncareer employees; that they move holds in this country. To ensure careful deliv- Day. about 44 percent of the world’s mail ery of our most important letters and cards,

VerDate Aug 31 2005 04:52 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4634 Sfmt 9920 E:\CR\FM\K29AP7.052 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2827 we depend on the exceptional service pro- Oversight and Government Reform, I’m model for those around him, and he did vided by our letter carriers. Most assuredly, pleased to join my colleagues from the just that. the quality of the American mail delivery sys- Commonwealth of Virginia in consider- Those who knew Bradley recall his tem is due to the integrity and superior service ation of H.R. 5631, which names a post- honor and enthusiasm, and in recogni- of these men and women. I want to especially al facility in Charlottesville, Virginia, tion of the unparalleled sacrifice he recognize the diligent work of Georgia’s letter after Corporal Bradley T. Arms, a dis- made for his country, it is fitting that carriers for everything they do for my constitu- tinguished and heroic American serv- we should dedicate this post office to ents in the 13th Congressional District and iceman. his memory. across our State. H.R. 5631 was introduced by Rep- I would like to thank my respected Mr. Speaker, in closing, I offer my whole- resentative GOODE of Virginia on colleague, Mr. GOODE, for introducing hearted support for the passage of this impor- March 13, 2008, and was considered by this important legislation honoring the tant legislation in recognition of the hard work and reported from the Oversight Com- memory of a valiant and courageous of America’s letter carriers. mittee on April 9 by a voice vote. The young man. Ms. FOXX. Mr. Speaker, I urge all measure has the support of the entire Mr. Speaker, I reserve the balance of Members to support the passage of H. congressional delegation from Vir- my time. Mr. KUCINICH. Mr. Speaker, I would Res. 49, and yield back the balance of ginia, and provides us with another op- ask that all of our colleagues join us in my time. portunity to pay tribute to a member paying respect, appreciation, and grati- Mr. KUCINICH. Mr. Speaker, I yield of our country’s Armed Forces. tude to the life and the service of Cor- back the balance of my time. A 20-year-old University of Georgia poral Bradley Arms by joining us in ap- The SPEAKER pro tempore. The student from Charlottesville, Virginia, proving this resolution which honors question is on the motion offered by Corporal Bradley T. Arms was assigned his name by naming a United States the gentleman from Ohio (Mr. to the 4th Combat Engineer Battalion, post office facility after him in rec- KUCINICH) that the House suspend the 4th Marine Division, Marine Corps Re- ognition of his sacrifice. rules and agree to the resolution, H. serve, out of Baltimore, Maryland. I reserve the balance of my time. Res. 49. b 1615 Ms. FOXX. Mr. Speaker, I thank my The question was taken; and (two- Corporal Arms left college the sum- colleague from Ohio for his eloquent thirds being in the affirmative) the words, and I, too, urge all Members to rules were suspended and the resolu- mer before his junior year to enlist in the United States Marine Corps where support the passage of H.R. 5631. tion was agreed to. I yield back the balance of my time. A motion to reconsider was laid on he would later serve a tour of duty in Mr. KUCINICH. Mr. Speaker, I thank the table. Iraq until his tragic death on Novem- the gentlelady from North Carolina. ber 19, 2004. Corporal Arms was killed f Mr. GOODE. Mr. Speaker, I rise today in in action in the Anbar province of Iraq. support of H.R. 5631, a bill I introduced to CORPORAL BRADLEY T. ARMS Mr. Speaker, let’s remember and pay POST OFFICE BUILDING designate the Charlottesville Post Office as tribute to the ultimate sacrifice made the ‘‘Corporal Bradley Arms Post Office Build- Mr. KUCINICH. Mr. Speaker, I move by Corporal Arms and pass H.R. 5631. ing’’ in honor of a young man from the 5th to suspend the rules and pass the bill I reserve the balance of my time. District of Virginia who made the ultimate sac- (H.R. 5631) to designate the facility of Ms. FOXX. Mr. Speaker, I yield my- rifice in defending the United States of Amer- the United States Postal Service lo- self such time as I may consume. ica. cated at 1155 Seminole Trail in Char- Mr. Speaker, I rise today in support Marine Corporal Bradley Arms died in com- lottesville, Virginia, as the ‘‘Corporal of this bill to designate the post office bat at the age of 20 in the Anbar Province of Bradley T. Arms Post Office Building’’. located at 1155 Seminole Trail in Char- Iraq on November 19, 2004 in service to his The Clerk read the title of the bill. lottesville, Virginia, as the ‘‘Corporal country. Originally from Charlottesville, Vir- The text of the bill is as follows: Bradley T. Arms Post Office Building.’’ ginia, ‘‘Brad’’ attended the University of Geor- H.R. 5631 On November 19, 2004, Corporal Brad- gia until he was called into service with the Be it enacted by the Senate and House of Rep- ley Arms was killed during small-arms Marine Corps Reserve. resentatives of the United States of America in fire in Anbar province, Iraq. It is only Friends and family described Brad as a Congress assembled, appropriate that we honor this fallen friendly, caring, optimistic, patriotic and pur- SECTION 1. CORPORAL BRADLEY T. ARMS POST hero for the great sacrifice he made for poseful person. The three personal items he OFFICE BUILDING. his country. brought to Iraq appropriately illustrate his per- (a) DESIGNATION.—The facility of the Before becoming a Marine, Bradley United States Postal Service located at 1155 sonality: a Bible, a picture of his family, and a was a student at the University of University of Georgia flag. Brad was also a Seminole Trail in Charlottesville, Virginia, Georgia and a member of the Sigma shall be known and designated as the ‘‘Cor- member of the Sigma Phi Epsilon fraternity at poral Bradley T. Arms Post Office Building’’. Phi Epsilon fraternity. When he left the University of Georgia. Family members re- (b) REFERENCES.—Any reference in a law, Georgia before his junior year to serve called that Brad greatly enjoyed his fraternity map, regulation, document, paper, or other in the 4th Division of the 4th Combat brothers, friends, music, and faith in God. record of the United States to the facility re- Engineer Battalion, it was with cour- While in Iraq, Brad often wrote to friends ferred to in subsection (a) shall be deemed to age and optimism in his heart. He be- and family, displaying his positive attitude to- be a reference to the ‘‘Corporal Bradley T. lieved in what he was fighting for, and ward his mission in the military and dem- Arms Post Office Building’’. he wrote to his brothers of the changes onstrating how proud he was to serve and de- The SPEAKER pro tempore. Pursu- he saw every day. He described his defend his country. He said that his experiences ant to the rule, the gentleman from sire to influence the future of Iraq tell- in the military, ‘‘strengthened his resolve to Ohio (Mr. KUCINICH) and the gentle- ing his friends that, ‘‘as long as we can live the life of a balanced man and lead by ex- woman from North Carolina (Ms. FOXX) keep younger generations open minded, ample.’’ each will control 20 minutes. then we will win this war.’’ Connor Rund, a young man who attends the The Chair recognizes the gentleman His family members, who reside in same high school that Corporal Arms grad- from Ohio. Charlottesville, Virginia, remember uated from, contacted me suggesting that the GENERAL LEAVE Bradley’s kindness and desire to help Charlottesville Post Office be dedicated in Mr. KUCINICH. Mr. Speaker, I ask those who could not help themselves, Brad’s honor. Since then, I have received sev- unanimous consent that all Members one of the factors initially inspiring eral communications from members of the have 5 legislative days in which to re- him to join the military. Charlottesville community in support of this vise and extend their remarks. When speaking to his parents shortly tribute to Brad. The SPEAKER pro tempore. Is there before his death, he told them he was Please join me in honoring the memory of objection to the request of the gen- confident that God had a plan for him this young man who was a great son, friend, tleman from Ohio? and that he was exactly where he was and patriot by supporting H.R. 5631 and re- There was no objection. supposed to be. While he was only 20 naming the Charlottesville Post Office as the Mr. KUCINICH. Mr. Speaker, as a years old, Bradley aspired to live the ‘‘Corporal Bradley T. Arms Post Office Build- member of the House Committee on life of a leader and be a positive role ing.’’

VerDate Aug 31 2005 03:10 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4634 Sfmt 9920 E:\CR\FM\A29AP7.049 H29APPT1 smartinez on PROD1PC64 with HOUSE H2828 CONGRESSIONAL RECORD — HOUSE April 29, 2008 I yield back the balance of my time. REPORT ON RESOLUTION PRO- H. Res. 1079, by the yeas and nays; The SPEAKER pro tempore. The VIDING FOR CONSIDERATION OF H.R. 4332, by the yeas and nays; question is on the motion offered by SENATE AMENDMENT TO H.R. S. 2739, by the yeas and nays. the gentleman from Ohio (Mr. 493, GENETIC INFORMATION NON- The first electronic vote will be con- KUCINICH) that the House suspend the DISCRIMINATION ACT OF 2008 ducted as a 15-minute vote. Remaining rules and pass the bill, H.R. 5631. Ms. SLAUGHTER, from the Com- electronic votes will be conducted as 5- The question was taken; and (two- mittee on Rules, submitted a privi- minute votes. thirds being in the affirmative) the leged report (Rept. No. 110–612) on the f rules were suspended and the bill was resolution (H. Res. 1156) providing for passed. consideration of the Senate amend- FINANCIAL LITERACY MONTH 2008 A motion to reconsider was laid on ment to the bill (H.R. 493) to prohibit The SPEAKER pro tempore. The un- the table. discrimination on the basis of genetic finished business is the vote on the mo- f information with respect to health in- tion to suspend the rules and agree to surance and employment, which was the resolution, H. Res. 1079, on which REQUESTING RETURN OF H.R. 493, referred to the House Calendar and or- the yeas and nays were ordered. GENETIC INFORMATION NON- dered to be printed. The Clerk read the title of the resolu- DISCRIMINATION ACT OF 2008 f tion. The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The fore the House the following privileged REPORT ON RESOLUTION PRO- question is on the motion offered by message from the Senate: VIDING FOR CONSIDERATION OF the gentleman from Texas (Mr. H.R. 5522, COMBUSTIBLE DUST In the Senate of the United States, April HINOJOSA) that the House suspend the 28, 2008. EXPLOSION AND FIRE PREVEN- rules and agree to the resolution, H. Ordered, That the Secretary be directed to TION ACT OF 2008 Res. 1079. request the House of Representatives to re- Ms. SLAUGHTER, from the Com- The vote was taken by electronic de- turn to the Senate the bill (H.R. 493) entitled ‘‘An Act to prohibit discrimination on the mittee on Rules, submitted a privi- vice, and there were—yeas 402, nays 2, basis of genetic information with respect to leged report (Rept. No. 110–613) on the not voting 27, as follows: health insurance and employment.’’, and resolution (H. Res. 1157) providing for [Roll No. 224] that upon the compliance of the request, the consideration of the bill (H.R. 5522) to YEAS—402 Secretary of the Senate be authorized to require the Secretary of Labor to issue Abercrombie Carson Fossella make corrections in the engrossment of the interim and final occupational safety Ackerman Carter Foster aforesaid bill. and health standards regarding worker Aderholt Castle Foxx The SPEAKER pro tempore. Without exposure to combustible dust, and for Akin Castor Frank (MA) Alexander Chabot Franks (AZ) objection, the request of the Senate is other purposes, which was referred to Allen Chandler Frelinghuysen agreed to, and H.R. 493 will be returned the House Calendar and ordered to be Altmire Clarke Gallegly to the Senate. printed. Arcuri Clay Garrett (NJ) There was no objection. Baca Cleaver Gerlach f Bachmann Clyburn Giffords f REMOVAL OF NAME OF MEMBER Bachus Coble Gilchrest Baird Cohen Gillibrand RECESS AS COSPONSOR OF H.R. 5534 Baldwin Cole (OK) Gingrey Mr. BURTON of Indiana. Madam Barrett (SC) Conaway Gohmert The SPEAKER pro tempore. Pursu- Barrow Conyers Gonzalez ant to clause 12(a) of rule I, the Chair Speaker, I ask unanimous consent that Bartlett (MD) Cooper Goode declares the House in recess until ap- my name be removed as a cosponsor of Barton (TX) Costa Goodlatte H.R. 5534. Bean Costello Gordon proximately 6:30 p.m. today. Berkley Courtney Graves Accordingly (at 4 o’clock and 18 min- The SPEAKER pro tempore. Is there Berman Cramer Green, Al utes p.m.), the House stood in recess objection to the request of the gen- Berry Crenshaw Green, Gene until approximately 6:30 p.m. tleman from Indiana? Biggert Crowley Grijalva There was no objection. Bilbray Cubin Hall (NY) f Bilirakis Cuellar Hall (TX) f Bishop (GA) Culberson Hare b 1830 Bishop (NY) Cummings Harman ANNOUNCEMENT OF INTENTION TO Bishop (UT) Davis (AL) Hastings (FL) AFTER RECESS OFFER MOTION TO INSTRUCT Blackburn Davis (CA) Hastings (WA) CONFEREES ON H.R. 2419, FOOD Blumenauer Davis (IL) Hayes The recess having expired, the House AND ENERGY SECURITY ACT OF Boehner Davis (KY) Heller was called to order by the Speaker pro Bonner Davis, David Hensarling 2007 Bono Mack Davis, Lincoln Herger tempore (Ms. MCCOLLUM of Minnesota) Mr. FLAKE. Madam Speaker, under Boozman Davis, Tom Herseth Sandlin at 6 o’clock and 30 minutes p.m. Boren Deal (GA) Hill rule XXII, clause 7(c), I hereby an- Boswell DeFazio Hinchey f nounce my intention to offer a motion Boucher Delahunt Hinojosa to instruct on H.R. 2419. Boustany DeLauro Hirono COMMUNICATION FROM THE Boyd (FL) Dent Hobson CLERK OF THE HOUSE The form of the motion is as follows: Boyda (KS) Diaz-Balart, L. Hodes Mr. Flake moves that the managers on the Brady (PA) Diaz-Balart, M. Hoekstra The SPEAKER pro tempore laid be- part of the House at the conference on the Brady (TX) Dicks Holden fore the House the following commu- disagreeing votes of the two Houses on the Broun (GA) Dingell Holt nication from the Clerk of the House of Senate amendment to the bill H.R. 2419 (an Brown (SC) Donnelly Honda Representatives: Act to provide for the continuation of agri- Brown, Corrine Doolittle Hooley cultural programs through fiscal year 2012) Brown-Waite, Doyle Hoyer APRIL 29, 2008. Ginny Dreier Hunter Hon. NANCY PELOSI be instructed to agree to the provisions con- Buchanan Duncan Inglis (SC) The Speaker, H–232 The Capitol, U.S. House of tained in section 1703(b)(2) of the Senate Burgess Edwards Inslee Representatives, Washington, DC. amendment (relating to a $40,000 limitation Burton (IN) Ehlers Israel DEAR MADAM SPEAKER: Pursuant to the on direct payments). Butterfield Ellison Issa Buyer Ellsworth Jackson (IL) permission granted in Clause 2(h) of Rule II f of the Rules of the U.S. House of Representa- Calvert Emanuel Jackson-Lee ANNOUNCEMENT BY THE SPEAKER Camp (MI) Emerson (TX) tives, the Clerk received the following mes- Campbell (CA) English (PA) Jefferson sage from the Secretary of the Senate on PRO TEMPORE Cannon Eshoo Johnson (GA) April 29, 2008, at 5:51 p.m.: The SPEAKER pro tempore. Pursu- Cantor Etheridge Johnson (IL) That the Senate passed with an amend- ant to clause 8 of rule XX, proceedings Capito Everett Johnson, E. B. ment H.R. 493. Capps Farr Johnson, Sam With best wishes, I am will resume on motions to suspend the Capuano Fattah Jones (NC) Sincerely, rules previously postponed. Cardoza Ferguson Jones (OH) Votes will be taken in the following Carnahan Filner Jordan LORRAINE C. MILLER, Carney Fortenberry Kagen Clerk of the House. order:

VerDate Aug 31 2005 04:58 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.058 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2829 Kanjorski Mollohan Scott (VA) Stated for: King (NY) Murphy, Patrick Sestak Keller Moore (KS) Sensenbrenner Kingston Murphy, Tim Shadegg Kennedy Moore (WI) Serrano Mr. BRALEY of Iowa. Mr. Speaker, on roll- Kirk Murtha Shays Kildee Moran (KS) Sessions call No. 224, I was unavoidably detained. Had Klein (FL) Musgrave Shea-Porter Kilpatrick Moran (VA) Sestak I been present, I would have voted ‘‘yea.’’ Kline (MN) Myrick Sherman Kind Murphy (CT) Shadegg Knollenberg Nadler Shimkus King (IA) Murphy, Patrick Shays f Kucinich Napolitano Shuster King (NY) Murphy, Tim Shea-Porter Kuhl (NY) Neugebauer Simpson Kingston Murtha Sherman FINANCIAL CONSUMER HOTLINE LaHood Nunes Sires Kirk Musgrave Shimkus Lamborn Oberstar Skelton Klein (FL) Myrick Shuster ACT OF 2007 Lampson Obey Slaughter Kline (MN) Nadler Simpson The SPEAKER pro tempore. The un- Langevin Olver Smith (NE) Knollenberg Napolitano Sires Larsen (WA) Ortiz Smith (NJ) Kucinich Neugebauer Skelton finished business is the vote on the mo- Larson (CT) Pallone Smith (TX) Kuhl (NY) Nunes Slaughter tion to suspend the rules and pass the Latham Pastor Smith (WA) LaHood Oberstar Smith (NE) bill, H.R. 4332, on which the yeas and LaTourette Payne Snyder Lamborn Obey Smith (NJ) Latta Pearce Souder Lampson Olver Smith (TX) nays were ordered. Lee Pence Space Langevin Ortiz Smith (WA) The Clerk read the title of the bill. Levin Perlmutter Speier Larsen (WA) Pallone Snyder The SPEAKER pro tempore. The Lewis (CA) Peterson (MN) Spratt Larson (CT) Pastor Souder question is on the motion offered by Lewis (GA) Peterson (PA) Stark Latham Payne Space Lewis (KY) Petri Stearns LaTourette Pearce Speier the gentlewoman from New York (Mrs. Lipinski Pickering Stupak Latta Pence Spratt MALONEY) that the House suspend the LoBiondo Pitts Sullivan Lee Perlmutter Stark rules and pass the bill, H.R. 4332. Loebsack Platts Sutton Levin Peterson (MN) Stearns Lofgren, Zoe Poe Tancredo Lewis (CA) Peterson (PA) Stupak This will be a 5-minute vote. Lowey Pomeroy Tanner Lewis (GA) Petri Sullivan The vote was taken by electronic de- Lucas Porter Tauscher Lewis (KY) Pickering Sutton vice, and there were—yeas 408, nays 1, Lungren, Daniel Price (GA) Terry Linder Pitts Tancredo not voting 22, as follows: E. Price (NC) Thompson (CA) Lipinski Platts Tanner Lynch Pryce (OH) Thompson (MS) LoBiondo Poe Tauscher [Roll No. 225] Mack Putnam Thornberry Loebsack Pomeroy Terry YEAS—408 Mahoney (FL) Radanovich Tiahrt Lofgren, Zoe Porter Thompson (CA) Maloney (NY) Rahall Tiberi Lowey Price (GA) Thompson (MS) Abercrombie Castor Franks (AZ) Manzullo Ramstad Tierney Lucas Price (NC) Thornberry Ackerman Chabot Frelinghuysen Marchant Rangel Towns Lungren, Daniel Pryce (OH) Tiahrt Aderholt Chandler Gallegly Markey Regula Tsongas E. Putnam Tiberi Akin Clarke Garrett (NJ) Marshall Rehberg Turner Lynch Radanovich Tierney Alexander Clay Gerlach Matheson Reichert Udall (CO) Mack Rahall Towns Allen Cleaver Giffords Matsui Renzi Udall (NM) Mahoney (FL) Ramstad Tsongas Altmire Clyburn Gilchrest McCarthy (CA) Reyes Upton Maloney (NY) Rangel Turner Arcuri Coble Gillibrand McCarthy (NY) Reynolds Van Hollen Manzullo Regula Udall (CO) Baca Cohen Gingrey McCaul (TX) Richardson Vela´ zquez Marchant Rehberg Udall (NM) Bachmann Cole (OK) Gohmert McCollum (MN) Rodriguez Visclosky Markey Reichert Upton Bachus Conaway Gonzalez McCotter Rogers (AL) Walberg Marshall Renzi Van Hollen Baird Conyers Goode McDermott Rogers (KY) Walden (OR) Matheson Reyes Vela´ zquez Baldwin Cooper Goodlatte McGovern Rogers (MI) Walsh (NY) Matsui Reynolds Visclosky Barrett (SC) Costa Gordon McHenry Ros-Lehtinen Walz (MN) McCarthy (CA) Richardson Walberg Barrow Costello Graves McHugh Roskam Wamp McCarthy (NY) Rodriguez Walden (OR) Bartlett (MD) Courtney Green, Al McIntyre Ross Wasserman McCaul (TX) Rogers (AL) Walsh (NY) Barton (TX) Cramer Green, Gene McKeon Rothman Schultz McCollum (MN) Rogers (KY) Walz (MN) Bean Crenshaw Grijalva McMorris Roybal-Allard Waters McCotter Rogers (MI) Wamp Becerra Crowley Hall (NY) Rodgers Royce Watson McDermott Ros-Lehtinen Wasserman Berkley Cubin Hall (TX) McNerney Ruppersberger Watt McGovern Roskam Schultz Berman Cuellar Hare McNulty Ryan (OH) Waxman McHenry Ross Waters Berry Culberson Harman Meek (FL) Ryan (WI) Weiner McHugh Rothman Watson Biggert Cummings Hastings (FL) Meeks (NY) Salazar Welch (VT) McIntyre Roybal-Allard Watt Bilbray Davis (AL) Hastings (WA) Melancon Sali Weller McKeon Royce Welch (VT) Bishop (GA) Davis (CA) Hayes Mica Sa´ nchez, Linda Westmoreland McMorris Ruppersberger Weller Bishop (NY) Davis (IL) Heller Michaud T. Wexler Rodgers Ryan (OH) Westmoreland Bishop (UT) Davis (KY) Hensarling Miller (FL) Sanchez, Loretta Whitfield (KY) McNerney Ryan (WI) Wexler Blackburn Davis, David Herger Miller (MI) Sarbanes Wilson (NM) McNulty Salazar Whitfield (KY) Blumenauer Davis, Lincoln Herseth Sandlin Miller (NC) Saxton Wilson (OH) Meek (FL) Sali Wilson (NM) Boehner Deal (GA) Hill Miller, Gary Schakowsky Wilson (SC) Meeks (NY) Sa´ nchez, Linda Wilson (OH) Bonner DeFazio Hinchey Miller, George Schiff Wittman (VA) Melancon T. Wilson (SC) Bono Mack Delahunt Hinojosa Mitchell Schmidt Wolf Mica Sanchez, Loretta Wittman (VA) Boozman DeLauro Hirono Mollohan Schwartz Woolsey Michaud Sarbanes Wolf Boren Dent Hobson Moore (KS) Scott (GA) Wu Miller (FL) Saxton Woolsey Boswell Diaz-Balart, L. Hodes Moore (WI) Scott (VA) Wynn Miller (MI) Schakowsky Wu Boucher Diaz-Balart, M. Hoekstra Moran (KS) Sensenbrenner Yarmuth Miller (NC) Schiff Wynn Boustany Dicks Holden Moran (VA) Serrano Young (AK) Miller, Gary Schmidt Yarmuth Boyd (FL) Dingell Holt Murphy (CT) Sessions Young (FL) Miller, George Schwartz Young (AK) Boyda (KS) Donnelly Honda Mitchell Scott (GA) Young (FL) Brady (PA) Doolittle Hooley NAYS—1 Brady (TX) Doyle Hoyer Paul NAYS—2 Braley (IA) Dreier Hunter Flake Paul Broun (GA) Duncan Inglis (SC) NOT VOTING—22 Brown (SC) Edwards Inslee Andrews Granger Rohrabacher Brown, Corrine Ehlers Israel NOT VOTING—27 Bilirakis Gutierrez Brown-Waite, Ellison Issa Rush Andrews Feeney Pascrell Blunt Higgins Ginny Ellsworth Jackson (IL) Shuler Becerra Forbes Rohrabacher Davis, Tom Hulshof Buchanan Emanuel Jackson-Lee Solis Blunt Granger Rush DeGette Linder Burgess Emerson (TX) Taylor Braley (IA) Gutierrez Shuler Doggett McCrery Burton (IN) Engel Jefferson Weldon (FL) DeGette Higgins Solis Drake Neal (MA) Butterfield English (PA) Johnson (GA) Doggett Hulshof Taylor Forbes Pascrell Buyer Eshoo Johnson (IL) Drake Kaptur Waxman Calvert Etheridge Johnson, E. B. Engel McCrery Weiner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Camp (MI) Everett Johnson, Sam Fallin Neal (MA) Weldon (FL) Campbell (CA) Fallin Jones (NC) The SPEAKER pro tempore (during Cannon Farr Jones (OH) the vote). Members are reminded there b 1858 Cantor Fattah Jordan are 2 minutes remaining in this vote. So (two-thirds being in the affirma- Capito Feeney Kagen Capps Ferguson Kanjorski b 1909 tive) the rules were suspended and the Capuano Filner Kaptur resolution was agreed to. Cardoza Flake Keller So (two-thirds being in the affirma- The result of the vote was announced Carnahan Fortenberry Kennedy tive) the rules were suspended and the as above recorded. Carney Fossella Kildee bill was passed. Carson Foster Kilpatrick A motion to reconsider was laid on Carter Foxx Kind The result of the vote was announced the table. Castle Frank (MA) King (IA) as above recorded.

VerDate Aug 31 2005 03:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.058 H29APPT1 smartinez on PROD1PC64 with HOUSE H2830 CONGRESSIONAL RECORD — HOUSE April 29, 2008 A motion to reconsider was laid on Porter Serrano Udall (CO) The result of the vote was announced the table. Price (NC) Sestak Udall (NM) as above recorded. Pryce (OH) Shays Van Hollen Radanovich Shea-Porter Vela´ zquez A motion to reconsider was laid on f Rahall Sherman Visclosky the table. Ramstad Shuster Walden (OR) f CONSOLIDATED NATURAL Rangel Simpson Walsh (NY) RESOURCES ACT OF 2008 Regula Sires Walz (MN) ANNOUNCEMENT OF INTENTION TO Rehberg Skelton Wamp Reichert Slaughter OFFER MOTION TO INSTRUCT The SPEAKER pro tempore. The un- Wasserman finished business is the vote on the mo- Renzi Smith (NE) CONFEREES ON H.R. 2419, FOOD Reyes Smith (NJ) Schultz tion to suspend the rules and pass the Waters AND ENERGY SECURITY ACT OF Richardson Smith (WA) 2007 Senate bill, S. 2739, on which the yeas Rodriguez Snyder Watson and nays were ordered. Ros-Lehtinen Space Watt Mr. RYAN of Wisconsin. Madam Waxman Ross Speier Speaker, pursuant to clause 7(c) of rule The Clerk read the title of the Senate Rothman Spratt Weiner bill. Roybal-Allard Stark Welch (VT) XXII, I hereby give notice of my inten- The SPEAKER pro tempore. The Ruppersberger Stupak Weller tion to offer a motion to instruct con- question is on the motion offered by Ryan (OH) Sullivan Wexler ferees on H.R. 2419, the Food and En- Salazar Sutton Whitfield (KY) ergy Security Act. the gentleman from West Virginia (Mr. Sali Tanner Wilson (NM) RAHALL) that the House suspend the Sa´ nchez, Linda Tauscher Wilson (OH) The form of the motion is as follows: rules and pass the Senate bill, S. 2739. T. Terry Wittman (VA) Mr. Ryan of Wisconsin moves that the This will be a 5-minute vote. Sanchez, Loretta Thompson (CA) Wolf managers on the part of the House on the Sarbanes Thompson (MS) Woolsey disagreeing votes of the two Houses on the The vote was taken by electronic de- Saxton Tiahrt Wu Senate amendment to the bill H.R. 2419 be Schakowsky Tiberi vice, and there were—yeas 291, nays Wynn Schiff Tierney instructed, within the scope of the con- 117, not voting 23, as follows: Yarmuth Schwartz Towns ference, to use the most recent baseline esti- [Roll No. 226] Scott (GA) Tsongas Young (AK) mates supplied by the Congressional Budget Young (FL) YEAS—291 Scott (VA) Turner Office when evaluating the costs of the provisions of the report. Abercrombie Dicks King (NY) NAYS—117 Ackerman Dingell Kirk Aderholt Fossella Mica f Allen Donnelly Klein (FL) Akin Foxx Miller (FL) Altmire Doolittle Knollenberg TRIBUTE TO DON MYERS Alexander Franks (AZ) Miller (MI) Arcuri Doyle Kucinich Bachmann Gallegly Miller, Gary (Mr. SPACE asked and was given per- Baca Edwards Kuhl (NY) Bachus Garrett (NJ) Moran (KS) Baird mission to address the House for 1 Ehlers LaHood Bartlett (MD) Gingrey Baldwin Myrick Ellison Lampson Barton (TX) Goode minute.) Barrett (SC) Neugebauer Ellsworth Langevin Bilbray Goodlatte Mr. SPACE. Madam Speaker, I rise Barrow Nunes Emanuel Larsen (WA) Bishop (UT) Graves Bean Paul today to pay tribute to a great man Emerson Larson (CT) Boehner Hall (TX) Becerra Pearce that worked tirelessly to improve the Engel Latham Bonner Hastings (WA) Berkley Pence English (PA) LaTourette Boozman Hayes way of life of many Ohioans. Berman Peterson (PA) Eshoo Lee Boustany Hensarling Don Myers was an extraordinary Ex- Berry Petri Etheridge Levin Brady (TX) Herger Biggert Pickering ecutive Director of the Ohio Mid-East- Farr Lewis (CA) Broun (GA) Hoekstra Bilirakis Pitts Fattah Lewis (GA) Brown (SC) Hunter ern Governments Association Develop- Bishop (GA) Poe Ferguson Lipinski Burgess Inglis (SC) ment District, a position that is at the Bishop (NY) Price (GA) Filner LoBiondo Burton (IN) Issa Blumenauer Putnam heart of economic development for one Fortenberry Loebsack Buyer Johnson, Sam Bono Mack Reynolds of the most underserved regions of Foster Lofgren, Zoe Camp (MI) Jones (NC) Boren Rogers (AL) Frank (MA) Lowey Campbell (CA) Jordan Ohio. During his tenure, the organiza- Boswell Frelinghuysen Lynch Cannon Keller Rogers (KY) tion helped secure over $600 million in Boucher Gerlach Mahoney (FL) Cantor King (IA) Rogers (MI) Boyd (FL) development and infrastructure im- Giffords Maloney (NY) Carter Kingston Roskam Boyda (KS) Gilchrest Manzullo Chabot Kline (MN) Royce provement for the region. He was the Brady (PA) Gillibrand Markey Coble Lamborn Ryan (WI) embodiment of the meaning of ‘‘com- Braley (IA) Gohmert Marshall Cole (OK) Latta Schmidt Brown, Corrine munity.’’ Gonzalez Matheson Conaway Lewis (KY) Sensenbrenner Brown-Waite, I knew Don Myers well. He was a Gordon Matsui Crenshaw Lucas Sessions Ginny Green, Al McCarthy (NY) Cubin Lungren, Daniel Shadegg kind gentleman who carried himself Buchanan Green, Gene McCollum (MN) Culberson E. Shimkus with a great degree of grace, and he Butterfield Grijalva McDermott Davis (KY) Mack Smith (TX) Calvert will be missed very much by the people Hall (NY) McGovern Davis, David Marchant Souder Capito Hare McHugh Deal (GA) McCarthy (CA) Stearns in Ohio, his family, his friends and his Capps Harman McIntyre Dreier McCaul (TX) Tancredo neighbors. Capuano Hastings (FL) McNerney Duncan McCotter Thornberry Cardoza f Heller McNulty Everett McHenry Upton Carnahan Herseth Sandlin Meek (FL) Fallin McKeon Walberg Carney HONORING THE CITY OF CORAL Hill Meeks (NY) Feeney McMorris Westmoreland Carson SPRINGS, FLORIDA Hinchey Melancon Flake Rodgers Wilson (SC) Castle Hinojosa Michaud (Mr. KLEIN of Florida asked and was Castor Hirono Miller (NC) NOT VOTING—23 Chandler Hobson Miller, George given permission to address the House Andrews Forbes Pascrell Clarke Hodes Mitchell Blackburn Granger for 1 minute and to revise and extend Clay Holden Mollohan Rohrabacher Blunt Gutierrez his remarks.) Clyburn Holt Moore (WI) Rush Cleaver Higgins Cohen Honda Moran (VA) Shuler Mr. KLEIN of Florida. Madam Speak- Davis, Tom Hulshof Conyers Hooley Murphy (CT) Solis er, I rise today to honor the City of DeGette Linder Cooper Hoyer Murphy, Patrick Taylor Doggett McCrery Coral Springs, Florida, on receiving the Costa Inslee Murphy, Tim Weldon (FL) Drake Moore (KS) Costello Israel Murtha 2007 Malcolm Baldrige National Qual- Courtney Jackson (IL) Musgrave ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ity Award, the Nation’s highest presi- Cramer Jackson-Lee Nadler The SPEAKER pro tempore. There dential honor for excellence and orga- Crowley (TX) Napolitano nizational performance. Cuellar Jefferson Neal (MA) are 2 minutes remaining in this vote. Cummings Johnson (GA) Oberstar In 1993, city management imple- Davis (AL) Johnson (IL) Obey mented a Total Quality Management Davis (CA) Johnson, E. B. Olver b 1918 Program designed to overhaul oper- Davis (IL) Jones (OH) Ortiz Davis, Lincoln Kagen Pallone Ms. MCCOLLUM of Minnesota and ations and service delivery by becom- DeFazio Kanjorski Pastor Mr. TIM MURPHY of Pennsylvania ing more customer-focused and qual- Delahunt Kaptur Payne changed their vote from ‘‘no’’ to ‘‘aye.’’ ity-oriented. Today, Coral Springs was DeLauro Kennedy Perlmutter So (two-thirds being in the affirma- the first city to receive the award. Dent Kildee Peterson (MN) Diaz-Balart, L. Kilpatrick Platts tive) the rules were suspended and the The National Institute of Standards Diaz-Balart, M. Kind Pomeroy Senate bill was passed. and Technology said of the City of

VerDate Aug 31 2005 03:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.065 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2831 Coral Springs that it ‘‘demonstrates a roads. They conducted 200 medical as- woman from California (Ms. WOOLSEY) consistently high level of financial per- sistance missions and delivered 300 is recognized for 5 minutes. formance’’ and that its key strategic tons of food and supplies to the 37,000 Ms. WOOLSEY. Madam Speaker, I advantage is the ‘‘city’s effectiveness Afghans. rise to announce that Representative of running like a business.’’ At this time, we also remember the CHRIS SHAYS of Connecticut and I have The city’s efforts to improve public fallen. Staff Sergeant James D. introduced an important bipartisan bill safety have resulted in the city’s crime Bullard, Sergeant Shawn F. Hill and in the House today that can help bring rate decreasing by nearly half over the Sergeant Edward O. Philpot lost their desperately needed reconciliation to last 10 years, the lowest crime rate in lives during the year-long deployment. the people of Iraq. The bill is called the the State. These patriots gave the ultimate sac- International Partnership for Rec- I rise to congratulate the City of rifice in defense of American families onciliation in Iraq. By the standards of Coral Springs, its citizens and its lead- by defeating terrorists overseas. Our the Federal Government, it is a tiny ership for striving for the best and in- thoughts and prayers are with their outfit. But few government agencies spiring others to do the same. families. have delivered more bang for their f In conclusion, God bless our troops, buck or done so much with so few peo- and we will never forget September the ple. SAVING STARVING CHILDREN 11th. The USIP Institute has an impressive AROUND THE WORLD In addition to the information provided track record of conflict management (Ms. JACKSON-LEE of Texas asked above, the 218th Brigade Combat Team has and peace building in the Balkans, the and was given permission to address had extraordinary success in working along- Philippines, Nigeria, the Sudan, Rwan- the House for 1 minute and to revise side the Afghan forces. During the past win- da and other parts of the world, includ- and extend her remarks.) ter—a time when Taliban forces often re- ing Iraq. Ms. JACKSON-LEE of Texas. Madam group—soldiers from the 218th, along with Af- This bill is vitally important, be- Speaker, I rise today as the Chair of ghan soldiers, stayed in forwarding operating cause, as Ambassador Ryan Crocker the Congressional Children’s Caucus to bases around Afghanistan and took the fight has said, ‘‘reconciliation is perhaps the emphasis the crisis in the lack of food to the Taliban. This action kept the enemy most critical challenge that Iraq faces for those around the world. As we have from gathering strength. right now.’’ Our bill would encourage seen the rising food costs, we in Amer- Due to the commitment and professionalism reconciliation by supporting the work ica are suffering, but the rest of the of the men and women of the 218th, the Af- of a remarkable but unheralded organi- world is in a crisis. ghan army now has a reenlistment rate of 55 zation called the United States Insti- I believe it is imperative as we move percent—more than double the 20 percent a tute of Peace. into our appropriations process that we year ago. The percentage of Afghan soldiers b 1930 emphasis the importance of utilizing ready for duty has gone up from 55 percent to the food stock here in the United 85 percent. Their absent without leave per- The Institute was established by Con- States to provide service and support centage has dropped to eight percent, and gress 24 years ago today. It has 142 em- around the world, and I believe it is they have 29,000 recruits that have completed ployees and a budget of $32 million. It even more important to focus on the basic training. has been successful because it is impact on children. The Afghan police continue to grow in size unique. There is no other organization I will convene a briefing that will and ability. As a sign of success, this winter like it. It is a center and a clearing- draw upon the insight of food advo- the police were able to defend and hold their house for best practices in preventing cates from around the Nation to focus 364 district centers. This is something they and dealing with conflict. Its staff in- on how we can prioritize children in de- have not been able to accomplish since the cludes many of the world’s top experts veloping nations being provided food- beginning of Operation Enduring Freedom in in conflict resolution and stuffs and receiving priority over 2001. peacebuilding. These incredibly dedi- adults, for a malnourished child dies, a I appreciate the above factual information cated experts travel to some of the malnourished child has disease. provided by embedded reporter Chuck world’s most violent places to facili- We are in a crisis. It is time for us to Crumbo from Kabul, Afghanistan, in The State tate reconciliation efforts on the act to save the children. of Columbia, South Carolina, on April 27, ground. f 2008. And the Institute is impartial, it is nonideological. Its only axe to grind is THANK YOU TO THE 218TH f peace. That is why USIP has gained the (Mr. WILSON of South Carolina GENERAL LEAVE respect and trust in all sides in con- asked and was given permission to ad- Ms. WOOLSEY. Madam Speaker, I flict. In fact, you can say the Institute dress the House for 1 minute and to re- ask unanimous consent that all Mem- is one of the world’s top brand names vise and extend his remarks.) bers may have 5 legislative days to re- when it comes to making peace. Mr. WILSON of South Carolina. vise and extend their remarks and in- In Iraq, the Institute has been work- Madam Speaker, soldiers of the 218th clude extraneous material on House ing to inspire reconciliation at the re- Brigade Combat Team of the South Resolution 1073 and House Resolution gional, at the national, and at the com- Carolina Army National Guard, under 49. munity levels. It has been particularly the leadership of Brigadier General Bob The SPEAKER pro tempore. Is there effective in the city of Mahmoudiya, Livingston, are successfully returning objection to the request of the gentle- which has been called the Triangle of to South Carolina. For the past year woman from California? Death. There, it has worked to bring they have been in Afghanistan as part There was no objection. Sunni and Shiite factions together. Its of Task Force Phoenix working to work has been so effective that the f build the Afghan military and police. U.S. Army’s provincial reconstruction As a 28-year veteran of the 218th, I SPECIAL ORDERS teams have asked the Institute to help know firsthand of their competence The SPEAKER pro tempore. Under with reconciliation efforts in other and patriotism. These citizen soldiers the Speaker’s announced policy of Jan- parts of Iraq. Not bad for an organiza- have built one Afghan military bat- uary 18, 2007, and under a previous tion whose annual budget is less than talion to be fully independent with 13 order of the House, the following Mem- what we spend in Iraq every 3 hours. additional battalions to be operational bers will be recognized for 5 minutes There is an excellent article on the by this summer. After overhauling the each. Institute’s work, Madam Speaker, in Afghani police forces to eliminate cor- f the current issue of the National Jour- ruption, the 218th helped build an Af- nal, and I urge all my colleagues to ghan police force of 79,000. BRINGING RECONCILIATION TO read it. Additionally, the 218th provided hu- THE PEOPLE OF IRAQ The bill that Representative SHAYS manitarian relief, including the con- The SPEAKER pro tempore. Under a and I introduced today would provide struction of schools, hospitals and previous order of the House, the gentle- assistance to the Institute to do the

VerDate Aug 31 2005 03:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.069 H29APPT1 smartinez on PROD1PC64 with HOUSE H2832 CONGRESSIONAL RECORD — HOUSE April 29, 2008 following in Iraq: Prevent violent con- to document her physical injuries or The past 7 years have brought hard- flict, promote post-conflict stability gather any forensic evidence of the ship to anyone in Maine with a vehicle and development, increase conflict rape. This evidence is crucial for any to fill up at the gas station, a furnace management capacity, promote toler- prosecution. to feed, or a livelihood dependent on af- ance and forgiveness, and facilitate re- Madam Speaker, rape is a crime that fordable fuel. gional dialogue. tries to destroy the soul of the victim. As you can see in this chart, in Janu- We believe that the Institute’s work And of these 47 women arrested and as- ary 2001 oil traded at $23 to $25 per bar- will also encourage nations from out- saulted, 26 of them later filed com- rel. This week, it topped $120 per bar- side the region to get involved. Rec- plaints with authorities claiming phys- rel. onciliation in Iraq has become some- ical, psychological, and sexual abuse In January 2001, #2 heating oil cost thing like the weather: Everyone here during the arrest and detention. But Maine families and businesses $1.55 a in Washington talks about it, but no since these assaults occurred, none of gallon. This week, it topped $3.85. one can really do anything about it. We the police criminals have been brought In January 2001, regular unleaded just sort of sit around and wait for the to justice. No, not one. And this ought gasoline cost Maine drivers $1.55 a gal- Iraqi government to meet their rec- not to be. lon. According to the AAA, the going Five months after the assaults, a na- onciliation benchmarks. Then, when price in Portland this week is $3.55 a tional human rights commission called they don’t, we make speeches. gallon, and rising. This bill is an opportunity to do for criminal investigations into the as- something about reconciliation by sup- saults, but no investigations have oc- In January 2001, diesel for their rigs porting an organization that knows curred. cost Maine’s independent truckers $1.53 how to get the job done. And this bill In February of 2007, the Supreme per gallon. In Bangor this week, it was we can all get behind, because no mat- Court instructed a special judicial $4.33 per gallon. ter where we stand on the Iraq issue we commission to investigate the crimes These past 7 years, the oil companies all support reconciliation. by the police in the arrest of these 47 have padded their bottom lines at the I am proud to join with Representa- women. expense of the hardworking people of tive SHAYS in asking all of our col- Then, Barbara Mendez and several Maine and across the country. For the leagues in the House on both sides of other victims filed another complaint past 7 years, everyone in Maine has the aisle to cosponsor this critically with federal authorities, but the fed- paid a steep price for the Bush adminis- important bipartisan bill. eral authorities are sitting on these tration’s disastrous energy policy and f cases refusing to move forward. Why for Big Oil’s efforts in Congress to isn’t there any justice for these block legislation to stop energy profit- POLICE GONE WILD—MEXICO women? eering. The SPEAKER pro tempore. Under a Next week marks the second year an- What has the administration done? previous order of the House, the gen- niversary of these assaults, and yet Nothing. And they will do nothing un- tleman from Texas (Mr. POE) is recog- none of these women have seen a court- less the people’s elected representa- nized for 5 minutes. room. Obviously, no justice for these tives push them to action. Mr. POE. Madam Speaker, brutal ac- rape victims. Of the 47 women, two are That is why I have called upon the tions of local and state police are going from Spain, one is from Germany, two Federal Trade Commission, the Com- unpunished; and, as the founder of the are from Chile, and the rest are Mexi- modity Futures Trading Commission, Victims Right Caucus, I bring this seri- can citizens. But none of them received the Federal Energy Regulatory Com- ous matter to the House’s attention. any justice. Basic human rights is ob- mission, the Attorney General of the Two years ago, on May 3 and 4, 2006, viously being denied. U.S., and the Secretary of Energy to there was a lawful protest in support of Madam Speaker, these assaults did launch an immediate investigation of local flower sellers who had been dis- not occur in the United States. They price fixing, manipulation, rampant placed from their business because a occurred in San Salvador Atenco, Mex- speculation, and other unscrupulous new airport was being built. During the ico, just 30 miles outside of Mexico behavior in the petroleum markets. In- protest, law enforcement officers ar- City. appropriate and criminal behavior by rested and detained 47 separate women. This issue is a world human rights oil companies, their subsidiaries, The police officers didn’t read the issue, and this type of abuse cannot be agents, or employees must be pros- women their rights; the women were tolerated and peace officers cannot ecuted and punished to the full extent just arrest arrested, locked up, and enjoy impunity. Police officers are sup- of the law. taken into custody. Then, Madam posed to protect the community and Speaker, the officers beat and sexually These outrageous price increases are keep people safe from harm, not cause a cruel blow for Maine families whose assaulted them. I repeat, they beat and harm to people. And, of course, this in- sexually assaulted the 47 women that incomes are stagnant or shrinking, and cludes Mexican police officers. These whose costs for health insurance, col- were arrested. Obviously, lawmen have officers must be held accountable. become outlaws. lege tuition, and other everyday ex- They need to have their day in court. penses continue to rise faster than in- One of the 47 women was Barbara And, if they are guilty, they need to be Mendez, a 27-year-old student and a flation. Fuel prices are an economic ca- sent off to the jailhouse. tastrophe for Maine farmers, fisher- child advocate. Barbara went to the As we approach Mother’s Day in the men, and other small business people. protest because she heard a child was United States, Madam Speaker, we For some of Maine’s independent killed in the violence between the po- need to proclaim that mothers and truckers, like those I met on the road lice and the protesters. As a child advo- women throughout the world receive in Kennebunk when they were coming cate, Barbara went to show her support the respect and honor due them. That down here, unbridled fuel costs when for the child and her community. But includes justice, because justice is the coupled with a stagnating economy after Barbara arrived at the protest, one thing we should always find, even may very well put them out of busi- the police beat her and arrested her be- in Mexico. cause she was with the protesters and And that’s just the way it is. ness. As independent truckers are staring supposedly blocking a road. Barbara f was placed in a police vehicle and down unemployment, oil companies are forced to take off her clothes. She was RISING FUEL PRICES reaping record profits. However, for then gang raped by the police officers, The SPEAKER pro tempore. Under a one sector of the economy, the last 7 as other officers watched and cheered previous order of the House, the gen- years have been a bonanza. on the rapists. Barbara was then tleman from Maine (Mr. ALLEN) is rec- In 2001, the Big 5 Oil companies post- locked up in jail for 12 days. ognized for 5 minutes. ed combined profits of just over $40 bil- Madam Speaker, this is a case of po- Mr. ALLEN. Madam Speaker, I rise lion. In 2007, their combined profits lice gone wild. to express my disappointment that the topped $123 billion. ExxonMobil’s $41 Jail doctors then examined Barbara, administration has done nothing to billion profit last year was more than but it just so happened that they failed rein in rising fuel prices. all of the Big 5 combined in 2001, and

VerDate Aug 31 2005 03:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.072 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2833 smashed the record for the highest an- think you are going to be dealing with on foreign oil; and it is going to do it nual profit in history for a U.S. com- some smart people. It took all I could through greenhouse, green building, pany. muster up just to graduate from high regulation, geothermal, swimming pool To put that number in perspective, school. I did attend college for 2 years. safety, and light bulbs. ExxonMobil’s profits last year were But I have come up here and I have Now I have a hard time when I go more than we spent on road construc- found out that evidently a lot of people home to the people of the Third Con- tion; they were greater than the in this body don’t understand either gressional District explaining to them amount the VA will spend on health business or the economy or economics that that’s our plan for energy inde- care for our veterans this year. or something, because I keep hearing pendence. And I don’t know if I am the ExxonMobil’s profits were larger than about the majority wanting to bring only one that is having the problem of the entire budget for the Homeland Se- down gas prices, but they want to do it convincing my constituents that this is curity Department in fiscal year 2008. by raising taxes and taxing oil compa- what Congress is doing to lower gas That is profits, not revenues, and those nies. prices. profits come directly from the pockets Now, the gentleman just spoke about Now just another side note here. To- of our constituents who pay the oil getting the President’s help. Well, I night we passed Senate bill 2739, Con- companies’ exorbitant prices. think he has tried to help. I think he solidated Natural Resource Act of 2008, In the House, we passed the Federal has put together some good proposals, but I see my time has expired. Price Gouging Act to give the Federal but they don’t want to do any drilling. f Trade Commission explicit authority On April 24, 2006, Speaker PELOSI put The SPEAKER pro tempore. Under a to investigate and punish those who ar- out a thing, they were trying to get previous order of the House, the gen- tificially inflate the price of energy, es- into the majority, and it said: ‘‘Demo- tleman from Ohio (Mr. SPACE) is recog- pecially those who profit most, those crats have a commonsense plan to help nized for 5 minutes. at the top of the chain. The bill has bring down skyrocketing gas prices.’’ (Mr. SPACE addressed the House. His passed the House, but it has stalled in And at the time, gas was probably $2 a remarks will appear hereafter in the the other body. gallon and, as the gentleman stated a Extensions of Remarks.) It is also time to go after the energy while ago, it is about $3.80 now. Oil was speculators who drive up energy prices probably $60 a barrel, and it is about f through off-market trading. Those $120 a barrel now. But you passed H.R. The SPEAKER pro tempore. Under a trading practices are unseen and un- 6. That was one of the first 100 Hours, previous order of the House, the gen- regulated, but they do great damage. I one of these great proposals, the En- tleman from North Carolina (Mr. support the Close the Enron Loophole ergy Independence and Security Act of JONES) is recognized for 5 minutes. Act, and the Preventing the Unfair Ma- 2007. (Mr. JONES of North Carolina ad- nipulation of Prices Act legislation to Well, we did a little research. In that dressed the House. His remarks will ap- hold oil speculators accountable to the bill, which is over 300 pages, ‘‘crude pear hereafter in the Extensions of Re- same rules that already govern traders oil’’ is mentioned five times. Over 300 marks.) who are trading on regulated markets. pages, ‘‘crude oil’’ is mentioned just f It is time now to roll back the $14 bil- five times. The SPEAKER pro tempore. Under a lion in tax breaks and incentives that b 1945 previous order of the House, the gen- we gave to Big Oil in the 2005 energy tleman from Oregon (Mr. DEFAZIO) is ‘‘Gasoline’’ is mentioned 12 times in bill. It was a disgrace then, and it is an recognized for 5 minutes. over 300 pages. outrage now. I voted against these tax (Mr. DEFAZIO addressed the House. ‘‘Exploratory drilling’’ is mentioned incentives, tax breaks in 2005, and I am His remarks will appear hereafter in twice. pleased that the House under new lead- the Extensions of Remarks.) ership has already voted to role them ‘‘Offshore drilling’’ is mentioned, f back. But in the other body, Big Oil’s none. friends have maneuvered to block a ‘‘Domestic drilling’’ is mentioned, The SPEAKER pro tempore. Under a vote on the rollback bill. none. previous order of the House, the gen- Finally, we need to provide targeted ‘‘Domestic oil’’ is mentioned, none. tleman from Illinois (Mr. WELLER) is relief to the small businesses that de- ‘‘Domestic gas,’’ zero mention. recognized for 5 minutes. pend on fuel, whether they are heating ‘‘Domestic fuel,’’ zero mention. (Mr. WELLER of Illinois addressed buildings or driving trucks. We need ‘‘Domestic petroleum,’’ zero. the House. His remarks will appear more leadership in the House and over ‘‘Gas price’’ or ‘‘gas prices,’’ zero. hereafter in the Extensions of Re- in the other body and with the admin- The word ‘‘commonsense,’’ zero. marks.) What is mentioned is ‘‘greenhouse,’’ istration. f 103 times. f The SPEAKER pro tempore. Under a ‘‘Green building,’’ 101 times. previous order of the House, the gen- The SPEAKER pro tempore. Under a ‘‘Ecosystem,’’ 24 times. previous order of the House, the gentleman from Indiana (Mr. BURTON) is ‘‘Climate change,’’ 18 times. recognized for 5 minutes. tleman from Utah (Mr. BISHOP) is rec- One of their favorite words ‘‘regula- ognized for 5 minutes. (Mr. BURTON of Indiana addressed tion,’’ 98 times. the House. His remarks will appear (Mr. BISHOP of Utah addressed the ‘‘Environmental,’’ 160 times. House. His remarks will appear here- hereafter in the Extensions of Re- ‘‘Geothermal,’’ 94 times. marks.) after in the Extensions of Remarks.) ‘‘Renewable,’’ 333 times. f f The word ‘‘pool’’ because, Madam Speaker, there was the Swimming Pool The SPEAKER pro tempore. Under a ENERGY PRICES Safety Act attached to the Energy previous order of the House, the gen- The SPEAKER pro tempore. Under a Independence and Security Act. Here is tleman from Virginia (Mr. FORBES) is previous order of the House, the gen- the thing I found interesting. The word recognized for 5 minutes. tleman from Georgia (Mr. WESTMORE- ‘‘pool’’ was mentioned 47 times; or nine (Mr. FORBES addressed the House. LAND) is recognized for 5 minutes. times more than crude oil and four His remarks will appear hereafter in Mr. WESTMORELAND. Madam times more than the word ‘‘gasoline.’’ the Extensions of Remarks.) Speaker, I am glad the gentleman who ‘‘Lamp’’ or ‘‘light bulb’’ is mentioned f has just left was talking about the en- 350 times; 350 times they talk about ergy prices, because that is what I lamps or light bulbs. ENERGY AND OUR CONSTITUTION want to talk about, too, the energy So get the picture here. The Demo- The SPEAKER pro tempore. Under prices. cratic plan for lowering gas prices is the Speaker’s announced policy of Jan- I was elected to Congress 4 years ago, not drilling, it is not using domestic uary 18, 2007, the gentleman from New and I came up here and you really production, it is becoming more reliant Jersey (Mr. GARRETT) is recognized for

VerDate Aug 31 2005 03:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.074 H29APPT1 smartinez on PROD1PC64 with HOUSE H2834 CONGRESSIONAL RECORD — HOUSE April 29, 2008 60 minutes as the designee of the mi- and I think the Constitution talks needs to be done with regard to the nority leader. about this somewhere, restricts how fact that our citizens back home, our Mr. GARRETT of New Jersey. residential and commercial property constituents back home are aggrieved Madam Speaker, I come here tonight, owners utilize their private property by the high price of oil, whether it is as we do every month or so, to begin without any notice or warning. the gasoline for your car or for the die- another session of the Constitution It also kicked out and stripped out sel for your truck, or home heating hour. Members of the Congressional some amendments put in by the House fuel if you are in the northern States Constitution Caucus basically use that would have protected the second such as myself. The gentleman from these opportunities to emphasize to amendment, and I believe that may be the other side of the aisle on the ma- our colleagues and people across the in the Constitution, it is talked about jority party would suggest that the an- Nation the necessity of ensuring that somewhere, the second amendment. So swer comes from the Federal Govern- our government is operating under the the right to bear arms and property ment. intent of our Founding Fathers. Spe- rights in these natural heritage areas I would suggest that the answer, as cifically, we look at the 10th amend- were stripped out of this bill. far as the Founding Fathers would be- ment which affirms that the authority What breaks my heart even more is lieve, the answer comes from the pri- over most domestic issues belongs to that the minority party, who has been vate sector, would that the private sec- the States, either directly or through standing up here complaining about tor have a free hand and free rein in their political subdivisions, and to the our energy cost, all we had to get was order to address the problem. people therefore themselves. Actually, about 28 more votes and this bill would But as we stand here right now, 85 the exact wording of it is that all pow- have had to come under regular order percent of our natural resources in this ers not specifically delegated to the where we could have stood on this floor area of energy offshore of this country United States Government is retained in front of the American people, are tied up, locked up, if you will, by the people or the States respec- Madam Speaker, and debated this bill. unobtainable for all of us to use as was tively. But we could not muster 145 votes out intended; 85 percent locked up, unavail- So we come to the floor as we do of the 199 Members that we have in the able for us to be going to get, either oil every month or so to bring this point Republican conference. That’s embar- or natural gas. So we are paying the home, to educate the Members of Con- rassing to me. That is just as hard for price for that. gress, and to have a discussion on the me to understand and to go home and So when the gentleman from Maine constitutional merits of what we are try to explain to my constituents when from the majority party says that the debating here in the week before and I am standing up here night after night administration is at fault here, I had to after. In a little while we will look at arguing about oil and gas prices and sit and scratch my head and try to re- a piece of pending legislation, a sunset the price of energy and what little piti- member who is running this House, and bill, as it were. But before I do that, I ful bit the majority is doing when my which party is running the Senate as would like to yield to the gentleman party won’t support doing something well. And of course we know the an- from Georgia (Mr. WESTMORELAND). to make some real change in what we swer, it is the Democrat Party. Mr. WESTMORELAND. Thank you, are paying at the pump. This is not a partisan issue I’m rais- Mr. GARRETT. This has something to do Mr. GARRETT, I want to thank you ing here. I think everyone from this with the Constitution, something to do for doing this special order on the Con- side of the aisle would like to extend a with what the intent of our Founding stitution, and I hope that you will hand to the other side of the aisle to Fathers was. I don’t think that they bring up the private property rights, try to work together and come to a res- had in mind Senate bill 2739 which just the second amendment, the fact that olution on this issue. passed the House with 117 dissenting we can pass legislation $380 million But if the way that they take is to votes and they must have had right at worth, 61 different bills rolled into one point blame and blame the President 300 who voted for it. It was an omnibus under suspension with 20 minutes of de- and the Bush administration and the bill that included 61 distinct pieces of bate. like, that’s not going to bring us to legislation, 61, at a cost of $380 million. Like I said, Madam Speaker, I know closure. That is not going to bring us Sixty-one bills rolled into one, $380 that makes America proud. to a solution satisfactory to the Amer- million, 20 minutes debate, voted under Mr. GARRETT of New Jersey. I ican public. suspension. thank the gentleman for raising these 2000 That has got to make Americans points. He takes the lead from the gen- b proud, Madam Speaker. It has got to tleman from Maine from the other side We need to work together on this. make our Founding Fathers roll over of the aisle who had just previously Likewise, we are not going to get to in their graves. done 5 minutes talking about the en- that solution if all we have is empty But the part that really bothered me ergy situation. Let me follow up along promises. I remember all too well a lit- the most, because I talked earlier those lines before we talk about the tle over 2 years ago, in the 2006 elec- about the price of gas and what the sunset bill we want to talk about to- tions, when the, then they were the mi- majority party’s commonsense plan to night. nority party, but the Democrat Party lower those gas prices was. And I look I agree with the gentleman from was saying that they had the solution. at this bill, Senate bill 2739 perma- Georgia that our Founding Fathers They had the answer to the oil problem nently blocks exploration for natural would be rolling their eyes and turning and the oil crisis and the price of gas at energy resources on millions of acres of over to the proverbial grave if they the pump, and if they were elected, Federal land at a time when this coun- were ever to look to see the size and they said, and they were put into the try and our entire economy is suffering scope and depth of regulation of the majority power, they would be able to as a result of these record high energy Federal Government, a far cry from give us that solution and that plan and prices. But yet we permanently block what the Founders ever intended as the bring us to a better day. exploration of natural gas. appropriate role of government in peo- And if you think back to where it Also, you know, we only own 670 mil- ple’s lives. was and what they were saying was so lion acres. You know, Congressman They did, as the gentleman from terrible at that time, well, gas at that GARRETT, I don’t know what the Georgia said, put a significant weight time was like $1.90 or something like Founding Fathers had in mind with the and value to that of private property that. It was just approaching, it hadn’t Constitution, but I think if they had rights, and they did believe that pri- quite gone over $2 a gallon at the really figured that the Federal Govern- vate property was just that, something pump. But they said elect them and ment would own 670 million acres, they to be held by the private citizen and they’d have a solution. may have put that in there somewhere. not by the government, whether it is Well, here it is in April, 16 months One thing they did put in the Con- the State or Federal, but specifically after they’ve been in office, and we are stitution was about private property here on the Federal level. still waiting for that solution. We are rights. The natural heritage area des- The gentleman from Maine was mak- still waiting for that answer to come ignations included in this bill restrict, ing the observation that something down the road, to be handed to us so

VerDate Aug 31 2005 03:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.084 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2835 that we can all get behind it in a bipar- conduct the first manned mission of a Furthermore, these rockets will re- tisan manner and answer that the chal- new vehicle for astronauts by 2014; and assert our leadership in exploration of lenge that the American public gave to Number 3, to return a man to the moon space for decades to come, a leadership us, how can we solve this problem. Be- by 2020. that is currently being challenged by cause the American public, I think, Now, these goals won bipartisan ap- other countries. would be more akin and in tune with proval by Congress in the 2005 NASA NASA’s space exploration vision is what the founders would say. Authorization Act, and we gave clear vital to this Nation’s continued global The American public would say, to directions to NASA to administer this leadership in space and technology. It solve this problem you must release act. In it, the administrator was di- will inspire a new generation to be- the abilities and the entrepreneurial rected to develop a human presence on come physicists, chemists, geologists, spirit and the great ideas of the busi- the moon, promote exploration, science mathematicians who will pursue ca- ness person and the landowner and the and commerce, United States presence reers in fields critical to our continued private property owner and those who in space, and to create a stepping stone economic wellbeing and world leader- own renewable and other energy to future exploration of mars and other ship. sources to be able to develop those and destinations. Now, we often bemoan the lack of in- allow them to come into the market- It further codified more specific re- terest in science and math, and dream place. quirements to use personnel and assets up all sorts of incentives here in Con- But that is not happening yet, so of the current space shuttle program in gress that will fail because kids really long as the other side of the aisle re- developing a new crew vehicle and two don’t want a Federal bribe. They want fuses to give us whatever their solution new launch vehicles. to be challenged and inspired. And just or their plan is that they told us about Now, after the old space shuttle, the like the space race of the 1950s and the some time ago, nor is that about to original one here has fulfilled its mis- 1960s motivated a whole generation of come about so long as the other side of sion to complete the international students to pursue education in science the aisle simply comes to the floor and space station, it will retire in the year and technology, NASA’s new explo- casts aspersion on the Bush adminis- 2010 and, by law, must be replaced no ration plans can inspire a sense of ad- tration or whoever’s in the White later than 2014 by a new vehicle, this venture and pride in today’s kids. House at the time and says it’s all one at the top, which is called Orion, The Mercury, Gemini and Apollo pro- somebody else’s fault, rather than real- which will take humans to the space grams provided this kind of dramatic ly grappling with the issue and trying station, to the moon, to Mars and to motivation from grade school to col- to come to a solution to it. beyond. lege graduates. So within a few years This vision is a bulwark of our Na- There are solutions to it. There are we were turning out growing numbers tion’s space future for the decades to free market principles. They are prin- of highly skilled engineers and sci- come. You see, the space shuttle will ciples that our founding fathers would entists as America’s space program of- have been in service for 30 years by the have enjoyed and appreciated and ap- fered challenging jobs in pursuit of time it’s retired, and we can expect as plauded as they crafted the U.S. Con- landing humans on the moon. stitution, and that’s what we should be much or more from these new systems. It is not coincidentally, a coinci- NASA Administrator, Michael Grif- embracing today, so that we can go dence at all that scientific and engi- fin, has translated these objectives into home to our constituents, so the gen- neering expertise lost its momentum a coherent program for further explo- tleman from Georgia, who said he’s immediately after the successful Apol- somewhat embarrassed to go back to ration in the solar systems. Its name is Project Constellation, and it will in- lo program was prematurely ended and his constituents and say this is what is our space commitment was de-empha- happening now in Congress as Congress clude Orion, and be powered by the most effective, reliable and safe launch sized. With no greater challenges in fails to deliver on its promises. human space flight on the horizon, the We should be able to deliver, if not on vehicles to carry our crew into orbit or historic excitement to earn science and our promises, then on the promises on lift supplies needed for space explo- engineering degrees simply withered. the other side of the aisle and to ad- ration; and those two new rockets will Improving the quality of education is dress this solution in a bipartisan man- be called Ares I and Ares V. as simple as firing the imagination of a ner and get the job done in the manner Now, Orion will give the United child. The dream of working on the that their founders would have in- States the best capability to transport moon, traveling to Mars, exploring the tended. astronauts to destinations outside of Now, I believe that the gentleman the Earth’s orbit and, at the same other planets will spark that drive. An inspirational vision such as space ex- from Utah (Mr. BISHOP) had another time, serve the international space sta- point on a different issue. The gen- tion. The development of the Ares I ploration can provide that necessary tleman, I am pleased, has just joined rocket will boost Orion into orbit, and spark. We need that inspiration, not us, from Utah. And before we get to the it has made tremendous progress. In only to compete in space, but to con- topic that we came here tonight, which fact, the first unmanned prototype test tinue to compete successfully here on was to discuss the issue of the Brady launch of Ares I is in April of this year. earth. Without this motivation, it sim- bill, which is the bill dealing with the Ares I is at least a factor of 10 times ply won’t happen. Sunset Commission and how the Con- safer, and will lift crews into space at While JFK’s challenge was to send a stitution ties into that topic and why a cost significantly lower than the cur- man to the moon and return him safely the founding fathers would applaud the rent space shuttle. In fact, Ares I will to the earth, and that was indeed an ideas that Mr. BRADY has given us as be reliable and cost effective enough to historic accomplishment, the most im- far as addressing the over-running gov- be used for commercial purposes, deliv- portant legacy of Apollo is that it in- ernment that we have, the gentleman ering on NASA’s promise to energize spired a generation to do great things. from Utah has joined us, Mr. BISHOP, to space activities in the commercial sec- It’s more important now than ever that fill us in on the issue dealing with tor. we do great things. Space exploration NASA. Ares V will be the largest rocket ever will motivate the next generation to Mr. BISHOP of Utah. Thank you, produced, exceeding even the carrying accomplish feats that we can only Madam Speaker. And I appreciate the capacity of the old Saturn V rocket. imagine today, and will secure Amer- gentleman from New Jersey in yielding Now, the Ares V will only be used to ica’s position as a world leader. a few moments so we can talk about take cargo into space. But the com- The NASA administrator, Michael another issue of significance, I think, bined capabilities of the Ares I and Griffin, put it in the proper perspective right now. Ares V rockets will support the space when he said, ‘‘We go not for gold or It was in the year 2004 that the Presi- station, moon and Mars exploration, silver, but for knowledge and experi- dent outlined our Nation’s vision for large scientific and commercial pay- ence, and for the expansion of tech- space exploration; and he gave three loads and journeys to destinations in nology. And that occurs when we ex- goals: our solar system that Kirk, Pickard, plore. These are the reasons we do Number 1, to complete the inter- Spock and the guy on Reading Rainbow these things, and they are part of what national space station by 2010, 2, to only dreamed of. makes us human.’’

VerDate Aug 31 2005 03:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.085 H29APPT1 smartinez on PROD1PC64 with HOUSE H2836 CONGRESSIONAL RECORD — HOUSE April 29, 2008 Previous space exploration has the gentleman makes an interesting your phone and pay a telephone tax, brought tangible benefits that have im- point when he says to educate takes kiss your spouse good night and pay a proved our lives in innumerable ways. only to excite the mind and the imagi- marriage penalty tax. When we say space spin-off products, nations and, of course, that is what b 2015 most people think of Tang and maybe happened some 200-plus years ago in Velcro. But we watch the weather re- this country when our founding fathers And on and on and on. Every day the ports on television every night and came to this land and excited the rest of your life. And then when you don’t recognize this would not be pos- imagination that a new form of govern- die, you pay a death tax. No wonder it sible without the space program. Or we ment never conceived by any human in is so hard for families to make ends make a phone call and don’t consider any portion of the world ever before, meet in America these days especially that the connection may be via a com- and that was, we’ve seen today, in the with the prices being what they are. munication satellite. GPS navigation U.S. Constitution. And the only thing worse than how satellites, originally developed for the You know, that document today, for much we spend on taxes, especially military, are now used 95 percent of the a lot of people is just a historical docu- those we send to Washington and Uncle time for civilian application. And ment and nothing more than that. And Sam, is how poorly Washington spends many of these benefits are so taken for to many citizens the Federal Govern- our hard-earned dollars. I am con- granted that we now consider them in- ment is nothing more than a problem vinced, Madam Speaker, that we make tangible benefits. solving institution of government. horrible use of the dollars our tax- There are many tangible benefits However, the founding fathers dele- payers give us. And I’m convinced that from the space program. The 2007 gated only a few specific powers to us if Congress in Washington were a man- ‘‘Space Report’’ estimated that last here in Washington, to the House and ufacturing plant, we would manufac- year’s impact on the economy from the Senate and the White House, few ture spending. That’s what we were de- space was $220 billion, with 60 percent specific powers, and they are in numer- signed to do. If we want our govern- of that figure coming from commercial ated in the Constitution. The remain- ment to manufacture savings and effi- goods and services, not NASA nor the ing political powers were reserved for ciency, we need to retool the plant. We Pentagon. In fact, a common the States and the local governments need to change the way Washington misperception about space is that this and the people specifically. works. money is spent in space, when in re- So tonight, I’m joined by my col- I have a proposal that does that. This ality, these funds are spent right here leagues, Mr. BISHOP who will speak is a bill that I introduced as a fresh- on earth in the most high tech jobs in again in a few moments, and Mr. man bipartisan Member with my good the world. BRADY from Texas who’ll try to focus friend, Congressman Jim Turner from Another common misconception is on one aspect of trying to revert the Texas. Well, we came in together as the size of NASA’s budget. Opinion sur- government to what the founders in- freshmen. It is the Federal Sunset Act. veys will show that Americans think tended in the first place by focusing on And what it does is its goal is to abol- NASA’s budget is 10 to 20 percent of the inefficiencies and the waste that ish obsolete agencies and eliminate du- Federal spending. In reality, NASA’s occurs when the Federal Government plications within programs because we budget is .6 percent of the Federal oversteps its bounds that were set forth know we don’t spend money wisely. budget. The returns on this investment in the Constitution. What the commission does is, bipar- are priceless. And we come here not simply to com- tisan, made up equally of Republicans The President, Congress and NASA plain about the situation. No, and and Democrats, mostly legislators, but got it right 3 years ago. A clear space that’s why I’m pleased that I’m joined it also includes four members ap- exploration strategy now exists in the by Mr. BRADY, because Mr. BRADY pointed from the public, and basically form of the Constellation program comes here with a solution to the prob- what it does is it places an expiration being executed by a team led by an Ad- lem as well, and he does so in the form date on every Federal agency and pro- ministrator Michael Griffin, who clear- of the Federal Sunset Act, which would gram where they have to justify their ly understands not only the technical help our country, in essence, return to existence or face elimination. issues but, indeed, the delicate balance the limits originally intended by our They have to justify their existence between performance, risk and cost. In founding fathers. not on what they were for created 80 short, Griffin gets it. So with that I yield such time as he years ago or 60 or 40 years ago, but Implementing the space exploration may consume to the gentleman from they answer the question, Do they de- program will not be an easy task, but Texas (Mr. BRADY). serve our precious tax dollars to date? it will be worth the journey. Retiring Mr. BRADY of Texas. I appreciate Ronald Reagan once said, The closest the space shuttle in 2010 and replacing the gentleman from Michigan’s leader- thing to eternal life on Earth is a Fed- it with Orion no later than 2014 is es- ship and keeping the focus of Congress eral program, and he is right. sential. We have to go forward without on the Constitution, what roles we play The other thing, of course, is once delay with this vision as it now stands. of a limited government. created, Federal programs duplicate And let us not hinder and its dedicated I don’t know if you can remember themselves. They clone themselves, it partners from achieving it for all of us. what you were doing last Wednesday, seems like. For example, we have more In 2010 the international space sta- but I do. Last Wednesday is what we than 300 separate different economic tion will be complete and the space call Tax Freedom Day. It’s the first development programs. We have more shuttle program will draw to a close. day of the year that you and I start than 100 separate, different, or separate But the future will belong to Project working for ourselves and our families. job-development programs. We have 64 Constellation. Constellation will give From New Year’s Day up to last different welfare programs. There are us new space vehicles. It will take us to Wednesday, April 23, we were working so many urban aid, inner-city pro- the space station, the moon, onward to just to pay taxes to our State, local grams, different ones, that we could Mars. The names of Orion and Ares will and Federal Government. get in a car once a week and visit one becomes as familiar to the world as If you think about what an overtaxed in a week, and it would take us nearly Mercury, Gemini, Apollo and the space Nation we are, think about your day. 9 years just to see those programs in shuttle have been. You wake up in the morning, grab a that one year. We waste and duplicate Thank you for your patience, Madam shower, you pay the water tax. You too much of America’s hard-earned Speaker. Appreciate the gentleman stop and grab a cup of coffee, you pay money. from New Jersey for giving me these a sales tax. And take your car down to The Sunset Commission has worked few minutes to talk about an essential work, you pay gas taxes. At work you now in over 24 States, so it’s a proven program that we have to push in the pay two taxes, an income tax and a method of cutting wasteful spending. future. And I will yield back as we go payroll tax. You come home at the end In my home State of Texas over the on to the next topic of this discussion. of the day, you open the door, turn on years, it has abolished 54 State agen- Mr. GARRETT of New Jersey. I the light, pay electricity tax, turn on cies, consolidated 12 more, and saved thank the gentleman from Utah. And the television, pay a cable tax, use our taxpayers nearly $1 billion. That’s

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.086 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2837 in one State. I’m convinced it can do that nearly one-quarter are simply not but most of them had replaced them even more in Washington. performing. These agencies account for long ago with tapes and CD’s and MP3 Our government, unfortunately, for nearly $123 billion annually in in- files, and other types of digital media all of the good things it does, is too big creased spending, in duplicative spend- acknowledging that the phonograph and too fast. It needs to go on a diet. ing, in spending that no longer works and vinyl record are outdated and that And the Federal Sunset Commission or helps anyone. And I keep thinking, better technologies are available. isn’t a crash diet. It’s a take-off- what would our families do with $123 In the same vein, most of us gave up pounds-sensibly diet where each party, billion of their own money that they’re typewriters a long time ago for com- who seems to talk about wanting to sending us and we’re wasting? What puters. But there are a few who, for balance a budget, who always wants to could they do for the families? What fear or suspicion, cling to their ancient talk about cutting wasteful spending dreams could they reach? What deci- and inefficient typewriters. Admit- but won’t act to do it, it gives both sions would they make and not rely on parties the responsibility and the abil- government to do that? tedly, the typewriter was a marvelous ity to work together to streamline this I just think that all of this is about tool in its time, but there are simply big, bloated Federal Government so giving more faith in people than it is in better tools available now. that a Tax Freedom Day, whether it is government, and I think that’s what So, Madam Speaker, I want to make April 23 this year or if President Bush’s our Founding Fathers intended this the point that it’s always a shame to tax cuts are to expire, which they great Republic to be. see things that last beyond their use- shouldn’t, we would actually work Mr. GARRETT of New Jersey. I ap- fulness, whether it’s an outdated tech- until May, the fifth month of the year, preciate your hard work on this initia- nology, a once-great athlete eventually until we start working for ourselves. tive so that, as I say, when we go back cut from a team, or even a U.S. sen- It is important that if we want to to our constituents and one of those ator. You like to see things end in have lower taxes, more freedom and bills comes up in the future, and it will their prime and retain their dignity. use taxpayers’ money wisely, we need come up, when it’s laden with addi- to enact a Federal Sunset Commission tional spending, I’m not talking about Madam Speaker, I’m not here to pro- and enact it today. And I think that is earmarks or proverbial pork barrel pose a Commission for Involuntary Re- the constitutional role of this Congress spending, I’m talking about just legis- tirement of Senators. Nor will I sug- is while we may collect the taxes, we lation, that appropriation for dollars gest an investigation into aging ath- have even greater responsibility to going to some other duplicative-type letes who should call it quits. I think limit its use as a government and to programs that you mention out there Mr. WAXMAN could probably do that for make sure they’re used as wisely and that we, you and I and the rest of us us all. I’m here to support Mr. BRADY’s efficiently as possible. who are in agreement on this issue, can idea for a Federal Sunset Commission And with that, again, the gentleman go back to our constituents and say, I to evaluate government agencies and from Michigan has led the effort here voted the right way. I voted to elimi- find those agencies that are outdated among Republicans and among the Re- nate those programs. I voted to and beyond their usefulness. publican Study Committee to better downsize those programs. I voted to You see, in most sectors of American define our Constitution and Congress’ make sure that all we have left stand- life, the free market simply dictates real role. I think these days, that’s ing are those things that the Founders that old products, as great as they may even more important we do that. would agree with and that the pro- have at one time been, are replaced by Mr. GARRETT of New Jersey. I grams and the agencies and the serv- newer, better products. Unfortunately thank the gentleman for taking the ices that the public desires and de- in the government, that process of cre- lead on this issue, not only in this ses- mands and it’s within the confines of ative destruction stops after we create sion of Congress, but in the past ses- the Constitution, and they’re getting it the first version. The old out-of-date sion of Congress as well where I have done in an effective and efficient man- programs or agencies don’t really get been a proud cosponsor of your legisla- ner. replaced. It stays around. Performing, tion because it goes a long ways to, So I appreciate your taking the bold maybe not performing, duplicative what was that phrase that Barry Gold- step to accomplish that, and we’re be- functions and sucking up tax dollars at water used when he came to Wash- hind you on that. Now, if we can get the same time. ington the first time? He said, I did not the support on the other side of the come to Washington to streamline gov- aisle and move this legislation, we will Several years ago, the comptroller, ernment or make it more efficient. I be even further down the field than David Walker, pointed out that the came to Washington to eliminate it. that. USDA, the FDA, and 10 other Federal And that’s what you’re trying to do as We’re joined again by the gentleman agencies administer 35 different food well with the intent of the legislation from Utah to join us in this discussion safety laws; the Department of Home- is define those areas of government on the Constitution and more specifi- land Security, Justice, and HHS ad- that are extra-Constitutional, outside cally, on the Brady bill with regard to minister 16 different grant programs of the bounds of the Constitution, find the sunsetting these wasteful, duplica- for first responders; and USDA and those portions of government that are tive unconstitutional initiatives that HUD both provide assistance for rural wasteful, duplicative and the like and the Federal Government is wanting housing. And I won’t even go into the to basically eliminate those so that the and ripe to continue but for the fact Department of Education; that would Federal Government can appropriately that we have legislation like this. be too easy. focus its attention on those areas that I yield to the gentleman from Utah. Why do we have such a hard time it’s supposed to and then get that job Mr. BISHOP of Utah. I thank the done so that you and I can go back to gentleman from New Jersey for yield- getting rid of old programs? It simply our constituents and say that we are ing some time. I appreciate the gen- has to do with public-choice theory. fulfilling the role of the Constitution tleman from Texas who has introduced Every government agency and pro- and we are doing it in a Constitutional this particular piece of legislation. gram, no matter how outdated, has a manner. Madam Speaker, many of us grew up core constituency who benefit from its I will yield. listening to vinyl records played on existence. Those who are employed at Mr. BRADY of Texas. For 30 years, phonographs, something that my kids the agency or program and those who picking up on what you just said, the have probably never heard, let alone receive benefits have a huge incentive public doesn’t have to take my word seen. But for its day, the phonograph to fight for its continued existence. I for how inefficient we are, even your was an amazing device. It gave beau- understand this attitude. I basically words, Mr. GARRETT, about how ineffi- tiful music, or maybe not so beautiful did the same thing as a teacher. I was cient it is. music, into our homes; it brought great not content, as many of the old-guard Recently, the Office of Management orchestras and bands to those who teachers were, to simply teach the and Budget assessed over a thousand would have never heard them other- same lesson year after year. So I and Federal agencies. They determined wise. And a few people still use them, other innovative staff members started

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.087 H29APPT1 smartinez on PROD1PC64 with HOUSE H2838 CONGRESSIONAL RECORD — HOUSE April 29, 2008 new programs like the Historical Soci- will make it easier to get rid of out- We put this issue of a Federal sunset ety, the Renaissance Festival, a schol- dated or low-performing or duplicative bill on a national poll some years ago, arship program, an oral history pro- or wasteful government agencies and we wanted to know how America felt gram, and Close-Up, an internship pro- programs, and I commend him for re- about it. Seventy-seven percent of gram at our State capitol. Now, fortu- introducing this bill. Americans across every region believed nately, most of these program enhance- b 2030 we need a Federal sunset act and we ments cost the school very little should hold agencies accountable to money except my time, but I did it be- It is something this government has the taxpayers. And I believe that done cause I always wanted to have a bigger to have to put some balance and ra- wisely and done well, this could be an tionality and logic back into the deliv- role at the school. The status quo was effective tool for shrinking the size of ery of services by the Federal Govern- never sufficient; I wanted to do more. our government, using our tax dollars And herein lies the problem for both ment. more wisely. And in a time of war, in a And with that, I would be happy to government programs and for me as a time of deficits, I think it’s even more yield back to the gentleman from teacher: In our mindset, if a program is important for both parties to pull to- Texas. not growing, something is wrong. To Mr. BRADY of Texas. Well, if I may gether, find new tools they can both self justify, government agencies and just follow up. You made, sir, I think a use day in and day out to try to offices always think of new ways to ex- key component of why we need this. squeeze the absolute best out of every pand their ‘‘services.’’ The goal is al- Right now in Washington today, if you tax dollar that is sent to us. And with that, I would yield either to ways ‘‘bigger’’ and ‘‘more,’’ which ends try to abolish an agency that has out- the gentleman from Utah or the leader up costing the taxpayers. The desire to lived its usefulness or you question of this special hour, the gentleman grow is the natural instinct of any gov- programs that duplicate themselves, ernment agency, and it is the natural there is always someone who jumps up from New Jersey. Mr. GARRETT of New Jersey. I instinct of us, but it means to control and says, well, you know, I remember thank the gentleman from Texas (Mr. government, a legislative body has to they’ve done some good things in the BRADY) for being on the floor tonight continually fight that which naturally past. Almost impossible to do it. The and also for the subject, for intro- occurs. It’s always an uphill battle. We Federal Sunset Commission changes ducing this Federal Sunset Act, an act continue the old and introduce the that around and it basically says to the which would, as he said, return our new. agency, you must justify your exist- Simply, what we do is when we intro- ence to taxpayers, not just to law mak- country and our government to the in- duce a new program and there is still ers, but to taxpayers themselves. You tent as set forth by our Founding Fa- an old one in place, it puts us in the have to prove your value and worth and thers. And when you think about it, in light silly position of using a computer and success. a typewriter at the same time. Comp- When I served in the Texas legisla- of the extremely high taxes and even troller Walker, before he retired, in the ture, what I saw was in the 2 years be- higher deficit, the time for greater effi- same report that I just quoted, said, ‘‘A fore an agency was sunset, it was ciency in government couldn’t be any fundamental reassessment of govern- amazing how responsive they became, greater than it is today. The American ment programs, policies, and activities how quickly they returned your phone worker is handing far too much of his can help weed out programs that are calls, how responsive they were on or her hard-earned money, his pay- outdated, ineffective, unsustainable, or their letters. Now they were under the check each week over to the Federal simply a lower priority than they used mistaken belief that their customers Government only to see it wasted in to be. In most Federal mission areas, were actually the legislature. Their layers of bureaucracy, red tape and so from low-income housing to food safety customers are the taxpayers. I want to on. I think you quoted Ronald Reagan to higher education assistance, na- reintroduce customer service back into before when you said that a govern- tional goals are achieved through the our government, and I want agencies to ment bureau is the nearest thing to use of a variety of tools and increas- know that if they drift far away from eternal thing that we’ll ever see on ingly through participation of many their original mission, if they do not Earth, but regrettably, longevity truly organizations such as State and local perform and produce, if they don’t rec- has nothing to do whatsoever with a governments that are beyond the di- ognize that they work for the public, program’s effectiveness or efficiency or rect control of the Federal Govern- the public doesn’t work for them, they usefulness to the American people. ment.’’ work for the public, if they forget that, Just because it’s been around a long ‘‘Government cannot accept as given they need to understand that on a reg- time doesn’t mean that it’s good. all of the existing major programs, ular basis they will be held accountable Now, the background for the idea of a policies, and operations. A funda- for it. And I think that’s a part of our sunset, as the gentleman from Utah mental review of what the Federal government today. Unfortunately, that said, comes from the States, who are Government does, how it does it, and in is missing. usually on the cutting edge because some cases, who does the government’s One thing, too, I’ve noticed, my expe- they are the laboratory of experimen- business, will be required, particularly rience in sunsetting at State level, the tation. And the sunset takes its name given the demographic tidal wave that gentleman from Utah mentioned it, is from the sunset laws used by many is starting to show on our fiscal hori- that programs that succeed, that do States to provide for a periodic review zon.’’ their job, spend their money wisely, of the efficiency and effectiveness of ‘‘A fundamental reassessment.’’ It’s a perform and are responsive to the tax- the agency operations and their poli- novel idea. Make agencies and pro- payers, they do beautifully in the sun- cies. It was back in 1976 that Colorado grams continually prove their value. set. They have no problem at all. It is was the first State to implement a sun- That brings us to Mr. BRADY’s bill, the the programs that don’t do any of set. And at the State level this process Federal Sunset Act of 2008. Sunset those that struggle. And my belief is has saved the taxpayer hundreds and commissions aren’t a new idea. States, that we should fund constitutional pro- hundreds of millions of dollars. And it as are often the case, are ahead of us grams that deliver quality services to has also reduced the size of government here. I’m told that there are 24 States our taxpayers, and not a dime for those at the same time. And simply how it currently that have some form of a who don’t, not a dime for those who works is that each and every Federal sunset review and have saved millions don’t. And what’s interesting, we’ve agency must justify its own existence, of dollars through this process, and it had one vote on the House floor in 12 and not its existence from the time is simply about time the Federal Gov- years on this. Congressman TURNER that it was created, which may have ernment follows their lead. and I offered an amendment to a bill, been 100 years ago or 80 years or 60 or P.J. O’Rourke once said, ‘‘the mys- and it passed with 272 votes, 2–1 mar- 40 or even 10 years ago, but its exist- tery of government is not how Wash- gin. Now, the bill it was attached to ence today to the consumer, which is ington works, but how to make it eventually died, those things happen the taxpayer, constituent. And then stop.’’ Mr. BRADY’s bill helps solve that here in Washington, DC, but it showed after a thorough evaluation, the com- mystery. It’s a practical solution that us that there is support. mission recommends to Congress that

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.088 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2839 an agency be reauthorized, stream- more years, and whether, therefore, example to make an appropriation for lined, consolidated, or in some cases, they should be eliminated or contin- a loan to a glass manufacturer. That maybe even eliminated. ued, or not. piece of legislation failed in Congress So why is that a great idea? It’s a There have been different perspec- after Members expressed the view that great idea because, as we said before, tives on whether or not these agencies such an appropriation would be uncon- the Federal Government is just far too should have the authority. And what stitutional under article I, section 8. big, too fat, too wasteful. And espe- we would have to do in this instance is Likewise, under the Fourth Congress, cially now, in a time of war, in a time take a look at what the Constitution they did not believe the power to proof deficit, don’t we need every single says. One area we look to is article I, vide relief for citizens of Savannah, dollar to really count, to be accounted section 8, which basically would set out Georgia after a devastating fire de- for and to go for what is necessary? for the Congress, as they review these stroyed the entire city; likewise, out- And a Federal sunset law is truly a agencies and as we should really be side the purview of the Constitution. proven way to abolish those obsolete looking at any time we look at any Whether we are talking about re- Federal programs, eliminate duplica- piece of legislation that comes before strictions under this provision or oth- tion, and hold every agency account- us, and this sets forth the enumerated erwise, the sunset provision would give able to the taxpayer. powers of the Constitution and the Congress in the future the opportunity You know, it’s no secret that there powers here in Congress. to review each and every agency to are many Federal programs that are There are a couple of views on how make sure that it is operating within simply not serving the American pub- this is interpreted, but both of them the confines of the Constitution as in- lic. And these are the programs that are basically a limitation. Enumerated tended by the Founding Fathers, and have outlived their purpose, duplicated powers means that if it’s listed in the that it can only be a good thing at the other programs, simply waste taxpayer Constitution, they are enumerating, end of the day for the U.S. citizen. dollars by diverting dollars away from they are listing certain powers that we With that, I yield the remaining time real priorities and into what you might have the right of. And therefore, the to the gentleman from Texas. Mr. BRADY of Texas. Well, again, I want to say is a black hole of ineffec- converse of that is if they are not enu- would praise the gentleman from New tiveness, which is what we see in Wash- merated, if they are not listed, then, Jersey for being a leader and the gen- ington. And I think Mr. BRADY said it, therefore, we do not have the power to tleman from Utah on trying to re- a taxpayer now works up to 113 days do so. And therefore, if there is an invent government, take it back to the out of a year just to pay for his share agency that does not have the specific features, take it back to its roots and of the Federal Government’s spending powers to conduct its activity, that make it work for us. of ineffectiveness. program should be eliminated. I was intrigued by the gentleman Unfortunately, these programs sur- Now, the one view most strict on from New Jersey’s comments about our this, of course, was James Madison, vive anyway. And they survive because Founding Fathers because I was read- who repeatedly argued that the power of special interests, these cottage in- ing one of the many books about to tax and spend, which is what we’re dustries that grow down here that live Thomas Jefferson. And he sent a letter off the taxpayer earnings. But you talking about when we’re talking back to a colleague, as the third Presi- know, Madam Speaker, we’re not here about appropriations or authorizations, dent of the United States, where he ex- to represent any of those special inter- did not confer upon the Congress the pressed frustration that he was already ests. We are here to represent the right to do whatever it thought was struggling to try to close down Federal mothers and fathers who could be at best in the interest of the Nation, but programs that had already outlived home with their children instead of only to further the ends specifically their usefulness. This was our third working an extra shift so that they can enumerated elsewhere in the Constitu- President, and he was already fighting make their contribution to this bloated tion. So you have to look either there to do that. It tells you what a chal- bureaucracy that we call Washington. or someplace else in the Constitution. lenge we have. With a Federal deficit in the billions of The second view on this, of course, is But I am convinced that if both par- dollars and with taxes that are too a little bit broader, but still pretty ties really mean it, that we can accom- high and too unfair, we must do every- limited, and would still fall under this plish this. I think if we spent less time thing we can to ensure that our Fed- bill as far as a review under this bill as in Washington holding hearings on eral spending is as limited as possible to what we should be doing here. And steroids and baseball, you know, if we and most efficient as possible. that simply says, does the agency, the spent less time promoting longer last- And with that, let me just make one bureau’s activities, does it contain its ing light bulbs, and those are good, of additional point. The idea and why we own limitation, namely, that spending course, but the priorities of this coun- come to the floor now and why I com- under this law be for general use, that try, I think this Congress especially is mend Mr. BRADY so much for his work is, national welfare, not purely for disconnected from the real world, from on this is that the Federal Government local or regional benefit. And so here what real families face. And when peo- was intended to be limited by the what the founders were intending to ple are paying so much out of their Founding Fathers, and this Sunset say is if it’s general use, general wel- paycheck and paying so much at the Commission would give us the oppor- fare, does it apply across the board to pump, it just isn’t a responsibility to tunity to revisit that issue. the benefit of everyone? Now, when we use their money wisely, it’s an obliga- I often say that when we vote on a do this, and if this legislation were to tion. It’s in the Constitution. It’s in bill, specifically on appropriation bills become law and we are able to system- principle. It’s really a case in morality. or authorization bills, and as we take atically look at each and every agency, But we’re taking people’s money and out of our pocket the little card, which I think we would find that much of wasting it. is our voting right, we should ask our- what we appropriate our dollars for, I hope people who are watching to- selves whether or not we have the con- the taxpayers dollars for does not meet night will call their Member of Con- stitutional authority to be voting yes either one of these tests. It is not sim- gress and ask why aren’t they in sup- on that spending or authorization bill. ply a power that is being enumerated port of the Sunset Commission, why And in order to know whether we have elsewhere in the Constitution, nor is it don’t they get on the Sunset Commis- that authority, we should be looking to for the general use of the entire coun- sion and use their thoughts and ideas the U.S. Constitution. try. And when you look for the defini- to trim this budget? Because I’m tell- Now, what this Sunset bill would ba- tion of the general use of the entire ing you, we have Members of Congress, sically force us to do is to look to see country, we can look again to see how both parties, who I think can do an ex- whether we actually have that author- the founders interpreted that when cellent job, but we have to have the ity and make each one of those Federal they passed in the First and the Sec- will and the backbone to do it first. bureaus and agencies and departments ond, Third or Fourth Congress as to And I again applaud the gentleman and so on and so forth, whether they how they interpreted it. from New Jersey for being a leader on have that specific authority to do what You know, in the very First Congress constitutional issues here in Wash- they have been doing for 20 or 40 or of the United States, they looked at an ington.

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.089 H29APPT1 smartinez on PROD1PC64 with HOUSE H2840 CONGRESSIONAL RECORD — HOUSE April 29, 2008 Mr. GARRETT of New Jersey. And I that addressed energy raised the cost natural gas or oil through those public thank the gentleman from Texas. I of energy, and no piece of legislation lands. So we have taken millions of thank the gentleman from Utah as well increased the supply of energy, which acres of oil-producing lands off-limits, for being on the floor, and for both would reduce the cost. off-limits to the American people, your leadership on this issue. The law of supply and demand is that while we are dependent on foreign oil. f if you have more supply than you have The exact opposite that I believe that demand, prices fall because the sellers we should do. ENERGY IN AMERICA have to discount in order to turn their And we’re not drilling in ANWR. The SPEAKER pro tempore. Under product into cash. And if you have a Now, ANWR, the Arctic National Wild- the Speaker’s announced policy of Jan- demand that’s higher than the supply, life Refuge, whoever named that was uary 18, 2007, the gentleman from Iowa the price goes up because the buyers really thinking ahead if they thought (Mr. KING) is recognized for 60 minutes. are willing to pay more because they that they wanted to lock up a lot of en- Mr. KING of Iowa. Madam Speaker, want it; so they compete for the prod- ergy underneath the frozen tundra. But it’s an honor to be recognized to ad- uct. I went up there to look at that land. I dress you here on the floor of the Just the same way as if you’re a really thought that if I would get up United States House of Representa- great athlete, Madam Speaker, and there, I would find ANWR, the Arctic tives. maybe only a few people can sky walk National Wildlife Refuge—I believed I I listened to my colleagues with above the hoop and slam the ball down would get there and it would be teem- great interest, and I appreciate the through in a basketball court, and only ing with wildlife. I thought caribou constitutional acumen that they bring a few of those people get offered the would be running all over the place and to the floor. I honor their work and millions of dollars because it’s a rare there would be some wolves there pick- support their statements, and do talent. There’s a lot of demand for that ing off the strays, and I thought there through a rather unsmooth segue into kind of talent and only a little bit of would be some musk-oxen and maybe the issue that I believe needs to be ad- supply. So the price for a very highly some Arctic fox, and I thought I would dressed here, Madam Speaker, so that talented basketball player goes up and see an alpine forest because I had seen there can be a greater depth of knowl- up. The same goes for all of our sports. that in one of the commercials that edge about the subject of energy in this We can see that easily. If you’re a said ‘‘Don’t drill ANWR.’’ country. clutch pitcher and you can step into a Well, I went up there, and I did actu- First of all, there is a certain idea baseball game with the bases loaded ally do the research to find out where that somehow we can talk about en- and nobody out and are ahead by one the furthest-most northerly tree is. If ergy conservation and we can pass leg- run and take them down three at a you remember, Madam Speaker, I islation to require automobiles to get time and you can do that consistently think you and I learned this in eighth 75 miles to the gallon and somehow and perform well under pressure, if grade science class that the Arctic Cir- that’s not going to cost a price in qual- you’ve got that kind of control, you’re cle and the Antarctic Circle are lines ity of life or in engineering costs. And worth a lot of money in that arena be- around the globe—on the northern some people believe that that can actu- cause the supply is low and the demand hemisphere, the Arctic Circle is a line ally happen. And I know that if we go is high. around the globe, north of which trees so far as to mandate such a thing, you Well, with energy the supply is low don’t grow. So it shouldn’t be a sur- would have to park your Harley today and the demand is high, just like it is prise to anybody to find out there are because it wouldn’t get that kind of for a very talented basketball player or no trees in ANWR. And it was a sur- mileage. And if that’s going to happen a very talented attorney or a very tal- prise to me to find out that there is no with a family automobile, I would like ented actress or a very talented CEO. resident caribou herd there. I did see to know how that is designed to be So how do you reverse this when you’re four musk-oxen as we flew all over done without putting us in a very flexi- dealing with the American people, ANWR looking for some wildlife. We ble and crashable vehicle that doesn’t whose standard of living and quality of saw that and two white birds, and that provide very much safety for the people life is wrapped up in this cost of en- was the extent of it, although there are that are inside. ergy? And, Madam Speaker, I will sub- some whales that get harvested as they I’m concerned about that approach, mit that we must increase the supply swim along the shoreline and there are Madam Speaker, and I’m concerned of energy, in every category that we in- some polar bears that live up there about an approach that believes that tend to use energy, we need to increase along the shore. So it’s not without there is maybe only one or two things the supply. wildlife. we can do with energy, and maybe Now, if you’ll imagine, Madam But we drilled in the North Slope of there is a silver bullet here to solve all Speaker, in your mind’s eye, a pie Alaska back in 1973—1972 and 1973 was of this. chart, a 360-degree pie chart of all the when it began. There was a great con- components of our sources of energy, cern about disturbing the natural re- b 2045 and that would include gasoline and gions up there and a concern that we Madam Speaker, there is no silver diesel fuel and natural gas and clean would tear up the natural tundra and it bullet on energy. It is a cost of every- burning coal. It would include wind en- could never be replaced again and that thing that we do. A cup of coffee, a pair ergy, solar energy, ethanol, biodiesel there would be oil spills that soaked up of shoes, a suit, a ticket to the ball and biomass, hydroelectric, and it that couldn’t be cleaned up. game, a television set, everything that would include nuclear. And also on And, Madam Speaker, I went up we might buy or consume, including all that pie chart, we need to add a slice in there and found out that we have of our food, the price of it is wrapped there for energy conservation because drilled in the North Slope, and we have up in energy. And inflation of energy is energy conservation is—on this, done it well. And if we fly across that inflation of everything. And as we Madam Speaker, I agree with the ma- North Slope and look around, I watched gas prices go up since the be- jority party. Energy conservation is an couldn’t identify a single oil well, not ginning of this Congress, this 110th important component of our overall en- one. They are all submersible pumps Congress, when Speaker PELOSI took ergy solution. set down below the ground level. And the gavel, gas prices have gone up over But there is no energy solution that the pads that are there for workover 50 percent in that period of time. And has been offered by the leadership here. are places that they drive to on ice. So the promise was, well, there was going We do not have a commonsense solu- when the ice melts in the summer, to be a commonsense approach to en- tion that’s been offered by the leader- there’s no sign that anybody ap- ergy. ship. We have pieces of legislation that proached the well. And the caribou Madam Speaker, I’m still waiting for raise the cost of energy, blocking cer- herd went from 7,000 head in 1972 to that commonsense approach. I’ve seen tain parts of the publicly owned lands 28,000 head as of a couple, 3 years ago. pieces of legislation come across this from drilling. And the places where we That’s a fourfold increase in caribou floor a number of times in this 110th could drill, there has already been a herd in the North Slope in Alaska, in a Congress, and every piece of legislation blockage of being able to transport region that was alleged to have been

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.090 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2841 poised before it was drilled to having have developed a tremendous industry fence—I would like to see a double the wildlife and the natural environ- in renewable fuels. And I speak from a fence all the way across—but getting ment there damaged significantly. It base of, I will say, experience, and I that fence up is going to have a great, has not been, and there is no example represent the Fifth Congressional Dis- very salutary effect on law enforce- that it was. The only example that we trict of Iowa. There are 435 congres- ment in the United States. can find is that caribou like to get up sional districts in Iowa, and of the 435 And I’m reminded that when we built on the higher ground where the wind districts, there’s only one that pro- the double fence in San Diego, the blows the flies off of them and they duces the most renewable energy, and crime rate by FBI statistics in the like to have their calves up there out that’s the Fifth District of Iowa, when county of San Diego dropped by 56.3 of the water; so their population has you count ethanol, biodiesel, and wind. percent. And I think if we indeed get increased. But those are the caribou But I see my good friend from Cali- the series of fences up across the south- herds that are resident to the North fornia, former chairman, now ranking west border, you’re going to see fewer Slope of Alaska, but there are no car- member of the Armed Services Com- criminal aliens being incarcerated at ibou herds that are residents in ANWR. mittee, Mr. DUNCAN HUNTER, to whom the Federal, State, and local level. And So the natural animal life there won’t I’d be so happy to yield. right now there are 250,000 of them in benefit quite as much except the car- And I appreciate your being down incarceration. ibou do migrate into ANWR to have here, DUNCAN. So since the gentleman has been my their calves in the spring starting Mr. HUNTER. I thank my friend for partner in these endeavors, I knew he about mid-May, early to mid-May, and yielding. And the gentleman from Iowa would want to hear the report. then along about mid-June or the lat- is indeed an expert on renewable en- A hearing was chaired by the Com- ter part of June when the calves are ergy, and I’ve spent a lot of time in his mittee on Resources and two sub- strong enough, they walk back over to wonderful State examining that pro- committees in Brownsville, Texas, and Canada, where they actually do live. gram, which is very robust right now. I think we aired the issues very fully. But in that whole region in the North I thought the gentleman might be in- And if you listened to all the testi- Slope, no spills, no measurable impact terested, because this is a subject mony, a couple of things were clear: on the environment. And we can do the that’s near and dear to your heart, in One, we need the fence because no one same thing, only better, in ANWR. We the recent progress on the border fence has an alternative; and, number two, if can do it with about a 2,000-acre foot- and the recent actions that have been we don’t get the waivers, we will never print, and we can drill directionally, undertaken by the administration. get the fence built. and we can open that up and we can The gentleman from Iowa and I have So I thought the gentleman would be bring that oil over to the Alaska pipe- linked arms on a number of occasions interested in that progress, and I just line, pump it down to Valdez, and put to do several things: one, pass the bor- wanted to report that to him. it on tankers and ship it like we have der fence legislation that mandates the And I thank you for yielding. done out of Alaska for years and years construction of a double fence across Mr. KING of Iowa. Reclaiming my successfully. That oil needs to come the southern border for about 854 time, Madam Speaker, I very much ap- out. It needs to come out of the miles. And as we know, that legislation preciate the gentleman from California ground. It needs to go into the market- was watered down some in December (Mr. HUNTER) for coming to the floor place. by the Senate, but it remains a man- and filling us all in on this report. You cannot defy the law of supply date to do at least 700 miles of fence. and demand. If you shut down the sup- I look at the statistics, and abso- And the administration just undertook lutely I support the mandate of Con- ply and the demand remains the same, the waiver of environmental regula- the price goes up. If you increase the gress. You say 700 miles, but when you tions that would keep the fence from calculate curves in the border, it comes demand and you keep the supply the being built for many years. same, the price goes up. We have both out to 854 miles, as the gentleman has In fact, I remember that when we said. The 22 metric tons of drugs and of those things happening. We have a tried to fence Smugglers Gulch, where demand increase, and we have a supply you add to that the 368 tons of—— a great deal of cocaine came into the growth that’s being shut down. Mr. HUNTER. Of marijuana. And not only that, Madam Speaker, United States between San Diego, Cali- Mr. KING of Iowa. Of marijuana. And but instead of voting down drilling on fornia, and Tijuana, Mexico, we were I happen to know that the value of publicly owned land, and I will say delayed for 12 years by a series of law- those drugs coming across our south- nonnational park public lands, we need suits and regulations being invoked. I ern border are $65 billion worth of ille- to open up our nonnational park public think the last regulatory delay re- gal drugs. volved around whether or not a lands for drilling. We need to do that. b 2100 We need to drill in the Outer Conti- gnatcatcher would fly over a 12-foot- nental Shelf, primarily offshore Flor- high fence, and after a year I think the That is with a B. To try to get one’s ida, where we know there are at least experts concluded that indeed that mind around $65 billion; what is that? 406 trillion cubic feet of natural gas. gnatcatcher could clear the fence; so Well, for example, PEMEX, Mexican And where the people who are sitting we could build it. nationalized oil company, produces on the beach, there’s a concern that if So the administration has invoked about $28 billion worth of oil pumped they have information that there’s a this waiver, and I want to commend out of Mexico and along the Gulf; $28 drill rig out there at 199 miles, though Secretary Chertoff for undertaking billion. This is about 21⁄2 times the you can’t see it much beyond about 12 that waiver because it’s absolutely nec- value of all the illegal drugs coming miles, but if there’s a drill rig out essary if we’re going to get the fence into the United States. The 250,000 there offshore at 199 miles, some folks built. Otherwise, we will never get it criminal illegal aliens that are incar- are afraid that people won’t go sit on built. And today the southwest border, cerated in the United States amounts the beach if they hear a rumor that and particularly Texas along with Ari- to 27 percent of the criminal popu- there’s a drill rig out there. So we shut zona, are absolutely on fire with the lation, the inmate population in our off a 200-mile limit for exploration smuggling of drugs and illegal aliens. Federal penitentiaries, and there is a when a country like this needs the nat- And last year they moved about 22 report that came out in April of 2005 ural gas and a country like this needs metric tons of cocaine across the bor- that shows that we are funding about the oil. We need to drill the Outer Con- der, across the southwest border, and one out of every four prisoners that tinental Shelf all the way up and down about 368 tons of marijuana. So it’s apply. And you do the math on that, our coast off of California, all the way still a trafficking corridor or a series of and it comes out to about 25 percent of north as far as there is energy. We need corridors which are flowing relatively our State and local prisons are crimi- to tap into it. We need to tap into it unimpeded by this relatively small nal inmates there as well. all, Madam Speaker, and put it all on force of Border Patrolmen and Customs So when I look at what happens in the market. and DEA agents who attend the border. places like Israel, where they have And we need to add into that the al- But getting that double-border fence built a fence that has been almost 100 ternative energy uses that we have. We up, and in some cases it’s a single percent effective, you can’t make the

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.092 H29APPT1 smartinez on PROD1PC64 with HOUSE H2842 CONGRESSIONAL RECORD — HOUSE April 29, 2008 argument, I don’t believe, that it’s not United States illegally is no longer you trap the smugglers in between the effective when you put up a barrier to through the airports, because they two fences. keep people out. It’s a lot different have been effectively blocked. It’s to I thank the gentleman for yielding than building a Berlin Wall, for exam- get to Mexico and cross the land border and for his great work on this impor- ple, to keep people in. This is a barrier between Mexico and the U.S. Another tant issue. We will continue to work to keep people out. And with those reason to build the border fence. together. that do come in, the crime that comes Mr. KING of Iowa. I want to reiterate Mr. KING of Iowa. I thank the gen- in with that, as the gentleman from too the utilization of the waiver. As I tleman from California, who has been California said, a reduction of 56.3 per- have tracked that through the news, I the leader on this fence and made sure cent in the Smugglers Gulch area. also commend Secretary Chertoff for the first got built and is here making There are Americans that are dying utilizing the waiver to go forward and sure that we get the last of it built. I every day in this country at the hands build the fence. As the gentleman from just submit we don’t have to build ex- of people that if they were simply kept California references, the fence and the actly 2,000 miles of fence to get this all in the country where they are citizens, triple barriers that exist down in the done. I submit we build the Duncan their crimes would be perpetrated southwestern Arizona area, San Luis, Hunter 700/854 miles of fence and then someplace else. The measure of that is south of Yuma, I remember visiting we will just keep right on building as far greater than our casualties in the there and asking the question of Sec- long as they keep going around the Middle East. I don’t think there’s any retary Chertoff, We always hear the end. If they stop going around the end, way to calculate it otherwise. statement if you build, I will show you we can stop building fence. If they As I add to this argument, I ought to an 11-foot ladder, you build a 20-foot start going around the end, we’ll start point out also that the news I saw fence, I’ll show you a 21-foot ladder. building some more. showed that in Tijuana over the week- I saw the fence down there, and as I Mr. HUNTER. I thank the gentleman. end there was a running drug gang asked this question, Has anyone de- Mr. KING of Iowa. I thank the gen- fight where they were driving through feated this barrier, and it had to be tleman from California. There’s a lot more to be the streets, shooting at each other, asked a number of times, and the an- taken up on that. As a matter of tran- with tourists around and residents swer came back no. When I was there, sition on the cost of this border, we are around, and the number that I saw was no one had defeated the new triple spending $8 billion on our southern bor- 13 killed, and those that were killed, fencing barrier that was constructed in der. When you calculate the cost of the way I understood it, were all crimi- the San Luis area where the crossings funding Border Patrol and all their nal drug gangs. have gone down from 138,000 to 4,000. equipment and all of the costs that are Mr. HUNTER. If the gentleman will I ask the gentleman from California, associated with that, as well as the yield. are you aware that anyone has de- costs of ICE and the enforcement that What that really amounts to is that feated the triple barrier fence any- we have along on the border, about $8 this industry of moving this poison where? billion a year. That is $4 million a across the international border to the Mr. HUNTER. No. As long as you mile. Now we can build interstate for United States is cocaine that poisons have a modicum of manning, that is if that kind of money. Instead, we just our young people. That is such a mas- you leave a fence totally alone, obvi- simply want to build a couple of fences sive industry now on the southern bor- ously a person can come in, sit down with some sensors on it and invest that der of the U.S. that the drug gangs are for hours with welding gear and cut money and get the return back in the fighting each other for control of this through anything, or bring in heavy first year. lucrative industry. That is what it rep- construction equipment and cut As we recruit Border Patrol that resents. That is another reason why we through anything. As long as you have come to work, I ask them to keep your need to build that border fence. a modicum of manning. That is why spirits up and get tied into the mission. Incidentally, we had 202,000 arrests in you have the Border Patrol road in be- Often there is a loss of notion on that the area where the fence has now been tween the fences, so the smuggler has lack of mission if it’s not clearly ar- constructed between San Diego, Cali- to come across the first fence, cross a ticulated. There isn’t a place to com- fornia, and Tijuana, Mexico. After we high speed Border Patrol road, sit down promise the law. When someone vio- constructed it, we went down to 9,000 with his welding gear and work on the lates it, we must enforce it and follow arrests. That is a reduction of more second fence, or carry that 22-foot lad- through with prosecution. We need to than 90 percent. And in the Yuma sec- der. Then the question comes back to put the resources in your hands so you tor, where we have also now con- the person who makes that state- can do that. You are brave Americans structed double fencing, we went from ment—incidentally, that statement serving this country, serving us well. I 138,000 arrests to a little under 4,000. was made by Governor Napolitano, who go down along that part of the border That is more than a 95 percent reduc- is the Governor of Arizona. and sit down in nice quiet meetings tion. Now, let me see. She said, You show with brave Americans that are serving So of all the things that we have me a 20-foot fence, I’ll show you a 21- this country and I hear your stories. I tried with respect to controlling the foot ladder. She derided the fence. And hear them anonymously sometimes. border, we have discovered that one in her district where we built the dou- And I sit along the border in the dark thing does work and that is a border ble fence at Yuma, we have brought at night and watch and listen as the in- fence. The President and Mr. Chertoff down the arrest rate from 138,000 to filtration comes through. should be commended for invoking this 4,000. So apparently the smugglers I have got a sense of what you’re up waiver that we gave them so we can haven’t read her statement that they against. I’m sure I don’t appreciate it move ahead on this very, very impor- should have no problem with this the way you do, being faced against it tant part of the people’s business, and fence. every day. I appreciate the work, as that is keeping their kids safe. But it does work and, incidentally, this Congress does, and I appreciate the The last statistic that I would give the other thing it does is it leverages gentleman from California coming to the gentleman that I brought up in the Border Patrol. Because we were the floor. Brownsville was this. Last year, we able to pull Border Patrolmen off our I wanted to swing back to the energy intercepted 58,000 people coming across fenced area and move them to other piece of this, Mr. Speaker, and as I the border from Mexico who were not places on the southern border. You talked about the different components citizens of Mexico. They came from don’t need as many Border Patrolmen of the energy pie, the overall pie chart, virtually every country in the world. when you have an impediment, that is our sources of energy, and I listed a More than 800 of them came from Com- when you have the fence in place. whole series of them: Gas, diesel, bio- munist China, 14 came from Iran, and 3 So for those who say the question is, diesel, and nuclear, wind. The list goes of them came from North Korea. That How many Border Patrol can we get? on. Not necessarily to repeat them all, means that anybody in the world with You free up a lot of Border Patrolmen but just to refresh in our eye the things a television set can understand very by having the fence. Incidentally, you we are talking about here from the quickly that the way to get into the need to have that double fence because sources of energy that we have.

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.094 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2843 I was in the process of making the the F–16s that have to fly in the air and anol, it will take .67 Btus of energy statement that of all 435 congressional the bullet proof vests and armored input to get one Btu out in ethanol in districts in America, there is one con- Humvees. How much energy does it the form of corn. gressional district that produces more take to drive an army? Are they con- If you do that in gasoline coming out renewable energy than any other consuming 4,000 calories a day? Perhaps of crude oil at the refinery in Texas, gressional district. That is the Fifth they are. In fact, I’d submit more than you will use up 1.3 Btus to get one Btu Congressional District of Iowa. We are that, as much as they are up against. back. It is almost, by modern numbers, in the top three in ethanol production If you add all that up, you can com- actually, twice as much energy con- of all the congressional districts. We pare that to the energy it takes to sumed to produce gasoline from crude are the top biodiesel-producing district produce tractors and combines and en- oil as it takes to get ethanol out of of all of the congressional districts. We ergy in the form of ethanol out of corn. corn. That is a laboratory fact. It is are in the top one to four on wind. Per- But I will submit that that is a ridicu- not a negotiable one, it is not an opin- haps today we are third or maybe sec- lous path to go down to try to prove ion, it is a laboratory fact. ond on wind generation of electricity. something. I think that the study that And they worry about water con- If you add up the Btu’s we are con- said that it took more energy to sumption, how much water does it take verting into renewable energy sources, produce ethanol, the specious one to produce ethanol for the amount of the Fifth District produces more than about measuring the energy it took to water that it takes to produce gaso- anybody else. So we ought to know a produce the tractor to farm the corn is line. Cracking gasoline takes signifi- little more about it. a specious study and it is invalid and it cantly, multiple times more water First of all, and I need to debunk was grasping at straws. than producing ethanol out of corn. some of the myths that are out there. When the same people go back and Cracking gas out of crude oil, a lot One of them is a myth, it is a myth calculate what it takes to put an army more water than ethanol out of corn. that it takes more energy to produce in the field and a navy in the sea and So we take care of those two arguments. Those things stand up with lab- ethanol than you get out of the eth- an air force in the air and how much oratories tests. Those are finite num- anol. That is a myth. There was a col- fuel to drive all of that, compare that bers. They are not negotiable. They are lege professor that did a study that and the energy you get out of the crude a matter of scientific fact. It isn’t even went back and added up all the energy oil versus the energy you get out of ‘‘settled science,’’ in the way Al Gore it would take to produce the tractor corn, we are still going to look really would say his opinion is. It is labora- and smelt the steel and produce the good, although neither comparison is rubber for the tires and transport the tory facts. valid. So, now we have this ethanol, and we tractor and the combine and the culti- So what is valid is this. We are going vator and the application equipment have put it into the marketplace and to raise the corn anyway. We have the we have produced upwards perhaps in all the way to the farm field. They cal- oil out there coming out of the ground culated all of the energy that it took the last year somewhere near 9 billion anyway. So what is valid is each one of gallons of ethanol. And that is putting to do that, as well as the energy it them has a commodity price, and as took to make seven passes over the a dent into the overall supply. We are ADAM SMITH said, the value of anything burning about 142 billion gallons of field, if I remember that number cor- in the marketplace is the sum total of gasoline in a year, so the 9 million gal- rectly. It didn’t add up quite good the capital that it takes to produce it lons of ethanol is approaching that enough yet so they charged against the and the labor that it takes to produce level where it is significant in its con- energy consumption to produce eth- it. So when you add up the capital and tribution in keeping the cost of energy anol, this is to raise a crop of corn, by the labor, and you look at the price, down. the way, 4,000 calories a day for the the market price, you will have those But the argument comes back then farm workers because it takes energy two things together. to me and across the airwaves of this to keep them going. For example, crude oil has gone up country, Mr. Speaker, that we have When you get to that point, Mr. by the barrel from, not that long ago, high food prices because the production Speaker, you have to know that they $50 a barrel, to $118 or $119 a barrel. of ethanol has taken corn off the mar- are grasping at straws, they are reach- That more than doubled over the last ketplace and made food prices higher. ing pretty hard to try to pull in as year and 15 months or so. Now, why is it that people that don’t many ways that they can describe that b 2115 understand the law of supply and de- there’s energy consumption in ethanol mand when it comes to the cost of en- production through corn. Well, let me Why is that? Because of supply and ergy can all of a sudden discover the submit, Mr. Speaker, that first of all, if demand. Because it has gotten more law of supply and demand when it you add all that up, then you can make scarce, because there is more demand comes to food prices, and then mis- anything so inefficient, we couldn’t on the oil, and because the cost of cap- inform themselves for the suitability possibly do it. But the corn is going to ital and production and labor have of their own argument? be raised anyway. So that description gone up. So it works like this: We don’t con- isn’t valid and it’s not a rational way So we measure the value of the com- sume a lot of field corn for human con- to compare how much energy that we modity in the marketplace. What does sumption. Most of it, if it is not proc- are getting out of corn versus how it command when it is marketed as a essed into some 300-some different much energy it takes to produce the commodity? What is corn worth by the products, but most of the field corn is equipment that raises the farm crop. bushel, what is crude oil worth by the used in livestock feed and it does get If we are going to measure the barrel? That is how we determine what converted into food that way. amount of energy used to produce trac- it is worth. But here is how this works. In 2007 we tors and combines that are used in the I will submit this, Mr. Speaker, and produced 13.1 billion bushels of corn. Of field, along with the diesel fuel or the that is that if we put a barrel of crude that, we exported 2.5 billion bushels of gas that is in the tractor and in the oil sitting outside the gates of the re- corn. That left 10.6 billion bushels back combine and in the trucks that haul finery, let’s just say in Texas, and we for us, 10.6 billion to use here domesti- the grain away, then by the same com- are going to have to refine that crude cally. Of that, we converted 3.2 billion parison we have got to look at the en- oil and do what we call crack gas out of into ethanol, a little over 9 billion gal- ergy that is consumed when we produce that crude oil, that takes energy to do lons of ethanol. That left 7.4 bushels of gasoline out of crude oil. It isn’t just that. And the energy that it takes to corn for domestic production. That 7.4 an inequation of a barrel sitting at the crack one Btu out of gasoline out of billion gets added back to it at least refinery of Texas. It is all of the mili- crude oil is 1.3 Btus of energy to do so. half of the corn that we use for eth- tary that has to go over to defend the If you put a bushel of corn sitting anol, because there is a high grade ani- oil fields. It’s the anchor, all the en- outside the gates of an ethanol plant in mal feed product that is a by-product ergy it takes to cast the anchor for the Iowa, for example, anyplace in the corn of ethanol production. That would be battleship and all the energy it takes belt, and you are going to produce one about 1.6 billion bushel equivalent to produce weaponry of all kinds, and Btu out of that corn in the form of eth- added back in.

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.095 H29APPT1 smartinez on PROD1PC64 with HOUSE H2844 CONGRESSIONAL RECORD — HOUSE April 29, 2008 So we end up with exactly, by my of national security, and we should cellent point. The way you bring down calculation here, 9.0 billion bushels of open up Alaska so we can utilize in a the price on any commodity is to in- corn to be used here domestically for very responsible way the petroleum re- crease the supply. And we have got a animal feed, for processing into the sources that lie under that great State. number of leaders in this House who things that we process it into. And so I thank the gentleman. have undertaken, if you look at their the argument would be, well is that 9.0 Mr. KING of Iowa. I thank the gen- legislative record, undertaken a major billion bushel, is that more or less corn tleman from California for bringing his campaign to stop the supply, to stran- than we normally have for domestic background and expertise to this. gle the supply, to diminish the supply production? Sometimes there is a different view on of petroleum production. And every We pushed our production up, and things between California and Iowa, time we take wells out of production or over the last 6 years we have produced and I don’t find that to be the case we don’t produce, where we know we an average of only 10.3 billion bushels when it comes to common sense, par- have known reserves, then we are of corn, and we have exported about 2 ticularly when it has to do with energy handing part of our future to people in billion. So that takes us down to 8.3 production and when it has to do with another part of the world who don’t billion bushels of corn available in an the immigration issues that are there. have America’s best interests at heart. average year. Last year there was 9 bil- I have, of course, traveled to ANWR Mr. KING of Iowa. As the gentleman lion bushels available. And yet the peo- and seen the situation up there. I knows, my view on this, and I think we ple who don’t understand the law of would add also that the people that be- would concur, is that I always say grow supply and demand when it comes to lieve that we are going to run out of the size of the energy pie. Take every energy seem to think that even though energy supply here in the world and so slice of that pie. Let’s produce more we have more domestic corn available somehow we should not tap into the domestic gas, more domestic diesel fuel on the market here in the United known energy, what would be a better and more cleaning burning coal. Let’s time to go where we know we have a States, even after we exported more keep wind energy going, and whatever lot of energy than right now, get up to corn than ever before, somehow they we can do economically with solar, and think that is what is driving up food Alaska and drill that? We are hearing also announcements expand the nuclear. I would expand the prices. hydroelectric if I could do it and add Mr. Speaker, I submit food prices are of huge energy finds around the globe. For example, we know that there are the ethanol and biodiesel to it. I am driven up because of energy costs, not sure I am leaving somebody out. But if because of the supply and demand on tremendous reserves of oil off the West Coast of Africa, and offshore is a good you can find a way to produce energy corn, because we have more corn. And and get it into the marketplace, bio- so all we have to do is look at the num- thing in that part of the world because it is actually easier to provide security mass is another one. bers to understand this and realize the We have got some closed systems cheap dollar has been driving up com- offshore than onshore in some of those areas. Brazil has announced two huge coming now where we can take an eth- modity prices for food, it has been driv- anol plant and ship corn in there, feed ing up gas prices, it has been driving up crude oil finds, oil fields, there. And with the Chevron find in the Gulf of the corn; the glutton or the dried dis- the cost of defense. tiller grain comes out and gets fed to I would be happy to yield to my Mexico a year-and-a-half or so, it was cattle in the feedlot; it is converted to friend from California. another huge find. And they announced Mr. HUNTER. I thank my friend for the other day there are 3.4 billion bar- beef; and then the manure goes into yielding. He truly is the resident ex- rels of oil in the North Dakota and biomass and creates the energy that pert on ethanol production and it has Montana area, in that overthrust area drives the ethanol plant. It is a closed been very interesting to listen to him. they were drilling in 20 or 25 years ago. system. Another aspect of providing enough Now they go down about 10,000 feet and We are developing systems now energy, of course, and becoming energy they have to drill then from there hori- where we can take the byproduct and independent, which really is a national zontally with new technology, and they convert that into a high concentrated security issue at this point, is that we can draw the oil out. There are 3.4 bil- CO2 environment and produce photo- have to use all of our sources. And it is lion barrels of oil up there, along with synthesis which traps the carbon gas important for this body and for the one of the world’s largest oil supplies, out and turns it into cellulose and en- other body, for the U.S. Senate, to pass the oil sands area in northern Alberta, ergy. We are only in the first phase of finally permission for us to drill in which we hope to build a pipeline down renewable energy production, and, as Alaska. and tap that in and refine it here in the the technology develops, each piece of Right now we have got an abolition United States. We have got that going it as it comes forward to me is just fas- on drilling, a lot of impediments to on. We have a nuclear power plant cinating how far we will be able to go. moving forward and increasing the under construction in South Carolina Mr. HUNTER. I appreciate the gen- amount of petroleum product that is today. So we are taking some steps. tleman letting me participate in this available to the American people. If we But the barrier here in this Congress, discussion. I appreciate his expertise. I drill in Alaska, and, incidentally, the the leadership that is provided cur- know we will work together to be sure Alaskan pipeline has not hurt any rently with the people that hold the we increase the supply of energy and wildlife species. You can see caribou gavels, it is all about cutting down on fuel. I thank the gentleman. rubbing their summer coats on the the supply of energy and raising the Mr. KING of Iowa. I thank the gen- Alaskan pipeline. They are that wor- price, because I think that they be- tleman from California. ried about it. lieve, and maybe the gentleman from Mr. Speaker, I just hope that we all If we drill in Alaska, we are going to California is better tuned into this my- recognize that it is getting towards find new oil. We will also be able to uti- opic belief, but I think they believe evening here in Washington, D.C., and lize the production that is available that if they can raise the cost of en- there are some folks that do go off and there. And every drop of oil that we ergy and take supply down, people will go to bed or call it a day. The gen- produce in this continent is oil that we ride bicycles and park their car. And tleman from California has worked don’t have to worry about coming that doesn’t help grandma very much diligently in this Congress for more through the Straits of Hormuz. That is in January in Iowa when she is 10 miles than 20 years, and I recognize that and that narrow channel of water where away from town. But if they ride bicy- appreciate it. the Iranian gunboats came out and cles more and then drive up the cost of As I move forward here on the energy harassed an American naval ship here a everything we do, somehow that saves policy, I wanted to reiterate this equa- couple of months ago, where we are the environment and saves the planet. tion so that the point on ethanol effi- constantly watching a short-fused situ- That is what I hear coming out of the ciency, Mr. Speaker, does come home ation with very unstable countries, voices in Congress. in a clear way. It is this: We have more monitoring that particular dangerous I would ask for the judgment of the corn available to us domestically now part of the world. gentleman from California. than we had as an average over any Having energy independence for this Mr. HUNTER. Well, I would say to time in the last 20 years that I can country is a very, very important part my friend, I think he has made an ex- come up with for records.

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.096 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2845 It works like this: In 2007, we pro- when we thought we would have to cap about $7 worth of ethanol in a bushel of duced 13.1 billion bushels of corn. I be- that off at about 15 percent because it corn that is worth about $5.50 and an- lieve that is the largest crop ever. Out is not a stable enough supply to other $7 worth of high-value product of that, we exported more corn than we produce all of the energy that we could that we used to call byproduct. had ever exported before, to foreign have. And that is a tremendous capital When the byproduct gets to be worth countries, just shipped it off in the investment, Mr. Speaker. more than the primary product, then form of grain. We exported 2.5 billion So, this corn does have a future. And the byproduct is no longer a byproduct. bushels of corn. That left us 10.6 billion it has got a future in ethanol, and it is We could actually get that point. And, bushels left, and out of that we took 3.2 a future that needs to be sustained and I had better not utter those words into billion bushels and produced ethanol maintained by this Congress. The the CONGRESSIONAL RECORD, Mr. Speak- with it, around 9 billion gallons of eth- blenders credits have got to stay in er, but we have made significant anol. place, and we have got to maintain the progress. And the value added on this import duty on Brazilian ethanol, be- bushel of corn at about $5.50 turns into b 2130 cause if we take that off, we will be about $14 if we do this right, with no And, we get to add back in—that left building infrastructure to produce carbon footprint, a carbon plus instead 7.4 billion bushels for domestic con- more ethanol in a place like Brazil. of a carbon neutral. No downside on sumption, which is real close to the av- They can produce, they can build their this. And it takes half the energy to erage available for domestic consump- own infrastructure with their own cap- produce a Btu in the form of ethanol tion over the last 6 to 7 years, but half ital. We need to put capital back into out of the corn as compared to gasoline of the corn that went off to be pro- the corn belt and into the ag areas of out of crude oil. It takes a lot less duced into the 9 billion gallons of eth- the United States so that we can build water. anol gets added back into the formula out this renewable energy infrastruc- And, by the way, the water that it because it goes back into high-quality ture. If we do that, we will have an in- takes to grow the crop, the folks that animal feed. So, we end up with an ef- dustry there that will provide renew- are critical, they will say they will fective remaining amount of 9 billion able fuels over and over again. charge all the water off as if we irri- bushels of corn into the domestic mar- And the people that argue that corn gated that corn. About 12 percent of ket here in the United States where ethanol has a carbon footprint know the corn in America is irrigated; the the average previous years in the same the worst that you can say for it is it balance of it is just God’s watering it decade comes to about 7.6 billion bush- is carbon neutral, because the carbon for us. And so it is going to rain any- els of corn available for domestic con- that is sequestered by the photosyn- way. If it is going to rain anyway on sumption here in the United States. thesis is released, some of it, back in that field, you can’t charge that water So, we increase the supply of corn for the atmosphere in the form of CO2. But usage against ethanol production, Mr. domestic consumption even though we we can convert that CO2 into a useful Speaker. It defies common sense to see exported more corn than we had ever byproduct. We are in the process of de- such logical contortionisms going on exported before, even though we pro- veloping it. I believe we have the on the parts of the critics that will not duced 9 billion gallons of ethanol. And science to do that. We don’t have it up stand down here and lay out fact all of that, and we get the allegation to the industrial proven model yet. against fact against fact. made by the slightly informed that But I would argue this, Mr. Speaker: Facts are, we have more corn avail- food prices are up because we have That about $5.50 bushel a corn, by the able for domestic consumption than turned more corn into ethanol and that time we process not quite 3 gallons a ever before. We have exported more has hurt us. It has actually been a big bushel out of that corn into ethanol we corn than ever before. And, we have help. get about $7 worth of ethanol out of produced, we have turned more corn And what we can do is we can take that bushel of corn. And then when we into ethanol than ever before. We have that number and try to be logical add to that where through the done all of those things all in the same about it and realize that the high price fractionization process we crack out year, and the inflated costs of food has for food comes from two things. One is the germ, and out of the germ we take not related in a significant way to the the cheap dollar; the cheap dollar that the oil. And the oil, some of it is there, overall cost of grain. It is more related if we would take the price of energy it is for food grade consumption high to the cheaper dollar than it is the sup- up—if we would uphold the value of our quality oil that is worth about 85 cents ply and demand of the commodity dollar, shore up the value of our dollar, a pound now. And then we get a lower corn. we could take perhaps one-third of that grade oil that goes into biodiesel. And And so, Mr. Speaker, I submit that cost out. And so the gasoline that we so we could take the corn oil, some we are on the right path, and we need are paying $3.50 for today would be goes to human consumption, some goes to put more into the infrastructure and worth maybe about $2.15 if we could into biodiesel. That taking the corn oil we need to produce more ethanol. And, shore up the value of the dollar. Corn out allows then the remaining grain to if we can do that, we are helping to that sold cash in Iowa last week for $6 leave a residue for a dried distiller’s solve this problem. And, by the way, a bushel would be around $4 a bushel. grain that can then be digested by hogs food prices appreciated by about 4.9 Say it is 55 or 60 cash today, it would and poultry because the oil is out. It is percent over the last year. Energy take it down to below $4 a bushel if we the oil that gives them a problem. prices, Mr. Speaker, appreciated 18 per- could take one-third of that out by So if we do the fractionization proc- cent over the last year. And a signifi- shoring up the dollar. It would slow ess of the corn and take the germ out cant portion of the food price apprecia- down some of our exports and it would and take the oil out of the germ, when tion, the increase came because of en- change some of the equations, but it we are done, this is a more useful feed ergy price increases. The cost of energy would add more stability into overall than what it is today, it is more has a lot more to do with the cost of markets, and we should do that. versatile, because it can go to a lot of food than the supply and demand of But there is a great big future for different livestock where right today that food does, because an energy com- corn-based ethanol. And it is not a full cattle have an advantage. $7 worth of ponent goes into everything, the dis- solution by any means; and in fact, if I ethanol and a bushel of corn. tribution and the processing of it, as look at our corn production and look By the time you add up the dried dis- well as the raising of it. at our gasoline consumption, I have to tiller grain feed amount, and by the And so how high would gas be today think that somewhere in that 13 or 14 time we take the CO2 and convert that if you took 9 billion gallons off the percent category is about where we end into a useful byproduct by using photo- market as we put 9 billion of ethanol up, Mr. Speaker, of how much of the synthesis and converting it into bio- in? If you took that 9 billion gallons off gasoline in this country we can sub- diesel and the residue of that going the market, how much more costly stitute ethanol for. But that is a part back as a feed grain, we capture it all. would gasoline be today and how might of it. And if we can get 13 or 14 percent, We capture it all and roll it into some- it change the equation? it surely was worth it to start building thing useful. And the short back-of- I will submit, Mr. Speaker, that food wind chargers to produce electricity the-envelope calculation comes to is cheaper today because of corn-based

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.097 H29APPT1 smartinez on PROD1PC64 with HOUSE H2846 CONGRESSIONAL RECORD — HOUSE April 29, 2008 ethanol. And I would submit that the THE MIDDLE EAST b 2145 energy we have today is cheaper be- The SPEAKER pro tempore (Mr. But you are not quite sure how to do cause of corn-based ethanol; and, that MCNERNEY). Under the Speaker’s an- that. We are not collecting tin cans for this equation works out very good for nounced policy of January 18, 2007, the the troops. We are not storing or send- the farm bill, too, because, for exam- gentleman from Maryland (Mr. ing cans of food. We are not using less ple, in 2005, there is a government pro- GILCHREST) is recognized for 60 min- gasoline, although we should, to sup- gram, a subsidy that has been there utes. port the troops. What specifically are since the 1930s, it paid out in 2005 $6.8 Mr. GILCHREST. I thank the Speak- we doing as individual Americans to billion in counter-cyclical and loan de- er for yielding. support the troops and understand the ficiency payments. The counter-cycli- Mr. Speaker, tonight I would like to policy in which those troops are imple- cal and LDPs paid out a total of $6.5 talk to you and the American people mented? billion in 2005. By 2006, the subsequent about the troubled Middle East. I would suggest, Mr. Speaker, that year, commodity prices were up high American troops are serving in Iraq the listeners starting tonight turn the enough that that zeroed out. There was and Afghan as we speak. They are stun- television off every night for as long as no $6.8 billion going into counter- ningly competent and, to some extent, it takes to really understand, deeply cyclicals and LDPs. And if you charge they are implementing a policy that is understand the policy in Iraq. Under- stand the history, the intrigue, the vio- that all to ethanol demand—and I have flawed. lence, the complexity of the troubled already made the argument you don’t. America is behind the troops. Mem- area, the Middle East. So I would ask But if you do, if you sustain and you bers of Congress are behind the troops. the listeners, you might have some in- are on the side of this argument, Mr. We want to bring independence, a sense teresting shows you like to watch occa- Speaker, that it really was the con- of freedom and justice, certainly de- sionally, but I would ask the listeners sumption of corn through ethanol that mocracy to this troubled area of the to put on your calendars two hours drove up the price, then you have to world. But I think in order for us, the every night you are not going to watch also argue that the $6.8 billion in farm policymakers, to develop a policy that television. What are you going to do subsidies disappeared because of eth- is as competent as those troops are for those two hours, you are going to competent that carry out the policy, anol. support the troops. How are you going then there is some knowledge that we So, at no cost to the taxpayer and a to support the troops? You are going to need to acquire. So, what I would like program that had been there in some become knowledgeable in the issues in to do tonight is talk a little bit about form or another since the 1930s, we did which the troops are involved. You are the present crisis in Iraq and the way pay back in that same year $3 billion in going to become knowledgeable in the forward. blenders credit. So there was a net sav- issues that Members of Congress should In order to understand the present ings to the taxpayers of $3.8 billion out know and debate and come to some res- crisis in Iraq, and the way forward, of the $6.8 billion that was subsidized olution on. which, yes, we can say, can lead to sta- Here are the books. Number one, ‘‘A the year before. That is pretty good, bility, can lead to peace, respect for too. Letter to America,’’ very easily read. the rule of law, human dignity, justice It is a message of hope through dif- I don’t know of a way that we can do and democracy, we need to acquire in- ficult times by a former Senator from this calculation in a macro national formation to have a better under- Oklahoma, David Boren. ‘‘A Letter to perspective and not come up with corn- standing of that region and the present America.’’ Pick it up. You can read it based ethanol as a great big plus for crisis. in a day, but it will take a few nights. the country. It is more energy. It So what I would like to do is give a Take a look at it. You will have some doesn’t reduce our food supply, at least brief history of the Cold War and the understanding where this Nation is by the numbers that we have. Now, if United States’ involvement in that, right now in the 21st century. we go overboard, it can. And it doesn’t during the Cold War what was going on The next volume is a paperback by taken away from our export of corn. in the Middle East, touch on the James Baker and Lee Hamilton, you’ve We still exported more corn than ever present crisis that we are now seeing heard of it, Iraq Study Group. ‘‘The before. We have more corn available on since 2003, and then, how do we solve Iraq Study Group Report’’ gives a clear the market. It takes about half as this particular situation? vision on the way forward in Iraq. Take much energy to produce a Btu out of Before I get into that information, I a look at it. It is not very long either. corn at the ethanol plant as it does to would like to share with you, Mr. The next one is a little heavy reading produce a Btu of energy in the form of Speaker, and Americans where in part by Thomas Ricks. It is called ‘‘Fiasco.’’ gasoline at a refinery out of crude oil. some of this information I will give to It gets deep into the complexities of All of these numbers that I produced you tonight has come from. And so I why there are still continuing difficul- here are based in fact, and I can anchor would like the listeners, Mr. Speaker, ties in the war in Iraq especially. and I will say this twice during my ad- the foundation numbers down by lab- Just a thought about that. A few dress this evening. I would like them to oratory numbers, Mr. Speaker. This is years ago we saw ‘‘Mission Accom- get a piece of paper and a pencil, be- a picture of the real facts, and I chal- plished’’ on a huge aircraft carrier out cause I want them to write down the lenge those folks who disagree to come in the Pacific Ocean. I am not going to name of some of these books. There are up with something that is solid, a cal- make a comment about whether ‘‘Mis- not a lot of books. I am not talking culation. Give me something that is sion Accomplished’’ was appropriate or about 100 books or 50 books or 20 books, empirical. Don’t give me your feelings, not appropriate, but there was a re- although there are many out there. I don’t give me your senses. Don’t say, mark by a defense intelligence analyst am just talking about 10 books that gee, I just feel this or I feel that. Look right at that moment who said Israel can be easily read in a relatively short at the whole picture, look at the big won the war with the Arabs in 1967 in period of time. 6 days. They won that war in 6 days in picture, but look at the composition of And what I would ask the readers to 1967. Forty-one years later the struggle the numbers, build a formula there, do, or in this case if they read the continues. Read ‘‘Fiasco.’’ It gives you and see what it does for America. We books, the listeners, out across the some sense of the problems and dif- are on the right track, not the wrong landscape: You support the troops. You ficulties and mistakes that the policy- track. may have a son, a daughter, a father, a makers made in Iraq that the troops, I recognize that the gentleman is brother, a cousin, some relative, a stunningly competent, are trying to here from Maryland who has the next friend in Iraq or Afghanistan, and you implement. special order. In that case, and out of want America to rise up and support The next is by a retired marine gen- deference to him, I would, Mr. Speaker, the troops. You want America to rise eral, Tony Zinni, ‘‘The Battle for thank you for your attention here to- up and have a shared sacrifice in this Peace.’’ The struggle for peace in the night and I yield back the balance of huge endeavor that we are now in- Middle East will take everything we my time. volved with. have: a strong military, a strong and

VerDate Aug 31 2005 04:52 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.099 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2847 vibrant intelligence apparatus. But the to be very similar to our Declaration of loss of his son, we can paraphrase it thing that is vital in this particular Independence, much of the words writ- today and say: Old men should talk be- conflict is dialogue, consensus, talking ten by Thomas Jefferson. The name of fore they send young men to die. And to your friends and foes. the book is ‘‘Why Vietnam?’’ It gives that is what we should do. Number five is ‘‘Violent Politics’’ by you an understanding of the intrigue, And it is not just talking to Maliki William Polk. He worked for President the complexity, the foreign policy or our friends in Iraq, it is talking to Kennedy and President Johnson. ‘‘Vio- issues, the conflict issues, the eco- all of the different factions in Iraq, lent Politics.’’ It is not what we see nomic issues, the criminal issues, the whether they be Sunni or Shia or here arguing. ‘‘Violent Politics’’ is deception that was perpetrated in that Kurds or any of the other factions that about wars of insurgency when there is region of the world back in 1945. The are there. And we should also be talk- no dialogue and diplomacy has failed book goes from 1940 to 1954, ‘‘Why Viet- ing through dialogue with the Iranians and small groups of people supported nam?’’ Archimedes Patti. It will give and the Syrians. We should be talking by the population in the region con- you a fascinating understanding, along to the full length and breadth of people tinue to fight. It will give you an un- with these other books, about the in- in the Middle East because if we just derstanding what we are going through trigue, the complexity, the violence focus on a few over-simplified issues in right now in Afghanistan and Iraq. and sometimes the tragedy of how Iraq, the resolution will be long in Number six is by Trita Parsi, these very complex issues are handled. coming. ‘‘Treacherous Alliance.’’ It is a fas- The last book, Mr. Speaker, is called The Israelis won the 1967 war in 6 cinating book because it shows for 30 ‘‘Human Options’’ by Norman Cousins. days; 41 years later that conflict is still years the Israelis and the Iranians, the That is a book about choices and how a tragedy. Iranians who are Persian, not Arab, we make them, how we make decisions. Let’s take a look at the Cold War and speak Farsi, not Arabic, the Iranians I use that as the last book because I some of the incidents that occurred had a quiet alliance where they traded want to start our discussion tonight after World War II. We finally resolved oil for technology with Israel. Israel with two quotes from Norman Cousins’ the Korean War, at least to continue in was allied with Iran mainly because book ‘‘Human Options.’’ The first a dialogue for decades, but only after they had similar enemies. Israel was an quote is: ‘‘Knowledge is the solvent for 54,000 Americans were killed. And enemy of the Soviet Union; so was danger.’’ Knowledge is the solvent for many, many more wounded. Iran. Israel was an enemy of many danger. The more you know when you In the 1950s, Khrushchev said on a Arab countries; so was Iran. are going into any situation, you are number of occasions, the leader of the Book number seven, ‘‘All the Shah’s going to benefit from that knowledge. Soviet Union, pointing his finger at Men’’ by Stephen Kinzer. It is about Preparation, understanding, to develop Americans in the U.N., in speeches Iran and its relationship with Britain a policy, is so critical. around the Soviet Union and speeches and the United States in the 20th cen- The troops in Iraq are stunningly around Eastern Europe he said we will tury, mainly the first half of the 20th competent because they are prepared. bury the United States. Well, what was century, where Britain and the Anglo- They are trained. They learn things. President Eisenhower’s response to Persian Oil Company, which is now They know things. The integration of Khrushchev’s volatile rhetoric? Presi- British Petroleum, extracted huge integrity with their fellow soldiers, and dent Eisenhower invited Khrushchev to amounts of natural resources, mostly now their fellow Iraqi soldiers, and the the United States to have a dialogue. oil and natural gas from Iran without Iraqi citizens. The integration of integ- They visited cities and the suburbs. the Iranians knowing or being able to rity happens because they are pre- They visited factories and farms. They know how much was leaving and how pared. went throughout the United States, How prepared are the policymakers much they were being paid. It is a fas- and what was the sense of Americans in their knowledge, in their informa- cinating book about how the United when Eisenhower invited Khrushchev tion, in their ability to integrate their States made a mistake during the Cold to the United States, our number one integrity with their fellow members in War in its relationship with Iran which enemy with nuclear weapons pointing the international community? You as at America, what was America’s re- festered until 1979. American citizens can be knowledge- Number eight is ‘‘The Silence of the sponse to Eisenhower inviting the able and help resolve this conflict. Rational Center’’ by Halper and The next quote by Norman Cousins in enemy of this country here? America Clarke. Scholars and diplomats from his book ‘‘Human Options’’ is: ‘‘History welcomed Premier Khrushchev. Amer- great institutions in the United States, is a vast early warning system.’’ I have ica was relieved because now we can universities, including retired dip- heard for a long time about many con- have a dialogue and learn about each lomats, speak out about what America flicts we have experienced. Even in other. America responded in a positive needs to do in the 21st century, and Iraq, I hear many of the people in the fashion because they were sick of war, ‘‘The Silence of the Rational Center’’ administration who are retired or have World War II and Korea on its heels. are those people who have great infor- left the administration say, ‘‘If we only When Kennedy found out that there mation, have years and decades of ex- knew this in 2003.’’ ‘‘Well, if we knew were deployable nuclear weapons in perience in different areas of the world, that, we would have done things dif- Cuba pointing at the United States, 90 especially the Middle East, have been ferently.’’ I have heard that about the miles from our shore, those nuclear silent about a better way, more and Vietnam war for decades. missiles were minutes from the United better sophisticated policy. It is not ‘‘Well, if we knew back then what we States. What was Kennedy’s response? just enough to know something, you know now, things would be different.’’ Let’s quickly talk to the Soviets and have to act on that knowledge. That is a bad excuse. That is a bad ex- see if we can resolve this issue without Number nine is a fascinating book by cuse because if you are knowledgeable, war and conflict, without bloodletting. a man called Archimedes Patti who if you are prepared, if you want to Let’s resolve the issue, and the issue was in the OSS. That is the Office of know things, if you had a broad enough was resolved and the missiles were re- Strategic Services, the forerunner of mind to view the majesty of this com- moved. the CIA, who met Ho Chi Minh in 1945 plex world in all of its dimensions, you Communist China Mao Zedong said because Ho Chi Minh and the Viet would understand that hindsight is many times it would be worth for half Minh were helping the United States nothing more than understanding his- the population of China to die in a war track Japanese troop movements in tory to make better decisions. with the United States as long as we Southeast Asia because the French Rudyard Kipling, a British writer could get rid of the United States. This were not willing to do that for the whose son was killed tragically in was an enemy of the United States. United States. And Ho Chi Minh talked World War II in northern France re- What was America’s reaction when and discussed issues, including the solved his sadness by saying this: ‘‘Why Nixon went to China? They were re- wording of the soon-to-be-independent did young men die because old men lieved. They were glad. The bloodshed, Vietnam about their declaration of lied?’’ the violence, the sadness, the tragedy independence which Ho Chi Minh, talk- We can take Robert Kipling’s phrase is avoided through a dialogue, through ing with Archimedes Patti, wanted it to try to heal his soul because of the a conversation by learning how to see

VerDate Aug 31 2005 04:52 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.101 H29APPT1 smartinez on PROD1PC64 with HOUSE H2848 CONGRESSIONAL RECORD — HOUSE April 29, 2008 the world through the Chinese eyes, by only resolve the issues between the our allies, many of them said we should learning how to see the world through Shiia, the Sunnis and the Kurds in not have gone in to Iraq. One of our Khrushchev’s eyes, by learning how to Iraq, but how do we bring all of the strongest allies in the Middle East, see the world in all of its complexities Middle East together. Saudi Arabia, says that the U.S. war in and difficulties. How do we separate to the American Iraq is illegal. That’s really inter- mind the difference between the Shiia, b 2200 esting. the Kurds, the Sunnis, al Qaeda, and But we should understand, do we ever The other conflict that I have to the Taliban and Wahhabiism? They’re question them about that? Do we have mention here, Mr. Speaker, is the Viet- all very different forms of Islam. a dialogue with the Saudis about that? nam war. 58,000 Americans dead, well The Iranians, for example, are bitter The present crisis is still very dif- over 100,000 wounded. A million Viet- enemies of al Qaeda and the Taliban. ficult. Now, should we leave Iraq right namese dead. The Wahhabis, mostly in Saudi Arabia, now? Should we send all the U.S. Ho Chi Minh, a small, frail, sickly old are not bitter enemies of al Qaeda or troops down into Basra, bring Navy Vietnamese man, who wanted sov- the Taliban. The government of Saudi ships up there, load them on the ships ereignty from the French; he wanted Arabia may keep them at arm’s length, and bring them home? Should we do his independence. He was tired of but many of the Sunnis in Saudi Ara- that right away? French colonial rule. He was tired of bia, have a relationship with the Well, look what happened in Japanese oppression. He didn’t want Taliban and al Qaeda. Virtually nobody Mogadishu some years ago when the the British to come in and colonize an- in Iran has a relationship with al Americans left. It was chaos. There other section of Southeast Asia. He Qaeda and the Taliban. A pretty com- was rape, murder and mayhem. The wanted his freedom. plex place, the Middle East. The more criminals took over. We don’t want an- Because of that misunderstanding, we know about it the better able we other Mogadishu in Iraq. So we because we didn’t go to Hanoi and talk are to deal with it. shouldn’t leave right away. We need to to Ho Chi Minh; some Americans did The war in Iraq, it’s a war. There’s a be responsible about how we deal with but it never worked its way up to the war in Iraq. But ask this question. it. But as we gradually pull out, how White House, we had a conflict, we had Where are the munitions factories that many American troops do we leave? tragedy, we had war. We had a prob- we can bomb like we did in Germany And unless some of the politics are lem. and Japan and Italy? Where are the resolved, both in Iraq and the Middle The present crisis in Iraq, how do we large troop concentrations that can be East, we may have another French see it? decimated? Where are the supply lines Dien Bien Phu, 1954 Vietnam, when the Well, in the Middle East, three great that we can cut off? French pulled most of their troops out religions, for centuries, these religions It’s not that kind of war it’s a war of of Vietnam and the last remaining have lived together. They’ve shared joy insurgency. It’s a war of a few radical troops were surrounded by the Viet- and they’ve shared sorrow. For cen- people who are supported by the vast namese, and many Frenchmen lost turies there was laughter or there was population, by their tribes, by their their lives. blood letting. There was community or relatives, by people across the vast General Petraeus says there’s no there was death. It’s a complicated reaches of the Middle East. Political military solution in Iraq. Is there a po- place. violence is an insurgency, but it’s a dif- litical solution under the present cir- Faith, to each of these three world ferent kind of war. cumstances? religions, Judaism, Christianity and The present crisis in Iraq has taken If we just look at Iraq, like many of Islam, is an important part of everyday 34,000 American casualties. What does us do, just Iraq, there is no political so- life throughout the Middle East. They that mean? That means over 4,000 lution and there is no military solu- all come together in Jerusalem. They Americans are dead. Over 30,000 Ameri- tion. If we just look at Iraq in isola- all have an important part of that city cans are wounded and have lost limbs, tion, that’s simply not going to hap- that emanates throughout the Middle have lost good brain function, cannot pen. East. walk, have Post-traumatic Stress Syn- What we need to do is look at Iraq in In the Middle East, oil exports are drome. the broader context of the Middle East. the economy. Economic viability de- And what’s post-traumatic stress? American troops right now, it’s under- pends upon oil exports. Because of the It’s when you see pretty violent acts. stood, are the skeletal structure upon war in Iraq, because of the crash of the Someone is blown up, someone is shot which the entire Iraqi society depends, Soviet Union, because of the war in Af- and killed. You pull the trigger of your so you can’t pull them out. But how ghanistan, because of other problems, rifle and someone dies. That’s a pretty long do they stay? the geopolitical balance of power is traumatic act. Do you forget that? Not And if there’s no military solution, fractured right now. for the rest of your life. You come how do you deal with this politically? Who will be more influential in the home and that image comes in the Well, the first step is to understand Middle East? It’s not going to be Eu- forefront of your thoughts because of a the Middle East and what drives radi- rope. They pretty much left there after smell, a sound, something you see, cals to run to al Qaeda or the Taliban. World War II. Most of the countries do something you feel that will be with What drives Arab and Islamic fun- not want Russia. They feel that Russia, you for the rest of your life. damentalists to hate the United an atheistic country, has not found its Post-traumatic Stress Syndrome is States? soul yet. The Middle Eastern countries virtually 100 percent of anybody in The Palestinian Israeli question has don’t want China to have that much in- combat. Now, most are able to digest been going on since 1948. Palestine was fluence, because China, they know, is that and deal with it and go about created, Israel was created out of the after the resources. their daily lives and compartmentalize region, the former British protec- The geopolitical balance of power is those horrific incidents, but many are torate, Palestine, after the war, after fractured. Who still do the countries of not. the Holocaust, when the world felt that the Middle East look to for resolving Over $600 billion so far in the war in they needed to do something for the this and creating a better climate for a Iraq. How engaged are the Americans Jews who lost six million of their fel- balance of power for the economy, for in the war in Iraq? How often do they low citizens during World War II in an integrated security alliance similar discuss the issue at the mall, at the Nazi concentration camps. to what we have in NATO or SEATO or movies, at the grocery store, at par- Since 1948, the Arabs and the Pal- the Organization of American States or ties? How often is this issue discussed? estinians, the Palestinians and the the European Union or other places? There’s a sense of apprehension about Israelis have been fighting, since 1948. They still look to the United States. the war in Iraq. Americans are dis- So the United States needs to engage, And the world is still waiting for the turbed. They want it to end. But how as we’ve started, but more fully engage United States, since the focus of the engaged are we in the war in Iraq? as an objective arbitrator of the con- Middle East came after 9/11. They’re There’s global dissent. We look flict between the Palestinians and the still waiting to see how we can not around the globe, we look at many of Israelis. And the Arabs need to see

VerDate Aug 31 2005 04:52 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.102 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2849 that. We need to do that because it’s edge is the solvent for danger. Knowl- 1941. United States, Britain, and a the right thing to do. It’s the ethical edge. The more information we have, number of other countries right at the thing to do because both the Israelis the better off we’re going to be. very early stages of World War II and the Palestinians need and justly History is a vast early warning sys- signed something called the Atlantic deserve peace, the rule of law and to tem. We know the things that have Alliance. And what was the Atlantic raise their children out of harm’s way. worked in the past. Kennedy and Alliance? It was a commitment, an But the Arab world needs to see the Kruschev, it worked. It avoided war. agreement among many countries United States working on this issue in The collapse eventually of the Soviet around the world that people would a very objective fashion. Union. live in freedom, they would work for And we need to engage the Saudis, We did not have a dialogue with Ho economic prosperity in all the world, because the Saudis are Sunnis, and Chi Minh. And if we did we could have they would make sure people would there are Sunnis in Iraq, but there are avoided the tragedy of the war in Viet- live free of fear and want, and the list Shiias in Iraq. And the Saudis have nam. goes on. some fear that Iraq, if left unattended, And what is our policy in Iraq now The Atlantic Charter. What did the can become an Iranian satellite. And based on? What do you, the American Atlantic Charter lead to? It led to the the Iranians are Shiias. This sounds all people, understand our policy to be? union of the many regions of the world, pretty confusing, but it shouldn’t be Let’s take a look at Sam Rayburn, led to the North Atlantic Treaty Orga- confusing at this point. It’s year 2008. former Speaker of the House. Sam said, nization. It led to the Southeast Asian The war started in 2002. And so Ameri- ‘‘Any mule can kick a barn door down, Treaty Organization. It led to the Or- cans need to be more engaged in some but it takes a carpenter to build one.’’ ganization of American States in Latin of these issues. We need carpenters to build the dia- America. It was a commitment of na- The Saudis need to know that Iraq is log, the integration of integrity with tions that they would work together to not going to become an Iranian sat- all the world’s peoples. have dialogue and rule out the use of What did Rudyard Kipling say so ellite. And we need to assure them that force. that’s the case so they can work con- many years ago when his son tragically You know what Ho Chi Minh said structively with the Sunnis in Iraq. died in Northern France? ‘‘Why did about the Atlantic Charter in 1942 The Iraqis need to know that the young men die? Because old men lied?’’ when he heard about it? He said, I hope And why did old men lie? Maybe they Americans aren’t going to abandon it applies to Asians, meaning Viet- just didn’t know enough. them. But they also need to know namese, because they were still under To paraphrase Rudyard Kipling we’re not going to stay there for 100 the iron fist of the Japanese and the today, old people should talk. Old peo- years, certainly. They also need to French. You know what Ho Chi Minh ple should be carpenters, not mules, know that militarily, this conflict said in 1945? He said, I guess the Atlan- carpenters, before they send young which is an insurgency, is not going to tic Charter doesn’t apply to the Viet- men, young women, young people to be won unless there’s a political solu- namese people. die. tion. To me, that’s pretty sad. And the Iranians, who we should talk b 2215 1975, we signed the Helsinki Accords. to, need to know that the United The landscape of human history is A number of countries around Europe, States, eventually, will become one of tragically filled with conflicts. What is including the Soviet Union and most of their allies, and the United States will the main reason for these conflicts? Ig- Eastern European countries except Al- help the Iranians find a way to sta- norance, arrogance, and dogma. What bania. Helsinki Accords said basically bilize the mess in Iraq. does that combination lead to? I’m the same thing as the Atlantic Charter: Eisenhower said that there were right and you are wrong. Monstrous We would respect the integrity of the three things the United States needed certainty. Can you shoot your way territory of all of the states that to do in order to remain strong. Three. through that? How do you get through signed this; it would be peaceful settle- We needed a strong military, we needed that, that maze of complexity, of arro- ment of disputes and not armed inter- the best intelligence of the world we gance, ignorance, and dogma? action; we would not interfere in the could gather in the world, and the You replace ignorance with knowl- internal affairs of other countries; third leg of that stool was consensus edge, and you do that with knowledge there would be freedom of thought, and dialogue. and you do a consensus and you do it conscious, and religion; there would be We have the strongest military in the with dialogue. Arrogance is replaced equal rights for people. world. We should not be afraid to talk with humility. And generally, the more The Helsinki Accords, 1975, what did to anybody. We have the best intel- someone knows, the more humble they that do to oppressed people in Eastern ligence in the world, especially if it is are. And you get rid of dogma with tol- Europe and the Soviet Union when objectively analyzed. But we need to erance. they found out that the Soviet Union engage our enemies, as well as our We need a diplomatic surge in the signed that? They gradually, the coura- friends, in a conversation, in a dia- Middle East. That diplomatic surge geous ones, began to rise up, and even- logue. means that we have the best and the tually you saw the collapse of the So- When President Kennedy invited brightest diplomats in the world right viet Union. People in the Ukraine or Kruschev to the United States to talk here and now employed in the State Georgia or Poland or Czechoslovakia or about issues, this was not Chamberlain Department, employed in the Defense the former Yugoslavia, they saw the telling Hitler he could have a piece of Department, retired diplomats, retired Helsinki Accords, and they had a goal Czechoslovakia. This was not a com- generals. And they can integrate them- that they would reach out to. So the promise that started World War II. selves throughout the Middle East. Helsinki Accords gradually integrated When Kennedy brought Kruschev to They can talk about an economic alli- like-minded, peace-loving, freedom-lov- the United States it was from a posi- ance, a security alliance. They can talk ing people to begin exercising their tion of strength, and it was a dialogue about exchanging all kinds of medical God-given rights. and we avoided tragedy and death and and scientific and economic informa- 1949, one last comment about the suffering. Eisenhower and Kennedy, tion. past. The Geneva Conventions. The Richard Nixon did the same thing. We need to continue and let the international community came to- We should talk to the Iranians with- world know the drawdown in a respon- gether and signed the Geneva Conven- out any preconditions. This is not giv- sible, strategic fashion of our military tions about the treatment of people in ing in to the Iranians. This is showing presence in the Middle East. Work for conflicts. Not just uniformed soldiers. the rest of the world who the Iranians reconciliation among the different fac- This international agreement applied are and what the Iranians are really tions in the Middle East by integrating to anybody that was captured on a bat- like. The United States is bargaining those factions with a broader Middle tlefield and how that person was to be from a position of power. East. treated and how they were to be inter- Consensus and dialogue are the third Let’s look at some examples of the rogated and how they were be impris- leg of that three-legged stool. Knowl- past. oned, and it was based on some pretty

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.104 H29APPT1 smartinez on PROD1PC64 with HOUSE H2850 CONGRESSIONAL RECORD — HOUSE April 29, 2008 fundamental human rights. An inter- LEAVE OF ABSENCE as the ‘‘E. Arthur Gray Post Office Build- national agreement. ing’’. By unanimous consent, leave of ab- H.R. 3468. An act to designate the facility So people from around the world see sence was granted to: of the United States Postal Service located these things. They understand that Mr. DOGGETT (at the request of Mr. at 1704 Weeksville Road in Elizabeth City, there is hope; the way forward is to HOYER) for today and the balance of North Carolina, as the ‘‘Dr. Clifford Bell have knowledge. It’s to understand the the week on account of medical rea- Jones, Sr. Post Office’’. complexity of this world and see it in sons. H.R. 3532. An act to designate the facility of the United States Postal Service located all its vast, deep dimensions. Don’t Mr. HIGGINS (at the request of Mr. at 5815 McLeod Street in Lula, Georgia, as look at the world through a bent straw. HOYER) for April 23 through May 1 on That is the way too many of us see it. the ‘‘Private Johnathon Millican Lula Post account of a family emergency. Office’’. There’s vast opportunities. Mrs. DRAKE (at the request of Mr. H.R. 3720. An act to designate the facility I’m going to quote from a book that BOEHNER) for today on account of tour- of the United States Postal Service located you don’t have to read, it’s called ‘‘The ing Suffolk, Virginia, and other areas at 424 Clay Avenue in Waco, Texas, as the Ascent of Man’’ by Jacob Bronowski. in southeast Virginia affected by yes- ‘‘Army PFC Juan Alonso Covarrubias Post It’s actually a book about the evo- terday’s tornadoes. Office Building’’. H.R. 3803. An act to designate the facility lution of science and civilizations f of the United States Postal Service located going back to pre-history. But there’s a at 3100 Cashwell Drive in Goldsboro, North chapter in there about World War II. SPECIAL ORDERS GRANTED Carolina, as the ‘‘John Henry Wooten, Sr. Many of Jacob Bronowski’s relatives By unanimous consent, permission to Post Office Building’’. died in concentration camps in Ausch- address the House, following the legis- H.R. 3936. An act to designate the facility witz, and Bronowski has a paragraph: lative program and any special orders of the United States Postal Service located there are two parts to the human di- heretofore entered, was granted to: at 116 Helen Highway in Cleveland, Georgia, lemma, one is the belief that the end as the ‘‘ Sgt. Jason Harkins Post Office (The following Members (at the re- Building’’. justifies the means, that push-button quest of Ms. WOOLSEY) to revise and ex- H.R. 3988. An act to designate the facility philosophy that delivered deafness to tend their remarks and include extra- of the United States Postal Service located suffering that has become the monster neous material:) at 3701 Altamesa Boulevard in Fort Worth, in the war machine. Ms. WOOLSEY, for 5 minutes, today. Texas, as the ‘‘Master Sergeant Kenneth N. When we go to the mall, do we think Mr. ALLEN, for 5 minutes, today. Mack Post Office Building’’. H.R. 4166. An act to designate the facility about the war in Iraq, or is it silent to Mr. SPACE, for 5 minutes, today. of the United States Postal Service located us? Do we have conversations at the Mr. DEFAZIO, for 5 minutes, today. at 701 East Copeland Drive in Lebanon, Mis- dinner table about the war in Iraq, or (The following Members (at the re- souri, as the ‘‘Steve W. Allee Carrier do we talk about other things? Do we quest of Mr. POE) to revise and extend Annex’’. ever talk about the war in Iraq, or do their remarks and include extraneous H.R. 4203. An act to designate the facility we have a sense of deliberate deafness material:) of the United States Postal Service located to suffering? Do we think the war ma- Mr. POE, for 5 minutes, May 5 and 6. at 3035 Stone Mountain Street in Lithonia, Georgia, as the ‘‘Specialist Jamaal RaShard chine is going to take care of it? Mr. WELLER of Illinois, for 5 minutes, Addison Post Office Building’’. The other aspect of human dilemma today and April 30. H.R. 4211. An act to designate the facility is that too often, tragically, nations Mr. JONES of North Carolina, for 5 of the United States Postal Service located become a nation of ghosts, obedient minutes, May 5 and 6. at 725 Roanoke Avenue in Roanoke Rapids, ghosts or tortured ghosts. That means Mr. BURTON of Indiana, for 5 minutes, North Carolina, as the ‘‘Judge Richard B. you’re not a whole human being. You today, April 30, and May 1. Allsbrook Post Office’’. go through life almost imperceptible. Mr. FORBES, for 5 minutes, today. H.R. 4240. An act to designate the facility of the United States Postal Service located What is your value? What is your con- Mr. WESTMORELAND, for 5 minutes, today. at 10799 West Alameda Avenue in Lakewood, tribution? How do you make that con- Colorado, as the ‘‘Felix Sparks Post Office tribution? Mr. FRANKS of Arizona, for 5 minutes, Building’’. So those two dilemmas can be re- April 30 and May 1. H.R. 4286. An act to award a congressional solved by listening to the sound and Mr. FLAKE, for 5 minutes, April 30. gold medal to Daw Aung San Suu Kyi in rec- the voices of tragedy and then becom- f ognition of her courageous and unwavering ing knowledgeable and begin learning commitment to peace, nonviolence, human SENATE BILL AND CONCURRENT rights, and democracy in Burma. that you, too, can do something. RESOLUTIONS REFERRED H.R. 4454. An act to designate the facility So over the next few months, turn of the United States Postal Service located the television off. You want to commit A bill and a concurrent resolution of at 3050 Hunsinger Lane in Louisville, Ken- yourself to helping the soldiers in Iraq, the Senate of the following titles were tucky, as the ‘‘Iraq and Afghanistan Fallen the people of Iraq, the people in Af- taken from the Speaker’s table and, Military Heroes of Louisville Memorial Post ghanistan, the tragedy of human his- under the rule, referred as follows: Office Building’’, in honor of the servicemen and women from Louisville, Kentucky, who tory that plagues us so often where S. 2829. An Act to make technical corrections to section 1244 of the National Defense died in service during Operation Enduring there is ignorance, arrogance, and Freedom and Operation Iraqi Freedom. dogma. ‘‘A Letter to America,’’ David Authorization Act for Fiscal Year 2008, which provides special immigrant status for H.R. 5135. An act to designate the facility Boren. ‘‘A Letter to America.’’ ‘‘The certain Iraqis, and for other purposes; the of the United States Postal Service located Iraq Study Group,’’ James Baker, Lee Committee on the Judiciary. at 201 West Greenway Street in Derby, Kan- Hamilton; ‘‘Fiasco,’’ Thomas Ricks; S. Con. Res. 74. Concurrent resolution hon- sas, as the ‘‘Sergeant Jamie O. Maugans Post ‘‘The Battle for Peace,’’ Tony Zinni; oring the Prime Minister of Ireland, Bertie Office Building’’. H.R. 5220. An act to designate the facility Ahern, for his service to the people of Ireland ‘‘Violent Politics,’’ William Polk; of the United States Postal Service located and to the world and welcoming the Prime ‘‘Treacherous Alliance,’’ Trita Parsi; at 3800 SW. 185th Avenue in Beaverton, Or- Minister to the United States; the Com- ‘‘All the Shah’s Men,’’ Steve Kinzer; egon, as the ‘‘Major Arthur Chin Post Office mittee on Foreign Affairs. ‘‘The Silence of the Rational Center,’’ Building’’. Halper and Clarke; ‘‘Why Vietnam?’’ by f H.R. 5400. An act to designate the facility of the United States Postal Service located Archimedes Patti; ‘‘Human Options,’’ ENROLLED BILLS SIGNED Norman Cousins. at 160 East Washington Street in Chagrin Falls, Ohio, as the ‘‘Sgt. Michael M. I wish you well in your reading. Ms. Lorraine C. Miller, Clerk of the House, reported and found truly en- Kashkoush Post Office Building’’. Thank you, Mr. Speaker. rolled bills of the House of the fol- H.R. 5472. An act to designate the facility The SPEAKER pro tempore. Does the of the United States Postal Service located lowing titles, which were thereupon at 2650 Dr. Martin Luther King Jr. Street, In- gentleman yield the balance of his signed by the Speaker: time? dianapolis, Indiana, as the ‘‘Julia M. Carson H.R. 3196. An act to designate the facility Post Office Building’’. Mr. GILCHREST. I yield the balance of the United States Postal Service located H.R. 5489. An act to designate the facility of my time. at 20 Sussex Street in Port Jervis, New York, of the United States Postal Service located

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K29AP7.105 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2851 at 6892 Main Street in Gloucester, Virginia, 1215-AB65) received April 9, 2008, pursuant to tional Oceanic and Atmospheric Administra- as the ‘‘Congresswoman JoAnn S. Davis Post 5 U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final Office’’. Oversight and Government Reform. rule — Fisheries of the Exclusive Economic 6294. A letter from the Assistant Secretary f Zone Off Alaska; Reallocation of Pacific Cod — Land and Minerals Management, Depart- in the Bering Sea and Aleutian Islands Man- ADJOURNMENT ment of the Interior, transmitting the De- agement Area [Docket No. 070213033-7033-01] partment’s final rule — Outer Continental Mr. GILCHREST. Mr. Speaker, I (RIN: 0648-XF95) received April 10, 2008, pur- Shelf Regulations-Technical Corrections suant to 5 U.S.C. 801(a)(1)(A); to the Com- move that the House do now adjourn. [Docket ID: MMS-2007-0MM-0070] (RIN: 1010- mittee on Natural Resources. The motion was agreed to; accord- AD49) received April 15, 2008, pursuant to 5 6303. A letter from the Acting Director Of- ingly (at 10 o’clock and 24 minutes U.S.C. 801(a)(1)(A); to the Committee on Nat- fice of Sustainable Fisheries, NMFS, Na- p.m.), the House adjourned until to- ural Resources. tional Oceanic and Atmospheric Administra- morrow, Wednesday, April 30, 2008, at 6295. A letter from the Assistant Secretary tion, transmitting the Administration’s final 10 a.m. — Land and Minerals Management, Depart- rule — Fisheries of the Exclusive Economic ment of the Interior, transmitting the De- Zone Off Alaska; Pollock in Statistical Area f partment’s final rule — Incorporate Amer- 610 of the Gulf of Alaska [Docket No. EXECUTIVE COMMUNICATIONS, ican Petroleum Institute Hurricane Bul- 071106671-8010-02] (RIN: 0648-XG19) received letins [Docket ID: MMS-2007-OMM-0060] ETC. April 10, 2008, pursuant to 5 U.S.C. (RIN: 1010-AD48) received April 15, 2008, pur- 801(a)(1)(A); to the Committee on Natural Under clause 8 of rule XII, executive suant to 5 U.S.C. 801(a)(1)(A); to the Com- Resources. communications were taken from the mittee on Natural Resources. 6304. A letter from the Chief, Publications 6296. A letter from the Acting Director Of- Speaker’s table and referred as follows: and Regulations Branch, Internal Revenue fice of Sustainable Fisheries, NMFS, Na- Service, transmitting the Service’s final rule 6286. A letter from the Congressional Re- tional Oceanic and Atmospheric Administra- view Coordinator, Department of Agri- tion, transmitting the Administration’s final — Update for Weighted Average Interest culture, transmitting the Department’s final rule — Fisheries of the Economic Exclusive Rates, Yield Curves, and Segment Rates [No- rule — Tuberculosis in Cattle and Bison; Zone Off Alaska; Shallow-Water Species tice 2008-45] received April 9, 2008, pursuant State and Zone Designations; Minnesota Fishery by Vessels Using Trawl Gear in the to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. APHIS-2008-0037] received April Gulf of Alaska [Docket No. 071106671-8010-02] Ways and Means. 10, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to (RIN: 0648-XG28) received April 10, 2008, pur- 6305. A letter from the Program Manager, the Committee on Agriculture. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Health and Human Services, 6287. A letter from the Director, Regu- mittee on Natural Resources. transmitting the Department’s final rule — latory Management Division, Environmental 6297. A letter from the Acting Director Of- Medicare and Medicaid Programs; Conditions Protection Agency, transmitting the Agen- fice of Sustainable Fisheries, NMFS, Na- for Coverage for End-Stage Renal Disease cy’s final rule — Lead; Renovation, Repair, tional Oceanic and Atmospheric Administra- Facilities [CMS-3818-F] (RIN: 0938-AG82) re- and Painting Program [EPA-HQ-OPPT-2005- tion, transmitting the Administration’s final ceived April 8, 2008, pursuant to 5 U.S.C. 0049; FRL-8355-7] (RIN: 2070-AC83) received rule — Fisheries of the Exclusive Economic 801(a)(1)(A); jointly to the Committees on April 11, 2008, pursuant to 5 U.S.C. Zone Off Alaska; Pollock in Statistical Area Energy and Commerce and Ways and Means. 801(a)(1)(A); to the Committee on Energy and 610 of the Gulf of Alaska [Docket No. f Commerce. 071106671-8010-02] (RIN: 0648-XG08) received 6288. A letter from the Director, Regu- April 10, 2008, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON latory Management Division, Environmental 801(a)(1)(A); to the Committee on Natural PUBLIC BILLS AND RESOLUTIONS Protection Agency, transmitting the Agen- Resources. 6298. A letter from the Deputy Assistant Under clause 2 or rule XIII, reports of cy’s final rule — Approval and Promulgation committees were delivered to the Clerk of Implementation Plans; New York [Docket Administrator for Operations, NMFS, Na- No. EPA-R02-OAR-2008-0011, FRL-8554-8] re- tional Oceanic and Atmospheric Administra- for printing and reference to the proper ceived April 11, 2008, pursuant to 5 U.S.C. tion, transmitting the Administration’s final calendar, as follows: 801(a)(1)(A); to the Committee on Energy and rule — Fisheries of the Exclusive Economic Mr. OBERSTAR: Committee on Transpor- Commerce. Zone Off Alaska; Prohibited Species Bycatch tation and Infrastructure. House Resolution 6289. A letter from the Legal Advisor/Chief, Management [Docket No. 070816465-8008-02] 964. Resolution to promote the safe operation Wireless Telecom. Bureau, Federal Commu- (RIN: 0648-AV96) received April 10, 2008, pur- of 15-passenger vans; with amendments nications Commission, transmitting the suant to 5 U.S.C. 801(a)(1)(A); to the Com- (Rept. 110–608). Referred to the House Cal- Commission’s final rule — In the Matter of mittee on Natural Resources. endar. Biennial Regulatory Review — Amendment 6299. A letter from the Acting Director Of- Mr. RAHALL: Committee on Natural Re- fice of Sustainable Fisheries, NMFS, Na- of Parts 1, 22, 24, 27 and 90 to Streamline and sources. H.R. 3490. A bill to transfer adminis- tional Oceanic and Atmospheric Administra- Harmonize Various Rules Affecting Wireless trative jurisdiction of certain Federal lands tion, transmitting the Administration’s final Radio Services [WT Docket No. 03-264] re- from the Bureau of Land Management to the rule — Fisheries of the Exclusive Economic ceived April 15, 2008, pursuant to 5 U.S.C. Bureau of Indian Affairs, to take such lands Zone Off Alaska; Pacific Cod by Catcher Ves- 801(a)(1)(A); to the Committee on Energy and into trust for Tuolumne Band of Me-Wuk In- sels Using Trawl Gear in the Bering Sea and Commerce. dians of the Tuolumne Rancheria, and for Aleutian Islands Management Area [Docket 6290. A letter from the Director, Office of other purposes; with an amendment (Rept. No. 071106673-8011-02] (RIN: 0648-XG17) re- Enforcement, Federal Energy Regulatory 110–609). Referred to the Committee of the ceived April 10, 2008, pursuant to 5 U.S.C. Commission, transmitting the Commission’s Whole House on the State of the Union. 801(a)(1)(A); to the Committee on Natural final rule — Revisions to Forms, Statements, Resources. Mr. RAHALL: Committee on Natural Re- and Reporting Requirements for Natural Gas 6300. A letter from the Director Office of sources. H.R. 3522. A bill to ratify a convey- Pipelines [RM07-9-000] received April 10, 2008, Sustainable Fisheries, NMFS, National Oce- ance of a portion of the Jicarilla Apache Res- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- anic and Atmospheric Administration, trans- ervation to Rio Arriba County, State of New mittee on Energy and Commerce. mitting the Administration’s final rule — Mexico, pursuant to the settlement of litiga- 6291. A letter from the Director, Office of Fisheries of the Exclusive Economic Zone tion between the Jicarilla Apache Nation Congressional Affairs, Nuclear Regulatory Off Alaska; Pollock in Statistical Area 630 in and Rio Arriba County, State of New Mexico, Commission, transmitting the Commission’s the Gulf of Alaska [Docket No. 071106671-8010- to authorize issuance of a patent for said final rule — Conduct of New Reactor Licens- 02] (RIN: 0648-XG09) received April 10, 2008, lands, and to change the exterior boundary ing Proceedings; Final Policy Statement — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the Jicarilla Apache Reservation accord- received April 18, 2008, pursuant to 5 U.S.C. mittee on Natural Resources. ingly, and for other purposes (Rept. 110–610). 801(a)(1)(A); to the Committee on Energy and 6301. A letter from the Director Office of Referred to the Committee of the Whole Commerce. Sustainable Fisheries, NMFS, National Oce- House on the State of the Union. 6292. A letter from the Assistant Secretary anic and Atmospheric Administration, trans- Mr. RAHALL: Committee on Natural Re- Legislative Affairs, Department of State, mitting the Administration’s final rule — sources. S. 2457. An act to provide for exten- transmitting the Determination and Memo- Fisheries of the Exclusive Economic Zone sions of leases of certain land by randum of Justification on the provision of Off Alaska; Pacific Cod by Vessels Catching Mashantucket Pequot (Western) Tribe (Rept. financial assistance for Sudan; to the Com- Pacific Cod for Processing by the Offshore 110–611). Referred to the Committee of the mittee on Foreign Affairs. Component in the Western Regulatory Area Whole House on the State of the Union. 6293. A letter from the Deputy Assistant of the Gulf of Alaska [Docket No. 071106671- Ms. SLAUGHTER: Committee on Rules. Secretary, OFCCP, Department of Labor, 8010-02] (RIN: 0648-XG12) received April 10, House Resolution 1156. Resolution providing transmitting the Department’s final rule — 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the for consideration of the Senate amendment Nondiscrimination and Affirmative Action Committee on Natural Resources. to the bill (H.R. 493) to prohibit discrimina- Obligations of Contractors and Subcontrac- 6302. A letter from the Acting Director Of- tion on the basis of genetic information with tors Regarding Protected Veterans (RIN: fice of Sustainable Fisheries, NMFS, Na- respect to health insurance and employment

VerDate Aug 31 2005 03:34 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.057 H29APPT1 smartinez on PROD1PC64 with HOUSE H2852 CONGRESSIONAL RECORD — HOUSE April 29, 2008 (Rept. 110–612). Referred to the House Cal- health insurance purchasing pool for small H. Con. Res. 336. Concurrent resolution endar. businesses and the self-employed that would honoring the sacrifices and contributions Mr. MCGOVERN: Committee on Rules. offer a choice of private health plans and made by disabled American veterans; to the House Resolution 1157. Resolution providing make health coverage more affordable, pre- Committee on Veterans’ Affairs. for consideration of the bill (H.R. 5522) to re- dictable, and accessible; to the Committee By Mr. ALLEN (for himself, Mr. quire the Secretary of Labor to issue interim on Energy and Commerce, and in addition to TOWNS, Mr. CROWLEY, Mr. MICHAUD, and final occupational safety and health the Committees on Education and Labor, Mr. WEXLER, Mr. BLUMENAUER, Mr. standards regarding worker exposure to com- Ways and Means, and Rules, for a period to MCGOVERN, Ms. SUTTON, Mr. bustible dust, and for other purposes (Rept. be subsequently determined by the Speaker, MCDERMOTT, Mr. FARR, Mrs. CAPPS, 110–613). Referred to the House Calendar. in each case for consideration of such provi- Mr. ACKERMAN, Mr. WAXMAN, Mrs. f sions as fall within the jurisdiction of the TAUSCHER, Mr. LEWIS of Georgia, Mr. committee concerned. MEEKS of New York, Mr. AL GREEN of PUBLIC BILLS AND RESOLUTIONS By Ms. ROYBAL-ALLARD: Texas, Ms. JACKSON-LEE of Texas, Under clause 2 of rule XII, public H.R. 5919. A bill to make technical correc- Mr. ENGEL, Mr. ISRAEL, Mr. bills and resolutions were introduced tions regarding the Newborn Screening DELAHUNT, Mrs. DAVIS of California, and severally referred, as follows: Saves Lives Act of 2007; to the Committee on Mr. ROTHMAN, Mr. BERMAN, Mr. Energy and Commerce. UDALL of Colorado, Mr. OLVER, Ms. By Mr. FLAKE (for himself, Mr. DEAL By Mr. BROUN of Georgia: EDDIE BERNICE JOHNSON of Texas, Mr. of Georgia, Mr. ROHRABACHER, Mr. H.R. 5920. A bill to direct the Attorney LEVIN, Mr. ELLISON, Mr. TANNER, Mr. BROUN of Georgia, and Mr. STARK): General to establish a system of background MILLER of North Carolina, Mr. MAR- H.R. 5911. A bill to repeal certain incen- checks for employers and employees of the KEY, Mr. COHEN, Mr. HINCHEY, Mr. tives and subsidies for renewable fuels; to electronic life safety and security system in- DINGELL, Mr. HASTINGS of Florida, the Committee on Ways and Means, and in stallation and monitoring industry, and for Ms. ROS-LEHTINEN, Ms. SCHWARTZ, addition to the Committee on Energy and other purposes; to the Committee on the Ju- Mr. SCOTT of Georgia, Mr. GRIJALVA, Commerce, for a period to be subsequently diciary. Mr. FRANK of Massachusetts, Mr. determined by the Speaker, in each case for By Ms. ZOE LOFGREN of California consideration of such provisions as fall with- FORTENBERRY, Mr. BURTON of Indi- (for herself and Mr. GOODLATTE): in the jurisdiction of the committee con- ana, and Mr. CHABOT): H.R. 5921. A bill to amend the Immigration H. Con. Res. 337. Concurrent resolution cerned. and Nationality Act to eliminate the per honoring Seeds of Peace for its 15th anniver- By Mr. MCHUGH (for himself, Mr. WAX- country level for employment-based immi- sary as an organization promoting under- MAN, Mr. DAVIS of Illinois, Mr. TOM grants and to end the spill-over of unused standing, reconciliation, acceptance, coexist- DAVIS of Virginia, Mrs. CAPPS, and immigrant visa numbers between employ- ence, and peace in the Middle East, South Mr. MORAN of Virginia): ment-based and family-sponsored categories; Asia, and other regions of conflict; to the H.R. 5912. A bill to amend title 39, United to the Committee on the Judiciary. Committee on Foreign Affairs. States Code, to make cigarettes and certain By Mr. MORAN of Virginia: By Ms. WATERS (for herself, Mr. BACA, other tobacco products nonmailable, and for H.R. 5922. A bill to amend title 5, United Mr. BECERRA, Mr. BERMAN, Mr. other purposes; to the Committee on Over- States Code, to provide that a Federal em- BILBRAY, Mrs. BONO MACK, Mr. CAL- sight and Government Reform. ployee may use up to 2 days of sick leave a VERT, Mr. CAMPBELL of California, By Ms. LINDA T. SA´ NCHEZ of Cali- year in the performance of community serv- Mrs. CAPPS, Mr. CARDOZA, Mr. COSTA, fornia (for herself, Mr. CONYERS, Ms. ice; to the Committee on Oversight and Gov- Mrs. DAVIS of California, Mr. DREIER, ZOE LOFGREN of California, Mr. ernment Reform. Ms. ESHOO, Mr. FARR, Mr. FILNER, COHEN, and Mr. GRIJALVA): By Mr. SHADEGG (for himself, Mrs. H.R. 5913. A bill to amend title 28, United Mr. GALLEGLY, Ms. HARMAN, Mr. MUSGRAVE, Mr. WAMP, Mr. AKIN, Mr. States Code, to provide for service of process HONDA, Ms. LEE, Mr. LEWIS of Cali- CAMPBELL of California, Mr. DAVID over foreign nationals in cases involving de- fornia, Ms. ZOE LOFGREN of Cali- DAVIS of Tennessee, Mr. KINGSTON, fective products causing injury in the United fornia, Mr. DANIEL E. LUNGREN of Mr. GINGREY, Mr. MARCHANT, Mr. States, and for other purposes; to the Com- California, Ms. MATSUI, Mr. MCCAR- ISSA, Mr. PENCE, Mr. FRANKS of Ari- mittee on the Judiciary. THY of California, Mr. MCKEON, Mr. zona, Mr. FORTUN˜ O, Mr. PITTS, Mr. By Mr. KANJORSKI: MCNERNEY, Mr. GEORGE MILLER of H.R. 5914. A bill to clarify the authority of WILSON of South Carolina, Mr. BROWN California, Mrs. NAPOLITANO, Ms. the Federal Financing Bank to purchase of South Carolina, Mr. BARTLETT of RICHARDSON, Mr. ROHRABACHER, Ms. loans guaranteed under part B of title IV of Maryland, Mr. SOUDER, and Mr. ROYBAL-ALLARD, Ms. LINDA T. the Higher Education Act of 1965, and for FEENEY): SA´ NCHEZ of California, Ms. LORETTA other purposes; to the Committee on Finan- H.R. 5923. A bill to amend the Internal Rev- SANCHEZ of California, Mr. SCHIFF, cial Services. enue Code of 1986 to allow individuals a re- Mr. SHERMAN, Ms. SOLIS, Ms. SPEIER, By Mr. DANIEL E. LUNGREN of Cali- fundable and advancable credit against in- Mr. STARK, Mrs. TAUSCHER, Mr. fornia: come tax for health insurance costs, to allow THOMPSON of California, Ms. WATSON, H.R. 5915. A bill to amend the Homeland employees who elect not to participate in Mr. WAXMAN, Ms. WOOLSEY, Mr. GARY Security Act of 2002 to require motor vehicle employer subsidized health plans an exclu- G. MILLER of California, Mr. RADANO- operators transporting security sensitive sion from gross income for employer pay- VICH, Mr. ROYCE, Mr. ISSA, and Mr. material in commerce to obtain a transpor- ments in lieu of such participations, and for HUNTER): tation security card from the Secretary of other purposes; to the Committee on Energy H. Con. Res. 338. Concurrent resolution rec- Homeland Security, and for other purposes; and Commerce, and in addition to the Com- ognizing the Honorable Yvonne Brathwaite to the Committee on Homeland Security. mittees on Ways and Means, and Education Burke for her distinguished career in public By Mr. BERMAN (for himself, Ms. ROS- and Labor, for a period to be subsequently service; to the Committee on House Admin- LEHTINEN, Mr. SHERMAN, and Mr. determined by the Speaker, in each case for istration. MANZULLO): consideration of such provisions as fall with- By Mr. ROSS: H.R. 5916. A bill to reform the administra- in the jurisdiction of the committee con- H. Res. 1155. A resolution honoring the re- tion of the Arms Export Control Act, and for cerned. cipients of the El Dorado Promise scholar- other purposes; to the Committee on Foreign By Mr. WEXLER (for himself and Mr. ship; to the Committee on Education and Affairs. SENSENBRENNER): Labor. By Mr. KNOLLENBERG (for himself, H.R. 5924. A bill to provide relief for the By Mr. BOOZMAN (for himself, Mr. Mr. UPTON, Mr. ROGERS of Michigan, shortage of nurses in the United States, and ROSS, Mr. SNYDER, and Mr. BERRY): and Mr. MCCOTTER): for other purposes; to the Committee on the H. Res. 1158. A resolution recognizing the H.R. 5917. A bill to provide for the coordi- Judiciary, and in addition to the Committee 100th anniversary of the establishment of the nation of efforts in the development of viable on Energy and Commerce, for a period to be Ozark National Forest in Arkansas; to the efficient alternative fuel technologies; to the subsequently determined by the Speaker, in Committee on Natural Resources. Committee on Science and Technology, and each case for consideration of such provi- By Mr. CUMMINGS (for himself, Mr. in addition to the Committees on Ways and sions as fall within the jurisdiction of the MEEKS of New York, Mr. BERMAN, Mr. Means, Oversight and Government Reform, committee concerned. BISHOP of Georgia, Ms. CORRINE Energy and Commerce, and Transportation By Ms. WOOLSEY (for herself and Mr. BROWN of Florida, Mr. BURTON of In- and Infrastructure, for a period to be subse- SHAYS): diana, Mr. BUTTERFIELD, Mr. CARSON, quently determined by the Speaker, in each H.R. 5925. A bill to establish a fund to sup- Mr. DAVIS of Illinois, Mr. case for consideration of such provisions as port international efforts for political rec- FALEOMAVAEGA, Mr. FATTAH, Mr. FIL- fall within the jurisdiction of the committee onciliation in Iraq, and for other purposes; to NER, Mr. FORTUN˜ O, Ms. LEE, Mr. MAR- concerned. the Committee on Foreign Affairs. KEY, Mr. MCGOVERN, Mr. PAYNE, Mr. By Mr. BARROW: By Mr. ALTMIRE (for himself, Mr. ROTHMAN, Mr. RUPPERSBERGER, Mr. H.R. 5918. A bill to amend the Public LYNCH, Mr. BOOZMAN, and Mr. BILI- RUSH, Mr. SMITH of New Jersey, Mr. Health Service Act to establish a nationwide RAKIS): SARBANES, Mr. SNYDER, Mr. STARK,

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Mr. TOWNS, Ms. WATSON, Mr. WYNN, H.R. 21: Mr. ANDREWS. H.R. 2045: Mr. CARSON. Ms. JACKSON-LEE of Texas, and Mrs. H.R. 96: Ms. DEGETTE. H.R. 2053: Mrs. BLACKBURN, Mr. EVERETT, CHRISTENSEN): H.R. 111: Ms. SUTTON and Mr. FOSTER. and Mr. CARSON. H. Res. 1159. A resolution recognizing the H.R. 135: Mr. HINOJOSA and Mr. CALVERT. H.R. 2092: Mr. CARSON and Ms. VELA´ ZQUEZ. historical significance of the United States H.R. 139: Mr. SHUSTER. H.R. 2140: Mr. CARSON. sloop-of-war Constellation as a surviving H.R. 154: Mr. HINOJOSA. H.R. 2158: Mr. PITTS. witness to the horrors of the Transatlantic H.R. 191: Mr. PITTS. H.R. 2167: Mr. LEWIS of Georgia. Slave Trade and a leading participant in H.R. 303: Mr. SALI and Mr. CARSON. H.R. 2172: Mr. CARSON. America’s effort to end the practice; to the H.R. 436: Mrs. MYRICK. H.R. 2188: Mr. UPTON, Mr. BRADY of Penn- Committee on Foreign Affairs. H.R. 549: Mr. CARNEY. sylvania, and Mr. HINCHEY. By Mr. ENGLISH of Pennsylvania: H.R. 552: Ms. MOORE of Wisconsin, Mr. CAS- H.R. 2205: Mr. BROWN of South Carolina, H. Res. 1160. A resolution authorizing TLE, Mr. ISRAEL, Mr. BRADY of Pennsylvania, Mr. CARSON, and Mr. BACA. Members of the House of Representatives to Mr. RYAN of Ohio, and Mrs. MCMORRIS ROD- H.R. 2219: Mr. CARSON. use funds provided for official and represen- GERS. H.R. 2221: Mr. AL GREEN of Texas. tational duties to sponsor and conduct aca- H.R. 594: Mr. FATTAH and Mr. WALZ of Min- H.R. 2236: Mr. MEEKS of New York. demic and community service competitions nesota. H.R. 2244: Mr. CARSON. among elementary and secondary school stu- H.R. 646: Mr. CARSON. H.R. 2266: Ms. MOORE of Wisconsin. dents in their Congressional districts and to H.R. 662: Mr. FILNER. H.R. 2268: Mrs. CAPPS, Mr. JONES of North permit the use of the facilities of their of- H.R. 688: Mr. FERGUSON and Mr. CARTER. Carolina, Mr. BACA, Mr. HERGER, Mr. WELCH fices in support of the activities of chari- H.R. 728: Mr. SHAYS. of Vermont, Mr. WESTMORELAND, Mr. KLINE table organizations; to the Committee on H.R. 748: Mrs. NAPOLITANO, Ms. SHEA-POR- of Minnesota, Mr. BISHOP of Georgia, Mr. House Administration. TER, Ms. EDDIE BERNICE JOHNSON of Texas, DAVID DAVIS of Tennessee, Mr. HENSARLING, By Mrs. LOWEY: Mr. SPACE, Ms. DEGETTE, Ms. MATSUI, and Mr. TOWNS, Mr. MARIO DIAZ-BALART of Flor- H. Res. 1161. A resolution encouraging Mr. BROWN of South Carolina. ida, Mr. MORAN of Kansas, and Ms. State and local governments to establish H.R. 821: Mr. BACA. WASSERMAN SCHULTZ. plastic bag recycling programs; to the Com- H.R. 826: Mr. FORTUN˜ O. H.R. 2325: Ms. GINNY BROWN-WAITE of Flor- mittee on Energy and Commerce. H.R. 882: Mr. BARRETT of South Carolina, ida. By Mrs. MCCARTHY of New York (for Ms. BERKLEY, Mr. FRELINGHUYSEN, Mr. H.R. 2353: Mr. CARSON. herself, Mr. GEORGE MILLER of Cali- SCHIFF, and Mrs. BACHMANN. H.R. 2370: Ms. BERKLEY and Mr. TIM MUR- fornia, and Mr. PLATTS): H.R. 991: Mrs. BACHMANN. PHY of Pennsylvania. H. Res. 1162. A resolution supporting the H.R. 1022: Mr. PRICE of North Carolina and H.R. 2371: Mr. ROTHMAN. goals and ideas of a National Child Care Wor- Mr. MEEK of Florida. H.R. 2380: Mr. TIM MURPHY of Pennsyl- thy Wage Day; to the Committee on Edu- H.R. 1078: Mr. DAVIS of Illinois. vania. cation and Labor. H.R. 1107: Ms. RICHARDSON. H.R. 2417: Mr. CARSON. By Mrs. MUSGRAVE: H.R. 1110: Mr. LARSON of Connecticut, Mr. H.R. 2472: Mr. PORTER. H. Res. 1163. A resolution expressing the CARSON, Mr. TIAHRT, Ms. SUTTON, Ms. LINDA H.R. 2511: Mr. CARSON. support and sympathy of the House of Rep- T. SA´ NCHEZ of California and Mrs. H.R. 2514: Mr. CARSON. resentatives and the people of the United BACHMANN. H.R. 2552: Mr. PAYNE, Mr. MEEKS of New States for the victims of the tragic fire that H.R. 1147: Mr. CARSON. York, Mr. MCGOVERN, Mr. MCDERMOTT, Mr. occurred in Ordway, Colorado, on April 16, H.R. 1185: Mr. HASTINGS of Florida, Mr. CUMMINGS, Mr. WAXMAN, and Mr. ABER- 2008; to the Committee on Oversight and CROWLEY, Mr. GUTIERREZ, Ms. LINDA T. CROMBIE. Government Reform. SA´ NCHEZ of California, and Mr. SIRES. H.R. 2676: Mr. CARSON and Mr. REGULA. By Mr. NEAL of Massachusetts: H. Res. 1164. A resolution expressing sup- H.R. 1197: Mr. CARSON. H.R. 2677: Mr. CARSON. port for designation of May 2008 as ‘‘National H.R. 1272: Mr. CARSON. H.R. 2702: Mr. ENGLISH of Pennsylvania and Workforce Development Professionals H.R. 1293: Mr. CARSON. Mrs. DAVIS of California. Month‘‘; to the Committee on Oversight and H.R. 1308: Mr. CARSON. H.R. 2731: Mr. CARSON. Government Reform. H.R. 1328: Mr. MEEKS of New York. H.R. 2744: Ms. HARMAN and Ms. KAPTUR. H.R. 1343: Mr. DEFAZIO. H.R. 2749: Mr. CARSON. By Mr. POE (for himself, Mr. SMITH of H.R. 1354: Mr. CARSON. H.R. 2790: Mr. CARSON. New Jersey, Mr. PLATTS, Mr. TIAHRT, H.R. 1366: Mr. PITTS. H.R. 2805: Mr. RAHALL and Mr. CARSON. Mr. SHUSTER, Mr. SERRANO, Ms. H.R. 1431: Mr. TOWNS. H.R. 2851: Mr. SCHIFF, Mr. ELLSWORTH, Mr. GRANGER, Mr. BILBRAY, Mr. PETER- H.R. 1435: Mr. CARSON. CARSON, and Mr. ROTHMAN. SON of Pennsylvania, Mr. CARTER, Mr. H.R. 1440: Mr. BARROW. H.R. 2852: Mr. FILNER, Mr. ELLISON, and BURTON of Indiana, Mr. MCGOVERN, H.R. 1518: Mr. CARSON. Mr. DENT. Mr. PAUL, Mr. SHAYS, Mr. TERRY, Mr. H.R. 1542: Mr. FATTAH. H.R. 2896: Mr. ROSS. TOWNS, Ms. BORDALLO, and Mr. HALL H.R. 1546: Mr. CARSON. H.R. 2965: Mr. ETHERIDGE and Mr. PRICE of of Texas): H. Res. 1165. A resolution honoring the life H.R. 1553: Mr. SHERMAN and Mr. KIRK. North Carolina. and accomplishments of the actor Jimmy H.R. 1594: Mr. CARSON. H.R. 2991: Mr. CARSON. Stewart and the contributions he made to H.R. 1606: Mrs. NAPOLITANO. H.R. 2994: Mr. CARSON and Mr. WELCH of the Nation on the 100th anniversary of his H.R. 1609: Mr. WALDEN of Oregon, Mr. Vermont. birth; to the Committee on Oversight and BOREN, and Mr. SMITH of New Jersey. H.R. 3005: Mr. CARSON and Mr. HASTINGS of Government Reform. H.R. 1619: Mr. MOORE of Kansas. Florida. H.R. 1643: Mr. SESTAK. H.R. 3008: Mr. CARSON. By Mr. WEXLER (for himself, Mr. BER- H.R. 1645: Mr. ANDREWS and Mr. CARSON. H.R. 3016: Mr. CARSON. MAN, Ms. SCHWARTZ, Mr. SHUSTER, H.R. 1653: Mr. SARBANES. H.R. 3061: Mr. CARSON. Ms. ROS-LEHTINEN, Mr. ENGEL, Mr. H.R. 1738: Mr. CARSON and Mr. SMITH of H.R. 3063: Mr. ACKERMAN, Mr. ARCURI, Mr. CHABOT, Mr. KIND, Mr. ACKERMAN, New Jersey. COHEN, Mr. CROWLEY, Mr. HALL of New York, Mr. CROWLEY, Mr. BRADY of Pennsyl- H.R. 1742: Mr. ELLISON, Mr. WYNN, and Mr. Mr. HINCHEY, Mrs. MALONEY of New York, vania, Mr. DAVIS of Illinois, Mr. HIN- GARRETT of New Jersey. Mr. MCNULTY, Mr. MEEKS of New York, and CHEY, Mr. SHIMKUS, Mrs. TAUSCHER, H.R. 1755: Mr. LOEBSACK. Mr. TOWNS. Mr. PRICE of North Carolina, Mr. H.R. 1763: Mr. GUTIERREZ. H.R. 3078: Mr. CARSON. MCCOTTER, Mr. HASTINGS of Florida, H.R. 1776: Mr. GRIJALVA, Mr. ARCURI, Mr. H.R. 3080: Mr. MURPHY of Connecticut. Mr. MCNULTY, Mr. ANDREWS, Mr. WYNN, and Mr. REYES. H.R. 3098: Mr. SULLIVAN. FORTUN˜ O, Mr. SESTAK, Mr. SIRES, Mr. H.R. 1884: Mr. BRADY of Texas, Mrs. EMER- H.R. 3109: Mrs. CUBIN. ROTHMAN, and Mr. DREIER): H. Res. 1166. A resolution expressing the SON, Mr. ROSKAM, Mr. MORAN of Kansas, Ms. H.R. 3127: Mr. CARSON. sense of the House of Representatives regard- BEAN, Mr. BERRY, Mr. UPTON, Mr. FARR, Mr. H.R. 3189: Mr. DAVIS of Alabama. ing provocative and dangerous statements GRIJALVA, Mr. CARSON, and Mr. SALI. H.R. 3202: Mrs. MALONEY of New York. H.R. 1927: Mr. WAXMAN and Ms. MATSUI. and actions taken by the Government of the H.R. 3249: Mr. CARSON. H.R. 1944: Mr. CARSON. Russian Federation that undermine the ter- H.R. 3251: Mr. CARSON. H.R. 1952: Mr. CARSON. H.R. 3257: Mr. COHEN, Mr. PETERSON of ritorial integrity of the Republic of Georgia; H.R. 1956: Mr. CARSON. Pennsylvania, Mr. ELLISON, and Mr. BOS- to the Committee on Foreign Affairs. H.R. 1983: Mr. UPTON. WELL. f H.R. 2012: Mr. ROSKAM, Mr. FARR, and Ms. H.R. 3267: Mr. HINOJOSA, Mr. MEEKS of New ADDITIONAL SPONSORS ROS-LEHTINEN. York, Mr. ELLISON, and Ms. CLARKE. H.R. 2032: Mrs. CHRISTENSEN, Mr. ARCURI, H.R. 3282: Mr. PASTOR. Under clause 7 of rule XII, sponsors Mr. MICHAUD, Mr. COHEN, Mr. CARSON, Mr. H.R. 3287: Ms. LEE. were added to public bills and resolu- CUMMINGS, Mr. GRIJALVA, and Mr. WELCH of H.R. 3298: Mr. CARSON. tions as follows: Vermont. H.R. 3404: Mr. CARSON.

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H.R. 3457: Mr. CARSON. H.R. 5446: Mr. ROTHMAN and Mr. FILNER. H.R. 5825: Mr. HILL, Mr. SMITH of Texas, H.R. 3543: Mr. WEXLER, Mr. PASTOR, and H.R. 5447: Mr. CLEAVER, Mrs. CHRISTENSEN, Mr. LATTA, Mr. PICKERING, Mr. BRADY of Mr. CARSON. and Mr. KUCINICH. Pennsylvania, Ms. CORRINE BROWN of Flor- H.R. 3544: Mr. CARSON, Mr. RODRIGUEZ, Mrs. H.R. 5450: Mrs. CUBIN, Mrs. TAUSCHER, and ida, Mr. ISRAEL, Mr. OBERSTAR, Mrs. CAPPS, and Mr. MATHESON. Mr. SHULER. GILLIBRAND, Ms. BORDALLO, Mr. HINCHEY, Mr. H.R. 3561: Mr. CARSON. H.R. 5461: Mr. WEXLER. MCDERMOTT, Mr. DAVIS of Illinois, and Mr. H.R. 3563: Mr. CARSON. H.R. 5465: Ms. MCCOLLUM of Minnesota and CARSON. H.R. 3622: Mr. WATT, Mr. BRADY of Pennsyl- Mr. WELCH of Vermont. H.R. 5828: Ms. ROS-LEHTINEN and Mr. BUR- vania, Ms. LEE, Mr. DAVIS of Illinois, Mr. H.R. 5488: Mr. MCGOVERN. TON of Indiana. HASTINGS of Florida, Mr. DELAHUNT, Mr. H.R. 5505: Mr. EMANUEL. H.R. 5829: Mr. CARSON. FATTAH, Mr. RYAN of Ohio, Mr. RAHALL, Mr. H.R. 5507: Mr. BLUMENAUER, Mr. RANGEL, H.R. 5830: Mr. CAPUANO and Mr. CUMMINGS. LARSON of Connecticut, Mr. CAPUANO, Mr. Ms. JACKSON-LEE of Texas, Mr. TOWNS, Ms. H.R. 5831: Mr. ABERCROMBIE, Mr. BRADY of KLEIN of Florida, Mr. CARSON, Ms. RICHARD- SCHAKOWSKY, Mr. FRANK of Massachusetts, Pennsylvania, Mr. HINCHEY, Mr. LEWIS of SON, Ms. JACKSON-LEE of Texas, Mr. TOWNS, Mr. FILNER, Mr. CLAY, Mr. STARK, and Mr. Georgia, and Mr. TOWNS. Mr. ELLSWORTH, Ms. CLARKE and Mr. OLVER. H.R. 5833: Mr. WU. LANGEVIN. H.R. 5519: Mr. YOUNG of Alaska, Mr. PAUL, H.R. 5834: Mr. MANZULLO and Mr. SHERMAN. ARSON H.R. 3634: Mr. ROTHMAN. Mr. FEENEY, Mr. CARSON, and Mr. HARE. H.R. 5835: Mr. C . H.R. 5838: Ms. WOOLSEY. H.R. 3650: Mr. CULBERSON. H.R. 5532: Mr. BLUMENAUER. H.R. 5841: Mr. FEENEY. H.R. 3652: Ms. DEGETTE. H.R. 5544: Mr. MCCOTTER and Mrs. H.R. 5846: Ms. ZOE LOFGREN of California. H.R. 3658: Mr. MARIO DIAZ-BALART of Flor- BLACKBURN. H.R. 5847: Mr. CHABOT, Mr. JONES of North ida, Mr. LINCOLN DIAZ-BALART of Florida, H.R. 5545: Mr. MCCOTTER. Carolina, and Mr. LOBIONDO. HERMAN H.R. 5546: Mr. ALLEN and Ms. JACKSON-LEE and Mr. S . H.R. 5854: Ms. CORRINE BROWN of Florida, H.R. 3700: Mr. DOYLE. of Texas. Mr. PETERSON of Minnesota, Mr. FARR, and H.R. 3750: Mr. CARSON. H.R. 5549: Mr. SIRES and Mr. FARR. H.R. 5573: Mr. ENGLISH of Pennsylvania and Mr. COHEN. H.R. 3769: Ms. DEGETTE and Mr. Mr. MICHAUD. H.R. 5858: Mr. MCINTYRE. RODRIGUEZ. H.R. 5590: Mr. SIMPSON and Ms. JACKSON- H.R. 5868: Mr. GINGREY, Mr. KING of Iowa, H.R. 3819: Mr. BUCHANAN. LEE of Texas. Mr. WILSON of South Carolina, Mr. BROUN of H.R. 3870: Mr. HARE, Mrs. LOWEY, Mr. RYAN H.R. 5603: Mr. RAHALL and Mr. LATTA. Georgia, Mr. DEAL of Georgia, Mr. PORTER, of Ohio, Ms. WOOLSEY, and Mr. FARR. H.R. 5606: Mr. MCDERMOTT, Mr. MCCOTTER, Mrs. BONO MACK, Mr. HALL of Texas, Mr. H.R. 3886: Mr. PAYNE and Mr. BRADY of Mr. UDALL of Colorado, Mrs. MCCARTHY of BILIRAKIS, Mrs. DRAKE, Mr. PITTS, Mr. KEL- Pennsylvania. New York, and Mr. WAXMAN. LER, Mr. MARIO DIAZ-BALART of Florida, Mr. H.R. 3926: Mr. ARCURI. H.R. 5611: Mr. BOUSTANY and Mr. CARTER, Mr. HELLER, Mr. DAVID DAVIS of H.R. 3934: Mr. CARSON and Mr. LAMPSON. HENSARLING. Tennessee, Mr. SALI, Mr. WITTMAN of Vir- H.R. 3944: Ms. BERKLEY, Mr. GRIJALVA, and H.R. 5629: Mr. HONDA. ginia, Mr. SESSIONS, Mr. HOBSON, Mr. POE, Mr. JACKSON of Illinois. H.R. 5641: Mrs. Bono MACK. Mrs. MILLER of Michigan, Mr. ROGERS of Ala- H.R. 3961: Mr. CARNAHAN. H.R. 5656: Mrs. DRAKE and Mr. BARTON of bama, Mr. EHLERS, Mr. LINCOLN DIAZ-BALART H.R. 4008: Mr. MITCHELL. Texas. of Florida, Mr. WESTMORELAND, Mr. LINDER, H.R. 4044: Mr. ALLEN. H.R. 5669: Mr. GONZALEZ, Ms. LEE, Mr. Mr. TIBERI, Mr. COBLE, Mr. SAXTON, Mr. H.R. 4061: Mr. GONZALEZ, Mr. CARSON, and LEWIS of Georgia, and Mr. COSTELLO. DELAHUNT, Mr. REHBERG, Mr. MARCHANT, Mr. Mr. DOGGETT. H.R. 5672: Mr. COHEN. NEUGEBAUER, Mr. ROSKAM, Mr. AKIN, Mr. H.R. 4089: Mr. ELLISON. H.R. 5673: Mr. BACHUS, Mr. BUCHANAN, Mr. FORBES, Mr. TOWNS, Ms. ZOE LOFGREN of H.R. 4105: Ms. EDDIE BERNICE JOHNSON of CARTER, Mr. HAYES, Mr. JOHNSON of Illinois, California, Mr. ROGERS of Michigan, Mr. JOR- Texas and Ms. LEE. and Mr. SHADEGG. DAN, Mr. HASTINGS of Washington, and Mrs. H.R. 4107: Mr. ALLEN, Mrs. CAPPS, and Mr. H.R. 5674: Mr. KINGSTON. EMERSON. ETHERIDGE. H.R. 5683: Mr. FILNER. H.R. 5869: Mr. GONZALEZ and Ms. GIFFORDS. H.R. 4114: Mr. FILNER. H.R. 5684: Ms. DEGETTE, Mr. JOHNSON of H.R. 5886: Mr. POE. H.R. 4133: Mr. LINDER, Mr. NEUGEBAUER, Georgia, Mr. KLEIN of Florida, Mr. H.R. 5901: Ms. JACKSON-LEE of Texas and Mr. WESTMORELAND, and Mr. SHADEGG. FALEOMAVAEGA, Mr. LEWIS of Georgia, Mr. Ms. NORTON. H.R. 4141: Mr. TERRY and Mr. LOBIONDO. TOWNS, Mr. DOGGETT, Mr. BACA, and Mr. H.J. Res. 23: Mr. WALBERG. H.R. 4188: Mrs. MALONEY of New York. ALLEN. H.J. Res. 39: Mr. SARBANES. H.R. 4206: Mr. CARSON. H.R. 5690: Mr. WELCH of Vermont and Ms. H.J. Res. 79: Mr. FILNER. H.R. 4207: Mr. DAVIS of Illinois. JACKSON-LEE of Texas. H. Con. Res. 134: Mr. COHEN. H.R. 4221: Mr. MCGOVERN and Mr. CLAY. H.R. 5700: Mr. SPACE, Mr. ETHERIDGE, and H. Con. Res. 257: Mr. MCHUGH, Mr. AN- H.R. 4237: Mrs. CHRISTENSEN and Mr. FARR. Mr. CARSON. DREWS, Mr. MARSHALL, and Mr. HAYES. H.R. 4296: Mr. CARSON and Mrs. BLACKBURN. H.R. 5703: Mr. RAMSTAD. H. Con. Res. 294: Mr. WEXLER and Mr. H.R. 4301: Mr. CARSON. H.R. 5704: Mr. LINCOLN DIAZ-BALART of DEFAZIO. H.R. 4318: Mr. CANTOR and Mr. CARSON. Florida. H. Con. Res. 299: Mr. OLVER, Mr. SESSIONS, H.R. 4332: Mrs. CAPITO. H.R. 5709: Mr. WALZ of Minnesota. Mr. COURTNEY, Mr. WOLF, Mr. MCCOTTER, Ms. H.R. 4335: Mr. NADLER. H.R. 5713: Mr. JONES of North Carolina. ZOE LOFGREN of California, Mr. LINCOLN H.R. 4461: Ms. MCCOLLUM of Minnesota. H.R. 5716: Mr. CONYERS. DAVIS of Tennessee, Mr. GONZALEZ, and Mr. H.R. 4544: Mr. BOOZMAN and Mr. H.R. 5734: Mr. PRICE of North Carolina, Mr. NADLER. BLUMENAUER. GOODE, and Mr. WELCH of Vermont. H. Con. Res. 317: Mr. MCCOTTER. H.R. 4651: Mr. CARSON. H.R. 5737: Mrs. CUBIN. H. Con. Res. 318: Mr. SHERMAN, Mr. HONDA, H.R. 4652: Mr. CARNAHAN, Mr. MCGOVERN, H.R. 5740: Mr. SHERMAN, Mr. WU, Mr. JOHN- Mrs. CHRISTENSEN, and Mr. WAXMAN. Mrs. JONES of Ohio, and Mrs. MCCARTHY of SON of Georgia, Mr. JOHNSON of Illinois, Mr. H. Con. Res. 320: Mr. CUMMINGS. New York. DOGGETT, Mr. BACA, Mr. KUCINICH, Mr. NEAL H. Con. Res. 321: Mr. CASTLE, Mr. OLVER, H.R. 4736: Mr. PRICE of Georgia. of Massachusetts, and Mr. DOYLE. and Mr. FRANK of Massachusetts. H.R. 4807: Mr. CARSON. H.R. 5752: Mr. GINGREY. H. Con. Res. 330: Ms. LEE, Mr. GRIJALVA, H.R. 4836: Mr. ELLSWORTH. H.R. 5759: Mr. SALI and Mrs. CUBIN. Mr. BERMAN, Mr. COHEN, and Ms. ROYBAL-AL- H.R. 4879: Ms. CLARKE. H.R. 5761: Mr. MCINTYRE. LARD. H.R. 4884: Mrs. MALONEY of New York. H.R. 5769: Mr. ARCURI. H. Con. Res. 331: Ms. GRANGER, Mr. H.R. 4930: Mr. SCOTT of Georgia and Mr. H.R. 5775: Mr. PITTS. MCDERMOTT, and Mr. MCNULTY. SALI. H.R. 5776: Mrs. CUBIN. H. Con. Res. 332: Ms. ROS-LEHTINEN, Mr. H.R. 4935: Ms. GRANGER, Mr. PAYNE, and H.R. 5784: Mr. TIAHRT. BURTON of Indiana, Mr. CHABOT, Mr. Mr. RUPPERSBERGER. H.R. 5787: Mr. TANNER. FORTUN˜ O, Mr. WILSON of South Carolina, Mr. H.R. 4990: Mr. PAYNE and Mr. COHEN. H.R. 5795: Mr. BARRETT of South Carolina. MILLER of North Carolina, Mr. BOOZMAN, Mr. H.R. 5161: Mr. LEWIS of Georgia. H.R. 5797: Mrs. BLACKBURN. FALEOMAVAEGA, Mr. WOLF, Mr. INGLIS of H.R. 5176: Mr. RODRIGUEZ and Mr. CARSON. H.R. 5802: Mr. HINCHEY. South Carolina, Mr. POE, Mr. PITTS, Mr. H.R. 5180: Mr. MANZULLO. H.R. 5805: Mr. SALI and Mr. RENZI. SMITH of New Jersey, Mr. PENCE, Mr. PAYNE, H.R. 5223: Ms. EDDIE BERNICE JOHNSON of H.R. 5816: Mr. WALBERG and Mr. MARIO Mr. SHERMAN, Mr. ENGEL, Mr. MCGOVERN, Texas. DIAZ-BALART of Florida. Ms. JACKSON-LEE of Texas, Mr. BERMAN, Mr. H.R. 5229: Mr. BOUCHER. H.R. 5818: Mr. MCGOVERN and Mr. SIRES. GRIJALVA, Mr. MELANCON, Mr. CARNAHAN, H.R. 5244: Mr. COURTNEY and Mr. ALLEN. H.R. 5821: Mr. SHAYS. Mr. MEEKS of New York, Ms. WOOLSEY, Mr. H.R. 5266: Mr. KENNEDY. H.R. 5823: Mrs. MCCARTHY of New York, Ms. NEAL of Massachusetts, Mr. SHAYS, Mr. H.R. 5267: Ms. WASSERMAN SCHULTZ. CLARKE, and Mr. CROWLEY. HINOJOSA, Mr. SIRES, Mr. FARR, Ms. LEE, H.R. 5404: Mr. MICHAUD. H.R. 5824: Mr. BOSWELL, Ms. MOORE of Wis- Mrs. MUSGRAVE, and Mr. WU. H.R. 5440: Mr. FRELINGHUYSEN. consin, Ms. SUTTON, Mr. ALTMIRE, and Mr. H. Con. Res. 334: Mr. CASTLE, Mr. PLATTS, H.R. 5443: Mr. BARRETT of South Carolina. RODRIGUEZ. Mr. BOUSTANY, Mr. LOBIONDO, Mrs. MILLER of

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Michigan, Mr. UPTON, Mr. TOM DAVIS of Vir- H. Res. 1122: Mr. WILSON of South Carolina, izes funding for the Arthur V. Watkins Dam ginia, Mr. GILCHREST, Ms. PRYCE of Ohio, Mr. Mrs. WILSON of New Mexico, and Mr. Enlargement Project. This language is simi- DENT, Mr. FORTENBERRY, Mr. BURTON of Indi- CULBERSON. lar to language found in H.R. 839, a bill ana, Mr. YOUNG of Florida, Mr. CANNON, Ms. H. Res. 1124: Mr. GEORGE MILLER of Cali- which authorizes a feasibility study on rais- FOXX, Mr. ISSA, Mr. SALI, Ms. GINNY BROWN- fornia, Mr. HASTINGS of Florida, Mr. ing the height of the Arthur V. Watkins Dam WAITE of Florida, Mr. CRENSHAW, Mr. LOEBSACK, Mr. MOORE of Kansas, Ms. MAT- at Willard Bay in Box Elder County, Utah. FEENEY, and Mr. KIRK. SUI, Ms. HOOLEY, Mrs. CHRISTENSEN, Mr. The entity authorized to receive funding H. Res. 49: Ms. MCCOLLUM of Minnesota. JACKSON of Illinois, Mr. CARSON, Mr. INSLEE, under this request is the Department of the H. Res. 76: Mr. LEWIS of Georgia. Mr. SHIMKUS, Mr. SCHIFF, Mr. RUSH, Mr. Interior at 1849 C. Street, Washington, DC H. Res. 353: Mr. REYES and Mr. CARSON. ISRAEL, Mr. COSTELLO, Mr. MCDERMOTT, and 20240. H. Res. 356: Mr. TERRY. Mr. STARK. The authorized study is cost shared 50/50 H. Res. 389: Mr. ENGEL, Mr. FALEOMAVAEGA, H. Res. 1130: Mr. RANGEL, Mr. SALI, Mr. between Weber Basin and the Bureau of Rec- and Mr. SHERMAN. LINCOLN DIAZ-BALART of Florida, Mr. CAR- lamation (BOR) at the Department of the In- H. Res. 415: Ms. ROYBAL-ALLARD. SON, Mr. PAYNE, Mr. REICHERT, Ms. GRANGER, terior, a record of BOR’s finance plan is not H. Res. 674: Mr. ROTHMAN. Mr. BILIRAKIS, Mr. FATTAH, and Mr. available. However, a copy of Weber Basin’s H. Res. 834: Mr. BLUMENAUER. NEUGEBAUER. finance plan (for its share of the project) is H. Res. 881: Mr. SPACE, Mr. MAHONEY of H. Res. 1131: Mrs. NAPOLITANO, Mr. GENE attached. Florida, Mr. BOYD of Florida, and Mr. GREEN of Texas, Ms. ROYBAL-ALLARD, and This project is justified as the Arthur V. CRAMER. Ms. DEGETTE. Watkins Dam is a federally owned water H. Res. 937: Mr. SALI and Mr. FOSSELLA. H. Res. 1132: Mr. ROGERS of Michigan, Mr. storage facility. It is managed by the Weber H. Res. 977: Mr. AL GREEN of Texas, Mr. CALVERT, Mr. LATTA, Mr. DAVIS of Kentucky, Basin Water Conservancy District, a polit- CLYBURN, Mr. BUTTERFIELD, Mr. PRICE of Mr. UPTON, Mrs. DRAKE, Mr. BRADY of Penn- ical subdivision of the State of Utah. Water North Carolina, Mr. SCOTT of Georgia, and sylvania, Mr. HOLT, Mr. BOOZMAN, Mrs. stored in this facility serves the culinary Mr. CARSON. BOYDA of Kansas, Mrs. MCCARTHY of New water needs of Weber, Davis and Box Elder H. Res. 1008: Mr. ETHERIDGE. York, Ms. SUTTON, Mr. REYNOLDS, Mr. Counties, which encompass some of the most H. Res. 1009: Mr. SHAYS. WALBERG, Ms. MCCOLLUM of Minnesota, Mr. populous areas of northern Utah. The federal H. Res. 1011: Mr. SHERMAN and Mr. CUELLAR, Mrs. SCHMIDT, Mr. REICHERT, Mrs. government has made a significant financial MICHAUD. MALONEY of New York, Mrs. MYRICK, Mr. commitment to the State of Utah to ensure H. Res. 1022: Mrs. TAUSCHER and Mr. HIN- WOLF, Ms. GRANGER, Mrs. BACHMANN, Mr. PE- that this arid state has adequate water re- CHEY. TERSON of Minnesota, Mr. GOODE, Mr. KEN- sources to meet the needs of its residents. H. Res. 1043: Mr. FALEOMAVAEGA and Mr. NEDY, Mr. MCHENRY, Mr. GENE GREEN of This authorization ensures that. TERRY. Texas, Mr. COSTA, and Mr. SMITH of New Jer- A.V. WATKINS DAM RAISE FEASIBILITY STUDY H. Res. 1062: Mr. ROTHMAN. sey. Under a feasibility study to be prepared by H. Res. 1063: Mr. SHERMAN. H. Res. 1134: Mr. BERMAN, Mrs. BONO MACK, Reclamation an integrated feasibility report H. Res. 1064: Mr. SMITH of New Jersey and Mr. BOSWELL, Ms. CORRINE BROWN of Florida, and National Environmental Policy Act Mr. FEENEY. Mrs. CHRISTENSEN, Mr. COHEN, Mr. ENGEL, (NEPA) compliance document will be pre- H. Res. 1069: Mr. BOREN, Mr. MARIO DIAZ- Mr. HOLT, Ms. MATSUI, Mr. NADLER, Mr. pared to address the potential raise of A.V. BALART of Florida, Mrs. BLACKBURN, Mr. SCOTT of Virginia, Ms. SUTTON, Mrs. BOYDA Watkins Dam to accommodate additional ROTHMAN, Mr. LAMBORN, Mr. SMITH of Wash- of Kansas, Mr. DOGGETT, Mr. FALEOMAVAEGA, storage of 10,000 acre-feet. ington, Ms. GIFFORDS, and Mr. SMITH of New Mr. FARR, Ms. GIFFORDS, Mr. AL GREEN of The following areas and estimated costs Jersey. Texas, Ms. HIRONO, Ms. KILPATRICK, Mr. are presented to cover the study: H. Res. 1079: Mr. TIM MURPHY of Pennsyl- LEVIN, Mr. LOEBSACK, Mr. MCGOVERN, Mr. vania. MORAN of Virginia, Ms. NORTON, and Mr. H. Res. 1080: Mr. ISSA and Mr. RANGEL. OBERSTAR. H. Res. 1086: Mr. TOWNS, Mr. EDWARDS, H. Res. 1140: Mr. SALI, Mr. MCCOTTER, Mr. Estimated Mrs. CHRISTENSEN, Mr. ORTIZ, Mr. REYES, Mr. Item Description cost FORTENBERRY, Mr. CHABOT, Mr. BERMAN, and BUTTERFIELD, Ms. BERKLEY, Mr. MORAN of Mr. INGLIS of South Carolina. 1 ...... NEPA: Investigation and report of environ- $500,000 Virginia, Mr. LEVIN, Mr. CLEAVER, Ms. KIL- H. Res. 1144: Mr. DELAHUNT, Mr. SIRES, Mr. mental impacts and appropriate federal PATRICK, Mr. MEEKS of New York, Mr. COHEN, and Mr. SMITH of New Jersey. actions. DOGGETT, Mr. ALLEN, Mr. LATHAM, Mr. WAX- 2 ...... Cultural Mitigation Plan: Investigation of im- 200,000 H. Res. 1146: Mr. HINCHEY. pacts to cultural findings and cor- MAN, Mr. TERRY, Mr. LEWIS of Georgia, Mr. H. Res. 1149: Ms. LEE, Mrs. CHRISTENSEN, responding recovery plan. AL GREEN of Texas, Mr. OLVER, Ms. NORTON, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 3 ...... Water Rights: Review and verification of the 50,000 Mrs. NAPOLITANO, Mr. SCOTT of Virginia, Mr. preliminary water rights work originally LEWIS of Georgia, Mr. RANGEL, Mr. MEEKS of conducted. Will include coordination with CUMMINGS, Mr. OBERSTAR, Ms. MATSUI, Mr. New York, Ms. RICHARDSON, Mr. HARE, Ms. the Utah Division of Water Rights. COSTELLO, Mr. BAIRD, Mr. HOLT, Mr. PORTER, SCHAKOWSKY, Mr. JACKSON of Illinois, Mr. 4 ...... Investigations/Drilling/Laboratory Testing: A 900,000 Mr. ALTMIRE, Ms. JACKSON-LEE of Texas, Mr. study of existing physical conditions in- BISHOP of Georgia, Mr. GUTIERREZ, Mr. cluding field testing and verification of MATHESON, Mr. ISRAEL, Mr. HOLDEN, and Ms. MCGOVERN, Mr. TOWNS, Ms. NORTON, Ms. existing geology of the entire 14 mile HIRONO. CORRINE BROWN of Florida, Mr. HINCHEY, Mr. dam. H. Res. 1091: Mr. BURGESS, Mr. ALTMIRE, 5 ...... Hydrology: Review and verification of the 50,000 KUCINICH, Mr. SCOTT of Virginia, Mr. available river flows from the Ogden and and Mr. HASTINGS of Washington. FATTAH, Mrs. MCCARTHY of New York, Ms. Weber rivers. H. Res. 1093: Ms. SHEA-PORTER, Mr. WOOLSEY, Ms. JACKSON-LEE of Texas, Mr. AL 6 ...... Feasibility Design/Drawings/Report: Culmina- 300,000 LOBIONDO, Mr. HINCHEY, and Mr. WELCH of tion of the feasibility study including GREEN of Texas, Ms. KILPATRICK, Mr. Vermont. written conclusions from each of the MCHUGH, Mr. SARBANES, and Mr. LIPINSKI. above investigations. H. Res. 1100: Mr. JORDAN. H. Res. 1153: Ms. SOLIS, Mr. MEEKS of New Total ...... 2,000,000 H. Res. 1104: Mr. STARK, Mr. COSTA, Mrs. York, Ms. EDDIE BERNICE JOHNSON of Texas, JONES of Ohio, and Mr. WAXMAN. Expected duration of report—11⁄2 to 2 years. Mr. MCDERMOTT, Mr. BERMAN, Mr. HASTINGS H. Res. 1109: Mr. MCCOTTER, Mr. ROHR- The Weber Basin Water Conservancy Dis- of Florida, Mr. VAN HOLLEN, Ms. LORETTA ABACHER, and Mr. BURTON of Indiana. trict (District), in an effort to insure that it SANCHEZ of California, Mr. COHEN, Mr. H. Res. 1110: Mr. CROWLEY, Mr. CALVERT, is able to meet the ever increasing demand SCHIFF, Mr. SESTAK, Mr. ELLISON, and Mr. Mr. ROTHMAN, and Mr. LAMBORN. for water throughout its service area, con- SCOTT of Georgia. H. Res. 1113: Mr. DANIEL E. LUNGREN of tinues to evaluate the need for improve- H. Res. 1154: Mr. LEWIS of Georgia, Mr. California, Mr. PITTS, Mr. BOOZMAN, Mr. SES- ments, including the development of new re- LYNCH, Ms. LORETTA SANCHEZ of California, SIONS, Mr. SHULER, Ms. BERKLEY, Mr. sources. Part of the challenges facing the Ms. DELAURO, Mr. HASTINGS of Florida, Mr. ADERHOLT, Mr. BROUN of Georgia, Mr. District in this effort are: identifying growth JEFFERSON, and Mr. MEEKS of New York. LOEBSACK, Mr. MORAN of Kansas, Mr. COLE of patterns and projecting future populations Oklahoma, Mr. FEENEY, Mr. MILLER of Flor- f by geographic location; estimating the total ida, Mr. LEWIS of Kentucky, Mr. TERRY, Mr. CONGRESSIONAL EARMARKS, LIM- water consumption of the projected popu- MCCAUL of Texas, Mr. GARRETT of New Jer- ITED TAX BENEFITS, OR LIM- lation both indoors and outdoors; and evalu- sey, and Mr. KELLER. ating existing supplies to determine how to H. Res. 1114: Mr. DANIEL E. LUNGREN of ITED TARIFF BENEFITS most effectively utilize those supplies, par- California, Mr. PITTS, Mr. BOOZMAN, Mr. SES- Under clause 9 of rule XXI, lists or ticularly in times of drought. Through these SIONS, Mr. SHULER, Ms. BERKLEY, Mr. statements on congressional earmarks, proactive efforts, a need for additional re- ADERHOLT, Mr. BROUN of Georgia, Mr. limited tax benefits, or limited tariff sources has been identified in order for the LOEBSACK, Mr. MORAN of Kansas, Mr. COLE of benefits were submitted as follows: District to meet future demands along the Oklahoma, Mr. FEENEY, Mr. MILLER of Flor- Wasatch Front. ida, Mr. LEWIS of Kentucky, Mr. TERRY, Mr. OFFERED BY MR. BISHOP OF UTAH To estimate the future demand for water MCCAUL of Texas, Mr. GARRETT of New Jer- Today the House of Representatives will within the District’s service area across the sey, and Mr. KELLER. consider S. 2739. Section 504 of S. 2739 author- Wasatch Front, the District completed the

VerDate Aug 31 2005 04:52 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.083 H29APPT1 smartinez on PROD1PC64 with HOUSE H2856 CONGRESSIONAL RECORD — HOUSE April 29, 2008 Supply and Demand Study (January 2008), in H.R. 5522, the Worker Protection Against shortage issues in the summer months that which population projections were developed Combustible Dust Explosion and Fire Act, have a direct impact on federal Endangered through build-out, and the associated water does not contain any congressional ear- Species Act listed salmon and steelhead. demand of that population estimated based marks, limited tax benefits, or limited tariff Wallowa Lake Dam Rehabilitation Act— on historic water use. The demands were benefits as defined in clause 9(d), 9(e), or 9(f) Bill language authorizes the Bureau of Rec- then compared to available District supplies, of Rule XXI. lamation to provide grants, or to enter into cooperative agreements, with tribal, State, including those developed by the United OFFERED BY MR. WALDEN OF OREGON States Bureau of Reclamation via the Weber local governmental entities and the Associ- Basin Project, those developed or being de- Bill Number: S. 2739 (H.R. 495). ated Ditch Companies to plan, design, and veloped by the District, and outside re- Account: Secretary of the Interior, Bureau repair Wallowa Lake Dam. Over the last sev- sources that are controlled by various inde- of Reclamation. eral years I have visited Wallowa County on pendent agencies (municipalities, improve- Legal Name of Requesting Entity(ies): The a number of occasions to convene meetings ment districts, etc.). Based on the results of North Unit Irrigation District Act—Request- with both proponents and opponents of this this study, the District anticipates a need ing Entity: North Unit Irrigation District, legislation in order to gain a full under- for one or more additional raw water re- Madras, Oregon; The Deschutes River Con- standing of the situation and to discuss the sources within the next 20 years; possibly as servancy Reauthorization Act—Requesting merits of this proposal. These meetings have early as 2015. Future sources that are being Entity: Deschutes River Conservancy, Bend, clearly demonstrated that the overwhelming considered include wastewater reuse (for out- Oregon; The Wallowa Lake Dam Rehabilita- majority of Wallowa County residents sup- door irrigation use), aquifer storage and re- tion Act—Requesting Entity: Associated port this bill and its main tenet—the reha- covery, and the importation of water from Ditch Company, Joseph, Oregon; The Little bilitation of the Wallowa Lake Dam—has the Bear River. Even with the full develop- Butte/Bear Creek Subbasins Water Feasi- been identified by the U.S. Army Corp of En- ment of all of the new resources listed, it is bility Act—Requesting Entity: City of Med- gineers as a high hazard structure. H.R. 495 anticipated that the supply will still be inad- ford, Medford, Oregon. authorizes $6 million in federal funds for dam equate to meet projected demands without Address of Requesting Entity(ies): North rehabilitation; however, spending authority aggressive coinciding conservation efforts. Unit Irrigation Districts, 2024 NW Beech sunsets after 10 years and requires a 50/50 fed- The District has implemented an aggressive Streets, Madras, Oregon 97740, (ph) 541–475– eral/local cost share match. Federal funding water conservation plan with a goal to re- 3625; Deschutes River Conservancy, 700 NW for this project is justified to not only produce per capita water consumption by 25 per- Hill Street, Bend Oregon 97701, (ph) 541–382– tect citizens from the highly hazardous cent by 2025. 4077; Associated Ditch Company, 1102 Wallowa Lake Dam, but to assist with the Although the need for additional water Engleside Avenue, Joseph, Oregon 97846, (ph) tremendous environmental costs that di- supplies within the District’s service area is 541–432–6155; City of Medford, 411 W 8th rectly result from the presence of federally becoming increasingly evident, nowhere is it Street #312, Medford, Oregon 97501, (ph) 541– listed Endangered Species Act salmon and more evident than in the Weber County area. 774–2000. steelhead in the dam rehabilitation project. Population projections predict that much of Description of Request(s): I am the author Little Butte/Bear Creek Subbasins Water the future growth along the Wasatch Front of H.R. 495, the Oregon Water Resources Feasibility Act—Bill language would author- will occur in the area of western Weber Management Act of 2007, which is a package ize the Bureau of Reclamation (Reclamation) County. As growth has tended to move out- of water-related bills contained within S. to conduct a needed water management fea- ward from the Salt Lake City area, from 2739 which is scheduled to be considered by sibility study and environmental impact Davis County into Weber County, the Dis- the full House on April 29, 2008. On July 23, statement for the Water for Irrigation, trict has observed increasing demands on the 2007, the House of Representatives passed Streams, and the Economy Project in ac- Weber South and Davis North Treatment this package of bills included in H.R. 495 by cordance with the Memorandum of Agree- ment (MOA) between City of Medford and Plants (located in southern Weber County voice vote. H.R. 495 is identical to the bill Reclamation in order to address water man- and northern Davis County respectively). passed unanimously by the Resources Com- agement issues for irrigation, municipal use Those plants are now approaching capacity mittee and the full House in the 109th Con- during times of peak demand. To evaluate and conservation. This bill language passed gress (H.R. 5079). All of these measures, de- the need for additional treatment plant ca- the Senate by unanimous consent in Novem- scribed in detail below, are related to pacity, the District recently retained con- ber 2005 and the bill is nearly identical to projects in my district and have been thor- sulting engineers to examine several stra- legislation I sponsored in the 108th Congress oughly vetted through the Committee and tegic locations for construction of a new which received a hearing in the Sub- water treatment plant to meet increasing de- are supported by my colleagues from Oregon committee on Water and Power, passed by mands. The resulting Implementation Plan in the United States Senate, Senators Ron the Committee by unanimous consent, and and Schedule (Technical Memorandum 11, Wyden and Gordon Smith. H.R. 495 does not ultimately passed the House by voice vote in Site Evaluation for the New Weber West have a direct and foreseeable effect on the September of 2004. H.R. 495 authorizes WTP and Related Facilities, Draft dated 06/ pecuniary interests of me or my spouse. $500,000 in federal funds; however, spending 11/07) indicates that in order to keep up with Deschutes River Conservancy Reauthoriza- authority sunsets after 10 years and requires the increasing demand resulting from growth tion Act—Bill language would amend the Or- a 50/50 federal/local cost share match. Fed- in western Weber County, a new centrally lo- egon Resource Conservation Act of 1996 to eral funds are justified because the federal cated treatment plant will be required. The reauthorize the participation of the Bureau partnership established via the MOA is for report further concludes that design of the of Reclamation (Reclamation) in the the express purpose of addressing federal new raw water conveyance facilities should Deschutes River Conservancy (DRC) through Clean Water Act and Endangered Species Act commence in early 2009, with construction Fiscal Year 2015. The DRC was originally au- (ESA) requirements. Additionally, Congress beginning in late 2010. Completion and com- thorized by Congress in 1996 to implement needs to provide Reclamation the authority missioning of all facilities would then be water conservation measures in the to achieve the goals of the MOA and also scheduled for 2012. All of the possible water Deschutes River basin. The DRC was founded provide funds due to costs from addressing treatment plant sites considered were as- by local irrigation districts, the Confed- previous acts of Congress, including the sumed to utilize raw water from storage at erated Tribes of the Warm Springs Reserva- Clean Water Act and ESA. Arthur V. Watkins Dam/Willard Bay Res- tion, conservation groups, and other local North Unit Irrigation District Act—Bill ervoir. stakeholders in an effort to focus on prac- language amends a repayment contract be- Based on current projections, the need for tical, incentive-based solutions to the basin’s tween the Bureau of Reclamation (Reclama- additional water supplies along the Wasatch water management challenges. The DRC has tion) and the North Unit Irrigation District Front is both certain and imminent. With leased over 70 cubic feet per second of water (District) to meet State water conservation the Bureau of Reclamation already having in the basin’s streams and has restored over law and allow the District to improve its filed for additional water rights from the 100 miles of stream corridor using livestock overall water management and efficiency. Ogden and Weber rivers, raising the Arthur management techniques, restored channel The bill increases the maximum irrigated V. Watkins Dam would effectively increase floodplain connectivity, and planted over land within the District available to receive the water that can be stored in Willard Bay 250,000 native plants and trees in the riparian Deschutes Project water from 50,000 acres to by an additional 10,000 to 70,000 acre-feet and zone. The DRC has permanently acquired 59,000 acres, and reclassifies that land. The would make it available for use within the about 9,200 acre-feet of senior water rights in legislation allows the repayment terms to time projected for additional demand. Ar- the Deschutes Basin that will remain shift from a variable to a fixed term, and thur V. Watkins Dam/Willard Bay Reservoir instream during critical low flow periods, would allow for accelerated repayment of is strategically located relative to future de- benefiting fish species such as ESA listed capital costs. Finally, the legislation allows mands, and as an existing facility could be bull trout and summer steelhead. The bill Reclamation to negotiate future contract increased at a relative lesser cost, and with- has received positive and bipartisan support terms without Congressional authorization, out the significant impacts that are sure to in the House and Senate, is supported by the only after receiving written notice from the accompany other projects of this magnitude. DRC, the local community and Reclamation. District and getting the consent of the Com- OFFERED BY MR. GEORGE MILLER OF This bill would authorize $2 million per year missioner of Reclamation. The legislative CALIFORNIA over 10 years in federal spending. The use of authority granted in H.R. 495 to change the The amendment to be offered by Rep- federal funding for this project is justified Reclamation contract would not require ad- resentative GEORGE MILLER or a designee to because it would address critical water ditional taxpayer funding above the existing

VerDate Aug 31 2005 04:03 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A29AP7.091 H29APPT1 smartinez on PROD1PC64 with HOUSE April 29, 2008 CONGRESSIONAL RECORD — HOUSE H2857 programmatic appropriations for the agency. Legal Name of Requesting Entity: State of Michele Bachmann, Mike Ferguson, Jim Jor- Conservation efforts to provide additional New Mexico. dan, Joe Knollenberg, Bill Sali, Jim Gerlach, instream water and other conservation Address of Requesting Entity: 1220 South Zach Wamp, Lynn A. Westmoreland, Rob projects cannot be implemented solely by St. Francis Drive, Santa Fe, New Mexico Bishop, Charles W. Dent, Mark Steven Kirk, the District without a change in their cur- 87505. Louie Gohmert, Tom Price, Doc Hastings, rent Reclamation authorities; Congress pro- Description of Request: Provide a total Michael C. Burgess, Jeff Miller, Trent vided the current authorities and only Con- earmark of $12,000,000 apportioned in equal Franks, J. Randy Forbes, Tom Latham, Mac gress can modify those authorities. amounts of $3,000,000 in Fiscal years FY08 Thornberry, Terry Everett, Daniel E. Lun- OFFERED BY MR. GARY G. MILLER OF through 2011 to assist the State of New Mex- gren, Harold Rogers, Kevin Brady, Phil CALIFORNIA ico in water planning. This includes: tech- Gingrey, Cathy McMorris Rodgers, Henry E. Bill Number: H.R. 1195. nical assistance and grants for the develop- Brown, Jr., David Dreier, Jerry Lewis, Rick Bill Section: Sec. 102. ment of comprehensive State water plans, Renzi, Peter J. Roskam, Doug Lamborn, Ted Account: U.S. Department of Transpor- activities to conduct a mapping of water re- Poe, Michael T. McCaul, Dana Rohrabacher, tation. sources throughout the State, and to con- Jeff Fortenberry, Todd Tiahrt, Gary G. Mil- Legal Entities To Receive Funding: Nevada duct a comprehensive study of groundwater ler, K. Michael Conaway, Ric Keller, Vern Department of Transportation, 1263 South resources (including potable, brackish, and Buchanan, Dave Weldon, Geoff Davis, David Stewart Street, Carson City, NV 89712, who saline) throughout the State. This assistance G. Reichert, Darrell E. Issa, Dave Camp, shall cooperate with the California-Nevada may include acquisition of hydrologic data, John R. Carter, Kay Granger, Judy Biggert, Super Speed Train Commission, 400 Stewart expansion of water monitoring networks, Randy Neugebauer, Thaddeus G. McCotter, Street, Las Vegas, NV 89101; U.S. Depart- modeling of resources, coordination with Thelma D. Drake, Tom Cole, Todd Russell ment of Transportation; 1200 New Jersey Federal water management planning, inte- Ave., SE., Washington, DC 20590. Platts, W. Todd Akin, John M. McHugh, gration of State planning forums and groups John L. Mica, Charles W. Boustany, Jr., Description of Request: In the SAFETEA– in the planning efforts, and technical reviews LU Act, two Magnetic Levitation Transpor- Stevan Pearce, Elton Gallegly, Ken Calvert, of data, models, planning scenarios and tation Projects (MAGLEV) received federal Jon C. Porter, Thomas M. Reynolds, Howard water plans developed by the State. Expan- authorization for a total of $90,000,000; how- Coble, Sam Johnson, Phil English, Jo Ann sion of water resources throughout the State ever, mistakenly, contract authority was not Emerson, Jean Schmidt, Howard P. ‘‘Buck’’ is critical to the continued development of assigned to these important projects. To en- McKeon. Steve Buyer, Edward R. Royce, sure these MAGLEV projects have the fund- the economy within the State. Barbara Cubin, Roy Blunt, Robert J. ing necessary to succeed, I requested lan- The funding and levels of effort will be al- Wittman, John T. Doolittle, Vernon J. located approximately as follows: $5,000,000 guage to amend Section 1307 of the Safe, Ac- Ehlers, Steve Chabot, Mary Bono Mack, Vir- to develop hydrologic models covering the countable, Flexible, Efficient Transportation ginia Foxx, Michael K. Simpson, Lincoln Rio Grande and Rios Pueblo de Taos and Equity Act: A Legacy for Users (119 Stat. Diaz-Balart, Mario Diaz-Balart, Thomas G. Hondo, Rios Nambe, Pojaque and Teseque, 1217) to add contract authority to the Tancredo, James T. Walsh, Dean Heller, Rod- Rio Chama, and Lower Rio Grande tribu- projects at the funding levels authorized in ney P. Frelinghuysen, Bob Inglis, Adam H. taries; $1,500,000 for surveys for the San Juan SAFETEA–LU. The term ‘‘MAGLEV’’ means Putnam, Jim Ramstad, Christopher Shays, River and tributaries; $1,000,000 for surveys transportation systems employing magnetic John Abney Culberson, Nathan Deal, Paul for the Southwest New Mexico basins, and levitation that would be capable of safe use Ryan, Frank R. Wolf, Patrick J. Tiberi, Pat- $4,500,000 for statewide digital mapping. by the public at a speed in excess of 240 miles rick T. McHenry, Wally Herger, Deborah The non-Federal share of all work shall be per hour. According to SAFETEA–LU, this Pryce, Michael R. Turner, Lee Terry, Frank 50% and may be provided with in-kind re- funding can be used for preconstruction plan- D. Lucas, Devin Nunes, Kenny Marchant, source acceptable to the Secretary of the In- ning activities and to supplement the cost of Jim McCrery, John Linder, George Radano- terior. the fixed guideway infrastructure of these vich, Eric Cantor, Joe Barton, John B. Shad- MAGLEV projects, including land, piers, f egg, John Shimkus, Scott Garrett, Marilyn guideways, propulsion equipment and other N. Musgrave, Bob Goodlatte, Lamar Smith, components attached to guideways, power DELETIONS OF SPONSORS FROM PUBLIC BILLS AND RESOLUTIONS Brian P. Bilbray, Bill Shuster, Spencer Bach- distribution facilities substations, control us, Don Young, Steve King, Cliff Stearns, and communications facilities, access roads, Under clause 7 of rule XII, sponsors Mary Fallin, John Boozman, Steven C. and storage, repair, and maintenance facili- LaTourette, C.W. Bill Young, Jeb ties. The federal cost share of these projects were deleted from public bills and reso- Hensarling, Ed Whitfield, Tom Davis, Roscoe will be 80 percent. lutions as follows: G. Bartlett, Jack Kingston, Donald A. Man- MAGLEV is an advanced train technology H.R. 5534: Mr. BURTON of Indiana. zullo, Chris Cannon, Sue Wilkins Myrick, that can offer competitive trip-time savings f compared to alternative forms of travel over Mike Pence, Mike Rogers, Duncan Hunter, long distances. Federal funding is needed to DISCHARGE PETITIONS Christopher H. Smith, John Sullivan, Peter Hoekstra, Mark E. Souder, Jerry Moran, deploy this technology further and thereby [Omitted from the Record of Apr. 25, 2008] reduce congestion along heavily travelled Charles W. ‘‘Chip’’ Pickering, Jim Saxton, corridors in the United States. In addition to Under clause 2 of rule XV, the fol- David L. Hobson, John E. Peterson, Thomas the request for contract authority, I also re- lowing discharge petition was filed: E. Petri, Ralph M. Hall, and Sam Graves. quested that the project description con- Petition 7, April 23, 2008, by Mr. FOSSELLA tained in Sec. 102(d)(1) be amended to ensure on the bill (H.R. 5440), was signed by the fol- f the entire high-speed ground transportation lowing Members: Vito Fossella, John A. corridor project, which starts in Las Vegas, Boehner, John R. ‘‘Randy’’ Kuhl, Jr., Greg DISCHARGE PETITIONS— Nevada, and extends to Anaheim, California, Walden, Virgil H. Goode, Jr., Peter Sessions, is authorized to receive federal assistance Gus M. Bilirakis, Joseph R. Pitts, David ADDITIONS OR DELETIONS and that the project be coordinated with the Davis, Ileana Ros-Lehtinen, Jo Bonner, Joe [Omitted from the Record of Apr. 25, 2008] California-Nevada Super Speed Train Com- Wilson, Tim Walberg, Dennis R. Rehberg, mission. Robert E. Latta, Kevin McCarthy, Peter T. The following Member added his OFFERED BY MRS. WILSON OF NEW MEXICO King, F. James Sensenbrenner, Jr., Candice name to the following discharge peti- Bill Number: S. 2739 (Companion H.R. 1904). S. Miller, John Kline, Ron Lewis, Heather tion: Account: Interior, Bureau of Land Manage- Wilson, J. Gresham Barrett, Adrian Smith, ment, USGS, Management of Lands and Re- Frank A. LoBiondo, Paul C. Broun, Dan Bur- Petition 6 by Mr. BOUSTANY on House sources. ton, Ander Crenshaw, Michael N. Castle, Resolution 1025: Michael K. Simpson.

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

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

S3459

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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If we take another graph which shows These conditions produced near grid- I will always remain a fierce defender what the consumption of fuels is in the lock at several key gateway airports of West Virginia’s right to adequate airline industry, the green line—you throughout the country this past sum- and reliable air services. That is why I probably, Mr. President, cannot see mer which almost matched the record went there in the first place. That is this; it is too far away, but the green delays reached in the summer of 2000. why I am there. I fight for fairness, and line shows consumption has been fairly Congestion and delay problems cost the we don’t have it in aviation, and I fear static in terms of the amount of fuel airlines and passengers billions of dol- losing more of it. Even in these new that is used. But if we look at the ex- lars each year in lost productivity, challenging times for the sector, I will pense or the cost of the fuel, it has in- canceled flights, and, obviously, fuel continue to ensure that my State is creased at a sharp and dramatic rate. expenses. not adversely affected by this consoli- My point very simply is that we can- The severe congestion and delay dation or any consolidation. not affect, I do not think, in a very problems that continue to plague air Finally, I am concerned that even substantial way, what is plaguing and carriers and their passengers further when the aviation industry did return ailing the airline industry and a lot of exacerbate the high cost, therefore, of to profitability over the past 2 years, other industries in this country absent fuel. Inclement weather, an out-of-date services in my State did not dramati- addressing the fundamental cost issue air traffic control system, and manage- cally improve or expand. They weren’t of energy independence. ment problems keep planes in the sky investing. Now that the sector looks to If we look at where we are as a na- longer, which only increases fuel-burn. be heading toward a more decidedly tion today and where we were 30 years Due to these conditions, only 69 per- bleak future over a prolonged period, ago, not much has changed. I remem- cent of reported commercial airline op- our efforts need to be redoubled so as ber as someone growing up during the erations arrived at their destination on to ensure crucial air services to small oil embargoes and what we were experi- time during June and July of 2007. and rural communities everywhere are encing in the late 1970s and a real con- I am pleased we have been able to rightfully defended. cern at the time about our dependence, work with the FAA on several efforts Mr. President, I yield the floor and overdependence, dangerous dependence currently underway to address these note the absence of a quorum. on foreign sources of energy. At that problems, including a continuous focus The PRESIDING OFFICER. The time it was 55, 60 percent. Here we are on expanding infrastructure and adopt- clerk will call the roll. 30 years later and we are more than ing operational procedures, such as the The bill clerk proceeded to call the ever dependent on foreign sources of implementation of reduced separation roll. energy. Mr. President, 60 to 65 percent requirements and programs such as Mr. THUNE. Mr. President, I ask of our petroleum comes from outside this fascinating acronym, the Area unanimous consent that the order for the United States. We have very little Navigation and Required Navigation the quorum call be rescinded. control over the supply. The only way Performance program, that permit The PRESIDING OFFICER. Without we fix that, the only way we can im- more precise navigation of aircraft. objection, it is so ordered. pact energy costs in this country in a But, you see, that is very difficult to Mr. THUNE. Mr. President, today we meaningful way is to increase supply. do with x ray, with ground radio. That debate the FAA reauthorization, and it We can talk a lot about a lot of is why we need an air traffic control is a debate that probably should have issues with regard to this problem, this system which is modern, as every other been joined a long time ago. This is a challenge we face as a country. There modern country in the world has. Fur- piece of legislation that has been kick- are some things we can do to impact thermore, since many of these delays ing around here for a long time. I serve the demand side, too, and we did that originate in the New York City air- on the Senate Commerce Committee. I in the Energy bill last year. We in- space, the FAA has committed itself to know both the House and the Senate creased for the first time in a very long taking a number of specific steps to re- reported bills out many months ago. time fuel economy standards so now lieve congestion there—and I applaud We are finally now getting a bill on to automobiles are going to be built to them for that—including airspace rede- the floor for debate. It is important we standards that will require more miles sign and the opening of military air- do this. per gallon than they currently get. space to create additional capacity This is legislation that is critical to That will help control, to some degree, during particularly congested times. the infrastructure that supports our the demand side. Obviously, I think in- All of these efforts are a part of a aviation industry, which is a critical dividual consumers in this country, longer term endeavor to solve these industry to America’s competitiveness, drivers in this country, are going to problems by modernizing the entire air and if we look at what is happening in begin to take steps to reduce the transportation system through the im- the airlines these days, obviously, we amount of fuel they consume because plementation of the Next Generation need to do everything we can to make it is impacting so adversely their pock- Air Transportation System, the system sure we have a viable and effective etbooks on a daily basis. I have been talking about a good deal. aviation industry and commercial air- But there is not anything we can do I am confident we can continue to pur- lines are able to operate and provide totally on the demand side to get us sue a workable strategy to increase the the services to travelers who need to out of this mess we are in. We have to capacity of the National Airspace Sys- get, every single day, to places both do some things to impact supply. I tem to keep pace with projected here at home and around the world to can’t help but think that if we had growth and demand for air travel while conduct business and to recreate. taken some of these steps years ago, ensuring that we continue to operate In the course of this debate, I cannot back in 1995 or thereabouts when Presi- the world’s safest aviation system. But help but be struck by the fact that I do dent Clinton vetoed legislation that then again, you always have to look not see there is anything we can do in would have allowed oil exploration on underneath the figures. the FAA reauthorization that address- the North Slope of Alaska—at the time The pending Delta-Northwest merger es what fundamentally is probably it was argued, oh, it will take 5 to 10 could represent an absolute watershed plaguing the airline industry more years for us to develop this resource moment in aviation industry history than anything else, and that is the and when we do, it will not be that which would have a dramatic and wide- high cost of energy. much anyway. It is only 1 million or ranging impact on the industry, pas- I am looking at some information, 11⁄2 million barrels a day, and that is sengers, employees, and our national graphs, some data. We can look at this not that significant in the overall economy. This merger is emblematic of graph for January of 2004 and see where scheme of things. Here we are 10 years

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VerDate Aug 31 2005 04:21 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A29AP6.068 S29APPT1 CCOLEMAN on PRODPC75 with SENATE April 29, 2008 CONGRESSIONAL RECORD — SENATE S3529

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VerDate Aug 31 2005 03:30 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4624 Sfmt 9801 E:\CR\FM\G29AP6.079 S29APPT1 CCOLEMAN on PRODPC75 with SENATE S3552 CONGRESSIONAL RECORD — SENATE April 29, 2008

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

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IN RECOGNITION OF DR. BARBARA PERSONAL EXPLANATION war effort and celebrate the outstanding serv- WARREN’S 20TH ANNIVERSARY ice of all the women who decorate its mem- AT THE LGBT CENTER HON. ROSA L. DeLAURO bership. The women of WAVES have exuded OF CONNECTICUT exceptional patriotism and valor and the First District of Florida is honored to house this ex- IN THE HOUSE OF REPRESENTATIVES HON. JERROLD NADLER emplary organization. Tuesday, April 29, 2008 Madam Speaker, on behalf of the United OF NEW YORK Ms. DELAURO. Madam Speaker, due to States Congress, I am proud to recognize IN THE HOUSE OF REPRESENTATIVES medical reasons I missed a series of proce- Northwest Florida WAVES Unit 52 for its hon- dural votes. Had I been present, I would have orable service and dedication. Tuesday, April 29, 2008 voted ‘‘aye’’ on Rollcall numbers 192, 193, f Mr. NADLER. Madam Speaker, I rise today 194 and 195. COAST GUARD AUTHORIZATION in recognition of Dr. Barbara Warren who is f ACT OF 2008 celebrating 20 years of service, dedication and RECOGNIZING NORTHWEST SPEECH OF hard work at the Lesbian, Gay, Bisexual and FLORIDA WAVES UNIT 52 Transgender Center in New York City. HON. DONNA M. CHRISTENSEN Dr. Warren joined the staff of the center in HON. JEFF MILLER OF VIRGIN ISLANDS 1988 as a psychologist and only healthcare OF FLORIDA IN THE HOUSE OF REPRESENTATIVES professional within the staff of six. Today, the IN THE HOUSE OF REPRESENTATIVES Thursday, April 24, 2008 Center has a staff of nearly 80 with a third of Tuesday, April 29, 2008 The House in Committee of the Whole those in service to health programs created House on the State of the Union had under under her leadership. Dr. Warren is one of the Mr. MILLER of Florida. Madam Speaker, on consideration the bill (H.R. 2830) to authorize greatest resources to be found at the Center, behalf of the United States Congress, it is an appropriations for the Coast Guard for fiscal a font of information and a tireless worker for honor for me to rise today to honor the North- year 2008, and for other purposes: the LGBT Community and all New Yorkers. west Florida Women Accepted for Volunteer Mrs. CHRISTENSEN. Mr. Chairman, I rise Dr. Warren has created numerous health Emergency Services, WAVES, Unit 52 and in support of H.R. 2830, ‘‘The Coast Guard programs, many the first of their kind, which recognize its members’ past, present, and fu- Authorization Act’’ and would like to commend now serve as examples both nationally and ture service to our country. Chairman OBERSTAR and Ranking Member Women had been serving the war effort for internationally. This array of programs include MICA for their work on the bill and their efforts years before they became an official addition programs concerning HIV/AIDS, Crystal Meth, in bringing it to the House floor today. The de- to the United States Navy in 1956. Tens of Bereavement, Alcohol, Substance and To- velopment of this bill has been a long process thousands of officers and enlisted women con- bacco Abuse, the Lesbian Cancer Initiative, and a collaborative effort. We are pleased that tributed significantly to the Allied success of the Gender Identity Project and the new Cen- it is before the House for passage. I would WWII. After their role in the Navy was legiti- also like to commend Chairman THOMPSON, ter CARE Recovery. Center CARE Recovery mized, WAVES National was formed to con- is the first licensed, outpatient LGBT-specific my colleagues on the Homeland Security nect former servicewomen and enable them to Committee and staff for their work on the Port alcohol and substance abuse recovery pro- share their stories and experiences. gram in New York State. Additionally, Dr. War- Security section of this legislation. I would like It is with grateful appreciation that I address to thank Chairman CUMMINGS and Ranking ren created the Center Youth Program, Youth this organization of valiant women whose par- Member LATOURETTE for theirs on Deepwater Enrichment Services (YES), 18 years ago, the ticipation in the military has evolved from the and their support of the Port Security provi- first LGBT Youth program in the country, unprecedented to the exemplary. At a time sions in H.R. 2830. which has grown today to serve countless when the role of women in the war effort was The United States Coast Guard has a broad youth from all over the New York Metro area. limited, members of WAVES transgressed so- and important role in homeland security, law Barbara has been active for many years in cietal norms by dutifully and commendably enforcement, search and rescue, marine envi- helping to secure critically important funding serving in the Navy and uniting against the ronmental pollution response, and the mainte- for LGBT social service programs through the Axis Power. Now, over sixty years later, nance of river, Intracoastal and offshore aids New York State Network of Lesbian, Gay, Bi- women serve in every branch of our armed to navigation. Yet it has been grossly under- sexual and Transgender Health and Human forces. Heroic accounts detailing the patriotism funded and therefore understaffed and under- Services Providers, the National Association of of women both on the battlefield and behind resourced. This bill provides much needed re- LGBT Community Centers and the Harry Ben- the line have altered the perception of wom- sources and capacity building to effectuate jamin International Gender Dysphoria Associa- en’s role in the military and redefined the ar- these changes without compromising security. tion, and is also a Faculty Member at the New chetypal soldier. In addition to increasing funding by $8.4 billion York State Academy of Addiction Studies and The Northwest Florida WAVES Unit 52 con- and the bill provides a much needed increase at the graduate programs of Fordham Univer- sists of 43 members, half of whom served in from 1,500 coast guard personnel to 47,000. sity, Hunter College, Columbia University and WWII. Their mission is to encourage ‘‘patriot- There are many important provisions in the Yeshiva University. ism, loyalty, and devotion to God, country and bill but I am particularly pleased with the provi- family.’’ Membership is limited to women and sions to improve Port Security, particularly for Dr. Warren was the principal writer of the of- includes those who have served or are cur- the Virgin Islands and the Caribbean. Section ficial state-sponsored (NYS Office of Alcohol rently serving in the Navy, Naval Reserve or 419 of the bill authorizes the Secretary of and Substance Abuse Service’s Training for other military Sea Services. Additional service Homeland Security to station additional Coast Counselors) training curriculum, which ad- is allotted to the community as members en- Guard assets in the U.S. Virgin Islands for dresses sensitivity to LGBT-specific needs. gage in various activities that benefit the sur- port security and other purposes. Currently, Today I rise to recognize and congratulate rounding area. the Virgin Islands are without a coast guard Dr. Barbara Warren for 20 years of out- The women of Waves Unit 52 have dedi- cutter and have to depend on Puerto Rico for standing and dedicated service to the people cated their lives to preserving the security of use of their vessel. This provision is a step of New York and for her groundbreaking work every American citizen. In conjunction with forward in establishing a permanent Coast in the field of LGBT Social Services which has National Military Appreciation Month, we rec- Guard unit in the Virgin Islands. set the standard for such programs both na- ognize the initial women of WAVES for em- Another very important issue to the Virgin tionally and internationally. ploying a bold determination to serve in the Islands and the Caribbean is cruise security. It

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

VerDate Aug 31 2005 05:37 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.004 E29APPT1 wwoods2 on PRODPC68 with REMARKS E750 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 is estimated that 10.6 million Americans took COPPER SALMON WILDERNESS Veterans Advisory Committee, he worked dili- a cruise from a U.S. port in 2007. These ports ACT gently to ensure that fellow veterans were get- include locations in the U.S. Virgin Islands, ting all the benefits that they deserved in the Puerto Rico and points throughout the Carib- SPEECH OF quickest way possible. He particularly focused bean. H.R. 2830 includes incident notification HON. DAVID WU on ensuring that veterans had adequate trans- requirements that would enhance cruise ship portation so that they could get to hospitals security. This provision would make our ports OF OREGON and outpatient clinics for medical treatment. more secure and thus more attractive to cruise IN THE HOUSE OF REPRESENTATIVES He also shared his hard work with others by ship travelers. Tuesday, April 22, 2008 writing articles in the Owego Pennysaver to alert veterans of any news that might be of Enhancing Port Security has been a priority Mr. WU. Mr. Speaker, I rise today in support use to them. for the Homeland Security Committee and The of H.R. 3513, the Copper Salmon Wilderness Coast Guard Authorization Act of 2007 will Act. This bill, introduced by my friend, col- Captain Howey was born on October 24, give the Coast Guard much needed reform as league and Dean of the Oregon delegation, 1928 in Oneonta, New York, to the late Morris well as strengthen our homeland security, pro- Mr. DEFAZIO, would set aside nearly 13,000 and Eva Burrell Howey. He leaves behind his tection of the marine environment and mari- acres in the headwaters of the Elk River on wife, Audrey; sister, Maureen; son, Clark; time safety. It reflects our commitment to im- the southern coast of Oregon, and designate stepdaughters Tammy and Ellen; and step- proving port security. more than 11 additional miles of the river as sons Mark, Tom and Henry. He is also survived by his grandchildren: Maria, Randi, We all remember with gratitude the stellar either wild or scenic under the Wild and Sce- Chance, Andrew, Amanda and Justin, and work of the U.S. Coast Guard during Hurri- nic Rivers Act. great-grandchildren: Christian, Justin and cane Katrina. Were it not for them many more The Copper Salmon area contains one of Shea. lives would have been lost. This bill is a down the Nation’s largest remaining stands of low- payment on the gratitude we owe them for this elevation old-growth forest and in the north He was involved in many organizations, in- and their work in the waters of our Nation. I fork of the Elk, one of the healthiest salmon, cluding serving as past commander and life- encourage my colleagues to support the bill steelhead, and cutthroat trout runs in the con- long member of the Owego Veterans of For- and urge its final passage. tinental United States. eign Wars Post No. 1371 and as a member of Mr. Speaker, I cannot talk about the health the American Legion, Quiet Birdmen, Bing- f of this great river without calling attention to hamton Hanger and Harris Hill Soaring Cor- the fact that the Pacific Coast salmon fisher- poration. In addition to his work for veterans, CONGRATULATING THE WINONA men face one of the largest salmon fishery Captain Howey was also an avid pilot who STATE UNIVERSITY MEN’S COL- closures ever recorded in the United States. It worked as a pilot instructor and examiner. LEGE BASKETBALL TEAM is legislation like this that makes us realize the His exceptional dedication to veterans, as importance of looking into the future and to well as his own faithful service to his country move in a direction that not only protects the and community, is to be commended. I ex- HON. MICHELE BACHMANN fish, but also the local economy by providing press my deepest sympathies to Captain habitat for more fish to flourish and survive OF MINNESOTA Howey’s family, and the entire Tioga County into adulthood. community, for their loss. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it was poor natural resource management that has helped to create our re- f Tuesday, April 29, 2008 cent salmon disasters and this bill offers a Mrs. BACHMANN. Madam Speaker, I rise to chance to head in another direction. The Or- IN RECOGNITION OF SGT. KEVIN congratulate the Winona State University egon delegation and their friends in California HALL AND THE POLICE UNITY Men’s College Basketball team, winners of the and Washington have worked hard, and TOUR NCAA Division 11 College Basketball Cham- worked collectively to make sure that both pionship. A proud Warrior myself, I am hon- salmon and our fishermen are protected. ored to recognize the accomplishments of the I would like to thank you, Mr. Speaker, for HON. JAMES T. WALSH team and its talented members, and to ac- your assistance in the past for disaster relief OF NEW YORK funds for our 1,200 salmon fishermen. I ask knowledge the contributions they make to the IN THE HOUSE OF REPRESENTATIVES University and its surrounding community. that you keep a watchful eye this season as the salmon fishermen of the Pacific face an- Tuesday, April 29, 2008 I am especially proud of 3 Warriors from other closed season, another disaster declara- Minnesota’s Sixth District: Mr. Ryan Gargaro, tion, and lost revenue. Mr. WALSH of New York. Madam Speaker, Mr. Travis Whipple, and Mr. Max Hintz, all of I rise today to recognize Sgt. Kevin Hall of the f Woodbury. Their tireless hard work and dedi- Webster Police Department and the Police cation to their teammates and their University TRIBUTE TO CAPTAIN JACK B. Unity Tour. set a great example for all Winona State stu- HOWEY On May 9, 2008, Sgt. Hall will begin a trek dents. to Washington, DC, consisting of 300 miles. Senior Ryan Gargaro and junior Travis HON. MICHAEL A. ARCURI He will stop in Liberty Park, New Jersey where Whipple are also to be commended for their OF NEW YORK he will join about 1,000 officers and continue brilliance off the court. Ryan was named to the to our Nation’s capitol. The tour will finish in IN THE HOUSE OF REPRESENTATIVES 2005–2006 and 2006–2007 NSIC All-Aca- Washington, DC where groups from the north, demic Teams. Travis was also named to the Tuesday, April 29, 2008 south and west will converge. On Monday, 2006–2007 Team, and will be a key leader as Mr. ARCURI. Madam Speaker, I rise today May 12, the contingent of officers will bicycle he returns next season. Max Hintz is a fresh- in recognition of Captain Jack B. Howey, a to the National Law Enforcement Memorial, to man, and our eyes will be on him as he ex- member of my Veterans Advisory Committee honor all officers who died in the line of duty. plores his great promise in the years to come. who passed away on April 14, 2008. This bicycle tour also marks the start of Law Madam Speaker, it is my honor as a Wi- Captain Howey had 9 years of enlisted serv- Enforcement Week. nona State University Alum to congratulate the ice and 18 years of commissioned service in Sgt. Kevin Hall has always strived to cheer- Men’s College Basketball team on its second the Active Duty Army, the Army Reserve and fully serve and protect his fellow citizens and NCAA Division II Championship in its last 3 the New York Army National Guard. A veteran I am proud to recognize him today. I congratu- seasons. The contributions of its players and of the Korean War, he served as an advisor late Sgt. Hall on joining this important group these Woodbury residents to the program and to the South Korean Army. He retired in 1974 and I wish him the best in his training and the greater University community will serve as from the 204th Engineer Battalion of the New journey. On behalf of the people of the 25th a constant reminder to prospective and current York Army National Guard. District of New York, I thank Officer Hall for students of the true pride and honor that goes As the Director of the Tioga County Vet- his dedicated service that has been a strong in to being a Winona State Warrior. erans Service Agency and as a member of my pillar in the community.

VerDate Aug 31 2005 05:37 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.003 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E751 RECOGNITION OF DR. ROBERT TEACH ABOUT THE GENOCIDE OF the national or local government’s political FRALEY OF ST. LOUIS, MISSOURI ROMA sensitivities. AS RECIPIENT OF THE NA- So I am not here to make the case for pros- TIONAL ACADEMY OF SCIENCES’ HON. ALCEE L. HASTINGS ecuting people for the content of their speech, AWARD FOR THE INDUSTRIAL OF FLORIDA or to argue that Senator Janackova should go to jail for what she said. Instead, I rise today APPLICATION OF SCIENCE IN THE HOUSE OF REPRESENTATIVES to recommend that Senator Janackova visit Tuesday, April 29, 2008 the Romani camp at Auschwitz. HON. W. TODD AKIN Mr. HASTINGS of Florida. Madam Speaker, During World War II, Roma were targeted OF MISSOURI as Chairman of the Commission on Security for death by the Nazis based on their ethnicity. IN THE HOUSE OF REPRESENTATIVES and Cooperation in Europe, I closely monitor At least 23,000 Roma were brought to Ausch- witz—including many from the concentrations Tuesday, April 29, 2008 incidents of racism and intolerance in the OSCE region. Today, I rise to address the camps at Lety and Hodonin. Almost all of Mr. AKIN. Madam Speaker, I rise today in need to foster greater knowledge of the geno- them perished in the gas chambers or from recognition of Dr. Robert Fraley who was a re- cide of Roma. I am moved to do so by some starvation. exhaustion, or disease. Some cent recipient of the National Academy of recent developments in the Czech Republic. Ronia also died at the hands of sadistic SS Sciences’ Award for the Industrial Application Too little is known, and too little is under- doctors, like Joseph Mengele. In fact, a young of Science. stood, about the genocide of Roma during Czech woman, Dina Babbitt-Gottlieb, also in- Every three years, the National Academy of World War II—and that ignorance manifests terned at Auschwitz, was forced to paint por- Sciences recognizes one individual for original itself in many ways. traits of Roma for Mengele, who particularly scientific work of both intrinsic scientific impor- Last year, a tape recording emerged of a liked to conduct gruesome medical experi- tance and with significant, beneficial applica- local housing committee meeting in the town ments on Roma. tions in industry. This year, Dr. Fraley was of Ostrava in the eastern part of the Czech On the night of August 2nd and 3rd, 1944, honored with this important distinction for de- Republic, On this tape recording was the voice the order was given to liquidate the Romani veloping technologies that have enabled the of Senator Liana Janackova. who was serving camp at Auschwitz. In a single evening, 2,897 production of the world’s first transgenic crops. as a local mayor at the time the recording was Romani men, women and children were killed These modified plants have increased produc- made. And on this tape recording, Senator in gas chambers. In the end, almost the entire tivity, reduced chemical use, and profoundly Janackova is heard to say: ‘‘Unfortunately, I Romani population of the Czech lands was changed global agriculture. am a racist. I disagree with the integration of exterminated during the Nazi occupation. Since the 1980s, Dr. Fraley has been in- Gypsies so that they would live across the I don’t know Senator Janackova. But I’d bet volved in agricultural biotechnology. Often re- area. Unfortunately, we have chosen the she has not been to the Romani camp at ferred to as the father of agricultural bio- Bedriska (colony) and so they will stay there, Auschwitz. Maybe she has not even been to technology, Dr. Fraley currently oversees with a high fence and with electricity.’’ She the Museum of Roma Culture in Brno. Maybe Monsanto’s integral crop and seed agri- was also heard to say that she had no place she could view the collection of photographs business biotechnology and research. to move the Roma and would therefore like to of Czech Romani Holocaust victims that have been displayed in Prague. Maybe she could Throughout his distinguished career, Dr. dynamite them away. even help secure the resources to remove the Fraley has contributed to various significant News reports say that the Senator has since pig farm from the site of the Lety concentra- agricultural development activities including apologized and called her remarks ‘‘silly’’ and tion camp, as called for by many Romani ac- authoring more than 100 publications and pat- explained that they were not directed against all Roma, just some Roma. tivists and some government officials. ent applications relating to technical advances So I’m not calling for Senator Janackova go in agricultural biotechnology. In 1999, Dr. Last week, this case was back in the news because the Czech Senate declined to lift to jail. But I would like it if she could visit the Fraley received the National Medal of Tech- Romani camp at Auschwitz. I think she would nology from President Clinton and was award- Senator Janackova’s immunity, a necessary step for prosecutors to charge her under the learn a lot there—she might even learn that ed the National Award for Agricultural Excel- words can have real consequences. lence in Science by the National Agri-Mar- Czech Republic’s laws that make defamation keting Association in 1995. Dr. Fraley has also of a nation, ethnic group, race or faith a crime. f been awarded the Monsanto Edgar M. There has already been considerable criti- GREAT LOSS OF ALFRED BARNES Queeny Award in recognition of the discovery, cism of the Czech Senate’s 54 to 13 vote. Ac- development and successful commercializa- cording to news reports, those who voted HON. KATHY CASTOR  against lifting Senator Janackova’s immunity tion of Roundup Ready crops as well as the OF FLORIDA argued that she didn’t make those remarks Monsanto Thomas and Hochwalt Award for IN THE HOUSE OF REPRESENTATIVES with a racist intent. Senator Janackova de- recognition of the advances made in basic re- Tuesday, April 29, 2008 search in plant biology. clared herself to be a racist and talked about Ms. CASTOR. Madam Speaker, I rise today Dr. Fraley is a shining example of the inno- dynamiting members of the Czech Republic’s in honor of a great educator and leader, Alfred vative ideas and great leadership that we have most persecuted minority, but they didn’t think ‘‘Al’’ Barnes. The Tampa Bay community suf- in Missouri. I thank Dr. Fraley for his service she had a racist intent. Frankly, I’m having a fered a great loss on April 22, 2008 when he to the St. Louis community and beyond. I ask little trouble following that logic. The fact is, this case illustrates one of the passed away. that my colleagues join me in congratulating many ways in which hate speech laws stray Mr. Barnes grew up in the North Boulevard him on this important honor. from their original purpose and, often, don’t Homes in West Tampa and graduated from work the way they were intended. Middleton High School in 1956. He went on to f Now, I am not an advocate of hate speech Fort Valley State College on a full football PERSONAL EXPLANATION laws as a means to address racism and intol- scholarship, where he completed his Bachelor erance. It is perhaps worth recalling that just of Science. Upon graduation, Mr. Barnes a few years ago in the Czech Republic, a began his career in education. His first assign- HON. ROBERT E. ANDREWS Romani woman cursed the wall that had been ment was as a P.E. teacher at the all-black OF NEW JERSEY built in Usti nad Labem to separate Roma Progress Village Elementary. But as segrega- IN THE HOUSE OF REPRESENTATIVES from non-Roma. In an extraordinary mis- tion ended and Tampa worked to integrate its Tuesday, April 29, 2008 carriage of justice, she was convicted of hate schools, Mr. Barnes was transferred to the speech for doing so. If not pardoned by then all-white Riverhills Elementary in 1965. It Mr. ANDREWS. Madam Speaker, I was not Va´clav Havel, she would’ve gone to prison. was a difficult time to be a black man in a present on April 23, 2008. Had I been present, And Romani activist Ondrej Gina was threat- white school, but Mr. Barnes’ dedication to I would have voted ‘‘yea’’ on the following roll- ened with hate speech charges for saying his children and love of teaching moved him on- call votes: rollcall 209, rollcall 210, rollcall 211, town was racist. ward. In 1969 he became Tampa’s first black rollcall 212, rollcall 213, rollcall 214, rollcall From where I stand, there are just too many varsity coach at Hillsborough High School, and 215, rollcall 217, and rollcall 219. cases where people are charged under hate for 25 years, he was the human relations spe- I would have voted ‘‘nay’’ on the following: speech laws not because they have fomented cialist at Plant High School, helping at risk stu- rollcall 208 and rollcall 216. racial hatred, but because they have offended dents.

VerDate Aug 31 2005 05:37 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.008 E29APPT1 wwoods2 on PRODPC68 with REMARKS E752 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 Over his 40-year career in education. Mr. the Civil War. The county was mostly made up choir, band, pep band, and jazz band, as well Barnes taught generations of Tampa students of Unionist sympathizers and the Greeneville as a junior high cadet jazz band, 5th grade about acceptance and understanding, and his Convention of 1861 was Tennessee’s largest band and 6th–8th grade music. efforts are well remembered by them today. and most important pro-Union meeting in the All Montanans can be proud of this out- As Olga Barnes, his wife of 45 years puts it. weeks prior to the Civil War. Furthermore, standing contribution to music education. The ‘‘The children fell in love with him, and he fell after the Confederate loss at the battle of hard work and dedication of Mrs. Sticka and in love with them.’’ Tampa Mayor Pam Iorio, Knoxville in 1863, General James Longstreet her students is certainly well-deserving of the Mr. Barnes’ former student, considers him a intended to stay the winter in Greeneville. 2008 Grammy Signature School Enterprise role model and appointed him to the Tampa Greene County’s historic production of bur- Award. Sports Authority. Carlye Morgan, a member of ley tobacco led to prosperity in the late nine- I ask that Mrs. Michel Sticka, Bridger High my staff in DC, is a graduate of Plant and was teenth century. After years of being one of the School, and the high school music students be a member of the Student Advisory Committee, region’s most important tobacco markets, the added in my comments today. a student club that Mr. Barnes started to pro- University of Tennessee Extension Service Music Teacher: Mrs. Michel Sticka mote race relations and leadership at the has invested in an experimental farm just out- Superintendent: Mr. John Ballard school. She remembers his capacity to bring side of Greeneville which provides students Students: Benton Asbury, Katryna Asbury, students of all backgrounds together to work with unique learning opportunities. Samantha Bobby, Jon Bostwick, Devon on common goals. ‘‘He gave me the chance to I would like to honor all who have had a Cabellero, Jenny Cooke, Jessica Denney, be a leader at my school and taught me the hand in shaping the historic past of Greene Karissa DeRudder, Sommer Dykstra, Rebekah power of mutual respect and acceptance. And County and those who will continue to shape Edelman, Hayden Forsythe, Hannah Goetz, students knew he was the type of teacher they Greene County for many years to come. Ma- Jacey Griswold, Elliott McCarthy, Forrest could always come to if they needed help.’’ dame Speaker, as you can see, history, herit- McCarthy, Kimberly McClurg, Heidi Mudd, Outside of school. Mr. Barnes loved to age, and culture are major characteristics of Wendi Mudd, Taran Murray, Lenore Pierson, scour flea markets for jewelry. A pocket watch the First District, Greene County, and Cole Schwend, Edward Stevenson, Andrea and antiques collector, neighbors and friends Greeneville. I ask my colleagues to honor and Sticka, Bailee Vaughn, Ryan Witt, Kyla Young, rarely saw him without a healthy dose of his share Greene County and Greeneville’s 225th Tyler Young, Brittany Zentner. latest finds glittering back at them. As a mem- anniversary celebration here today. f ber of First Baptist Church of College Hill, his f collection of African artifacts was always a hit RECOGNIZING DARKNESS TO with the congregation during Black History CONGRATULATING BRIDGER HIGH LIGHT OF CHARLESTON, SOUTH Month. SCHOOL CAROLINA DURING NATIONAL Madam Speaker. Al Barnes will he greatly CHILD ABUSE PREVENTION missed by me and my community. Tampa is HON. DENNIS R. REHBERG MONTH a more loving and accepting place because of OF MONTANA his dedication to our children. My thoughts are IN THE HOUSE OF REPRESENTATIVES HON. HENRY E. BROWN, JR. with Olga, his children Alfred and Zane, and Tuesday, April 29, 2008 OF SOUTH CAROLINA his grandchildren, Luisa, Angelita, Andy, Brian, IN THE HOUSE OF REPRESENTATIVES Mr. REHBERG. Madam Speaker, I rise Kayla, and Kelsey. Tuesday, April 29, 2008 f today to recognize Bridger High School of Bridger, Montana for their 2008 Grammy Sig- Mr. BROWN of South Carolina. Madam HONORING GREENE COUNTY nature School Enterprise Award. With this Speaker, as you know, April is Child Abuse prestigious award for academic excellence in Prevention Month. I would like to take this op- HON. DAVID DAVIS music, Bridger High School receives a $5,000 portunity to tell you about an organization in OF TENNESSEE grant to use for improvement in their music my home town of Charleston, South Carolina IN THE HOUSE OF REPRESENTATIVES department. These funds will also help this that was started just eight years ago to pre- Tuesday April 29, 2008 school’s music department improve the quality vent one of the most horrific aspects of child of their program to a level that will allow them abuse: child sexual abuse. Mr. DAVID DAVIS of Tennessee. Madam to compete for Grammy Signature School sta- Statistics show that one in four girls and one Speaker, I rise today to pay tribute to Greene tus in years to come. in six boys will be sexually abused by the age County and Greeneville, Tennessee. Both The Grammy Signature School program of 18. Further, 90 percent of child sexual celebrated their 225th anniversary on April 26. Greene County was originally formed by the was created by the Grammy Foundation in abuse offenders are in an authority position North Carolina Legislature on April 26, 1783 1998. Through a stringent application process over the children they are abusing, making it and just two years later, it because part of the that begins in September with notifying over difficult for children to speak out or confront state of Tennessee during the split of the 20,000 schools nation-wide each school year, the abuse. Ms. Anne Lee of Charleston founded Dark- State of Franklin. Today it still shares the pris- public high schools from a variety of large, ness to LightTM in 1999 with the core belief tine mountains, abundant history, and rich cul- small, urban, and rural districts are encour- that adults should be responsible for the care ture that it did 225 years ago. aged to send information regarding each Greene County has become a thriving tour- school’s music program. After each application and protection of children. Darkness to Light ist destination with its abundant history and is reviewed, finalists are chosen and then re- seeks to reduce the incidence of child sexual the many restorations throughout the county. quired to submit additional documentation in- abuse by shifting the responsibility from chil- Located in the foothills of the Smoky Moun- cluding recordings of school concerts and pro- dren to adults. Their Stewards of ChildrenTM tains, Greene County is one of the largest grams. The Grammy screening committee training program teaches adults to prevent, counties in Tennessee and hosts Greeneville; then reviews each finalist to determine the recognize and react responsibly to child sex- Tennessee’s second oldest town. winners. Bridger High School is the first school ual abuse. It was recently named ‘‘Crime Pre- Our 17th President, Andrew Johnson, who in Montana history to win the Enterprise vention Program of the Year’’ by the National took the presidency after Abraham Lincoln, Award. Crime Prevention Association. also calls Greene County home and is where Bridger, Montana is a small agricultural This training program is being utilized by he was finally laid to rest in 1875. community of approximately 750 residents lo- youth-serving organizations, as well as individ- Celebrated hero, American folklore legend, cated in south-central Montana. Bridger High uals and businesses who want to respond to and former Member of the United States School is part of a K-12 school with 199 stu- the epidemic nature of this problem. Darkness House of Representatives, Davy Crockett was dents. The music department has one teacher, to Light also offers Stewards program in a fully born in Greene County. Mrs. Michel Sticka. Since Mrs. Sticka joined interactive, on-line format. Tusculum College, which calls Greene the staff six years ago, the music department To date, over 120,000 adults in 47 U.S. County home, was founded in 1794 and is has grown from a handful of students to the States and territories—as well as nine foreign Tennessee’s oldest college. Tusculum also is exceptional program it is today. The fact that countries—have completed the Stewards of the oldest educational institution to be affili- Mrs. Sticka has built this music program from Children training. I commend Anne Lee and all ated with the Presbyterian Church. the ground up is phenomenal, especially con- of her colleagues for creating this important Greene County’s Civil War ties are abun- sidering the relatively small size of the school. child protection program, and I encourage you dant and the county played a pivotal role in Her music program consists of a high school all to visit the Darkness to Light website at

VerDate Aug 31 2005 05:37 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.012 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E753 wwwD2L.org to get the necessary information those around them. The outstanding work of HONORING THE RECORDING FOR to protect children from child sexual abuse. Troop 10 and the Eagle Scouts has signifi- THE BLIND AND DYSLEXIC FOR f cantly improved the Bucks County community. THEIR OUTSTANDING SERVICE Madam Speaker, I am proud to represent Boy TOTHE COMMUNITY HONORING THE EAGLE SCOUTS OF Scout Troop 10 and grateful for the oppor- BOY SCOUT TROOP 10 OF LOWER tunity to recognize those attaining the rank of MAKEFIELD HON. ROSA L. DeLAURO Eagle Scout. OF CONNECTICUT HON. PATRICK J. MURPHY IN THE HOUSE OF REPRESENTATIVES f Tuesday, April 29, 2008 OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF NEW YORK Ms. DELAURO. Madam Speaker, as we celebrate National Volunteers Week, I rise today Tuesday, April 29, 2008 ARTISTS EQUITY ASSOCIATION’S 60TH ANNIVERSARY to recognize the outstanding efforts of the Re- Mr. PATRICK J. MURPHY of Pennsylvania. cording for the Blind and Dyslexic—a national Madam Speaker, I rise today to honor the 10 non-profit, volunteer organization that, for 60 recipients who have achieved the rank of HON. JERROLD NADLER years, has been the leading producer of ac- Eagle from Boy Scout Troop 10 in Lower cessible education materials for students with Makefield, Pennsylvania. This troop has a long OF NEW YORK disabilities. I would like to extend a special and notable history of improving Bucks County IN THE HOUSE OF REPRESENTATIVES note of thanks and appreciation to the Con- through various service projects and commu- necticut chapter led by my good friend, Anne nity outreach programs. Tuesday, April 29, 2008 Fortunato. On May 4, 2008, 10 members of the Boy ‘‘Education is a right, not a privilege.’’ That Scout Troop 10 will receive their Eagle Badge Mr. NADLER. Madam Speaker, I rise today was the mantra of Anne T. Macdonald, found- at the Troop’s Eagle Court of Honor cere- in recognition of New York Artists Equity Asso- er of the Recording for the Blind and Dyslexic. mony. Becoming an Eagle Scout is the high- ciation (NYAEA), now celebrating its 60th an- Shortly after the end of World War II, letters est honor a Boy Scout can receive and re- niversary. began flooding the New York Library’s Wom- flects the high expectations the Boy Scouts of NYAEA’s advocacy for legislation on behalf en’s Auxiliary from soldiers who had lost their America have of their members. Only about 5 of visual artists is matched only by its dedica- sight during combat but were eager to move percent of Boy Scouts will go on to receive tion to the development of the visual arts in forward with their lives. The new GI bill guar- their Eagle Scout rank. This award reflects our communities, placing the New York artistic anteed them a college education but among proficiency in several areas such as leader- world in the context of the larger society, as a the many obstacles they faced was access to ship and outdoor skills as well as years of necessary component that enriches all of our college textbooks. These veterans were hop- dedication and hard work serving one’s com- lives. ing for any assistance the auxiliary could pro- munity. vide and they developed a creative solution The dedication of Troop 10 to the principles Significantly, the Association promotes that continues to benefit others today. of scouting is evident in the hard work and emerging American and international artists in The women transformed the attic of the dedication the Scouts showed in completing its Broome Street Gallery. In 2006, the organi- New York Library into a recording studio their various Eagle Scout service projects. zation established the Jacob and Gwendolyn where volunteers began recording textbooks Max Lee Telsey, Assistant Quartermaster, Lawrence Awards Fund, which finances solo for the servicemen. In just 3 short years de- worked on several construction projects to im- exhibitions for emerging and under-recognized mand had grown so much the organization prove the Cornerstone Church in Philadelphia. artists. I had the pleasure of meeting Jacob was incorporated as the Nation’s only non- Stuart Nyal Taylor, Senior Patrol Leader, re- Lawrence, a renowned artist and past presi- profit to record textbooks. The following year, stored a historically accurate fence at dent of NYAEA at their 50th anniversary cele- Anne Macdonald traveled across the country Pennsbury Manor. Benjamin Lawrence bration, when Al Hirschfeld honored me by to organize recording studios in other commu- Caggia, Assistant Senior Patrol Leader and putting both of us in one of his drawings. nities. Today, there are a total of 30 studios Troop Guide, spray painted house numbers on nationwide and the organization has expanded Madam Speaker, I particularly commend the street curbs for emergency service re- its mission to provide education materials for NYAEA, under the leadership of its Executive sponders in the Heather Ridge and Yardley students of all ages coping with various dis- Director, Regina Stewart, for supporting visual Run neighborhoods. Owen Lynn, Assistant abilities. Senior Patrol Leader, assembled and deliv- artists at a time when they receive no help One of those studios is the Connecticut unit ered 346 meals for Aid for Friends. Jacob from the government. The Association pro- located in New Haven which was established Robert Vandenburg, also an Assistant Senior vides referrals, legal services, and health care in 1959 and has since become a model for Patrol Leader, constructed a shelving unit for to visual artists in need, helping to ensure other communities. The Connecticut unit has the American Red Cross’s new Disaster Serv- economic stability for those artists who might been a leader for the organization since their ices readiness storage unit in Lower Bucks otherwise be forced to abandon their talents inception. A testament to the quality of produc- County. Jared Michael Slaweski, Troop Guide due to economic difficulties. New York Artists tion, shortly after their establishment the Con- and Quartermaster, renovated a community Equity Association works to preserve endan- necticut unit was selected by the national nature trail and worked on bridge and sign gered visual art work, helping to assure the headquarters for a very special and pres- construction for Lower Makefield Township. survival of our rich artistic past. tigious project—the recording of the complete Ryan Mathew Bender, Quartermaster, de- I am proud that NYAEA is in my Congres- works of nine American authors including signed and built an outdoor family recreation sional District, and that its work reaches far Samuel Clemens, Stephen Crane, Ralph area at the Bucks County Housing Group. An- beyond my District to help visual artists in the Waldo Emerson, Nathaniel Hawthorne, William drew Maxwell Sing, Quartermaster and Troop larger community. I wish to thank the Associa- Dean Howells, Washington Irving, Herman Scribe, installed shelves in the childcare sup- tion for all it has done to advocate for the vis- Melville, Henry David Thoreau, and Walt Whit- ply closet, reconditioned a resident bathroom ual arts, and I also want to thank one of the man. and organized the donation room for the Levit- Association’s Past Vice Presidents, Doris Today, the Connecticut unit specializes in the production of science and technology town American Red Cross Shelter. Robert Wyman, who serves on my Arts Advisory James Pennington, Troop Guide, recondi- books. Led by Anne Fortunato, a respected Committee, for her tireless advocacy. Because tioned a community nature trail for Lower advocate and distinguished leader in edu- of my on-going work with this fine organization Makefield Township. Colin Steuart Johnston, cation, the Connecticut unit operates a studio and their leadership, I know of their constant Quartermaster, organized and collected with six soundproof booths and utilizes over efforts and I commend them. $1,500 worth of snacks for the healthy snack 160 volunteers along with a small paid staff to food drive for the American Red Cross of For 60 years, NYAEA has been a pas- record books for hundreds of Connecticut resi- Lower Bucks County. sionate advocate for visual artists. I salute dents and thousands of people across the Boy Scout Troop 10 of Lower Makefield and New York Artists Equity Association for help- country. I have been a proud supporter of the its 10 recipients of the rank of Eagle are ex- ing to assure a stable artistic community—one Connecticut unit for more than a decade and ceptional examples of how a group of dedi- that is, and always must be, recognized as it is always an honor for me to go to the studio cated individuals can truly better the lives of vital to our heritage and culture. each year to record pieces on their behalf.

VerDate Aug 31 2005 05:37 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.013 E29APPT1 wwoods2 on PRODPC68 with REMARKS E754 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 Their work and that of the other studios across TRIBUTE TO MR. ROLAND Anniversary of Youth Educational Services, an the country are making all the difference—en- ROEBUCK innovative community-based organization at suring that a quality education is an oppor- Humboldt State University in Humboldt Coun- tunity for all and truly making education a right HON. DONNA M. CHRISTENSEN ty, California. and not a privilege. OF THE VIRGIN ISLANDS Youth Educational Services (YES) trains This week, as we recognize the invaluable IN THE HOUSE OF REPRESENTATIVES students for volunteer positions throughout the community, encouraging leadership, commu- contributions made to all of our communities Tuesday, April 29, 2008 by volunteers, I am proud to stand and pay nication and interpersonal skills. This well-di- tribute to the Recording for the Blind and Mrs. CHRISTENSEN. Madam Speaker, I rected service aids students in becoming suc- Dyslexic and the hundreds of individuals who rise to congratulate Mr. Roland Roebuck, on cessful in all aspects of program direction and volunteer their time to make their mission pos- the occasion of his retirement. Mr. Roebuck is management. The skills developed at YES sible. There are no words of praise that can a Virgin Islander who has served the Govern- open up a variety of future career opportuni- describe the extraordinary impact of this orga- ment of the District of Columbia, his adopted ties and many students who once served as nization. There is no doubt that their good community, in an exemplary manner, for 25 volunteers have gone on to have a positive work will continue to open the doors of oppor- years. Roland, or Rolando, as those in the impact in Humboldt County and around the tunity to others for generations to come. Hispanic community affectionately refer to him, world. has been an advocate for the social, economic Over the past 40 years, YES has created f and political causes of people of color. over 70 volunteer programs that address the Roland grew up on St. Croix, the prote´ge´ of diverse needs of local residents and provide HONORING THE LIFE OF BRENDA a Puerto Rican mother and a Crucian father, students with a myriad of service-learning op- BUSH where he was able to bridge the two cultures portunities. Their efforts facilitate active stu- and gain the best of both worlds. dent participation in social change by address- Later, he served in the U.S. Air Force, giving the needs of the local community. HON. JEFF MILLER ing back to the Nation that he loves, before A wide range of local organizations began OF FLORIDA furthering his education and earning a Bach- as programs at Youth Educational Services, elor of Arts degree from the University of the contributing to the overall health of our com- IN THE HOUSE OF REPRESENTATIVES District of Columbia. munity. Outstanding examples include, Hum- Tuesday, April 29, 2008 In 1984, Roland joined the District of Colum- boldt Open Door Clinic, which provides high bia Government and worked in various posi- quality, affordable, accessible health care and Mr. MILLER of Florida. Madam Speaker, on tions over the years. He excelled in ensuring education to the county; Humboldt State Uni- behalf of the United States Congress, it is an that the rights of Latinos were protected and versity’s Campus Center for Appropriate Tech- honor for me to rise today to recognize the life facilitated the understanding of their cultures nology, an on-campus educational center for of Northwest Florida’s beloved Brenda Bush. and more. sustainable technology and resource con- A native of Andalusia, Alabama. Brenda As a guardian of culture, Roland travelled servation; and 4–H Trail, a therapeutic horse- Bush moved to Crestview, Florida, located in around the world, giving lectures and work- back riding program for children with disabil- Florida’s First Congressional District, in shops in understanding the lives of others who ities. 1986—a place where her footsteps were were different. As a former board member of Madam Speaker, it is appropriate that we planted and will never wash away. the St. Croix Landmark Society, he used the recognize the Youth Educational Services pro- Mrs. Bush was an active member in the opportunity to dialogue with the people of gram at Humboldt State University for their business, civic, and church communities. In Denmark, a country that sold the then Danish outstanding achievements and contributions to 1993, Brenda Bush was elected to the Virgin Islands to the United States for $25, the community over the last 40 years. Crestview City Council, where she continually 000,000 in 1917, to preserve and incorporate f served her community with passion and com- their influences on the lives of Virgin Islanders. mitment to excellence. Mrs. Bush was also a He assisted in developing an archival program HONORING THE 75TH ANNIVER- member of the Okaloosa County League of that has allowed my constituents to search SARY OF THE SOUTH BEND SYM- Cities, Northwest Florida League of Cities, their genealogical connections and get a PHONY ORCHESTRA Okaloosa-Walton Transportation Planning Or- sense of their ancestry. ganization, and Economic Development Coun- Roland is a dependable, compassionate HON. JOE DONNELLY cil. An active member of First Baptist Church person, who truly cares about those with OF INDIANA of Crestview, Mrs. Bush served on various whom he has come in contact. His respon- IN THE HOUSE OF REPRESENTATIVES committees and as a Sunday school teacher. siveness to those who seek his knowledge Tuesday, April 29, 2008 She was a member of the North Okaloosa and wisdom, speak to his dedication. He is al- Unit of the American Cancer Society, Wom- ways there, giving support to his family, Mr. DONNELLY. Madam Speaker, I rise an’s Club of Crestview, and Crestview Area friends and community and he has left a fitting today to honor the 75th anniversary of the Chamber of Commerce. Her service to the legacy in the Government of the District of Co- South Bend Symphony Orchestra. The South Northwest Florida community was not uncom- lumbia that others will do well to exemplify. Bend Symphony Orchestra has been an inte- mon to all who knew her and all who were Madam Speaker, on behalf of myself and gral part of cultural growth in the South Bend blessed by her presence, as it played a role my family, my entire staff and the communities community since its inception in 1932. Thanks in her daily life. of the United States Virgin Islands and the to the efforts of the orchestra’s first president and concept manager Ella May Morris, people To some Brenda Bush will be remembered District of Columbia, let me express our grati- from around the world have enjoyed the op- as a public servant and dear colleague, and to tude to Roland for his many contributions over portunity to hear the South Bend Symphony others an educator and volunteer. She will the years. We know that he will continue to perform for over seven decades. long be remembered by her family and friends work on behalf of his many causes as he be- I should first pay tribute to the tireless ef- as a woman of strong Christian faith, a loving gins his retirement. Roland, thank you for a forts of Maestro Tsung Yeh, the music director and compassionate mother, grandmother, job well done. and conductor of the symphony orchestra. His wife, and companion; and we will all remem- f nineteen-year tenure at the South Bend Sym- ber her passion and generosity. Mrs. Bush HONORING THE YOUTH EDU- phony Orchestra helped it become an out- touched a number of lives. We will forever be CATIONAL SERVICES OF HUM- standing orchestra. Maestro Yeh is praised grateful and forever be inspired by her life. BOLDT COUNTY, CALIFORNIA around the world for conducting the South Mrs. Bush is survived by her husband, Jim, Bend Symphony and at venues in Singapore. three children, and three grandchildren. To her HON. MIKE THOMPSON I also recognize the group of talented musi- family and friends, I would like to offer my sin- OF CALIFORNIA cians that comprise the South Bend Sym- cere condolences. Northwest Florida has suf- IN THE HOUSE OF REPRESENTATIVES phony Orchestra. These professional musi- fered a great loss. cians moved to our community from the finest Madam Speaker, on behalf of the United Tuesday, April 29, 2008 music schools and conservatories around the States Congress, I am proud to honor the life Mr. THOMPSON of California. Madam world. We are grateful for their gifts to the of Brenda Bush and her living legacy. Speaker, I rise today to recognize the 40th community.

VerDate Aug 31 2005 05:39 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.015 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E755 Finally, I thank the South Bend community All for love of country, so stands the reason ucts, more consumers have become endan- for continually supporting the South Bend why . . . all of these most splendid he- gered. This legislation will improve account- Symphony Orchestra. I am proud to be a roes here so came! ability of foreign manufacturers and promote But, all they ask. . . member of a community that invests in main- consumer safety, and I urge all my colleagues taining cultural diversity through continued pa- For all they want and all they ask! to join as cosponsors. Is but, for you to stand behind them forever tronage of the arts. there steadfast! f The South Bend Symphony Orchestra has And as the battle rages on, all they pray for PERSONAL EXPLANATION achieved a memorable milestone. I offer my is for your support to carry on . . . and congratulations to the musicians, Maestro to last! Tsung Yeh, the symphony’s board, the many That’s, all they asked! HON. ADAM H. PUTNAM financial donors, and the greater South Bend A young Hero died today. . . OF FLORIDA community for helping the orchestra complete While, it was he or she . . . who here so IN THE HOUSE OF REPRESENTATIVES showed us all the way! 75 wonderful years. Tuesday, April 29, 2008 f And now, as they lower this Most Splendid Hero . . . this Most Magnificent Pa- Mr. PUTNAM. Madam Speaker, on Tues- A TRIBUTE TO OUR TROOPS triot into their grave. . . day, April 22, 2008, I was not present for three But, did you give them all that they asked votes. Please let the record show that had I . . . is that but what you gave? HON. JOE WILSON That’s all they asked! been here, I would have voted: ‘‘Yea’’ on H. OF SOUTH CAROLINA Res. 981—Recognizing March 6, 2008, as the f IN THE HOUSE OF REPRESENTATIVES first-ever World Glaucoma Day, established to INTRODUCTION OF THE PRO- increase awareness of glaucoma, which is the Tuesday, April 29, 2008 TECTING AMERICANS FROM UN- second leading cause of preventable blind- Mr. WILSON of South Carolina, Madam SAFE FOREIGN PRODUCTS ACT ness in the United States and worldwide; Speaker, poet and capitol tour guide Albert C. ‘‘yea’’ on H.R. 5151—Wild Monongahela Act: Caswell has penned a number of heartfelt trib- HON. LINDA T. SA´ NCHEZ A National Legacy for West Virginia’s Special utes to our military, and recently he wrote a OF CALIFORNIA Places; and ‘‘yea’’ on H.R. 831—Coffman piece dedicated to the ‘‘magnificent men and IN THE HOUSE OF REPRESENTATIVES Cove Administrative Site Conveyance Act. women who’ve given their lives to keep free- f dom alive.’’ Tuesday, April 29, 2008 ALL THEY ASK Ms. LINDA T. SA´ NCHEZ of California. IN RECOGNITION OF NEW YORK (By Albert Carey Caswell) Madam Speaker, I rise today to introduce the COUNTY LAWYERS’ ASSOCIATION CENTENNIAL A young man or woman goes off to war this Protecting Americans from Unsafe Foreign day, Products Act. Followed with them by so many splendidly I have been alarmed by the steady stream HON. JERROLD NADLER fine heroes on their ways. . . of defective, foreign-manufactured products OF NEW YORK Courageously fine Men and Women, with ‘oh flooding our marketplace. From the millions of IN THE HOUSE OF REPRESENTATIVES so such magnificent hearts so very toys recalled because of lead paint to heparin, Tuesday, April 29, 2008 brave! the tainted blood thinner that caused at least But, all they ask. . . 81 deaths and scores of injuries, it has be- Mr. NADLER. Madam Speaker, I rise today As they do not cry, nor do they complain. . . come increasingly clear that our health and in recognition of the New York County Law- Knowing full well, that they may never so yers’ Association (NYCLA) which is cele- see their loved ones again! welfare have been compromised by foreign- With but just one final kiss, with just one made products. brating 100 years of hard work and dedication final hug goodbye . . . wishing some- I am also concerned that foreign manufac- in providing services to the legal profession how to so remain! turers have gained an unfair advantage over and the public of New York City. But, all they ask. . . U.S. manufacturers because foreign manufac- The New York County Lawyers’ Association As there they go, upon their most coura- turers have avoided liability for defective prod- was founded one hundred years ago for the geous ways. . . ucts in our marketplace. Because of the dif- purpose of combating systemic exclusion of All heading, straight out into that dark face ficulties associated with serving process on lawyers from bar membership on the basis of of hell . . . as do they! and establishing jurisdiction over foreign man- race, religion, ethnicity and sex. America’s finest, her greatest of all patriots ufacturers, many Americans harmed by defec- In the past century, the Association has . . . all of whom, to us the word her- tive foreign-made products never get their day grown to 10,000 members, earning national oism is portrayed! But all they ask. . . in court. That is why I am introducing the Pro- prestige for its commitment to promoting the tecting Americans from Unsafe Foreign Prod- public interest. The NYCLA has continuously Splendidly fine heroes, who are but willing to die. . . ucts Act. This legislation would help eliminate pursued the administration of justice through Who go where Angels so fear to tread, and do the unfair competitive advantage enjoyed by reforms in the law, by elevating standards of not ask why. . . foreign manufacturers and ensure that they integrity and professionalism in the legal field, With ’oh such brave hearts, who so dare to can be held accountable for injuries con- and by providing free legal services for those take up our beloved nation’s battle cry! sumers suffer as a result of defective prod- in need. But, all they ask. . . ucts. Over its long history, the NYCLA has spon- Army, Navy, Coast Guard, Air Force and Ma- The legislation amends current law to facili- sored countless initiatives that have contrib- rines, tate service of process on foreign manufactur- uted to the improvement of New York’s justice All with ‘oh so such heroic hearts, there as ers by permitting service on manufacturers system. The Association has played a major seen . . . who just like all of us, all wherever they reside, are found, have an role in the reduction of court congestion, the have the same such dreams! Who all have families so beloved, all within agent, or transact business. Service of proc- rehabilitation of delinquent children, the imple- their hearts of love . . . carried with ess and personal jurisdiction is proper so long mentation of anti-discriminatory provisions of them where they so convene. as one of the following two criteria is met: (1) the Internal Revenue Code, and the attain- But, all they ask. . . the manufacturer knew or reasonably should ment of higher compensation for attorneys As this the burden they so gladly take, have known that the product or component representing the indigent. While, so very unselfishly their own lives would be imported for or use in the U.S.; or NYCLA has also issued many highly influen- they so forsake! (2) the manufacturer had contacts with the tial reports and resolutions to call attention to As this their gifts to God and Country, are of U.S. whether or not such contacts occurred in shortages of our legal system. These include the greatest sacrifices . . . let none the place where the injury occurred. calling for measures to reduce false confes- this so mistake! Given the increase of imported products that sions in criminal trials, ensuring right to coun- But, all they asked. . . For they are not looking for money, nor are do not meet U.S. standards for health, safety, sel for residential tenants in Housing Court they fame. . . and quality, and the fact that neither the Con- who cannot afford representation, and secur- Nor, do they even so care if you but so re- sumer Product Safety Commission nor the ing just compensation for judges. member their most magnificent Food and Drug Administration have effectively The Association further offers a variety of names. . . prevented the importation of defective prod- meaningful Pro Bono Projects that provide

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.001 E29APPT1 wwoods2 on PRODPC68 with REMARKS E756 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 counseling and representation to the low-in- CONGRATULATING AUSTIN J. throughout the northeastern Pennsylvania re- come, indigent and other persons in need. In- BURKE, RECIPIENT OF THE 2008 gion. cluded among these are projects that provide AMERICANISM AWARD FROM assistance to lay guardians with low assets, B’NAI B’RITH AMOS LODGE 136, f basic estate-planning documents to low-in- SCRANTON, PA come persons, and counseling in the areas of RECOGNIZING THE 60TH ANNIVER- family, employment, consumer bankruptcy and HON. PAUL E. KANJORSKI SARY OF THE FOUNDING OF THE landlord/tenant law. OF PENNSYLVANIA MODERN STATE OF ISRAEL Consistently, the Association has worked to IN THE HOUSE OF REPRESENTATIVES meet the changing needs of legal practice in Tuesday, April 29, 2008 SPEECH OF the 21st century. The Association’s highly ac- claimed Continuing Legal Education Institute Mr. KANJORSKI. Madam Speaker, I rise HON. AL GREEN offers attorneys a variety of educational pro- today to ask you and my esteemed colleagues grams. NYCLA also facilitates public aware- in the House of Representatives to pay tribute OF TEXAS ness and education on a wide array of issues to Mr. Austin J. Burke, president of the Great- IN THE HOUSE OF REPRESENTATIVES through its forums and lecture series. er Scranton Chamber of Commerce, recipient Tuesday, April 22, 2008 Today I rise to recognize and congratulate of this year’s Americanism Award from B’nai B’rith Amos Lodge 136 in Scranton. The New York County Lawyers’ Association Mr. AL GREEN of Texas. Mr. Speaker, I The Americanism Award honors outstanding for 100 years of outstanding and dedicated support H. Con. Res. 322, a resolution recog- community leaders for their dedicated public service to the people of New York and for its nizing the 60th anniversary of the founding of service. Mr. Burke was selected for this honor groundbreaking work in furthering the adminis- the modern State of Israel, which occurred on by past Americanism Award recipients and tration of justice. May 14, 1948. On November 29, 1947, the representatives of various service and commu- United Nations General Assembly voted to nity organizations including the United Way of f partition the British Mandate of Palestine and Lackawanna County, Scranton Rotary and create a Jewish state. On May 14, 1948, the TRIBUTE TO THE WINONA STATE Lions Clubs and UNICO. people of Israel proclaimed the establishment UNIVERSITY WARRIORS Mr. Burke has worked in the community de- of the sovereign and independent State of velopment arena since 1972. He was named Israel. That date marked the success of a con- president of the Greater Scranton Chamber of HON. TIMOTHY J. WALZ tinuous struggle for a homeland for the world’s Commerce in 1981. At the Chamber, he has OF MINNESOTA Jewish population and laid the foundation for worked with area leaders to craft responses to a free and independent state and a symbol of IN THE HOUSE OF REPRESENTATIVES community needs with programs like Skills in joy and protection for a people that have Tuesday, April 29, 2008 Scranton and Leadership Lackawanna. been—for too long—on the receiving end of Throughout the country, Austin is recognized Mr. WALZ of Minnesota. Madam Speaker, it oppression, discrimination, and injustice. is with great pleasure that I congratulate the as one of the most successful economic de- Since its independence, Israel has bravely Winona State University Men’s Basketball velopment leaders, and we are indeed fortu- defended itself from repeated attacks. Over team for winning the 2008 National Collegiate nate that he chose to dedicate his career to the last 60 years, the modern State of Israel Athletic Association Division II Men’s Basket- serving Greater Scranton. has built a nation, forged a new and dynamic ball National Championship with a victory over He was an incorporator of Montage Moun- democracy, and created a thriving economic, Augusta State University (Ga.) by a score of tain Inc. and worked to bring Steamtown Na- political, cultural and intellectual society. The 87–76 in Springfield. Massachusetts. tional Historic Site to Scranton. He has participated in national convocations including the people of Israel have established a pluralistic, This victory, which came 1 month ago on White House Roundtable, the U.S. Chamber democratic political system, including freedom March 29, 2008, marked the second national Business Civic Leadership Conference and of speech, association, and religion; a free championship for the Warriors in 3 years. the American Assembly: Retooling for Growth. press; free and open elections; the rule of law; This team’s accomplishments are almost too Mr. Burke is also a board member of the and a fully independent judiciary. Their efforts many to list. This was their third straight trip to International Economic Development Council, and achievements have led the American peo- the national championship. They have won the Commonwealth Financing Authority and the ple to feel a strong affinity for the Israeli peo- North Central Region title nine times in a row. Ben Franklin Technology Development Author- ple based on common values and shared cul- They have won three straight Northern Sun ity. tural heritage. Intercollegiate Conference titles. He is the chairman of the Lackawanna In 2006–07, they broke the NCAA Division This week, Jewish people around the world County Workforce Investment Board, a past are celebrating the Jewish holiday of Pass- II consecutive win record by winning 57 chairman of the Scranton Area Foundation straight games. over. Passover commemorates the Exodus and a member of the board of trustees of from Egypt and the liberation of the Israelites In 2008, the Warriors finished the season Marywood University. He is also a former with a record of 38–1, an NCAA Division II from slavery. It is traditional for a Jewish fam- trustee and chairman of the Facilities Com- ily to gather on the first night of Passover for record for most victories in a season by an mittee of the University of Scranton which NCAA Men’s Basketball Team. Over the past a special dinner called a Seder. While many awarded him an honorary Doctor of Laws de- Jewish holidays revolve around the syna- 3 years, they have posted an overall record of gree in 1998. 105–6. gogue, the Seder is conducted in the family A veteran of the United States Air Force, home. It is customary to invite guests, espe- The Warriors were coached to these accom- Mr. Burke received his bachelor’s degree in cially strangers and the needy to share with plishments, as well as their second national economics from Dickinson College where he their fellow human beings the story of strug- championship, by head coach Mike Leaf, who was elected to Phi Beta Kappa. He is a grad- gle, poverty, oppression, and survival. I had has been named the Northern Sun Intercolle- uate of the Chamber of Commerce Institute for the pleasure of attending a Seder in Houston giate Conference Coach of the Year four Organization Management. with Pastor Kirby John Caldwell and his wife times. On a personal note, let me express my ap- Suzette. This team was led by five seniors—John preciation for the extraordinary friendship that Smith, Jonte Flowers, Quincy Henderson, Austin has extended to me over the years. I The story of Passover should have a special Shane Neiss and Brent Riese—who accrued a am grateful for his partnership in service to meaning this year to those who seek to sup- record of 129–17 in their 4 years together. Northeastern Pennsylvania. port individuals around the world who suffer Following the 2008 Championship game, A resident of Archbald, PA, Mr. Burke re- from poverty, slavery, and injustice. Let the Jonte Flowers was named the 2008 NCAA Di- sides with his wife, Marianne. celebration of the founding of Israel be a sym- vision II Elite Eight Tournament’s Most Out- Madam Speaker, please join me in con- bol to the world of how a people who have ex- standing Player, while John Smith was named gratulating Mr. Burke on this auspicious occa- perienced oppression and violence can rise to the NCAA Division Il Player of the Year by sion. Mr. Burke’s extraordinary contributions to be strong, free and independent. three separate publications. his community have earned him a reputation I am proud to support H. Con. Res. 322, a Congratulations to the Warriors! I look for- as a leader among leaders and his efforts resolution recognizing the 60th anniversary of ward to your next National Championship! have greatly improved the quality of life the founding of the modern State of Israel.

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K29AP8.006 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E757 HONORING WAWONA MIDDLE 1,200 students and a clock tower that has be- PERSONAL EXPLANATION SCHOOL come a symbol of the university and the center of campus life. The school also has devel- HON. JERRY WELLER HON. GEORGE RADANOVICH oped a downtown campus called RiverPark OF ILLINOIS OF CALIFORNIA that houses 350 students and the arts, theater IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and music departments. Tuesday, April 29, 2008 The academic caliber of the university has Tuesday, April 29, 2008 Mr. WELLER of Illinois. Madam Speaker, I grown also under Dr. Brown’s leadership. The rise today to enter into the record votes I Mr. RADANOVICH. Madam Speaker, I rise D. Abbott Turner College of Business is now would have cast had I been present for rollcall today to congratulate Wawona Middle School among only about 27 percent of business votes 205 through 233: I was absent on Tues- upon celebrating their 50th anniversary. The schools in the country accredited by the Asso- day, April 22nd, Wednesday, April 23rd, and school will celebrate the anniversary with cur- ciation to Advance Collegiate Schools of Busi- rent and former staff and students at an open Thursday, April 24th due to personal reasons. ness; and the College of Education was re- If I were present I would have voted, ‘‘yea’’ house to be held on Tuesday, April 22, 2008. cently re-accredited by National Council for on rollcall vote 205, ‘‘yea’’ on rollcall vote 206, Originally named Wawona Junior High Accreditation of Teacher Education. Addition- ‘‘yea’’ on rollcall vote 207, ‘‘nay’’ on rollcall School, Wawona first opened its doors for the ally, the nursing, art, theater, music and coun- vote 208, ‘‘yea’’ on rollcall vote 209, ‘‘yea’’ on 1957–1958 school year, and became part of seling programs have all achieved national ac- rollcall vote 210, ‘‘nay’’ on rollcall vote 211, the Bullard Unified School District. Due to the creditation in their disciplines, a mark of clear ‘‘nay’’ on rollcall vote 212, ‘‘yea’’ on rollcall location of the school, Wawona was named distinction in academic circles. vote 213, ‘‘yea’’ on rollcall vote 214, ‘‘yea’’ on for an important area of the southern part of The most recent indication of the univer- rollcall vote 215, ‘‘yea’’ on rollcall vote 216, Yosemite National Park. ‘‘Wawona’’ is a local sity’s level of respect may be the success of ‘‘yea’’ on rollcall vote 217, ‘‘nay’’ on rollcall Indian name meaning ‘‘big tree.’’ The people CSU’s capital campaign, An Investment in vote 218, ‘‘nay’’ on rollcall vote 219, ‘‘yea’’ on that helped to build Wawona were Super- People. When the campaign was first being rollcall vote 220, ‘‘yea’’ on rollcall vote 221, intendent Westin M. Alt, President of the considered in the late 1990s, many considered ‘‘yea’’ on rollcall vote 222, and ‘‘yea’’ on roll- Board of Trustees Carroll H. Baird and board the originally proposed goal of about $35 mil- call vote 223. members Harry Bud Buck, Dr. William Adams lion too ambitious. At its conclusion, the cam- f Jr., Dr. William Beatty, Jr. and Robert paign exceeded $100 million, thanks to an un- McMahan. believably supportive community, a wide- CELEBRATING THE LIFE AND Wawona Middle School is now part of Fres- reaching team of dedicated volunteers and the COURAGE OF MARVIN JOHNSON no Unified School District. The school was partnerships established over the years. originally located on the outskirts of Fresno, The success of CSU under Dr. Brown has HON. JERROLD NADLER but today it is in the middle of an urban benefited the community of Columbus at large, OF NEW YORK sprawl. As the area has grown and developed, according to Chamber of Commerce President IN THE HOUSE OF REPRESENTATIVES so has the school. In 2000, Wawona began Mike Gaymon. ‘‘Thanks to Frank’s leadership, Tuesday, April 29, 2008 looking into developing a Pre-International the university has expanded to bring three of Mr. NADLER. Madam Speaker, I rise today Baccalaureate Middle Years Programme to its schools downtown to make art, music and to honor the lifelong work of a true fighter for enhance the academic program of the school. theater a major part of UpTown Columbus,’’ civil liberties and civil rights, Marvin Johnson. This program started in 2003 with about sixty Gaymon said. ‘‘Dr. Brown has led a renais- Sadly, Marv passed away on March 21, after sixth grade students and has grown in size sance at CSU.’’ a long battle with complications from diabetes. each year since. For the 2006–2007 school Dr. Brown’s good works off campus com- It is a personal loss to those who knew him as year, Wawona Middle School had 870 sixth, plement his accomplishments on campus. He a friend and colleague, and a loss to the many seventh and eighth grade students enrolled in was the 1994 volunteer of the year for the Americans who will never know how tirelessly the school. Lung Association of Georgia and he’s also he fought for their rights, sometimes against Madam Speaker, I rise today to commend contributed his time to the American Red great odds, and often for the truly unpopular and congratulate Wawona Middle School on Cross. He’s a member of the Columbus First cause. 50 years of dedicated service to providing a Baptist Church and the Columbus Rotary At the time of his passing, Marv was the solid education to the students of Fresno. I in- Club, and he’s been involved with the Greater first amendment counsel at the American Civil vite my colleagues to join me in wishing Columbus Chamber of Commerce, the United Liberties Union’s Washington Legislative Of- Wawona Middle School many years of contin- Way, the Georgia Council on Economic Edu- fice, a position he held for 8 years. During that ued success. cation and the Boy Scouts of America. time, he led many of the fights to protect the f When announcing his retirement from Co- first amendment and our fundamental freedoms. He fought to ensure that all Americans TRIBUTE TO DR. FRANK BROWN lumbus State, Dr. Brown said the time was simply right for a new leader to build on the enjoyed their freedom of expression, not only HON. LYNN A. WESTMORELAND successes of the past 20 years. Admirers of in print or in the public square, but also in Dr. Brown will no doubt feel a certain pity for ways that the framers never could have imag- OF GEORGIA the successor who must fill such big shoes. ined—on television or on the internet. IN THE HOUSE OF REPRESENTATIVES Marv also wrote two reports detailing the Over the past generation, our state of Geor- Tuesday, April 29, 2008 dangers of domestic spying by Federal law gia has moved from the backwaters to the enforcement, including an examination of the Mr. WESTMORELAND. Madam Speaker, forefront of the American higher education tactics used by our Government against Dr. on behalf of the people in Georgia’s 3rd Con- systems. It has been the leadership, intel- Martin Luther King, Jr. As we now struggle to gressional District, I rise today to pay tribute to ligence, dedication and perseverance of edu- regain these precious constitutional rights, the distinguished service of Dr. Frank Brown, cators such as Dr. Frank Brown that have lift- Marv’s work has become even more impor- longtime president of Columbus State Univer- ed higher education in Georgia to standards of tant. As Marv wrote, ‘‘American citizens must sity. excellence. once again be confident they may exercise The longest-serving president in the Univer- More than the students and alumni at Co- their constitutionally protected right to protest sity System of Georgia will retire this spring lumbus State University owe Dr. Frank Brown government policy without becoming targets of after 20 years at the helm. While his time on a debt of gratitude. His contributions are felt government scrutiny.’’ the job draws short, his legacy at CSU positively throughout the Greater Columbus Marv was also an outstanding resource. His stretches long. area. Upon his retirement, we can look back vast knowledge and sound judgment were al- During Dr. Brown’s tenure, Columbus State and pay him the ultimate compliment: He dedi- ways ready to aid us in our work. As the Chair has experienced extraordinary growth and cated his career to a worthwhile endeavor, of the Subcommittee on the Constitution, Civil progress. He transitioned the school from a and he left it better off than how he found it. Rights, and Civil Liberties, I always valued college to a university that now boasts more In Frank Brown’s case, he left it immeasurably Marv’s views, even on those occasions where than 50 undergraduate programs and more better than he found it. For that, we thank him we disagreed. than 35 master’s or specialist’s programs. The and we praise him. As he moves on into an- Prior to his time in Washington, Marv was school’s expansion includes numerous new other phase of life we wish health and happi- the Executive Director of the ACLU of Wyo- academic facilities, new housing for more than ness to him and his wife Jo Ann. ming and before that, he was its board chair.

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.025 E29APPT1 wwoods2 on PRODPC68 with REMARKS E758 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 During his tenure as executive director a noto- request for this commissioning to occur in hours providing leadership in education and rious hate crime was committed against a North Carolina and his willingness to be our making a difference through his involvement in young gay man, Matthew Sheppard. That vi- honored guest speaker for this historic occa- community service organizations. cious murder is now infamous. Marv Johnson sion. This, in fact, will not only be the first sub- Maximizing human potential in teaching, led the Wyoming LGBT and civil liberties com- marine, but also the first warship, ever com- learning and leadership has been the hallmark munities during that difficult time. Marv also missioned in the ‘‘Tar Heel State.’’ The State of Dr. Treadway’s work during his tenure in successfully resolved numerous first amend- of North Carolina and this Nation are deeply education. He has achieved a level of excel- ment cases in Wyoming, and he has a long proud of the personal talent and ability rep- lence and commitment that is a model of suc- list of legislative accomplishments. resented by the officers and crew of this new cess. I wish Dr. Treadway every success with Before his time at the ACLU of Wyoming, submarine. It is their spirit, service, and sac- his well-deserved retirement. Marv worked as an attorney in private prac- rifice for which we all are extremely grateful. f tice. He also served in the Air Force as a Madam Speaker, may we also never forget Judge Advocate General, including two years the bravery and dedication of those who have CORN-BASED ETHANOL CAUSES as the Chief of Military Justice for F.E. Warren served before, as well as those who currently FOOD SHORTAGES Air Force Base. serve—and those who will serve our country— Marv Johnson is survived by his wife Billie and may we continue to receive inspiration HON. TED POE Ruth Edwards, who has also devoted her life from their courageous words and deeds. May OF TEXAS to fighting for civil liberties. My deepest sym- God’s blessings be with the USS North Caro- IN THE HOUSE OF REPRESENTATIVES pathies go out to her. lina, her officers, and her crew as she begins Tuesday, April 29, 2008 Madam Speaker, those of us who had the her time in service to this wonderful Nation— privilege of knowing Marv Johnson and work- the United States of America! Mr. POE. Madam Speaker, as a growing ing with him will remember his dedication to f number of political leaders jump on the eth- justice and human rights, his legal and political anol bandwagon, people across the world are acumen, and his capacity for hard work. We TRIBUTE TO DOUGLAS M. dying of starvation. The increasing shift of will also remember his personal decency and TREADWAY, PH.D. America’s agricultural industry from food pro- good humor which seemed always there just duction to biofuel production is contributing to when we needed it most. America is a better HON. FORTNEY PETE STARK mass food shortages on a global scale. Riots Nation because people like Marv are willing to OF CALIFORNIA have broken out in Haiti, Egypt, Burkina Faso, fight for what is right even when that is pro- IN THE HOUSE OF REPRESENTATIVES and Cameroon as food prices soar to unprecedented levels. foundly unpopular. He enriched the lives of Tuesday, April 29, 2008 those who knew him. We will all miss his According to the U.N., ‘‘it takes 232 kg of sharp wit and deep-rooted passion for liberty Mr. STARK. Madam Speaker, I rise today to corn to fill a 50-liter car tank with ethanol. That and freedom. I can think of no better way to pay tribute to Dr. Douglas M. Treadway, who is enough to feed a child for a year’’. Contrast remember and honor him than to continue his is retiring as president/superintendent of the that against the fact that, ‘‘if every bushel of work with the same fearless passion he Ohlone Community College District based in U.S. corn, wheat, rice and soybean were used brought to everything he did. Fremont, California. Dr. Treadway assumed to produce ethanol, it would only cover about f his duties at Ohlone on July 1, 2003. He is re- 4% of U.S. energy needs on a net basis’’. tiring on May 16, 2008, at which time his Why are we wasting our resources here? A TRIBUTE TO HONOR THE COM- friends, admirers and colleagues will pay trib- Ethanol is not even proven to be environ- MANDING OFFICER AND CREW ute to his exemplary leadership in education. mentally friendly. In fact, a recent article from OF THE USS ‘‘NORTH CAROLINA’’ Dr. Treadway holds a Ph.D. in counseling the AP stated that, ‘‘The widespread use of psychology from Northwestern University and ethanol from corn could result in nearly twice HON. MIKE McINTYRE pursued postdoctoral study at Harvard Univer- the greenhouse gas emissions as the gasoline OF NORTH CAROLINA sity. In addition to his chief executive officer it would replace because of expected land-use IN THE HOUSE OF REPRESENTATIVES career, he has served on the faculties of changes’’. Northwestern University, the University of Ha- We need to wake up and take a real look Tuesday, April 29, 2008 waii and Oregon State University. He is the at current energy policy and actually consider Mr. MCINTYRE. Madam Speaker, I rise author of 20 research and scholarly publica- the consequences of simply hopping on every today to pay tribute to Commander Mark E. tions in the fields of higher education, commu- global warming fad that comes along. Respon- Davis, as well as the officers and crew of the nity and human development. sibility and foresight are critical to the deci- USS North Carolina, as the first to serve on Prior to his tenure at Ohlone College, Dr. sions this Congress makes. This current eth- the newest attack submarine, which will be Treadway served 9 years as president/super- anol policy needs to be changed. commissioned by the United States Navy in intendent of Shasta College in Redding, Cali- And that’s just the way it is. Wilmington, North Carolina, this weekend. fornia. He has held other higher education ex- f This strong, state-of-the art warrior joins an ecutive officer positions including: chancellor impressive group of ships on deployment proof the North Dakota University System, presi- IN RECOGNITION OF THE MATER tecting our Nation and defending our freedoms dent of Southwest Minnesota State University DEI HIGH SCHOOL CAR TEAM and national security interests. and president of Western Montana State Col- As a senior member of the U.S. House lege. HON. BRAD ELLSWORTH Committee on Armed Services and a long During his time as president/superintendent OF INDIANA time supporter of our great Nation’s military of Ohlone College, enrollment has grown by IN THE HOUSE OF REPRESENTATIVES and those who have served our country, it is 10 percent, with a total enrollment at the col- Tuesday, April 29, 2008 my honor to recognize that this submarine lege exceeding 19,000 students annually. joins a distinguished list of five military ships Under his visionary leadership, the Ohlone Mr. ELLSWORTH. Madam Speaker, I rise named ‘‘North Carolina’’—four from the U.S. College Newark campus was developed on today to congratulate the Mater Dei High Navy and one from the Civil War. The USS vacant land to become a 135,000 square-foot School Car Team from Evansville, Indiana. North Carolina represents a long-standing Center for the Health Sciences and Tech- The students won the Shell Eco-Marathon fuel commitment and tradition of service in our Na- nology, enrolling close to 3,000 students dur- efficiency competition in Fontana, California. tion’s armed services by the citizens of North ing its first semester. The Shell Eco-Marathon challenges stu- Carolina. As one of the founders of the American As- dents to design and build vehicles that push The people of southeastern North Carolina sociation of Sustainability in Higher Education, the energy efficiency envelope. The competi- are honored to welcome and host Commander Dr. Treadway lead Ohlone to adopt an envi- tion is also designed to raise awareness about Davis and his crew for the commissioning fes- ronmental sustainability policy that has re- the importance of technology and innovation in tivities for this new vessel and hope they will sulted in LEED platinum certification for the finding solutions to the energy challenges we consider the coastline of this state as a spe- Ohlone College Newark Center from the U.S. face. cial home for them. I am especially appre- Green Building Council. Mater Dei entered two vehicles in the com- ciative of the Secretary of the Navy, the Hon- Dr. Treadway’s community and professional petition and placed first and third, beating orable Dr. Donald C. Winter, for granting my service is exemplary. He has devoted many more than 80 teams. The first-place vehicle

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.028 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E759 achieved an impressive 2,843 miles per gal- charming city with splendid sandstone build- er, achieved an 86 percent increase in profits lon, breaking a number of the team’s personal ings and far removed from the grinding pov- from commodity trading in the first quarter records. erty and hunger which has reduced people to of 2008: Bunge had a 77 percent increase in At a time when prices are skyrocketing at eating mud cakes in Haiti and scavenging profits during the last quarter of 2007; ADM, garbage heaps, be more of the same—pro- the second largest grain trader in the world, the pump, America must look for ways to remote free trade to deal with the food crisis. registered a 67 percent increase in profits in duce our reliance on foreign oil and put our The growing social unrest against food 2007. Behind the chieftains of the capitalist country on a permanent path toward energy prices has forced governments to take policy system are powerful transnational corpora- independence. Increasing the fuel efficiency of measures such as export bans, to fulfill do- tions, traders, and speculators who trade automobiles is a critical step, and I commend mestic needs. This has created uproar among food worldwide, determine commodity the members of the Mater Dei Car Team for policy circles as fear of trade being under- prices, create and then manipulate shortages mined sets in. ‘‘The food crisis of 2008 may and surpluses to their advantage, and are the their ingenuity and dedication to this important become it challenge to globalization,’’ ex- goal. These students represent the future en- real beneficiaries of international trade claims The Economist in its April 17. 2008 agreements. gineers and scientists who can help lead the issue. Not surprisingly then, the ‘‘Doha De- The vultures of greed are circling the car- way in addressing the energy challenges we velopment Round’’ which has been in a stale- casses of growing hunger and poverty as an- face. mate since the collapse of the 2003 WTO Min- other 100 million join the ranks of the f isterial in Cancun, largely due to the hypoc- world’s poorest—nearly 3 billion people who risy of agricultural polices of the rich na- live on less than $2 a day. Agriculture is fun- THE HUNGER CRISIS tions, is being resuscitated as a solution to damental to the well-being of all people, rising food prices. both in terms of access to safe and nutritious HON. DENNIS J. KUCINICH Speaking at the Center for Global Develop- food and as the foundation of healthy comment, Zoellick passionately argued that the munities, cultures, and environment. The OF OHIO time was ‘‘now or never’’ for breaking the answer to the current crisis will not come IN THE HOUSE OF REPRESENTATIVES Doha Round impasse and reaching a global from the WTO or the World Bank, but lies in Tuesday, April 29, 2008 trade deal. Pascal Lamy has argued, ‘‘At a the principles of food sovereignty that can time when the world economy is in rough ensure food self-sufficiency for each nation. Mr. KUCINICH. Madam Speaker, approxi- waters, concluding the Doha Round can pro- It is time for the developing countries to up- mately 11 percent of our Nation’s households vide strong anchor.’’ Dominique Strauss- hold the rights of their people to safe and nu- are ‘‘food insecure,’’ meaning hungry or at risk Kahn, Managing Director of the IMF, has tritious food and break with decades of ill- of hunger. This includes over twelve million claimed, ‘‘No one should forget that all coun- advised policies that have failed to benefit children. According to a recent study from the tries rely on open trade to feed their popu- their people. lations. Completing the Doha round would Center for Community Solutions, portions of play a critically helpful role in this regard, f my district, including Lakewood, Fairview Park as it would reduce trade barriers and distor- SUNSET MEMORIAL and Parma, have experienced a 74 percent in- tions and encourage agricultural trade.’’ crease in participation in the Food Stamp Pro- Preaching at the altar of free market to gram between 2002 and 2007. deal with the current crisis requires a degree HON. TRENT FRANKS In March 2008, the World Food Programme of official amnesia. It was through the re- OF ARIZONA (WFP) of the United Nations issued an emer- moval of tariff barriers, through the inter- IN THE HOUSE OF REPRESENTATIVES gency appeal to member nations asking for national trade agreements, that allowed rich Tuesday, April 29, 2008 nations such as the U.S. to dump heavily $500 million to help close the funding gap cre- subsidized farm surplus in developing coun- Mr. FRANKS of Arizona. Madam Speaker, I ated by increasing food and fuel prices. The tries while destroying their agricultural base stand once again before this House with yet United States Agency for International Devel- and undermining local food production. Re- another Sunset Memorial. It is April 29, 2008, opment (USAID) echoed a similar plea in duction of rice tariffs from 100 to 20 percent in the land of the free and the home of the March saying that an additional $200 million in Ghana under structural adjustment poli- brave, and before the sunset today in Amer- was needed to meet emergency food aid cies enforced by the World Bank, rice imports increased from 250,000 tons in 1998 to ica, almost 4,000 more defenseless unborn needs. children were killed by abortion on demand. Unrest has broken out around the globe due 415,150 tons in 2003, with 66 percent of rice producers recording negative returns leading That’s just today, Madam Speaker. That’s to rising food costs. In Cameroon, where food to loss of employment. In Cameroon, poultry more than the number of innocent lives lost on costs have increased by 50 percent over the imports increased by about six-fold with the September 11 in this country, only it happens last year, 4 days of rioting ended with a death lowering of tariff protection to 25 percent every day. toll of at least 40 people. Violent demonstra- while import increases wiped out 70 percent It has now been exactly 12,881 days since tions have broken out in Senegal, a country of Senegal’s poultry industry. the tragedy called Roe v. Wade was first Developing countries had an overall agri- that imports the majority of its food, over the handed down. Since then, the very foundation rising prices of rice and milk. In Yemen, mul- cultural trade surplus of almost US $7 billion per year in the 1960s. According to the Food of this Nation has been stained by the blood tiple days of rioting, spurred by a doubling of and Agricultural Organization (FAO), gross of almost 50 million of its own children. Some wheat prices over a 2 month period, cul- imports of food by developing countries grew of them, Madam Speaker, died and screamed minated in one hundred arrests. with trade liberalization, turning into a food as they did so, but because it was amniotic A new study released by the international trade deficit of more than US $11 billion by fluid passing over the vocal cords instead of NGO, GRAIN, states that ‘‘[f]armers across 2001 with cereal import bill for Low Income air, no one could hear them. the world produced a record 2.3 billion tons of Food Deficit Countries reaching over $38 bil- And all of them had at least four things in lion in 2007/2008. grain in 2007, up 4% on the previous year common. First, they were each just little ba- . . . the bottom line is that there is enough Erosion of agricultural base of the developing countries has increased hunger among bies who had done nothing wrong to anyone, food produced in the world to feed the popu- their farmers while destroying their ability and each one of them died a nameless and lation.’’ to meet their food needs. The 1996 World lonely death. And each one of their mothers, The following article by Anuradha Mittal Food Summit’s commitment to reduce the whether she realizes it or not, will never be raises valid questions that we must address in number of hungry—815 million then—by half quite the same. And all the gifts that these our fight against global hunger: by 2015 had already become a far-fetched idea children might have brought to humanity are [From the Oakland Institute Reporter] by its 10th anniversary. U.N. Special now lost forever. Yet even in the glare of such Rapporteur on the Right to Food, Jean Zie- DANGEROUS LIAISONS: A BATTLE PLAN FROM gler, reported last June that nearly 854 mil- tragedy, this generation still clings to a blind, THE UNITED NATIONS AND THE INTER- lion people in the world—one in every six invincible ignorance while history repeats itself NATIONAL FINANCIAL INSTITUTIONS TO FIGHT human beings—are gravely undernourished. and our own silent genocide mercilessly anni- GLOBAL HUNGER So on who’s behalf are the heads of the hilates the most helpless of all victims, those (By Anuradha Mittal) IFIs promoting the conclusion of the Doha yet unborn. UN agencies are meeting in Berne to tack- Round and further liberalization of agri- Madam Speaker, perhaps it’s time for those le the world food price crisis. Heads of Inter- culture. While Investors Chronicle in its of us in this Chamber to remind ourselves of national Financial Institutions (IFIs), in- April 2008 feature story, ‘‘Crop Boom Win- cluding Robert Zoellick, President of the ners’’ explores how investors can gain expo- why we are really all here. Thomas Jefferson World Bank (former U.S. trade representa- sure to the dramatic turnaround in food and said, ‘‘The care of human life and its happi- tive) and Pascal Lamy, WTO’s Director Gen- farmland prices, a new report from GRAIN, ness and not its destruction is the chief and eral, are among the attendees. Will the ‘‘bat- Making a Killing, from the Food Crisis, only object of good government.’’ The phrase tle plan’’ emerging from the Swiss capital, a shows Cargill, the world’s biggest grain trad- in the 14th Amendment capsulizes our entire

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.031 E29APPT1 wwoods2 on PRODPC68 with REMARKS E760 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 Constitution, it says, ‘‘No State shall deprive Sister Robert was born as Margaret Bailey earth. And a humble hero that would now tell any person of life, liberty or property without on April 22, 1923 in Detroit, Michigan. When each of us to keep building the bridge he had due process of law.’’ Madam Speaker, pro- she entered the Dominican Order of Sisters in begun and keep giving to others. tecting the lives of our innocent citizens and 1940, she chose the name Robert Joseph, in Only a handful of people come into one’s their constitutional rights is why we are all honor of her favorite younger brother. She life and touch it in dramatic fashion. Some are here. graduated in 1941 with a bachelor’s degree flickers of light, and others are consistent The bedrock foundation of this Republic is from Sienna Heights College, and began shar- glows. Windell Daniels was one of those very the clarion declaration of the self-evident truth ing her gift of teaching in various schools few consistent glows—indeed, he was a bea- that all human beings are created equal and throughout the country. In 1951, Sister Robert con. endowed by their Creator with the unalienable moved to Henderson, where she was as- As we celebrate the wonderful life of this rights of life, liberty and the pursuit of happi- signed to teach 4th and 5th grade at St. Pe- friend to all, let us be challenged by Windell’s ness. Every conflict and battle our Nation has ter’s School. She taught at St. Peters for nine work, will, and wisdom that inspired us all. ever faced can be traced to our commitment years. First, it was his work. Windell did his good to this core, self-evident truth. After leaving St. Peter’s, Sister Robert went deeds by stealth—never advertising all the as- It has made us the beacon of hope for the on to what is now known as the Rose de Lima sistance he gave. But look around here today entire world. Madam Speaker, it is who we Campus of the St. Rose Dominican Hospitals and look around this beautiful city—and you are. where she assumed responsibility of dietary see many people, places, and organizations And yet today another day has passed, and services, and eventually turned to community that have been on the receiving end of his we in this body have failed again to honor that education. During her 37 years at St. Rose, gentle kindness. foundational commitment. We have failed our she implemented several community outreach sworn oath and our God-given responsibility programs dedicated to children throughout the From his work at the Wilmington Housing as we broke faith with nearly 4,000 more inno- community. She initiated the Positive Impact Authority to provide the most basic of services cent American babies who died today without on Reading Program in which volunteers visit to those in need—a home, to his work at the protection we should have given them. local elementary schools to spend time inter- UNCW to help our young people receive a Madam Speaker, let me conclude in the actively reading with children. Sister Robert quality education; from his work at the Greater hope that perhaps someone new who heard visited many of the schools in the Henderson Wilmington Chamber of Commerce to help ex- this Sunset Memorial tonight will finally em- community and delivered special presentations pand the economic opportunity for all, to his brace the truth that abortion really does kill lit- on a variety of topics such as health, nutrition, work to help address the homeless challenge; tle babies; that it hurts mothers in ways that hygiene, safety, and even how to be a good and from his work and service as a Marine in we can never express; and that 12,881 days babysitter. She also initiated a hotline for chil- Vietnam; to his efforts to promote the beautiful spent killing nearly 50 million unborn children dren who were home alone and lonely. Typi- historic port city—Windell Daniels gave his in America is enough; and that the America cally, these children could call the hospital and time, talents, and treasures. that rejected human slavery and marched into talk to a volunteer for as long and often as Second, in addition to his work, it was Europe to arrest the Nazi Holocaust is still needed. Windell’s will to make this community better courageous and compassionate enough to Madam Speaker, I am proud to honor Sister that set him apart. It was a will that found a find a better way for mothers and their unborn Robert Joseph Bailey for her accomplishments way—not an excuse. It was a will that asked babies than abortion on demand. throughout the Henderson community. The not, ‘‘What is in this for me? Instead, how is So tonight, Madam Speaker, may we each programs that Sister Robert initiated came as this going to affect others?’’ remind ourselves that our own days in this a result of her concerns for the education, It was a will that when he gave his commit- sunshine of life are also numbered and that all health, and comfort of others. Her legacy is an ment to get something done, he did it whole- too soon each one of us will walk from these inspiration to the members of the school com- heartedly. It was a will that—with Windell—you Chambers for the very last time. munity, and I applaud the Clark County School knew exactly where you stood with him. And And if it should be that this Congress is al- District for naming an elementary school in her he stood with you. And it was a will that lowed to convene on yet another day to come, honor. graced our life more than he could have ever may that be the day when we finally hear the f imagined! cries of innocent unborn children. May that be Third, with his work and his will, it was the day when we find the humanity, the cour- A TRIBUTE TO WINDELL DANIELS Windell’s wisdom that so many sought after. age, and the will to embrace together our From business executives to community lead- human and our constitutional duty to protect HON. MIKE McINTYRE ers to educators, Windell was a solid sounding these, the least of our tiny, little American OF NORTH CAROLINA board because his wisdom was so keen. brothers and sisters from this murderous IN THE HOUSE OF REPRESENTATIVES Some of you may not know this, but Windell scourge upon our Nation called abortion on Tuesday, April 29, 2008 and I worked together every year for the last demand. twelve years to promote our celebration of It is April 29, 2008, 12,881 days since Roe Mr. MCINTYRE. Madam Speaker, last week Black History Month for all of southeastern versus Wade first stained the foundation of the City of Wilmington, North Carolina, lost North Carolina. And many of you know that he this Nation with the blood of its own children, one of its most beloved leaders and doers— was the coordinator of the many, many volun- this in the land of the free and the home of the Windell Daniels. I had the distinct honor to teers who are getting ready for the commis- brave. give remarks at his funeral and wanted all my sioning of the USS North Carolina submarine f colleagues here in the U.S. Congress and in- next weekend; and he was already coordi- deed the entire nation to know what a lasting nating with my office an effort to honor Wil- PAYING TRIBUTE TO SISTER impact this one man made on so many. mington in a special Coast Guard Day cele- ROBERT JOSEPH BAILEY Luke, Chapter 6, Verse 38 says, ‘‘Give and bration scheduled later this summer. it will be given back to you: good measure, His was wisdom that was a fount of knowl- pressed down, shaken together, and running HON. JON C. PORTER edge, know-how, and knack to get it done! over will be put into your bosom. For with the OF NEVADA That’s why he was so involved, because ev- same measure that you use, it will be meas- IN THE HOUSE OF REPRESENTATIVES eryone valued his opinion and respected his ured back to you.’’ Tuesday, April 29, 2008 Wilma, Euran, and Jay—your husband and advice. We have lost a man far too soon—that Mr. PORTER. Madam Speaker, it is my dis- your father lived a life of giving. no one can replace anytime soon. tinct pleasure to rise today to honor Sister And in his eternal resting place with God, But through Windell Daniels’ work, will, and Robert Joseph Bailey by entering her name in his soul has been replenished with the over- work, we have been given much that will live the CONGRESSIONAL RECORD, the official flowing blessings of the joy, peace, and love on for generations and generations. record of the proceedings and debates of the that he shared with so many throughout his As Windell approached those glorious lights United States Congress since 1873. Today I extraordinary life. of Heaven Tuesday night, I have no doubt that pay tribute to Sister Robert Joseph Bailey for My friends, Windell Daniels was a humble the good Lord was there with open arms say- her life and accomplishments, and applaud hero. A humble hero that lived his life the best ing, ‘‘Well done, good and faithful servant.’’ her for having an elementary school named in way he knew how—by serving others. A hum- Thank you, and may God bless the life of her honor by the Clark County School District. ble hero that had unfinished business here on Windell Daniels and of his family and friends.

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.035 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E761 RECOGNIZING THE HISTORIC ALA- Hockenbury, an all-star third baseman on unity necessary for success over the long MEDA THEATER RESTORATION the 1947 Savannah Indians, a Class A affiliate summer months. PROJECT of the then-Philadelphia Athletics. ‘‘I’m seri- ‘‘In all of that time, I never heard two guys ous. He just reared back and threw that have a bad word or get upset,’’ Brissie said. ball.’’ ‘‘Everybody was for everybody else. It’s real- HON. FORTNEY PETE STARK Brissie, now 83, might have enough power ly one of my greatest memories.’’ OF CALIFORNIA in his left arm to throw out the first pitch The retiree makes weekly visits to a Vet- [Tuesday] night at Grayson Stadium, where IN THE HOUSE OF REPRESENTATIVES erans Administration hospital and speaks the Savannah Sand Gnats will retire his No. with injured servicemen. He shares motiva- Tuesday, April 29, 2008 3 jersey before the 7 p.m. game against the tional stories and asks them not to give up Hickory Crawdads. The first 1,000 fans re- their dreams. Mr. STARK. Madam Speaker, I rise today to ceive a replica Brissie jersey T-shirt cour- pay tribute to the historic Art Deco Alameda ‘‘You’ve got to live each day and look for tesy of the Philadelphia Athletics Historical something better, and it will show up,’’ he Theater, in Alameda, California. The theater Society. said. first opened in 1932 and boasted one of the There was a ‘‘Lou Brissie Day’’ scheduled largest screens in the Bay Area. Designed by in 2007, but it was rained out, rescheduled f and rained out again late last season in Sa- the prominent San Francisco architect, Tim- PERSONAL EXPLANATION othy L. Pflueger, the theater opened shortly vannah. Brissie didn’t think a higher power was sending a message. after another one of Pflueger’s historically sig- ‘‘No, he speaks plainer than that,’’ said nificant theaters, the Paramount in Oakland, Brissie, a North Augusta, S.C., resident for HON. XAVIER BECERRA California. the last 30-plus years with his wife, Diana. OF CALIFORNIA The 2 theaters share many of the same fin- The Sand Gnats also organized a banquet IN THE HOUSE OF REPRESENTATIVES ishes and details. The Alameda Theater build- in his honor Monday night at the Riverfront Tuesday, April 29, 2008 ing was under private ownership and in contin- Marriott. Again it rained, but thankfully uous operation as a cinema until 1979. It has this event was indoors. Attendees received Mr. BECERRA. Madam Speaker, on the T-shirt as well as a figurine of Brissie undergone a number of adverse changes to Wednesday, March 12, 2008, Friday, March pitching. Brissie’s own story is worthy of a 14, 2008, Wednesday, April 8, 2008 and Mon- its interior finishes since that time. The dete- movie, and indeed it was re-enacted decades riorating theater sat vacant or underutilized day, April 14, 2008, I was unable to cast my ago for a television program starring former floor vote on rollcall votes 133, 146, 169, 170, until the City of Alameda acquired the property pro athlete Chuck Connors, famous as ‘‘The in July 2006 and commenced restoration ef- Rifleman.’’ Brissie also is the subject of an 171, 172, 183, 184 and 185. forts in November 2006. ongoing book project. Had I been present for the votes, I would The Alameda Theater restoration project is TRUE GRIT have voted ‘‘aye’’ for rollcall votes 133, 146, the signature component of a larger downtown The dramatic elements are there. A teen- 170, 171, 183, 184 and 185 and ‘‘nay’’ on roll- revitalization project in the city’s Park Street age pitching prospect enlists in the U.S. call votes 169 and 172. Historic District. A newly built movie Cineplex Army during World War II. On a battlefield f will be a part of the Alameda Theater complex in Northern Italy in 1944, the corporal nearly has his left leg blown off when an artillery ‘‘OPERATION HOLIDAY CHEER’’ and all patrons will enter through the historic shell lands at his feet. Art Deco Alameda Theater lobby to access all ‘‘I broke an ankle and my feet. My leg was the screens in the Cineplex. shattered in 30 pieces between the knee and HON. THOMAS H. ALLEN The Alameda Theater restoration project is the ankle,’’ said Brissie, who would receive OF MAINE a public/private partnership that resulted in the two Purple Heart medals and a Bronze Star IN THE HOUSE OF REPRESENTATIVES blend of a new theater complex and the sav- during his military service. Amputation was an option, but Brissie Tuesday, April 29, 2008 ing of a historic treasure in the City of Ala- knew that would end hopes of a baseball ca- Mr. ALLEN. Madam Speaker, I would like to meda. reer. He persuaded doctors to save the leg, The City will celebrate the reopening of the take this opportunity to congratulate the and credits a military surgeon, Capt. Wilbur Kiwanis Club of Gorham, Maine for acknowl- Alameda Theater at a gala on May 21st and Brubaker, for doing the incredible. a civic ceremony on May 24th. I am confident ‘‘I was just a guy with a dream,’’ said edging the courage and sacrifices of the chil- theater goers will appreciate the restored his- Brissie, who would spend parts of seven sea- dren of Maine’s military families through their toric Art Deco Alameda Theater and will enjoy sons in the majors with the Athletics and In- program entitled ‘‘Operation Holiday Cheer.’’ the entertainment benefits it will bring for dians, including an appearance in the 1949 Kiwanis is an organization dedicated to All-Star Game. ‘‘I think I was just blessed service to children and youth through initia- years to come. Congratulations to the city of from Day One. There weren’t guys who at- Alameda and all who had a hand in the devel- tives intended to improve the quality of life of tain the major leagues who were as fortunate children in communities around the world. Cur- opment and completion of the historic Ala- and blessed as I was.’’ meda Theater Restoration Project. Brissie, through 23 surgeries and countless rently, Kiwanis has over 500,000 members internationally, representing 96 countries with f setbacks, would pitch again—eventually for the Philadelphia Athletics, who originally 34 clubs in Maine. LOU BRISSIE: A HERO ON THE signed him in 1940 and resigned the 6-foot-4, On July 17, 2007, the Kiwanis Club of Gor- BASEBALL AND BATTLE FIELDS 210-pound lefty in 1946. ham, later joined by the Kiwanis Clubs of He was assigned to Savannah, posting a 23– Maine, launched Operation Holiday Cheer, a 5 record, 1.91 ERA and SAL record 278 batters HON. JACK KINGSTON in 254 innings. He wore a brace on his left program to provide a holiday gift to each participating child of Maine’s military families, in- OF GEORGIA leg, which was about 11⁄2 inches shorter than cluding, Army, Navy, Air Force, Marine Corp, IN THE HOUSE OF REPRESENTATIVES the right. He also had the admiration of his teammates, who saw his daily routine of Coast Guard, Reserves and National Guard. Tuesday, April 29, 2008 playing with a leg that under the bandages Over 9,000 children in Maine have a parent Mr. KINGSTON. Madam Speaker, I submit ‘‘looked like a piece of tissue paper,’’ serving in the military. the following for the RECORD. Hockenbury said. In executing Operation Holiday Cheer, the ‘‘He was our hero,’’ recalled Hockenbury, a Kiwanis organization acquired, wrapped and [From the Savannah Morning News, April 29, World War II veteran and one of half a dozen 2008.] Indians to eventually make it to the big distributed a holiday gift to each participating (By Nathan Dominitz] leagues. ‘‘He was great. He was our leader. military child in over 140 cities and towns Former major league all-star pitcher Lou He was our superstar.’’ throughout the State of Maine. Included with Brissie can tell stories about his ballpark en- HOME-FIELD ADVANTAGE each gift was a hand-written note thanking the counters with the likes of Babe Ruth, Ted Savannah responded, packing Grayson Sta- child and his or her family which read, ‘‘On be- Williams, Connie Mack and Satchel Paige. dium when Brissie pitched and often when he half of the Kiwanis Clubs of Maine and the Monday night and [Tuesday], people are didn’t, Hockenbury said. people of the State of Maine, we would like to sharing stories about Brissie, Savannah’s ‘‘We had great community support,’’ offer you this token of our appreciation for own living legend for his starring role on the Brissie said. ‘‘The fans were just tremendous. your sacrifice. You are the child of a Maine 1947 South Atlantic League championship We had community business support. I think team. it was the ideal time after World War II and military family and the bravery that you show ‘‘We didn’t measure speed in those days, before television.’’ every day by sharing your parent to help pro- but I know he must have thrown close to 100 The talented team, playing in a league tect our country is being recognized and hon- miles an hour,’’ said longtime friend Bill stocked with future major leaguers, had the ored. You should be extremely proud of your

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.038 E29APPT1 wwoods2 on PRODPC68 with REMARKS E762 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 service to our country and you should know ‘‘Aye’’ on rollcall vote 221—the McNerny Whereas, Nick Jackson was a supportive that we, the Kiwanis and the people of Maine, Amendment to H.R. 2830; team player; and stand proudly and beside you. We wish you ‘‘Aye’’ on rollcall vote 222—the Motion to Whereas, Nick Jackson always displayed and your family a Happy Holiday Season.’’ Recommit H.R. 2830 with instructions; and sportsmanship on and off of the court; now, I extend my appreciation to the Kiwanis ‘‘Aye’’ on rollcall vote 223—Passage of H.R. therefore, be it Clubs of Maine for their thoughtfulness in 2830. Resolved, that along with his friends, family, bringing some cheer to the lives of thousands f and the residents of the 18th Congressional of Maine children whose parents are serving District, I congratulate Nick Jackson on win- A TRIBUTE TO DR. DARRELL PAGE our country. As they seek to expand this pro- ning the Ohio Division IV State Basketball OF BLADEN COMMUNITY COLLEGE gram throughout New England and to New Championship. We recognize the tremendous York in 2008, I wish them all the best. hard work and sportsmanship he has dem- f HON. MIKE McINTYRE onstrated during the 2007–2008 basketball OF NORTH CAROLINA season. RECOGNIZING DENIM DAY IN NJ IN THE HOUSE OF REPRESENTATIVES f 2008 Tuesday, April 29, 2008 HELEN KOVAK—A JEWEL OF HON. STEVEN R. ROTHMAN Mr. MCINTYRE. Madam Speaker, I rise SOUTHEAST TEXAS today to pay tribute to Dr. Darrell Page of OF NEW JERSEY Dublin, North Carolina for his 11 years of serv- IN THE HOUSE OF REPRESENTATIVES HON. TED POE ice as President of Bladen Community College OF TEXAS Tuesday, April 29, 2008 in Bladen County. Dr. Page’s leadership, in- IN THE HOUSE OF REPRESENTATIVES Mr. ROTHMAN. Madam Speaker, I rise to tegrity, and insight have made a tremendous support the efforts of the Young Women’s difference at this community college and in his Tuesday, April 29, 2008 Christian Association, YWCA, of Bergen community. Mr. POE. Madam Speaker, today I am County Rape Crisis Center to designate April Samuel Logan Bringle, the legendary leader proud to recognize a lifelong volunteer and in- 28, 2008 as Denim Day in New Jersey. This in the Salvation Army, once said some very spiration to the Beaumont community, Helen day-long observance is an important oppor- important words that reflect the character and Kovak. tunity to raise awareness about sexual vio- life of Darrell Page. He said, ‘‘The final esti- Mrs. Kovak is a pillar of the Beaumont com- lence and end the ‘blame-the-victim’ mentality mate of a man will show that history cares not munity, and has a heart the size of Texas. For about rape that continues to impede justice for one iota about the title he has carried or the almost her entire life, she has given to back to those attacked. rank he has borne, but only about the quality the community she holds so dear. Her friends Unfortunately, appalling misconceptions of his deeds and the character of his heart.’’ have even described her as, ‘‘the best volun- about rape and sexual violence still exist and Indeed, Dr. Page has reflected this through his teer in the world; always ready to do whatever were on full display in the Italian Supreme sacrifice and commitment. it takes to get the job done.’’ Court decision that launched International During Dr. Page’s tenure at the college, Mrs. Kovak has served in a number of Denim Day in 1998. In that case, the justices many positive developments and advance- areas, one of which is the political arena, overturned a rape conviction because the ments have occurred. Student enrollment has where she has been volunteering since the woman wore jeans. They reasoned that the more than doubled, total budget at the school day she could vote. She is responsible for victim must have helped her attacker remove has tripled, and the college has achieved Su- starting one of the first direct mail campaigns, her jeans because they were ‘‘tight,’’ thereby perior Performance status five of the past 6 which she carried out from her home, way implying her consent. After the decision, years. In addition, Bladen Community has be- back when Goldwater was running for office, women in the Italian Parliament protested by come a state leader in distance education. and she serves as a Precinct Chairman for the wearing jeans to work the next day. Furthermore, as a devoted husband, father, Republican Party to this day. Those Italian legislators were right to protest and friend, Darrell Page has truly been a foun- A graduate of the University of Texas, Mrs. such an awful decision and inspired people dation on which Bladen Community College Kovak still sports a UT sticker on the back of around the world to speak out against similar and Bladen County have continued to thrive. her VW Beetle. She celebrated her 90th birth- injustices. We must do everything possible as Service to others has been the embodiment of day on April 26th, and at a recent party with a community and as a Nation of laws to stop his life—service that sets a path for others to friends she stressed that people should appre- rape and sexual assault and help survivors. follow and that we all should emulate. ciate what they have and ‘‘live each day to the That includes educating young men and In celebrating Dr. Page’s upcoming retire- fullest, because you never know when it’s women about consent, making clear that rape ment this June, let each of us remember the gonna end.’’ is the responsibility of the offender, not the words of our third President of the United I am proud to recognize this gem of South- victim, and eliminating the fear of shame and States, Thomas Jefferson, who said, ‘‘To do east Texas on her 90th birthday. She is a true blame that prevents an estimated 9 in 10 rape our fellow man the most good, we must lead inspiration to us all. victims from reporting an attack. where we can, follow where we cannot, and f Today, on the first annual Denim Day in NJ, still go with him, always watching for that fa- I commend the ongoing efforts of the YWCA vorable moment to help him another step for- CONGRATULATING THE STUDENT of Bergen County Rape Crisis Center to ac- ward!’’ ENGINEERS AT THE UNIVERSITY complish these goals. I stand united with the We thank Darrell, on behalf of the citizens OF EVANSVILLE FOR WINNING YWCA, survivors of sexual assault, and their of Dublin, Bladen County, Bladen Community NASA’S 15TH ANNUAL GREAT loved ones in observing this important day. College, and the State of North Carolina, for MOONBUGGY RACE f always looking for that favorable moment and always helping his fellow citizens. May God’s HON. BRAD ELLSWORTH PERSONAL EXPLANATION strength, joy and peace be with him always. OF INDIANA f IN THE HOUSE OF REPRESENTATIVES HON. PAUL RYAN Tuesday, April 29, 2008 OF WISCONSIN A PROCLAMATION HONORING NICK Mr. ELLSWORTH. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES JACKSON FOR WINNING THE OHIO DIVISION IV STATE BAS- today to congratulate the student engineers at Tuesday, April 29, 2008 KETBALL CHAMPIONSHIP the University of Evansville for winning first Mr. RYAN of Wisconsin. Madam Speaker, I place in NASA’s 15th Annual Great was absent for legislative business conducted HON. ZACHARY T. SPACE Moonbuggy Race. The race is held each year to honor the in- on April 24, 2008, to attend the funeral of a OF OHIO genuity and creative problem-solving of the fallen soldier who lost his life in support of Op- IN THE HOUSE OF REPRESENTATIVES eration Iraqi Freedom. As a result, I missed designers of the original lunar rover used dur- rollcall votes 220 through 223. Tuesday, April 29, 2008 ing the Apollo Moon missions in the 1970s. Had I been present, I would have voted: Mr. SPACE. Madam Speaker: The University of Evansville team defeated ‘‘Aye’’ on rollcall vote 220—the Poe Amend- Whereas, Nick Jackson showed hard work 24 teams to win the college division competi- ment to H.R. 2830; and dedication to the sport of basketball; and tion. Their moonbuggy completed a half-mile

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.040 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E763 course designed to replicate lunar ground con- neva Convention, Israel also has a legal duty That is why I have introduced this legisla- ditions in 4 minutes and 25 seconds. to provide Gazans with food, clean water, tion, which will help automakers meet the new These students represent America’s next electricity, and medical care. I urge the U.S. regulations, help make our country a leader in generation of scientists, mathematicians, and Administration to help end the humanitarian alternative fuel technologies, and help stimu- engineers. I have no doubts that their inge- crisis in Gaza and ensure the health, safety, late our slowing national economy. Michigan’s nuity, creativity, and dedication to discovery and security for Palestinians and Israelis. economy has been in unique and deep trouble will result in creative solutions to many of the f for some time. challenges America faces after they leave the The first step in my plan is to permanently NEW BRIDGING INDUSTRY AND University of Evansville. Congratulations! extend the research and development tax GOVERNMENT TOUGH HI-TECH f credit at 20 percent and make it fully refund- RESEARCH ON ENERGY EFFI- able for expenditures that help meet the new SEWAGE CRISIS NOW ADDED TO CIENCY (BIG THREE) ACT OF 2008 CAFE standards. Automakers and suppliers THE HUMANITARIAN DEBACLE have not been able to take advantage of the IN GAZA HON. JOE KNOLLENBERG tax credit because they have not made sub- OF MICHIGAN stantial profits in recent years. Allowing an in- HON. DENNIS J. KUCINICH IN THE HOUSE OF REPRESENTATIVES dustry that currently invests significant funding OF OHIO Tuesday, April 29, 2008 in advanced research and development to IN THE HOUSE OF REPRESENTATIVES take advantage of the tax credit will help de- Mr. KNOLLENBERG. Madam Speaker, I Tuesday, April 29, 2008 fray the costs of increased research and de- rise today to introduce the New Bridging In- velopment. This will enable them to reinvest Mr. KUCINICH. Madam Speaker, since late dustry and Government Through Hi-Tech Re- these funds and create more high-paying jobs January 2008, the 1.5 million person popu- search on Energy Efficiency (BIG THREE) Act in the U.S. lation in Gaza has been enduring an Israeli- of 2008. This important legislation is a bold The New BIG THREE Act will also invest imposed blockade. The blockade effectively step to foster innovation, create and retain significant Federal funding in research and de- restricts the entry of food, clean water, fuel, high-paying jobs, and promote efficient and al- velopment of leap-ahead technologies that will and medical supplies. The lack of basic goods ternative fuel technology to ensure that auto- help us meet the new CAFE standards. Ad- has severely deteriorated Gaza’s health, econ- makers meet the increased Corporate Aver- vanced battery technology is one of the most omy, and social fabric. age Fuel Economy, CAFE, standards. promising ways to dramatically increase fuel The World Bank reports that since Hamas It is impossible to overlook the importance efficiency. However, there is no domestic pro- ousted Fatah from Gaza last June, 90 percent of the automotive industry to the U.S. econ- duction of advanced battery technology that is of businesses have shut down costing workers omy. Our history and our heritage as a nation applicable to vehicles. By investing $750 mil- more than 100,000 jobs. Due to the closure of are deeply rooted in the automotive industry, lion over 5 years to research and develop ad- Gaza’s borders and its inability to import raw which has greatly improved the quality of life vanced battery technology, my bill will help en- materials, farmers and businesses are unable in our time. Nearly 400,000 Americans jobs sure that America is the epicenter of hybrid to produce and export their goods leaving are provided directly by the automotive indus- and plug-in electric vehicles that will help re- nearly half a million people without an income. try on assembly lines, in research facilities, duce our dependence on oil. According to Oxfam, today 80 percent of and offices across the country. Additionally, Gaza’s population is dependent on food aid. approximately 3.5 million other jobs are sup- Hydrogen fuel cell technology has always On April 24th, the United Nations, UN, an- ported by the automotive industry through been regarded as the long-term goal of ex- nounced the suspension of their food aid pro- parts suppliers, hospitals, schools, and police tremely low-emission transportation. The New gram to 650,000 Gazans, 56 percent of whom stations that serve them. That means that BIG THREE Act will invest $250 million over are children, due to a lack of fuel for their every automotive job equals nearly 9 other 5 years to install hydrogen fuel pumps in com- trucks. These restrictions exacerbate an al- jobs for U.S. workers. mercial gas stations in at least two pilot re- ready dire humanitarian crisis in which 17.5 It is also impossible to ignore the current gions. By establishing a hydrogen infrastruc- percent of children under the age of five suffer struggles of the automotive industry. When ture, we can promote use of currently avail- from chronic malnutrition. Congress enacted energy legislation that in- able hydrogen vehicles and provide an incen- Water and wastewater systems have also creased CAFE standards to 35 miles per gal- tive to produce more of these leap-ahead ve- become a casualty of the blockade. Gaza’s lon by 2020, it placed the burden of cost on hicles. The New BIG THREE Act will also in- water and wastewater system is heavily reliant the auto industry to meet the aggressive effi- vest $150 million over 3 years for the Federal on diesel-powered generators. Due to the re- ciency targets. Increased CAFE standards Government to purchase hydrogen vehicles in strictions on the entry of diesel into Gaza, represent only the latest hurdle thrown at the order to reduce the emissions of our fleets many water pumps do not have the power to automotive industry from Washington, with lit- and demonstrate the viability of the tech- provide running water. Additionally, the sew- tle help delivered to assist the industry’s pur- nology. age system dates back to 1967 and was suit of higher efficiency and lower emissions. The New BIG THREE Act also has a provi- meant to provide for a population one-third the During a time of an economic slowdown, sion that will affect short-term efforts to in- size of Gaza’s Population. The lack of clean Washington should take steps to protect these crease fuel efficiency. Clean diesel technology water and an adequate sewage system has valuable jobs, not jeopardize them. is one of the best ways to reduce emissions led to a sanitary water crisis in Gaza. CAFE will cost the domestic automotive in- in the short term, and utilizing biodiesel is a According to a recent UN publication, sev- dustry an estimated $85 billion to research, promising way to reduce our dependence on enty-five percent of Gaza’s drinking water is develop, and implement the efficient and alter- Middle East oil. However, not all current bio- polluted. The lack of clean water and a proper native fuel technology required to meet the ag- diesel blends are compatible with all biodiesel sewage system has caused infestations of gressive new standards. For an industry that engines. My bill will direct the Environmental small organisms such as amoeba that have already spends approximately $16 billion per Protection Agency to make a harmonized na- led to several ailments including abdominal year on research and development, finding the tional standard for biodiesel composition. colic, diarrhea, and constipation. The sewage extra funds to develop this technology without Finally, my comprehensive plan will estab- crisis has also led to overflow. On March 27, compromising drivers’ safety will be extremely lish the Interagency Group on CAFE Stand- 2007, a wall of human waste overflowed into difficult. This means that the increased costs ards, which will make sure Federal agencies Gaza’s residential areas and caused the death will have to be passed on to the consumer, work together and that all money spent on of children and elderly people. with some estimating that it will cost an extra auto-related projects is used wisely and most According to the United Relief Works Agen- $6,000 per car to meet CAFE standards. effectively. cy, UNRWA, ‘‘Gaza is on the threshold of be- Instead of throwing the automotive industry Ultimately, my plan is about jobs and our coming the first territory to be intentionally re- up the creek without a paddle, economy. The New BIG THREE Act is about duced to a state of abject destitution, with the Washington should play a part in increasing working with one of our most important indus- knowledge, acquiescence and, some would energy efficiency. Energy security is an issue tries to create and retain good jobs, allow the say, encouragement of the international com- of national security and must be addressed industry to be competitive in the global market, munity.’’ over the short term and the long term. This re- and help move to a cleaner and more efficient Israel must protect its citizens and ensure quires a comprehensive strategy and steadfast line of American cars. The strong position of their security, but pursuant to the Fourth Ge- dedication to meet our goal. the Federal Government created by CAFE on

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.044 E29APPT1 wwoods2 on PRODPC68 with REMARKS E764 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 all of these issues mandates a strong commit- to his service in the North Carolina National TRIBUTE TO MARGARETE WALDEN ment to make sure the goals are accom- Guard, Emanuel served as a captain with the plished. I hope you will help American manu- Wallace, North Carolina, Police Department. HON. JIM McDERMOTT facturing succeed by supporting this important He shall be remembered by all those whose OF WASHINGTON legislation. lives he touched as the finest example of IN THE HOUSE OF REPRESENTATIVES f bravery, honor, and public service. Tuesday, April 29, 2008 COMMENDING THE ACCOMPLISH- Emanuel lived in Wallace his entire life, and Mr. MCDERMOTT. Madam Speaker, this MENTS OF STUDENTS FROM throughout his 34 years, worked selflessly to past Sunday, April 27, 2008, Margarete Wal- SOUTH TEXAS HIGH SCHOOL FOR make a positive difference in his community. den of the 7th Congressional District in Wash- HEALTH PROFESSIONS Besides working as a captain with the Wallace ington State, was announced the national win- Police Department, he also worked as a re- ner of the Student Conservation Association HON. RUBE´N HINOJOSA serve deputy for the Duplin County Sheriff’s and Mazda North American Operation’s Con- OF TEXAS office, where he led undercover drug inves- servation in Action multimedia contest. The IN THE HOUSE OF REPRESENTATIVES tigations in several surrounding counties. contest was designed to create new, practical Emanuel’s giving spirit found many outlets. He solutions to our Nation’s most urgent environ- Tuesday, April 29, 2008 also started a crime watch in his own neigh- mental issues. Mr. HINOJOSA. Madam Speaker, I rise borhood, helped to found a program to mentor Margarete Walden’s winning essay, titled today to commend the students of South kids without fathers, and coached youth bas- The Pen Pal Project: A Kyoto Protocol for the Texas High School for Health Professions in ketball. Individual Citizen, develops an action-oriented Mercedes, Texas for once again excelling in environmental solution. Implemented on the Emanuel will be missed by his family and the Health Occupations Students of America classroom level, American students would be state competition. This year 13 Med High stu- friends. He was the son of Harry and Merlese paired with students from a developing country dents scored first or second among all Texas Pickett, the youngest of 6 children. He was the and would be responsible for lowering their students in competitions testing their knowl- loving father of 3 children—2 daughters, ages carbon footprint to below per capita 1990 lev- edge of subjects ranging from nutrition to per- 17 and 10, and a 14-year-old son. Over his els by the end of the school year. This pen pal sonal care to first aid techniques. The hard lifetime, Emanuel earned countless friends. partnership is modeled on the Kyoto Protocol work of these South Texas high school stu- Because of his 13 years of service with the so that the pairs can work together to meet dents is to he commended, as is their involve- police department and his stint of more than their target while learning about international ment with HOSA. 20 years employed at a local butcher shop, environmental politics. The project’s main goal As our Nation struggles to find and train a Emanuel owned one of the most recognizable would be to provide students with a practical sufficient number of health care workers to faces in his community. He was so admired opportunity for action on global warming in the meet the needs of our aging population, within his community, in fact, that his family short term that would lead to a lifestyle HOSA has endeavored to play a leading role has received condolences from thousands of change of great benefit to the environment in in training high school and post-secondary stu- people, including some that Emanuel helped the long term. dents for futures in health care careers. To send to prison. Today, I am proud to welcome Miss Walden date, over 90,000 students have participated Emanuel Pickett was serving his second to our Nation’s capital where she will receive in the HOSA program through approximately tour of duty in Iraq when his life was taken. her cash prize and the 2008 fuel efficient 2,600 secondary and post-secondary chapters Mazda 3 sedan. His courage will continue to be an inspiration across the country. Margarete Walden reminds our Nation that to us all. His life is a strong representation of By expanding the number of students re- every citizen must be leaders in the incessant what can be accomplished through devotion to ceiving training and instruction in health care challenge to improve old models of conserva- careers, our Nation would be investing in the a community and its people. May God bless tion. his family, and may we always remember the futures of both our students and our commu- f nities. This Congress, I have introduced H.R. life of Staff Sergeant Emanuel Pickett. 3618, the Safe Schools and Health Care Pro- RECOGNIZING DARRELL R. GREEN fessional Pipeline Act, to facilitate the expan- f AS THE RECIPIENT OF THE CARE sion of health care and medical education in AWARD our secondary and post-secondary institutions. A PROCLAMATION HONORING This bill will create a pipeline of trained stu- GERRY JASPER FOR WINNING HON. JAMES P. MORAN THE OHIO DIVISION IV STATE dents into the health professions, where they OF VIRGINIA BASKETBALL CHAMPIONSHIP will be able to provide for the medical needs IN THE HOUSE OF REPRESENTATIVES of their communities. By introducing these stu- Tuesday, April 29, 2008 dents to health care careers at an early age, our high schools and universities will join in HON. ZACHARY T. SPACE Mr. MORAN of Virginia. Madam Speaker, I our effort to sustain an adequate supply of OF OHIO rise today to recognize Darrell R. Green, an medical professionals while developing the NFL Hall of Famer, seven-time All-Pro defen- skills of our young people. IN THE HOUSE OF REPRESENTATIVES sive back for the Washington Redskins and founder of the Darrell Green Youth Life Foun- Madam Speaker, I urge my colleagues to Tuesday, April 29, 2008 join me in commending the accomplishments dation, upon his receiving the Commonwealth of the students of Med High and in supporting Mr. SPACE. Madam Speaker: Academy Recognition for Educators, CARE, the Safe Schools and Health Care Profes- Award. Whereas, Gerry Jasper showed hard work Mr. Green is being honored for his visionary sional Pipeline Act. and dedication to the sport of basketball; and f leadership in establishing the Darrell Green Whereas, Gerry Jasper was a supportive Youth Life Foundation, which provides support A TRIBUTE TO STAFF SERGEANT team player; and services to young people facing challenging EMANUAL PICKETT Whereas, Gerry Jasper always displayed life circumstances. Through his foundation, Mr. sportsmanship on and off of the court; now, Green has opened the Youth Life Learning HON. MIKE McINTYRE therefore, be it Center in the District of Columbia and affiliate OF NORTH CAROLINA centers in Richmond, Virginia, and Nashville, Resolved, that along with his friends, family, IN THE HOUSE OF REPRESENTATIVES Tennessee. These centers provide com- and the residents of the 18th Congressional prehensive after-school and summer programs Tuesday, April 29, 2008 District, I congratulate Gerry Jasper on win- for at-risk teens and pre-teens. They offer aca- Mr. MCINTYRE. Madam Speaker, I rise ning the Ohio Division IV State Basketball demic enrichment and remedial education in today to pay tribute to Staff Sergeant Emanuel Championship. We recognize the tremendous the areas of reading, language arts, mathe- Pickett of Wallace, North Carolina, who lost hard work and sportsmanship he has dem- matics, supplemental services, mentoring and his life while defending our Nation on April 6 onstrated during the 2007–2008 basketball character development. In addition to pro- during a mortar attack in Baghdad. In addition season. viding these services, Mr. Green’s foundation

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.048 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E765 has created a National Training Institute where HONORING NATIONAL MINORITY number of foreclosures; these families affected community leaders can learn how to launch CANCER AWARENESS WEEK with cancer especially need our help. No one similar programs in their own neighborhoods. should have to choose between paying for A native of Houston, Texas, Darrell Green HON. JOE BACA medicine and paying for gas to get to a doc- had an illustrious career with the Washington OF CALIFORNIA tor’s appointment. Redskins. He was a seven-time All-Pro defen- IN THE HOUSE OF REPRESENTATIVES f sive back, played in three Super Bowls and Tuesday, April 29, 2008 A TRIBUTE TO COMMISSIONER R.E. retired in 2002 after a heralded 20-year ca- ‘‘GENE’’ BROWN reer. A top draft choice out of Texas A&I Uni- Mr. BACA. Madam Speaker, I ask unani- versity, Darrell understood the power of an mous consent to revise and extend my re- education, going back to school to complete marks to recognize National Minority Cancer HON. MIKE McINTYRE his undergraduate degree which he earned in Awareness Week. OF NORTH CAROLINA 1998 from St. Paul’s College in Lawrenceville, Cancer continues to devastate American IN THE HOUSE OF REPRESENTATIVES families throughout the United States. The Virginia. In 1999, Marymount University recog- Tuesday, April 29, 2008 nized Green for his extraordinary humanitarian Congressional District I represent lies in the Mr. MCINTYRE. Madam Speaker, I rise work and conferred upon him the honorary de- Cancer belt of California, with increase in the today to pay tribute to Pender County Com- gree of doctor of humane letters. number of cases diagnosed every day. Minori- ties in my area continue to be significantly im- missioner R.E. Brown of Burgaw, North Caro- Mr. Green has been breaking ground his pacted and every day are faced with the ques- lina, who recently passed away at the age of entire life. At an early age he faced some very tion of what to do and how to pay for costly 85. Affectionately referred to as ‘‘Gene’’ by challenging circumstances. But, with the sup- treatments. those who knew him and those he served, port of his high school coach and faith com- National Minority Cancer Awareness Week Commissioner Brown had been a commis- munity, Darrell was able to overcome those is recognized on the third week of April to sioner in the town of Burgaw for over 20 years obstacles, rising to become a celebrated pro raise awareness of the alarming incidence and and was serving as mayor pro-tempore. As a athlete. This personal experience is what effects cancer has amongst the minorities. native of southeastern North Carolina and as prompted him to create the foundation, so that This awareness contributes to much needed a public servant, he offered an unwavering at-risk young people can receive the support outreach education to those most affected. service to everything he did and to everyone they also need to succeed. High cancer rates among minorities are a who knew him, and he had admirable commit- I am delighted to be presenting the pres- widely known fact, and sadly due in large part ment to his responsibilities as an elected offi- tigious CARE award to Darrell Green, an out- to the health disparities in access to high qual- cial. standing community leader who has worked ity prevention, early detection and treatment Truly an asset to his community, Commis- tirelessly to enhance the lives of young peo- services. sioner Brown understood the people he rep- ple. I ask my colleagues to join me in con- In Congress, I have continued my efforts in resented and cared deeply about making a gratulating Darrell on this award and for his combating Breast Cancer by partnering with positive difference in their lives. Over his life- ongoing commitment to improving the lives of Senator DIANNE FEINSTEIN in reauthorizing the time, Brown dedicated himself to both govern- others. Breast Cancer Research Stamp for another ment and public service. He was a member of two years. Without research we are all in the the U.S. Army during World War II, and after- f dark. Thanks to this stamp, research for ward he served for 42 years as the post- breast cancer has increased by over $50 mil- master in the towns of Burgaw and Wallace. PERSONAL EXPLANATION lion. He was active in several community organiza- Increasing awareness is vital at a time when tions, including the Burgaw Jaycees, the we are facing cuts in Medicaid funding to Burgaw Lions, the King Solomon #138 Ma- HON. BRIAN HIGGINS States, and a shortage of funding to important sonic Lodge, and was an original member of OF NEW YORK programs like S–CHIP and WIC. Families the Pender County Rescue Squad. He was need to realize that cancer does strike dis- chairman of the Pender Adult Services execu- IN THE HOUSE OF REPRESENTATIVES proportionately in the minority community. tive board. A man of faith, he was also a Tuesday, April 29, 2008 Sadly, many patients find out about a can- member of Burgaw Baptist Church, where he cer diagnosis after it is too late. This is espe- served as a deacon and Sunday school teach- Mr. HIGGINS. Madam Speaker, last week I cially tragic when we know that only about 5 er. In honor of his extensive involvement and regrettably missed a number of votes to attend percent of all cancers are strongly hereditary, giving spirit, Brown was awarded the North to a family emergency. Had I been present for most cancers result in damage (mutation) to Carolina Governor’s Award for Volunteerism these votes, I would have voted as indicated genes that occur during one’s lifetime, accord- and Community Service in 2004. A father of below. ing to the American Cancer Society. three and grandfather of five, Brown leaves On Roll #213, the Matheson of Utah African Americans have the highest death behind his wife of 57 years. Amendment, I would have voted ‘‘aye.’’ rate for all cancers than any other group. In Commissioner Brown’s dedication to the On Roll #214, the Capito of West Virginia fact, African American men are twice as likely town of Burgaw, both as a citizen and as an Amendment, I would have voted ‘‘aye.’’ to die from prostate cancer as white men. The elected official, is an inspiration to us all. His American Cancer Society also reports that an record of service is a strong representation of On Roll #215, the Foster of Illinois Amend- estimated 152,000 African Americans will be what can be accomplished through devotion to ment, I would have voted ‘‘aye.’’ diagnosed and more than 62,000 African a community and its people. May God bless On Roll #216, the Motion to Recommit with Americans will die from cancer this year. his family, and may we always remember the Instructions, I would have voted ‘‘no.’’ For Hispanics in the United States, the data leadership and life of Commissioner Gene On Roll #217, final passage of H.R. 5819, I is just as alarming. Cancer is the second lead- Brown. would have voted ‘‘aye.’’ ing cause of death for Hispanics in the United f States. Moreover, cancer rates are higher for On Roll #218, on Ordering the Previous Hispanics for the cancers of the stomach, A PROCLAMATION HONORING Question, I would have voted ‘‘aye.’’ liver, cervix, and gallbladder. SHANE YORK FOR WINNING THE On Roll #219, on agreeing to H. Res. 1126, These are alarming statistics that are only a OHIO DIVISION IV STATE BAS- I would have votes ‘‘aye.’’ reflection of the devastating effects of cancer KETBALL CHAMPIONSHIP On Roll #220, the Poe of Texas Amend- in our minority communities. Cancer touches ment, I would have voted ‘‘aye.’’ the lives of not just only the patients, but the HON. ZACHARY T. SPACE On Roll #221, the McNerney of California family as well. OF OHIO Amendment, I would have voted ‘‘aye.’’ American families are the backbone of our IN THE HOUSE OF REPRESENTATIVES society, it is essential that we help them in any On Roll #222, the Motion to Recommit with way we can. Increased research and edu- Tuesday, April 29, 2008 Instructions, I would have voted ‘‘no.’’ cational outreach is the first step. Mr. SPACE. Madam Speaker: On Roll #223, final passage of H.R. 2830, I We are all facing the detrimental effects of Whereas, Shane York showed hard work would have voted ‘‘aye.’’ the skyrocketing gas prices and a devastating and dedication to the sport of basketball; and

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.052 E29APPT1 wwoods2 on PRODPC68 with REMARKS E766 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2008 Whereas, Shane York was a supportive COMMENDING THE STATE OF Leadership Institute of the American Associa- team player; and KANSAS tion of State Colleges and Universities. Dr. Battle began his academic career at the Whereas, Shane York always displayed University of Minnesota in 1980, serving as an sportsmanship on and off of the court; now, HON. NANCY E. BOYDA assistant professor in the School of Social OF KANSAS therefore, be it Work with an adjunct appointment in the IN THE HOUSE OF REPRESENTATIVES Resolved, that along with his friends, family, School of Public Health. Four years later, he and the residents of the 18th Congressional Tuesday, April 29, 2008 moved to Boston University, holding joint ap- District, I congratulate Shane York on winning Mrs. BOYDA of Kansas. Madam Speaker, I pointments in the Schools of Social Work and the Ohio Division IV State Basketball Cham- would like to commend the state of Kansas for Public Health. He was named a professor in pionship. We recognize the tremendous hard passing the Interstate Compact on Educational the University of Connecticut School of Social work and sportsmanship he has demonstrated Opportunity for Military Children Kansas (Kan- Work in 1987, where he was promoted to as- during the 2007–2008 basketball season. sas House Bill 2714). sociate dean for research and development in Military parents, like all parents, want a 1991. f high-quality education for their children. Due to In 1993, Battle was recruited to Eastern the nature of their jobs, which often require Connecticut State University as associate vice TRIBUTE TO THE 50TH ANNIVER- frequent moves, military families are too often president for academic affairs. Five years SARY OF THE SOUTHEASTERN faced with extra challenges. The enactment of later, he joined the University of Wisconsin- COLORADO WATER CONSER- the Interstate Compact on Educational Oppor- Milwaukee as the Sullivan-Spaights Distin- VANCY DISTRICT tunity for Military Children is truly a hallmark guished Professor in UWM’s School of Social for the state of Kansas. It will remove the edu- Welfare and Education. In that role, he estab- cational barriers military children often face lished scholarships, a summer research insti- HON. JOHN T. SALAZAR when parents must move to another state or tute focused on issues pertaining to adoles- cent fathers, and a mentoring institute for ado- OF COLORADO are deployed. The bill creates a pact with other states to lescent African American males. In 2000, he IN THE HOUSE OF REPRESENTATIVES streamline the school transfer process. It in- was promoted to vice chancellor of student cludes many creative solutions such as allow- and multicultural affairs at UMW, a post he Tuesday, April 29, 2008 ing students to use hand-carried records, rath- held until being named president of Coppin Mr. SALAZAR. Madam Speaker, I rise today er than waiting on schools to transfer records, State in 2003. Throughout his career, Dr. Battle has re- to honor the occasion of the 50th Anniversary and requiring districts that do transfer records mained committed to scholarly endeavor, com- of the Southeastern Colorado Water Conser- to do so within 10 days. it also gives extra ex- munity involvement and collaboration. Battle vancy District. All of us have in our districts cused absences to children with a parent who is deploying or returning and lets students en- has numerous awards and honors and is an special places and special people. The Arkan- accomplished teacher, researcher, and speak- sas Valley is very near to me because of the roll in advanced courses and special education programs previously enrolled in. Fur- er. He is also the author or co-author of 11 grit of its people and its genuine effort to sus- books and more than 60 articles and book tain its culture and rural economy. ther, it provides schools with the choice to en- roll students into extracurricular programs chapters, primarily focusing on social issues More than half a century ago, this region midseason and waive prerequisites involving the African American community. was optimistic about its future. The Valley Provisions in the bill will apply to children of Battle and his wife, Judith Lynn Rozie-Bat- knew that if it worked hard, it could prosper. active members of the military, including those tle, an attorney, have one daughter, Ashley But the people in the Valley also knew that members severely injured and medically dis- Lynn, a graduate of Mount Holyoke College they needed more water in order to do so. It charged and those retired for a period of up to who is now pursuing a master’s degree from was then that they envisioned a project which one year after retirement. the Columbia School of Journalism. would bring them supplemental water for The U.S. Department of Defense Office of f farms and ranches and small businesses and Personnel and Readiness, in cooperation with RECOGNIZING THE SOUTHEASTERN industry like the steel mill. the Council of State Governments and Advi- COLORADO WATER CONSER- The people came together to push such a sory Group, have embraced the compact and VANCY DISTRICT project, which came to be known as the look forward to working with other states as Fryingpan-Arkansas because it moved water they develop similar programs. HON. MARILYN N. MUSGRAVE This compact celebrates our nation’s de- from the Fryingpan River watershed to the Ar- OF COLORADO fenders and I ask my colleagues in Congress kansas River basin. In fact, the people needed IN THE HOUSE OF REPRESENTATIVES to congratulate the fine state of Kansas and to to lobby Washington on behalf of the project, Tuesday, April 29, 2008 and they sold small golden fryingpans to raise encourage their states to join the Compact. Mrs. MUSGRAVE. Madam Speaker, Fifty money to send citizen lobbyists to Washington f years ago today, the Southeastern Colorado to tell the story of their need and their dream. A TRIBUTE TO STANLEY F. Water Conservancy District was formed by a The Southeastern Colorado Water Conser- BATTLE district court in Pueblo, Colorado. Its charge vancy District was eventually formed by these was to develop and administer the Fryingpan- local activists, if you will. It was created under HON. EDOLPHUS TOWNS Arkansas Project. Colorado statute and designated by the Pueb- OF NEW YORK My Congressional District includes the lo, Colorado district court. Its mission was to IN THE HOUSE OF REPRESENTATIVES Lower Arkansas Valley, which both the Project develop, in partnership with the Bureau of and the District serve. Supplemental water is Tuesday, April 29, 2008 Reclamation, the multi-purpose project we provided for agricultural, municipal and indus- now know. Mr. TOWNS. Madam Speaker, I rise today trial purposes with the hope of sustaining the in recognition of Stanley F. Battle, who on July I want to congratulate the District on its 50 livelihood of the people of this region. 1, 2007, assumed the position of chancellor of The Arkansas Valley is not a wealthy re- years of dedicated work. Not only does it man- North Carolina Agricultural and Technical gion, but its people are rich in their determina- age this complex project with its many diver- State University. tion and their love for the Valley. After World sion, conveyance and storage features; it pro- A native of Springfield, Massachusetts, Dr. War II, this area like many others, saw a fu- motes conservation programs, administers a Battle majored in sociology at Springfield Col- ture of growth and enhancement, but it need- valuable winter water storage program, and lege, graduating in 1973. After completing a ed more to obtain those goals. manages return flows for augmentation pur- master’s degree in social work from the Uni- The Southeastern District and the many poses. versity of Connecticut in 1975, he earned a wonderful Valley residents who have served The District and its many distinguished master’s degree in public health (1979) and a on its Board of Directors over the 50 years of board members who have served the District doctorate in social welfare policy (1980) from its existence have served us well. The and the Valley over 50 years are to be com- the University of Pittsburgh. He later com- Fryingpan-Arkansas Project is an important mended for their important efforts as they cel- pleted the Institute for Educational Manage- tool in the area’s efforts to survive both eco- ebrate their golden anniversary today. ment at Harvard University and the Millennium nomically and culturally. While the Arkansas

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.010 E29APPT1 wwoods2 on PRODPC68 with REMARKS April 29, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E767 Basin experiences its highs and lows, often in- Resolved, that along with his friends, family, chapter has raised several million dollars. This fluenced by the availability of water in any and the residents of the 18th Congressional money has gone to buy 11 ambulances that given year, the Basin recognizes the value of District, I congratulate Matt Blake on winning cost anywhere between $70 and $100 thou- the Project and the District which manages it the Ohio Division IV State Basketball Cham- sand. The money also helps build blood cen- capably and effectively. pionship. We recognize the tremendous hard ters in Israel which supply 95 percent of the I want to thank the Southeastern District for work and sportsmanship he has demonstrated blood in the state to among others, hospitals its efforts and congratulate them on their half during the 2007–2008 basketball season. and the military. a century of success. f f Over the last three years, the chapter has IN TRIBUTE TO THE AIGEN HAIFA A PROCLAMATION HONORING been short handed. Many of us remember the CHAPTER OF AMERICAN destruction by Hurricane Wilma in 2005. This MATT BLAKE FOR WINNING THE FRIENDS OF MAGEN DAVID group felt it first hand, more than 50 of its 120 OHIO DIVISION IV STATE BAS- ADOM KETBALL CHAMPIONSHIP members have left and not returned to the HON. DEBBIE WASSERMAN SCHULTZ area. But that has not stopped them from tak- HON. ZACHARY T. SPACE ing money out of their own pockets to donate OF FLORIDA OF OHIO to the state of Israel. On several occasions, a IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES former member has passed away, and willed Tuesday, April 29, 2008 Tuesday, April 29, 2008 money to the organization so they could help Mr. SPACE. Madam Speaker: Mrs. WASSERMAN SCHULTZ. Madam their brothers and sisters in Israel. Whereas, Matt Blake showed hard work and Speaker, I rise today to pay tribute to the Madam Speaker, this group exemplifies Aigen Haifa Chapter of American Friends of dedication to the sport of basketball; and some of the best that this country has to offer. Whereas, Matt Blake was a supportive team Magen David Adom. Magen David Adom is I thank you for giving me the opportunity to tell player; and Israel’s equivalent to the Red Cross. Whereas, Matt Blake always displayed The chapter based out of Sunrise, Florida, all of America about some of the women and sportsmanship on and off of the court; now, is celebrating the 60th anniversary of the state men in my district who work to make positive therefore, be it of Israel. Since its formation in 1992, the changes in the lives of others.

VerDate Aug 31 2005 05:29 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.056 E29APPT1 wwoods2 on PRODPC68 with REMARKS Tuesday, April 29, 2008 Daily Digest Senate A unanimous-consent agreement was reached pro- Chamber Action viding for further consideration of the bill at ap- Routine Proceedings, pages S3459–S3552 proximately 9:30 a.m., on Wednesday, April 30, Measures Introduced: Eleven bills and three reso- 2008, and that Senator Durbin be recognized to offer lutions were introduced, as follows: S. 2928–2938, an amendment. Page S3550 and S. Res. 539–541. Pages S3507–08 Consumer Product Safety Modernization Act— Measures Reported: Conferees: Senate insisted on its amendment and re- S. 1760, to amend the Public Health Service Act quested a conference with the House on H.R. 4040, with respect to the Healthy Start Initiative, with an to establish consumer product safety standards and other safety requirements for children’s products and amendment in the nature of a substitute. Page S3507 to reauthorize and modernize the Consumer Product Measures Passed: Safety Commission, and the Chair appointed the fol- Authorizing Legal Representation: Senate agreed lowing conferees: Senators Inouye, Pryor, Boxer, to S. Res. 539, to authorize testimony and legal rep- Klobuchar, Stevens, Hutchison, and Sununu. resentation in State of Maine v. Douglas Rawlings, Page S3549 Jonathan Kreps, James Freeman, Henry Braun, Rob- Independent Office of Advocacy and Small Busi- ert Shetterly, and Dudley Hendrick. Pages S3461–62 ness Regulatory Reform Act Referral—Agree- Higher Education Act Extension: Senate passed ment: A unanimous consent agreement was reached S. 2929, to temporarily extend the programs under providing that the Committee on Health, Education, the Higher Education Act of 1965. Page S3475 Labor, and Pensions be discharged from further consideration of S. 2902, to ensure the independent op- Commemorating Dith Pran: Senate agreed to S. eration of the Office of Advocacy of the Small Busi- Res. 515, commemorating the life and work of Dith ness Administration, ensure complete analysis of po- Pran. Pages S3549–50 tential impacts on small entities of rules, and that Political Situation in Zimbabwe: Committee on the bill be referred to the Committee on Small Busi- Foreign Relations was discharged from further con- ness and Entrepreneurship. Page S3549 sideration of S. Res. 533, expressing the sense of the Nominations Confirmed: Senate confirmed the fol- Senate regarding the political situation in lowing nominations: Zimbabwe, and the resolution was then agreed to. Patricia M. Haslach, of Oregon, a Career Member Page S3550 of the Senior Foreign Service, Class of Minister- Measures Considered: Counselor, for the rank of Ambassador during her FAA Reauthorization Act: Senate began consid- tenure of service as United States Senior Coordinator eration of H.R. 2881, to amend title 49, United for the Asia-Pacific Economic Cooperation (APEC) States Code, to authorize appropriations for the Fed- Forum. eral Aviation Administration for fiscal years 2008 Rebecca A. Gregory, of Texas, to be United States through 2011, to improve aviation safety and capac- Attorney for the Eastern District of Texas for the ity, to provide stable funding for the national avia- term of four years. tion system, after agreeing to the motion to proceed Yousif Boutrous Ghafari, of Michigan, to be Am- to its consideration, and taking action on the fol- bassador to the Republic of Slovenia. lowing amendment proposed thereto: Robert G. McSwain, of Maryland, to be Director Pages S3475–84, S3484–96 of the Indian Health Service, Department of Health Pending: and Human Services, for the term of four years. Rockefeller Amendment No. 4585, in the nature Kurt Douglas Volker, of Pennsylvania, to be of a substitute. Pages S3484–96 United States Permanent Representative on the D512

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Council of the North Atlantic Treaty Organization, 27 Army nominations in the rank of general. with the rank and status of Ambassador. Page S3551 Joxel Garcia, of Connecticut, to be Representative Messages from the House: Pages S3502–03 of the United States on the Executive Board of the World Health Organization. Measures Referred: Page S3503 Robert J. Callahan, of Virginia, to be Ambassador Measures Placed on the Calendar: Page S3503 to the Republic of Nicaragua. Executive Communications: Page S3503 Heather M. Hodges, of Ohio, to be Ambassador to the Republic of Ecuador. Petitions and Memorials: Pages S3503–07 Barbara J. Stephenson, of Florida, to be Ambas- Additional Cosponsors: Pages S3508–10 sador to the Republic of Panama. Statements on Introduced Bills/Resolutions: William Edward Todd, of Virginia, to be Ambas- Pages S3510–16 sador to Brunei Darussalam. Hugo Llorens, of Florida, to be Ambassador to the Additional Statements: Pages S3500–02 Republic of Honduras. Amendments Submitted: Pages S3516–48 Samuel W. Speck, of Ohio, to be a Commissioner Authorities for Committees to Meet: on the part of the United States on the International Joint Commission, United States and Canada. Pages S3548–49 Scot A. Marciel, of California, for the rank of Am- Adjournment: Senate convened at 10 a.m. and ad- bassador during his tenure of service as Deputy As- journed at 7:36 p.m., until 9:30 a.m. on Wednes- sistant Secretary of State for East Asian and Associa- day, April 30, 2008. (For Senate’s program, see the tion of Southeast Asian Nations (ASEAN) Affairs. remarks of the Acting Majority Leader in today’s Nancy E. McEldowney, of Florida, to be Ambas- Record on page S3550.) sador to the Republic of Bulgaria. Stephen George McFarland, of Texas, to be Am- Committee Meetings bassador to the Republic of Guatemala. Peter E. Cianchette, of Maine, to be Ambassador (Committees not listed did not meet) to the Republic of Costa Rica. Frank Charles Urbancic, Jr., of Indiana, to be Am- AUTHORIZATION—DEFENSE bassador to the Republic of Cyprus. Committee on Armed Services: Subcommittee on Per- Barbara McConnell Barrett, of Arizona, to be Am- sonnel met in closed session and approved for full bassador to the Republic of Finland. committee consideration, those provisions which fall 25 Air Force nominations in the rank of general. within the jurisdiction of the subcommittee, of the 7 Army nominations in the rank of general. proposed National Defense Authorization Act for fis- 17 Marine Corps nominations in the rank of gen- cal year 2009. eral. AUTHORIZATION—DEFENSE 26 Navy nominations in the rank of admiral. Routine lists in the Air Force, Army, Coast Committee on Armed Services: Subcommittee on Guard, Foreign Service, Marine Corps, Navy. SeaPower met in closed session and approved for full Pages S3473–75, S3551–52 committee consideration, those provisions which fall within the jurisdiction of the subcommittee, of the Nominations Received: Senate received the fol- proposed National Defense Authorization Act for fis- lowing nominations: cal year 2009. Eric J. Boswell, of the District of Columbia, to be an Assistant Secretary of State (Diplomatic Security). AUTHORIZATION—DEFENSE Eric J. Boswell, of the District of Columbia, to be Committee on Armed Services: Subcommittee on Readi- Director of the Office of Foreign Missions, and to ness and Management Support met in closed session have the rank of Ambassador during his tenure of and approved for full committee consideration, those service. provisions which fall within the jurisdiction of the Patricia McMahon Hawkins, of Virginia, to be subcommittee, of the proposed National Defense Au- Ambassador to the Togolese Republic. thorization Act for fiscal year 2009. Paul G. Gardephe, of New York, to be United States District Judge for the Southern District of AUTHORIZATION—DEFENSE New York. Committee on Armed Services: Subcommittee on Emerg- Clark Waddoups, of Utah, to be United States ing Threats and Capabilities met in closed session District Judge for the District of Utah. and approved for full committee consideration, those 1 Air Force nomination in the rank of general. provisions which fall within the jurisdiction of the

VerDate Aug 31 2005 05:13 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP8.REC D29APPT1 wwoods2 on PRODPC68 with DIGEST D514 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2008 subcommittee, of the proposed National Defense Au- tion to more rapidly produce tamper-and counterfeit- thorization Act for fiscal year 2009. resistant driver’s licenses, and to protect privacy and civil liberties by providing interested stakeholders on SUBPRIME HOME LENDING a negotiated rulemaking with guidance to achieve Committee on Commerce, Science, and Transportation: Sub- improved 21st century licenses to improve national committee on Interstate Commerce, Trade, and security, after receiving testimony from Stewart Tourism concluded a hearing to examine improving Baker, Assistant Secretary of Homeland Security for consumer protections in subprime home lending, Policy; Derwood K. Staeben, Senior Advisor, West- after receiving testimony from Lydia B. Parnes, Di- ern Hemisphere Travel Initiative, Bureau of Consular rector, Bureau of Consumer Protection, Federal Affairs, Department of State; State Representative Trade Commission; Connecticut Attorney General Donna Stone, Delaware General Assembly, Dover, on Richard Blumenthal, Hartford; Kathleen E. Keest, behalf of the National Conference of State Legisla- Center for Responsible Lending, Durham, North tures; and David Quam, National Governors Associa- Carolina; and Ira J. Rheingold, National Association tion, Caroline Fredrickson, American Civil Liberties of Consumer Advocates, and Bill Himpler, American Union, Roger J. Dow, Travel Industry Association of Financial Services Association, both of Washington, America (TIA), Sophia Cope, Center for Democracy D.C. and Technology, and Angelo I. Amador, United EPA’S TOXIC CHEMICAL POLICIES States Chamber of Commerce, and Americans for Better Borders Coalition (ABB), all of Washington, Committee on Environment and Public Works: Com- D.C. mittee concluded an oversight hearing to examine the Environmental Protection Agency’s toxic chem- WORKPLACE SAFETY ical policies, focusing on current Toxic Substances Committee on Health, Education, Labor, and Pensions: Control Act implementation and risk assessment Committee concluded a hearing to examine the Oc- issues, after receiving testimony from Jim Gulliford, cupational Safety and Health Administration, focus- Assistant Administrator, Office of Prevention, Pes- ing on penalties related to workplace safety, after re- ticides and Toxic Substances, Environmental Protec- ceiving testimony from Peg Seminario, AFL–CIO, tion Agency; John B. Stephenson, Director, Natural Washington, D.C.; David M. Uhlmann, University Resources and Environment, Government Account- of Michigan Law School Environmental Law and ability Office; Linda C. Giudice, University of Cali- Policy Program, Ann Arbor; Ron Hayes, FIGHT fornia, San Francisco, Department of Obstetrics, Project, Fairhope, Alabama; George Jenson, Jenson Gynecology, and Reproductive Sciences; Annette Fire Protection, Ellicott City, Maryland; and Donald Gellert, WELL Network, Tiburon, California; V.M. Coit Smith, Temple, Texas. DeLisi, Fanwood Chemical, Inc., Fanwood, New Jer- sey, on behalf of the Synthetic Organic Chemical RUNAWAY AND HOMELESS YOUTH Manufacturers Association; Laura M. Plunkett, Inte- Committee on the Judiciary: Committee concluded a grative Biostrategies, LLC, Houston, Texas; and hearing to examine living on the street, focusing on Lynn R. Goldman, Johns Hopkins University finding solutions to protect runaway and homeless Bloomberg School of Public Health, Baltimore, youth, including the Runaway, Homeless, and Miss- Maryland. ing Children Protection Act (P.L. 108–96), after receiving testimony from Mark Redmond and Michael REAL ID ACT Hutchins, both of Spectrum Youth and Family Serv- Committee on Homeland Security and Governmental Af- ices, Burlington, Vermont; Victoria A. Wagner, Na- fairs: Subcommittee on Oversight of Government tional Network for Youth, Washington, D.C.; Je- Management, the Federal Workforce, and the Dis- rome Kilbane, Covenant House, Pennsylvania, Phila- trict of Columbia concluded a hearing to examine delphia; and Djimon Hounsou, Los Angeles, Cali- the REAL ID Act (Public Law 109–13) and the fornia. Western Hemisphere Travel Initiative, focusing on its implementation, including S. 717, to repeal title BUSINESS MEETING II of the REAL ID Act of 2005, to restore section Select Committee on Intelligence: Committee met in 7212 of the Intelligence Reform and Terrorism Pre- closed session to consider pending intelligence mat- vention Act of 2004, which provides States addi- ters. tional regulatory flexibility and funding authoriza- Committee recessed subject to the call.

VerDate Aug 31 2005 05:13 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP8.REC D29APPT1 wwoods2 on PRODPC68 with DIGEST April 29, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D515 House of Representatives Mashantucket Pequot (Western) Tribe—clearing the Chamber Action measure for the President; Pages H2769–70 Public Bills and Resolutions Introduced: 15 pub- Ratifying a conveyance of a portion of the lic bills, H.R. 5911–5925; and 13 resolutions, H. Jicarilla Apache Reservation to Rio Arriba Coun- Con. Res. 336–338, and H. Res. 1155, 1158–1166, ty, State of New Mexico, pursuant to the settle- were introduced. Pages H2852–53 ment of litigation between the Jicarilla Apache Additional Cosponsors: Pages H2853–55 Nation and Rio Arriba County, State of New Reports Filed: Reports were filed today as follows: Mexico, to authorize issuance of a patent for said H. Res. 964, to promote the safe operation of 15 lands, and to change the exterior boundary of the passenger vans, with amendments (H. Rept. Jicarilla Apache Reservation accordingly: H.R. 110–608); 3522, to ratify a conveyance of a portion of the H.R. 3490, to transfer administrative jurisdiction Jicarilla Apache Reservation to Rio Arriba County, of certain Federal lands from the Bureau of Land State of New Mexico, pursuant to the settlement of Management to the Bureau of Indian Affairs and to litigation between the Jicarilla Apache Nation and take such lands into trust for Tuolumne Band of Rio Arriba County, State of New Mexico, to author- Me-Wuk Indians of the Tuolumne Rancheria, with ize issuance of a patent for said lands, and to change an amendment (H. Rept. 110–609); the exterior boundary of the Jicarilla Apache Res- H.R. 3522, to ratify a conveyance of a portion of ervation accordingly; Pages H2770–71 the Jicarilla Apache Reservation to Rio Arriba Coun- Tuolumne Me-Wuk Land Transfer Act of 2007: ty, State of New Mexico, pursuant to the settlement H.R. 3490, amended, to transfer administrative ju- of litigation between the Jicarilla Apache Nation and risdiction of certain Federal lands from the Bureau Rio Arriba County, State of New Mexico, to author- of Land Management to the Bureau of Indian Affairs, ize issuance of a patent for said lands, and to change to take such lands into trust for Tuolumne Band of the exterior boundary of the Jicarilla Apache Res- Me-Wuk Indians of the Tuolumne Rancheria; ervation accordingly (H. Rept. 110–610); Page H2771 S. 2457, to provide for extensions of leases of certain land by Mashantucket Pequot (Western) Tribe Honoring the life and legacy of Chief Standing (H. Rept. 110–611); Bear, a pioneer in civil rights for Native Ameri- H. Res. 1156, providing for consideration of the cans, on the 100th anniversary of Chief Standing Senate amendment to the bill (H.R. 493) to prohibit Bear’s death: H. Res. 1043, to honor the life and discrimination on the basis of genetic information legacy of Chief Standing Bear, a pioneer in civil with respect to health insurance and employment rights for Native Americans, on the 100th anniver- (H. Rept. 110–612); and sary of Chief Standing Bear’s death; Pages H2772–73 H. Res. 1157, providing for consideration of the Consolidated Natural Resources Act of 2008: S. bill (H.R. 5522) to require the Secretary of Labor to 2739, to authorize certain programs and activities in issue interim and final occupational safety and health the Department of the Interior, the Forest Service, standards regarding worker exposure to combustible and the Department of Energy, to implement further dust (H. Rept. 110–613). Pages H2851–52 the Act approving the Covenant to Establish a Com- Speaker: Read a letter from the Speaker wherein she monwealth of the Northern Mariana Islands in Polit- appointed Representative Rick Larsen to act as ical Union with the United States of America, and Speaker pro tempore for today. Page H2765 to amend the Compact of Free Association Amend- ments Act of 2003, by a 2⁄3 yea-and-nay vote of 291 Recess: The House recessed at 12:48 p.m. and re- yeas to 117 nays, Roll No. 226—clearing the meas- convened at 2 p.m. Page H2768 ure for the President; Pages H2773–H2814, H2830 Chaplain: The prayer was offered by the guest Supporting the goals and ideals of Financial Chaplain, Dr. William Lloyd Birch, retired Baptist Literacy Month 2008: H. Res. 1079, to support the minister, Florence, South Carolina. Page H2768 goals and ideals of Financial Literacy Month 2008, Suspensions: The House agreed to suspend the rules by a 2⁄3 yea-and-nay vote of 402 yeas to 2 nays, Roll and pass the following measures: No. 224; Pages H2814–20, H2828–29 Providing for extensions of leases of certain land Financial Consumer Hotline Act of 2007: H.R. by Mashantucket Pequot (Western) Tribe: S. 2457, 4332, to amend the Federal Financial Institutions to provide for extensions of leases of certain land by Examination Council Act to require the Council to

VerDate Aug 31 2005 05:13 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP8.REC D29APPT1 wwoods2 on PRODPC68 with DIGEST D516 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2008 establish a single telephone number that consumers Intent to Offer Motion to Instruct Conferees: with complaints or inquiries could call and be rout- Representative Flake gave notice of his intent to ed to the appropriate Federal banking agency or offer a motion to instruct conferees on H.R. 2419, State bank supervisor, by a 2⁄3 yea-and-nay vote of Food and Energy Security Act of 2007. Page H2828 408 yeas to 1 nay, Roll No. 225; Intent to Offer Motion to Instruct Conferees: Pages H2820–21, H2829–30 Representative Ryan (WI) gave notice of his intent Expressing the sense of the House of Representa- to offer a motion to instruct conferees on H.R. 2419, tives that there should be established a National Food and Energy Security Act of 2007 Page H2830 Watermelon Month: H. Res. 578, amended, to ex- Senate Messages: Message received from the Senate press the sense of the House of Representatives that today and messages received from the Senate by the there should be established a National Watermelon Clerk and subsequently presented to the House Month; Pages H2821–23 today appear on pages H2768 and H2828. Expressing support for designation of March 11, Senate Referrals: S. 2829 was referred to the Com- 2008, as ‘‘National Funeral Director and Morti- mittee on the Judiciary; S. Con. Res. 74 was referred cian Recognition Day’’: H. Res. 892, amended, to to the Committee on Foreign Affairs; and S. 2929 express support for designation of March 11, 2008 was held at the desk. Page H2850 as ‘‘National Funeral Director and Mortician Rec- Quorum Calls—Votes: Three yea-and-nay votes de- ognition Day’’; Pages H2823–24 veloped during the proceedings of today and appear Agreed to amend the title so as to read: ‘‘Express- on pages H2828–29, H2829, and H2830. There ing support for designation of a ‘National Funeral were no quorum calls. Director and Mortician Recognition Day’.’’. Adjournment: The House met at 12:30 p.m. and Page H2824 adjourned at 10:24 p.m. Expressing the sense of the House of Representa- tives that public servants should be commended for Committee Meetings their dedication and continued service to the Na- tion during Public Service Recognition Week, May MILITARY INTELLIGENCE PROGRAM 5 through 11, 2008: H. Res. 1073, to express the Committee on Appropriations: Subcommittee on De- sense of the House of Representatives that public fense/Select Intelligence Oversight Panel met in ex- servants should be commended for their dedication ecutive session to hold a hearing on the Military In- and continued service to the Nation during Public telligence Program. Testimony was heard from James Service Recognition Week, May 5 through 11, 2008; R. Clapper, Jr., Under Secretary, Intelligence, De- Pages H2824–25 partment of Defense. Expressing the sense of the House of Representa- HEPARIN DISASTER tives that there should be established a National Letter Carriers Appreciation Day: H. Res. 49, to Committee on Energy and Commerce: Subcommittee on express the sense of the House of Representatives Oversight and Investigations held a hearing entitled ‘‘The Heparin Disaster: Chinese Counterfeits and that there should be established a National Letter American Failures.’’ Testimony was heard from Janet Carriers Appreciation Day; and Pages H2825–27 Woodcock, M.D. Director, Center for Drug Evalua- Corporal Bradley T. Arms Post Office Building tion and Research, FDA, Department of Health and Designation Act: H.R. 5631, to designate the facil- Human Services; and public witnesses. ity of the United States Postal Service located at 1155 Seminole Trail in Charlottesville, Virginia, as OVERSIGHT—DEFENSE DEPARTMENT the ‘‘Corporal Bradley T. Arms Post Office Build- ACQUISITIONS ing’’. Pages H2827–28 Committee on Oversight and Government Reform, and the Privileged Message: The House received a privi- Subcommittee on National Security and Foreign Af- fairs held a joint hearing on Oversight of Defense leged message from the Senate requesting that the Department Acquisitions. Testimony was heard from House return to the Senate the bill H.R. 493, to Michael J. Sullivan, Director, Acquisition and prohibit discrimination on the basis of genetic infor- Sourcing Management, GAO; and from the fol- mation with respect to health insurance and employ- lowing officials of the Department of Defense: David ment. Page H2828 Patterson, Principal Deputy Under Secretary for Recess: The House recessed at 4:18 p.m. and recon- Comptroller; and James Finley, Deputy Under Sec- vened at 6:30 p.m. Page H2828 retary, Acquisition and Technology.

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MISCELLANEOUS MEASURES; RECRUITING sideration of the bill to a time designated by the AND RETAINING FEDERAL EMPLOYEES Speaker. Testimony was heard by Chairman George Committee on Oversight and Government Reform: Sub- Miller of California, and Representatives McKeon committee on Federal Workforce, Postal Service and and Wilson of South Carolina. the District of Columbia approved for full Com- mittee action the following bills: H.R. 5550, SENATE AMENDMENT—GENETIC amended, To amend title 5, United States Code, to INFORMATION NONDISCRIMINATION ACT increase the maximum age to qualify for coverage as OF 2008 a ‘‘child’’ under the health benefits program for Fed- Committee on Rules: Granted, by a voice vote, a rule eral employees; and H.R. 5912, To amend title 39, making in order a motion by the Chairman of the United States Code, to make cigarettes and certain Committee on Education and Labor to concur in the other tobacco products nonmailable, and for other Senate amendment. The rule waives all points of purposes. order against the motion except clause 10 of rule The Subcommittee also held a hearing on Catch- XXI. The rule provides that the Senate amendment ing Up Benefits That Will Help Recruit and Retain and the motion shall be considered as read. The rule Federal Employees. Testimony was heard from Greg provides one hour of debate on the motion with 20 Long, Executive Director, Federal Retirement Thrift minutes equally divided and controlled by the chair- Investment Board; Daniel A. Green, Deputy Asso- man and ranking minority member of the Com- ciate Director, Employee and Family Support Policy, mittee on Education and Labor; 20 minutes equally Strategic Human Resources Policy Division, OPM; divided and controlled by the chairman and ranking and public witnesses. minority member of the Committee Energy and COMBUSTIBLE DUST EXPLOSION AND Commerce; and 20 minutes equally divided and con- FIRE PREVENTION ACT OF 2008 trolled by the chairman and ranking minority member of the Committee Ways and Means. The rule Committee on Rules: Granted, by voice vote, a struc- further provides that the Chair may postpone further tured rule. The rule provides one hour of general de- consideration of the motion to a time designated by bate on H.R. 5522, the Combustible Dust Explosion the Speaker. Testimony was heard by Chairman and Fire Prevention Act of 2008, equally divided George Miller of California and Representative and controlled by the chairman and ranking minor- McKeon. ity member of the Committee on Education and Labor. The rule waives all points of order against GLOBAL WARMING’S IMPACT ON OCEANS consideration of the bill except clauses 9 and 10 of rule XXI. The rule provides that the amendment in Select Committee on Energy Independence and Global the nature of a substitute recommended by the Com- Warming: Held a hearing entitled ‘‘Rising Taxes, mittee on Education and Labor now printed in the Rising Temperatures: Global Warming’s Impact on bill shall be considered as an original bill for the the Oceans.’’ Testimony was heard from public wit- purpose of amendment and shall be considered as nesses. read. The rule waives all points of order against the amendment in the nature of a substitute except for clause 10 of rule XXI. Joint Meetings The rule makes in order only those amendments printed in the Rules Committee report. The amend- EUROPE’S BLACK POPULATION ments made in order may be offered only in the Commission on Security and Cooperation in Europe: Com- order printed in the report, may be offered only by mission concluded a hearing to examine challenges a Member designated in the report, shall be consid- and opportunities of Europe’s Black population, fo- ered as read, shall be debatable for the time specified cusing on hate crimes and discrimination, anti-im- in the report equally divided and controlled by the migration and national identity debates, and grow- proponent and an opponent, shall not be subject to ing security concerns, after receiving testimony from amendment, and shall not be subject to a demand Joe Frans, United Nations Working Group on Peo- for a division of the question in the House or in the ple of African Descent, former Swedish Parliamen- Committee of the Whole. All points of order against tarian, Stockholm, Sweden; Gary Younge, The the amendments except for clauses 9 and 10 of rule Guardian, New York, New York; Allison Blakeley, XXI are waived. The rule provides one motion to re- Boston University, Boston, Massachusetts; Philomena commit with or without instructions. The rule pro- Essed, Dutch Equal Treatment Commission, Berke- vides that, notwithstanding the operation of the pre- ley, California; and Clarence Lusane, American Uni- vious question, the Chair may postpone further con- versity, Washington, D.C.

VerDate Aug 31 2005 05:13 Apr 30, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP8.REC D29APPT1 wwoods2 on PRODPC68 with DIGEST D518 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2008 NEW PUBLIC LAWS Committee on Education and Labor, to mark up H.R. 3021, 21st Century High-Performance Public School Fa- (For last listing of Public Laws, see DAILY DIGEST, p. D508) cilities Act, 10 a.m., 2175 Rayburn. S. 793, to provide for the expansion and improve- Committee on Financial Services, to continue markup of ment of traumatic brain injury programs. Signed on the following bills: H.R. 5830, FHA Housing Stabiliza- April 28, 2008. (Public Law 110–206) tion and Homeownership Retention Act of 2008; and f H.R, 5829, Public Housing Asset Management Improve- ment Act of 2008, 9:30 a.m., 2128 Rayburn. COMMITTEE MEETINGS FOR WEDNESDAY, Committee on Foreign Affairs, to mark up the following measures: the Security Assistance and Arms Export Con- APRIL 30, 2008 trol Reform Act of 2008; H.R. 3658, To amend the For- (Committee meetings are open unless otherwise indicated) eign Service Act of 1980 to permit rest and recuperation travel to United States territories for members of the For- Senate eign Service; H.R. 5834, North Korean Human Rights Committee on Appropriations: Subcommittee on Energy Reauthorization Act of 2008; H.R. 1011, Calling on the and Water Development, to hold hearings to examine United States Government and the international commu- proposed budget estimates for fiscal year 2009 for the nity to promptly develop, fund, and implement a com- Department of Energy and the U.S. nuclear weapon non- prehensive regional strategy to protect civilians, facilitate proliferation efforts, 9:30 a.m., SD–192. humanitarian operations, contain and reduce violence, and Subcommittee on Defense, to hold closed hearings to contribute to conditions for sustainable humanitarian op- examine the National Reconnaissance Office (NRO)/Space erations, contain and reduce violence, and contribute to Programs, 10:30 a.m., S–407, Capitol. conditions for sustainable peace and good governance in Subcommittee on Financial Services and General Gov- Chad, as well as in the wider region that includes the ernment, to hold hearings to examine proposed budget northern region of the Central African Republic and the Darfur region of Sudan; H. Res. 1063, Marking the estimates for fiscal year 2009 for the Consumer Product 225th anniversary of the Treaty of Paris of 1783, which Safety Commission, 3 p.m., SD–192. ended the Revolutionary War with the Kingdom of Great Subcommittee on Legislative Branch, to hold hearings Britain and recognized the independence of the United to examine proposed budget estimates for fiscal year 2009 States of America, and acknowledging the shared values for the Office of the Architect of the Capitol, the United and close friendship between the peoples and govern- States Capitol Police, and the Library of Congress, 3:30 ments of the United States and the United Kingdom of p.m., SD–138. Great Britain and Northern Ireland; H. Res. 1109, Hon- Committee on Armed Services: Subcommittee on Strategic oring the memory of Dith Pran by remembering his life’s Forces, closed business meeting to mark up those provi- work and continuing to acknowledge and remember the sions which fall under the subcommittee’s jurisdiction of victims of genocides that have taken place around the the proposed National Defense Authorization Act for fis- globe; H.R. Con. 317, Condemning the Burmese cal year 2009, 9:30 a.m., SR–232A. regimes’s undemocratic constitution and scheduled ref- Subcommittee on Airland, closed business meeting to erendum; H. Con. Res. 318, Supporting the goals and mark up those provisions which fall under the sub- ideals of the International Year of Sanitation; and a reso- committee’s jurisdiction of the proposed National Defense lution Honoring the Seeds of Peace for its 15th anniver- Authorization Act for fiscal year 2009, 10 a.m., SR–222. sary as an organization promoting understanding, rec- Full Committee, closed business meeting to mark up onciliation, acceptance, coexistence, and peace in the Mid- the proposed National Defense Authorization Act for fis- dle East, South Asia, and other regions of conflict, 1:30 cal year 2009, 2:30 p.m., SR–222. p.m., 2172 Rayburn. Committee on Energy and Natural Resources: to hold hear- Committee on Homeland Security, to mark up the fol- ings to examine the nominations of Kameran L. Onley, lowing bills: H.R. 1333, Civil Air Patrol Homeland Se- of Washington, to be an Assistant Secretary of the Inte- curity Support Act of 2007; H.R. 4183, National Urban rior, and Jeffrey F. Kupfer, of Maryland, to be Deputy Search and Rescue Response System Act of 2007; and Secretary of Energy, 3:30 p.m., SD–366. H.R. 5890, Citizen and Community Preparedness Act of Committee on the Judiciary: Subcommittee on the Con- 2008, 2 p.m., 311 Cannon. stitution, to hold hearings to examine secret law and the Committee on the Judiciary, to mark up the following threat to democratic and accountable government, 9 a.m., bills: H.R. 4279, Prioritizing Resources and Organization SD–226. for Intellectual Property Act of 2007; H.R. 5690, To ex- Special Committee on Aging: to hold hearings to examine empt the African National Congress from treatment as a making government a model for hiring and retaining el- terrorist organization for certain acts or events, provide derly workers, 3 p.m., SH–216. relief for certain members of the African National Con- gress regarding admissibility, and for other purposes; House H.R. 1650, Railroad Antitrust Enforcement Act of 2007; Committee on Appropriations, Subcommittee on Financial H.R. 5593, Congressional Review Act Improvement Act; Services and General Government, on the District of Co- and H.R. 4044, National Guard and Reservists Debt Re- lumbia, 2:30 p.m., 2359 Rayburn. lief Act of 2008, 10:15 a.m., 2141 Rayburn.

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Subcommittee on Immigration, Citizenship, Refugees, Code, to establish the position of Director of Physician Border Security, and International Law, hearing on Wast- Assistant Services within the office of the Under Secretary ed Visas, Growing Backlogs, 2:30 p.m., 2141 Rayburn. of Veterans Affairs for Health; H.R. 3819, Veterans Committee on Natural Resources, to mark up the fol- Emergency Care Fairness Act of 2007; H.R. 5729, Spina lowing bills: H.R. 3323, Goleta Water Distribution Sys- Bifida Health Care Program Expansion Act; H.R. 5554, tem Conveyance Act of 2007; H.R. 2649, To make Veterans Substance Use Disorders Prevention and Treat- amendments to the Reclamation Projects Authorization ment Act of 2008; H.R. 5856, Department of Veterans and Adjustment Act of 1992; H.R. 4841, Soboba Band Affairs Medical Facility Authorization and Lease Act; of Luiseno Indians Settlement Act; H.R. 5618, National H.R. 3681, Veterans Benefits Awareness Act of 2007; Sea Grant College Program Amendments Act of 2008; H.R. 3889, to amend title 38, United States Code, to re- H.R. 1464, Great Cats and Rare Canids Act of 2007; quire the Secretary of Veterans Affairs to conduct a longi- H.R. 1771, Crane Conservation Act of 2007; H.R. 5540, Chesapeake Bay Gateways and Watertrails Network Con- tudinal study of the vocational rehabilitation programs tinuing Authorization Act; H.R. 3667, Missisquoi and administered by the Secretary; H.R. 4883, To amend the Trout Rivers Wild and Scenic River Study Act of 2007; Servicemembers Civil Relief Act to provide for a limita- and H.R. 3930, Lesser Prairie Chicken National Habitat tion on the sale, foreclosure, or seizure of property owned Preservation Area Act of 2007; 1 p.m., 1324 Longworth. by a servicemember during the one-year period following Committee on Oversight and Government Reform, Sub- the servicemember’s period of military service; H.R. committee on National Security and Foreign Affairs, 4884, Helping Our Veterans to Keep Their Homes Act hearing on Oversight of Missile Defense (Part 3): Ques- of 2008; H.R. 4889, The Guard and Reserves Are Fight- tions for Missile Defense Agency, 10 a.m., 2154 Ray- ing Too Act of 2008; H.R. 5664, To amend title 39, burn. United States Code, to direct the Secretary of Veterans Committee on Science and Technology, hearing on E-Waste: Affairs to update at least once every six years the plans Can the Nation Handle Modern Refuse in the Digital and specifications for specially adapted housing furnished Age? 10 a.m., 2318 Rayburn. to veterans by the Secretary; H.R. 5684, Veterans Edu- Committee on Small Business, hearing entitled ‘‘The Effect cation Improvement Act of 2008; H.R. 5826, Veterans’ of the Credit Crunch on Small Business Access to Cap- Compensation Cost-of-Living Adjustment Act of 2008; ital,’’ 10 a.m., 1539 Longworth. and H.R. 5892, To amend title 38, United States Code, Committee on Transportation and Infrastructure, Sub- to direct the Secretary of Veterans Affairs to ensure the committee on Economic Development, Public Buildings, accurate and timely delivery of compensation to veterans and Emergency Management, hearing on Saving Lives and their families and survivors, and for other purposes, and Money through the Pre-disaster Mitigation Program, 10 a.m., 334 Cannon. 9 a.m., 2167 Rayburn. Permanent Select Committee on Intelligence, executive, hearing Subcommittee on Water Resources and Environment, on the DNI Budget Wrap-up, 1 p.m., H–405 Capitol. hearing on Proposals for a Water Resources Development Subcommittee on Terrorism, Human Intelligence, Act of 2008, 2 p.m., 2167 Rayburn. Committee on Veterans’ Affairs, to mark up the following Analysis and Counterintelligence, executive, briefing on measures: H.R. 2790, To amend title 38, United States Hot Spots, 10 a.m., H–405 Capitol.

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Next Meeting of the SENATE Aviation Maintenance Technician Day, honoring the invaluable 9:30 a.m., Wednesday, April 30 contributions of Charles Edward Taylor, regarded as the father of aviation maintenance, and recognizing the essential role of Senate Chamber aviation maintenance technicians in ensuring the safety and security of civil and military aircraft; (4) H. Res. 964—Pro- Program for Wednesday: Senate will continue consideration moting the safe operation of 15-passenger vans; (5) H.R. of H.R. 2881, FAA Reauthorization Act, and Senator Durbin 1777—Need-Based Educational Aid Act of 2007; (6) H. Con. will be recognized to offer an amendment. Res. 330—Supporting the goals and ideals of National Sexual (At 11 a.m., Senate will meet with the House of Representative in Assault Awareness and Prevention Month; (7) H. Res. 1096— the House Chamber to receive a message from His Excellency Bertie Commending the University of Kansas Jayhawks for winning Ahern, the Prime Minister of Ireland.) the 2008 National Collegiate Athletic Association Division I basketball championship; (8) H. Res. 1130—Recognizing the roles and contributions of America’s teachers to building and Next Meeting of the HOUSE OF REPRESENTATIVES enhancing our Nation’s civic, cultural, and economic well 10 a.m., Wednesday, April 30 being; (9) H. Res. 1100—Congratulating the University of Iowa Hawkeyes Wrestling Team on Winning the 2008 NCAA Division I National Wrestling Championships; (10) H. Res. House Chamber 1119—Supporting the goals and ideals highlighted through Program for Wednesday: Joint Meeting with the Senate to National Volunteer Week; and (11) H. Res. 1149—Expressing receive His Excellency Bertie Ahern, Prime Minister of Ireland. support for the designation of April 2008 as National Sarcoid- Consideration of the following suspensions: (1) H.R. 1195—To osis Awareness Month, and supporting efforts to devote new re- amend the Safe, Accountable, Flexible, Efficient Transportation sources to research the causes of the disease, environmental and Equity Act: A Legacy for Users to make technical corrections; otherwise, along with treatments and workforce strategies to (2) H. Con. Res. 308—Authorizing the use of the Capitol support individuals with sarcoidosis. Consideration of H.R. Grounds for the National Peace Officers’ Memorial Service; (3) 5522—Worker Protection Against Combustible Dust Explo- H. Res. 444—Supporting the goals and ideals of National sion and Fire Act of 2008 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE DeLauro, Rosa L., Conn., E749, E753 Miller, Jeff, Fla., E749, E754 Space, Zachary T., Ohio, E762, E764, Donnelly, Joe, Ind., E754 Moran, James P., Va., E764 E765, E767 Akin, W. Todd, Mo., E751 Ellsworth, Brad, Ind., E758, E762 Murphy, Patrick J., Pa., E753 Stark, Fortney Pete, Calif., E758, E761 Allen, Thomas H., Me., E761 Franks, Trent, Ariz., E759 Musgrave, Marilyn N., Colo., E766 Thompson, Mike, Calif., E754 Andrews, Robert E., N.J., E751 Green, Al, Tex., E756 Nadler, Jerrold, N.Y., E749, E753, E755, Towns, Edolphus, N.Y., E766 Arcuri, Michael A., N.Y., E750 Hastings, Alcee, Fla., E751 E757 Walsh, James T., N.Y., E750 Baca, Joe, Calif., E765 Higgins, Brian, N.Y., E765 Poe, Ted, Tex., E758, E762 Bachmann, Michele, Minn., E750 Hinojosa, Rube´n, Tex., E764 Porter, Jon C., Nev., E760 Walz, Timothy J., Minn., E756 Becerra, Xavier, Calif., E761 Kanjorski, Paul E., Pa., E756 Putnam, Adam H., Fla., E755 Wasserman Schultz, Debbie, Fla., E767 Boyda, Nancy E., Kans., E766 Kingston, Jack, Ga., E761 Radanovich, George, Calif., E757 Weller, Jerry, Ill., E757 Brown, Henry E., Jr., S.C., E752 Knollenberg, Joe, Mich., E763 Rehberg, Dennis R., Mont., E752 Westmoreland, Lynn A., Mac, Ga., E757 Castor, Kathy, Fla., E751 Kucinich, Dennis J., Ohio, E759, E763 Rothman, Steven R., N.J., E762 Wilson, Joe, S.C., E755 Christensen, Donna M., The Virgin McDermott, Jim, Wash., E764 Ryan, Paul, Wisc., E762 Wu, David, Ore., E750 Islands, E749, E754 McIntyre, Mike, N.C., E758, E760, E762, Sa´ nchez, Linda T., Calif., E755 Davis, David, Tenn., E752 E764, E765 Salazar, John T., Colo., E766

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