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

Vol. 154 WASHINGTON, WEDNESDAY, JUNE 4, 2008 No. 91 House of Representatives The House met at 10 a.m. and was THE JOURNAL Act of 2008, which will provide needed called to order by the Speaker pro tem- The SPEAKER pro tempore. The investments and security to renewable pore (Mrs. TAUSCHER). Chair has examined the Journal of the energy and energy efficiency indus- f last day’s proceedings and announces tries. to the House her approval thereof. With the passage of all these bills DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- and others, we are reducing our de- PRO TEMPORE nal stands approved. pendence on oil to bring down the record gas prices, secure our Nation’s The SPEAKER pro tempore laid be- f fore the House the following commu- energy supply, and create hundreds of nication from the Speaker: PLEDGE OF ALLEGIANCE thousands of green collar jobs. WASHINGTON, DC, The SPEAKER pro tempore. Will the I urge my colleagues to help our busi- June 4, 2008. gentlewoman from West Virginia (Mrs. nesses and consumers and struggling I hereby appoint the Honorable ELLEN O. CAPITO) come forward and lead the families to support all of these efforts. TAUSCHER to act as Speaker pro tempore on House in the Pledge of Allegiance. f this day. Mrs. CAPITO led the Pledge of Alle- NANCY PELOSI, DEMAND ACTION giance as follows: Speaker of the House of Representatives. (Mr. WILSON of South Carolina I pledge allegiance to the Flag of the f United States of America, and to the Repub- asked and was given permission to ad- dress the House for 1 minute and to re- PRAYER lic for which it stands, one nation under God, indivisible, with liberty and justice for all. vise and extend his remarks.) The Chaplain, the Reverend Daniel P. f Mr. WILSON of South Carolina. Coughlin, offered the following prayer: Madam Speaker, the American people You are all-powerful, Lord, and wor- ANNOUNCEMENT BY THE SPEAKER are fed up with rising energy prices. thy of highest praise. Your power is PRO TEMPORE They are fed up that the leadership great, and there is no limit to Your The SPEAKER pro tempore. The here in Washington does not seem to wisdom. Chair will entertain up to 15 requests have the will to step forward and make We, as Your people, as a Nation, are for 1-minute speeches on each side of tough decisions so that we can begin to truly a tiny part of Your vast creation. the aisle. ease the pain at the pump. Yet, we wish to praise You. f I am proud to be working with many It is You Who move and act in any of of my colleagues in the House of Rep- us and take delight in our offering You ENERGY AND GAS PRICES resentatives to try to bring real relief praise. For You are to be found within (Ms. SOLIS asked and was given per- to the American people. In particular, I us. mission to address the House for 1 am proud to be supporting legislation When we desire to create equal jus- minute and to revise and extend her re- such as the American Energy Independ- tice for all people, it is You Who plant marks.) ence and Price Reduction Act that the desire in us. Ms. SOLIS. Madam Speaker, today I would open up a small part of ANWR It is You Who plot out the ways we rise to urge my colleagues to join us in for energy production and exploration position ourselves for the future and bringing down the price of gasoline and today and use funds obtained through lead Your people to insight and con- securing our energy supply. the sale of land leases to invest in al- sensus. Last December we enacted legisla- ternative energy sources for tomorrow. When we long for peace in such a tion that began to redirect our Na- These plans would adhere to the deep way that we are willing to lay tion’s energy policy so it is clean, se- strictest environmental requirements down armaments and take our place at cure, and invests in our workforce. in our Nation’s history. This type of the table of negotiations, then we In May we passed the Gas Price Re- comprehensive approach is direct. It is know it is You Who make us instru- lief for Consumers Act of 2008, legisla- timely. It is vital to building a strong- ments of secure peace and begin the tion which gives the U.S. authorities er strategic energy portfolio. ending of hate and violence. the ability to prosecute those who en- The American people demand and de- Lord, You have made us. You made gage in anti-competitive behavior, like serve action. us for Yourself so our hearts are rest- the cartels such as OPEC. In conclusion, God bless our troops, less now and we will not rest until we Just last month we also passed the and we will never forget September the rest in You forever. Amen. Renewable Energy and Job Creation 11th.

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 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4880 CONGRESSIONAL RECORD — HOUSE June 4, 2008 HONORING THE LIFE OF JACK stability and actually leads to the cre- that we must have energy exploration MILDREN ation of new energy. Coal-to-liquid fuel here domestically. (Mr. BOREN asked and was given will create an investment in rural com- When it comes to energy, America permission to address the House for 1 munities, good-paying jobs for Ameri- needs to rely on its own ingenuity and minute.) cans, and cheaper energy for Ameri- innovation, not the Saudi royal family. Mr. BOREN. Madam Speaker, I rise cans. f today to honor the life of a remarkable f LEADERSHIP DEMANDS ACTION Oklahoman. SUPPORT H.R. 3021, 21ST CENTURY Jack Mildren passed away on Thurs- GREEN HIGH-PERFORMING PUB- (Mr. PRICE of asked and was day, May 22, following a 2-year battle LIC SCHOOL FACILITIES ACT given permission to address the House for 1 minute.) with cancer. (Ms. LORETTA SANCHEZ of Cali- Mr. PRICE of Georgia. Madam Jack was born in 1949 and later was a fornia asked and was given permission Speaker, Americans are demanding ac- Texas high school football star who to address the House for 1 minute and tion as they’re being battered by sky- chose to attend college in Oklahoma. to revise and extend her remarks.) Known as the ‘‘Godfather of the Ms. LORETTA SANCHEZ of Cali- high gas prices. Wishbone,’’ Jack led the University of fornia. Madam Speaker, I rise today in The relentless unwillingness to act Oklahoma football team in an appear- support of H.R. 3021, a bill that will by this majority has left my constitu- ance in the 1971 ‘‘Game of the Cen- help our local schools build the high- ents fuming and looking for action, not tury,’’ along with being the MVP of a quality classrooms that our students more of the same rhetoric and politics. Sugar Bowl win. He’s most widely rec- deserve. We sit at the precipice of four dollar ognized for laying the foundation for This responsible legislation, which gasoline. How much higher do these the success of the Sooner football pro- we will consider today, provides for costs have to go before the majority gram for years after his graduation. needed investments in public school fa- will act? Five dollars? Six dollars? Ten Jack left OU an Academic All-Amer- cilities, investments that will result in dollars? Is the Democrat majority so ican and went on to play professional improved student performance. out of touch with the American people? football for three seasons. Our Nation’s public school facilities On this side of the aisle, we have pro- Jack was not only a football star but are in disrepair. This is a disgrace, and duced an action plan to increase access also a civic leader and an outstanding it impedes our students’ ability to to new sources of energy, increase public servant. He was elected as Okla- learn. Local education agencies want American production, encourage alter- homa’s 22nd Lieutenant Governor. to make a difference, but they need our native fuels, and incentivize conserva- Most recently, he served as a banker as help. tion. We are ready to act. well as a beloved Oklahoma sports With our younger students, we know Madam Speaker, gas prices have in- radio host. that maintenance issues draw them creased 70 percent since you took con- Jack Mildren will not only be re- away from focusing on what they need trol of Congress, and it’s your duty to membered by his wife, Janis; and chil- to focus on in the classroom, when act. I call on you to allow the respon- dren, Leigh, Lauren, and Drew; but by they see chipping paint, water dripping sible Republican energy plan to come all Oklahomans for his contributions from ceilings, poor heating and cool- to this floor. to the history of our State. ing. We need to change that. And older Madam Speaker, idleness is not lead- We will miss you, Jack. students cannot be prepared for the ership. f 21st Century if they don’t have a 21st f Century classroom. CLEAN COAL-DERIVED FUELS FOR These examples are not just anec- ANNOUNCEMENT BY THE SPEAKER ENERGY SECURITY ACT dotal. There is firm evidence that sug- PRO TEMPORE (Mrs. CAPITO asked and was given gests that we must invest in our school The SPEAKER pro tempore. Mem- permission to address the House for 1 facilities in order to improve students’ bers are reminded to address their re- minute and to revise and extend her re- performance. By failing to do so, we marks to the Chair. are sending our youth a message that marks.) f Mrs. CAPITO. Madam Speaker, I rise we don’t care about them. today because gas prices at the pump So I hope that my colleagues will HELP OUR FAMILIES are just a symptom of our growing ad- vote with the best interests of our stu- (Mr. BARRETT of South Carolina diction to foreign oil and inaction by dents and vote on this legislation in asked and was given permission to ad- this House leadership. the affirmative today. dress the House for 1 minute.) For our wallets and for our national f Mr. BARRETT of South Carolina. security, we need to become more en- AMERICAN ENERGY Madam Speaker, I learned yesterday ergy independent. Congress should INDEPENDENCE from reports that the State of South start now to develop more of our do- (Mr. MCHENRY asked and was given Carolina has the lowest gas in the Na- mestic energy supply. And one of those permission to address the House for 1 tion. It was reported that the average more affordable and abundant supplies minute.) gas price in South Carolina is $3.79, and of energy we have now is coal. With Mr. MCHENRY. Madam Speaker, it’s most other States have an average of over 250 years of reserves, the United high time Congress acts on high gas about 20 cents higher or right at $4. States has the world’s largest coal re- prices. The American people are crying A lot of people would think that’s serves. out for help and assistance; yet this good news. In fact, some would give me Last night I introduced H.R. 6170, the Democrat Congress is doing nothing the opportunity to congratulate South Clean Coal-Derived Fuels for Energy when it comes to energy independence Carolina. But I’m not going to use this Security Act, to reduce our reliance on for Americans. platform to deliver good news because foreign oil. My bill is clear: It will es- Finding a comprehensive long-term it’s not good news. tablish and mandate 6 billion gallons of solution is what the American people It’s not good news to the South Caro- clean coal-to-liquid fuel by the year want so that we can be energy inde- lina citizens or citizens anywhere in 2022. Coal can be converted through pendent, or at least more energy inde- this country. What would be good news proven, existing modern technology pendent than we are today. is to see that the ‘‘commonsense’’ en- into clean, synthetic oil and be eco- Conserving is a sign of personal vir- ergy plan that was promised by the nomically viable, resulting in lower tue, but we cannot conserve our way to majority party is brought to the floor. prices at the gas pump. American energy independence. The I am tired of my families putting We need to be serious about becom- Democrat plan is only conservation their hard-earned paychecks into their ing more energy independent. West and it’s only tax increases. tanks every week, Madam Speaker. Virginians deserve a comprehensive On our side of the aisle, we are trying The American citizens need good news, long-term solution that provides real to reach out to the Democrats and say and we need to bring energy legislation

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4881 to the floor now to help our hard-work- Mr. POE. Madam Speaker, out on the for 1 minute and to revise and extend ing families. arid, dusty high plains of west Texas, his remarks.) f where the land was once the home of Mr. BOUSTANY. Madam Speaker, as thousands of oil derricks, the landscape COAL TO LIQUID AS AN oil prices continue to climb, increasing is now dotted with windmills—the new ALTERNATIVE ENERGY American energy production is critical turbine clean energy. Texas is the wind to meeting this challenge. Yesterday, (Mr. STEARNS asked and was given energy capital of North America, sup- the Department of Energy announced a permission to address the House for 1 plying power to over 1 million homes. $715,000 grant to my alma mater, the minute and to revise and extend his re- But now the environmental fear University of Louisiana at Lafayette, marks.) lobby wants to stop these turbines be- to develop more effective ways to drill Mr. STEARNS. Madam Speaker, ac- cause they may pose a threat to bats for oil. Students and professors will cording to the Energy Information and birds. They are the same radicals work together, along with industry, to Agency, the United States currently who have successfully prevented Amer- achieve higher energy yields from each imports 60 percent of its oil, and that ica from drilling for more crude oil at drilling hole. Better exploration and number is expected to rise to 75 percent home, like in west Texas. These are the drilling procedures and techniques are in the coming decades. As a country, same batty people who have demanded just two parts of a comprehensive en- we need to reduce our dependency on we go to wind energy in the first place. foreign fuel sources and start imple- Now they are worried about the bats ergy strategy that we need to have be- menting alternative energy sources and the birds that fly at night may be cause a magic bullet will not solve our that can be found here in the United running into the windmills. Of course, energy challenges. It will not lower the States. there is no evidence to support this bat price at the pump alone. We need a Imported fuels such as crude oil and mania claim. Anyway, we all learned in comprehensive strategy. natural gas are costing this country third grade bats have a radar-like abil- People of southwest Louisiana and millions of dollars a year, accounting ity to navigate at night in caves and around the country want to increase for about one-third of the U.S. trade open terrain. The National Academy of responsible energy production, they deficit. At $45 a barrel, liquid coal fuel Sciences stated: Birds have more to want to see increased refining capac- is a desirable alternative to the $120 or fear from high buildings, power lines, ity, they want to unleash American en- more barrel of oil. Not only does this and cats than they do from the blades trepreneurship and ingenuity to solve innovative fuel cost less, but also coal of windmills. our energy problems, and they don’t is one of the most abundant resources We cannot allow the rich elites of the want any further delays because gas at in our country. environmental fear lobby to destroy the pump, as you can see, is just short As Congress continues to explore the America’s energy production. Other- of $4 a gallon. use of alternative energy sources, we wise, we will all end up going back liv- We have to stop the delay and have a need to look closely at the enormous ing in the dark caves, with the bats. comprehensive energy solution. I chal- benefits of coal-to-liquid technology. And that’s just the way it is. lenge the Democratic leadership to f f work with us and stop the delay. Let’s PENCE DEMANDS ACTION ON HIGH WHY ISN’T AMERICA DOING MORE? get a solution to our energy problems. GAS PRICES (Mr. BRADY of Texas asked and was (Mr. PENCE asked and was given per- given permission to address the House f mission to address the House for 1 for 1 minute.) minute and to revise and extend his re- Mr. BRADY of Texas. Madam Speak- RESULTS OF NOT DEVELOPING marks.) er, back home in Texas I visited with AMERICAN ENERGY Mr. PENCE. The national average families whose cost is so high that one cost of gasoline at the pump today is woman in Bridge City told me she (Mr. AKIN asked and was given per- $3.98 a gallon. When I was home over doesn’t even go to Wednesday night mission to address the House for 1 the Memorial Day break, one Hoosier church. She can’t afford to drive to it. minute and to revise and extend his re- after another stopped and asked me the Just on Sunday. I talked to small busi- marks.) same question. They said, MIKE, what nesses that now work, painters and Mr. AKIN. As America is becoming is it going to take? What is it going to plumbers and others, who now basi- painfully aware, there has been a result take for Congress to take action to cally work for free because gas prices of us not developing American energy. give the American people more access have eaten up all their profits. I visited We have reports of police cars sitting to American oil? this last week with our law enforce- idle because of the cost of gasoline; The reality is today that the Demo- ment agencies, who are no longer able various assembly lines and automobile crat majority thinks that we can tax to be proactive in the community. manufacturers closed down because of our way to lower gasoline prices. A few They are just responding to calls be- the fact that there’s no demand for the weeks ago, they actually passed legis- cause they burned through much of type of vehicles that are being pro- lation suggesting we could actually sue their fuel budget for the year already. duced. We have a situation where par- our way to lower gasoline prices. But In each case, every one of them asked ents have a hard time just putting the American people know the only me, Why isn’t America doing more? enough gasoline in the tank to get the way to lessen our dependence on for- Why isn’t America taking more respon- kids to school. And we have the AAA eign oil is to lessen our dependence on sibility for our own energy needs? We saying that the increase in motorists foreign oil. import two-thirds of all we use. We are without gas has increased 15 percent. We must take action now to allow capable of doing more. In each case, Since Speaker PELOSI took office, additional drilling in environmentally they said, Look, take a message back gasoline prices have skyrocketed 71 responsible ways on American soil off to Congress. No more gimmicks. No percent. Now, I am an engineer. The American shores so the American peo- more gimmicks. We need more Amer- good news is there’s a solution to this. ple can increase global supply, reduce ican-made energy here in the United It’s called American energy. We need the price of oil, and bring real relief to States to get our fuel prices down, to to stop looking at the American energy families and businesses and farmers at be less dependent on Middle East fuel, as something that is an environmental the pump. to have some say over the prices that hazard and rather look at it as an asset our families and small businesses pay. f that we can develop. f ENVIRONMENTALISTS HAVE GONE The Democrats, year after year after BATTY COMPREHENSIVE ENERGY year, 85 percent of the time, are voting (Mr. POE asked and was given per- STRATEGY against increasing supplies of Amer- mission to address the House for 1 (Mr. BOUSTANY asked and was ican energy. We have to develop our minute.) given permission to address the House own energy.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4882 CONGRESSIONAL RECORD — HOUSE June 4, 2008 AMERICAN-MADE OIL AND GAS: A America build a stronger energy inde- somehow the government will innovate HISTORY OF SUPPORT AND OP- pendence. us out of this effort. POSITION f We need American production to help protect manufacturing jobs and help (Mr. CONAWAY asked and was given DRILL NOW IN ANWR permission to address the House for 1 provide prosperity for the American (Mr. KINGSTON asked and was given minute and to revise and extend his re- people. permission to address the House for 1 marks.) f minute and to revise and extend his re- Mr. CONAWAY. As you see, the marks.) ANNOUNCEMENT BY THE SPEAKER theme this morning is to talk about Mr. KINGSTON. I just returned from PRO TEMPORE gasoline prices, and as we look at the the Middle East. I went with a bipar- various solutions that are available to The SPEAKER pro tempore. Pursu- tisan group to Saudi Arabia, to the our country, it’s interesting to note ant to clause 8 of rule XX, the Chair United Arab Emirates and to how votes happen in this House. It’s will postpone further proceedings Kazakhstan and talked to the folks rare that a particular position is sup- today on motions to suspend the rules who have oil about what we can do ported or opposed 100 percent by either on which a recorded vote or the yeas internationally to bring the price party. But let me walk you through a and nays are ordered, or on which the down, bring the supply up, do whatever couple of solutions that have been vote is objected to under clause 6 of it takes to give middle class Americans voted on in this House over the last 14 rule XX. some relief at the gas pump. It was in- years. Record votes on postponed questions teresting the response that I got. will be taken later. Drilling in ANWR; 91 percent of Re- Number one, I can tell you without publicans supported it, 86 percent of question the Middle East is happy with f Democrats opposed it. Coal-to-liquids; the current gas prices. We all know AUTHORIZING THE USE OF THE 97 percent of Republicans supported it, that they are enjoying the wealth CAPITOL GROUNDS FOR THE 78 percent of Democrats opposed it. Oil which we are transferring over there. GREATER WASHINGTON SOAP shale exploration; 90 percent Repub- But the thing that they said to us, How BOX DERBY lican support, 86 percent Democrat op- dare you come to Saudi Arabia, how Ms. EDDIE BERNICE JOHNSON of position. Drilling on the Outer Conti- dare you come to the United Arab nental Shelf, 81 percent of Republicans Texas. Madam Speaker, I move to sus- Emirates, how dare you come to pend the rules and agree to the concur- support it, 83 percent of Democrats op- Kazakhstan and ask us to reduce our pose it. Increased refinery capacity; rent resolution (H. Con. Res. 311) au- prices when you won’t even drill for oil thorizing the use of the Capitol Republicans support that by 97 percent, yourself. You won’t even build refin- Democrats oppose it by 96 percent. Grounds for the Greater Washington eries. Yet you want us to do something. Soap Box Derby. Madam Speaker, I ask my colleagues You can do it for yourself. on the other side of the aisle to begin The Clerk read the title of the con- Think about this, ladies and gentle- current resolution. to look rationally at the solutions that men. ANWR, the Arctic National Wild- will help address America’s need for The text of the concurrent resolution life Reserve, is the size of South Caro- is as follows: energy, gasoline and electricity as we lina. The proposed drilling area is 2,000 H. CON. RES. 311 move forward. acres. That is smaller than the average f airport. Yet, for some reason, we are Resolved by the House of Representatives (the Senate concurring), afraid to drill there. That is absurd. We A POLICY OF ‘‘NO’’ IS NOT need to drill now. SECTION 1. AUTHORIZATION OF SOAP BOX WORKING DERBY RACES ON CAPITOL f GROUNDS. (Mr. NEUGEBAUER asked and was The Greater Washington Soap Box Derby given permission to address the House WE NEED AMERICAN ENERGY Association (in this resolution referred to as for 1 minute and to revise and extend PRODUCTION the ‘‘Association’’) shall be permitted to his remarks.) (Mr. MCCOTTER asked and was given sponsor a public event, soap box derby races, Mr. NEUGEBAUER. Madam Speaker, permission to address the House for 1 on the Capitol Grounds on June 21, 2008, or it’s not working. The policy of ‘‘no’’ to minute.) on such other date as the Speaker of the House of Representatives and the Committee producing America’s resources is not Mr. MCCOTTER. Over the recess, I on Rules and Administration of the Senate working for the American people. had the opportunity to meet with a may jointly designate. Today, America will write a check for manufacturing community in my dis- SEC. 2. CONDITIONS. $1 billion to buy enough energy to run trict; talk to managers, talk to owners, The event to be carried out under this res- our economy for one day. Let me re- talk to employees. The one thing they olution shall be free of admission charge to peat that. Today, America will write a all agree on is the cost of American en- the public and arranged not to interfere with check for $1 billion to run our economy ergy is adding to their fixed costs at the needs of Congress, under conditions to be for one day. That means for the year, it the very time international pressure is prescribed by the Architect of the Capitol takes $365 billion to export to other forcing them to reduce the cost of their and the Capitol Police Board; except that the countries that have said ‘‘yes’’ to de- product. In short, they’re facing the Association shall assume full responsibility veloping their resources. nightmare scenario of energy prices for all expenses and liabilities incident to all activities associated with the event. Think about what we could do with forcing them to lay off workers in the SEC. 3. STRUCTURES AND EQUIPMENT. $1 billion if we invested that in devel- manufacturing sector or to, unfortu- For the purposes of this resolution, the As- oping American resources; the jobs nately, terminate their employment sociation is authorized to erect upon the that it would create, the fact it would altogether. Capitol Grounds, subject to the approval of make America more independent and What we need in the United States is the Architect of the Capitol, such stage, less dependent on those other coun- American energy production, conserva- sound amplification devices, and other re- tries. tion, and free market innovation if we lated structures and equipment as may be re- The policy of ‘‘no’’ is not working. are to protect these jobs and help these quired for the event to be carried out under We need to say ‘‘yes’’ to producing workers. It is very cold comfort for the this resolution. more of America’s resources; ‘‘yes’’ to people of Michigan and the manufac- SEC. 4. ADDITIONAL ARRANGEMENTS. drilling in areas where we have found turing workers of the United States to The Architect of the Capitol and the Cap- abundant resources; ‘‘yes’’ to using a hear that some day a green collar job itol Police Board are authorized to make any such additional arrangements that may be 250-year supply of coal; ‘‘yes’’ to build- will come and take away your blue col- required to carry out the event under this ing new nuclear power plants; ‘‘yes’’ to lar job. When you’re putting them out resolution. developing America’s resources, rein- of work today, the prospects for tomor- SEC. 5. ENFORCEMENT OF RESTRICTIONS. vesting in America. row look much more bleak than they The Capitol Police Board shall provide for Madam Speaker, I ask you to bring do to some academic or to some politi- enforcement of the restrictions contained in legislation to the floor that will help cian who is engaging in rhetoric that section 5104(c) of title 40, United States Code,

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4883 concerning sales, advertisements, displays, homemade cars, hopefully without in- Ms. EDDIE BERNICE JOHNSON of and solicitations on the Capitol Grounds, as jury. Winners in each of the three divi- Texas. Madam Speaker, I yield such well as other restrictions applicable to the sions go on to compete in the National time as he may consume to the major- Capitol Grounds, with respect to the event to Soap Box Derby in Akron, . Last ity leader, the gentleman from Mary- be carried out under this resolution. year, the Soap Box Derby marked a land (Mr. HOYER). The SPEAKER pro tempore. Pursu- historic event when racer Kacie Rader Mr. HOYER. Madam Speaker, today I ant to the rule, the gentlewoman from won both the District’s race and the rise as a proud sponsor of House Con- Texas (Ms. EDDIE BERNICE JOHNSON) national title in her division. current Resolution 311, legislation and the gentleman from New York (Mr. I support this resolution, and I en- which will allow the Greater Wash- KUHL) each will control 20 minutes. courage my colleagues to do the same. ington Soap Box Derby Association to The Chair recognizes the gentle- The authorization of the use of the hold the 67th Annual Greater Wash- woman from Texas. Capitol Grounds is part of the manage- ington Soap Box Derby on the grounds GENERAL LEAVE rial work that we do here in Congress. of the on June Ms. EDDIE BERNICE JOHNSON of But the issues the American people 22nd. Texas. Madam Speaker, I ask unani- want addressed are being ignored. Soap Box Derby racing in our Na- mous consent that all Members have 5 While Americans struggle, particularly tion’s Capital has a long and rich tradi- legislative days to revise and extend in my district, to put fuel in their cars, tion. In 1938, Norman Rocca beat out their remarks and include extraneous we authorize the use of the Capitol 223 other racers to win the Inaugural material on H. Con. Res. 311. Grounds. Gas prices are soaring above Greater Washington Soap Box Derby, The SPEAKER pro tempore. Is there $4 in many parts of the country and which was held on New Hampshire Ave- objection to the request of the gentle- this Congress must act. We must work nue. Over the years, thousands of the woman from Texas? to find a way to ease the burden of in- region’s young people have partici- There was no objection. creasing fuel costs. pated in this great race. Ms. EDDIE BERNICE JOHNSON of Madam Speaker, I reserve the bal- Although the location has moved Texas. Madam Speaker, I yield myself ance of my time. from the original site on New Hamp- such time as I may consume. Ms. EDDIE BERNICE JOHNSON of shire Avenue to Capitol Hill, with stops Madam Speaker, House Concurrent Texas. Madam Speaker, I reserve the on Massachusetts Avenue, Pennsyl- Resolution 311 authorizes the use of the balance of my time. vania Avenue and Eastern Avenue Capitol Grounds for the annual Soap Mr. KUHL of New York. Madam along the way, the essence of the race Box Derby. As all Members are aware, Speaker, I yield such time as he may has remained the same; homemade, this is an annual event held here on consume to the gentleman from Texas gravity-powered cars, the spirit of com- Capitol Hill. Activities planned for this (Mr. CARTER). petition, and the pure joy of racing. event will be coordinated with the Of- Mr. CARTER. I am just real pleased, Community groups, police depart- fice of the Architect of the Capitol and, Madam Speaker, to be able to stand up ments, fire departments and other like all events on Capitol Hill grounds, and speak in favor of this, because this sponsors sponsor children each year, will be free and open to the public. is a great example of conserving fuel children who may not otherwise be The 2008 Greater Washington Soap for America. These cars don’t run on able to participate. Box Derby will take place on Constitu- gasoline or diesel. These kids are just The Soap Box Derby is not simply a tion Avenue between Delaware Avenue going to let gravity take its course. I race, Madam Speaker; it is an enrich- and Third Streets, Northwest, on June guess this trucker from Houston that I ing way to reach out to our youth and 22. met with this last week who told me teach them the importance of commu- b 1030 that he took a load from Houston to nity, responsibility, hard work and in- The Greater Washington Soap Box San Diego and got paid $1,800 and his novation. Derby has been held on the U.S. Cap- fuel costs were $1,700, he probably wish- The Soap Box Derby consists of doz- itol Grounds since 1991 and has at- es it was all downhill from Houston to ens of drivers, both boys and girls, tracted over 60 youth participants in San Diego so he wouldn’t have to pay ranging in age from 8 to 17. These rac- each of those years. the kind of fuel costs that are being ers are divided into three divisions; In 2007, for the first time in the 66 imposed upon the American public. stock, super stock and masters. The year history of the D.C. Soap Box The American public is asking this local winners of each division will Derby, a local participant won the House to address this issue. I don’t automatically qualify to compete with Masters title in the national competi- think anybody who went home and racers from around the world in the tion in Akron, Ohio. The All-American talked to their constituents this last 71st All-American Soap Box Derby in Derby Youth Program is administered week could not have found out that Akron, Ohio, on July 26th. by the International Soap Box Derby, people are frightened at the cost of Madam Speaker, this event has been Incorporated, an Akron-based non- fuel. Single parents are concerned that called ‘‘the greatest amateur racing profit corporation. This is a family-ori- they can’t get their children to school. event in the world.’’ It is an excellent ented event and is supported by hun- They are concerned they are not able opportunity for contestants from the dreds of parents and volunteers. to get to do shopping. They are having District of Columbia, Maryland and I urge support for the resolution. to choose between food or fuel in fami- Virginia to learn basic building skills I reserve the balance of my time. lies across our country. It is time to while gaining a real sense of accom- Mr. KUHL of New York. Madam use American energy intelligently. plishment. Speaker, I yield myself such time as I As we look at this great race, which Further, I hope that this year’s win- may consume. I support, I am excited for these young ner from the Greater Washington area House Concurrent Resolution 311, people and I think it is really Ameri- will have the same success as one of sponsored by the majority leader, Rep- cana at its best. But using America’s last year’s participants, Ms. Kacie resentative HOYER, authorizes the use resources wisely is also Americana at Rader. Kacie’s win in Washington was of the Capitol Grounds for the 67th An- its best, and our citizens expect us to only the beginning. Not only is Kacie a nual Washington Soap Box Derby on find and use the fuel that is available constituent and a neighbor, she also is June 22, just a couple of weeks away, for them to bring these prices down. the 2007 All-American Soap Box Derby this year. For many years, Majority I encourage my colleagues on the Masters Division champion. Leader HOYER and Congress have sup- other side of the aisle to join us on this I strongly encourage my colleagues ported this fun event, which allows side of the aisle in trying to find new to join with me and the other original children to show off their hard work sources of fuel from all over this Na- cosponsors, Representatives FRANK and their creativity as they compete tion, from Alaska to the Gulf of Mexico WOLF, JIM MORAN, ELEANOR HOLMES for trophies and the opportunity to to offshore. It is important to America. NORTON and CHRIS VAN HOLLEN, in sup- race others in competition. It is important to our families. porting this resolution. Boys and girls between the ages of 8 I thank you for allowing me to ex- Mr. KUHL of New York. Madam and 17 will race down Capitol Hill in press my opinion. Speaker, I yield such time as he may

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4884 CONGRESSIONAL RECORD — HOUSE June 4, 2008 consume to the gentleman from Ohio it didn’t open up ANWR, it didn’t open at some point or another over truck. (Mr. CHABOT). up the Outer Continental Shelf. It did That means those prices are going to Mr. CHABOT. I thank the gentleman nothing about making it possible for us continue to go up again. So I challenge from New York for yielding. to build oil refineries in this county. this majority to change their policies, I think it is wonderful that we are We haven’t built an oil refinery since to take a good look at what they have talking about the Soap Box Derby. It is 1976, over 30 years, making it virtually been doing and the direction that we a good thing that it doesn’t require any impossible to build an oil refinery. are heading and reverse that and allow energy or any gasoline, because the gas Therefore, even if we had enough crude us to become less dependent on foreign prices in this country are higher than I in this country, we couldn’t refine it sources of energy. Let’s bring these gas think anybody would have expected in quickly enough to be able to put it in prices down before it cripples this our lifetimes. It is about $4 a gallon our cars. country and cripples our economy. now, and people are asking me in my They have also been instrumental in Ms. EDDIE BERNICE JOHNSON of district, what are we going to do about pushing for these boutique fuels, where Texas. Madam Speaker, how much this? What can we do about it? different States have different blends time do we have left? Well, we should have done something so the supply is very difficult to get The SPEAKER pro tempore. The gen- about this a long time ago. The prin- around. That has driven the price up. tlewoman from Texas has 151⁄2 minutes. cipal reason we are seeing these high Also the liberals here in the House of The gentleman from New York has 10 gas prices is because we are far too de- Representatives over the years, and in minutes. pendent on foreign sources of energy. this country, for that matter, their Ms. EDDIE BERNICE JOHNSON of Why is that? Well, I know that as this policy has been no new nuclear power Texas. I reserve the balance of my one Member from Ohio can tell you, I plants. Now, France has 80 percent of time. voted 11 times in the last 14 years to their electricity produced by nuclear Mr. KUHL of New York. Madam open ANWR in Alaska for exploration power plants. About 20 years ago, the Speaker, at this time I yield 4 minutes and drilling. We think we have some- liberals in this country were able to ef- to the gentleman from California, Rep- where between 10 and 16 billion barrels fectively shut down new nuclear power resentative DOOLITTLE. of oil there. Unfortunately, we have plants being built in this country. We Mr. DOOLITTLE. Madam Speaker, I handcuffed ourselves and put that off have over 100 of them right now, but have watched over the years on energy limits. that means we haven’t built any newer what has been happening in this coun- We also have the Outer Continental ones. China and India and other coun- try. Now we are in a big mess, with Shelf, where we have upwards of 86 bil- tries around the world are building gasoline prices over $4 a gallon. This lion barrels of oil and huge amounts of them and relying more and more upon didn’t just happen by accident; the natural gas. If we had access to that nuclear, but not the United States. Democrats have been working to make natural gas, we wouldn’t see the high Many of us said what we are seeing this happen for the 18 years that I have heating prices for heating one’s home now was where we were heading if we been a Member of this House. Very in- in the wintertime. didn’t change these policies. Unfortu- teresting. But this is essentially the policy that nately, this new majority here in the You know, ANWR exploration, House this new majority here in Congress has House of Representatives has gone just Republicans, 91 percent of us supported put into effect. In reality, over the last in the opposite direction from where drilling in ANWR. Actually, both decade, decade-and-a-half, even though they need to go. They have restricted houses of Congress in 1995, I believe it they were in the minority in the time, us. They continue to restrict us from was, passed legislation directing drill- they were able to block it over in the getting access to new energy which we ing in ANWR, and President Bill Clin- other body, in the Senate. So we had have under our control in this country. ton vetoed the bill. The Democrats op- the votes here in the House to do it, They keep saying, let’s just buy it from posed this bill. If we had passed that but they didn’t have the votes over someplace else. Let’s buy it from the legislation, if President Clinton had there. OPEC countries. They will be nice to signed it into law, we wouldn’t be pay- When you put huge amounts of en- us. Well, they are not being nice to us. ing $4 a gallon. And while 91 percent of ergy like that off limits, it means we It is in their economic interests to con- House Republicans supported drilling have to get that oil somewhere, so that tinue to have this price continue to go in ANWR, 86 percent of House Demo- means, unfortunately, we have to im- up. crats and President Clinton opposed it. port it from OPEC nations, for exam- It is an absolute shame. It is a dis- Converting coal to liquid, 97 percent ple, who literally just keep the spigot grace. It is unconscionable that this of House Republicans voted to do that. turned down so that there isn’t enough Congress consistently votes to make it Do you know that is consid- supply out there. Then when you have harder and harder to be energy self-suf- ered the Saudi Arabia of coal in the economies in India and China expand- ficient. That is where we need to go, world? It is one of our greatest natural ing and growing, it is a supply and de- not being more and more dependent resources. 97 percent of Republicans mand issue. So the price goes up and upon foreign sources of energy. If we voted for that policy to allow the con- continues to go up, because we are far don’t change it, the prices that we see version so that it could be used; 78 per- too dependent on buying that oil from right now, which are extremely high cent of House Democrats opposed it. It somewhere else. About two-thirds of and are hurting an awful lot of people, never became law. our oil we buy elsewhere. will continue to go up. Oil shale. We have got lots of oil I know when the new Speaker of the Diesel is another problem. If you talk locked up in shale in the Inter- House, Ms. PELOSI, took over here, a to any truckers right now, the price mountain West; 90 percent of House Re- few months before the election she now is driving a lot of these people out publicans supported oil shale explo- made the statement that the gas prices of business. I was visiting with a fellow ration, 86 percent of House Democrats were outrageous. They made a big cam- who is a farmer in my district last Fri- opposed it. paign issue about that. At that time day who also has a side business. He Is there a pattern that you are begin- they were $2.30 a gallon. She said that had a truck. He pointed out it was be- ning to see here, Madam Speaker? The was outrageous, and they had a plan to hind one of his barns. He said, ‘‘I just fact of the matter is, Republicans have do something about that. Well, the park it now.’’ It costs $1,500 to fill up supported every feasible possibility for plan that we have seen from this new his tanks in that truck now. He just new forms of energy and it seems like majority here in the House of Rep- can’t afford to do it. the Democrats, most of them, have op- resentatives has resulted in it going posed it. from $2.30 a gallon to about $4.00 a gal- b 1045 I am a Californian. We ought to be lon in less than 2 years. And that is affecting every Amer- drilling right now off the coast of Cali- So the problem is this new majority ican, because everything that we buy, fornia and Florida and every other that talks about an energy policy, and whether it is furniture, whether it is place in this country where there are they actually passed an energy bill re- food goods, almost anything that we large oil reserves, and there are very cently, it was a no-energy bill, because purchase in this country is transported large oil reserves in those two cases.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4885 Eighty-one percent of House Repub- ing, it passed on May 22 on a vote of ing 1 billion more barrels of oil every licans voted to do that; 83 percent of 345–72, and it is under veto threat. year, 1 billion barrels more under the House Democrats opposed taking that Now, Madam Speaker, you are going Bush administration. This is not a rec- action. to hear that the Democrats aren’t ipe for energy independence in our Increasing refinery capacity. We have doing anything, but let me give you country. heard that we haven’t built a new re- the exact votes on all of these bills. This week it was embarrassing to see finery in this country for some 35 The Republican leader, JOHN Secretary Paulson over in Abu Dhabi years. Ninety-seven percent of House BOEHNER, voted ‘‘no’’ on OPEC price asking them to, gee, you know, still be- Republicans voted to expand the fixing, oil fixing. He voted ‘‘no’’ on lieve in the dollar, and all of the inves- amounts of refineries; 96 percent of price gouging. He voted ‘‘no’’ on renew- tors over there made rich by these oil House Democrats opposed it. able energy. He voted ‘‘no’’ on energy petro dollars, largely U.S. dollars, Madam Speaker, we didn’t get here security. watching our Secretary give that set of by accident. Democrats have been talk- ROY BLUNT voted ‘‘no’’ on OPEC price remarks. Similarly, President Bush a ing about energy and opposing effective fixing, ‘‘no’’ on price gouging, and ‘‘no’’ couple of weeks ago went to Saudi Ara- new ways of developing energy. Repub- on renewable energy. bia and sort of drilled around in the licans’ talk has been consistent with ADAM PUTNAM voted ‘‘no’’ on price Middle East to see if he could find any our actions. gouging and renewable energy. additional sources of supply, begging Now, not all Republicans voted the THADDEUS MCCOTTER voted ‘‘no’’ on the oil barons. way I would have liked and not all renewable energy and ‘‘no’’ on energy You know, it wouldn’t take that Democrats voted against our position. security. much for him to direct his limousine But the fact of the matter is, you see And it goes on and on and on. right up here to Congress, not the Mid- these statistics, they have been in the So to set the record straight, we are dle East. We have got some rooms over 90th percentile, the high 80s; in one putting out sound bills to address the here on this side; we could sit around case it was 78 Democrats opposed, 78 oil, shall I say, surge in price, because and talk about what can we agree on in percent for the coal to liquid. But ev- in my city of Los Angeles I was as- terms of energy independence, what erything else I have cited, they have tounded when I got home to see that can we agree on here in order to do to- been 83 percent or higher opposed to Diesel 2 sells in Los Angeles on the av- gether what we cannot do alone. Make these policies. erage for $4.99.9. I am sure when I get America energy independent. It is no accident gas is $4 a gallon. back to Los Angeles in a week it will As the gentlelady from California The policies we vote on do make a dif- be $5. The average price of gas in Los said, the President even vetoed the ference. Listen and look at the record. Angeles, in my district, and really farm bill where we put in a major new The Republicans for years have been throughout California, is $4.12 a gallon. title dealing with biofuels. Rural trying to get more energy for this Madam Speaker, we are proposing America wants to help lift this country country. The Democrats have opposed good and sound legislation to address to energy independence. it. We are reaping a bitter harvest of $4 the needs for energy and renewable en- We are trying to get additions to the a gallon plus. ergy sources in the United States of Strategic Petroleum Reserve sus- Ms. EDDIE BERNICE JOHNSON of America so our constituencies can get pended for the moment in order to give Texas. Madam Speaker, I yield 5 min- back and forth to work and enjoy a some price relief to the American peo- utes to the Congresswoman from Cali- better life, and so we need the help of ple. Gee, it would be great if President fornia (Ms. WATSON). the other party because this should not Bush would kind of help us out on that. Ms. WATSON. Madam Speaker, be an issue that is partisan. It is an He hasn’t supported any of our re- please let me set the record straight on issue for America. newable energy bills down here on the congressional action on gas prices. Mr. KUHL of New York. Madam floor. In fact, if you look at the energy We now have a law, it is the farm Speaker, in closing, I would ask my bill that he produced up there, that big bill, the historic investment in afford- colleagues to support this bill. It is a report in his first term, he doesn’t even able biofuels, and beefed-up oversight very meritorious bill. And while the deal with renewables. When you have on market manipulation. The Presi- legislative action of this Congress idles got an oil perspective at the head of dent’s veto was overridden on May 21 of relative to energy legislation, cer- the machine, the car doesn’t go in the this year. We also have the Renewable tainly the kids of America should be right direction. Energy and Job Act. It was passed on able to carry on tradition. I support And so it seems to me, look at the May 21 and there is a threat of a veto, and applaud Leader HOYER for bringing record. Look at what he has done and but it was passed. Then, the Gas Price this resolution to the floor. not done on these—The Renewable En- Relief for Consumers Act, holding I yield back the balance of my time. ergy and Job Creation Act, no support OPEC and oil companies accountable Ms. EDDIE BERNICE JOHNSON of there. Trying to get OPEC and the big for price fixing, and it passed on May Texas. Madam Speaker, I do have one oil companies to have some account- 20, it is also under a veto threat. additional request for time. I yield 3 ability, he doesn’t support us on that. Now we have a law, Strategic Petro- minutes to Congresswoman KAPTUR Rather than the President taking trips leum Reserve Fill Suspension and Con- from Ohio. over to the Middle East, he ought to sumer Protection Act. It was passed on Ms. KAPTUR. I thank the gentlelady just come right up Pennsylvania Ave- May 13 and it had a pretty hefty vote for yielding to me, and will place quite nue here to the Congress. Meet with to take it out of this House, it is now a bit of information in the RECORD on the chairs of our committees who real- law. Let’s set the record straight. what Democrats are trying to do here ly do care about this, Mr. DINGELL, Mr. We also repealed subsidies to profit- in order to put America on an energy MARKEY, Speaker PELOSI. We have got rich big oil companies, and invest in re- independent path. But it is pretty dif- a lot of people here willing to talk. But newable energy. It also is under veto ficult when you have a Bush adminis- the President is sending the Secretary threat. It passed here at the beginning tration that vetoes everything that we of the Treasury over to Abu Dhabi and of the year, February 27. We also have try to do, or threatens it, and you have he himself over to Saudi Arabia. What a law, Energy Independence Law with the kind of speeches that are occurring does that tell the American people? A Market Manipulation Ban & New Vehi- down here today. billion more barrels a year imported cle Mileage Standards. It is now law. It We have got an oil man as the Presi- every year since he became President. passed the House last year on Decem- dent of this country. His right-hand We don’t have a partner to deal with ber 18, 2007. fellow over there from Wyoming, Mr. over there at the other end of Pennsyl- We have another bill that is under a CHENEY, ran Halliburton, an oil serv- vania Avenue. And that is why the veto threat, a crackdown on gas price icing company. So you pretty well American people are changing the peo- gouging. It passed the House on an- know what you have got sitting over ple being elected here. They know other pretty hefty vote that was bipar- there in the White House. America needs change. They want real tisan; it passed on May 23. And, Hold Since they became President and leadership. They know they are not OPEC Accountable for Oil Price Fix- Vice President, this country is import- getting it.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4886 CONGRESSIONAL RECORD — HOUSE June 4, 2008 So I say to my colleagues on the more than 20,000 biodiesel jobs, and protect EDDIE BERNICE JOHNSON) that the other side of the aisle, it is time to an additional 75,000 wind industry jobs. House suspend the rules and agree to deal. Get the President. Let’s talk President Bush has threatened to veto this the concurrent resolution, H. Con. Res. about something serious for the sake of bill. 311. Energy Price Gouging Prevention Act— the Republic. This bill will provide immediate relief to The question was taken; and (two- Here’s a list: consumers by giving the Federal Trade Com- thirds being in the affirmative) the DEMOCRATIC-LED CONGRESS TAKING ACTION mission (FTC) the authority to investigate rules were suspended and the concur- TO BRING DOWN THE COST OF GAS and punish those who artificially inflate the rent resolution was agreed to. PASSED THIS MONTH price of energy. It will ensure the federal A motion to reconsider was laid on Strategic Petroleum Reserve Fill Suspen- government has the tools it needs to ade- the table. quately respond to energy emergencies and sion and Consumer Protection Act—Congress f has enacted legislation to suspend the fill of prohibit price gouging—with a priority on the Strategic Petroleum Reserve through refineries and big oil companies. President AUTHORIZING THE USE OF THE the end of the year, as long as the price of Bush has threatened to veto this bill. CAPITOL GROUNDS FOR A CELE- crude oil remains above $75 per barrel. This No Oil Producing and Exporting Cartels BRATION OF THE 100TH ANNI- is a critical first step for hardworking fami- (NOPEC) Act—Legislation to enable the De- VERSARY OF ALPHA KAPPA lies, businesses and the economy, which in partment of Justice to take legal action ALPHA SORORITY the past has brought gas prices down. The against foreign nations for participating in President, who was previously opposed, sus- oil cartels that drive up oil prices globally Ms. EDDIE BERNICE JOHNSON of pended shipments and signed the bill because and in the United States. President Bush has Texas. Madam Speaker, I move to sus- of overwhelming bipartisan support in Con- threatened to veto this bill. pend the rules and agree to the concur- gress. Energy Market Manipulation Prevention— rent resolution (H. Con. Res. 335) au- Renewable Energy and Job Creation Act— The new Farm Bill increases Commodity Fu- thorizing the use of the Capitol This legislation will extend and expand tax tures Trading Commission oversight author- Grounds for a celebration of the 100th ity to detect and prevent manipulation of en- incentives for renewable energy, retain and anniversary of So- create hundreds of thousands of green jobs, ergy prices. President Bush has vetoed this spur American innovation and business in- bill. rority, Incorporated. The Clerk read the title of the con- vestment, and cut taxes for millions of b 1100 Americans. These provisions are critical to current resolution. creating and preserving hundreds of thou- Ms. EDDIE BERNICE JOHNSON of The text of the concurrent resolution sands of good-paying green collar American Texas. I would like to close, Madam is as follows: jobs. A recent study showed that allowing Speaker, by simply saying that this H. CON. RES. 335 the renewable energy incentives to expire resolution was a resolution to allow Resolved by the House of Representatives (the would lead to about 116,000 jobs being lost in the International Soap Box Derby, an Senate concurring), the wind and solar industries alone through organization that’s a nonprofit based SECTION 1. USE OF CAPITOL GROUNDS FOR the end of 2009. in Akron, Ohio, to use the Capitol 100TH ANNIVERSARY CELEBRATION The OPEC and Big Oil companies account- OF ALPHA KAPPA ALPHA SORORITY, ability bill—This bill will combat record gas Grounds, and I fully support that. INCORPORATED. prices by authorizing lawsuits against oil I want to call attention to one thing. (a) IN GENERAL.—Alpha Kappa Alpha So- cartel members for oil price fixing, and cre- In January of 2001, the month that this rority, Incorporated (in this resolution re- ating an Antitrust Task Force to crack down current President took office, gas was ferred to as the ‘‘sponsor’’), shall be per- on oil companies engaged in anticompetitive $1.47 a gallon. Today, the national av- mitted to sponsor a public event (in this res- behavior or market manipulation. President erage is $3.81, and I just want that for olution referred to as the ‘‘event’’) on the Bush has threatened to veto this bill. the record, with all the other com- Capitol Grounds to celebrate the 100th anni- versary of Alpha Kappa Alpha Sorority, In- RECENT ACTION ments that have been made on this par- Energy Independence and Security Act in corporated. ticular bill for the Soap Box Derby. (b) DATE OF EVENT.—The event shall be 2007—Historic energy legislation with provi- I urge the passage of the permission sions to combat oil market manipulation, in- held on July 17, 2008, or on such other date as crease fuel efficiency to 35 miles per gallon to allow the Soap Box Derby to use our the Speaker of the House of Representatives in 2020—the first congressional increase in Capitol Grounds. and the Committee on Rules and Adminis- more than three decades, and promote the Mr. OBERSTAR. Madam Speaker, I support tration of the Senate jointly designate. use of more affordable American biofuels. House Concurrent Resolution 311, to author- SEC. 2. TERMS AND CONDITIONS. Signed into law on December 19, 2007, Under ize the use of the Capitol Grounds for the (a) IN GENERAL.—Under conditions to be new requirements in the Energy Independ- prescribed by the Architect of the Capitol Greater Washington Soap Box Derby. and the Capitol Police Board, the event shall ence Law and pressure from Congress the I especially want to acknowledge the dedi- FTC announced on May 1, 2008 it would in- be— cation of Mr. HOYER, the resolution’s annual vestigate allegations of market manipula- (1) free of admission charge and open to the tion that may have led to last year’s record sponsor, who faithfully introduces this resolu- public; and price spikes in gasoline prices. tion to authorize use of the Capitol Grounds (2) arranged not to interfere with the needs Reduces our dependence on foreign oil— for such a worthwhile event. of Congress. cutting our consumption of oil by 2.9 million This annual event encourages all boys and (b) EXPENSES AND LIABILITIES.—The spon- gallons per year in 2030—more than what we girls, ages 9 through 16, to construct and op- sor shall assume full responsibility for all currently import from all Persian Gulf coun- expenses and liabilities incident to all activi- erate their own soap box vehicles. The event ties associated with the event. tries combined. is supported by hundreds of volunteers, and Lowers energy costs for consumers with oil SEC. 3. EVENT PREPARATIONS. prices projected to decline from more than parents. Subject to the approval of the Architect of $100 per barrel to $57 per barrel in 2016 (in It is an excellent opportunity for parents to the Capitol, the sponsor is authorized to 2006 dollars) in part due to the new energy have direct involvement in their children’s ac- erect upon the Capitol Grounds such stage, law. tivities. The derby’s mission is to provide chil- sound amplification devices, and other re- The new fuel standard for cars and trucks dren with an activity that promotes technical lated structures and equipment as may be re- will save American families $700 to $1,000 per and social skills that will serve them through- quired for the event. year at the pump. out their lives. SEC. 4. ENFORCEMENT OF RESTRICTIONS. Reduces global warming emissions by 2030 The derby organizers will work with the Ar- The Capitol Police Board shall provide for by up to 24 percent of what the U.S. needs to enforcement of the restrictions contained in do to help save the planet. chitect of the Capitol and the Capitol Police to section 5104(c) of title 40, United States Code, Building, appliance, and lighting efficiency ensure the appropriate rules and regulations concerning sales, advertisements, displays, standards will save consumers $400 billion are in place. and solicitations on the Capitol Grounds, as through 2030. I urge my colleagues to join me in agreeing well as other restrictions applicable to the Renewable Energy and Energy Conserva- to House Concurrent Resolution 311. Capitol Grounds, in connection with the tion Tax Act—This legislation would end un- Mrs. EDDIE BERNICE JOHNSON of event. necessary subsidies to Big Oil companies, in- Texas. I yield back the balance of my The SPEAKER pro tempore. Pursu- vest in clean, renewable energy and energy efficiency, and help reduce global warming. time. ant to the rule, the gentlewoman from The bill includes provisions that will gen- The SPEAKER pro tempore. The Texas (Ms. EDDIE BERNICE JOHNSON) erate hundreds of thousands of green jobs in- question is on the motion offered by and the gentleman from New York (Mr. cluding an estimated 70,000 solar energy jobs, the gentlewoman from Texas (Ms. KUHL) each will control 20 minutes.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4887 The Chair recognizes the gentle- More than 20,000 members of the so- Ms. EDDIE BERNICE JOHNSON of woman from Texas. rority will converge upon Washington, Texas. Madam Speaker, I yield 5 min- GENERAL LEAVE DC from July 11 until July 18. Members utes to Representative DIANE WATSON Ms. EDDIE BERNICE JOHNSON of will participate in a variety of em- of California. Texas. Madam Speaker, I ask unani- powerment forums, lectures, work- Ms. WATSON. I want to thank the mous consent that all Members may shops, community service activities gentlewoman from Texas. have 5 legislative days within which to centered on these principles through- out the length of the convention. I rise in strong support of H. Con. revise and extend their remarks and to Res. 335 which authorizes the use of the include any extraneous materials on H. During this week-long celebration, members will reflect on 100 years of Capitol Grounds on Thursday, July 17, Con. Res. 335. for a celebration of the 100th anniver- The SPEAKER pro tempore. Is there achievement, enjoy the unbreakable sary of Alpha Kappa Alpha Sorority, objection to the request of the gentle- bonds of sisterhood, and look to the fu- Incorporated. woman from Texas? ture as the organization prepares for There was no objection. the challenges of the next 100 years. In January of this year, the sorority Ms. EDDIE BERNICE JOHNSON of As a proud member of Alpha Kappa began its year-long celebration of its Texas. Madam Speaker, I yield myself Alpha Sorority, I extend my congratu- 100-year anniversary. Founded in 1908 such time as I might consume. lations and very best wishes to all of on the campus of Howard University in House Concurrent Resolution 335, in- my sorors as they gather here in our Washington, DC, Alpha Kappa Alpha troduced by my friend and sorority sis- Nation’s Capital, birthplace of our so- Sorority, Incorporated is the first ter, Ms. DIANE WATSON from California, rority, to pay tribute to 100 years of Greek-letter organization founded by is a bill to authorize the use of the Cap- service, scholarship and sisterhood. African American college women. Madam Speaker, I encourage all of itol Grounds for the 100th anniversary Alpha Kappa Alpha is a sisterhood of my colleagues to support this resolu- of the Alpha Kappa Alpha Sorority, women who have consciously chosen to tion authorizing the use of Capitol and this anniversary event is scheduled improve the socioeconomic conditions Grounds for the celebration of the for July 17, 2008. The event coordina- in their city, in their State, in the Na- 100th anniversary of the Alpha Kappa tors will work with the office of the Ar- tion and in the world. Its history tells chitect of the Capitol and the Capitol Alpha Sorority, Incorporated. I reserve the balance of my time. a story of changing patterns of human Police Board regarding staging the Mr. KUHL of New York. Madam relations in America in the 20th Cen- event with all events on the Capitol Speaker, I yield myself such time as I tury. The small group who organized Grounds, and will be free and open to might consume. the sorority was just 1 generation re- the public. This resolution authorizes the use of moved from slavery. This sorority was founded on the the Capitol Grounds for the 100th anni- Through the years, the sorority di- campus of Howard University 100 years versary celebration of Alpha Kappa rected its efforts towards improving ago. Ms. DIANE WATSON is a 50-year Alpha Sorority. AKA, Alpha Kappa the quality of life for all mankind, member. I’m a 35-year life member. Alpha, was founded in 1908 on the cam- while living our sorority’s motto, ‘‘by And it was founded by nine visionary pus of Howard University, right here in culture and by merit.’’ young women at the time, Ethel Washington, DC. The sorority performs I am so proud to count myself and Hedgeman Lyle, Anna Easter Brown, various community service projects Beulah Burke, Lillie Burke, Marjorie EDDIE BERNICE JOHNSON as members and encourages its members to con- and proud members of Alpha Kappa Hill, Margaret Flagg Holmes, Lavinia tribute to the community, while pur- Norman, Lucy Slowe and Marie Alpha Sorority. Throughout the years, suing academic excellence. I have witnessed firsthand how the Woolfolk Taylor. The Alpha Kappa The centennial program on the Cap- power, vision and commitment of our Alpha Sorority is the oldest Greek-let- itol Grounds will be just one part of founders and members have inspired ter organization established for African the year-long celebration. The event Alpha Kappa Alpha to endure and pros- American college-trained women. will be free and open to the public. The formation of the sorority during Alpha Kappa Alpha will assume li- per through 10 decades. this moment in American history is ability for accidents and will be re- I encourage my colleagues to support significant because it helped jump- sponsible for event costs in accordance H. Con. Res. 335, which will ensure that start a movement of educated African with the policies of the Architect of a vital component of the 100th anniver- American women who were resolute the Capitol and the Capitol Police. sary celebration will take place on and determined to eliminate barriers While we debate this concurrent reso- these distinguished grounds of the for African Americans at a time when lution, which is strictly a managerial United States Capitol. opportunities were limited for minori- responsibility of this Congress, people I want you to know, our membership ties. across the country are worrying about is very tuned in to the issues that we These courageous young women, one how they will afford their next trip to face domestically and we face inter- generation removed from slavery, were the gas station, and not about this par- nationally. And they would want to see the forebears of an entity that has pro- ticular celebration. all of us be able to benefit from the leg- gressively evolved into an organization Since the Democrats took over Con- islation that is passing both Chambers of 200,000 plus members and 975 chap- gress, the price of gasoline has in- and going to the Governor to reduce ters in both the U.S. and abroad. creased more than a $1.50 a gallon. It’s the prices of oil, to address our infra- Today, membership in this organiza- unfortunate, but Democrats seem to ig- structure, to provide the right to tion represents a diverse constituency nore the law of supply and demand. health care for every American, to be of women, from educators to heads of What you’ve heard here previously on sure that Americans can receive and state, politicians, lawyers, medical the resolution before the House dealt realize the American dream to home professionals, media personalities, de- with opening up the supply that’s im- ownership. cision-makers of major corporations. mediately available in this country, Built upon the principle of service, American energy supply. The current I am so proud to stand here in sup- scholarship and sisterhood, Alpha majority has done nothing to increase port of H. Con. Res. 335, to allow our Kappa Alpha Sorority extensively energy supplies, and then wonder why membership to come in and get into works to improve social and economic gas prices continue to soar. It is simply this progressive atmosphere and to cel- conditions through community part- unbelievable that the Democrat major- ebrate their 100th year of existence. nerships and programs. These corner- ity refuses to debate the skyrocketing Mr. OBERSTAR. Madam Speaker, I rise in stone values of the sorority will be on costs of fuel. strong support of H. Con. Res. 335, author- full display in the coming weeks as Madam Speaker, while I do support izing the use of the Capitol Grounds for a members, young and old, from across this resolution and request my col- celebration of the 100th anniversary of Alpha the globe come to our Nation’s capital leagues to be likewise supportive, I Kappa Alpha Sorority, Incorporated. I am to honor the organization’s 100th anni- would reserve the balance of my time pleased to support this resolution and recog- versary. at this time. nize the contributions that the Alpha Kappa

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4888 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Alpha Sorority has made to strengthening net- Madam Speaker, I am proud and honored Ms. EDDIE BERNICE JOHNSON of works that cut across racial, geographical, po- to support this resolution; because I believe Texas. Madam Speaker, I yield myself litical, and social barriers. This event is a fit- this sorority has and will continue to be an such time as I may consume. ting tribute to the organization and I congratu- amazing organization that helps to better com- Madam Speaker, H.R. 3712 as amended is late the sorority on its 100th anniversary. munities around the world. I hope all my col- a bill to designate the Federal building located The commitment of Alpha Kappa Alpha leagues will join me in granting Alpha Kappa at 1716 Spielbusch Avenue in Toledo, Ohio, members to public service is long and leg- Alpha the use of the Capitol Grounds and sup- as the ‘‘James M. Ashley and Thomas W.L. endary. The sorority has evolved over its 100– porting their 100 year anniversary. Ashley United States Courthouse’’. year history from a college-based organization Mr. KUHL of New York. I yield back The late Congressman and Governor James in support of young women in their intellectual the balance of my time. M. Ashley and former Congressman Thomas and cultural development to an organization Ms. EDDIE BERNICE JOHNSON of W.L. Ashley served their Ohio constituents for that dedicates itself to a variety of humani- Texas. Madam Speaker, I urge support over 30 years as Members of Congress and tarian programs. of this resolution, and I yield back the Governor. The Ashley family has served with These programs include the Mississippi balance of our time. distinction in public service for a span of al- Health Project, the Educational Advancement The SPEAKER pro tempore. The most 100 years in the state of Ohio. James Monroe Ashley served five terms as Foundation, and the IVY AKAdemy. The IVY question is on the motion offered by a Republican Congressman from Ohio. Gov- AKAdemy program promotes early learning the gentlewoman from Texas (Ms. ernor Ashley’s best known Congressional and mastery of basic reading skills, enhances EDDIE BERNICE JOHNSON) that the achievement was as the primary sponsor of the school experience of children and young House suspend the rules and agree to the resolution which is recognized as the ante- people through hundreds of local programs the concurrent resolution, H. Con. Res. cedent of the thirteenth amendment which around the country and in South Africa. For 335. abolished slavery within the United States and members of AKA, community service and sis- The question was taken; and (two- its territories. terhood are life-long commitments. Many thirds being in the affirmative) the While in Congress, James Ashley also be- members of Alpha Kappa Alpha stay active in rules were suspended and the concur- came the chair of the House Committee on the organization for more than 50 years. rent resolution was agreed to. Territories, leading the congressional effort to It is fitting that the Alpha Kappa Alpha So- A motion to reconsider was laid on organize Nevada, Idaho, Arizona, Wyoming, rority celebrates its 100th anniversary here on the table. and . Capitol Hill. f As chair of the House Committee on Terri- I urge my colleagues to join me in agreeing tories, he wrote the enabling act for Nebraska, to H. Con. Res. 335. JAMES M. & THOMAS W.L. ASHLEY Colorado, and Nevada on which he condi- Mr. CARSON of Indiana. Madam Speaker, I CUSTOMS BUILDING AND UNITED tioned that a separate vote be held by these rise today in strong support of H. Con. Res. STATES COURTHOUSE potential member States that would prevent 335, a bill to authorize the use of the Capitol Ms. EDDIE BERNICE JOHNSON of them from establishing slavery without the Grounds for the 100th anniversary celebration Texas. Madam Speaker, I move to sus- consent and approval of Congress. of Alpha Kappa Alpha Sorority, Incorporated. pend the rules and pass the bill (H.R. With this measure, Ashley, an avowed aboli- Alpha Kappa Alpha Sorority was founded on 3712) to designate the Federal building tionist, signaled that no new slave States January 15th, 1908 by nine visionary women and United States courthouse located would be admitted to the Union. After serving at Howard University. As America’s first at 1716 Spielbusch Avenue in Toledo, in Congress, James M. Ashley was appointed Greek-letter sorority founded by and for Afri- Ohio, as the ‘‘James M. & Thomas W.L. Governor of Montana in 1869 by President can American women to improve life for all Af- Ashley Customs Building and United Ulysses S. Grant. rican Americans, Alpha Kappa Alpha is truly States Courthouse,’’ as amended. Thomas William Ludlow Ashley was the great-grandson of former Governor and Con- celebrating a long tradition of commitment to The Clerk read the title of the bill. gressman James M. Ashley. Congressman sisterhood and service. The text of the bill is as follows: Driven by these noble ideals, Alpha Kappa Thomas Ashley served in the United States Alpha has evolved into one of the world’s H.R. 3712 Army during the Second World War. He went leading service organizations with 975 chap- Be it enacted by the Senate and House of Rep- on to graduate first from Yale University in ters and approximately 200,000 members resentatives of the United States of America in 1948 and from the Ohio State University Law Congress assembled, worldwide. One of those members, in par- School in 1951. SECTION 1. DESIGNATION. ticular, is near and dear to my heart. Mariama Congressman Ashley later held several po- The United States courthouse located at 1716 sitions as a private lawyer and a member of Carson, my lovely wife shares in the unique Spielbusch Avenue in Toledo, Ohio, shall be bond that is found among the sisters of Alpha the media. In 1954 Congressman Ashley was known and designated as the ‘‘James M. Ashley elected as a Democrat to Congress and went Kappa Alpha Sorority. I truly believe her dedi- and Thomas W.L. Ashley United States Court- cation to service was fostered through her house’’. on to serve a total of 13 terms in Congress. While in Congress, Congressman Ashley membership in Alpha Kappa Alpha, and has SEC. 2. REFERENCES. served as chairman of the Select Committee helped her development as an accomplished Any reference in a law, map, regulation, doc- on Energy and the Committee on Merchant and successful teacher in Indianapolis. She, ument, paper, or other record of the United Marine and Fisheries. like many of her fellow sorors, chose Alpha States to the United States courthouse referred to in section 1 shall be deemed to be a reference Congressman Ashley also served as the as- Kappa Alpha as a means of self-growth sistant majority whip for the Democratic Party. through volunteer service. to the ‘‘James M. Ashley and Thomas W.L. Ash- ley United States Courthouse’’. Congressman Ashley’s most prominent legis- Madam Speaker, AKA’s have touched the lative success was PL 89–117 which directed stars of our universe through members like Dr. The SPEAKER pro tempore. Pursu- ant to the rule, the gentlewoman from the Federal Government to assist in the provi- Mae Jemison and have brought conscience to sion of housing for low and moderate income this body through members like Congress- Texas (Ms. EDDIE BERNICE JOHNSON) and the gentleman from New York (Mr. families. woman SHELIA JACKSON-LEE and Ms. Erika This law was the precursor to the creation KUHL) each will control 20 minutes. Barrera, Communications Director for Con- of the Department of Housing and Urban De- gressman BRUCE BRALEY. But their stories are The Chair recognizes the gentle- woman from Texas. velopment which was created later in that not isolated cases. same Congress. After leaving Congress in Throughout its 100 years of history, Alpha GENERAL LEAVE 1981, Ashley went on to found a legal and Kappa Alpha is full of women who have Ms. EDDIE BERNICE JOHNSON of consulting firm in Washington, DC. Congress- emerged as leaders in their professions and Texas. Madam Speaker, I ask unani- man Thomas W.L. Ashley currently resides in communities. Through distinguished members mous consent that all Members may the Washington, DC area. like Liberian President Ellen Johnson-Sirleaf; have 5 legislative days in which to re- James Monroe Ashley and Thomas William actress Phylicia Rashad; and the 102-year-old vise and extend their remarks and to Ludlow Ashley will be remembered as distin- Mrs. Hazel Hainsworth Young, one of the So- include extraneous materials. guished public servants to the great State of rority’s most senior members, Alpha Kappa The SPEAKER pro tempore. Is there Ohio. Alpha has and will continue to be an organiza- objection to the request of the gentle- The Ashley family served as leaders in both tion of focused and compassionate women woman from Texas? the Democratic and Republican Party in Ohio committed to changing the world. There was no objection. and each served their party well.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4889 They will be respected as great Americans He also served as chairman of the the Toledo, Ann Arbor and Northern whose dedication to public service was Committee on Merchant Marines and Railroad. passed down through the generations. As Fisheries and as assistant majority His great grandson, Thomas William such, it is very appropriate that the United whip for the Democrats in the House. Ludlow Ashley, also served as a con- States Courthouse in Toledo, Ohio, be des- Lud was an outstanding leader in gressman from Ohio from 1955 to 1981, ignated as the ‘‘James M. Ashley and Thomas both community development and en- some 26 years. Representative Thomas W.L. Ashley United States Courthouse’’. ergy policy. As Chair of the Housing Ashley served 13 terms in Congress, I recognize the gentlelady from Ohio and Community Development Sub- and was chairman of the Select Com- (Ms. KAPTUR) for as much time as she committee for the Banking Committee, mittee on Energy in the 95th Congress. may consume. he, like his great-grandfather before Prior to his service, he served in the Ms. KAPTUR. I rise today and ask him, championed social justice. He Pacific theater during World War II as my colleagues to join me in support of wrote and gained passage of the Dem- a corporal in the United States Army. H.R. 3712, which seeks to name the onstration City Act and the Housing This bill is a fitting tribute to their Federal Courthouse Building located in and Community Development Act of service and to their country. I support Toledo Ohio, the James M. Ashley and 1974 and 1977 to rebuild America’s cities this measure, and urge my colleagues Thomas W. Ludlow Ashley Customs and communities in the wake of the to do the same. Building and United States Court- civil rights era. While this legislation will name a house. Indeed, the very establishment of the courthouse in Ohio, it is not on the issue or not on the minds of people b 1115 Department of Housing and Urban De- across the country as they travel to This deserved recognition of two velopment during the Lyndon Johnson administration was made possible by work. They are more worried about the well-known lawmakers from the Ash- cost of filling up their gas tanks than ley family, whose roots run deep in Lud’s effective and dogged congres- sional leadership. Housing for the less they are the managerial actions of America and our community, pays Congress’ naming a building after some tribute to the lives of late Congress- fortunate and more sustainable com- munities across our country were made very honorable people. The American man and Governor James M. Ashley people are really feeling the pain at the who served here in the 19th century, as possible through his unyielding and creative efforts. A banker’s banker, he pump, and this Congress has ignored well as his great-grandson, former Con- their calls for help. It seems that, gressman Thomas W. Ludlow Ashley, also gained passage of the Bank Merger Act of 1966, the Export Development every night, the news media proclaims who served here during the 20th cen- that the gas prices have hit another Administration Act of 1969, the Export tury. record high. As Congress idles and as These visionary Americans who lived Expansion and Finance Act of 1971. A World War II hero, Congressman prices soar, the problem is being ig- in three different centuries advanced nored. This is something that Congress America’s promise and the cause of so- Ashley also served in the U.S. Army prior to his service in the U.S. House. must act on immediately. cial justice as they made immeasurable Madam Speaker, I reserve the bal- Subsequent to his career in Congress, public service contributions to both de- ance of my time. fine and direct the course of our Na- Congressman Ashley founded a con- Ms. EDDIE BERNICE JOHNSON of tion, one in the abolitionist fight to sulting firm in Washington, DC, and Texas. Madam Speaker, I have no fur- eliminate slavery in our Nation, and now resides in Traverse City, Michigan. ther requests for time, and I reserve the other to bind up America’s wounds I would ask my colleagues to please the balance of my time. in the civil rights era to help our Na- join me in supporting this bill in honor Mr. KUHL of New York. Madam tion gain its idealistic foothold again. of two centuries of a family’s service to Speaker, I would encourage my col- Congressman James Ashley, who America by the Ashley family and leagues to support this resolution as it served in our U.S. House of Representa- their two outstanding sons whose com- is a fine, honorable, memorable tribute tives from December 1859 to March mitment to America is historic. Ohio is to a wonderful family from Ohio. 1869, was an active abolitionist credited proud to claim these two favorite sons, Mr. OBERSTAR. Madam Speaker, I strongly with introducing the first bill for the men of principle, as people who support H.R. 3712, a bill to designate the U.S. 13th Amendment to our constitution to changed America for the better. courthouse located at 1716 Spielbusch Ave- abolish the practice of slavery. He also I thank my dear colleague from nue in Toledo, Ohio, as the ‘‘James M. Ashley drafted a bill to abolish slavery in Texas, Congresswoman JOHNSON for and Thomas W.L. Ashley United States Court- Washington, DC. These extraordinarily yielding to me. I thank Congressman house.’’ This bill was introduced by the gentle- brave actions in his era are illustrative KUHL, and I thank the leadership here woman from Ohio, Ms. KAPTUR, to honor two of Ashley’s courageous leadership. for allowing us from the proud Buckeye members of the Ashley family, James M. Ash- They reflect the Ashley family’s place State of Ohio to place the Ashley fam- ley and Thomas W.L. Ashley. in history on the scales of justice and ily’s name on our revered Federal The Ashley family has a distinguished equality for all people. courthouse in perpetuity. record in public service dating back to the mid During his tenure in Congress, James Mr. KUHL of New York. I yield my- 1800s. Various members of this family have Ashley served as chairman of the Com- self such time as I might consume. served in the U.S. House of Representatives mittee on Territories, and he was later I rise in support of the resolution of- since 1858. appointed Governor of Montana. Con- fered by the gentlewoman from Ohio, James Monroe Ashley, 1824–1896, served gressman Thomas Ludlow Ashley, Representative KAPTUR. five terms as a Representative from Ohio. great-grandson of James Ashley from H.R. 3712 designates the Federal During the , Congressman Lucas County, Toledo, Ohio, served a building and United States courthouse Ashley was the first Representative to call for quarter century, 13 terms, from Janu- located in Toledo, Ohio as the ‘‘James an amendment to the United States Constitu- ary 1955 to January 1981. During his M. Ashley and Thomas W. L. Ashley tion to outlaw slavery. The amendment he tenure, he served as the chairman of Customs Building and United States sponsored served as the antecedent to the the Select Committee on Energy where Courthouse.’’ thirteenth amendment of the Constitution, he was chosen by then-Speaker Thomas James Mitchell Ashley was an Ohio which abolished slavery. Tip O’Neill to prepare comprehensive congressman who served five terms in Thomas William Ludlow Ashley is the great- legislative proposals across congres- the United States Congress where he grandson of former Governor and Congress- sional committees to regain America’s served for 8 years as the chairman on man, James M. Ashley. In 1954, Thomas Wil- energy independence. the Committee of Territories. Rep- liam Ludlow Ashley was elected to Congress During that era of the 1970s, that resentative Ashley had a prominent served a total of 13 terms in Congress. While landmark legislation, the Energy Con- role in the passage of the 13th amend- in Congress, Representative ‘‘Lud’’ Ashley servation Act of 1976, and subsequent ment, which abolished slavery. Fol- served as chairman of the Select Committee Carter administration energy inde- lowing his service in Congress, James on Energy and the Committee on Merchant pendence proposals became America’s Ashley served as the Governor of the Marine and Fisheries. In 1977, Speaker Thom- first step on an arduous journey into a Territory of Montana, as you have pre- as P. ‘‘Tip’’ O’Neill established a Select Com- new energy age. viously heard, and helped to construct mittee on Energy and appointed Congressman

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4890 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Ashley to chair the Committee, which com- than it took from them, being designed less I reserve the balance of my time. piled energy legislation based on bills reported to extract taxes or raise a militia than to ap- Mr. KUHL of New York. Madam by several House committees in response to portion political power to the people of the Speaker, I yield myself such time as I United States according to their numbers; President Jimmy Carter’s legislative proposal. may consume. and H.R. 5599 names the new Census Bu- This bill is a fitting tribute to two distin- (8) Jefferson’s role in establishing a repub- guished public servants. lic based on principles of representation un- reau headquarters building in Suitland, I urge my colleagues to join me in sup- derscores the historical significance of the Maryland, as the Thomas Jefferson porting the bill. United States census and the way the Gov- Census Bureau Headquarters Building. Mr. KUHL of New York. I yield back ernment views and governs itself today. As the first Secretary of State, the balance of my time. SEC. 2. DESIGNATION. Thomas Jefferson was a strong advo- Ms. EDDIE BERNICE JOHNSON of The Federal building located at 4600 Silver cate of a national census, and he super- Texas. Madam Speaker, I move that we Hill Road in Suitland, Maryland, shall be vised the first census in 1790. Early support this resolution for a very de- known and designated as the ‘‘Thomas Jef- population estimates misjudged the serving family. ferson Census Bureau Headquarters Build- number of Americans in many areas, ing’’. I yield back the balance of my time. unfortunately, and it resulted in under- The SPEAKER pro tempore. The SEC. 3. REFERENCES. Any reference in a law, map, regulation, representation in many areas of this question is on the motion offered by country in the first Congress. Under the gentlewoman from Texas (Ms. document, paper, or other record of the United States to the Federal building re- Jefferson’s leadership, however, the EDDIE BERNICE JOHNSON) that the ferred to in section 2 shall be deemed to be census developed into a more useful House suspend the rules and pass the a reference to the ‘‘Thomas Jefferson Census and accurate process. bill, H.R. 3712, as amended. Bureau Headquarters Building’’. Thomas Jefferson’s advocacy for a The question was taken; and (two- The SPEAKER pro tempore. Pursu- complete and accurate census land laid thirds being in the affirmative) the ant to the rule, the gentlewoman from the foundation for the Census Bureau rules were suspended and the bill, as Texas (Ms. EDDIE BERNICE JOHNSON) we have today. He believed that an ac- amended, was passed. and the gentleman from New York (Mr. curate census was essential to ensure The title was amended so as to read: KUHL) each will control 20 minutes. that the government represented its ‘‘A bill to designate the United States The Chair recognizes the gentle- people effectively. So it is fitting that courthouse located at 1716 Spielbusch woman from Texas. the new census building bear his name, Avenue in Toledo, Ohio, as the ‘James GENERAL LEAVE and I support the bill and urge its M. Ashley and Thomas W.L. Ashley Ms. EDDIE BERNICE JOHNSON of adoption and applaud my colleague, United States Courthouse’.’’. Texas. Madam Speaker, I ask unani- Representative MALONEY, on bringing A motion to reconsider was laid on mous consent that all Members may it before the House for its adoption the table. have 5 legislative days within which to today. f revise and extend their remarks and to But while we debate these matters, THOMAS JEFFERSON CENSUS BU- include extraneous materials on H.R. the issue persists, and that is the high REAU HEADQUARTERS BUILDING 5599. cost of gasoline. And this Congress con- Ms. EDDIE BERNICE JOHNSON of The SPEAKER pro tempore. Is there tinues to ignore the rising cost of gaso- Texas. Madam Speaker, I move to sus- objection to the request of the gentle- line. American workers are struggling pend the rules and pass the bill (H.R. woman from Texas? to fill up their tanks, and this Congress 5599) to designate the Federal building There was no objection. has done nothing to ease that burden. located at 4600 Silver Hill Road in Ms. EDDIE BERNICE JOHNSON of The Democratic majority has failed to Suitland, Maryland, as the ‘‘Thomas Texas. Madam Speaker, I yield myself provide the real leadership in address- Jefferson Census Bureau Headquarters such time as I might consume. ing the high cost of fuel which requires Madam Speaker, H.R. 5599 is a bill to Building’’. an increased supply, American supply. The Clerk read the title of the bill. designate the Federal building in Thank you, Madam Speaker, for an The text of the bill is as follows: Suitland, Maryland, as the Thomas opportunity to speak on this. H.R. 5599 Jefferson Census Bureau Headquarters I reserve the balance of my time. Ms. EDDIE BERNICE JOHNSON of Be it enacted by the Senate and House of Rep- Building. The bill has bipartisan sup- resentatives of the United States of America in port. Texas. Madam Speaker, I yield 3 min- Congress assembled, Although Thomas Jefferson is best utes to the gentlelady from New York SECTION 1. FINDINGS. remembered as the third President of (Mrs. MALONEY). Congress finds that— the United States, as the author of the Mrs. MALONEY of New York. Madam (1) Thomas Jefferson, as Secretary of State Declaration of Independence, he also is Speaker, I thank my colleague for in 1790, supervised the first modern census in considered by some to be the first di- yielding and for her leadership in this world history; rector of the U.S. census. Congress, and I rise in strong support (2) the 1790 census was the first national In 1790, while Secretary of State, Jef- of my bill H.R. 5599, a bill to designate census in the United States and the first ferson conducted the first national cen- the Census Bureau headquarters Fed- periodic census in the modern nation-state era; sus. Although the practice of per- eral building for Founding Father (3) Jefferson urged President Washington forming a census has been in practice Thomas Jefferson. to veto the first apportionment bill pre- for thousands of years, the U.S. census The Census Bureau has just been re- sented by Congress on the grounds that it in considered to be the first modern located to a modern state-of-the-art was unconstitutional, and Jefferson’s own periodic census. Several European building in Suitland, Maryland. I want apportionment formula was adopted and countries followed suit shortly after in to thank Chairman OBERSTAR and Con- used until 1840; the early 19th century. gresswoman HOLMES NORTON for their (4) Jefferson’s mastery of numbers and sta- Today, the results of the census are help in moving this bill forward. tistical analysis helped alert the Nation to I introduced this legislation along the importance of accuracy in the numbers used to determine the size of congres- used to describe the society and pointed to sional districts, the allocation of seats with colleagues that have been strong methods that later improved census taking; allotted to each State in the U.S. supporters of an accurate census— (5) Jefferson offered population corrections House of Representatives, as a factor in HOLMES NORTON, HOYER, DAVIS, TURN- to the European diplomatic community to the allocation of Federal resources, and ER, RUPPERSBERGER, HONDA, GONZALEZ, more accurately convey the fast-growing perhaps most importantly as a re- WYNN, COHEN, and CANNON—to honor United States population, which had been search tool to track economic and pop- Thomas Jefferson’s contributions to undercounted in previous census taking; ulation trends in the United States. the modern census and the Founding (6) Jefferson believed in the importance of It is most fitting and proper that we Fathers’ vision of a truly representa- territorial expansion and insisted on equal representation for the territories that were support this designation and honor one tive government in which every Amer- to join the Union as States; of Jefferson’s numerous contributions ican counts. (7) Jefferson supervised the first census in to our Nation’s history. I support H.R. Jefferson’s role in establishing a re- world history that gave to the people more 5599. public based on the principle of fair

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4891 representation emphasizes the histor- I yield back the balance of my time. (A) by striking the term ‘‘employee, or con- ical significance of the American cen- The SPEAKER pro tempore. The tractor’’ each place such term appears and in- sus and the way our government views question is on the motion offered by serting ‘‘employee, volunteer practitioner, or contractor’’; and governs itself today. Jefferson’s the gentlewoman from Texas (Ms. (B) by striking the term ‘‘employee, and con- significant contributions to the early EDDIE BERNICE JOHNSON) that the tractor’’ each place such term appears and in- American census include his alerting House suspend the rules and pass the serting ‘‘employee, volunteer practitioner, and the Nation to the importance of accu- bill, H.R. 5599. contractor’’; racy in census taking and his recogni- The question was taken; and (two- (C) by striking the term ‘‘employee, or any tion of the need to fully represent thirds being in the affirmative) the contractor’’ each place such term appears and newly acquired territories in the cen- inserting ‘‘employee, volunteer practitioner, or rules were suspended and the bill was contractor’’; and sus. passed. (D) by striking the term ‘‘employees, or con- Historically, census taking was a A motion to reconsider was laid on tractors’’ each place such term appears and in- negative thing. It was used for raising the table. serting ‘‘employees, volunteer practitioners, or taxes for the militia. Thomas Jeffer- f contractors’’. son, as Secretary of State, oversaw the (b) APPLICABILITY; DEFINITION.—Section first census in history, which was posi- HEALTH CENTERS RENEWAL ACT 224(k) of the Public Health Service Act (42 tive, which gave the people more than OF 2008 U.S.C. 233(k)) is amended by adding at the end the following paragraph: it took away by empowering those Mr. GENE GREEN of Texas. Madam ‘‘(4)(A) Subsections (g) through (m) apply counted with a voice in their govern- Speaker, I move to suspend the rules with respect to volunteer practitioners beginning ment. and pass the bill (H.R. 1343) to amend with the first fiscal year for which an appro- As we have heard in recent weeks, the Public Health Service Act to pro- priations Act provides that amounts in the fund the 2010 census has some very serious vide additional authorizations of ap- under paragraph (2) are available with respect challenges. Although much work re- propriations for the health centers pro- to such practitioners. mains to be done to ensure its success- ‘‘(B) For purposes of subsections (g) through gram under section 330 of such Act, as (m), the term ‘volunteer practitioner’ means a ful implementation, naming this build- amended. practitioner who, with respect to an entity de- ing for Thomas Jefferson underscores The Clerk read the title of the bill. scribed in subsection (g)(4), meets the following this Congress’ commitment to getting The text of the bill is as follows: conditions: ‘‘(i) In the State involved, the practitioner is it right and making sure that every H.R. 1343 citizen is counted. a licensed physician, a licensed clinical psychol- Be it enacted by the Senate and House of Rep- ogist, or other licensed or certified health care b 1130 resentatives of the United States of America in practitioner. A fair and accurate census, putting Congress assembled, ‘‘(ii) At the request of such entity, the practi- political power in the hands of the peo- SECTION 1. SHORT TITLE. tioner provides services to patients of the entity, at a site at which the entity operates or at a site ple, is a uniquely American invention. This Act may be cited as the ‘‘Health Centers Renewal Act of 2008’’. designated by the entity. The weekly number of Let us honor our Founding Fathers’ SEC. 2. ADDITIONAL AUTHORIZATIONS OF AP- hours of services provided to the patients by the legacy by celebrating Thomas Jeffer- PROPRIATIONS FOR HEALTH CEN- practitioner is not a factor with respect to meet- son, the father of the modern census. TERS PROGRAM. ing conditions under this subparagraph. Mr. OBERSTAR. Madam Speaker, I rise in Section 330(r)(1) of the Public Health Service ‘‘(iii) The practitioner does not for the provi- support of H.R. 5599, a bill to designate the Act (42 U.S.C. 254b(r)(1)) is amended to read as sion of such services receive any compensation Federal building located at 4600 Silver Hill follows: from such patients, from the entity, or from ‘‘(1) IN GENERAL.—For the purpose of carrying third-party payors (including reimbursement Road in Suitland, Maryland, as the ‘‘Thomas under any insurance policy or health plan, or Jefferson Census Bureau Headquarters Build- out this section, in addition to the amounts au- thorized to be appropriated under subsection under any Federal or State health benefits pro- ing’’. gram).’’. The United States census is a count of the (d), there are authorized to be appropriated— ‘‘(A) for fiscal year 2008, $2,213,020,000; SEC. 5. LIABILITY PROTECTIONS FOR HEALTH Nation’s population, conducted every 10 ‘‘(B) for fiscal year 2009, $2,451,394,400; CENTER PRACTITIONERS PRO- years. The results are used for various pur- VIDING SERVICES IN EMERGENCY ‘‘(C) for fiscal year 2010, $2,757,818,700; AREAS. poses, including allocation of congressional ‘‘(D) for fiscal year 2011, $3,116,335,131; and Section 224(g) of the Public Health Service Act seats and impacting Government program ‘‘(E) for fiscal year 2012, $3,537,040,374.’’. (42 U.S.C. 233(g)) is amended— funding for States and localities. The U.S. SEC. 3. RECOGNITION OF HIGH POVERTY AREAS. (1) in paragraph (1)(B)(ii), by striking ‘‘sub- Census Bureau is responsible for conducting (a) IN GENERAL.—Section 330(c) of the Public paragraph (C)’’ and inserting ‘‘subparagraph the census and serves ‘‘as the leading source Health Service Act (42 U.S.C. 254b(c)) is amend- (C) and paragraph (6)’’; and of quality data about the Nation’s people and ed by adding at the end the following new para- (2) by adding at the end the following para- graph: graph: economy,’’ according to its mission. ‘‘(6)(A) Subject to subparagraph (C), para- The census is our Nation’s longest contin- ‘‘(3) RECOGNITION OF HIGH POVERTY AREAS.— ‘‘(A) IN GENERAL.—In making grants under graph (1)(B)(ii) applies to health services pro- uous scientific project. In 1790, while Sec- this subsection, the Secretary may recognize the vided to individuals who are not patients of the retary of State, Thomas Jefferson conducted unique needs of high poverty areas. entity involved if, as determined under criteria issued by the Secretary, the following conditions the first official count of the Nation’s popu- ‘‘(B) HIGH POVERTY AREA DEFINED.—For pur- lation. Census Day was August 2, 1790. The poses of subparagraph (A), the term ‘high pov- are met: ‘‘(i) The services are provided by a contractor, erty area’ means a catchment area which is es- national census has several colonial prede- volunteer practitioner (as defined in subsection tablished in a manner that is consistent with the cessors with eight of the original 13 colonies (k)(4)(B)), or employee of the entity who is a factors in subsection (k)(3)(J), and the poverty having conducted their own census. physician or other licensed or certified health rate of which is greater than the national aver- President Jefferson not only was one of our care practitioner and who is otherwise deemed Founding Fathers and the third President of age poverty rate as determined by the Bureau of to be an employee for purposes of paragraph the Census.’’. the United States, but he was also an early (1)(A) when providing services with respect to (b) EFFECTIVE DATE.—The amendment made the entity. demographer. by subsection (a) shall apply to grants made on Therefore, it is fitting and proper that we ‘‘(ii) The services are provided in an emer- or after January 1, 2009. gency area (as defined in subparagraph (D)), designate this Federal building as the ‘‘Thom- SEC. 4. LIABILITY PROTECTIONS FOR HEALTH with respect to a public health emergency or as Jefferson Census Bureau Headquarters CENTER VOLUNTEER PRACTI- major disaster described in subparagraph (D), Building’’. TIONERS. and during the period for which such emergency I urge my colleagues to join me in sup- (a) IN GENERAL.—Section 224 of the Public or disaster is determined or declared, respec- porting H.R. 5599. Health Service Act (42 U.S.C. 233) is amended— tively. Mr. KUHL of New York. Madam (1) in subsection (g)(1)(A)— ‘‘(iii) The services of the contractor, volunteer Speaker, I yield back the balance of (A) in the first sentence, by striking ‘‘or em- practitioner, or employee (referred to in this my time and encourage my colleagues ployee’’ and inserting ‘‘employee, or (subject to paragraph as the ‘out-of-area practitioner’) are subsection (k)(4)) volunteer practitioner’’; and provided under an arrangement with— to vote in support of this resolution. (B) in the second sentence, by inserting ‘‘and ‘‘(I) an entity that is deemed to be an em- Ms. EDDIE BERNICE JOHNSON of subsection (k)(4)’’ after ‘‘subject to paragraph ployee for purposes of paragraph (1)(A) and Texas. Madam Speaker, I have no fur- (5)’’; and that serves the emergency area involved (re- ther requests for time, and I move the (2) in each of subsections (g), (i), (j), (k), (l), ferred to in this paragraph as an ‘emergency- passage of this resolution. and (m)— area entity’); or

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6333 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4892 CONGRESSIONAL RECORD — HOUSE June 4, 2008 ‘‘(II) a Federal agency that has responsibil- bia and the territories and possessions of the ‘‘(iv) has prepared a schedule of fees or pay- ities regarding the provision of health services United States) and locations within States, in- ments for the provision of its services consistent in such area during the emergency. cluding rural areas, inner-city areas, and fron- with locally prevailing rates or charges and de- ‘‘(iv) The purposes of the arrangement are— tier areas. signed to cover its reasonable costs of operation ‘‘(I) to coordinate, to the extent practicable, ‘‘(d) DURATION.—Subject to the availability of and has prepared a corresponding schedule of the provision of health services in the emergency appropriations, the demonstration shall be con- discounts to be applied to the payment of such area by the out-of-area practitioner with the ducted (and operating grants be made to each fees or payments, which discounts are adjusted provision of services by the emergency-area enti- participating integrated health system) for a pe- on the basis of the patient’s ability to pay; ty, or by the Federal agency, as the case may riod of 3 years. ‘‘(v) will assure that no patient will be denied be; ‘‘(e) REPORTS.— health care services due to an individual’s in- ‘‘(II) to identify a location in the emergency ‘‘(1) IN GENERAL.—The Secretary shall submit ability to pay for such services; area to which such practitioner should report to the appropriate committees of the Congress ‘‘(vi) will assure that any fees or payments re- for purposes of providing health services, and to interim and final reports with respect to the quired by the system for such services will be re- identify an individual or individuals in the area demonstration, with an interim report being duced or waived to enable the system to fulfill to whom the practitioner should report for such submitted not later than 3 months after the dem- the assurance described in clause (v); purposes; and onstration has been in operation for 24 months ‘‘(vii) provides assurances that any grant ‘‘(III) to verify the identity of the practitioner and a final report being submitted not later funds will be expended to supplement, and not and that the practitioner is licensed or certified than 3 months after the close of the demonstra- supplant, the expenditures of the integrated by one or more of the States. tion. health system for primary and preventive health ‘‘(v) With respect to the licensure or certifi- ‘‘(2) CONTENT.—Such reports shall evaluate services for the medically underserved; and cation of health care practitioners, the provision the effectiveness of the demonstration in pro- ‘‘(viii) submits to the Secretary such reports as of services by the out-of-area practitioner in the viding greater access to primary and preventive the Secretary may require to determine compli- emergency area is not a violation of the law of care for medically underserved populations, and ance with this subparagraph. the State in which the area is located. how the coordinated approach offered by inte- ‘‘(C) TREATMENT OF CERTAIN ENTITIES.—The ‘‘(B) In issuing criteria under subparagraph grated health systems contributes to improved term ‘qualifying integrated health system’ may (A), the Secretary shall take into account the patient outcomes. include a nurse-managed health clinic if such need to rapidly enter into arrangements under ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— clinic meets the requirements of subparagraphs such subparagraph in order to provide health ‘‘(1) IN GENERAL.—There is authorized to be (A) and (B) (except those requirements that services in emergency areas promptly after the appropriated $25,000,000 for each of the fiscal have been waived under paragraph (4)(B)). emergency begins. years 2009, 2010, and 2011 to carry out this sec- ‘‘(4) REQUIRED PRIMARY AND PREVENTIVE ‘‘(C) Subparagraph (A) applies with respect to tion. HEALTH AND RELATED SERVICES.— an act or omission of an out-of-area practitioner ‘‘(2) CONSTRUCTION.—Nothing in this section ‘‘(A) IN GENERAL.—Except as provided in sub- only to the extent that the practitioner is not shall be construed as requiring or authorizing a paragraph (B), the term ‘required primary and immune from liability for such act or omission reduction in the amounts appropriated for preventive health and related services’ means under the Volunteer Protection Act of 1997. grants to health centers under section 330 for basic health services consisting of— ‘‘(i) health services related to family medicine, ‘‘(D) For purposes of this paragraph, the term the fiscal years referred to in paragraph (1). internal medicine, pediatrics, obstetrics, or gyn- ‘emergency area’ means a geographic area for ‘‘(g) DEFINITIONS.—For purposes of this sec- which— tion: ecology that are furnished by physicians where ‘‘(i) the Secretary has made a determination ‘‘(1) FRONTIER AREA.—The term ‘frontier area’ appropriate, physician assistants, nurse practi- under section 319 that a public health emer- has the meaning given to such term in regula- tioners, and nurse midwives; ‘‘(ii) diagnostic laboratory services and gency exists; or tions promulgated pursuant to section 330I(r). radiologic services; ‘‘(ii) a presidential declaration of major dis- ‘‘(2) INTEGRATED HEALTH SYSTEM.—The term ‘‘(iii) preventive health services, including aster has been issued under section 401 of the ‘integrated health system’ means a health sys- prenatal and perinatal care; appropriate cancer Robert T. Stafford Disaster Relief and Emer- tem that— screening; well-child services; immunizations gency Assistance Act.’’. ‘‘(A) has a demonstrated capacity and com- against vaccine-preventable diseases; screenings mitment to provide a full range of primary care, SEC. 6. DEMONSTRATION PROJECT FOR INTE- for elevated blood lead levels, communicable dis- GRATED HEALTH SYSTEMS TO EX- specialty care, and hospital care in both inpa- eases, and cholesterol; pediatric eye, ear, and PAND ACCESS TO PRIMARY AND PRE- tient and outpatient settings; and VENTIVE SERVICES FOR THE MEDI- ‘‘(B) is organized to provide such care in a co- dental screenings to determine the need for vi- CALLY UNDERSERVED. ordinated fashion. sion and hearing correction and dental care; and voluntary family planning services; Part D of title III of the Public Health Service ‘‘(3) QUALIFYING INTEGRATED HEALTH SYS- ‘‘(iv) emergency medical services; and Act (42 U.S.C. 259b et seq.) is amended by add- TEM.— ‘‘(v) pharmaceutical services, behavioral, men- ing at the end the following new subpart: ‘‘(A) IN GENERAL.—The term ‘qualifying inte- tal health, and substance abuse services, pre- grated health system’ means a public or private ‘‘Subpart XI—Demonstration Project for Inte- ventive dental services, and recuperative care, nonprofit entity that is an integrated health grated Health Systems to Expand Access to as may be appropriate. system that meets the requirements of subpara- Primary and Preventive Services for the ‘‘(B) EXCEPTION.—In the case of an integrated Medically Underserved graph (B) and serves a medically underserved health system serving a targeted population, the ‘‘SEC. 340H. DEMONSTRATION PROJECT FOR IN- population (either through the staff and sup- Secretary shall, upon a showing of good cause, TEGRATED HEALTH SYSTEMS TO EX- porting resources of the integrated health sys- waive the requirement that the integrated PAND ACCESS TO PRIMARY AND PRE- tem or through contracts or cooperative ar- health system provide each required primary VENTIVE CARE FOR THE MEDICALLY rangements) by providing— and preventive health and related service under UNDERSERVED. ‘‘(i) required primary and preventive health this paragraph if the Secretary determines one ‘‘(a) ESTABLISHMENT OF DEMONSTRATION.— and related services (as defined in paragraph or more such services are inappropriate or un- ‘‘(1) IN GENERAL.—Not later than January 1, (4)); and necessary for such population. 2009, the Secretary shall establish a demonstra- ‘‘(ii) as may be appropriate for a population ‘‘(5) INTEGRATIVE HEALTH SERVICES.—The term tion project (hereafter in this section referred to served by a particular integrated health system, ‘integrative health services’ means services that as the ‘demonstration’) under which up to 30 integrative health services (as defined in para- are not included as required primary and pre- qualifying integrated health systems receive graph (5)) that are necessary for the adequate ventive health and related services and are asso- grants for the costs of their operations to ex- support of the required primary and preventive ciated with achieving the greater integration of pand access to primary and preventive services health and related services and that improve a health care delivery system to improve patient for the medically underserved. care coordination. care coordination so that the system either di- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this ‘‘(B) OTHER REQUIREMENTS.—The require- rectly provides or ensures the provision of a section shall be construed as authorizing grants ments of this subparagraph are that the inte- broad range of culturally competent services. In- to be made or used for the costs of specialty care grated health system— tegrative health services include but are not lim- or hospital care furnished by an integrated ‘‘(i) will make the required primary and pre- ited to the following: health system. ventive health and related services of the inte- ‘‘(A) Outreach activities. ‘‘(b) APPLICATION.—Any integrated health grated health system available and accessible in ‘‘(B) Case management and patient naviga- system desiring to participate in the demonstra- the service area of the integrated health system tion services. tion shall submit an application in such man- promptly, as appropriate, and in a manner ‘‘(C) Chronic care management. ner, at such time, and containing such informa- which assures continuity; ‘‘(D) Transportation to health care facilities. tion as the Secretary may require. ‘‘(ii) will demonstrate financial responsibility ‘‘(E) Development of provider networks and ‘‘(c) CRITERIA FOR SELECTION.—In selecting by the use of such accounting procedures and other innovative models to engage local physi- integrated health systems to participate in the other requirements as may be prescribed by the cians and other providers to serve the medically demonstration (hereafter in this section referred Secretary; underserved within a community. to as ‘participating integrated health systems’), ‘‘(iii) provides or will provide services to indi- ‘‘(F) Recruitment, training, and compensation the Secretary shall ensure representation of in- viduals who are eligible for medical assistance of necessary personnel. tegrated health systems that are located in a va- under title XIX of the Social Security Act or for ‘‘(G) Acquisition of technology for the purpose riety of States (including the District of Colum- assistance under title XXI of such Act; of coordinating care.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6333 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4893 ‘‘(H) Improvements to provider communica- our country’s most vulnerable popu- tremendous need for affordable and tion, including implementation of shared infor- lations. quality health care. mation systems or shared clinical systems. Federally qualified health centers This bill would allow health centers ‘‘(I) Determination of eligibility for Federal, are local, nonprofit or public entity, to serve approximately 23 million pa- State, and local programs that provide, or fi- nancially support the provision of, medical, so- community-owned health care provider tients in the next 5 years. cial, housing, educational, or other related serv- serving low-income and medically un- I want to thank my colleague, Mr. ices. derserved areas as designated by the PICKERING, who is the original cospon- ‘‘(J) Development of prevention and disease Federal Government. sor, along with the Energy and Com- management tools and processes. Health centers provide comprehen- merce Committee and my sub- ‘‘(K) Translation services. sive primary and preventive health committee for their full support of this ‘‘(L) Development and implementation of eval- care, with services available to all legislation. uation measures and processes to assess patient community residents where they are I believe the bill is truly an invest- outcomes. ‘‘(M) Integration of primary care and mental located, regardless of the patients’ ment in the future of health centers for health services. ability to pay. the medically underserved commu- ‘‘(N) Carrying out other activities that may be Community health centers have nities throughout our country. appropriate to a community and that would in- helped fill the medical void for low-in- Madam Speaker, I reserve the bal- crease access by the uninsured to health care, come communities and uninsured indi- ance of my time. such as access initiatives for which private enti- viduals. Mr. DEAL of Georgia. Madam Speak- ties provide non-Federal contributions to sup- The health centers program’s focus er, I rise today in support of H.R. 1343, plement the Federal funds provided through the on primary and preventive care has the Health Centers Renewal Act. I have grants for the initiatives. been a long time supporter of the com- ‘‘(6) SPECIALTY CARE.—The term ‘specialty garnered savings for our health care care’ means care that is provided through a re- system because the health centers pro- munity health centers program be- ferral and by a physician or nonphysician prac- vide the uninsured and underserved cause health centers provide quality titioner, such as surgical consultative services, with access to care they would usually health care services to people and com- radiology services requiring the immediate pres- receive at hospital emergency rooms. munities which might not otherwise ence of a physician, audiology, optometric serv- By providing access to affordable pri- have access to such care. ices, cardiology services, magnetic resonance im- mary care, health centers have also re- Last Congress, I sponsored a 5-year agery (MRI) services, computerized axial tomog- duced the need for in-patient and spe- health centers reauthorization measure raphy (CAT) scans, nuclear medicine studies, which passed the House by large mar- and ambulatory surgical services. cialty care in hospitals, because med- ‘‘(7) NURSE-MANAGED HEALTH CLINIC.—The ical problems in health center patients gins. But unfortunately, we were un- term ‘nurse-managed health clinic’ means a are treated earlier, before they require able to finalize the legislation and see nurse-practice arrangement, managed by ad- in-patient hospital care. it signed into law. vanced practice nurses, that provides care for Studies suggest that health centers I would like to thank Mr. GREEN for underserved and vulnerable populations and is save Medicaid approximately 30 per- his leadership on the legislation this associated with a school, college, or department cent in annual spending for health cen- year and for the willingness of our sub- of nursing or an independent nonprofit health ters due to reduced specialty care re- committee chairman, Mr. PALLONE, or social services agency.’’. ferrals, fewer hospital admissions, and and our full committee chairman, Mr. The SPEAKER pro tempore. Pursu- emergency room visits. DINGELL, who worked in a bipartisan ant to the rule, the gentleman from Forty percent of health center pa- way to improve this reauthorization Texas (Mr. GENE GREEN) and the gen- tients are uninsured, and 35 percent de- measure. tleman from Georgia (Mr. DEAL) each pend on Medicaid, making health cen- We made important reforms to the will control 20 minutes. ters a critical feature of our country’s program to encourage the participation The Chair recognizes the gentleman safety net and, for many individuals, of volunteer physicians at health cen- from Texas. their only source for health care serv- ters. It is my understanding that many GENERAL LEAVE ices. physicians would be more willing to Mr. GENE GREEN of Texas. Madam Unfortunately, the number of unin- volunteer their time at a health center Speaker, I ask unanimous consent that sured in our country is 47 million and if they knew they would have liability all Members have 5 legislative days to has been steadily rising, and in turn, protection from frivolous lawsuits. revise and extend their remarks and in- the need for health centers are increas- This bill provides that assurance clude extraneous material on the bill ing. through the Federal Tort Claims Act. under consideration. Our district in Texas and many other Through our work in the committee, The SPEAKER pro tempore. Is there communities nationwide are des- we also addressed a situation which de- objection to the request of the gen- perately in need of more health cen- veloped following Hurricanes Katrina tleman from Texas? ters. Houston has approximately 1 mil- and Rita where some health center em- There was no objection. lion uninsured but only 10 federally ployees were not able to carry their li- Mr. GENE GREEN of Texas. Madam qualified health centers. ability protection out of their home fa- Speaker, I yield myself as much time As the fourth largest city in the cility to go work on the gulf coast. We as I may consume. United States, Houston lags far behind made a common-sense change to ad- Madam Speaker, I rise today in sup- the number of health centers located in dress this situation to ensure that port of H.R. 1343, the Health Centers our area when compared to Chicago, health centers can meet their staffing Renewal Act of 2008. with over 80 community health centers needs during times of emergency. This The health centers program was first and the third largest city in the coun- amendment mirrored the legislation enacted 40 years ago. Today, health try. introduced by the late Representative centers are located in 6,000 sites in all Houston is not alone in this need for Paul Gilmore, and I am glad that we 50 States serving as the medical home more health centers. Studies show that can honor him by including this in this and family physician to 17 million peo- 56 million Americans lack access to measure. ple nationally. primary care or a health care home. Community health centers are an im- Over the years, the health centers The Health Centers Renewal Act will portant component of our health care program has gained tremendous sup- reauthorize the health centers pro- safety net. While many communities port from Democrats, Republicans, the gram, which would address the growing across the country enjoy the benefits Congress and the President. We don’t need for community health centers in of having a health center, there are all agree on much, but there is no not only my area but throughout the still many areas which could benefit doubt that the health centers program United States. from continued expansion of the pro- has been a great success. This legislation would authorize the gram. The overwhelming support for the increased funding necessary for our I would urge my colleagues to sup- health centers program may be attrib- community to build on the success of port this measure and give medically uted to the impact health centers have the health centers program and develop underserved communities across this made on the health and well-being of additional health centers to meet our country greater access to health care

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4894 CONGRESSIONAL RECORD — HOUSE June 4, 2008 providers at a local community health this into this bill. That basically pro- b 1145 center. vides that physicians and other health And of course that does appear to be Madam Speaker, I would reserve the professionals, nurse practitioners who our energy policy. But keep in mind balance of my time. want to volunteer are covered. that this House has voted, in the 10 Mr. GENE GREEN of Texas. Madam What does this mean? That means years I’ve been here, at least I think Speaker, we will reserve the balance of lower costs for clinics, and that means eight or nine times to open up either our time. that physicians, for example, who may offshore or Alaska oil, which has been Mr. DEAL of Georgia. Madam Speak- want to give some of their time each shut down on every attempt. We’ve er, I’m pleased to yield to one of the week or each month, a clinic will be been able to pass it a handful of times; members of our Health Subcommittee there with welcome arms. It has not it has either been vetoed or blocked of Energy and Commerce and a gen- been something that’s been allowed be- within the Senate. tleman whose language has been incor- fore, but it does provide lower health So if you aren’t allowed to use Amer- porated into this bill, Mr. TIM MURPHY, care costs. It is a way for physicians ican supply of energy, of course the for 5 minutes. and other primary practitioners to be only alternative is to import more. I’m Mr. TIM MURPHY of Pennsylvania. able to give back to the community. It personally embarrassed that our ad- Madam Speaker, I thank Ranking is a way to lower health care costs. ministration is going to the Middle Member DEAL and I thank Mr. GREEN In this Nation, where there are 760 East and begging for them to increase for this very, very important bill, this primary care physician openings, 290 production. What that shows, to me, is Health Centers Renewal Act to provide nurse practitioners openings and 310 they’re giving up on the fact that we some very, very important coverage for dentist openings just a couple of years should be using more of our own Amer- some of our most needy citizens. ago—and those numbers may have ican resources. And we can do that. We You know, when people oftentimes climbed—this provides a way that we should open up offshore. We should will comment upon how many people in can fulfill those needs at basically no open Alaska. We should open up the oil America don’t have health care, who cost. shale in Colorado. recognize that actually many of them I thank the chairman, I thank Rank- Now, what the public should know is, are covered by programs such as Med- ing Member DEAL and everybody else just in the last 6 months, back in No- icaid, they may or may not know it, or who has been part of this bill in mak- vember-December, this House voted to SCHIP or some choose not to have ing this a working bill to help bring take the oil shale in Colorado and Wyo- health insurance. But there are also health care costs down, help bring ming off limits to oil companies to be those millions of Americans who sim- health care to America’s needy citizens able to extract oil from there. We made ply are not low-income enough for and help bring a health care home for it so you cannot extract that oil. Medicaid. They don’t have children, so so many Americans. The SPEAKER pro tempore. The Mr. GENE GREEN of Texas. Madam they’re not covered by SCHIP. And time of the gentleman has expired. Speaker, we will continue to reserve. they’re not old enough for Medicare. Mr. DEAL of Georgia. I yield the gen- We have no other speakers. tleman 1 additional minute. Where do they go? Mr. DEAL of Georgia. I would yield 3 Well, community health centers pro- Mr. TERRY. Just 2 weeks ago, this minutes to the gentleman from Ne- vide the very health care that they House voted to ban the military from braska (Mr. TERRY), a member of the need, give them health care home, give using synthetic aviation fuel made committee who has also worked on this from coal, also known as coal-to-liquid. them peace of mind. It is a place where, legislation. for a low fee, they can have ongoing So here’s another alternative energy Mr. TERRY. Thank you, and I, too, source that we could use to provide health care, know that they have a rise in support of our community doctor who knows them, and dentist aviation fuel not only to the military, health centers and the reauthorization. but to the civilian side, that would be and psychologist and other ones who We have two in my district in provide the vital care for them, and it stable, reliable, no cost fluctuations Omaha. We have the One World Health like you see because of the oil markets. keeps costs down. Keeps costs down Center. It used to be known as the Chi- tremendously. But yet this House voted 2 weeks ago cano Awareness Center, but now it has to say no to using that source for fuel. I believe some 30 percent of people kind of created a new name and new who go to community health centers So of course if we’re going to limit marketing in the sense that it really every source of energy in this country, do not have health care insurance, and helps all of our community, and then of those who do attend, it maintains you have no other place to go. in the north Omaha community we Last week, I rolled out a plan at even lower costs for Medicaid patients. have the Charles Drew Center. home that showed if we allowed all of So it is savings at all levels. I frequent these facilities, meeting But unfortunately, there are huge va- our resources to be used from the con- with their physicians who work there servation from new vehicles and tax cancies with community health cen- and their directors, and every time I credits to help consumers purchase ters. Those vacancies have to do with have been impressed with the high them, we open up offshore oil shale in normal family physicians or psychia- quality of the health care that they Alaska, as well as the alternative, we trists or OB/GYNs, and that has led to provide for our communities. They are can become energy independent. backups. That has led to delays in ap- first-rate. Both of them are in brand Mr. GENE GREEN of Texas. Madam pointments. And the question is, is new buildings that can rival any physi- Speaker, as much as I would like to de- there a way we can resolve that? cians’ offices anywhere else in the met- bate energy prices, hopefully we can Well, here’s something we discovered ropolitan Omaha community. deal with renewal of qualified health that was odd, and this bill corrects And I think these health centers centers. that. Strangely enough, if physicians really are key in our try to provide Madam Speaker, I reserve the bal- want to volunteer at a free clinic, they universal health care or at least access ance of my time. can do so, and they’re covered by the for everybody so those that have mini- Mr. DEAL of Georgia. Madam Speak- Federal Tort Claims Act. On the other mal insurance or no insurance can er, I am pleased to yield 3 minutes to hand, if they are paid medical staff at show up at our community health cen- the gentlelady from Texas (Ms. GRANG- a free clinic, they’re not covered under ters and receive first-class medical ER). the Federal Tort Claims Act. care. And that is one of the major rea- Ms. GRANGER. Madam Speaker, I Reverse that for a community health sons why I stand in support. rise today in strong support of the center. If they’re paid staff at a com- Now, just quickly here, I feel com- Health Centers Renewal Act. munity health center, they’re covered pelled from listening to some of the As important as this bill is to local under the Federal Tort Claims Act, but testimony from a previous bill, we had communities, I believe the first thing if they want to volunteer, they are not. a speaker that stood up and talked we should be dealing with is gas prices I introduced a bill, H.R. 1626, the about how it was the White House or and the devastating effect it’s having Family Healthcare Accessibility Act, a George Bush’s fault that we have to on American families. Unfortunately, couple of years ago to correct that, and import more oil during his administra- the majority refuses to deal with this I am pleased that Mr. GREEN has put tion. issue.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4895 Our Nation has over 1,000 community and the community with a health care from one of these facilities. Certainly health centers which provide high- safety net they can rely on and also all of us recognize it is one of the bet- quality, affordable primary health care ease the burden of our entire system, ter ways that we have available to us to more than 16 million Americans in they’re becoming increasingly impor- to be able to provide needed health over 6,000 communities nationwide. tant to meeting a national demand. care to communities that are under- I come from Fort Worth, Texas and Health care should be affordable, acces- served at the current time. was mayor there before I came to Con- sible and convenient so that individ- Once again, in closing, I would com- gress. When I was mayor, we didn’t uals and families can access care when mend Mr. GREEN for his willingness to have a community health center in they’re sick and get the care they need. work in a bipartisan fashion on this re- Fort Worth. And I quickly realized the I urge my colleagues to support H.R. authorization legislation. I believe that need for one because of the huge con- 1343. the amendments that were added to it centration of people we had who Mr. DEAL of Georgia. Madam Speak- before its reaching the floor today have weren’t able to access health care ex- er, I am pleased to yield 2 minutes to considerably improved this bill. In par- cept for emergency centers. my colleague from Georgia, Dr. BROUN. ticular, it now will allow physicians When I came to Congress, I sat on the Mr. BROUN of Georgia. Madam who are either retired or who want to committee that funds health centers Speaker, I’m a medical doctor. As a volunteer a portion of their time to as- and worked to get a community health physician, I have been a medical direc- sist in one of these community health center in Fort Worth. We now have the tor in a National Health Service Corps centers the ability to do so with some Albert Galvan Health Clinic in Fort community health clinic. I have given degree of limited liability protection. I Worth, which serves a terrific need. away hundreds of thousands of dollars think that will increase the number of Parents who take their children to of my services to the poor over my 30- physicians who are available in these the center have developed a relation- some-odd years’ career of practicing facilities, and by doing that, it will in- ship with a primary care physician who medicine in rural southwest Georgia, crease the quality of care to those who can track families and their needs. as well as in northeast Georgia where I are receiving services in community They’re also receiving good preventa- currently live. health centers. tive care, which is taking away the Health care costs are issues that par- With that, I would encourage passage need to visit an emergency room. ticularly poor people have a tremen- of this resolution. In Texas, community health centers dous difficulty dealing with. And it cer- Madam Speaker, I yield back the bal- are helping ease the burden tremen- tainly is a very important issue. We’ve ance of my time. dously on hospitals and local providers got to solve the crisis we have in Mr. GENE GREEN of Texas. Madam across the State, with 10 percent of health care financing today. We don’t Speaker, I rise to close. We have no low-income, uninsured Texans now re- have a health care quality problem, we other speakers. lying on community health centers for have a health care financing problem. First, to comment on my colleague their primary care. Texas health cen- And a lot of this is due to an overregu- from Georgia. Coming from Houston, ters are caring for over 700,000 patients. lation on the health care system, on Texas, I have some pipeline companies Nationally they’re having a strong doctors, hospitals, pharmaceutical that would love to have that contract impact as well. A 2006 study by the Na- companies, and other entities. from Mars to Houston to bring oil if we tional Association of Community But an issue that actually affects discover it drilling through that ice Health Centers shows the number of poor people more than health care there. patients treated by health centers in- today is the tremendous cost of energy. I appreciate, as a physician, your de- creased by 46 percent between 1999 and Right now today, we’re drilling for ice votion to community-based health 2004. on the ground in Mars, and we can’t clinics, because that’s what this bill is Overall, it’s estimated community even drill for oil in America. It’s got to about, it’s about reauthorizing. In fact, health centers care for over 17 million stop. We’ve got to bring down the cost as we stand here today, Madam Speak- underserved people in rural and urban of gasoline. And we can do that. We can er, we’re actually expanding one in our areas across the country. However, do that by drilling offshore. We can do district. Like I said earlier, we only there is still a great need for more that by tapping into the oil sources we have 10 in the Houston area, and our community health centers. Too many have throughout the west and in Alas- next largest city close to us has 80. So families have to drive long distances to ka. And it’s absolutely critical. we have a job to do in Houston, in reach a health center, and with gas The cost of gasoline is hurting every- Texas—and my colleague from Fort prices at an all-time high, many fami- one. It’s driving up the cost of gro- Worth mentioned it—to expand com- lies can’t afford the drive to the doctor. ceries in the supermarket. It’s driving munity-based health centers. This bill Thirty-six million people—one in up the cost of all goods and services, will allow us to do that because it will eight Americans—don’t have a doctor including health care. So if we’re going go to the underserved community, or regular source of care. If these 36 to lower the cost of the health care, if areas in the country that really don’t million Americans did have a regular we’re going to lower the cost of food in even have access to a community-based source of care at a community health the grocery store, we’ve got to lower health center now and will have with center, billions of dollars in health the cost of gasoline by drilling now and this legislation, also with the addi- care costs could be saved from reduced streamlining the permitting process to tional authorization funds. ER visits. get refineries so that they’re producing Of course we have to go back and ask There is evidence that people who get more gasoline and we can bring the the Appropriations Committee every most of their primary care from a cost down. So I encourage my col- year for additional funding that we au- health center have 41 percent lower leagues to push for drilling for oil now. thorize. But that’s something that we overall health care costs than the oth- Mr. DEAL of Georgia. Madam Speak- do. This is very bipartisan support for ers who don’t, saving Federal dollars of er, I believe the majority is ready to community-based health centers. $10 to $17 billion in 2007 alone. close, and I will close at this point if he That’s why I would hope that we would Health care centers are considered has no other speakers. have almost unanimous support for one of the most effective government I believe that the importance of com- this legislation. programs in the country and have a munity health centers has certainly Mr. DAVIS of Illinois. Madam Speaker, I en- solid record of keeping communities been underscored in a bipartisan fash- thusiastically rise today in support of H.R. healthy and disease free. ion by the discussion we’ve had here on 1343, The Health Centers Renewal Act of The SPEAKER pro tempore. The this floor. I would remind us all that 2007. For over 40 years, community health time of the gentlewoman from Texas this is an initiative that President centers have provided cost-effective, high- has expired. Bush inaugurated several years ago quality health care to poor and medically un- Mr. DEAL of Georgia. I would yield when his goal was to expand the num- derserved people in the States, the District of the gentlelady 1 additional minute. ber of community health centers across Columbia, and the territories, including the Ms. GRANGER. Because community this country, ultimately so that every working poor, the uninsured, and many high- health care centers provide families county in this country would be served risk and vulnerable populations. Community

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4896 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Health Centers nationwide provide care to 1 of the gentleman from Texas (Mr. GENE ‘‘Congress should amend the current Poison every 8 uninsured Americans, 1 of every 4 GREEN) that the House suspend the Control Center Enhancement and Awareness Americans in poverty, and 1 of every 9 rural rules and pass the bill, H.R. 1343, as Act Amendments of 2003 to provide sufficient amended. funding to support the proposed Poison Pre- Americans. vention and Control System with its na- As a former president of the National Com- The question was taken. tional network of poison centers. Support for munity Heath Centers organization, I am hon- The SPEAKER pro tempore. In the the core activities at the current level of ored to advocate for the expansion of this tre- opinion of the Chair, two-thirds being service is estimated to require more than mendously vital segment of our comprehen- in the affirmative, the ayes have it. $100 million annually.’’. sive healthcare system. By incorporating both Mr. BROUN of Georgia. Madam (5) Sustaining the funding structure and H.R. 5544—The Patients and Public Health Speaker, on that I demand the yeas increasing accessibility to poison control Partnership Act of 2008 and H.R. 870, which and nays. centers will promote the utilization of poi- amends the Public Health Service Act to pro- The yeas and nays were ordered. son control centers and reduce the inappro- The SPEAKER pro tempore. Pursu- priate use of emergency medical services and vide liability protections for practitioners of other more costly health care services. The health centers who provide health services in ant to clause 8 of rule XX and the Chair’s prior announcement, further 2004 Institute of Medicine Report to Congress emergency areas into this legislation; H.R. determined that for every $1 invested in the 1343 is now expanded to increase both in- proceedings on this motion will be Nation’s poison centers $7 of health care sured coverage and access to critical re- postponed. costs are saved. In 2005, direct Federal health sources for these invaluable medical profes- f care program savings totaled in excess of $525 million as the result of poison center sionals. This legislation empowers community POISON CENTER SUPPORT, EN- health practitioners to serve on a larger scale public health services. HANCEMENT, AND AWARENESS (6) More than 30 percent of the cost savings and make an even greater positive impact par- ACT OF 2008 and financial benefits of the Nation’s net- ticularly at a time when our health care deliv- Mr. GENE GREEN of Texas. Madam work of poison centers are realized annually ery systems across the board are overbur- Speaker, I move to suspend the rules by Federal health care programs (estimated dened. I ask my colleagues to join me in sup- to be more than $1 billion), yet Federal fund- and pass the bill (H.R. 5669) to amend port of H.R. 1343. ing support (as demonstrated by the annual the Public Health Service Act to reau- Mr. MCHUGH. Madam Speaker, I rise today authorization of $30.1 million in Public Law thorize the poison center national toll- in support of H.R. 1343, the Health Centers 108–194) comprises less than 11 percent of the free number, national media campaign, Renewal Act of 2007. I am proud to be a co- annual network expenditures of poison cen- and grant program to provide assist- ters. sponsor of this legislation, which would reau- ance for poison prevention, sustain the (7) Real-time data collected from the Na- thorize the community health centers program funding of poison centers, and enhance tion’s certified poison centers can be an im- through fiscal year 2012. portant source of information for the detec- Community health centers are an integral the public health of people of the United States. tion, monitoring, and response for contami- component of our Nation’s health care infra- nation of the air, water, pharmaceutical, or The Clerk read the title of the bill. structure. Nationwide, more than 1,500 such food supply. The text of the bill is as follows: centers provide high-quality, cost-effective pri- (8) In the event of a terrorist event, poison H.R. 5669 mary health care to anyone seeking care. In centers will be relied upon as a critical New York State, health centers provide serv- Be it enacted by the Senate and House of Rep- source for accurate medical information and resentatives of the United States of America in public health emergency response con- ices to 1.1 million people who receive care at Congress assembled, cerning the treatment of patients who have over 425 sites. SECTION 1. SHORT TITLE. had an exposure to a chemical, radiological, Of note, community health center fees are This Act may be cited as the ‘‘Poison Cen- or biological agent. based on income and family size and services ter Support, Enhancement, and Awareness SEC. 3. REAUTHORIZATION OF POISON CENTERS are provided regardless of insurance status or Act of 2008’’. NATIONAL TOLL-FREE NUMBER. ability to pay. Forty-three percent of New York SEC. 2. FINDINGS. Section 1271 of the Public Health Service State health center patients are Medicaid Congress makes the following findings: Act (42 U.S.C. 300d–71) is amended to read as beneficiaries and 28 percent are uninsured. (1) Poison centers are the primary defense follows: of the United States against injury and ‘‘SEC. 1271. MAINTENANCE OF THE NATIONAL Moreover, over 86 percent of New York State TOLL-FREE NUMBER. health center patients have incomes at or deaths from poisoning. Twenty-four hours a day, the general public as well as health care ‘‘(a) IN GENERAL.—The Secretary shall pro- below 200 percent of the Federal poverty practitioners contact their local poison cen- vide coordination and assistance to poison level, which in 2008 is $42,400 for a family of ters for help in diagnosing and treating vic- centers for the establishment of a nation- four. tims of poisoning. In 2007, more than 4 mil- wide toll-free phone number, and the mainte- Access to health care is truly one of the lion calls were managed by poison centers nance of such number, to be used to access most difficult challenges for Americans living in providing ready and direct access for all peo- such centers. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ple of the United States, including many un- rural areas like northern and central New There are authorized to be appropriated derserved populations in the United States, York. Community health centers have been a $2,000,000 for each of the fiscal years 2000 with vital emergency public health informa- tremendous help in our efforts to improve ac- through 2009 to carry out this section; and tion and response. cess to health care. I am thankful that my con- $1,000,000 for each of the fiscal years 2010 (2) Poisoning is the second most common through 2014 for the maintenance of the na- stituents in New York State’s 23rd Congres- form of unintentional death in the United tionwide toll-free phone number under sub- sional District are served by four community States. In any given year, there will be be- section (a).’’. health centers: Hudson Headwaters Health tween 3 million and 5 million poison expo- Network; Northern Oswego County Health sures. Sixty percent of these exposures will SEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POI- Services; The Smith House; and the United involve children under the age of 6 who are SON CENTER UTILIZATION. Cerebral Palsy Association of the North Coun- exposed to toxins in their home. Poisoning (a) IN GENERAL.—Section 1272 of the Public try. accounts for 285,000 hospitalizations, 1.2 mil- Health Service Act (42 U.S.C. 300d–72) is I deepy appreciate the dedication and hard lion days of acute hospital care, and more amended to read as follows: than 26,000 fatalities in 2005. ‘‘SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO work of the staff at those health centers. In- (3) In 2008, the Harvard Injury Control Re- deed, I am hesitant to imagine a scenario in PROMOTE POISON CENTER UTILIZA- search Center reported that poisonings from TION. which my constituents did not have the benefit accidents and unknown circumstances more ‘‘(a) IN GENERAL.—The Secretary shall of their excellent services. I also appreciate than tripled in rate since 1990. In 2005, the carry out, and expand upon, a national the efforts of the gentleman from Texas, Mr. last year for which data are available, 26,858 media campaign to educate the public and GREEN, and the gentleman from Mississippi, people died from accidental or unknown health care providers about poison preven- Mr. PICKERING, to develop this measure and poisonings. This represents an increase of tion and the availability of poison center re- bring it to the House floor today; I look forward 20,000 since 1990 and an increase of 2,400 be- sources in local communities and to conduct tween 2004 and 2005. Fatalities from poi- advertising campaigns concerning the na- to its enactment. soning are increasing in the United States in Mr. GENE GREEN of Texas. Madam tionwide toll-free number established under near epidemic proportions. The funding of section 1271(a). Speaker, I yield back the balance of programs to reverse this trend is needed now ‘‘(b) CONTRACT WITH ENTITY.—The Sec- my time. more than ever. retary may carry out subsection (a) by en- The SPEAKER pro tempore. The (4) In 2004, The Institute of Medicine, of the tering into contracts with a nationally rec- question is on the motion offered by National Academies recommended that the ognized organization in the field of poison

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4897 control for the development and implemen- control, and the Secretary has approved the bill that would provide assistance for tation of a nationwide poison prevention and organization as having in effect standards poison prevention, sustain the funding poison center awareness campaign, which for certification that reasonably provide for of poison centers, and enhance the pub- may include the development and distribu- the protection of the public health with re- lic health of people in the United tion of poison prevention and poison center spect to poisoning; or awareness materials; television, radio, Inter- ‘‘(2) the center has been certified by a States. net, and newspaper public service announce- State government, and the Secretary has ap- Unfortunately, poisoning is a signifi- ments; and other means of public and profes- proved the State government as having in ef- cant problem, and according to Centers sional awareness and education. fect standards for certification that reason- for Disease Control and Prevention ‘‘(c) EVALUATION.—The Secretary shall— ably provide for the protection of the public ranks second only to motor vehicle ‘‘(1) establish baseline measures and bench- health with respect to poisoning. crashes as a cause of unintentional in- marks to quantitatively evaluate the impact ‘‘(d) WAIVER OF CERTIFICATION REQUIRE- of the nationwide media campaign carried jury or death. The economic cost of un- MENTS.— intentional poisoning is considerable, out under this section; and ‘‘(1) IN GENERAL.—The Secretary may grant ‘‘(2) prepare and submit to the appropriate a waiver of the certification requirement of as poisonings led to $26 billion in med- congressional committees an evaluation of subsection (c) with respect to a noncertified ical expenses. the nationwide media campaign on an an- poison center that applies for a grant under The bill before us today would reau- nual basis. this section if such center can reasonably thorize a poison center national toll ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— demonstrate that the center will obtain such free number, a national media cam- There are authorized to be appropriated to a certification within a reasonable period of paign to promote the use of poison cen- carry out this section $600,000 for each of the time as determined appropriate by the Sec- fiscal years 2000 through 2005, such sums as ters, and a grant program to provide retary. assistance for poison prevention to en- may be necessary for each of the fiscal years ‘‘(2) RENEWAL.—The Secretary may renew 2006 through 2009, and $1,500,000 for each of a waiver under paragraph (1). sure that unintentional poisonings do the fiscal years 2010 through 2014.’’. ‘‘(3) LIMITATION.—In no instance may the not lead to unintentional injuries or (b) EFFECTIVE DATE.—The amendment sum of the number of years for a waiver death. made by this section shall be effective as of under paragraph (1) and a renewal under I acknowledge my colleague, Con- the date of the enactment of this Act and paragraph (2) exceed 5 years. The preceding gressman EDOLPHUS TOWNS, and urge shall apply to contracts entered into on or sentence shall take effect as of the date of after January 1, 2009. my colleagues on both sides of the aisle the enactment of the Poison Center Support, to join me in support of this laudable SEC. 5. REAUTHORIZATION OF THE POISON CEN- Enhancement, and Awareness Act of 2008. TER GRANT PROGRAM. legislation. ‘‘(e) SUPPLEMENT NOT SUPPLANT.— (a) IN GENERAL.—Section 1273 of the Public Amounts made available to a poison center Mr. Speaker, I reserve the balance of Health Service Act (42 U.S.C. 300d–73) is under this section shall be used to supple- my time. amended to read as follows: ment and not supplant other Federal, State, b 1200 ‘‘SEC. 1273. MAINTENANCE OF THE POISON CEN- or local funds provided for such center. TER GRANT PROGRAM. ‘‘(f) MAINTENANCE OF EFFORT.—A poison Mr. TERRY. Mr. Speaker, I yield my- ‘‘(a) AUTHORIZATION OF GRANT PROGRAM.— center, in utilizing the proceeds of a grant self such time as I may consume. The Secretary shall award grants to poison under this section, shall maintain the ex- I would like to thank the Speaker centers certified under subsection (c) (or penditures of the center for activities of the granted a waiver under subsection (d)) and and Mr. GREEN and the committee for center at a level that is not less than the professional organizations in the field of poi- bringing this forward in such a timely level of expenditures maintained by the cen- son control for the purposes of preventing, manner. ter for the fiscal year preceding the fiscal and providing treatment recommendations This is an important act. This bill re- year for which the grant is received. for, poisonings and complying with the oper- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— flects a bipartisan effort, strengthened ational requirements needed to sustain the There are authorized to be appropriated to by the leadership of Mr. TOWNS, who certification of the center under subsection carry out this section— provides the necessary funding for the (c). ‘‘(1) for each of the fiscal years 2000 poison control centers to continue ‘‘(b) ADDITIONAL USES OF GRANT FUNDS.—In through 2004, $25,000,000; addition to the purposes described in sub- their lifesaving work. I must say that ‘‘(2) for each of the fiscal years 2005 section (a), a poison center or professional in writing this bill, I enjoyed working through 2009, $27,500,000; and organization awarded a grant under such with Mr. TOWNS and his staff and ap- ‘‘(3) for each of the fiscal years 2010 subsection may also use such grant for the preciate all of their help and coopera- through 2014, $35,000,000, of which $1,500,000 following purposes: shall be used to award grants for the purpose tion. ‘‘(1) To establish and evaluate best prac- described in subsection (b)(4).’’. The poison control center located in tices in the United States for poison preven- (b) EFFECTIVE DATE.—The amendment Omaha is the designated poison control tion, poison center outreach, and emergency made by this section shall be effective as of center for Nebraska, Wyoming, and, and preparedness programs. the date of the enactment of this Act and ‘‘(2) To research, develop, implement, re- amazingly, American Samoa and the shall apply to grants made on or after Janu- vise, and communicate standard patient Federated States of Micronesia. It is ary 1, 2009. management guidelines for commonly en- one of the oldest poison control centers countered toxic exposures. The SPEAKER pro tempore. Pursu- in the United States, established in ‘‘(3) To improve national toxic exposure ant to the rule, the gentleman from 1957. It’s one of fifty-two poison control surveillance by enhancing cooperative ac- Texas (Mr. GENE GREEN) and the gen- centers in the United States certified tivities between poison centers in the United tleman from Nebraska (Mr. TERRY) as a regional poison control center by States and the Centers for Disease Control each will control 20 minutes. the American Association of Poison and Prevention. The Chair recognizes the gentleman ‘‘(4) To develop, support, and enhance tech- Control Centers and operates 24 hours a nology and capabilities of professional orga- from Texas. day, 7 days a week with full informa- nizations in the field of poison control to col- GENERAL LEAVE tion and treatment capabilities. The lect national poisoning, toxic occurrence, Mr. GENE GREEN of Texas. Madam majority of funding is provided by the and related public health data. Speaker, I ask unanimous consent that Nebraska Med Center, Creighton Uni- ‘‘(5) To develop initiatives to foster the en- all Members may have 5 legislative versity Medical Center, and the Univer- hanced public health utilization of national days to revise and extend their re- sity of Nebraska. poison data collected by organizations de- In 2007, 61 poison control centers lo- scribed in paragraph (4). marks and include extraneous material ‘‘(6) To support and expand the toxicologic on the bill under consideration cated throughout the United States expertise within poison centers. The SPEAKER pro tempore. Is there played a critical role in saving lives by ‘‘(7) To improve the capacity of poison cen- objection to the request of the gen- responding to 4 million calls. Poison ters to answer high volumes of calls and re- tleman from Texas? control centers are staffed by medical spond during times of national crisis or There was no objection. professionals 24 hours a day, 7 days a other public health emergencies. Mr. GENE GREEN of Texas. Madam week. These professionals are trained ‘‘(c) CERTIFICATION.—Except as provided Speaker, I yield myself such time as I with the knowledge needed to assess under subsection (d), the Secretary may make a grant to a poison center under sub- may consume. poison risk, advise treatment and/or section (a) only if— Madam Speaker, I rise in support of triage patients, recommend a treat- ‘‘(1) the center has been certified by a pro- H.R. 5669, the Poison Control Center ment, or refer them to appropriate fessional organization in the field of poison Enhancement and Awareness Act, a medical facilities.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4898 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Poisoning is the second leading form this bill but on other health care bills tional Hotline. This hotline is a vital source of of unintentional death in the United that we’re dealing with on a bipartisan information for many of my constituents, and States, and an estimated 60 percent of basis. Americans across the country, who could not those exposures are experienced by This reauthorization of the poison otherwise receive medical advice or attention. children under the age of 6. Calls re- center national toll-free number and This hotline also provides essential follow-up ceived by poison control centers ad- the media campaign has been a proven calls regarding continuing care of poison expo- dressed chemical, biological, and nu- success. And since all politics is local, sures. clear exposure, as well as adverse reac- and since you mentioned the Univer- Without a national hotline, many individuals tions to pesticides, cleaning products, sity of Nebraska, I have to mention the with known or suspected toxic exposures and other hazardous products. University of Texas Medical Branch would seek significantly more costly and less This bill provides the funding needed that serves as our poison control pub- accessible healthcare alternatives, such as an to authorize the poison center national licity and facility, and it’s very suc- emergency room visit. toll-free number, national media cam- cessful. We just need to expand it be- Simply, the benefits of these centers are paign, and the State grant program to cause we still are having deaths from widespread, but are especially helpful to those provide assistance for poison preven- poisoning, and we need to make sure whose incomes prohibit access to private tion. This legislation not only saves that toll-free number is utilized and health care services. Failure to reauthorize lives but saves millions of dollars a that information is out there for our these important centers would represent a tre- year in preventable medical expenses. community. mendous disservice to Americans in all Con- A report by the Institute of Medicine Ms. CORRINE BROWN of Florida. Mr. gressional districts. concludes that the Nation’s poison con- Speaker, I rise today in strong support of H.R. I urge my colleagues to support H.R. 5669. trol centers yielded $7 in savings for 5669. The Poison control centers provide vital Mr. BARTON of Texas. Mr. Speaker, I rise every $1 invested. In 2005 alone, poison healthcare services to Americans of all in- in support of H.R. 5669, the ‘‘Poison Center control centers saved Federal health comes and keep costs from emergency proce- Support, Enhancement, and Awareness Act of programs an estimated $525 million. dures under control. Through their cost-saving 2008.’’ I would like to thank my friend from I encourage my colleagues to exam- programs, these centers benefit the general New York, Mr. TOWNS, and, my friend from ine this bill and join us in support of public, the government, health care providers, Nebraska, Mr. TERRY, for introducing this im- this bill and the lifesaving work of poi- public health entities, and insurers. portant legislation, and I want to thank Chair- son control centers across the country. In my district, Jay Schauben supervises a man DINGELL and Subcommittee Chairman Mr. Speaker, I reserve the balance of poison control center at Shans-Jacksonville PALLONE for working in a bipartisan manner as my time. hospital that treats a population of approxi- we moved this bill through the Energy and Mr. GENE GREEN of Texas. Mr. mately six million. The Florida legislature cre- Commerce Committee. Speaker, I have no further requests for ated this center in 1989 to address over- As our primary defense against injury and time, and I reserve the balance of my whelming needs in the areas of exposure death from poisoning, poison centers are a time. treatment and education, and Dr. Schauben’s vital part of our healthcare system in the Mr. TERRY. Mr. Speaker, I yield my- team has risen to the challenge and helped a United States. Few people realize that poi- self such time as I may consume to countless number of my constituents. I would soning is the second most common form of close. also like to thank Senator David Karnes, unintentional death in the United States. In As I mentioned in my first state- whose tireless support has been a great help 2005, there were over 26,000 deaths in the ment, my opening statement, this is a in attaining funding for these important cen- United States caused by the ingestion of poi- bipartisan effort. Once again, I want to ters. Finally, I would like to thank Dr. Gerold sons that resulted from approximately 5 million thank Mr. TOWNS. Schiebler of the University of Florida. Dr. incidents of poison exposure. And without I have the floor statement of our Schiebler has been active for decades in the question, the number of deaths and debili- ranking member, JOE BARTON, who is campaign for affordable healthcare and wide- tating injuries resulting from poisoning would also in support of this bill, and I will spread access to poison control services. be significantly higher if it weren’t for the read in significant part his statement. With our economy in recession, now is cer- strong network of poison centers we already He states: ‘‘As our primary defense tainly no time to further limit access to the have, and with passage of the legislation be- against injury and death from poi- quality healthcare services, or to tie the hands fore us today, I am confident that we can soning, poison control centers are a of advocates like Dr. Schauben, Senator make a great program even better. vital part of our health care system in Karnes, and Dr. Schiebler. So, it is critically Again, I thank my colleagues for their efforts the United States. Few people realize important that poison control centers are reau- on this bipartisan bill. poisoning is the second most common thorized, and that these centers receive full Ms. SCHAKOWSKY. Mr. Speaker, I rise in form of unintentional death in the funding through Fiscal Year 2014. support of H.R. 5669, the Poison Center Sup- United States. In 2005 there were over A wide variety of Americans benefit from the port, Enhancement, and Awareness Act of 26,000 deaths in the United States services poison control centers provide every 2008, and I thank the bill’s sponsor, Congress- caused by the ingestion of poisons that day. The general public benefits by receiving man TOWNS, for his leadership on this issue. resulted from approximately 5 million cost-free poisoning prevention guidelines, I also want to thank Chairman PALLONE and incidents of poison exposure. And with- emergency medical advice, and follow-up calls Chairman DINGELL for working to bring this bill out question, the number of deaths and about treatment. These services prevent trips before us today. debilitating injuries resulting from to emergency rooms and keep already out- The poison control centers program has poisoning would be significantly higher rageous healthcare costs from rising even fur- proven to be a very successful program for if it weren’t for the strong network of ther. communities across the country, by providing poison centers we already have, and I represent one of the poorest districts in the a national toll-free number for poison emer- with the passage of the legislation be- State of Florida, and I have seen first hand the gencies, a national media campaign to pro- fore us today, I am confident that we challenges my constituents face in finding af- mote the use of poison centers, and a poison can make a great program even bet- fordable healthcare. A study group consisting prevention grant program. ter.’’ of medical and poison control experts has In my district alone, the Illinois Poison Cen- And thanks to all of the efforts from found that every dollar spent on poison cen- ter handled 7,021 cases last year. Statewide, the members of the Energy and Com- ters saves seven dollars in healthcare costs. 51 percent of the calls the Illinois Poison Cen- merce Committee in making this a Also, poison control centers provide edu- ter handled involved children under the age of great bipartisan bill. cational programs aimed at prevention. These 5. I just can’t imagine what families would do Mr. Speaker, with that I yield back programs help educate many uninsured Amer- without this tremendous resource. Surely, this the balance of my time. icans about means of poison prevention, and legislation which will reauthorize this program Mr. GENE GREEN of Texas. Mr. keep healthcare costs in the U.S. down by through 2014 and increase its total authoriza- Speaker, I yield myself such time as I avoiding emergency room procedures. tion to $37.5 million annually will be money may consume. In addition to saving low- and middle-in- well spent. I would like to thank my colleague, come Americans healthcare dollars, poison Not only do poison centers save lives, they who is also a member of the Energy control centers provide 24-hour emergency save time and resources by cost avoidance for and Commerce Committee, not only on and informational services via a Toll-Free Na- patients who are cared for in their homes as

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4899 opposed to visiting a hospital and by reducing member is determined by the Librarian to ‘‘(L) Screen Actors Guild.’’. lengths of stay for patients who are cared for have substantially failed to fulfill the mem- (b) NATIONAL FILM PRESERVATION FOUNDA- by a poison control center prior to arriving at ber’s responsibilities as a member of the TION.— Board.’’. (1) REAUTHORIZATION.—Section 151711(a) of a hospital. (b) NATIONAL RECORDING PRESERVATION title 36, United States Code, is amended to Again, I thank the bill’s sponsor and our FOUNDATION.— read as follows: by inserting after the first Chairmen for their work on this legislation, and (1) REAUTHORIZATION.— sentence the following: I urge my colleagues to give H.R. 5669 their (A) IN GENERAL.—Section 152411(a) of title ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— support. 36, United States Code, is amended by strik- ‘‘(1) IN GENERAL.—There are authorized to Mr. GENE GREEN of Texas. With ing ‘‘for each of the first 7 fiscal years begin- be appropriated to the Library of Congress that, Mr. Speaker, I yield back the bal- ning on or after the date of the enactment of amounts necessary to carry out this chapter, ance of my time. this chapter’’ and inserting ‘‘for the first fis- not to exceed— cal year beginning on or after the date of the ‘‘(A) $530,000 for each of the fiscal years The SPEAKER pro tempore (Mr. PAS- enactment of this chapter and each suc- 2005 through 2009; TOR). The question is on the motion of- ceeding fiscal year through fiscal year 2016’’. ‘‘(B) $750,000 for each of the fiscal years fered by the gentleman from Texas (B) EFFECTIVE DATE.—The amendment 2010 through 2011; and (Mr. GENE GREEN) that the House sus- made by subparagraph (A) shall take effect ‘‘(C) $1,000,000 for each of the fiscal years pend the rules and pass the bill, H.R. as if included in the enactment of the Na- 2012 through 2016. 5669. tional Recording Preservation Act of 2000. ‘‘(2) MATCHING.—The amounts authorized The question was taken. (2) PERMITTING BOARD MEMBERS TO SERVE to be appropriated under this subsection are The SPEAKER pro tempore. In the MORE THAN 2 TERMS.—Section 152403(b)(4) of to be made available to the corporation to match any private contributions (whether in opinion of the Chair, two-thirds being such title is amended by striking the second sentence. currency, services, or property) made to the in the affirmative, the ayes have it. (3) PERMITTING BOARD TO DETERMINE LOCA- corporation by private persons and State and Mr. GENE GREEN of Texas. Mr. TION OF PRINCIPAL OFFICE.— local governments.’’. Speaker, on that I demand the yeas (A) IN GENERAL.—Section 152406 of such (2) REPATRIATION OF FILMS FROM FOREIGN and nays. title is amended by striking ‘‘District of Co- ARCHIVES AS PURPOSE OF FOUNDATION.—Sec- The yeas and nays were ordered. lumbia.’’ and inserting ‘‘District of Columbia tion 151702(1) of such title is amended by The SPEAKER pro tempore. Pursu- or another place as determined by the Board striking ‘‘United States;’’ and inserting ant to clause 8 of rule XX and the of Directors.’’. ‘‘United States and the repatriation of American films from foreign archives;’’. Chair’s prior announcement, further (B) CONFORMING AMENDMENT.—Section (3) EXTENSION OF DEADLINE FOR FILLING VA- proceedings on this motion will be 152405(b) of such title is amended by striking ‘‘District of Columbia,’’ and inserting ‘‘juris- CANCIES IN MEMBERSHIP OF BOARD OF DIREC- postponed. diction in which the principal office of the TORS.—Section 151703(b)(5) of such title is f corporation is located,’’. amended by striking ‘‘60 days’’ and inserting ‘‘120 days’’. LIBRARY OF CONGRESS SOUND (4) CLARIFICATION OF LIMITATION ON USE OF FUNDS FOR ADMINISTRATIVE EXPENSES.—Sec- The SPEAKER pro tempore. Pursu- RECORDING AND FILM PRESER- tion 152411(b) of such title is amended to read ant to the rule, the gentleman from VATION PROGRAMS REAUTHOR- as follows: Pennsylvania (Mr. BRADY) and the gen- IZATION ACT OF 2008 ‘‘(b) LIMITATION RELATED TO ADMINISTRA- tleman from Michigan (Mr. EHLERS) TIVE EXPENSES.—Amounts authorized under Mr. BRADY of Pennsylvania. Mr. each will control 20 minutes. Speaker, I move to suspend the rules this section may not be used by the corpora- tion for management and general or fund- The Chair recognizes the gentleman and pass the bill (H.R. 5893) to reau- raising expenses as reported to the Internal from Pennsylvania. thorize the sound recording and film Revenue Service as part of an annual infor- GENERAL LEAVE preservation programs of the Library mation return required under the Internal Mr. BRADY of Pennsylvania. Mr. of Congress, and for other purposes, as Revenue Code of 1986.’’. Speaker, I ask unanimous consent that amended. SEC. 3. FILM PRESERVATION PROGRAMS. all Members have 5 legislative days to The Clerk read the title of the bill. (a) NATIONAL FILM PRESERVATION BOARD.— revise and extend their remarks in the The text of the bill is as follows: (1) REAUTHORIZATION.— RECORD and to include extraneous mat- H.R. 5893 (A) IN GENERAL.—Section 112 of the Na- ter. tional Film Preservation Act of 1996 (2 U.S.C. The SPEAKER pro tempore. Is there Be it enacted by the Senate and House of Rep- 179v) is amended by inserting after ‘‘the Li- resentatives of the United States of America in brarian’’ the following: ‘‘for the first fiscal objection to the request of the gen- Congress assembled, year beginning on or after the date of the en- tleman from Pennsylvania? SECTION 1. SHORT TITLE. actment of this Act and each succeeding fis- There was no objection. This Act may be cited as the ‘‘Library of cal year through fiscal year 2016’’. Mr. BRADY of Pennsylvania. Mr. Congress Sound Recording and Film Preser- (B) CONFORMING AMENDMENT.—Section 113 Speaker, I yield myself such time as I vation Programs Reauthorization Act of of such Act (2 U.S.C. 179w) is amended by may consume. 2008’’. striking the first sentence. This bill reauthorizes the Sound Re- SEC. 2. SOUND RECORDING PRESERVATION PRO- (C) EFFECTIVE DATE.—The amendments cording and Film Preservation Pro- GRAMS. made by this paragraph shall take effect as grams of the Library of Congress (a) NATIONAL RECORDING PRESERVATION if included in the enactment of the National through the year 2016. BOARD.— Film Preservation Act of 1996. The National Film Preservation (1) REAUTHORIZATION.— (2) EXPANDING AUTHORIZED USES OF SEAL.— (A) IN GENERAL.—Section 133 of the Na- Section 103(b) of such Act (2 U.S.C. 179m(b)) Board was created in 1988 to address tional Recording Preservation Act of 2000 (2 is amended by adding at the end the fol- the rapid deterioration of important U.S.C. 1743) is amended by striking ‘‘for each lowing: ‘‘The Librarian may authorize the films. The Film Preservation Board is of the first 7 fiscal years beginning on or use of the seal by the Library or by others responsible for identifying and pre- after the date of the enactment of this Act’’ for other limited purposes in order to pro- serving films they deem are ‘‘cul- and inserting ‘‘for the first fiscal year begin- mote in the National Film Registry when ex- turally, historically, or aesthetically ning on or after the date of the enactment of hibiting, showing, or otherwise dissemi- significant.’’ Along with the National this Act and each succeeding fiscal year nating films in the Registry.’’. Film Preservation Foundation, the through fiscal year 2016’’. (3) UPDATING NAMES OF ORGANIZATIONS REP- (B) EFFECTIVE DATE.—The amendment RESENTED ON BOARD.—Section 104(a)(1) of Film Preservation Board ensures that made by subparagraph (A) shall take effect such Act (2 U.S.C. 179n(a)(1)) is amended— all generations from all over the world as if included in the enactment of the Na- (A) in subparagraph (E), by striking ‘‘Cin- will be able to view these remarkable tional Recording Preservation Act of 2000. ema’’ and inserting ‘‘Cinema and Media’’; films and experience their power and (2) CRITERIA FOR REMOVAL OF MEMBERS.— (B) in subparagraph (G), by striking ‘‘De- importance firsthand. Section 122(d)(2) of such Act (2 U.S.C. partment of Film and Television’’ and insert- The National Recording Preservation 1722(d)(2)) is amended to read as follows: ing ‘‘Department of Film, Television, and Board was created by the National Re- ‘‘(2) REMOVAL OF MEMBERS.—The Librarian Digital Media’’; cording Preservation Act of 2000. There shall have the authority to remove any (C) in subparagraph (H), by striking ‘‘Film member of the Board if the member fails, and Television’’ and inserting ‘‘Cinema Stud- are currently 225 entries in the Na- after receiving proper notification, to attend ies’’; and tional Recording Registry, and that (or send a designated alternate to attend) a (D) by amending subparagraph (L) to read number may only continue to grow. regularly scheduled Board meeting, or if the as follows: From music to historical speeches, the

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4900 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Recording Preservation Board makes I rise today in support of H.R. 5893, Mr. DAVIS of Illinois. I want to certain that future generations can ex- which will reauthorize the Library of thank Chairman BRADY for yielding, perience these historically important Congress’s Sound Record and Film and I also want to commend him for and powerful sounds that helped shape Preservation Program. It is an impor- the introduction of this legislation. decades. tant bill, which will preserve the im- Mr. Speaker, I have always been a It is necessary that we reauthorize ages and sounds of our Nation’s history great fan of libraries, and, obviously, the Recording and Film Boards to and make those pieces of the past more I’m a great fan of the Library of Con- allow them to continue their vital mis- accessible to future generations. gress. And I believe that having as sion. We will see to it that those who The importance of this effort was il- much information and material as we come after us will be able to listen to lustrated just this weekend when Uni- can possibly have is of great benefit and witness those sounds and sights versal Studios in California had a not only to the preservation of our his- that are essential to our national her- mammoth fire in which some priceless tory and culture but also a benefit to itage. films were lost, and all films, if they those who are seeking information, HOUSE OF REPRESENTATIVES, were recorded and in the Library of those who want to be educated in many COMMITTEE ON THE JUDICIARY, Congress, would not face this problem. of the different and various ways that Washington, DC, June 4, 2008. The National Film Preservation education takes place. So I rise in Hon. ROBERT A. BRADY, Board was formed in 1993 following a strong support of this legislation. Chairman, Committee on House Administration, study that revealed that America’s Mr. EHLERS. Mr. Speaker, I have no House of Representatives, Washington, DC. film heritage was at serious risk due to further requests for time, so I will at- DEAR CHAIRMAN BRADY: This is to advise the degradation of acetate film stock you that, as a result of your working with us tempt to conclude here. at an alarming rate. Funding for pres- I just want to recognize the good to make appropriate revisions to provisions ervation programs had fallen dras- in H.R. 5893, the Library of Congress Sound work that the board has done, the im- Recording and Film Preservation Programs tically since 1980, creating an urgent portance of the preservation of both Reauthorization Act of 2008, that fall within need for action. A national plan to pro- visual and audio recordings, as Mr. the rule X jurisdiction of the Committee on tect our Nation’s treasures on film was DAVIS has just said. And it may be that the Judiciary, we are able to agree to dis- created in 1994 to address the growing 100, 150 years from now, someone will charging our committee from further consid- need for preservation and to make resurrect Pavarotti, Dizzy Gillespie, eration of the bill in order that it may pro- films more available for education and Ella Fitzgerald, some of the great mu- ceed without delay to the House floor for public exhibition. consideration. sicians of our time, and say look what I must confess, Mr. Speaker, to some we have lost in our culture, and we The Judiciary Committee takes this action frustration that we have to come in with the understanding that by foregoing may see a rejuvenation of those. further consideration of H.R. 5893 at this and save the films that the film indus- So I strongly support this bill and time, we do not waive any jurisdiction over try has not taken care of. Obviously urge its passage. subject matter contained in this or similar they’re making enough money when Mr. CONYERS. Mr. Speaker, we cannot legislation. We also reserve the right to seek they pull down $300 million in one allow our cultural, historical or visually signifi- appointment of an appropriate number of weekend for certain films. I would cant treasures to disappear into the fog of conferees to any House-Senate conference in- think they would have the wherewithal volving this important legislation, and re- time. That is why I fully support both reauthor- to preserve their own films. Neverthe- izations contained within H.R. 5893. quest your support if such a request is made. less, since they have not, the Congress I would appreciate your including this let- Our written traditions have libraries which ter in the Congressional Record during con- has had to step in to do it. archive and preserve them. The program we In 1999 Congress created the Sound sideration of the bill on the House floor. reauthorize today provides a mechanism for Recording Preservation Program mod- Thank you for your attention to this re- similar archiving for sound and visual arts, en- eled on the successful National Film quest, and for the cooperative relationship couraging their preservation and accessibility Preservation Program. This new pro- between our two committees. for ourselves and for future generations de- Sincerely, gram would protect historic pieces of spite rapid changes in visual and sound re- JOHN CONYERS, Jr., audio recordings from deterioration. Chairman. These audio recordings are extremely cording media. H.R. 5893 would reauthorize the sound re- important and should be preserved as OUSE OF EPRESENTATIVES OM cording and film preservation programs of the H R , C - well. Through the creation of this pro- MITTEE ON HOUSE ADMINISTRA- Library of Congress and make a few small gram, the Sound Recording Preserva- TION, changes to improve the efficiency and effec- Washington, DC, June 4, 2008. tion Board was instructed to produce a report on the current state of sound re- tiveness of the programs such as by encour- Hon. JOHN CONYERS, aging more active participation by board mem- Chairman, Committee on the Judiciary, cording archiving, preservation and House of Representatives, Washington, DC. restoration activities, encompassing bers. I am particularly interested in the progress DEAR MR. CHAIRMAN: Thank you for your standards for digital preservation and letter regarding your committee’s jurisdic- for access to preserved recordings. The of the Library of Congress on its study and re- tional interest in H.R. 5893, a bill to reau- program also includes research on cur- port on sound recordings. In speaking with thorize the sound recording and film preser- rent laws governing sound preservation members of the artist community, it has be- vation programs of the Library of Congress. come clear to me that art forms such as jazz I appreciate your willingness to support and how the Library and other institu- tions can make collections more avail- are not being archived, preserved, and re- expediting floor consideration of this impor- stored to the extent necessary to prevent the tant legislation today. I understand and able to researchers digitally. agree that this is without prejudice to your This bill will continue the good work disappearance of some of the older record- Committee’s jurisdictional interests in this started by the Sound Recording and ings. This reauthorization will enable the Li- or similar legislation in the future. In the Film Preservation Program staff and brary of Congress to continue the study and event a House-Senate conference on this or their respective boards. Historians, report on ways the National Recording Preser- similar legislation is convened, I would sup- scholars, and citizens will benefit from vation Board can better ensure the continued port your request for an appropriate number increased access to these important availability of seminal pieces of historical jazz of conferees. works, and the items themselves will and other forms of music. I will place a copy of your letter and this This country, indeed the world, recently lost response in the Congressional Record during be preserved for many more genera- consideration of H.R. 5893. Thank you for tions to come under these programs. a music great, a pioneer who helped lead your cooperation as we work towards enact- I fully support this bill and thank rhythm and blues into rock and roll, an artist ment of this legislation. Chairman BRADY for his efforts to of the highest esteem, ‘‘Bo Diddley.’’ Through Sincerely, bring this matter to the floor. the continuation of these important archive ROBERT A. BRADY, Mr. Speaker, I reserve the balance of programs, we can help make sure that Bo Chairman. my time. Diddley and others will be long remembered Mr. Speaker, I reserve the balance of Mr. BRADY of Pennsylvania. Mr. for their special contributions to our culture. my time. Speaker, it is now my pleasure to yield Though we may mourn the passing of the mu- Mr. EHLERS. Mr. Speaker, I yield 2 minutes to the gentleman from Illi- sician, we need never mourn the loss of the myself such time as I may consume. nois (Mr. DAVIS). music.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4901 Mr. EHLERS. Mr. Speaker, I yield (A) in subsection (a), by striking ‘‘the Cap- ‘‘(A) IN GENERAL.—Any statutory function, back the balance of my time. itol Police Board’’ and inserting ‘‘the Chief duty, or authority of the Chief Administra- Mr. BRADY of Pennsylvania. Mr. of the Capitol Police’’; and tive Officer of the House of Representatives Speaker, as always, I would like to (B) in subsection (b)(1), by striking ‘‘the or the Secretary of the Senate as disbursing Capitol Police Board’’ and inserting ‘‘the officers for the Capitol Police shall transfer thank the ranking member, my friend Chief of the Capitol Police’’. to the Chief of the Capitol Police as the sin- from Michigan, for his cooperation, and (4) REPEAL OF COMMITTEE APPROVAL FOR AP- gle disbursing officer for the Capitol Police. I urge an ‘‘aye’’ vote. POINTMENTS, TERMINATIONS, AND PRO- ‘‘(B) AUTHORITY TO SEEK WAIVERS FOR Mr. Speaker, I yield back the balance MOTIONS.—Section 1018(e)(1)(B) of the Legis- CLAIMS TO RECOVER ERRONEOUS PAYMENTS.— of my time. lative Branch Appropriations Act, 2003 (2 In the case of the authority to waive a claim The SPEAKER pro tempore. The U.S.C. 1907(e)(1)(B)) is amended to read as of the United States against a person arising question is on the motion offered by follows: out of an erroneous payment of any pay or allowances to an officer or employee of the the gentleman from Pennsylvania (Mr. ‘‘(B) SPECIAL RULES FOR CERTAIN ACTIONS.— ‘‘(i) PRIOR NOTICE REQUIRED FOR APPOINT- Capitol Police— RADY B ) that the House suspend the MENTS, TERMINATIONS, AND PROMOTIONS.—In ‘‘(i) the Chief of the Capitol Police shall rules and pass the bill, H.R. 5893, as carrying out the authority under this para- exercise such authority in the same manner amended. graph, the Chief of the Capitol Police may as the Secretary of the Senate under section The question was taken; and (two- carry out any of the following actions only 2 of the Act entitled ‘An Act to authorize the thirds being in the affirmative) the after providing notice to the Committee on waiver of claims of the United States arising rules were suspended and the bill, as House Administration of the House of Rep- out of erroneous payments of pay and allow- amended, was passed. resentatives and the Committee on Rules ances to certain officers and employees of the legislative branch’, approved July 25, A motion to reconsider was laid on and Administration of the Senate and receiv- ing an acknowledgment from each such Com- 1974 (2 U.S.C. 130c); the table. mittee that the Committee has received the ‘‘(ii) an application for a waiver of such a f notice: claim shall be investigated by the Chief Ad- ‘‘(I) The appointment or termination of ministrative Officer of the Capitol Police, b 1215 any officer, member, or employee. who shall submit a written report of the in- vestigation to the Chief; and UNITED STATES CAPITOL POLICE ‘‘(II) The promotion of any noncivilian of- ficer, member, or employee to any rank ‘‘(iii) an application for a waiver of such a ADMINISTRATIVE TECHNICAL higher than Private First Class or the pro- claim in an amount aggregating more than CORRECTIONS ACT OF 2008 motion of any civilian employee to any posi- $1,500 may also be investigated by the Comp- Mr. BRADY of Pennsylvania. Mr. tion. troller General, who shall submit a written Speaker, I move to suspend the rules ‘‘(ii) APPROVAL REQUIRED FOR ESTABLISH- report of the investigation to the Chief.’’. (2) EFFECTIVE DATE.—The amendment and pass the bill (H.R. 5972) to make MENT OF NEW POSITIONS, RECLASSIFICATION OF POSITIONS, AND REORGANIZATION PLANS.—The made by paragraph (1) shall apply as if in- technical corrections to the laws af- establishment by the Chief of the Capitol Po- cluded in the enactment of the Legislative fecting certain administrative authori- lice of any new position for officers, mem- Branch Appropriations Act, 2003, except that ties of the United States Capitol Po- bers, or employees of the Capitol Police, the nothing in the amendment may be construed lice, and for other purposes, as amend- reclassification by the Chief of any position to affect the validity of any waiver granted ed. for officers, members, or employees of the prior to the date of the enactment of this The Clerk read the title of the bill. Capitol Police, and any reorganization plan Act with respect to a claim of the United The text of the bill is as follows: for the Capitol Police shall be subject to the States against a person arising out of an er- approval of the Committees referred to in roneous payment of any pay or allowances to H.R. 5972 clause (i).’’. an officer or employee of the United States Be it enacted by the Senate and House of Rep- (5) CONFORMING APPLICATION OF CONGRES- Capitol Police. resentatives of the United States of America in SIONAL ACCOUNTABILITY ACT OF 1995.— (d) MODIFICATION OF AUTHORITY TO MAKE Congress assembled, (A) IN GENERAL.—Section 101(9)(D) of the ADVANCE PAYMENTS FOR SUBSCRIPTION SERV- SECTION 1. SHORT TITLE. Congressional Accountability Act of 1995 (2 ICES.— This Act may be cited as the ‘‘United U.S.C. 1301(9)(D)) is amended by striking (1) IN GENERAL.—Section 1002 of the Legis- States Capitol Police Administrative Tech- ‘‘the Capitol Police Board,’’ and inserting lative Branch Appropriations Act, 2008 (Pub- nical Corrections Act of 2008’’. ‘‘the United States Capitol Police,’’. lic Law 110–161) is amended— (A) by striking ‘‘fiscal year 2008 and each SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE (B) NO EFFECT ON CURRENT PROCEEDINGS.— CHIEF OF THE CAPITOL POLICE. Nothing in the amendment made by subpara- succeeding fiscal year’’ and inserting ‘‘each of the fiscal years 2008 through 2012’’; and (a) CLARIFICATION OF CERTAIN HIRING AU- graph (A) may be construed to affect any (B) by inserting after ‘‘the Senate,’’ the THORITIES.— procedure initiated under title IV of the Con- following: ‘‘the Committee on House Admin- (1) CHIEF ADMINISTRATIVE OFFICER.—Sec- gressional Accountability Act of 1995 prior to istration of the House of Representatives, tion 108(a) of the Legislative Branch Appro- the date of the enactment of this Act. and the Committee on Rules and Adminis- priations Act, 2001 (2 U.S.C. 1903(a)) is (6) NO EFFECT ON CURRENT PERSONNEL.— tration of the Senate,’’. amended to read as follows: Nothing in the amendments made by this (2) EFFECTIVE DATE.—The amendments ‘‘(a) CHIEF ADMINISTRATIVE OFFICER.— subsection may be construed to affect the made by paragraph (1) shall take effect as if ‘‘(1) ESTABLISHMENT.—There shall be with- status of any individual serving as an officer included in the enactment of the Legislative in the Capitol Police an Office of Adminis- or employee of the United States Capitol Po- Branch Appropriations Act, 2008. tration, to be headed by the Chief Adminis- lice as of the date of the enactment of this (e) PRIOR NOTICE TO AUTHORIZING COMMIT- trative Officer, who shall report to and serve Act. TEES OF DEPLOYMENT OUTSIDE JURISDIC- at the pleasure of the Chief of the Capitol (b) DEPOSIT OF REIMBURSEMENTS FOR LAW TION.—Section 1007(a)(1) of the Legislative ENFORCEMENT ASSISTANCE.— Police. Branch Appropriations Act, 2005 (2 U.S.C. (1) IN GENERAL.—Section 2802 of the Supple- ‘‘(2) APPOINTMENT.—The Chief Administra- 1978(a)(1)) is amended by striking ‘‘prior no- tive Officer shall be appointed by the Chief mental Appropriations Act, 2001 (2 U.S.C. tification to’’ and inserting the following: of the Capitol Police, after consultation with 1905) is amended— ‘‘prior notification to the Committee on the Capitol Police Board. (A) in subsection (a)(1), by striking ‘‘Cap- House Administration of the House of Rep- ‘‘(3) COMPENSATION.—The annual rate of itol Police Board’’ each place it appears and resentatives, the Committee on Rules and pay for the Chief Administrative Officer inserting ‘‘United States Capitol Police’’; Administration of the Senate, and’’. shall be the amount equal to $1,000 less than and SEC. 3. GENERAL COUNSEL TO THE CHIEF OF PO- the annual rate of pay in effect for the Chief (B) in subsection (a)(2), by striking ‘‘Cap- LICE AND THE UNITED STATES CAP- of the Capitol Police.’’. itol Police Board’’ and inserting ‘‘Chief of ITOL POLICE. (2) PERSONNEL OF OFFICE OF ADMINISTRA- the United States Capitol Police’’. (a) APPOINTMENT AND SERVICE.— TION.—Section 108(c)(1) of the Legislative (2) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—There shall be within the Branch Appropriations Act, 2001 (2 U.S.C. made by paragraph (1) shall take effect as if United States Capitol Police the General 1903(c)(1)) is amended— included in the enactment of the Supple- Counsel to the Chief of Police and the United (A) by striking ‘‘The Chief Administrative mental Appropriations Act, 2001. States Capitol Police (hereafter in this sub- Officer’’ and inserting ‘‘The Chief of the Cap- (c) AUTHORITY TO SEEK WAIVERS FOR section referred to as the ‘‘General Coun- itol Police’’; and CLAIMS TO RECOVER ERRONEOUS PAYMENTS.— sel’’). (B) by striking ‘‘but shall not’’ and all that (1) IN GENERAL.—Section 1018(a)(2) of the (2) APPOINTMENT.—The General Counsel follows and inserting a period. Legislative Branch Appropriations Act, 2003 shall be appointed by the Chief of the Capitol (3) CERTIFYING OFFICERS.—Section 107 of (2 U.S.C. 1907(a)(2)) is amended to read as fol- Police in accordance with section the Legislative Branch Appropriations Act, lows: 1018(e)(1)(B)(i) of the Legislative Branch Ap- 2001 (2 U.S.C. 1904) is amended— ‘‘(2) TRANSFER.— propriations Act, 2003 (2 U.S.C.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4902 CONGRESSIONAL RECORD — HOUSE June 4, 2008 1907(e)(1)(B)(i)) (as amended by section (C) the sum of the total amount of the Legislative Branch Appropriation Act, 1943 2(a)(4)), without regard to political affili- compensation paid to the individual for the (56 Stat. 343; 2 U.S.C. 2023) is amended by ation and solely on the basis of fitness to overtime work (as determined on the basis of striking ‘‘other than for officers and privates perform the duties of the position. the monetary value established under sub- of the Capitol Police’’ each place it appears (3) COMPENSATION.—The annual rate of pay paragraph (B)) and the total regular com- and inserting ‘‘other than for the United for the General Counsel shall be the amount pensation paid to the individual with respect States Capitol Police’’. equal to $1,000 less than the annual rate of to the pay period involved may not exceed an (d) CLARIFICATION OF APPLICABILITY OF U.S. pay in effect for the Chief of the Capitol Po- amount equal to the cap on the aggregate CAPITOL POLICE AND LIBRARY OF CONGRESS lice. amount of annual compensation that may be POLICE MERGER IMPLEMENTATION ACT OF (4) CONFORMING AMENDMENT.—House Reso- paid to the individual under applicable law 2007.— lution 661, Ninety-fifth Congress, agreed to during the year in which the pay period oc- (1) REPEAL OF DUPLICATE PROVISIONS.—Ef- July 29, 1977, as enacted into permanent law curs, as allocated on a per pay period basis fective as if included in the enactment of the by section 111 of the Legislative Branch Ap- consistent with premium pay regulations of Legislative Branch Appropriations Act, 2008 propriation Act, 1979 (2 U.S.C. 1901 note) is the Capitol Police Board. (Public Law 110—161), section 1004 of such repealed. (2) EXEMPT INDIVIDUALS DEFINED.—In this Act is repealed, and any provision of law (5) NO EFFECT ON CURRENT GENERAL COUN- subsection, an ‘‘exempt individual’’ is an of- amended or repealed by such section is re- SEL.—Nothing in this subsection or the ficer or employee of the United States Cap- stored or revived to read as if such section amendments made by this subsection may be itol Police— had not been enacted into law. construed to affect the status of the indi- (A) who is classified under regulations (2) NO EFFECT ON OTHER ACT.—Nothing in vidual serving as the General Counsel to the issued pursuant to section 203 of the Con- paragraph (1) may be construed to prevent Chief of Police and the United States Capitol gressional Accountability Act of 1995 (2 the enactment or implementation of any Police as of the date of the enactment of this U.S.C. 1313) as exempt from the application provision of the U.S. Capitol Police and Li- Act. of the rights and protections established by brary of Congress Police Merger Implemen- tation Act of 2007 (Public Law 110—178), in- (b) CONFORMING AMENDMENT TO LEGAL REP- subsections (a)(1) and (d) of section 6, section cluding any provision of such Act that RESENTATION AUTHORITY.— 7, and section 12(c) of the Fair Labor Stand- amends or repeals a provision of law which is (1) IN GENERAL.—Section 1002(a)(2)(A) of ards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), restored or revived pursuant to paragraph the Legislative Branch Appropriations Act, 207, 212(c)); or (1). 2004 (2 U.S.C. 1908(a)(2)(A)) is amended by (B) whose annual rate of pay is not estab- (e) AUTHORITY OF CHIEF OF POLICE.— striking ‘‘the General Counsel for the United lished specifically under any law. (1) REPEAL OF CERTAIN PROVISIONS CODIFIED States Capitol Police Board and the Chief of (3) CONFORMING AMENDMENT.— IN TITLE 2, UNITED STATES CODE.—The provi- the Capitol Police’’ and inserting ‘‘the Gen- (A) IN GENERAL.—Section 1009 of the Legis- sions appearing in the first paragraph under eral Counsel to the Chief of Police and the lative Branch Appropriations Act, 2003 (Pub- the heading ‘‘Capitol Police’’ in the Act of United States Capitol Police’’. lic Law 108—7; 117 Stat. 359) is repealed. April 28, 1902 (ch. 594, 32 Stat. 124), and the (2) NO EFFECT ON CURRENT PROCEEDINGS.— (B) EFFECTIVE DATE.—The amendment provisions appearing in the first paragraph Nothing in the amendment made by para- made by subparagraph (A) shall take effect under the heading ‘‘Capitol Police’’ in title I graph (1) may be construed to affect the au- as if included in the enactment of the Legis- of the Legislative and Judiciary Appropria- thority of any individual to enter an appear- lative Branch Appropriations Act, 2003, ex- tion Act, 1944 (ch. 173, 57 Stat. 230), insofar as ance in any proceeding before any court of cept that the amendment shall not apply all of those provisions are related to the sen- the United States or of any State or political with respect to any overtime work per- tence ‘‘The captain and lieutenants shall be subdivision thereof which is initiated prior formed prior to the date of the enactment of selected jointly by the Sergeant at Arms of to the date of the enactment of this Act. this Act. (c) AUTHORITY TO SUSPEND EMPLOYEES FOR the Senate and the Sergeant at Arms of the SEC. 4. CLARIFICATION OF AUTHORITIES RE- APPROPRIATE REASONS.— House of Representatives; and one-half of the GARDING CERTAIN PERSONNEL privates shall be selected by the Sergeant at BENEFITS. (1) IN GENERAL.—Section 1018(e)(1)(A) of the Legislative Branch Appropriations Act, 2003 Arms of the Senate and one-half by the Ser- (a) NO LUMP SUM PAYMENT PERMITTED FOR (2 U.S.C. 1907(e)(1)(A)) is amended by insert- geant at Arms of the House of Representa- UNUSED COMPENSATORY TIME.— ing ‘‘suspend with or without pay,’’ after tives.’’, which appears in 2 U.S.C. 1901 (2000 (1) IN GENERAL.—No officer or employee of ‘‘hire,’’. Edition, Supp. V), are repealed. the United States Capitol Police whose serv- (2) RESTORATION OF REPEALED PROVISION.— ice with the United States Capitol Police is (2) REPEAL OF RELATED OBSOLETE PROVI- SIONS.—(A) Section 1823 of the Revised Stat- Section 1018(h)(1) of the Legislative Branch terminated may receive any lump-sum pay- Appropriations Act, 2003 (Public Law 108–7, ment with respect to accrued compensatory utes of the United States (2 U.S.C. 1928) is hereby repealed. div. H, title I, 117 Stat. 368) is repealed, and time off, except to the extent permitted the sentence ‘‘The Capitol Police shall be under section 203(c)(4) of the Congressional (B) The proviso in the Act of Mar. 3, 1875 (ch. 129; 18 Stat. 345.), popularly known as headed by a Chief who shall be appointed by Accountability Act of 1995 (2 U.S.C. the Capitol Police Board and shall serve at 1313(c)(4)). the ‘‘Legislature, Executive, and Judicial Appropriation Act, fiscal year 1876’’, which is the pleasure of the Board.’’, which was re- (2) REPEAL OF RELATED OBSOLETE PROVI- codified at section 1929 of title 2, United pealed by such section, is restored to appear SIONS.—(A) Section 3 of House Resolution States Code (2000 Editions, Supp. V), is re- at the end of section 1821 of the Revised 449, Ninety-second Congress, agreed to June Statutes of the United States (2 U.S.C. 1901). 2, 1971, as enacted into permanent law by pealed. SEC. 5. OTHER MISCELLANEOUS TECHNICAL (3) CONFORMING AMENDMENT.—The first sen- chapter IV of the Supplemental Appropria- tence of section 1821 of the Revised Statutes tions Act, 1972 (85 Stat. 636) (2 U.S.C. 1924), CORRECTIONS. (a) REPEAL OF OBSOLETE PROCEDURES FOR of the United States (2 U.S.C. 1901) is amend- together with any other provision of law INITIAL APPOINTMENT OF CHIEF ADMINISTRA- ed by striking ‘‘, the members of which shall which relates to compensatory time for the TIVE OFFICER.—Section 108 of the Legislative be appointed by the Sergeants-at-Arms of Capitol Police which is codified at section Branch Appropriations Act, 2001 (2 U.S.C. the two Houses and the Architect of the Cap- 1924 of title 2, United States Code (2000 Edi- 1903) is amended by striking subsections (d) itol Extension’’. tions, Supp. V), is hereby repealed. through (g). (4) EFFECTIVE DATE.—The amendments (B) The last full paragraph under the head- (b) REPEAL OF REQUIREMENT THAT OFFICERS made by this subsection shall take effect as ing ‘‘Administrative Provisions’’ in the ap- PURCHASE OWN UNIFORMS.—Section 1825 of if included in the enactment of the Legisla- propriation for the Senate in the Legislative the Revised Statutes of the United States (2 tive Branch Appropriations Act, 2003. Branch Appropriations Act, 1972 (85 Stat. 130) U.S.C. 1943) is repealed. The SPEAKER pro tempore. Pursu- (2 U.S.C. 1925) is hereby repealed. (c) REPEAL OF REFERENCES TO OFFICERS (b) OVERTIME COMPENSATION FOR OFFICERS AND PRIVATES IN AUTHORITIES RELATING TO ant to the rule, the gentleman from AND EMPLOYEES EXEMPT FROM FAIR LABOR HOUSE AND SENATE OFFICE BUILDINGS.— Pennsylvania (Mr. BRADY) and the gen- STANDARDS ACT OF 1938.— (1) HOUSE OFFICE BUILDINGS.—The item re- tleman from Michigan (Mr. EHLERS) (1) CRITERIA UNDER WHICH COMPENSATION lating to ‘‘House of Representatives Office each will control 20 minutes. PERMITTED.—The Chief of the Capitol Police Building’’ in the Act entitled ‘‘An Act mak- The Chair recognizes the gentleman may provide for the compensation of over- ing appropriations for sundry civil expenses from Pennsylvania. time work of exempt individuals which is of the Government for the fiscal year ending GENERAL LEAVE performed on or after the date of the enact- June thirtieth, nineteen hundred and eight, Mr. BRADY of Pennsylvania. I ask ment of this Act, in the form of additional and for other purposes’’, approved March 4, unanimous consent that all Members pay or compensatory time off, only if— 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended (A) the overtime work is carried out in by striking ‘‘other than officers and privates may have 5 legislative days in which to connection with special circumstances, as of the Capitol police’’ each place it appears revise and extend their remarks on the determined by the Chief; and inserting ‘‘other than the United States bill under consideration. (B) the Chief has established a monetary Capitol Police’’. The SPEAKER pro tempore. Is there value for the overtime work performed by (2) SENATE OFFICE BUILDINGS.—The item re- objection to the request of the gen- such individual; and lating to ‘‘Senate Office Building’’ in the tleman from Pennsylvania?

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4903 There was no objection. Capitol Police’s jurisdiction. This lan- NATIONAL NANOTECHNOLOGY INI- Mr. BRADY of Pennsylvania. Mr. guage further strengthens this commit- TIATIVE AMENDMENTS ACT OF Speaker, I yield myself such time as I tee’s function as an oversight body and 2008 may consume. allows us to address any such issues as Mr. GORDON of Tennessee. Mr. I am pleased to present the United they occur. Speaker, I move to suspend the rules States Capitol Police Administrative I thank Chairman BRADY for his work and pass the bill (H.R. 5940) to author- Technical Corrections Act of 2008. As on this bill, which will, upon its pas- ize activities for support of nanotech- its title suggests, H.R. 5972 is not in- sage, create a stronger law enforce- nology research and development, and tended to make substantive policy ment organization, and a safer, more for other purposes, as amended. changes for the Capitol Police. It cor- secure Capitol complex. The Clerk read the title of the bill. rects drafting errors, modernizes out- I reserve the balance of my time. The text of the bill is as follows: dated terms, and repeals redundant and H.R. 5940 inconsistent provisions already on the Mr. BRADY of Pennsylvania. I have books. no further speakers. Be it enacted by the Senate and House of Rep- Mr. EHLERS. I have no further resentatives of the United States of America in My favorite correction is a long over- Congress assembled, due repeal of the 1868 law requiring speakers. I will make some concluding SECTION 1. SHORT TITLE. Capitol Police officers to buy their uni- comments. This Act may be cited as the ‘‘National forms. Congress decided years ago to First of all, Mr. Speaker, I want to Nanotechnology Initiative Amendments Act of provide their uniforms, but has never thank my chairman, Mr. BRADY. He 2008’’. repealed the 1868 law. Chief Phillip and I have worked very, very well to- SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM Morse requested most of these correc- gether on a number of issues, and I be- AMENDMENTS. tions, the committee found others, and lieve that, if there were a competition, The 21st Century Nanotechnology Research we included several excellent sugges- we would probably hold the prize and Development Act (15 U.S.C. 7501 et seq.) is tions offered by the gentleman from amended— among the committees of the House as (1) by striking section 2(c)(4) and inserting the Michigan (Mr. EHLERS). Again, it was a to the best functioning committees following new paragraph: pleasure to work with him and his who really try to get business done ‘‘(4) develop, within 12 months after the date staff, as always. without a lot of partisanship. I com- of enactment of the National Nanotechnology The bill has the support of Chief mend my colleague for his great atti- Initiative Amendments Act of 2008, and update Morse and our House Sergeant-at- tude on this. every 3 years thereafter, a strategic plan to Arms, Wilson Livingood, and I urge an guide the activities described under subsection One other comment I will make in re- (b) that specifies near-term and long-term objec- ‘‘aye’’ vote. gard to the Capitol Police. The one I reserve the balance of my time. tives for the Program, the anticipated time area we did not examine, which I think Mr. EHLERS. Mr. Speaker, I rise frame for achieving the near-term objectives, needs examination at some point, and I today in support of H.R. 5972. While I and the metrics to be used for assessing progress hope our committee will take it up at toward the objectives, and that describes— would have preferred that we would some point, the duties of the Capitol ‘‘(A) how the Program will move results out of have addressed these items in regular Police Board are not as clearly out- the laboratory and into applications for the ben- order, I am pleased that the proposed lined as they might be. The composi- efit of society, including through cooperation technical corrections in this bill will and collaborations with nanotechnology re- tion, I believe, is lacking. We have a create a stronger operational frame- search, development, and technology transition GAO report of a few years ago which work for the Capitol Police. As often initiatives supported by the States; pointed out some severe shortcomings happens when language is tied to an ‘‘(B) how the Program will encourage and in the operations and decision-making appropriations bill in a hasty fashion, support interdisciplinary research and develop- processes of the Capitol Police Board, ment in nanotechnology; and several requirements in the original and I think we would be well-served in ‘‘(C) proposed research in areas of national legislation governing Capitol Police this institution to re-examine that importance in accordance with the requirements operations proved problematic under issue. of section 5 of the National Nanotechnology Ini- greater scrutiny and further use. This tiative Amendments Act of 2008;’’; bill will bring clarity to the adminis- We have done so much in the past (2) in section 2— tration of the U.S. Capitol Police and decade to modernize the police force; (A) in subsection (d)— will eliminate those provisions which make them provide more ready re- (i) by redesignating paragraphs (1) through sponses to the trauma that we face (5) as paragraphs (2) through (6), respectively; are in conflict with one another or are and antiquated and therefore unnecessary. today in this time of terrorism. I think we would be well-advised to look at the (ii) by inserting the following new paragraph I would also point out that this illus- before paragraph (2), as so redesignated by trates the importance of the appropria- governing structure once again too, clause (i) of this subparagraph: tions subcommittees to work together which to my knowledge, has not been ‘‘(1) the Program budget, for the previous fis- with the authorizing committees, be- examined for a long time. cal year, for each agency that participates in cause virtually all the problems that With that, I will yield back the bal- the Program, including a breakout of spending have arisen in the past in this area re- ance of my time. for the development and acquisition of research facilities and instrumentation, for each program sulted from a lack of cooperation be- Mr. BRADY of Pennsylvania. Again, I component area, and for all activities pursuant tween the authorizing and appro- thank the gentleman from Michigan. to subsection (b)(10);’’; and priating committees. He is right: it is a pleasure to work to- (B) by inserting at the end the following new The changes specified in this bill will gether. I look forward to working to- subsection: also establish a transparent and deci- gether with you in your interest on the ‘‘(e) STANDARDS SETTING.—The agencies par- sive governance framework and create Capitol Police Board. With that, I urge ticipating in the Program shall support the ac- a clear reporting structure within the an ‘‘aye’’ vote. tivities of committees involved in the develop- ment of standards for nanotechnology and may U.S. Capitol Police. The clarified lan- I yield back the balance of my time. guage provides the Chief of the Capitol reimburse the travel costs of scientists and engi- The SPEAKER pro tempore. The neers who participate in activities of such com- Police with explicit authority to per- mittees.’’; form all hiring and termination ac- question is on the motion offered by the gentleman from Pennsylvania (Mr. (3) by striking section 3(b) and inserting the tions, which will assist the U.S. Capitol following new subsection: BRADY) that the House suspend the Police’s legal staff in executing its du- ‘‘(b) FUNDING.—(1) The operation of the Na- ties regarding personnel matters. rules and pass the bill, H.R. 5972, as tional Nanotechnology Coordination Office This bill also clarifies that the Cap- amended. shall be supported by funds from each agency itol Police must notify this committee, The question was taken; and (two- participating in the Program. The portion of as well as the Senate Rules and Admin- thirds being in the affirmative) the such Office’s total budget provided by each agency for each fiscal year shall be in the same istration Committee, of substantive ad- rules were suspended and the bill, as amended, was passed. proportion as the agency’s share of the total ministrative and operational actions, budget for the Program for the previous fiscal such as notices of personnel actions or A motion to reconsider was laid on year, as specified in the report required under deployment of personnel outside of the the table. section 2(d)(1).

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6333 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4904 CONGRESSIONAL RECORD — HOUSE June 4, 2008 ‘‘(2) The annual report under section 2(d) to be satisfied. Each triennial review shall in- under section 4(a) of the 21st Century shall include— clude an evaluation of the— Nanotechnology Research and Development Act ‘‘(A) a description of the funding required by ‘‘(1) research priorities and technical content (15 U.S.C. 7503(a)), as amended by this Act; the National Nanotechnology Coordination Of- of the Program, including whether the alloca- (2) encouraging and monitoring the efforts of fice to perform the functions specified under tion of funding among program component the agencies participating in the Program to al- subsection (a) for the next fiscal year by cat- areas, as designated according to section 2(c)(2), locate the level of resources and management at- egory of activity, including the funding required is appropriate; tention necessary to ensure that the ethical, to carry out the requirements of section ‘‘(2) effectiveness of the Program’s manage- legal, environmental, and other appropriate so- 2(b)(10)(D), subsection (d) of this section, and ment and coordination across agencies and dis- cietal concerns related to nanotechnology, in- section 5; ciplines, including an assessment of the effec- cluding human health concerns, are addressed ‘‘(B) a description of the funding required by tiveness of the National Nanotechnology Coordi- under the Program, including the implementa- such Office to perform the functions specified nation Office; tion of the research plan described in subsection under subsection (a) for the current fiscal year ‘‘(3) Program’s scientific and technological ac- (b); and by category of activity, including the funding complishments and its success in transferring (3) encouraging the agencies required to de- required to carry out the requirements of sub- technology to the private sector; and velop the research plan under subsection (b) to section (d); and ‘‘(4) adequacy of the Program’s activities ad- identify, assess, and implement suitable mecha- ‘‘(C) the amount of funding provided for such dressing ethical, legal, environmental, and other nisms for the establishment of public-private Office for the current fiscal year by each agency appropriate societal concerns, including human partnerships for support of environmental, participating in the Program.’’; health concerns. health, and safety research. (4) by inserting at the end of section 3 the fol- ‘‘(b) EVALUATION TO BE TRANSMITTED TO (b) RESEARCH PLAN.— lowing new subsection: CONGRESS.—The National Research Council (1) IN GENERAL.—The Coordinator for Societal ‘‘(d) PUBLIC INFORMATION.—(1) The National shall document the results of each triennial re- Dimensions of Nanotechnology shall convene Nanotechnology Coordination Office shall de- view carried out in accordance with subsection and chair a panel comprised of representatives velop and maintain a database accessible by the (a) in a report that includes any recommenda- from the agencies funding research activities public of projects funded under the Environ- tions for ways to improve the Program’s man- under the Environmental, Health, and Safety mental, Health, and Safety, the Education and agement and coordination processes and for program component area of the Program, or any Societal Dimensions, and the Nano- changes to the Program’s objectives, funding successor program component area, and from manufacturing program component areas, or priorities, and technical content. Each report such other agencies as the Coordinator con- any successor program component areas, includ- shall be submitted to the Director of the Na- siders necessary to develop, periodically update, ing a description of each project, its source of tional Nanotechnology Coordination Office, and coordinate the implementation of a research funding by agency, and its funding history. For who shall transmit it to the Advisory Panel, the plan for this program component area. In devel- the Environmental, Health, and Safety program Committee on Commerce, Science, and Transpor- oping and updating the plan, the panel con- component area, or any successor program com- tation of the Senate, and the Committee on vened by the Coordinator shall solicit and be re- ponent area, projects shall be grouped by major Science and Technology of the House of Rep- sponsive to recommendations and advice from— objective as defined by the research plan re- resentatives not later than September 30 of every (A) the subpanel of the Advisory Panel estab- quired under section 3(b) of the National third year, with the first report due September lished under section 4(a) of the 21st Century Nanotechnology Initiative Amendments Act of 30, 2009. Nanotechnology Research and Development Act 2008. For the Education and Societal Dimen- ‘‘(c) FUNDING.—Of the amounts provided in (15 U.S.C. 7503(a)), as amended by this Act; and sions program component area, or any successor accordance with section 3(b)(1), the following (B) the agencies responsible for environ- program component area, the projects shall be amounts shall be available to carry out this sec- mental, health, and safety regulations associ- grouped in subcategories of— tion: ated with the production, use, and disposal of ‘‘(A) education in formal settings; ‘‘(1) $500,000 for fiscal year 2009. nanoscale materials and products. ‘‘(B) education in informal settings; ‘‘(2) $500,000 for fiscal year 2010. (2) DEVELOPMENT OF STANDARDS.—The plan ‘‘(C) public outreach; and ‘‘(3) $500,000 for fiscal year 2011.’’; and required under paragraph (1) shall include a de- ‘‘(D) ethical, legal, and other societal issues. (8) in section 10— scription of how the Program will help to ensure ‘‘(2) The National Nanotechnology Coordina- (A) by amending paragraph (2) to read as fol- the development of— tion Office shall develop, maintain, and pub- lows: (A) standards related to nomenclature associ- licize information on nanotechnology facilities ‘‘(2) NANOTECHNOLOGY.—The term ‘nano- ated with engineered nanoscale materials; supported under the Program, and may include technology’ means the science and technology (B) engineered nanoscale standard reference information on nanotechnology facilities sup- that will enable one to understand, measure, materials for environmental, health, and safety ported by the States, that are accessible for use manipulate, and manufacture at the nanoscale, testing; and by individuals from academic institutions and aimed at creating materials, devices, and sys- (C) standards related to methods and proce- from industry. The information shall include at tems with fundamentally new properties or dures for detecting, measuring, monitoring, sam- a minimum the terms and conditions for the use functions.’’; and pling, and testing engineered nanoscale mate- of each facility, a description of the capabilities (B) by adding at the end the following new rials for environmental, health, and safety im- of the instruments and equipment available for paragraph: pacts. use at the facility, and a description of the tech- ‘‘(7) NANOSCALE.—The term ‘nanoscale’ means (3) COMPONENTS OF PLAN.—The plan required nical support available to assist users of the fa- one or more dimensions of between approxi- under paragraph (1) shall, with respect to ac- cility.’’; mately 1 and 100 nanometers.’’. tivities described in paragraphs (1) and (2)— (5) in section 4(a)— SEC. 3. SOCIETAL DIMENSIONS OF (A) specify near-term research objectives and (A) by striking ‘‘or designate’’; NANOTECHNOLOGY. long-term research objectives; (B) by inserting ‘‘as a distinct entity’’ after (a) COORDINATOR FOR SOCIETAL DIMENSIONS (B) specify milestones associated with each ‘‘Advisory Panel’’; and OF NANOTECHNOLOGY.—The Director of the Of- near-term objective and the estimated time and (C) by inserting at the end ‘‘The Advisory fice of Science and Technology Policy shall des- resources required to reach each milestone; Panel shall form a subpanel with membership ignate an associate director of the Office of (C) with respect to subparagraphs (A) and having specific qualifications tailored to enable Science and Technology Policy as the Coordi- (B), describe the role of each agency carrying it to carry out the requirements of subsection nator for Societal Dimensions of Nano- out or sponsoring research in order to meet the (c)(7).’’; technology. The Coordinator shall be respon- objectives specified under subparagraph (A) and (6) in section 4(b)— sible for oversight of the coordination, planning, to achieve the milestones specified under sub- (A) by striking ‘‘or designated’’ and ‘‘or desig- and budget prioritization of activities required paragraph (B); nating’’; and by section 2(b)(10) of the 21st Century (D) specify the funding allocated to each (B) by adding at the end the following: ‘‘At Nanotechnology Research and Development Act major objective of the plan and the source of least one member of the Advisory Panel shall be (15 U.S.C. 7501(b)(10)). The Coordinator shall, funding by agency for the current fiscal year; an individual employed by and representing a with the assistance of appropriate senior offi- and minority-serving institution.’’; cials of the agencies funding activities within (E) estimate the funding required for each (7) by amending section 5 to read as follows: the Environmental, Health, and Safety and the major objective of the plan and the source of ‘‘SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE Education and Societal Dimensions program funding by agency for the following 3 fiscal NATIONAL NANOTECHNOLOGY PRO- component areas of the Program, or any suc- years. GRAM. cessor program component areas, ensure that (4) TRANSMITTAL TO CONGRESS.—The plan re- ‘‘(a) IN GENERAL.—The Director of the Na- the requirements of such section 2(b)(10) are sat- quired under paragraph (1) shall be submitted tional Nanotechnology Coordination Office isfied. The responsibilities of the Coordinator not later than 60 days after the date of enact- shall enter into an arrangement with the Na- shall include— ment of this Act to the Committee on Commerce, tional Research Council of the National Acad- (1) ensuring that a research plan for the envi- Science, and Transportation of the Senate and emy of Sciences to conduct a triennial review of ronmental, health, and safety research activities the Committee on Science and Technology of the the Program. The Director shall ensure that the required under subsection (b) is developed, up- House of Representatives. arrangement with the National Research Coun- dated, and implemented and that the plan is re- (5) UPDATING AND APPENDING TO REPORT.— cil is concluded in order to allow sufficient time sponsive to the recommendations of the The plan required under paragraph (1) shall be for the reporting requirements of subsection (b) subpanel of the Advisory Panel established updated annually and appended to the report

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required under section 2(d) of the 21st Century cation Working Group to coordinate, prioritize, (1) PARTICIPATING AGENCIES.—Each agency Nanotechnology Research and Development Act and plan the educational activities supported participating in the Program shall— (15 U.S.C. 7501(d)). under the Program. (A) encourage the submission of applications (c) NANOTECHNOLOGY PARTNERSHIPS.— (f) SOCIETAL DIMENSIONS IN NANOTECHNOLOGY for support of nanotechnology related projects (1) ESTABLISHMENT.—As part of the program EDUCATION ACTIVITIES.—Activities supported to the Small Business Innovation Research Pro- authorized by section 9 of the National Science under the Education and Societal Dimensions gram and the Small Business Technology Trans- Foundation Authorization Act of 2002, the Di- program component area, or any successor pro- fer Program administered by such agencies; and rector of the National Science Foundation shall gram component area, that involve informal, (B) through the National Nanotechnology Co- provide 1 or more grants to establish partner- precollege, or undergraduate nanotechnology ordination Office and within 6 months after the ships as defined by subsection (a)(2) of that sec- education shall include education regarding the date of enactment of this Act, submit to the tion, except that each such partnership shall in- environmental, health and safety, and other so- Committee on Commerce, Science, and Transpor- clude 1 or more businesses engaged in the pro- cietal aspects of nanotechnology. tation of the Senate and the Committee on (g) REMOTE ACCESS TO NANOTECHNOLOGY FA- duction of nanoscale materials, products, or de- Science and Technology of the House of Rep- CILITIES.—(1) Agencies supporting nanotechnol- vices. Partnerships established in accordance resentatives— with this subsection shall be designated as ogy research facilities as part of the Program (i) the plan described in section 2(c)(7) of the ‘‘Nanotechnology Education Partnerships’’. shall require the entities that operate such fa- 21st Century Nanotechnology Research and De- (2) PURPOSE.—Nanotechnology Education cilities to allow access via the Internet, and sup- Partnerships shall be designed to recruit and port the costs associated with the provision of velopment Act (15 U.S.C. 7501(c)(7)); and help prepare secondary school students to pur- such access, by secondary school students and (ii) a report specifying, if the agency admin- sue postsecondary level courses of instruction in teachers, to instruments and equipment within isters a Small Business Innovation Research nanotechnology. At a minimum, grants shall be such facilities for educational purposes. The Program and a Small Business Technology used to support— agencies may waive this requirement for cases Transfer Program— (A) professional development activities to en- when particular facilities would be inappro- (I) the number of proposals received for nano- able secondary school teachers to use curricular priate for educational purposes or the costs for technology related projects during the current materials incorporating nanotechnology and to providing such access would be prohibitive. fiscal year and the previous 2 fiscal years; inform teachers about career possibilities for (2) The agencies identified in paragraph (1) (II) the number of such proposals funded in students in nanotechnology; shall require the entities that operate such each year; (B) enrichment programs for students, includ- nanotechnology research facilities to establish (III) the total number of nanotechnology re- ing access to nanotechnology facilities and and publish procedures, guidelines, and condi- lated projects funded and the amount of fund- equipment at partner institutions, to increase tions for the submission and approval of appli- ing provided for fiscal year 2003 through fiscal their understanding of nanoscale science and cations for the use of the facilities for the pur- year 2007; and technology and to inform them about career pos- pose identified in paragraph (1) and shall au- (IV) a description of the projects identified in sibilities in nanotechnology as scientists, engi- thorize personnel who operate the facilities to accordance with subclause (III) which received neers, and technicians; and provide necessary technical support to students private sector funding beyond the period of (C) identification of appropriate nanotech- and teachers. phase II support. nology educational materials and incorporation SEC. 4. TECHNOLOGY TRANSFER. (2) NATIONAL INSTITUTE OF STANDARDS AND of nanotechnology into the curriculum for sec- (a) PROTOTYPING.— TECHNOLOGY.—The Director of the National In- ondary school students at one or more organiza- (1) ACCESS TO FACILITIES.—In accordance with stitute of Standards and Technology in carrying tions participating in a Partnership. section 2(b)(7) of 21st Century Nanotechnology out the requirements of section 28 of the Na- (3) SELECTION.—Grants under this subsection Research and Development Act (15 U.S.C. tional Institute of Standards and Technology shall be awarded in accordance with subsection 7501(b)(7)), the agencies supporting nanotech- Act (15 U.S.C. 278n) shall— (b) of such section 9, except that paragraph nology research facilities as part of the Program (3)(B) of that subsection shall not apply. shall provide access to such facilities to compa- (A) in regard to subsection (d) of that section, (d) UNDERGRADUATE EDUCATION PROGRAMS.— nies for the purpose of assisting the companies encourage the submission of proposals for sup- (1) ACTIVITIES SUPPORTED.—As part of the ac- in the development of prototypes of nanoscale port of nanotechnology related projects; and tivities included under the Education and Soci- products, devices, or processes (or products, de- (B) in regard to subsection (g) of that section, etal Dimensions program component area, or vices, or processes enabled by nanotechnology) include a description of how the requirement of any successor program component area, the Pro- for determining proof of concept. The agencies subparagraph (A) of this paragraph is being gram shall support efforts to introduce shall publicize the availability of these facilities met, the number of proposals for nanotechnol- nanoscale science, engineering, and technology and encourage their use by companies as pro- ogy related projects received, the number of into undergraduate science and engineering vided for in this section. such proposals funded, the total number of such education through a variety of interdisciplinary (2) PROCEDURES.—The agencies identified in projects funded since the beginning of the Tech- approaches. Activities supported may include— paragraph (1)— nology Innovation Program, and the outcomes (A) development of courses of instruction or (A) shall establish and publish procedures, of such funded projects in terms of the metrics modules to existing courses; guidelines, and conditions for the submission developed in accordance with such subsection (B) faculty professional development; and and approval of applications for use of nano- (g). (C) acquisition of equipment and instrumenta- technology facilities; (3) TIP ADVISORY BOARD.—The TIP Advisory tion suitable for undergraduate education and (B) shall publish descriptions of the capabili- Board established under section 28(k) of the Na- research in nanotechnology. ties of facilities available for use under this sub- tional Institute of Standards and Technology (2) COURSE, CURRICULUM, AND LABORATORY section, including the availability of technical Act (15 U.S.C. 278n(k)), in carrying out its re- IMPROVEMENT AUTHORIZATION.—There are au- support; and sponsibilities under subsection (k)(3), shall pro- thorized to be appropriated to the Director of (C) may waive recovery, require full recovery, vide the Director of the National Institute of the National Science Foundation to carry out or require partial recovery of the costs associ- Standards and Technology with— activities described in paragraph (1) through the ated with use of the facilities for projects under (A) advice on how to accomplish the require- Course, Curriculum, and Laboratory Improve- this subsection. ment of paragraph (2)(A) of this subsection; and (3) SELECTION AND CRITERIA.—In cases when ment program— (B) an assessment of the adequacy of the allo- (A) from amounts authorized under section less than full cost recovery is required pursuant cation of resources for nanotechnology related 7002(b)(2)(B) of the America COMPETES Act, to paragraph (2)(C), projects provided access to projects supported under the Technology Inno- $5,000,000 for fiscal year 2009; and nanotechnology facilities in accordance with vation Program. (B) from amounts authorized under section this subsection shall be selected through a com- 7002(c)(2)(B) of the America COMPETES Act, petitive, merit-based process, and the criteria for (c) INDUSTRY LIAISON GROUPS.—An objective $5,000,000 for fiscal year 2010. the selection of such projects shall include at a of the Program shall be to establish industry li- (3) ADVANCED TECHNOLOGY EDUCATION AU- minimum— aison groups for all industry sectors that would THORIZATION.—There are authorized to be ap- (A) the readiness of the project for technology benefit from applications of nanotechnology. propriated to the Director of the National demonstration; The Nanomanufactoring, Industry Liaison, and Science Foundation to carry out activities de- (B) evidence of a commitment by the applicant Innovation Working Group of the National scribed in paragraph (1) through the Advanced for further development of the project to full Science and Technology Council shall actively Technology Education program— commercialization if the proof of concept is es- pursue establishing such liaison groups. (A) from amounts authorized under section tablished by the prototype; and (d) COORDINATION WITH STATE INITIATIVES.— 7002(b)(2)(B) of the America COMPETES Act, (C) evidence of the potential for further fund- Section 2(b)(5) of the 21st Century Nanotechnol- $5,000,000 for fiscal year 2009; and ing from private sector sources following the ogy Research and Development Act (15 U.S.C. (B) from amounts authorized under section successful demonstration of proof of concept. 7501(b)(5)) is amended to read as follows: 7002(c)(2)(B) of the America COMPETES Act, The agencies may give special consideration in ‘‘(5) ensuring United States global leadership $5,000,000 for fiscal year 2010. selecting projects to applications that are rel- in the development and application of nano- (e) INTERAGENCY WORKING GROUP.—The Na- evant to important national needs or require- technology, including through coordination and tional Science and Technology Council shall es- ments. leveraging Federal investments with nanotech- tablish under the Nanoscale Science, Engineer- (b) USE OF EXISTING TECHNOLOGY TRANSFER nology research, development, and technology ing, and Technology Subcommittee an Edu- PROGRAMS.— transition initiatives supported by the States;’’.

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RESEARCH IN AREAS OF NATIONAL IM- results of research supported under the Environ- ate and the Committee on Science and Tech- PORTANCE. mental, Health, and Safety program component nology of the House of Representatives a report (a) IN GENERAL.—The Program shall include area, or any successor program component area; on its assessment required under paragraph (2), support for nanotechnology research and devel- (2) fostering the transfer of the results of such along with any recommendations and a copy of opment activities directed toward application research to industry; and the report prepared in accordance with para- areas that have the potential for significant (3) providing for the education of scientists graph (1). contributions to national economic competitive- and engineers through interdisciplinary studies SEC. 7. DEFINITIONS. ness and for other significant societal benefits. in the principles and techniques for the design In this Act, terms that are defined in section The activities supported shall be designed to ad- and development of environmentally benign 10 of the 21st Century Nanotechnology Research vance the development of research discoveries by nanoscale products and processes. and Development Act (15 U.S.C. 7509) have the demonstrating technical solutions to important (c) REVIEW OF NANOMANUFACTORING RE- meaning given those terms in that section. problems in such areas as nano-electronics, en- SEARCH AND RESEARCH FACILITIES.— The SPEAKER pro tempore. Pursu- ergy efficiency, health care, and water remedi- (1) PUBLIC MEETING.—Not later than 12 ant to the rule, the gentleman from ation and purification. The Advisory Panel months after the date of enactment of this Act, shall make recommendations to the Program for the National Nanotechnology Coordination Of- Tennessee (Mr. GORDON) and the gen- candidate research and development areas for fice shall sponsor a public meeting, including tlewoman from Illinois (Mrs. BIGGERT) support under this section. representation from a wide range of industries each will control 20 minutes. (b) CHARACTERISTICS.— engaged in nanoscale manufacturing, to— The Chair recognizes the gentleman (1) IN GENERAL.—Research and development (A) obtain the views of participants at the from Tennessee. activities under this section shall— meeting on— GENERAL LEAVE (A) include projects selected on the basis of (i) the relevance and value of the research Mr. GORDON of Tennessee. Mr. applications for support through a competitive, being carried out under the Nanomanufactoring merit-based process; Speaker, I ask unanimous consent that program component area of the Program, or any all Members may have 5 legislative (B) involve collaborations among researchers successor program component area; and in academic institutions and industry, and may (ii) whether the capabilities of nanotechnol- days to revise and extend their re- involve nonprofit research institutions and Fed- ogy research facilities supported under the Pro- marks and to include extraneous mate- eral laboratories, as appropriate; gram are adequate— rials on H.R. 5940, the bill now under (C) when possible, leverage Federal invest- (I) to meet current and near-term require- consideration. ments through collaboration with related State ments for the fabrication and characterization The SPEAKER pro tempore. Is there initiatives; and of nanoscale devices and systems; and (D) include a plan for fostering the transfer of objection to the request of the gen- (II) to provide access to and use of instrumen- research discoveries and the results of tech- tleman from Tennessee? tation and equipment at the facilities, by means nology demonstration activities to industry for There was no objection. of networking technology, to individuals who commercial development. Mr. GORDON of Tennessee. Mr. are at locations remote from the facilities; and (2) PROCEDURES.—Determination of the re- Speaker, I yield myself such time as I (B) receive any recommendations on ways to quirements for applications under this sub- may consume. strengthen the research portfolio supported section, review and selection of applications for under the Nanomanufactoring program compo- H.R. 5940 is a bipartisan bill which support, and subsequent funding of projects nent area, or any successor program component myself and Ranking Member HALL shall be carried out by a collaboration of no area, and on improving the capabilities of nano- jointly introduced, along with 23 addi- fewer than 2 agencies participating in the Pro- technology research facilities supported under tional Democratic and Republican gram. In selecting applications for support, the the Program. members of the Science and Tech- agencies shall give special consideration to projects that include cost sharing from non-Fed- Companies participating in industry liaison nology Committee. The committee be- eral sources. groups shall be invited to participate in the lieves this legislation will strengthen (3) INTERDISCIPLINARY RESEARCH CENTERS.— meeting. The Coordination Office shall prepare our Nation’s competitiveness in the Research and development activities under this a report documenting the findings and rec- rapidly advancing field of nanotechnol- section may be supported through interdiscipli- ommendations resulting from the meeting. ogy. nary nanotechnology research centers, as au- (2) ADVISORY PANEL REVIEW.—The Advisory I want to particularly thank my col- thorized by section 2(b)(4) of the 21st Century Panel shall review the Nanomanufactoring pro- league, the gentleman from Texas, for gram component area of the Program, or any Nanotechnology Research and Development Act working with me to craft this legisla- (15 U.S.C. 7501(b)(4)), that are organized to in- successor program component area, and the ca- tion. I also want to thank Dr. BAIRD, vestigate basic research questions and carry out pabilities of nanotechnology research facilities technology demonstration activities in areas supported under the Program to assess— the Chair, and Dr. EHLERS, the ranking such as those identified in subsection (a). (A) whether the funding for the Nanomanu- member, respectively, of the Research (c) REPORT.—Reports required under section factoring program component area, or any suc- and Science Education Subcommittee, 2(d) of the 21st Century Nanotechnology Re- cessor program component area, is adequate and who were both instrumental in devel- search and Development Act (15 U.S.C. 7501(d)) receiving appropriate priority within the overall opment of this bill. shall include a description of research and de- resources available for the Program; Finally, I want to thank all the velopment areas supported in accordance with (B) the relevance of the research being sup- members of the Science and Tech- this section, including the same budget informa- ported to the identified needs and requirements nology Committee on both sides of the tion as is required for program component areas of industry; (C) whether the capabilities of nanotechnol- aisle for their contributions to this bill under paragraphs (1) and (2) of such section and for helping to move it expedi- 2(d). ogy research facilities supported under the Pro- tiously and unanimously through the SEC. 6. NANOMANUFACTURING RESEARCH. gram are adequate— (i) to meet current and near-term requirements (a) RESEARCH AREAS.—The Nanomanufac- committee. Certainly, I want to thank turing program component area, or any suc- for the fabrication and characterization of Jim Wilson, working with the minority cessor program component area, shall include nanoscale devices and systems; and and majority staff, in putting together research on— (ii) to provide access to and use of instrumen- this excellent piece of legislation. (1) development of instrumentation and tools tation and equipment at the facilities, by means The term ‘‘revolutionary tech- required for the rapid characterization of nano- of networking technology, to individuals who nology’’ has become a cliche, but nano- are at locations remote from the facilities; and scale materials and for monitoring of nanoscale technology truly is revolutionary. We manufacturing processes; and (D) the level of funding that would be needed to support— stand at the threshold of an age in (2) approaches and techniques for scaling the which materials and devices can be synthesis of new nanoscale materials to achieve (i) the acquisition of instrumentation, equip- industrial-level production rates. ment, and networking technology sufficient to fashioned atom by atom to satisfy spe- (b) GREEN NANOTECHNOLOGY.—Interdiscipli- provide the capabilities at nanotechnology re- cific design requirements. Nanotech- nary research centers supported under the Pro- search facilities described in subparagraph (C); nology-based applications are arising gram in accordance with section 2(b)(4) of the and that were not even imagined a decade 21st Century Nanotechnology Research and De- (ii) the operation and maintenance of such fa- ago. velopment Act (15 U.S.C. 7501(b)(4)) that are fo- cilities. The range of potential applications of cused on nanomanufacturing research and cen- In carrying out its assessment, the Advisory nanotechnology is broad and will have ters established under the authority of section Panel shall take into consideration the findings enormous consequences for electronics, and recommendations from the report required 5(b)(3) of this Act shall include as part of the energy transformation, storage mate- activities of such centers— under paragraph (1). (1) research on methods and approaches to de- (3) REPORT.—Not later than 18 months after rials, and medicine and health, to name velop environmentally benign nanoscale prod- the date of enactment of this Act, the Advisory just a few. Indeed, the scope of this ucts and nanoscale manufacturing processes, Panel shall submit to the Committee on Com- technology is so broad as to leave vir- taking into consideration relevant findings and merce, Science, and Transportation of the Sen- tually no product untouched.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4907 The Science and Technology Com- derstanding of environmental and safe- nology Innovation Program, estab- mittee recognized the promise of nano- ty aspects of nanotechnology, it has lished under the COMPETES Act. technology early on, holding our first not yet put in place a well-designed, To increase the relevancy and value hearing a decade ago to review Federal adequately funded and an effectively of NNI, the bill also authorizes large- activities in the field. The committee executed research program in this area. scale, focused, multi-agency research was substantially instrumental in de- The environmental and safety compo- and development initiatives in areas of velopment and enactment in 2003 of the nent of NNI must be improved by national need. This approach will ad- 21st Century Nanotechnology Research quickly developing a research plan and vance the development of promising re- and Development Act, which author- implementation strategy that specifies search discoveries for demonstrating ized the multi-agency National Nano- near-term and long-term goals, sets technical solutions in targeted areas, technology Initiative, or the NNI, as milestones and timeframes for meeting which will contribute to economic it’s called. near-term goals, clarifies agencies’ competitiveness and other social bene- The 2003 statute put in place formal roles in implementing the plan, and al- fits. For example, such efforts could be interagency planning, budgeting, and locates sufficient resources to accom- organized around the development and coordinating mechanisms for the NNI. plish those goals. replacement of silicone-based transis- It now receives funding from 13 agen- This is the first essential step for the tors, developing new nanotechnology- cies and has a budget of $1.5 billion for development of nanotechnology to en- based devices for harvesting solar en- fiscal year 2008. The NNI statute also sure that sound science guides the for- ergy, and nanoscale sensors for detect- provides for formal reviews of the con- mation of regulatory rules and require- ing cancer. tent and management of programs by ments. It will reduce the current un- the National Academy of Sciences and certainty that inhibits commercial de- Finally, I want to highlight some by a designated advisory committee of velopment of nanotechnology and will provisions of the bill that address an- nongovernmental experts. Their assess- provide a sound basis for future rule- other key issue, future STEM work- ment of the NNI has been generally making. force needs. The Nation needs a full positive. H.R. 5940 addresses risk reduction re- pipeline of talented engineers, sci- The NNI supports productive cooper- search by requiring that the NNI agen- entists and technicians and a scientif- ative research efforts across a spec- cies develop a plan for the environ- ically literate public able to exploit trum of disciplines and is establishing mental and safety research component and understand this new science. a network of national facilities for fur- of the program, as well as a roadmap to One provision of H.R. 5940 builds on ther support of nanotechnology re- implementing it. This plan must in- the National Science Foundation’s search and development. H.R. 5940 is clude explicit near-term and long-term Math and Science Partnership Program based on findings and recommenda- goals, specify the funding required to to use nanotechnology education ac- tions from several hearings during the reach these goals, and identify the role tivities as a vehicle to raise the inter- current Congress that examined var- of each participating agency. est of secondary students in possible ious aspects of the NNI. It also reflects The bill also assigns responsibility to STEM careers. A key component of recommendations from the formal re- a senior official at the Office of Science these new partnerships is involvement views of the NNI by the National Acad- and Technology Policy at the White by the nanotechnology companies in emy of Sciences and the NNI advisory House to oversee this planning and im- offering hands-on learning opportuni- panel. Finally, it incorporates many plementation process and to ensure the ties at their facilities for students and suggestions from various communities agencies allocate the resources nec- teachers. of interest that reviewed early versions essary to carry it out. Another educational provision sup- of the bill. Finally, the bill requires account- ports the development of under- H.R. 5940 does not substantially alter ability by establishing a publicly ac- graduate courses of study in nanotech- the NNI, but makes adjustments to cessible database containing informa- nology fields. This will help prepare fu- some of the priorities of the programs tion on the content and funding for ture technicians, scientists and engi- and strengthens one of the core compo- each environmental health and safety neers who will be needed to meet the nents, environmental and safety re- research project supported by the NNI. demands of industry as nanotechnology search. Another key component of H.R. 5940 I commercialization continues to ex- Nanotechnology is advancing rapidly, want to highlight involves provisions pand. and at least 600 products have entered to help capture the economic benefits Mr. Speaker, nanotechnology will commerce that contain nanoscale ma- of nanotechnology. terials, including aerosols and cos- soon touch the lives of all Americans. 1230 metics. It is important for the success- b It is already in our cell phones, cos- ful development of nanotechnology Too often, the U.S. has led in the metics, paints and clothing. It will that potential downsides of nanotech- basic research on the frontiers of soon help to protect the lives of our po- nology be addressed from the beginning science and technology, but has failed lice officers and military servicemen, in a straight forward and open way. to capitalize on commercial develop- and is showing promise in the treat- We know too well that negative pub- ment flowing from these new discov- ment of cancer and promoting wound lic perceptions about the safety of eries. healing. There is no doubt that the po- technology can have serious con- The NNI has so far invested approxi- tential of this technology is great. The sequences for its acceptance and use. mately $7 billion over 7 years in basic bill before us today goes a long way to- At present, the level of scientific un- research that is providing new tools for ward ensuring that nanotechnology is derstanding is sufficient to pin down manipulation of matter at the developed in a safe and environ- what types of engineered nanomateri- nanoscale and is increasing our under- mentally benign way, and that the Na- als may be dangerous, although early standing of the behavior of engineered tion reaps the benefits of our research studies show some are potentially nanoscale materials and devices. In- investment. harmful. creased consideration should be given H.R. 5940 has the support of many One example is the recent finding to ways to foster the transfer of new business and professional associations, that certain types of carbon nanotubes discoveries to commercial products and including the Semiconductor Industry may mimic the effect of asbestos in processes. To that end, H.R. 5940 in- Association, the NanoBusiness Alli- causing cancer. More research is need- cludes provisions to encourage use of ance, the American Chemical Society, ed to determine what characteristics of nanotechnology research facilities by the American Physical Society, SEMI nanoscale materials are most signifi- companies for prototyping and proof of North America, the National Chem- cant with regard to determining their concept studies and it specifies steps istry Council, the American Elec- effects on living organisms or on the for increasing the number of nanotech- tronics Association, the Association of environment. nology-related projects supported Science-Technology Centers, IEEE- Although the NNI from its beginning under the Small Business Innovation USA, Materials Research Society, has included research to increase un- Research initiative and by the Tech- Semiconductor Research Corporation,

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4908 CONGRESSIONAL RECORD — HOUSE June 4, 2008 the National Science Teachers Associa- ment of fuel cell technology, and geo- guage the need to expand the current tion, American Psychological Associa- thermal energy. Nanofilms for windows centers that we have as necessary to tion, the American Institute for Med- are being developed for home use to meet future research needs. ical and Biological Engineering, Texas promote energy efficiency. Nanotech- I am proud that my home State of Il- Instruments, IBM and Applied Mate- nology is being used to improve bat- linois is one of the leaders in nanotech- rials, among just a few. teries and create solid state lighting nology research. Illinois boasts two na- These organizations, like my col- and low powered displays. The list and tional labs. It is home to numerous leagues on the Science and Technology potential at this time are absolutely cutting-edge businesses and some of Committee, recognize that H.R. 5940 endless. the Nation’s preeminent research uni- will enhance America’s efforts in nano- So I encourage my colleagues to sup- versities, such as my alma mater, technology research and development port this measure. This has been a bi- Northwestern University, and the Uni- and will help bring its many benefits to partisan effort from the beginning, and versity of Illinois, which are con- the public. while we have made some changes to ducting groundbreaking work in this Mr. Speaker, I commend this bipar- the program, I believe that, by and field. tisan legislation to my colleagues and large, we continue to give the NNI and To keep the U.S. ahead of other na- urge their support for its passage in all the Federal agencies involved with tions, who are now making substantial this House. this the flexibility that they absolutely investments in nanotech, this reau- Mr. Speaker, I reserve the balance of need to do their work without being thorization makes three significant ad- my time. overly prescriptive. justments, as mentioned by the chair- The SPEAKER pro tempore. Without I reserve the balance of my time. man. objection, the gentleman from Texas Mr. GORDON of Tennessee. Mr. First, it strengthens the planning (Mr. HALL) will control the time. Speaker, first let me concur with the and implementation of research on the There was no objection. remarks of my ranking member, Mr. environmental, health and safety as- Mr. HALL of Texas. Mr. Speaker, I HALL. This has been a good, bipartisan, pects of nanotech. Not only is public rise in support of H.R. 5940, the Na- collaborative effort, and I thank him safety paramount in its own right, but tional Nanotechnology Initiative and his staff for all their work. public confidence in these new tech- Amendments Act of 2008, and I yield I yield 4 minutes to the vice chair- nologies is also necessary for the suc- myself such time as I may consume. man of the Science and Technology cess of nanotech industries. Mr. Speaker, I control time for what Committee, the gentleman from Illi- Second, this bill requires the NNI to we call the opposition for the legisla- nois (Mr. LIPINSKI). place increased emphasis on tech- tion here today, but I guess that is just Mr. LIPINSKI. Mr. Speaker, today I nology transfer; that is, moving basic a mere technicality, because I am rise in support of H.R. 5940, legislation research results out of the lab and into pleased to join Chairman GORDON as reauthorizing the National Nanotech- commercial products, materials and well as an overwhelming majority of nology Initiative known as the NNI. I devices. From my own experiences in our committee members on both sides want to congratulate Chairman GOR- Illinois with our national labs and re- of the aisle as an original cosponsor of DON and Ranking Member HALL for search universities, I understand that H.R. 5940, the National Nanotechnology their hard work in crafting this legisla- technology transfer is not simple, but Initiative Amendments Act of 2008. tion. I also want to acknowledge all it is critical to ensuring that R&D in- The initiative was first named in the the members of the Science and Tech- vestments serve the public. 2001 budget request and made a priority nology Committee on both sides of the Third, H.R. 5940 creates a new nano- by President Bush. We codified it in aisle for their contributions to this bill technology education program to at- 2003, and I was pleased to cosponsor and for helping to move it expedi- tract secondary school students to that measure as well then. Now we tiously and unanimously through the science and technology studies to help have taken an already good statute and committee. prepare the nanotech workforce of the improved it just a bit, and streamlined Nanotechnology, or the science and future. As a former teacher, I under- some administrative issues to ensure technology of building devices from stand the importance of education in that areas such as nanomanufacturing, single atoms and molecules, soon will promoting not only the success of indi- education and environmental health impact nearly every sector of our econ- vidual Americans, but also promoting and safety are adequately recognized. omy. In just 6 years, the global market the success of American innovation It is mind-boggling to realize that for nanoscale materials and products is such as nanotechnology. the piece of paper that I am reading expected to reach $2.6 trillion and to be Mr. Speaker, as nanotechnology from is 100,000 nanometers thick. incorporated into 15 percent of global moves from a multibillion to a multi- 100,000 nanometers. The fact that our manufacturing output. I firmly believe trillion-dollar industry, there is great scientists and engineers can create and that nanotech represents one of the promise in store, but it is critical that manipulate matter on that small of a most important, if not the most impor- we do all we can to ensure that Amer- scale to be used in electronics, bio- tant, technological keys to improving ica leads the way in nanotech innova- medical, pharmaceutical, cosmetic, en- our Nation’s future economic growth tion. H.R. 5940 will keep the U.S. in a ergy, catalytic, and materials applica- and improving our way of life, from position to drive the development of tions is amazing and the kind of re- medical applications, to green nanotechnology and go a long way to- search and technology that makes the nanoenergy, to nanoelectronics, which wards ensuring that America reaps the United States the leader in this inno- will be critical as we reach the limits benefits of our research investment. vation. It is important that we con- of current materials. I urge my colleagues to support pas- tinue to make this area of research a The NNI has been effective in sup- sage of H.R. 5940. national priority. porting productive, cooperative re- Mr. HALL of Texas. Mr. Speaker, I Certainly, just as an example, look at search efforts across a wide spectrum yield 5 minutes to the gentlewoman how nanotechnology has been used to of disciplines. The initiative has estab- from Illinois (Mrs. BIGGERT), the pre- create clean, secure and affordable en- lished a network of state-of-the-art na- vious Energy Subcommittee Chair. ergy. With gas prices averaging $4 a tional facilities that are conducting Mrs. BIGGERT. I thank the ranking gallon, when was the last time we groundbreaking work in nanoscale re- member, the gentleman from Texas, heard ‘‘affordable energy’’? search and development. These centers for yielding me the time. Nanotechnology research is currently have helped the U.S. maintain a strong Mr. Speaker, as an original cosponsor taking place to improve the perform- presence in the development and ex- of H.R. 5940, I rise to express my con- ance or increase the efficiency of re- pansion of nanotechnology, which has tinued support for the bill that we are newable energy systems, such as solar been vital to economic development considering here today. energy conversion, wind energy, bio- and essential to the creation of innova- Most Americans learn in grade school mass power for utility applications, hy- tive jobs, leading to a stronger and and high school that atoms are build- drogen production and storage for more competitive America. The com- ing blocks of nature. In the years since transportation, including the develop- mittee stated in the bill’s report lan- I was in school, incredible machines

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4909 have allowed us to even see every one choice but to reduce the run time of nanotechnology research. These funds of these atoms. But now, thanks to the scientific user facilities like the ad- will help these universities and others National Nanotechnology Initiative, or vanced photon source by 20 percent. explore ways to create environ- NNI, we have developed and continue Without a doubt, this will impact the mentally friendly or at least benign to develop the tools, equipment and ex- work at the Center for Nanoscale Mate- nanotechnology products. And this is pertise to manipulate those atoms and rials which relies on the APS. very, very crucial to acceptance of build new materials and new machines, I remain hopeful that the fiscal year nanotech. one molecule at a time. 2008 supplemental working its way In addition, there are provisions in First established in 2001 and later au- through Congress now will include ad- this bill that encourage other Federal thorized in statute in 2003, the NNI has ditional funding for these important fa- programs to support commercializa- by all accounts succeeded at coordi- cilities and research efforts of the DOE. tion of nanotechnology research to nating nanotechnology research and With that in mind, Mr. Speaker, I urge help turn research insights into tan- development across many Federal my colleagues to support the National gible useful results. Congress has al- agencies to the benefit of our national Nanotechnology Initiative Amend- ready passed legislation to support pro- competitiveness. According to a recent ments Act. grams that advance our innovation review of the program by the Presi- Mr. GORDON of Tennessee. Mr. agenda, and it is fitting that nanotech- dent’s Council of Advisers on Science Speaker, I yield 5 minutes to the chair- nology would be funded by these pro- and Technology, PCAST, the United man of the Subcommittee on Tech- grams. The relevant programs include States has been and remains the recog- nology Innovation, Mr. WU, from Or- the Technology Innovation Program, nized leader in nanotechnology R&D. egon State. or TIP, which provides grants to com- But the Council rightly pointed out The SPEAKER pro tempore. The panies and universities conducting that the European Union and China are Chair will advise the gentleman from high-risk, high reward research, and Tennessee that he has only 5 minutes gaining ground on us. That is why I am the Small Business Innovative Re- remaining. pleased that we are building on the search and Small Business Technology Mr. GORDON of Tennessee. Then I Transfer programs, which provide success of NNI by passing H.R. 5940 yield 4 minutes to the gentleman from funds to small high-tech firms con- today. Oregon. Thanks to the NNI, the U.S. has an Mr. WU. I thank the gentleman and ducting innovative research that is rel- extensive network of nanoscale science the chairman for his leadership on this evant to Federal agencies’ missions research centers. Five of those centers issue and for the bipartisan manner in and that may have significant commer- are operated and maintained by the De- which this bill has come to the floor, cialization potential. partment of Energy’s Office of Science. and rise in strong support of the Na- Again, I want to commend Chairman One of those DOE centers, the Center tional Nanotechnology Initiative GORDON and the ranking member for for Nanoscale Materials, is located in Amendments Act of 2008. It is very, drafting a strong bipartisan bill, and my district at Argonne National Lab- very fitting that we are continuing ef- urge my colleagues to support this leg- oratory. forts to support nanotechnology re- islation. In its first year of operation, Ar- search and development given the eco- Mr. HALL of Texas. Mr. Speaker, I gonne’s Center for Nanoscale Materials nomic and societal benefits that we are yield the gentleman from Georgia (Mr. hosted over 100 scientists and engineers just beginning to realize. GINGREY) 5 minutes. engaged in nanotech research from Federally funded research and devel- Mr. GINGREY. Mr. Speaker, I rise in across the country and around the opment has long served an important strong support of H.R. 5940, the Na- world, giving them access to the most purpose in our economy, spurring the tional Nanotechnology Initiative powerful x-ray device in the Western creation of new services, new products, Amendments Act of 2008. Hemisphere at the Advanced Photon and, most importantly, new jobs. The Nanotechnology represents the fu- Source at Argonne. new products and technologies that are ture of science and information tech- nology. These scientific methods have b 1245 often the byproducts of basic research enhance our daily lives in many, many already been responsible for a number As Americans face ever rising gaso- ways. It is estimated that the fruits of of products that are used every day in line and energy prices, we are fortu- nanotechnology research will have a our country, like car parts, cosmetics, nate that Congress and the President multi-trillion dollar impact on our and first aid dressings. had the foresight to invest in the economy within the next several years. The future of nanotechnology holds a DOE’s nanoscience centers. Because of The bill before us today provides the world of possibilities for a number of our Federal investment in years past, seed corn for an industry that will be a fields including health care, which, Mr. scientists and engineers are already crucial part of our future economic Speaker, is incredibly important to me hard at work manipulating atoms to success and competitiveness. My home as a physician member of this House. create new, lighter, stronger materials State of Oregon is a leader in nano- The National Nanotechnology Initia- for wind turbines, improved lubricants technology. The Oregon Nanoscience tive is a multi-agency Federal program for gear boxes, and better wiring for and Microtechnologies Institute, aimed at accelerating the discovery, generators, all of which will improve ONAMI, is a public-private partnership the development, and deployment of the efficiency of wind power. DOE sci- that supports academic research and nanometer scale science, engineering, entists are also using nanotechnology technology transfer of nanoscience. Re- and technology. Since its implementa- to make more durable and efficient search supported by ONAMI has al- tion in 2003, NNI represents the Federal solar cells, catalysts for the direct con- ready yielded companies that are de- Government’s commitment to har- version of light energy to hydrogen, veloping a low-cost method of remov- nessing and developing the world’s new materials for lighter, more power- ing heavy metals to purify water, new most cutting edge technology to help ful, longer lasting batteries that will manufacturing technologies, and a sys- keep our country competitive in a improve energy storage and bring the tem to allow patients with kidney dis- technologically based global economy. plug-in hybrid car to market more ease to undergo dialysis at home. Con- H.R. 5940 is a bill that builds on the quickly. Thanks to nanotechnology, tinued support of nanotechnology re- successful aspects of the NNI by mak- progress is being made on advanced en- search allow these and other break- ing some improvements and modifica- ergy technologies that will reduce our through technologies to come to mar- tions while keeping much of the initia- reliance on foreign oil and gas. ket. tive intact. This legislation acknowl- But to continue making progress, I want to cite a couple specific key edges and addresses the need for en- Congress must provide adequate fund- provisions, including provisions relat- hanced research and education in the ing for these critical facilities and re- ing to green nanotechnologies and field of nanotechnology, and it is in search efforts. Unfortunately, because those that encourage the commer- line with President Bush’s American the fiscal year 2008 omnibus bill essen- cialization of nanotechnology research. Competitiveness Initiative. tially flat funded the basic energy Several institutions in the State of Mr. Speaker, I am very pleased that science program, the DOE had no Oregon have been leaders in green this legislation moved through the

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4910 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Science and Technology Committee in use fossil fuels in a process that is Mr. HALL of Texas. I yield the gen- a bipartisan manner so typical of our going to be helpful. tleman 3 additional minutes. members. Unfortunately, that bipar- But we are still in the Buck Rogers Mr. SHIMKUS. I thank the gen- tisan spirit does not apply to the most era. We need to move in that direction. tleman. important issue facing the American The question is, what are we going to American jobs to build the pipeline. people today, and that is the price they do now? The question is, at this time, American jobs to operate our aviation are paying at the pump for gasoline. in this debate, what are we really going industry. In fact, this plane here is a Mr. Speaker, here we are 16 months to do to immediately affect the high fighter plane, because the United after the vaunted promise of a com- cost of energy on our constituents? I States Air Force is the number one monsense plan to reduce energy prices have been on this floor quite a bit, as purchaser of aviation fuel in the world. by Speaker PELOSI, yet gas prices are we all know, debating this. I have b 1300 now surpassing $4 a gallon with no end heard my colleagues on the other side, in sight. At this point, I am not hold- and I am softening my rhetoric out of For every dollar increase in a barrel ing my breath for this commonsense respect for my friends and I have actu- of crude oil, you know what it costs plan Speaker PELOSI promised over 2 ally changed some of my charts to ad- our Air Force? $60 million. That’s $60 years ago. I only know the result of the dress issues raised in the debate. million that doesn’t go to training. plan, an increase of $1.60 per gallon for So what is the primary problem that That’s $60 million that doesn’t go to regular gasoline. However, Mr. Speak- we have today? The problem we have is equipping. That’s $60 million that er, I do hope that Democrats will begin the escalation of crude oil prices in doesn’t help in meeting the budgetary working with Republicans much like this country, from $23 when this ad- demands. they did on this bill, H.R. 5940, on our ministration came into the office, to Let me just finish on this point. Let’s common sense plan for energy. $58 when the new majority came into assume we access these and we have oil The Republican proposal, H.R. 3089, the House, to $123 today. and gas. Or let’s assume we’re in the No More Excuses Energy Act spon- Now I am not trying to be partisan, I ANWR and we’re getting the oil and sored by my good friend Mr. THORN- am just trying to be factual. That is gas and we’re getting the royalties. At BERRY of Texas, will allow us to explore what has happened to the barrel of today’s prices, do you know how much domestic sources of energy and will re- crude oil prices and what has happened money would come to the Federal duce the amount that we all pay at the to the cost of gasoline. Well, it has Treasury at today’s prices from pump. It is time for the Democrats to gone up similarly in this response. So ANWR? $192 billion. Do you think that get serious about reducing gas prices. I the question is, how do we address this would help the nanotechnology budget? call on them to join the efforts of problem if we believe in economics 101 I think it would help extremely. Move House Republicans. Let’s enact real so- and supply and demand? us from a decrease in our reliance on lutions that will provide relief for our One way we could do it is opening the imported crude oil, American-made en- taxpayers. Outer Continental Shelf to oil and gas ergy, new science and technology, Mr. Speaker, in conclusion, I am very exploration. We have legislatively put green power; and that’s kind of what supportive of H.R. 5940 and the possi- off-limits through the appropriation this debate is all about. bility that nanotechnology has for the process a prohibition, in some areas Mr. WU. Will the gentleman yield? future of science. I urge all my col- not to even do research to see if there Mr. SHIMKUS. I would be happy to leagues to support its passage. is any natural gas or oil there, but we yield to my friend from Oregon. Mr. GORDON of Tennessee. Mr. have said ‘‘no’’ to all these areas in Mr. WU. Just as my friend from Illi- Speaker, I reserve the balance of my red, that we are telling our public we nois has modified his presentation in time. do not want to look for oil and gas on light of current reality, I will not, un- Mr. HALL of Texas. Mr. Speaker, the Outer Continental Shelf deep sea less necessary, reprise the reason for how much time do I have remaining? floor exploration 50 miles off the coast. the difference between a $60 barrel of The SPEAKER pro tempore. The gen- We are saying ‘‘no.’’ oil and a $120 barrel of oil, which is the tleman from Texas has 91⁄2 minutes re- Our debate is pretty simple. At a war in Iraq, rank speculation by people maining. time of high costs of a barrel of crude who can’t take delivery of the oil, and Mr. HALL of Texas. Mr. Speaker, I oil, $123.85 a barrel, how can we not? low, cheap currency doctrine by this yield to the gentleman from Illinois How can we not go and look for our administration that has imported in- (Mr. SHIMKUS) 5 minutes. own resources? What we want, what we flation and increased oil prices. (Mr. SHIMKUS asked and was given are asking for is American-made en- Mr. SHIMKUS. Reclaiming my time. permission to revise and extend his re- ergy, American-made energy to de- But all those issues that you addressed, marks.) crease our reliance on imported crude if we had American-made energy, if we Mr. SHIMKUS. Mr. Speaker, I come oil in places that are not stable, in the weren’t relying on imported crude oil, in support of this legislation, and have Middle East, in Venezuela, that are you know, why does the cheap dollar come to learn that this nanotechnol- holding us captive. We know there are affect our price? Because we’re buying ogy has great opportunities to help us resources there. crude oil overseas. If we were pro- in the whole energy debate. I think Let me talk about another great op- ducing our own crude oil in our coun- nanotechnology can help in the solar portunity that we have. In Illinois, the try, the dollar wouldn’t matter. powered cells. I understand that nano- Illinois coal basin is basically the The speculators, you know the specu- technology might be able to help tak- whole geography of the State of Illi- lators. What are they betting? I love ing light energy and turning it into hy- nois, and of course the chairman knows this debate. They are betting that drogen, which is important. It can be a lot and is very supportive of coal use we’re going to do nothing. very important in addressing the long- in America. It also is Western Ken- You want to go after the speculators? lasting battery issue debate which will tucky and the southwestern part of In- Bring on more supply. They’re betting move us to plug-in hybrids sometime in diana. We have as much coal in energy that this barrel is going to go up, not the future, which we all realize is an output as Saudi Arabia has oil just in go down. important aspect of what we need to do the Illinois coal basin. So the question Mr. WU. If the gentleman would to get to energy independence. And, is, why aren’t we using it to decrease yield. green nanoenergy, which is important our reliance on imported crude oil? Mr. SHIMKUS. I would be happy to. in this whole climate debate. Why aren’t we using coal in turning it Mr. WU. Speculators do bet on that. I also hope that nanotechnology can into liquid fuel? Look at the benefits Bubbles also occur in markets now. A address some of the other pressing sci- we have of coal fields: American made witness to the Foreign Affairs Com- entific needs: The issue of maybe re- energy. A coal field in America, Amer- mittee said we have 4 percent of the processing nuclear spent fuel. Maybe ican jobs mining that coal, American proven oil reserves. And yet the Repub- taking the carbon dioxide and splitting jobs to build the coal to liquid refinery. lican response is, drill that 4 percent; it the carbon from the oxygen and ad- The SPEAKER pro tempore. The will solve our problems. We have 4 per- dressing the climate change so we can time of the gentleman has expired. cent of the world’s oil reserves. Drill

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Mr. Speaker, I simulation and characterization to enable rapid 1995, we would have that oil today. have no further requests for time, and prediction, characterization and monitoring for House Republicans support ANWR 91 I yield back the balance of my time. nanoscale manufacturing. percent of the time on votes. House Mr. GORDON of Tennessee. Mr. I am also pleased that H.R. 5940 will re- Democrats 86 oppose. Clear difference. Speaker, once again I want to thank quire that the NNI Advisory Panel must be a Mr. HALL of Texas. Mr. Speaker, the majority and minority members of stand-alone advisory committee. This is a con- how much time do I have, if any? the Science and Technology Com- cept, I originally proposed in 2002 in the The SPEAKER pro tempore. The gen- mittee for working together on this Nanoscience and Nanotechnology Advisory tleman has 11⁄2 minutes. collaborative good effort. Board Act, H.R. 5669 in the 107th Congress. Mr. HALL of Texas. I reserve the bal- To my friend, my passionate friend I would like to thank the members of the ance of my time. from Illinois, let me say, just as he Blue Ribbon Task Force on Nanotechnology, Mr. GORDON of Tennessee. Mr. knows that you can’t turn an oil tank- BRTFN, a panel of California nanotechnology Speaker, I yield 45 seconds to the gen- er around on a dime, the fact of the experts with backgrounds in established indus- tleman from Oregon (Mr. DEFAZIO). matter is that we can’t overturn the 4 try, startup companies, consulting groups, Mr. DEFAZIO. Drilling permits are or 8 years previous nearsighted policy nonprofits, academia, government, medical re- up by two times in the last 5 years. But on a dime either. But rather than point search, and venture capital that I convened the price of gas is up by two times in fingers and trying to be a partisan de- with then-California State Controller Steve the last 5 years. More permits do not bate here, we can work together and Westly during 2005, for the important rec- bring lower prices. 10,000 more permits make some changes. ommendations included in its report, Thinking than wells since 2004. 92 million acres This nanotechnology bill is one more Big About Thinking Small, many of which are of onshore and offshore land currently effort in helping to provide American reflected in the bill we are considering today. under lease, but 67 million acres, over technology for domestic production of I would also like to thank Scott Hubbard, who 70 percent, has not been developed by energies of all sorts, the energies of the was the director of the NASA Ames Research the oil and gas companies. They have a future, the jobs that come with that. Center at that time and who served as work- lot to work with. They’re not doing it. Mr. HONDA. Madam Speaker, I rise today ing chair of the BRTFN, and all of the staff at 80 percent of the oil and gas still in the in support of H.R. 5940, the National Ames whose hard work made the task force OCS is where there is no moratorium. Nanotechnology Initiative Amendments Act. run so well and helped produce a great report. Now, I don’t know why the gen- I commend Chairman BART GORDON and The report is available on my website at http:// tleman, during the nanotechnology de- the other members of the Science and Tech- honda.house.gov/issues/links/brtfn_report_ bate, nanotechnology which needs to nology Committee, on which I am proud to final.pdf. be advanced by this country so we at have once served, for the hard work and Again, I congratulate the Science and Tech- least don’t lose one more promising fu- thoughtful consideration that went into this bill. nology Committee and Chairman GORDON for ture technology, is bringing up this I am pleased that this bill includes numerous their work on this bill and thank them for incor- issue, unless he’s talking about little provisions that I originally proposed in my own porating so many of the provisions from my tiny drill bits that would have less en- legislation, the Nanotechnology Advancement bill into H.R. 5940, and I urge my colleagues vironmental impact. and New Opportunities, NANO, Act, H.R. to support this important legislation to reau- Mr. HALL of Texas. Mr. Speaker, I 3235. thorize the Nation’s nanotechnology research yield to Mr. SHIMKUS, the gentleman Nanotechnology has the potential to create and development program. from Illinois, 1 minute. entirely new industries and radically transform Mr. GORDON of Tennessee. Mr. (Mr. SHIMKUS asked and was given the basis of competition in other fields, and I Speaker, I yield back the balance of permission to revise and extend his re- am proud of my work with former Science my time, and suggest we pass this very marks.) Committee Chairman Sherwood Boehlert on good bill. The SPEAKER pro tempore. The Mr. SHIMKUS. I want to thank the the Nanotechnology Research and Develop- question is on the motion offered by chairman for the time. With a minute ment Act of 2003 to foster research in this the gentleman from Tennessee (Mr. left, I may not be able to yield to you, area. GORDON) that the House suspend the David. I would be happy to most times. But one of the things policymakers have rules and pass the bill, H.R. 5940, as This is the problem. $23 to $58 to $123. heard from experts is that while the United You only address that by bringing on amended. States is a leader in nanotechnology research, The question was taken. more supply. We have oil and gas in the our foreign competitors are focusing more re- The SPEAKER pro tempore. In the Outer Continental Shelf, and we need sources and effort on the commercialization of opinion of the Chair, two-thirds being to be there. those research results than we are. in the affirmative, the ayes have it. I’ve got margin oil wells. I’ve got oil Both H.R. 5940 and my own bill would focus Mr. GORDON of Tennessee. Mr. all over the State of Illinois. Do you America’s nanotechnology research and de- Speaker, on that I demand the yeas know why we don’t drill on every acre? velopment programs on areas of national need and nays. Because you’re not going to find oil on such as energy, health care, and the environ- The yeas and nays were ordered. every acre. ment, and have provisions to help assist in the The SPEAKER pro tempore. Pursu- Why are leases not put out? Because commercialization of nanotechnology. ant to clause 8 of rule XX and the there may not be oil there. In fact, on In recent months, there has been much dis- Chair’s prior announcement, further the Outer Continental Shelf on the At- cussion about potential health and safety risks proceedings on this motion will be lantic coast we won’t even inventory associated with nanotechnology. Uncertainty is postponed. it. Last Congress we said no to inven- one of the major obstacles to the commer- f tory what we might have on the East- cialization of nanotechnology—uncertainty ern Seaboard. about what the risks might be and uncertainty SENSE OF CONGRESS REGARDING All I want to do is bring down crude about how the Federal Government might reg- SCIENCE EDUCATION oil prices. The only way you do it is ulate nanotechnology in the future. Both my Ms. EDDIE BERNICE JOHNSON of bringing on more supply. It’s clear bill and H.R. 5940 require the development of Texas. Mr. Speaker, I move to suspend from the votes over the past 12 years, a nanotechnology research plan that will en- the rules and agree to the concurrent Republicans want to bring on more sure the development and responsible stew- resolution (H. Con. Res. 366) expressing supply. Democrats, the vast majority ardship of nanotechnology. the sense of Congress that increasing of them, do not. All we’re asking is Other important areas that are addressed by American capabilities in science, that we have some that want to do both H.R. 5940 and H.R. 3235 include: the de- mathematics, and technology edu- that. velopment of curriculum tools to help improve cation should be a national priority.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4912 CONGRESSIONAL RECORD — HOUSE June 4, 2008 The Clerk read the title of the con- Ms. EDDIE BERNICE JOHNSON of better prepared work force. The root of current resolution. Texas. Mr. Speaker, I yield myself such that preparation is education. And it is The text of the concurrent resolution time as I might consume. too serious and too important not to is as follows: Mr. Speaker, I rise in support of give the utmost attention. H. CON. RES. 366 House Concurrent Resolution 366, ex- Mr. Speaker, I wish that every school Whereas the economic competitiveness of pressing the sense of Congress that in- could get the support and perform as the Nation depends on strong science, math- creasing American capabilities in well as Townview does. But my resolu- ematics, and technology capabilities science, math and technology edu- tion expresses a sense of Congress that throughout the workforce; cation should be a national priority. we must make education a much high- Whereas the need for improvement in edu- Our Nation’s youth are key to our Na- er national priority. cation is acute in the areas of science, math- tion’s future prosperity. A couple of years ago there was a ematics, and technology; And I have schools in my district publication by the National Academies Whereas our national competitiveness that are ranking very high; 1, 2, 3 and of Science and Medicine and the Na- strategy must include the goals of— (1) ensuring that all young persons achieve 4. They’ve been 1 and 2 and now they’re tional Science Foundation entitled the a level of technological literacy adequate to 2 and 4. That’s called the Townview Rising Tide Before the Gathering prepare them for the demands of a scientific Gifted and Talented school, ranked sec- Storm. Well, the gathering storm of and technologically oriented society; and ond in the Nation; was considered the international competition is already (2) fulfilling the need for a deep pool of tal- best public school last year in the na- here, and so we must reform our public ented American leaders in science and tech- tion. And the Science and Engineer education policies, provide greater nological research and development; Magnet was ranked fourth this year, challenges to our students and give Whereas numerous research reports indi- and it was number 2 last year by News- young people the tools and opportuni- cate the Nation is not achieving these goals; week magazine. Whereas the most recent United States Na- ties that they need to succeed. Our tional Assessment of Educational Progress Townview’s School of Talented and economy in this country depends on reveals that a majority of those 17 years of Gifted was always ranked among the this; and we start with well-prepared age are poorly equipped for informed citizen- best high schools in America, and this teachers. ship and productive performance in the year, by the U.S. News and World Re- Mr. Speaker, I reserve the balance of workplace; port. my time. Whereas by 2016, 35.4 percent of our work- In support from the high tech indus- 1315 force will be comprised of minority workers, try such as Texas Instruments in Dal- b and 46.6 percent will be women; and las, as well as other local generous in- Mr. HALL of Texas. Mr. Speaker, I Whereas women and minorities continue to vestors which have been critical to set- rise today in support of House Concur- be underserved by and underrepresented in rent Resolution 366. This resolution ex- science and mathematics: Now, therefore, be ting up the schools for the students’ it success. Unfortunately, few schools presses the sense of Congress that in- Resolved by the House of Representatives (the demonstrate the educational excel- creasing American capabilities in Senate concurring), That it is the sense of lence of Townview, not even any more science and mathematics and tech- Congress that— in Dallas. Congress must incentivize nology education should be a national (1) this Nation should dedicate its re- investments at the local level to help priority, and I couldn’t agree more. I sources to the development of a broad pool of improve the quality of public edu- gladly support the gentlelady from citizens who are functionally literate in cation. Texas’s resolution. science, mathematics, and technology; The Science Committee recognized a (2) a national science education policy in The UTeach Program, which started the coming decade should address the crucial in Texas and headquartered at the Uni- few years ago that this Nation needed need areas of— versity of Texas in Austin, is a terrific to make American capabilities in (A) substantially increasing science schol- education program that places en- STEM education a priority. Our cur- arships and providing adequate financial re- gaged, highly trained teachers in the rent chairman, Mr. GORDON, along with sources to permit students from underrep- classroom. These educators, in turn, then-Chairman Sherry Boehlert re- resented populations to study science, math- inspire their students. Young people quested the report that was to become ematics, and technology; and are learning that math and science are the ‘‘Rising Above the Gathering (B) actively involving National Science Storm’’ report to which we have so Foundation involvement in curriculum de- fun. They’re learning that these sub- velopment with strong emphasis on rein- jects are important, and that they can often referred in this Congress. As a re- forcing science and mathematics concepts at lead to fulfilling and profitable careers. sult of this report, the President came each grade level; and UTeach is funded partially by gen- out with his American Competitive Ini- (3) this national challenge can be met erous investments from the private tiative; and this Congress passed, and through strong leadership from the White sector which needs these people for fu- the President signed, the America House Office of Science and Technology Pol- ture employment. So we consider it an COMPETES Act, which specifically ad- icy; other Federal, State, and local govern- investment for them. dresses the concerns raised in this reso- ments; and with long-term commitments UTeach has tracked the success of its lution. from the civic, business, and engineering In COMPETES, we’re dedicating re- communities. educational model, and it is trans- forming the quality of math and sources to create a broad pool of citi- The SPEAKER pro tempore. Pursu- science education in schools that it zens who are literate in STEM subjects ant to the rule, the gentlewoman from touches. Demonstrated methods of suc- and we are increasing science scholar- Texas (Ms. EDDIE BERNICE JOHNSON) cess must be supported and expanded, ships and providing financial resources and the gentleman from Texas (Mr. and this is critical for our Nation. to attract underrepresented popu- HALL) each will control 20 minutes. Tomorrow’s high-tech jobs will re- lations to STEM fields. Likewise, NSF The Chair recognizes the gentle- quire a skilled workforce. Today’s stu- is funding tremendous STEM education woman from Texas. dents are not being adequately pre- curriculum work in all grades, and GENERAL LEAVE pared for these jobs, and it is my fear OSTP and other Federal agencies, like Ms. EDDIE BERNICE JOHNSON of that businesses will increasingly look the Department of Education, are pro- Texas. Mr. Speaker, I ask unanimous toward China, Taiwan, Japan and India viding strong leadership as appropriate consent that all Members may have 5 for their workforce needs. Those na- at the Federal level. legislative days to revise and extend tions are investing a greater percent- A few weeks ago, I held a hearing in their remarks and to include extra- age of their gross national product on Texarkana, Texas at the Martha and neous materials on House Concurrent the education of scientists, mathemati- Josh Morriss Mathematics and Engi- Resolution 366 now under consider- cians and engineers. They’re producing neering Elementary School, a 100 per- ation. a large workforce of bright, young, tal- cent locally funded public school that The SPEAKER pro tempore. Is there ented individuals who work for less focuses on inspiring our young children objection to the request of the gentle- money than our citizens will. American to excel in math and science at an woman from Texas? companies are already hiring them. early age and hopefully keep them in- There was no objection. And the only solution is to produce a terested all the way through college.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4913 This school is a prime example of the text and meaning. At the same time, the sol- something that gives experience a rich and kind of leadership and commitment dier’s letter emphasized something I’ve in- otherwise inaccessible dimension. necessary at the local level and in- creasingly come to believe: our educational It’s one thing to go outside on a crisp, clear night and marvel at a sky full of stars. cluded input from several groups, busi- system fails to teach science in a way that allows students to integrate it into their It’s another to marvel not only at the spec- nesses, the academic community, and lives. tacle but to recognize that those stars are parents. Allow me a moment to explain. the result of exceedingly ordered conditions However, there is always room for When we consider the ubiquity of 13.7 billion years ago at the moment of the improvement, and we should strive to cellphones, iPods, personal computers and Big Bang. It’s another still to understand do more. In fact, it’s imperative that the Internet, it’s easy to see how science how those stars act as nuclear furnaces that we do more if we’re to remain the (and the technology to which it leads) is supply the universe with carbon, oxygen and world leader in innovation and tech- woven into the fabric of our day-to-day ac- nitrogen, the raw material of life as we know tivities. When we benefit from CT scanners, it. nology. M.R.I. devices, pacemakers and arterial And it’s yet another level of experience to I urge my colleagues to support the stents, we can immediately appreciate how realize that those stars account for less than resolution introduced by my good science affects the quality of our lives. When 4 percent of what’s out there—the rest being friend, Ms. JOHNSON. we assess the state of the world, and identify of an unknown composition, so-called dark I reserve the balance of my time. looming challenges like climate change, matter and energy, which researchers are Ms. EDDIE BERNICE JOHNSON. Mr. global pandemics, security threats and di- now vigorously trying to divine. Speaker, I now yield 3 minutes to the minishing resources, we don’t hesitate in As every parent knows, children begin life gentleman from (Mr. turning to science to gauge the problems and as uninhibited, unabashed explorers of the find solutions. unknown. From the time we can walk and HOLT). And when we look at the wealth of oppor- talk, we want to know what things are and Mr. HOLT. Mr. Speaker, I rise today tunities hovering on the horizon—stem cells, how they work—we begin life as little sci- in support of this resolution and com- genomic sequencing, personalized medicine, entists. But most of us quickly lose our in- mend my colleague, EDDIE BERNICE longevity research, nanoscience, brain-ma- trinsic scientific passion. And it’s a profound JOHNSON, for introducing it and the chine interface, quantum computers, space loss. chairman of the Science Committee for technology—we realize how crucial it is to A great many studies have focused on this bringing it forward. cultivate a general public that can engage problem, identifying important opportuni- This resolution expresses the sense of with scientific issues; there’s simply no ties for improving science education. Rec- ommendations have ranged from increasing Congress that increasing American ca- other way that as a society we will be pre- pared to make informed decisions on a range the level of training for science teachers to pabilities in science, mathematics, and of issues that will shape the future. curriculum reforms. technology education should be a na- These are the standard—and enormously But most of these studies (and their sug- tional priority. And I must say, I hope important—reasons many would give in ex- gestions) avoid an overarching systemic Members on the other side of this aisle plaining why science matters. issue: in teaching our students, we contin- will avoid distracting us with red her- But here’s the thing. The reason science ually fail to activate rich opportunities for rings across the trail and debating really matters runs deeper still. Science is a revealing the breathtaking vistas opened up way of life. Science is a perspective. Science other diverting matters such as drill- by science, and instead focus on the need to is the process that takes us from confusion gain competency with science’s underlying ing and digging in the United States to understanding in a manner that’s precise, technical details. and stick to this topic which is of crit- predictive and reliable—a transformation, In fact, many students I’ve spoken to have ical importance. for those lucky enough to experience it, that little sense of the big questions those tech- Since first coming to Congress al- is empowering and emotional. To be able to nical details collectively try to answer: most a decade ago, I stressed the need think through and grasp explanations—for Where did the universe come from? How did for a new major national effort to im- everything from why the sky is blue to how life originate? How does the brain give rise prove science, mathematics, and tech- life formed on earth—not because they are to consciousness? Like a music curriculum that requires its students to practice scales nology education. I’m a product of the declared dogma but rather because they re- veal patterns confirmed by experiment and while rarely if ever inspiring them by play- science revolution in the United States observation, is one of the most precious of ing the great masterpieces, this way of that occurred following the launch of human experiences. teaching science squanders the chance to Sputnik in 1957. And today, as this res- As a practicing scientist, I know this from make students sit up in their chairs and say, olution notes, we must recommit our- my own work and study. But I also know ‘‘Wow, that’s science?’’ selves to creating a new generation of that you don’t have to be a scientist for In physics, just to give a sense of the raw scientists, engineers, and mathemati- science to be transformative. I’ve seen chil- material that’s available to be leveraged, the cians, and just as important, indeed dren’s eyes light up as I’ve told them about most revolutionary of advances have hap- black holes and the Big Bang. I’ve spoken pened in the last 100 years—special rel- more important, we need to build a with high school dropouts who’ve stumbled ativity, general relativity, quantum mechan- general public that is literate and com- on popular science books about the human ics—a symphony of discoveries that changed fortable with science, math, tech- genome project, and then returned to school our conception of reality. More recently, the nology. with newfound purpose. And in that letter last 10 years have witnessed an upheaval in I would ask at this point to include from Iraq, the soldier told me how learning our understanding of the universe’s composi- in the RECORD a copy of a recent op-ed about relativity and quantum physics in the tion, yielding a wholly new prediction for essay entitled ‘‘Put a Little Science in dusty and dangerous environs of greater what the cosmos will be like in the far fu- Your Life’’ by Brian Greene, professor Baghdad kept him going because it revealed ture. a deeper reality of which we’re all a part. These are paradigm-shaking developments. of physics at Columbia and author of It’s striking that science is still widely But rare is the high school class, and rarer The Elegant Universe. He discusses the viewed as merely a subject one studies in the still is the middle school class, in which importance of science in everyone’s classroom or an isolated body of largely eso- these breakthroughs are introduced. It’s lives, not just scientists. teric knowledge that sometimes shows up in much the same story in classes for biology, [From the New York Times, June 1, 2008] the ‘‘real’’ world in the form of technological chemistry and mathematics. or medical advances. In reality, science is a At the root of this pedagogical approach is PUT A LITTLE SCIENCE IN YOUR LIFE language of hope and inspiration, providing a firm belief in the vertical nature of (By Brian Greene) discoveries that fire the imagination and in- science: you must master A before moving A couple of years ago I received a letter still a sense of connection to our lives and on to B. When A happened a few hundred from an American soldier in Iraq. The letter our world. years ago, it’s a long climb to the modern began by saying that, as we’ve all become If science isn’t your strong suit—and for era. Certainly, when it comes to teaching the painfully aware, serving on the front lines is many it’s not—this side of science is some- technicalities—solving this equation, bal- physically exhausting and emotionally de- thing you may have rarely if ever experi- ancing that reaction, grasping the discrete bilitating. But the reason for his writing was enced. I’ve spoken with so many people over parts of the cell—the verticality of science is to tell me that in that hostile and lonely en- the years whose encounters with science in unassailable. vironment, a book I’d written had become a school left them thinking of it as cold, dis- But science is so much more than its tech- kind of lifeline. As the book is about tant and intimidating. They happily use the nical details. And with careful attention to science—one that traces physicists’ search innovations that science makes possible, but presentation, cutting-edge insights and dis- for nature’s deepest laws—the soldier’s letter feel that the science itself is just not rel- coveries can be clearly and faithfully com- might strike you as, well, odd. evant to their lives. What a shame. municated to students independent of those But it’s not. Rather, it speaks to the pow- Like a life without music, art or lit- details; in fact, those insights and discov- erful role science can play in giving life con- erature, a life without science is bereft of eries are precisely the ones that can drive a

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4914 CONGRESSIONAL RECORD — HOUSE June 4, 2008 young student to want to learn the details. don’t have the funds. Well, if we went what our constituents are talking We rob science education of life when we into ANWR, which is the size of the about is the present. There has been focus solely on results and seek to train stu- State of South Carolina and had a more than $1.68 increase in gasoline dents to solve problems and recite facts drilling path that formed the size of prices. How can we even send our kids without a commensurate emphasis on trans- porting them out beyond the stars. Dulles Airport or a football field and to the university if energy costs have Science is the greatest of all adventure put a postage stamp on that, we’ve got doubled? We should have both debates, stories, one that’s been unfolding for thou- the revenues. Just with the royalties and we should not be afraid to talk sands of years as we have sought to under- from ANWR we could fund science and about how to get out of this problem. stand ourselves and our surroundings. technology. In fact, we’re going to have Mr. HOLT. If the gentleman will Science needs to be taught to the young and a resources bill on the floor that’s yield. communicated to the mature in a manner going to address at least the pay-for, Mr. SHIMKUS. I would be happy to that captures this drama. We must embark which was a method to address Mr. on a cultural shift that places science in its yield. rightful place alongside music, art and lit- DEFAZIO’s issue on leases. Mr. HOLT. We will not get out of this erature as an indispensable part of what Mr. HOLT. Will the gentleman yield? problem by doing more of the same makes life worth living. Mr. SHIMKUS. Yes, I will. that we have been doing. It’s the birthright of every child, it’s a ne- So we’re willing to talk about this, Mr. SHIMKUS. Reclaiming my time, cessity for every adult, to look out on the but golly, if we’re not talking about you all want to do no exploration, no world, as the soldier in Iraq did, and see that energy and the price of gasoline at the gas, no coal, no nuclear, which brings the wonder of the cosmos transcends every- pump, then what are we doing? thing that divides us. costs up. We’re saying let’s bring on Mr. HOLT. Will the gentleman yield? more supply. Let’s mitigate the cost. There is no denying that America is Mr. SHIMKUS. I would be happy to losing ground and global competitive- Let’s plan for the future. We are talk- yield. ing about now. We are not talking ness to countries that are making the Mr. HOLT. Quite simply, the reason about 30, 40 years from now. We need to necessary investments in education gasoline prices are so high today—of talk about that debate. Your com- and research and development. We owe course there is international specula- mittee is a great committee to talk our current economic strength, our tion—is there’s demand from other about the future, but we have got $123 current national security, our current countries; there’s the falling value of a barrel of crude oil today. No nano- quality of life, to the investments of the dollar. Principally, it is because, in technology, no recognizing science and past generations. past decades, we failed to wean our- education is going to bring that cost However, the Federal Government selves from fossil fuels. We have failed down. has failed to fund adequately research, to make the investment in research Ms. EDDIE BERNICE JOHNSON. Mr. development, and innovation. Invest- and development that would make that Speaker, I yield 3 minutes to Mr. LIPIN- ment in these areas ensures that Amer- possible. You’re talking about drilling SKI from Illinois. ican people will continue to benefit in Alaska. from opportunities of the rapidly grow- Mr. SHIMKUS. If the gentleman Mr. LIPINSKI. Mr. Speaker, I rise ing global economy and its inherent would yield. today in support of the resolution that foundations. Mr. HOLT. If I may continue. we are right now talking about on the In August of 2007, this body passed Mr. SHIMKUS. Yes, you may. I’m floor, and I want to commend my col- into law, as my colleague from Texas just going to debate. league from Texas for introducing this pointed out, a comprehensive competi- If we had the resources from the roy- legislation. My constituents certainly tiveness package, the America COM- alties on oil and gas exploration in the understand that we need to both look PETES Act, which was based on dis- outer continental shelf or if we had the at problems that are facing us right turbing findings of the National Acad- resources from the royalties from now, today, and also we need to plan emies’ report, ‘‘Rising Above the Gath- ANWR, we would have the money to be for the future or else we wind up in sit- ering Storm,’’ that our Nation is se- able to segue into a national debate on uations like we’re facing today. verely underinvesting in engineering solar, on wind, on biotechnology, on As vice chairman of the House and the physical sciences. the nanotechnology. There is a whole Science and Technology Committee, as Unfortunately, the fiscal year 2008 pot of money out there. A lot of people well as a former college professor and budget fell short of the required goal. in America think that we have no fos- engineer and husband of a credentialed Without taking a bold, different ap- sil fuels, no energy resources left in actuary, I became aware of the need to proach in this year’s appropriation this country. So this is the problem. I invest in STEM education for young cycle, Congress will be delivering a mean you kind of identified it, but Americans. Providing high-quality jobs blow to our future economic security when a barrel of crude oil is $23 in Jan- for hardworking Americans must be and competitiveness. uary 2001 and in January 2006 it goes up our top priority. In order to accomplish I thank gentlelady for introducing double and now it’s up double again, that, we must be proactive. this legislation. I hope we pay heed. that’s the problem. The necessary first step is an im- Mr. HALL of Texas. Mr. Speaker, I We have to have a long-term and a proved STEM education in schools be- yield to the gentleman from Illinois short-term strategy. Our debate is the cause an educated workforce is the (Mr. SHIMKUS) 5 minutes. science and technology. That’s a long- foundation for economic strength. For Mr. SHIMKUS. I apologize to my term debate. But what do we do about generations, science and engineering friend from New Jersey because, if we easing the cost of the high food prices, have been the base of America’s eco- are not talking about the number one which is in direct correlation to energy nomic growth. We were leaders in the issue in America on the floor of the costs? We’re talking about schools. industrial revolution, and we initiated House, then what are we here for? What is the number one problem in the Internet age. Today, these fields Science and technology is critical to schools today? Diesel prices for school continue to have great potential for decrease our reliance on imported buses has doubled. Energy costs for growing our economy and employing crude oil. Science and technology will heating and cooling are doubling. That more Americans. bring us to a new era where we don’t goes to the local taxpayer. So we ought Between 1983 and 2004, the percentage have to rely on the energy supplies of to be talking about this. of the U.S. workforce in science and en- the past. So I concur, and I support Mr. HOLT. If the gentleman would gineering occupations almost doubled. this resolution, and I’m glad people are yield. Ground-breaking discoveries in innova- debating it. Mr. SHIMKUS. I yield to my friend. tive technologies are continually cre- But you know what the people in Mr. HOLT. It’s the wrong argument. ating new industries and opportunities. America are debating. You know it. We are here to talk about the future Nanotechnology, which we just dis- Everybody was home during the last 10 that we will get from investment in re- cussed in the reauthorization of the days. They’re talking about this, and search and development. NNI, is just one of the many exciting this is what we ought to be doing. You Mr. SHIMKUS. Reclaiming my time, industries that are revolutionizing the mentioned in your discussion that we we want to talk about the future, but international economy.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4915 However, if we are not careful, Amer- Where do you think 40 percent of by OPEC. They still haven’t filed a ica will be left behind in future techno- that comes from? Saudi Arabia. An- complaint in the WTO. So the Bush ad- logical revolutions. This fact was high- other 20 percent from other Arab Na- ministration is taking a step that the lighted nationally when the National tions just like Saudi Arabia that don’t gentleman from Illinois opposed, inves- Academy of Sciences released its ‘‘Ris- trust us and we don’t trust them. tigating collusion which is gouging ing Above the Gathering Storm’’ report That’s what it’s all about. We can’t do consumers. We need a new energy fu- which emphasized the need for the gov- without fossil fuels. That’s foolishness. ture, but we don’t need to allow our ernment to improve science, tech- Mr. Speaker, I think it’s high-time consumers to be price gouged on the nology, engineering, and math for that we realize that we have to work way there. STEM education. In the 110th Con- together and seek technology to lessen Mr. WU raised another issue which gress, we confronted this challenge the effect of carbons and be sensible the gentleman just brushed off, which head on by enacting the America COM- about it, be reasonable about it, but we is the whole issue that credible ana- PETES Act. But additional measures can’t just shut this off and condemn lysts say, because of the Enron loop- to improve our global standing are still those that are producing, the men and hole—remember, Ken Boy? He might be needed. women in the oil industry that are pro- dead but his memory lives on, and The resolution before us today will ducing the lights that we share today about 50 cents a gallon for the Amer- assist the United States in dedicating and cleaning the air that we have ican people. Ken Boy Lay of Enron, one its resources to the STEM field and in today. of the President’s best buddies, got a promoting science education policy by We need to keep looking for tech- special loophole from this Republican educating a broad pool of Americans in nology to make it better and cleaner, Congress deregulating derivatives in these critically important fields. These but it’s foolish to talk about doing energy trading so that they could spec- areas are vital to America’s economic away with it. ulate. Well, he’s dead, Enron’s bank- I reserve the balance of my time. competitiveness, and this resolution rupt, but the speculation is rampant. Ms. EDDIE BERNICE JOHNSON of And experts tell us probably 50 cents will help to ensure a vital future for Texas. Mr. Speaker, I would like the next generation of Americans. on every gallon, 50 cents on every gal- gentleman from Oregon (Mr. DEFAZIO) lon today, you want to give immediate Mr. Speaker, we have challenges to have as much time as he may con- ahead of us, but the American people relief, reregulate the commodities mar- sume to speak on this issue. ket. You’re not regulating the price of have always succeeded in conquering Mr. DEFAZIO. I thank the gentlelady gas. You’re just saying you can’t have their greatest challenges. With this for her generous grant of time. resolution, we will get that and ensure There might be some small grounds derivatives and you can’t have Morgan that all American students receive the for agreement here. I did hear both the Stanley holding more futures contracts skills and knowledge required for suc- gentleman from Illinois and the gen- and more fuel than ExxonMobil. Just cess in the 21st century workforce. tleman from New Jersey, and particu- reregulate the market. They can’t self- I urge my colleagues to support this larly the gentleman from Illinois, in deal. Just reregulate the market. Just important resolution to plan for the fu- talking in support of the legislation bring some regular trading back to ture and plan for a brighter future for that’s actually before us, which does that market that existed before 2000. America. This resolution helps us to do not pertain to gas and oil prices or sup- You could save tomorrow 50 cents a that. ply in any way, saying we needed and gallon. Now, you can talk about ANWR, and b 1330 he supported the idea of research, in- vestment, and education, and moving he talked about it with great cer- Mr. HALL of Texas. Mr. Speaker, I toward new technologies. tainty. I’ve been sitting in on debates yield myself as much time as I may The gentleman from New Jersey for 20 years over ANWR. One well was use, subject to the amount of time I talked about a transition from a petro- drilled. What was there we don’t know. have left. Could you tell me how much leum-based economy. I think there’s It was proprietary. There are estimates time I have? some grounds, small grounds, for from a little bit to a lot of oil. But he The SPEAKER pro tempore. The gen- agreement there. knows exactly how much is there, in- tleman has 121⁄2 minutes. But I guess, and I think most Amer- teresting, and how much revenue it Mr. HALL of Texas. I thank the ican people would agree with that, they would bring, even more interesting, Speaker. know we can’t, you know, drill big and since right now oil from Alaska can The gentleman from New Jersey burn our way out of this problem. and is being exported from the United keeps talking about doing away with We’ve got to cut our dependence to States of America. I guess he’s worried fossil fuels. You know, that’s just al- OPEC and other foreign sources of oil, about the Chinese energy problem be- most laughable. You do away with fos- and we’ve got to mitigate the damage cause that’s most likely where any ad- sil fuels today, a year from today, 2 on our economy. ditional supply from Alaska would go years from today, 5 years from today, But then that’s where the disagree- until we develop more refinery capac- 10 years from today, turn these lights ment starts because mitigating the ity, which the industry refuses to do. out, cut out your air conditioners, for- damage to consumers today means tak- And there are ways to drive them to get about driving up to anywhere to ing some tough votes in this House of make that investment, but the gen- get gasoline or oil, forget about build- Representatives. One tough one was tleman doesn’t support that legislation ing the roads, heating and cooling, just May 20 of last year, rollcall 332. Now, either, which I’ve introduced. shut her all down, forget about it, and that seemed a no-brainer to me, but it So we’re hearing a lot of bloviating forget about that 40 percent we get was really tough on the Republican and talk on that side of the aisle be- from a Nation that doesn’t trust us, side, and the gentleman from Illinois cause Republicans are running scared Saudi Arabia, that’s all fossil fuels. We voted against it. because their coffers have been filled have no control over them. It was to have the Justice Depart- by this industry for years and they Sure, we ought to have technology to ment, United States Justice Depart- were put into power and Bush was put address fossil fuels to make it cleaner, ment, investigate collusion by the into the White House and DICK CHENEY but we’re whistling Dixie if we think OPEC Nations to unnecessarily con- was put into the Vice President’s man- we’re going to do away and do without strain supply and drive up the price for sion by this industry. And this indus- fossil fuels. American consumers. That was a tough try is kind of unpopular right now. It’s easy to condemn and not trust vote for the gentleman from Illinois. So they want to pretend they want to the oil and gas people, but without He voted ‘‘no.’’ He didn’t think the Jus- do something 10, 15, 20 years out. Let’s them, we wouldn’t have the lights tice Department should investigate. I even bring it a little closer in. The gen- we’re using right today. We wouldn’t also have a bill saying the President tleman again talked about ANWR. have the gasoline that’s in our cars, should file a complaint against the Well, right just a little way away from the money that it takes to build as- OPEC countries in the WTO. ANWR, guess what, there’s something phalt roads, and I could go on down the You know, the Bush administration, Bill Clinton leased called the Naval Pe- list forever. in fact, is now investigating collusion troleum Reserve. We know there’s oil

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4916 CONGRESSIONAL RECORD — HOUSE June 4, 2008 under that. Bill Clinton leased it. Bill their food, heat their homes, and how And the more we talk about the phi- Clinton’s been gone seven-and-a-half they keep their jobs. losophy, what should or should not be years. How time flies. For every dollar that there is an in- done, and the later we decide to take as How many producing wells are there crease in oil prices and gasoline prices, our policy statement that we will be- in the Naval Petroleum Reserve drilled it simply means that jobs are lost, that come energy secure and energy inde- by American companies who have revenue does not flow here. Social Se- pendent and we will develop all the re- leased that reserve? None, not one, not curity programs are diminished, and sources we have at our disposal to be- a single one. the overall quality of life is dimin- come energy independent, that’s when So, if the need is to get more produc- ished. We’re talking about real people we actually decide to try and help peo- tion going in Alaska, how about they and how real people are impacted. ple. drill the wells in the Naval Petroleum For every dollar a poor person or a I thank the Speaker for his indul- Reserve where we know there’s oil as middle-income person has to spend on gences. opposed to pretending there might be increased energy consumption, that’s a Ms. EDDIE BERNICE JOHNSON of oil in ANWR, and we could drill way dollar they cannot spend on luxuries Texas. We reserve the balance. over there, and it’s also a lot further like tuna casserole. This is what we’re Mr. HALL of Texas. Mr. Speaker, from the existing pipeline and other talking about. If you’re extremely rich, how much time do I have remaining? shipping capabilities. you can try and buy your way out of it The SPEAKER pro tempore. The gen- So there’s a heck of a lot of stuff, as like an old medieval duke buying in- tleman has 7 minutes. I said earlier in my 45-second re- dulgences from the Catholic church. Mr. HALL of Texas. Mr. Speaker, I sponse—I regret I didn’t have time at But for middle-income people and poor yield to the gentleman from North that point to yield to the gentleman. people, we are talking about how they Carolina (Mr. MCHENRY) 3 minutes. He’s not here now. I would have given live their lives, and we’re talking about Mr. MCHENRY. I rise today to agree him at least 30 seconds—to develop out a country that has more energy poten- with the resolution, but the real sub- there, but the industry isn’t developing tial locked up than other Nations have stance of the debate on the House floor it. Ten thousand permits that haven’t in their entire countries. today should be about gas prices. That been actuated, and they start talking That’s the concept that is here, and is the substance of what we should be about Illinois. yet we always come back to picky lit- talking about as a people because I These Federal leases aren’t in Illi- tle reasons why we can’t develop the know my constituents are talking source, renew that source or build on nois. I’m not aware of any Federal about it. They commute to work each that particular source as well. leases in Illinois for oil exploration. day and pay and pay and pay high gas We can’t develop in ANWR because These are off the coast where 80 per- even though the Carter administration prices every day. And it is because this cent of the supply is accessible through set this particular piece of property Congress hasn’t acted. existing leases. The industry just aside for energy development because Now, certainly the resolution calling hasn’t seen fit to develop it. Why not? it offends somebody. We can’t have for more math and science students, Because it’s working really well for windmills off the coast of Massachu- that’s well and good, but what we them right now. Record prices. They setts; it doesn’t look right. We can’t should be talking about right now is don’t really care about supply. They drill off the coast of Florida because it how we’re going to become energy sure as heck don’t want more supply to might offend the tourists someway. independent as Americans, how we use bring down the price. We all have picky little reasons on American resources, whether it’s nat- Plain and simple, they’re extorting why we can’t do it, and the net product ural gas, petroleum products, energy the American people. They’re extorting is we harm our own people because we research, how are we going to invest in through collusion with OPEC. They’re don’t have a policy that provides a those things now. extorting through speculation in the positive reinforced policy, a strong pro- This Congress, this Democrat leader- energy markets, and they’re extorting gram that will encourage conservation ship has failed to act, and I think by withholding their drilling from but also encourage production of every that’s irresponsible. leases they already have while pre- source of resources that we have at our b 1345 tending they need more. Plain and sim- disposal. ple, it’s a scam. It has to happen and it has to happen You know, one answer that they say And I’m really disappointed that the now because we’re dealing with real is conservation. That’s what some on gentleman is going to oppose my bill people. the other side of the aisle say is the an- later when he talks about all the rev- We’re also dealing with the security swer. And, you know, conservation is a enue that could be realized, when right of this country. Early on this floor, sign of personal virtue, but we cannot now royalty-free oil is flowing out of they talked about an element of sec- conserve our way to energy independ- the gulf because of a bureaucratic tion 526 that was passed in the energy ence, American energy independence. error, and he doesn’t want to fix that bill which simply had the proposal of So what do we do? Well, I believe we problem because he thinks the oil com- cutting out the needs of our military in have to use our technology and our in- panies need the money more than my their advancement for alternative syn- novation here in the United States to counties and schools, and we’ll hear thetic fuels. That’s one of the things become energy independent. We have more about that later. we’re looking at. Five years ago, it vast resources, whether it’s oil shale in Mr. HALL of Texas. Mr. Speaker, I cost us $2 billion a year for petroleum the Rocky Mountain west, whether it’s yield to the gentleman from (Mr. for our military. Today, we’re talking tar sands in our neighboring Canada, in BISHOP) 3 minutes. about $12 billion a year. We cannot do order to harvest oil out of those areas. Mr. BISHOP of Utah. I appreciate the that any longer. Those are the issues We must do it, though. The American comments that have been made so far. we have to have. people are paying close to $4 at the I’m reminded by President Reagan, We have to realize that what we’re pumps, and that’s unacceptable. And I who once said there you go again, and talking about is real people. think, beyond that, when it comes to some of those statements can apply The SPEAKER pro tempore. The gen- energy, we need an American solution, here. tleman’s time has expired. an America that relies on its own inge- But one statement was they aren’t Mr. HALL of Texas. I yield the gen- nuity and innovation, not beholden to accurate, but what we are talking tleman another 30 seconds. the Saudi royal family. about here in this part of the discus- Mr. BISHOP of Utah. Who we are I call on this Congress to act, to sion deals with how real people are im- hurting are real people, and those peo- streamline the regulation process so we pacted in their daily lives. ple who are in the middle income and can get new refineries online, to open We no longer are talking about en- those people who are on the edges of up new areas of exploration. That’s ergy consumption as an ethereal proc- our society and those people on fixed what we should be doing, not simply ess or whether it meets different needs, incomes, which is about 45 million debating this resolution, but working kind of a policy concept. We’re talking Americans, those are the ones who get on real, substantive issues the Amer- about how people, real people, bake hurt first. ican people need and desire.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4917 My constituents in western North carping about the need for new places when we talk about who’s furnishing Carolina demand action when it comes to go and drill for oil. Bill Clinton has fossil fuels, and who’s furnishing nu- to lowering gas prices. And this Con- been gone 71⁄2 years. How many pro- clear energy, who’s furnishing clean gress can do something about it, but ducing wells are there in the Naval Pe- coal, who’s furnishing solar. And no we have to open up new areas of explo- troleum Reserve? Goose egg, zero, same one has objected to this or no one has ration, we have to increase refining ca- as the number of new refineries, goose said it’s not so, 91 percent of the House pacity, and we have to invest in renew- egg, zero, because they’re making huge Republicans have historically voted to able energy sources that are clean, effi- profits the way it is. Why should they increase the production of American- cient, and American solutions that give relief to the American consumers made oil and gas, while 86 percent of make us self-reliant. because relief means lower extor- the House Democrats have historically Ms. EDDIE BERNICE JOHNSON of tionate profits for them. They have no voted against increasing the produc- Texas. Mr. Speaker, may I inquire as to intention of giving relief to the Amer- tion of American-made oil and gas. I how much time is remaining? ican people. This is a red herring. don’t know where the other thousand The SPEAKER pro tempore. The gen- Mr. HALL of Texas. Mr. Speaker, I are, but that’s the major reason we’re tlewoman has 3 minutes. yield 1 minute to the gentleman from where we are today. Ms. EDDIE BERNICE JOHNSON of North Carolina (Mr. MCHENRY). They don’t want to drill here. They Texas. I would like to yield 21⁄2 minutes Mr. MCHENRY. I thank the gen- won’t let us drill off the coast of Flor- to Mr. DEFAZIO to respond to the last tleman for yielding. And I appreciate ida. They don’t want to drill up in presenter. the opportunity to respond to my col- ANWR. Let me tell you something, we Mr. DEFAZIO. There are 36.9 billion league and his utter fabrication about better be drilling on American soil or reasons why we aren’t doing more to the history. we’re going to have to send our Amer- protect consumers today, why we Now, talk about rewriting history ican boys to take some energy away haven’t filed the complaints against here; instead of complaining about the from someone. And that would be an OPEC, why the Republicans voted problem, we’re offering solutions. And absolute crime when we have plenty against investigating collusion by I’m proud that I’m part of the solution. right here at home. It’s a shame we OPEC, why the Republicans created And that solution is to hold the oil don’t use our own. loopholes in energy trading so that companies accountable. That’s right, Mr. Speaker, I yield back the balance Enron could get rich—well, they went the gentleman is right about that. But of my time. bankrupt, actually, but others can I think we have to go a step further. Ms. EDDIE BERNICE JOHNSON of speculate in the market, driving up gas We have to make sure that refineries Texas. Mr. Speaker, I would like to say 50 cents a gallon today. And they don’t can get online. The reason why they that what we’re really discussing is the want to close that loophole because won’t build new refineries is that regu- House Concurrent Resolution 366, mak- their rich buddies benefit from it, just lation that this Congress supports, the ing science and math and technology like their rich buddies in the oil indus- trial lawyers as well, and the extreme education a priority. And I now would try benefit from the lack of supply. environmental community that fund like to ask my colleagues to support But I was shocked to hear the gen- the left, and my colleagues on the left, and pass this resolution. tleman talk about needing to loosen up they’re all about shutting down new re- Mr. Speaker, I yield back the balance regulations in order to get more refin- finery capacity. of my time. ery capacity. A few years ago, George Beyond that, my colleague that just The SPEAKER pro tempore. The Bush offered to let any oil company spoke is not for any exploration in this question is on the motion offered by that wanted to build a new refinery country whatsoever. And the American the gentlewoman from Texas (Ms. build it on a closed military base and people know this, Mr. Speaker. The EDDIE BERNICE JOHNSON) that the waive all the environmental laws. How American people know that we need House suspend the rules and agree to many takers did he get? Big goose egg, more supply of energy, and that will the concurrent resolution, H. Con. Res zero, none. bring prices lower, not this rewriting of 366. What did the head of Exxon Mobil history that my colleague just issued. The question was taken; and (two- say just 2 weeks ago? We’re not inter- Ms. EDDIE BERNICE JOHNSON of thirds being in the affirmative) the ested in building refineries; we’re doing Texas. Mr. Speaker, I yield 20 seconds rules were suspended and the concur- just fine the way things are. They are to the gentleman to respond, Mr. rent resolution was agreed to. restraining, and they have restrained DEFAZIO. A motion to reconsider was laid on over the last decade, refinery capacity Mr. DEFAZIO. I thank the the table. in collusion to drive up the price. It’s gentlelady. yet another excuse to drive up the First off, it was the head of f price. ExxonMobil, the most profitable indus- MESSAGE FROM THE SENATE So they don’t want to build refineries try in the history of the world, who and give relief to the American con- said he has no intention of building a A message from the Senate by Ms. sumers. They don’t want us to take on refinery. He didn’t mention regulations Curtis, one of its clerks, announced the collusion of OPEC because they’re or bureaucracy. He said they’re doing that the Senate has passed without making money off of it. They don’t just fine the way it is, why would they amendment a concurrent resolution on want us to stop the speculation in the build another refinery? And other CEOs the House of the following title. commodities market because Big Oil of oil companies have said the same H. Con. Res. 309. Concurrent resolution au- and big Wall Street are making money thing. thorizing the use of the Capitol Grounds for off it. It’s not bureaucracy or regulation. the District of Columbia Special Olympics And then they want to shift to this They didn’t take Bush up on his loop- Law Enforcement Torch Run. fatuous debate about ANWR. They hole to put it on closed military bases. The message also announced that the know exactly how much oil is there, So that’s not the issue. Don’t try that Senate has passed bills of the following unlike anybody else in the world ex- stuff. titles in which the concurrence of the cept the one company that drilled the Mr. HALL of Texas. Mr. Speaker, I House is requested: one proprietary well 25 years ago, yield myself the balance of the time. S. 2162. An act to improve the treatment they’re the only people who know if The gentleman from Oregon is a very and services provided by the Department of there is or isn’t anything there. But we good speaker and knowledgeable. He’s Veterans Affairs to veterans with post-trau- do know underneath the former Na- been here a long, long time. He said matic stress disorder and substance use dis- tional Petroleum Reserve, set aside by there are a thousand reasons why we’re orders, and for other purposes. a much more far-sighted administra- out of energy and why we’re in the sit- S. 2967. An act to provide for certain Fed- eral employee benefits to be continued for tion 70 years ago, there is a sea of oil uation we’re in. I will say maybe certain employees of the Senate Restaurants underneath the National Petroleum there’s two less. You just take these after operations of the Senate Restaurants Reserve. And Bill Clinton leased that two, though, out of that thousand, I are contracted to be performed by a private to the oil industry because they were don’t know how many he has left. But business concern, and for other purposes.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4918 CONGRESSIONAL RECORD — HOUSE June 4, 2008 RECOGNIZING OUTSTANDING The SPEAKER pro tempore. Pursu- According to the National Science WOMEN SCIENTISTS, TECH- ant to the rule, the gentlewoman from Foundation, a recent study of fourth NOLOGISTS, ENGINEERS, AND Texas (Ms. EDDIE BERNICE JOHNSON) graders showed that 66 percent of the MATHEMATICIANS ON MOTHER’S and the gentleman from Texas (Mr. girls and 68 percent of boys reported DAY, 2008 HALL) each will control 20 minutes. that they liked science. But something The Chair recognizes the gentle- else starts happening in the elemen- Ms. EDDIE BERNICE JOHNSON of woman from Texas. tary school. NSF found that by the Texas. Mr. Speaker, I move to suspend GENERAL LEAVE eighth grade, boys are twice as inter- the rules and agree to the resolution Ms. EDDIE BERNICE JOHNSON of ested in STEM careers as girls are. The (H. Res. 1180) recognizing the efforts Texas. Mr. Speaker, I ask unanimous female attrition continues through and contributions of outstanding consent that all Members may have 5 high school, college, and even the women scientists, technologists, engi- legislative days to revise and extend workforce. neers, and mathematicians in the their remarks and to include extra- Women with STEM higher education United States and around the world on neous materials on House Resolution degrees are twice as likely to leave a Mother’s Day, 2008, as amended. 1180, the resolution now under consid- scientific or engineering job as men The Clerk read the title of the resolu- eration. with comparable STEM degrees. De- tion. The SPEAKER pro tempore. Is there spite the fact that women earn half of The text of the resolution is as fol- objection to the request of the gentle- the bachelors degrees in science and lows: woman from Texas? engineering, they continue to be sig- H. RES. 1180 There was no objection. nificantly underrepresented at the fac- Whereas women have been vitally impor- Ms. EDDIE BERNICE JOHNSON of ulty level in almost all the S&E fields, tant to the fields of science, technology, en- Texas. Mr. Speaker, I yield myself such constituting 28 percent in 2003 of doc- gineering, and mathematics and have trans- time as I may consume. toral science and engineering faculty formed the world and enhanced and improved I rise in support of House Resolution in 4-year colleges and universities and the quality of life around the globe; 1180, recognizing the efforts and con- only 18 percent of full professors. Whereas the contributions of women are tributions of outstanding women sci- The Commission on the Advancement central to progress and to the development entists, technologists, engineers, and of Women and Minorities in Science, of knowledge in many areas, including chem- Engineering and Technology Develop- istry, physics, biology, geology, engineering, mathematicians in the United States mathematics, and astronomy, and these con- and around the world. ment was established by Congress on tributions boost economic growth, create In its 2007 Beyond Bias and Barriers October 14, 1988 through legislation de- new jobs, and improve our knowledge and report, the National Academy stated veloped and sponsored by Congress- standard of living; that in order to maintain its scientific woman Connie Morella, Republican Whereas there is a need to congratulate and engineering leadership and increas- from Maryland. The mandate of the these women, educate the public about the ing economic and educational Commission is to research and rec- important role of women in society, and rec- globalization the United States must ommend ways to improve the recruit- ognize the contributions of women to the sci- aggressively pursue the innovative ca- ment, the retention, and the represen- entific, technological, engineering, and pacity of all of its people, men and tation of women, underrepresented mi- mathematical communities; norities, and persons with disabilities Whereas it is important to emphasize the women. extensive variety of careers available in the While women have made substantial in science, engineering, and technology world of science, technology, engineering, progress in some fields, such as the life education and employment. and mathematics and to honor the tremen- sciences, they continue to be signifi- In addition to the Commission, the dous women that have contributed and will cantly underrepresented in other NSF Research on Gender in Science contribute to the advancement of knowledge STEM fields such as engineering and and Engineering program has worked in these disciplines; computer science. The attrition rate since 1993 to broaden the participation Whereas in order to ensure our Nation’s remains higher for women than for of girls and women in science, tech- global competitiveness, our schools must men at all steps along the STEM pipe- nology, engineering and mathematics continue to cultivate female scientists, tech- line. In fact, studies have shown that (STEM) education fields. nologists, engineers, and mathematicians One of the things research has dis- from every background and neighborhood in girls as young as middle school age are being turned away from many STEM covered is that the more positive im- our society to create the innovations of to- ages you present of women in these morrow that will keep our Nation strong; fields. Whereas a disproportionately low number There is no evidence that the gender fields in school, the more likely girls of female students are pursuing careers in gap is caused by a lack of female talent will want to enter into these fields science, technology, engineering, and mathe- or potential. In fact, the top three win- later on in life. matics, and it is crucial that we focus atten- ners in the highly prestigious 2007 Sie- So the resolution before us today tion on increasing the participation of mens Competition in Math, Science honors the contribution of women in women; and the fields of science, technology, engi- and Technology and the first prize in Whereas there is a need to encourage in- neering and mathematics, both in the the 2008 Intel Talent Search all went to dustry, government, and academia to reach United States and around the world. It and educate millions of children on the im- young high school women. We are failing our young girls and also allows us to thank women for the portant contributions women have made to contribution that they have made to women, and neither our colleges and science, technology, engineering, and mathe- these fields, women such as Madelaine matics: Now, therefore, be it universities nor our industries can af- Barnothey, the first woman in Hungary Resolved, That the House of Representa- ford such a loss of precious human cap- to receive a Ph.D. specializing in phys- tives— ital in science and engineering. We ics; or Rosalind Franklin, who received (1) recognizes the important contributions can’t make it with just 50 percent of of women to science, technology, engineer- her degree in chemistry in 1951 from the Nation’s brain power. ing, mathematics, and the health of many Cambridge University and was instru- I applaud the gentleman from Wash- industries that have created new jobs, boost- mental in putting together a detailed ington for introducing this resolution. ed economic growth, and improved the Na- description of DNA; or Sophia Ger- tion’s competitiveness and standard of liv- It is fitting to recognize the efforts and main, an outstanding mathematician ing; contributions of outstanding women who developed the modern theory of (2) recognizes the need to increase the scientists and engineers and mathe- elasticity, without which modern con- number of women participating in science, maticians in the United States and technology, engineering, and mathematics; struction would be absolutely impos- around the world, and I ask my col- sible. (3) supports the role of women in science, leagues to support House Resolution technology, engineering, and mathematics; Women have been pioneers in the and 1180. field of science, technology, engineer- (4) encourages the people of the United Mr. Speaker, I reserve the balance of ing and mathematics for centuries. my time. States to give appropriate recognition to b 1400 women scientists, technologists, engineers, Mr. HALL of Texas. Mr. Speaker, I and mathematicians who have made impor- yield myself such time as I may con- We owe it to girls growing up today tant contributions to our everyday lives. sume. to recognize these accomplishments,

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4919 accomplishments such as those of EDDIE BERNICE JOHNSON) that the ‘‘(2) BASE SHARE.—The term ‘base share’ Maria Telkes, who was a physicist and House suspend the rules and agree to means the number equal to the average of— pioneer in solar energy and designed the resolution, H. Res. 1180, as amend- ‘‘(A) the quotient obtained by dividing— and built a solar house in the 1930s; or ed. ‘‘(i) the number of acres of Federal land de- The question was taken; and (two- scribed in paragraph (7)(A) in each eligible those of Admiral Grace Murray Hopper, county; by who was buried at Arlington Cemetery thirds being in the affirmative) the ‘‘(ii) the total number acres of Federal land in January, 1992, and was one of the rules were suspended and the resolu- in all eligible counties in all eligible States; very first software engineers who tion, as amended, was agreed to. and helped both the military, private sec- The title was amended so as to read: ‘‘(B) the quotient obtained by dividing— tor, and academia develop the founda- ‘‘Resolution recognizing the efforts ‘‘(i) the amount equal to the average of the tions of modern digital computing. and contributions of outstanding 3 highest 25-percent payments and safety net We just can’t discuss important women scientists, technologists, engi- payments made to each eligible State for women in history without recognizing neers, and mathematicians in the each eligible county during the eligibility the outstanding contributions of Marie United States and around the world.’’ period; by A motion to reconsider was laid on ‘‘(ii) the amount equal to the sum of the Curie, a physicist and chemist, who is amounts calculated under clause (i) and the table. one of the only people to ever receive paragraph (9)(B)(i) for all eligible counties in two Nobel prizes in different fields and f all eligible States during the eligibility pe- the only woman to have won two Nobel PUBLIC LAND COMMUNITIES riod. prizes. Her Nobel prizes were awarded TRANSITION ACT OF 2008 ‘‘(3) COUNTY PAYMENT.—The term ‘county for her work on radioactivity and the payment’ means the payment for an eligible discovery of the elements of polonium Mr. DEFAZIO. Mr. Speaker, I move county calculated under subsection (c). and radium. to suspend the rules and pass the bill ‘‘(4) ELIGIBLE COUNTY.—The term ‘eligible I urge my colleagues to join me in (H.R. 3058) to amend chapter 69 of title county’ means any county that— 31, United States Code, to provide full ‘‘(A) contains Federal land (as defined in support of the resolution before us paragraph (7)); and today. payments under such chapter to units of general local government in which ‘‘(B) elects to receive a share of the State Mr. Speaker, I yield back the balance payment or the county payment under sub- of my time. entitlement land is located, to provide section (f). Ms. EDDIE BERNICE JOHNSON of transitional payments during fiscal ‘‘(5) ELIGIBILITY PERIOD.—The term ‘eligi- Texas. Let me thank Mr. HALL for sup- years 2008 through 2012 to those States bility period’ means fiscal year 1986 through porting this legislation and thank the and counties previously entitled to fiscal year 1999. gentleman who sponsored it. And I’m payments under the Secure Rural ‘‘(6) ELIGIBLE STATE.—The term ‘eligible Schools and Community Self-Deter- State’ means a State or territory of the very pleased, Mr. Speaker, that he United States that received a 25-percent pay- mentioned Ms. Connie Morella, whom I mination Act of 2000, and for other pur- poses, as amended. ment for 1 or more fiscal years of the eligi- worked with from the time I arrived bility period. The Clerk read the title of the bill. until she left on this very subject. And ‘‘(7) FEDERAL LAND.—The term ‘Federal I hope that we are gaining more and The text of the bill is as follows: land’ means— more support to encourage our young H.R. 3058 ‘‘(A) land within the National Forest Sys- women to stay involved in these STEM Be it enacted by the Senate and House of Rep- tem, as defined in section 11(a) of the Forest programs and recognize our achievers resentatives of the United States of America in and Rangeland Renewable Resources Plan- ning Act of 1974 (16 U.S.C. 1609(a)) exclusive so that they can know that they are Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CON- of the National Grasslands and land utiliza- great examples. TENTS. tion projects designated as National Grass- I urge my colleagues to support this (a) SHORT TITLE.—This Act may be cited as lands administered pursuant to the Act of resolution. the ‘‘Public Land Communities Transition July 22, 1937 (7 U.S.C. 1010–1012); and Mr. REICHERT. Mr. Speaker, I am the Act of 2008’’. ‘‘(B) such portions of the revested Oregon proud sponsor of House Resolution 1180, (b) TABLE OF CONTENTS.—The table of con- and California Railroad and reconveyed Coos which recognizes the important contributions tents for this Act is as follows: Bay Wagon Road grant land as are or may of women to science, technology, engineering, Sec. 1. Short title and table of contents. hereafter come under the jurisdiction of the mathematics, and the health of many indus- Sec. 2. Transitional payments States and Department of the Interior, which have here- tofore or may hereafter be classified as tries that have created new jobs, boosted eco- counties previously entitled to payments under Secure Rural timberlands, and power-site land valuable nomic growth, and improved our Nation’s com- Schools and Community Self- for timber, that shall be managed, except as petitiveness. Determination Act of 2000. provided in the former section 3 of the Act of Congress must continue to educate the pub- Sec. 3. Special requirements regarding tran- August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), lic about the important role of women in soci- sition payments to certain for permanent forest production. ety and recognize the key accomplishments of States. ‘‘(8) 50-PERCENT ADJUSTED SHARE.—The women in scientific fields. Furthermore, we Sec. 4. Conservation of resources fees. term ‘50-percent adjusted share’ means the must encourage more young women to pursue Sec. 5. Sense of Congress on distribution of number equal to the quotient obtained by di- secure rural schools transition viding— careers in science and technology fields by payments to eligible counties. ‘‘(A) the number equal to the quotient ob- adequately funding STEM education in our SEC. 2. TRANSITIONAL PAYMENTS STATES AND tained by dividing— schools. COUNTIES PREVIOUSLY ENTITLED ‘‘(i) the 50-percent base share for the eligi- Much is being done in the Pacific Northwest TO PAYMENTS UNDER SECURE ble county; by to achieve these goals. Seattle’s Pacific RURAL SCHOOLS AND COMMUNITY ‘‘(ii) the income adjustment for the eligible SELF-DETERMINATION ACT OF 2000. Science Center remains an educational force county; by (a) TRANSITIONAL PAYMENTS.—Chapter 69 of in our region and continues to inspire stu- ‘‘(B) the number equal to the sum of the title 31, United States Code, is amended by quotients obtained under subparagraph (A) dents’ interest in science. Similarly, the Mu- adding at the end the following new section: seum of Flight recognizes the success of fe- and paragraph (1)(A) for all eligible counties. ‘‘§ 6908. Secure rural schools transition pay- ‘‘(9) 50-PERCENT BASE SHARE.—The term ‘50- male aviation pioneers and helps young ments percent base share’ means the number equal women discover career possibilities in the ‘‘(a) DEFINITIONS.—In this section: to the average of— world of aerospace. ‘‘(1) ADJUSTED SHARE.—The term ‘adjusted ‘‘(A) the quotient obtained by dividing— I am pleased that the Science and Tech- share’ means the number equal to the ‘‘(i) the number of acres of Federal land de- nology Committee quickly brought this meas- quotient obtained by dividing— scribed in paragraph (7)(B) in each eligible ure to the floor in a bipartisan manner, and I ‘‘(A) the number equal to the quotient ob- county; by urge all of my colleagues to support it. tained by dividing— ‘‘(ii) the total number acres of Federal land Ms. EDDIE BERNICE JOHNSON of ‘‘(i) the base share for the eligible county; in all eligible counties in all eligible States; Texas. Mr. Speaker, I yield back the by and ‘‘(ii) the income adjustment for the eligible ‘‘(B) the quotient obtained by dividing— balance of my time. county; by ‘‘(i) the amount equal to the average of the The SPEAKER pro tempore. The ‘‘(B) the number equal to the sum of the 3 highest 50-percent payments made to each question is on the motion offered by quotients obtained under subparagraph (A) eligible county during the eligibility period; the gentlewoman from Texas (Ms. and paragraph (8)(A) for all eligible counties. by

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4920 CONGRESSIONAL RECORD — HOUSE June 4, 2008 ‘‘(ii) the amount equal to the sum of the ‘‘(1) if the county is eligible for the 25-per- received for expenditure in accordance with amounts calculated under clause (i) and cent payment, the share of the 25-percent titles II and III of the Secure Rural Schools paragraph (2)(B)(i) for all eligible counties in payment; or and Community Self-Determination Act of all eligible States during the eligibility pe- ‘‘(2) the share of the State payment of the 2000 (16 U.S.C. 500 note; Public Law 106–393). riod. eligible county. ‘‘(i) TIME FOR PAYMENT.—The payments re- ‘‘(10) 50-PERCENT PAYMENT.—The term ‘50- ‘‘(e) PAYMENT AMOUNTS FOR ELIGIBLE COUN- quired under this section for a fiscal year percent payment’ means the payment that is TIES.—The Secretary of the Treasury shall shall be made as soon as practicable after the sum of the 50-percent share otherwise pay to each eligible county an amount equal the end of that fiscal year.’’. paid to a county pursuant to title II of the to the amount elected under subsection (f) (b) CLERICAL AMENDMENT.—The table of Act of August 28, 1937 (chapter 876; 50 Stat. by the county for— sections at the beginning of chapter 69 of 875; 43 U.S.C. 1181f), and the payment made ‘‘(1) if the county is eligible for the 50-per- title 31, United States Code, is amended by to a county pursuant to the Act of May 24, cent payment, the 50-percent payment; or adding at the end the following new item: 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f– ‘‘(2) the county payment for the eligible ‘‘6908. Secure rural schools transition pay- 1 et seq.). county. ments.’’. ‘‘(f) ELECTION TO RECEIVE PAYMENT ‘‘(11) FULL FUNDING AMOUNT.—The term (c) EXTENSION OF TITLES II AND III OF SE- ‘full funding amount’ means— AMOUNT.— ‘‘(1) ELECTION; SUBMISSION OF RESULTS.— CURE RURAL SCHOOLS AND COMMUNITY SELF- ‘‘(A) $520,000,000 for fiscal year 2008; and ‘‘(A) IN GENERAL.—The election to receive DETERMINATION ACT OF 2000.— ‘‘(B) for fiscal years 2009, 2010, and 2011, the a share of the State payment, the county (1) EXTENSION.—The Secure Rural Schools amount that is equal to 90 percent of the full payment, a share of the State payment and and Community Self-Determination Act of funding amount for the preceding fiscal year. the county payment, a share of the 25-per- 2000 (16 U.S.C. 500 note; Public Law 106–393) is ‘‘(12) INCOME ADJUSTMENT.—The term ‘in- cent payment, the 50-percent payment, or a amended— come adjustment’ means the square of the share of the 25-percent payment and the 50- (A) in sections 203(a), 204(e)(3)(B)(vi), 207(a), quotient obtained by dividing— percent payment, as applicable, shall be 208, and 303 by striking ‘‘2007’’ and inserting ‘‘(A) the per capita personal income for made at the discretion of each affected coun- ‘‘2011’’; each eligible county; by ty by August 1, 2008, and thereafter in ac- (B) in sections 208 and 303, by striking ‘‘(B) the median per capita personal in- cordance with paragraph (2)(A), and trans- ‘‘2008’’ and inserting ‘‘2012’’. come of all eligible counties. mitted to the Secretary concerned by the (2) DEFINITION OF PARTICIPATING COUNTY.— ‘‘(13) PER CAPITA PERSONAL INCOME.—The Governor of each eligible State. The Secure Rural Schools and Community term ‘per capita personal income’ means the ‘‘(B) FAILURE TO TRANSMIT.—If an election Self-Determination Act of 2000 is amended— most recent per capita personal income data, for an affected county is not transmitted to (A) in section 201(1), by inserting before the as determined by the Bureau of Economic the Secretary concerned by the date speci- period the following: ‘‘or that is required to Analysis. fied under subparagraph (A), the affected reserve funds under section 6908(h)(3) of title ‘‘(14) SAFETY NET PAYMENTS.—The term county shall be considered to have elected to 31, United States Code, or section 3(e) of the ‘safety net payments’ means the special pay- receive a share of the State payment, the Public Land Communities Transition Act of ment amounts paid to States and counties county payment, or a share of the State pay- 2008’’; and required by section 13982 or 13983 of the Om- ment and the county payment, as applicable. (B) in section 301(1), by inserting before the nibus Budget Reconciliation Act of 1993 ‘‘(2) DURATION OF ELECTION.— period the following: ‘‘or that is required to (Public Law 103–66; 16 U.S.C. 500 note; 43 ‘‘(A) IN GENERAL.—A county election to re- reserve funds under section 6908(h)(3) of title U.S.C. 1181f note). ceive a share of the 25-percent payment or 31, United States Code, or section 3(e) of the ‘‘(15) SECRETARY CONCERNED.—The term 50-percent payment, as applicable, shall be Public Land Communities Transition Act of ‘Secretary concerned’ means— effective for 2 fiscal years. 2008’’. ‘‘(A) the Secretary of Agriculture or the ‘‘(B) FULL FUNDING AMOUNT.—If a county (3) DEFINITION OF PROJECT FUNDS.—The Se- designee of the Secretary of Agriculture with elects to receive a share of the State pay- cure Rural Schools and Community Self-De- respect to the Federal land described in para- ment or the county payment, the election termination Act of 2000 is amended— graph (7)(A); and shall be effective for all subsequent fiscal (A) in section 201(2), by inserting before the ‘‘(B) the Secretary of the Interior or the years through fiscal year 2011. period the following: ‘‘or reserves under sec- designee of the Secretary of the Interior ‘‘(g) SOURCE OF PAYMENT AMOUNTS.—The tion 6908(h)(3) of title 31, United States Code, with respect to the Federal land described in payment to an eligible State or eligible or section 3(e) of the Public Land Commu- paragraph (7)(B). county under this section for a fiscal year nities Transition Act of 2008 for expenditure ‘‘(16) STATE PAYMENT.—The term ‘State shall be derived from— in accordance with this title’’; and payment’ means the payment for an eligible ‘‘(1) any revenues, fees, penalties, or mis- (B) in section 301(2), by inserting before the State calculated under subsection (b) cellaneous receipts, exclusive of deposits to period the following: ‘‘or reserves under sec- ‘‘(17) 25-PERCENT PAYMENT.—The term ‘25- any relevant trust fund, special account, or tion 6908(h)(3) of title 31, United States Code, percent payment’ means the payment to permanent operating funds, received by the or section 3(e) of the Public Land Commu- States required by the sixth paragraph under Federal Government from activities by the nities Transition Act of 2008 for expenditure the heading of ‘forest service’ in the Act of Bureau of Land Management or the Forest in accordance with this title’’. May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and Service on the applicable Federal land; SEC. 3. SPECIAL REQUIREMENTS REGARDING section 13 of the Act of March 1, 1911 (36 Stat. ‘‘(2) for fiscal year 2008, any funds appro- TRANSITION PAYMENTS TO CERTAIN 963; 16 U.S.C. 500). priated to carry out this section; and STATES. ‘‘(b) CALCULATION OF STATE PAYMENT ‘‘(3) to the extent of any shortfall, out of (a) DEFINITIONS.—In this section: AMOUNT.—For each of fiscal years 2008 any amounts in the Treasury of the United (1) ADJUSTED AMOUNT.—The term ‘‘adjusted through 2011, the Secretary of Agriculture States not otherwise appropriated. amount’’ means, with respect to a covered shall calculate for each eligible State an ‘‘(h) DISTRIBUTION AND EXPENDITURE OF State— amount equal to the sum of the products ob- PAYMENTS.— (A) for fiscal year 2008— tained by multiplying— ‘‘(1) DISTRIBUTION METHOD.—A State that (i) the sum of the amounts paid for fiscal ‘‘(1) the adjusted share for each eligible receives a payment under this section shall year 2006 under section 102(a)(2) of the Secure county within the eligible State; by distribute the appropriate payment amount Rural Schools and Community Self-Deter- ‘‘(2) the full funding amount for the fiscal among the appropriate counties in the State mination Act of 2000 (16 U.S.C. 500 note; Pub- year. in accordance with— lic Law 106–393), as in effect on September 29, ‘‘(A) the Act of May 23, 1908 (16 U.S.C. 500); 2006, for the eligible counties in the covered ‘‘(c) CALCULATION OF COUNTY PAYMENT and State that have elected under section 6908 of AMOUNT.—For each of fiscal years 2008 ‘‘(B) section 13 of the Act of March 1, 1911 title 31, United States Code, as added by sec- through 2011, the Secretary of the Interior (36 Stat. 963; 16 U.S.C. 500). tion 2 of this Act, to receive a share of the shall calculate for each eligible county that ‘‘(2) EXPENDITURE PURPOSES.—Subject to State payment for fiscal year 2008; and received a 50-percent payment during the eli- paragraph (3), payments received by a State (ii) the sum of the amounts paid for fiscal gibility period an amount equal to the prod- under this section and distributed to coun- year 2006 under section 103(a)(2) Secure Rural uct obtained by multiplying— ties in accordance with paragraph (1), and Schools and Community Self-Determination ‘‘(1) the 50-percent adjusted share for the payments received directly by an eligible Act of 2000 (16 U.S.C. 500 note; Public Law eligible county; by county under this section, shall be expended 106–393), as in effect on September 29, 2006, ‘‘(2) the full funding amount for the fiscal in the same manner in which 25-percent pay- for the eligible counties in the State of Or- year. ments or 50-percent payments, as applicable, egon that have elected under section 6908 of ‘‘(d) PAYMENT AMOUNTS FOR ELIGIBLE are required to be expended. title 31, United States Code, as added by sec- STATES.—The Secretary of the Treasury ‘‘(3) RESERVATION OF PORTION OF PAY- tion 2 of this Act, to receive the county pay- shall pay to each eligible State an amount MENTS.—Each eligible county receiving a ment for fiscal year 2008; equal to the sum of the amounts elected payment under this section or a portion of a (B) for fiscal year 2009, 90 percent of— under subsection (f) by each county within State’s payment under this section shall re- (i) the sum of the amounts paid for fiscal the eligible State for— serve not less than 15 percent of the amount year 2006 under such section 102(a)(2) for the

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4921 eligible counties in the covered State that less than 15 percent of the amount received The SPEAKER pro tempore. Pursu- have elected under such section 6908 to re- for expenditure in accordance with titles II ant to the rule, the gentleman from Or- and III of the Secure Rural Schools and Com- ceive a share of the State payment for fiscal egon (Mr. DEFAZIO) and the gentleman year 2009; and munity Self-Determination Act of 2000 (16 from Utah (Mr. BISHOP) each will con- (ii) the sum of the amounts paid for fiscal U.S.C. 500 note; Public Law 106–393), as re- year 2006 under such section 103(a)(2) for the quired by subsection (h)(3) of such section trol 20 minutes. eligible counties in the State of Oregon that 6908. The Chair recognizes the gentleman have elected under such section 6908 to re- SEC. 4. CONSERVATION OF RESOURCES FEES. from Oregon. ceive the county payment for fiscal year (a) ESTABLISHMENT OF FEES.— Mr. DEFAZIO. Mr. Speaker, I yield 2009; (1) IN GENERAL.—Not later than 60 days myself such time as I may consume. (C) for fiscal year 2010, 81 percent of— after the date of enactment of this Act, the This is incredibly important legisla- (i) the sum of the amounts paid for fiscal Secretary of the Interior by regulation shall tion, and I hope it doesn’t devolve into year 2006 under section such 102(a)(2) for the establish— the partisan debate that’s been going eligible counties in the covered State that (A) a conservation of resources fee for pro- ducing Federal oil and gas leases in the Gulf on earlier today to point the fingers of have elected under such section 6908 to re- blame on the current high cost of gaso- ceive a share of the State payment for fiscal of Mexico; and year 2010; and (B) a conservation of resources fee for non- line at the pump. (ii) the sum of the amounts paid for fiscal producing Federal oil and gas leases in the This is about another crisis the year 2006 under such section 103(a)(2) for the Gulf of Mexico. American people are experiencing, not eligible counties in the State of Oregon that (2) PRODUCING LEASE FEE TERMS.—The fee as widespread as the cost of fuel, but have elected under such section 6908 to re- under paragraph (1)(A)— the impact will be even heavier on ceive the county payment for fiscal year (A) subject to subparagraph (C), shall apply more than 600 counties in 42 States and 2010; and to covered leases that are producing leases; (B) shall be set at $9 per barrel for oil and hundreds of school districts across (D) for fiscal year 2011, 73 percent of— America. This is the issue of whether (i) the sum of the amounts paid for fiscal $1.25 per million Btu for gas, respectively, in year 2006 under such section 102(a)(2) for the 2005 dollars; and or not we should continue to com- eligible counties in the covered State that (C) shall apply only to production of oil or pensate these counties for the fact that have elected under such section 6908 to re- gas occurring— they have very high ownership of Fed- ceive a share of the State payment for fiscal (i) in any calendar year in which the arith- eral lands and Federal forests. Federal year 2011; and metic average of the daily closing prices for forest policy has changed, and their light sweet crude oil on the New York Mer- (ii) the sum of the amounts paid for fiscal revenues have diminished dramati- year 2006 under such section 103(a)(2) for the cantile Exchange (NYMEX) exceeds $34.73 per barrel for oil and $4.34 per million Btu for cally, and many of them have no alter- eligible counties in the State of Oregon that native, under their State constitution have elected under such section 6908 to re- gas in 2005 dollars; and ceive the county payment for fiscal year (ii) on or after October 1, 2006. or other laws, to go out and replace (3) NONPRODUCING LEASE FEE TERMS.—The 2011. those funds, particularly in the short fee under paragraph (1)(B)— (2) COVERED STATE.—The term ‘‘covered term. (A) subject to subparagraph (C), shall apply State’’ means each of the States of Cali- It’s expensive. It would cost $1.9 bil- to leases that are nonproducing leases; fornia, Louisiana, Oregon, Pennsylvania, lion over 4 years. But being sensitive to (B) shall be set at $3.75 per acre per year in South Carolina, South Dakota, Texas, and 2005 dollars; and the fact that many of us on this side of Washington. (C) shall apply on and after October 1, 2006. the aisle feel that the policies of recent (3) ELIGIBLE COUNTY.—The term ‘‘eligible (4) TREATMENT OF RECEIPTS.—Amounts re- years have put the country on the county’’ has the meaning given that term in ceived by the United States as fees under verge of bankruptcy, we pay for it. In section 6908 of title 31, United States Code, this subsection shall be treated as offsetting fact, with the value of what we have in as added by section 2 of this Act. receipts. (b) TRANSITION PAYMENTS.—For each of fis- here as a so-called offset in Washington (b) COVERED LEASE DEFINED.—In this sec- cal years 2008 through 2011, in lieu of the tion the term ‘‘covered lease’’ means a lease speak, the way we pay for it, with fees payment amounts that otherwise would have for oil or gas production in the Gulf of Mex- on offshore oil leases that were inad- been made under section 6908 of title 31, ico that is— vertently omitted by the Clinton ad- United States Code, as added by section 2 of (1) in existence on the date of enactment of ministration, would raise $3.3 billion. this Act, the Secretary of the Treasury shall this Act; That means we pay for rural schools pay the adjusted amount to each covered (2) issued by the Department of the Inte- State and the eligible counties within the and counties. That’s 7,000 teachers. rior under section 304 of the Outer Conti- That’s hundreds of deputy sheriffs, covered State, as applicable. nental Shelf Deep Water Royalty Relief Act (c) DISTRIBUTION OF ADJUSTED AMOUNT.—It (43 U.S.C. 1337 note; Public Law 104–58); and hundreds of corrections officers, many is the intent of Congress that the method of (3) not subject to limitations on royalty re- roadworkers, other critical public safe- distributing the payments under subsection lief based on market price that are equal to ty folks, public health, all across 42 (b) among the counties in a covered State or less than the price thresholds described in States in America and 600 counties. We (other than California) for each of fiscal years 2008 through 2011 be in the same pro- clauses (v) through (vii) of section 8(a)(3)(C) pay for that with this bill. In fact, we portion that the payments were distributed of the Outer Continental Shelf Lands Act (43 would help reduce the deficit, which is to the eligible counties in that State in fis- U.S.C. 1337(a)(3)(C)). something we’re handing off to our (c) ROYALTY SUSPENSION PROVISIONS.—The cal year 2006. Secretary of the Interior shall agree to a re- kids and we do need to deal with, by (d) DISTRIBUTION OF PAYMENTS IN CALI- quest by any lessee to amend any lease $1.4 billion. FORNIA.—The following payments shall be issued for Central and Western Gulf of Mex- Now, some will object to the offset, distributed among the eligible counties in ico tracts during the period of January 1, that the oil companies shouldn’t be re- the State of California in the same propor- 1998, through December 31, 1999, to incor- tion that payments under section 102(a)(2) of quired to pay a fee even though they porate price thresholds applicable to royalty the Secure Rural Schools and Community got this royalty relief without a cap in- suspension provisions, or amend existing Self-Determination Act of 2000 (16 U.S.C. 500 advertently, by mistake, by a previous price thresholds, in the amount of $34.73 per note; Public Law 106–393), as in effect on Sep- barrel (2005 dollars) for oil and for natural administration. I really hope that they tember 29, 2006, were distributed to the eligi- gas of $4.34 per million Btu (2005 dollars). don’t take the debate down that path. ble counties for fiscal year 2006: That does not do the counties, the (1) Payments to the State of California SEC. 5. SENSE OF CONGRESS ON DISTRIBUTION OF SECURE RURAL SCHOOLS TRAN- schools, the teachers, the police, the under subsection (b). SITION PAYMENTS TO ELIGIBLE (2) The shares of the eligible counties of deputies, and the others justice. COUNTIES. Let’s focus on the issue at hand. the State payment for California under sec- It is the sense of Congress that amounts tion 6908 of title 31, United States Code, as made available by a State to an eligible They have an alternative to fund this. added by section 2 of this Act, for fiscal year county under section 6908 of title 31, United I have been trying desperately for more 2011. States Code, as added by section 2 of this than a year. It’s been quite some time (e) TREATMENT OF PAYMENTS.—Any pay- Act, or under section 3 of this Act to support since this bill came out of committee, ment made under subsection (b) shall be con- public schools in that county should be in and Mr. WALDEN and I joined in a bi- sidered to be a payment made under section addition to, and not in lieu of, general funds partisan way earlier this year in a let- 6908 of title 31, United States Code, as added of the State made available to support public by section 2 of this Act, except that each eli- schools in that county, and that the State ter on January 18 to the majority ask- gible county receiving a payment under such should not adjust education funding alloca- ing that this bill be brought up. And subsection or a portion of such payment tions to reflect the receipt of amounts under then Mr. WALDEN on May 1 came to the under subsection (c) or (d) shall reserve not such section 6908 or section 3. floor with Mr. BLUNT and asked that

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4922 CONGRESSIONAL RECORD — HOUSE June 4, 2008 the bill be brought up. In fact, he sent constitutional concerns and we should ported by the consortium of counties. out a press release saying it’s been 44 not listen to those. I have some sym- It was supported by energy producers legislative days and over 3 months, pathy for that approach, but the fact of that would have fully funded PILT, that it’s a strongly bipartisan bill. I the matter is his speech last night was fully funded the secure rural schools, hope it stays bipartisan. To extend to the wrong audience. It should be to expanded energy options. It would have county payments has been ready for a the lower courts, who have already given States control over sand and vote on the House floor. I simply do ruled that this pot of money is not ac- gravel for beach replenishment, over not understand why the Democratic cessible to us. the viewshed, States control over their leadership has not scheduled a vote. In 2006 we passed the Deep Ocean En- offshore renewable energies, would Well, the Democratic leadership has ergy Resources Act. Using these fees have funded energy and minerals high- now scheduled a vote. And I hope that for that was justifiable. Using it in this er education program, and be done with we can get back to the bipartisanness. bill is not justifiable. Those fees for the real money, not the funny money in I hope we can get back to the focus of Deep Ocean Energy Resources Act was this particular bill. It is language that this debate. Let’s pass this bill and to fund programs and projects related is similar to a bipartisan bill passed in move it over to the Senate. If you don’t to conservation of OCS-related re- the 109th Congress which was supported like the way it’s paid for, if you want sources. It was to increase America’s by Mr. DEFAZIO and 39 other Demo- to protect the royalty relief for the oil energy supply and encourage domestic crats in a bipartisan way. and gas industry, then vote ‘‘present,’’ energy development on the Outer Con- The question that we have to ask send the bill to the Senate, and see if tinental Shelf. Because we are no ourselves today is why are we con- they can come up with, as they claim, longer using that and have now taken fronted on suspension with a bill that has a phony PAYGO offset, money that a better way to pay for it. them to a different level, it will be a we know is not there? Why are we pre- Mr. Speaker, I reserve the balance of breach of the oil and gas leases and de- sented with a suspension bill that has my time. signed to punish energy companies and already been rejected by the Senate, Mr. BISHOP of Utah. Mr. Speaker, I discourage much-needed domestic oil that has already been rejected by the yield myself such time as I may con- and gas production. This bill sends now administration? Why instead did we sume. a message to every energy company in This is, to be honest, a very sad day not agree to go with the compromise America that Congress will not respect approach, which would have had real on this bill today on the floor. As an lease contracts and will result in less educator, I simply understand the need offsets and provided real solutions to oil, less gas production, which I cer- fully fund our schools, to fully fund for secure rural schools funding. As a tainly hope is not the objective of the PILT, and not to have to take it out of westerner and someone who served for Democratic Party. the hide of anyone who stops at a gas a long time in the State legislature, I We need to have a different way of pump this weekend? Now, that’s what understand what payment in lieu of paying for this bill that does not in- we should have done, and we didn’t do taxes, or PILT, means to western coun- clude an energy price-increasing bank- it. And that’s why this is a very, very ties. rupt offset. We need a genuine offset sad day on a bill that was not discussed Unfortunately, though, this bill that that will pay for both PILT and secure in committee. is before us today did not get here rural schools without making Amer- Mr. Speaker, I reserve the balance of through regular order. This is not the ica’s energy more expensive, less avail- my time. same bill we discussed in committee able. And to be honest, if the court up- nor is it the same bill that I and some holds their ruling that they already b 1415 others cosponsored. It appears almost had, if the other courts do, there won’t Mr. DEFAZIO. It’s not phony, it’s as if political games are now being be any money for secure rural schools just painful. Schools, teachers, cops, played in an effort to pass this par- in this project anyway. Big Oil. It’s a tough choice for some ticular bill, which breaks new ground. Now, I know there will be people who people. Not for me. I’d be happy to The precedent has always been, in deal- will tell us this is merely a bogus stick with this, all the way through ing with secure rural schools and PILT, placeholder. We don’t really mean to sending it to the President. But some that we have dealt in a bipartisan man- use this money as the bill progresses on that side of the aisle, particularly in ner in an effort to find legal and politi- through, which simply shows that per- the Senate, don’t want to do that. If cally feasible solutions to pay for se- haps PAYGO is nothing more than an the money has not been spent because cure rural schools and payment in lieu accounting game or scam as we’re the Republicans in the Senate have re- of taxes. We have always addressed looking at it, and that all we need to jected it to pay for other valuable these two issues in a bipartisan man- do is give a blank check over to the things, this is a valuable thing to pay ner, always, until now. H.R. 3058, this Senate, pass it along, and they will fill for. With that, I yield 2 minutes to the version of it, has broken that covenant. in some reasonable way of funding this gentleman from California (Mr. THOMP- When a version of this numbered bill particular bill. We will abdicate our re- was passed in the Resources Com- SON). sponsibility of coming up with legal, Mr. THOMPSON of California. I mittee, two promises were made to the legitimate, responsible legislation be- thank the gentleman for yielding and Republicans who cosponsored it, Mr. cause somewhere down the line, some- also thank you for your great work on WALDEN and me and others. The first one else will do it. this bill, Mr. DEFAZIO, and thank you promise was that PILT would not be If the Senate, indeed, has a secret especially for paying for the bill. decoupled from secure rural schools. I magical formula for funding this bill, Mr. Speaker and Members, county cannot stress enough the importance of why wasn’t it in the farm bill? Why governments don’t receive property tax PILT funding being coupled with se- wasn’t it in the extension of the Rural for lands owned and controlled by the cure rural schools, as was promised. Schools Act? Why did the Senate not Federal Government. However, they Even the majority leader in the Senate put it in a bill and send it over here? Or are obligated to provide services in has said this is the key to the success why did the sponsor not negotiate with those areas. The Secure Rural Schools of this piece of legislation. And yet this the Senate to insert it in this bill so we and Community Self-Determination promise was broken. could discuss it in the House? Act was created to compensate local Second, the offset using the 1998/1999 The promise was before this bill to governments for the tax exempt status lease moneys was supposed to be taken the floor there would be a legitimate of the public lands within their county. out by the time this came to the floor. source for an offset. It is not there. In- If we fail to reauthorize this important This set of money, which has already stead, we seem to be playing a game of program, teachers will be laid off, kids been spent three times on three dif- political gotcha, which is so sad be- will be short-changed on their edu- ferent bills, not the same pot of money, cause there was a compromise that cation, and county roads will go the exact same dollars which have been could have funded this bill and done it unmaintained. spent, is not going to be a solution to in a legally effective way. It was pre- In my district, over 1.2 million acres this. The gentleman from Oregon sug- sented by the National Education Asso- are controlled by the Federal Govern- gested last night that there might be ciation on behalf of schools. It was sup- ment. The National Forest Service

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4923 land in my district is twice the size of in the American West with dramatic bill on its way to the floor. We were the State of Rhode Island, and every decreases in the tax base. told there would be an acceptable off- acre, every acre is exempt from prop- In 2000, we passed the Secure Rural set, not one that has been rejected on erty tax. In one of my counties, 40 per- Schools and Community Self-Deter- three previous occasions by the U.S. cent of the roads are within the Na- mination Act in order to provide a sta- Senate. But there is none. tional Forest. So that county is re- ble base of funding to the affected We are also considering this bill sponsible for maintaining the roads counties. But that act has not been re- under suspension of the bills, denying that run through the very property authorized and the Federal payments the minority a right to offer an alter- that is exempt from the taxes that pay are scheduled to end June 30. This is a native and preventing any Member for our roads. very, very serious issue in Oregon and from offering alternative offsets. A It’s unconscionable for the Federal across the American West, where coun- compromise has been offered and re- Government to walk away from this ties have already, in preparation for jected. obligation to rural local governments. this date, in preparation for future For this reason, I would urge defeat Rural counties have no other options. budgets, begun to issue pink slips. of the bill. We have made a commitment on this They have issued pink slips to police, GENERAL LEAVE issue. Now let’s live up to our word. firefighters, teachers, and other essen- Mr. DEFAZIO. Mr. Speaker, I ask Mr. BISHOP of Utah. As we now talk tial personnel. It is not an exaggera- unanimous consent that all Members about a bill that a commitment was tion to say that Oregonians may have may have 5 legislative days to revise made but does not exist anymore, I their lives endangered because of these and extend their remarks and include yield 11⁄2 minutes to the gentleman cuts, if they take place. extraneous material on this bill under from California (Mr. HERGER). The bill that my good friend and col- consideration. Mr. HERGER. Mr. Speaker, counties league from Oregon (Mr. DEFAZIO) has The SPEAKER pro tempore. Is there and schools in my district need a life- submitted would provide an extension objection to the request of the gen- line. They don’t need partisanship. of payments through fiscal 2011 to tleman from Oregon? They don’t need a talking point. They counties that previously received these There was no objection. need leadership, which will result in an payments. And to maintain fiscal re- Mr. DEFAZIO. With that, I would actual law being passed to help them. sponsibility, the bill is fully paid for yield 11⁄2 minutes to the gentleman Secure rural schools has rested on with offsets, and it reduces payments from Washington State (Mr. BAIRD). hard work by grassroots supporters and to counties by 15 percent each year, Mr. BAIRD. I rise in strong support bipartisan efforts in Congress. So why asking all to make sacrifices. of H.R. 3058, the Public Land Commu- are we moving a bill that divides our Mr. DEFAZIO. Can I inquire as to the nities Transition Act, and I commend coalition by removing PILT and tying time remaining, please. my dear friend, PETER DEFAZIO. I have secure rural schools to a controversial The SPEAKER pro tempore (Mr. rarely seen a Member of Congress work offset that we know will fail in the ROSS). The gentleman from Oregon has so diligently on behalf of his constitu- Senate? 12 minutes remaining. The gentleman ents. He also works on behalf of my This bill does nothing to help our from Utah has 121⁄2 minutes remaining. constituents because in southwest counties and schools because it has no Mr. BISHOP of Utah. I yield 2 min- Washington, we are one of the 10 most chance of becoming law. Yesterday, utes to the gentleman from California forested districts in the entire country. there was an effort to rescue this legis- (Mr. DOOLITTLE). So much of the land in my district is lation with a compromise that would Mr. DOOLITTLE. Mr. Speaker, this under control of the Forest Service. extend a lifeline to rural counties and program needs to be reauthorized. I Counties like Lewis, Skamania, and every American through new domestic represent northeastern California, Cowlitz rely on Secure Rural Schools oil production and lower gas prices. which is one of the top recipients of money to keep public safety working. That proposal was rejected because we money under this Secure Rural Schools My friends, we have to work to pass were told the majority will not allow and Community Self-Determination this bill. It is urgent, as many speakers consideration of any bill that increases Act, which expired a couple of years have said. It is a bit ironic, however, to domestic oil supplies. ago. Just to give you an example, criticize the bill and say the criticism America and our counties and Plumas County School District in my is because this bill will not become schools deserve better. I urge a ‘‘no’’ district receives roughly 20 percent of law, and then vote against it. Things vote. their annual operating budget from don’t become law around here when Mr. DEFAZIO. I yield 2 minutes to these funds. Without this money, the people vote against them. Things be- the gentleman from Oregon (Mr. WU). county is prepared to lay off 9 out of come law when people vote for them. Mr. WU. I rise in strong support of the 16 administrators; 47 teachers out Because of that, I would encourage H.R. 3058, and I want to thank my good of a total of 150; close all school librar- my colleagues to vote for this bill. friend and colleague, Mr. DEFAZIO, for ies; possibly close some or all cafe- Without this bill, 600 counties across his hard work and tireless work on this terias; and cut transportation services. the country that are home to millions issue. Another county adjoining Plumas that of Americans would be left behind. Almost exactly 100 years ago, Con- I represent is Sierra. They would need Without this program, millions of rural gress passed a law creating a partner- to lay off nearly 40 percent of their communities would face steep job ship with rural counties with a high teachers and administrators. losses, breakdowns in services and in- percentage of Federal land, and Con- Today’s bill will not become law and frastructure, and deep cuts to school gress realized that because the Federal therefore does nothing to support our budgets. Without this funding, almost lands were off-limits to the counties rural counties. We cannot continue to 7,000 teachers and other educational for development and they would never go from year to year without this being staff will be laid off across the country. contribute to the tax base, that these resolved. In California, if you don’t They are facing termination as we counties should be compensated for have the funding assured, layoff no- speak. permanent loss of any tax revenues. tices are sent off by March 15 of the Delay should not be an option. Pas- The law allowed a percentage of the year. For the second year in a row, sage should be our remedy. I urge pas- revenue produced from Federal land re- those layoff notices have already gone sage of this fine bill. sources to be returned to the county. out. We lose valuable teachers that do Mr. BISHOP of Utah. I am pleased to Counties were then able to use these not come back once the funding has yield 2 minutes to the ranking member funds for public safety, public schools, been restored. of the Agriculture Committee, the gen- and public roads. This debate should be about schools tleman from Virginia (Mr. GOODLATTE). Over the years, because of changes in and public infrastructure, not used as Mr. GOODLATTE. Mr. Speaker, I rise Federal forest policy, the revenue for fodder to drive an anti-oil agenda. This in opposition to H.R. 3058, the Public Federal lands has decreased and Fed- process that we are using is deplorable. Land Communities Transition Act of eral lands are still off limits for devel- We were told that PILT would be in- 2008. Mr. Speaker, this bill had the op- opment, and this leads many counties cluded, but it was stripped out of the portunity to provide rural schools with

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4924 CONGRESSIONAL RECORD — HOUSE June 4, 2008 the much-needed funding that allows means the loss of sheriffs. In just one the speculators, and I do think there is them to keep their doors open and county, Curry County alone, three some merit in the speculators because serve sparsely-populated areas. Unfor- sheriffs will have to patrol an area the they know we haven’t acted on the sup- tunately, the majority decided to offset same size as Connecticut, which has a ply side ever since the Trans-Alaska this bill with provisions that will in- police force of 2,000. Pipeline. Not one time. crease the cost of gas to the American This bill is a 4-year extension of the The SPEAKER pro tempore. The public. Already paying $4 a gallon at Secure Rural Schools. This program time of the gentleman has expired. the pumps, Americans should not be will not continue unless we give this an Mr. BISHOP of Utah. I yield the gen- forced to bear further increases, espe- appropriation. It needs to pass to pro- tleman an additional 30 seconds. cially those living in rural areas that, vide that critical funding for our coun- Mr. YOUNG of Alaska. Let’s follow on average, already drive greater dis- ties. I cannot over-emphasize the need this train a little bit further. If we tances. for this legislation for Oregon and for don’t increase our supply, Mr. and Mrs. The fee increases on oil and gas the Nation to maintain its 100-year-old America, instead of $4 a gallon, it is leases would place further confines on bargain with the National Forest going to be $10 a gallon by January 1. domestic energy production at a time States. I encourage my colleagues to We must act in this Congress, and if when we need to be expanding produc- support its passage today. you do not, may the wrath come down tion and building our Nation’s energy Mr. BISHOP of Utah. May I inquire on you and may you be punished for independence. how much time is left. what you have not done. We must ad- This provision was included in the The SPEAKER pro tempore. The gen- dress this issue in this Congress. I urge farm bill that was brought to the tleman from Utah has 81⁄2 minutes re- my colleagues to consider the supply House floor a year ago, and was one of maining. The gentleman from Oregon side. Consider it. And this legislation several tax increasing provisions that has 9. itself has its weak points, too. drew criticism from House Members, as Mr. BISHOP of Utah. With that, I Mr. DEFAZIO. Mr. Speaker, I yield 2 well as the Senate and the White would yield 2 minutes to the ranking minutes to the gentleman from West House. It would be disingenuous to sing member of the Resources Committee, Virginia (Mr. RAHALL), the chairman of praises of this bill when the cost of pro- the gentleman from Alaska (Mr. the Natural Resources Committee. viding support to rural schools would YOUNG). Mr. RAHALL. Mr. Speaker, I rise in be borne by the very rural constituents (Mr. YOUNG asked and was given support of H.R. 3058, the Public Land we are trying to help. permission to revise and extend his re- Communities Transition Assistance There is a proposed compromise that marks.) Act. As the chairman of the Committee was introduced in the 109th Congress on Natural Resources, I do want to ex- b 1430 and enjoyed broad bipartisan support. press my deep appreciation to the gen- It would solve the problems created by Mr. YOUNG of Alaska. Mr. Speaker, tleman from Oregon, PETER DEFAZIO, the oil and gas lease provisions in H.R. when this bill came out of the com- for his strongly tenacious efforts and 3058 by increasing domestic energy ex- mittee, I thought we had an agreement determined determination on behalf of ploration and production, thereby help- where there would be an offset and a this legislation. He has more than ade- ing to reduce the gas prices for the payment of the bill. Unfortunately, quately explained the bill. My purpose American consumer. At the same time, that did not occur, so consequently I is to stress the urgency of this body this alternative would provide the nec- will be voting against this legislation acting on the legislation. essary funding for rural school dis- because it doesn’t do what it says it is This legislation, commonly referred tricts. That alternative would be some- going to do. Very frankly, this is funny to as the ‘‘county payments bill,’’ was thing I could stand behind but, unfor- money, and the schools won’t be, as we enacted in 2000 to provide stability in tunately, that is not the bill we are want them to be, funded, and that is revenue sharing payments made to the considering today. unfortunate. States and counties containing Federal I urge my colleagues to vote ‘‘no.’’ I But I am also going to talk about a forest lands. This funding has been ex- urge them to vote against the policy lot of the statements on the floor, and tremely important, critically so in that will raise gas prices for Americans my good friend from Oregon has to un- many cases, in assisting schools and when they have the opportunity to do derstand that I do watch the debate. communities in rural counties across it right and create increased domestic There were some statements made that the country, including my home State energy production and solve this prob- I think were incorrect, in fact I know, of West Virginia. Yet the Congress has lem for our rural schools. not think, about ANWR and about failed to reauthorize the program. Mr. DEFAZIO. At this point I would PET4 and about independence. This Congress, with a Democratic yield 11⁄2 minutes to the gentlelady There has been no oil shipped over- majority, is attempting to pick up the from Oregon (Ms. HOOLEY) whose dis- seas from Alaska. It all goes to the pieces of a program that was looking at trict is impacted. West Coast, at one time through the being eliminated square in the eye. Ms. HOOLEY. I would like to thank Panama Canal, through a pipeline, for Last year we managed to pass a 1-year my colleague, Mr. DEFAZIO, for all of American consumption, all 17 billion extension of county payments, but that the work that he has done on this bill. barrels of oil. And if we were to open is due to expire at the end of this Look, I grew up in a family where if ANWR or the Chukchi Sea it would go month. So I cannot stress enough the you made a promise, you kept that to the United States. It wouldn’t go urgency of today’s vote. promise. A deal is a deal. overseas to China or Japan. We could Critical funding for schools and coun- County payments available for 100 make sure of that as we vote for it on ty services across the country will years are payment for the Federal Gov- this House floor, as we did when we had evaporate if we do not act today. In- ernment owning 57 percent of the for- the Trans-Alaska Pipeline. deed, the National Forest Counties and ested land in Oregon. If the Federal I think it is important that the Schools Coalition estimates that about Government did not make these pay- American public recognize that we do 7,000 teachers and other educational ments, these counties would have very have a supply problem. And anybody staff will be laid off as of June 30th little in the way of infrastructure fund- who denies that, I have heard these ar- when their contracts expire if this body ing. guments for 25 years, well, we only do does not act. That is something worth This money will cut the following have one month or 6 months or what- thinking about. Students in rural for- services if we don’t have it, and it will ever it is oil supply, so we shouldn’t do est counties across this Nation will be impact our most vulnerable citizens: it. If we have that 1 million barrels a deprived of almost 7,000 teachers and Loss of sheriffs; loss of DAs; loss of eco- day, Chavez would not have the ability the other educational staff. nomic development services and juve- to blackmail us, or if Nigeria had an Now, some have taken issue with the nile services; loss of mental health upheaval, there wouldn’t be the spike pay-for, the offset being used for this services, public health, and in general, in oil prices. bill, which is a conservation of re- loss of veterans services and senior A lot of people are pointing their fin- sources fee on a class of Federal oil and services. The loss of county payments gers at all the problems, the big oil, gas leases in the Gulf of Mexico that

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4925 are unduly enjoying royalty relief by In the State of South Dakota, the Yet we have shut down the Federal virtue of not having price thresholds. Black Hills National Forest is a special forests from active management. That This is not a new proposal. This body place and a highly valued resource. Yet is why we are here today, because the has considered it before, and rightly so. the national ownership of this land has revenues that used to flow to our com- My colleagues, to date the American clear impacts on finances of counties in munities to pay for basic services, to people have been deprived of over $1 western South Dakota. For example, be the good partner that Teddy Roo- billion in Federal royalties as a result under the Secure Rural Schools pro- sevelt envisioned the great forest re- of this situation. That is over 1 billion gram, Custer County schools receive serves more than 100 years ago, to be a with a ‘‘B’’ dollars, something worth approximately $310,000 for the 2007–2008 partnership with the local community, thinking about. school year. If this program isn’t reau- that partnership, that bond, that We now learn that in the future if thorized, Custer schools would receive pledge has been broken. People are put this situation is not corrected, the about $90,000. The loss of $210,000 would out of work. Services are lost. American people will be fleeced to the likely lead to eliminating numerous The tragedy that brings us here tune of $4 billion and to a high of $14 teaching positions and increasing class today is another broken promise, and billion. sizes to as many as 40 students per that is when this bill was considered by The SPEAKER pro tempore. The class. the House Natural Resources Com- time of the gentleman from West Vir- Custer County isn’t alone. If we fail mittee there was a consistent and com- ginia has expired. to reauthorize the secure rural schools mon pledge that this bill would be Mr. DEFAZIO. I yield the gentleman program, almost 7,000 teachers and brought to the floor with a different an additional 15 seconds. Mr. RAHALL. That figure could go as other educational staff will be laid off offset. I have a quote here from the spokes- high as $14 billion, depending on the across the country as of June 30, 2008, person from the committee that makes price of oil and natural gas and the when their contracts expire. H.R. 3058 that very clear. It says very clearly, it amount produced from these leases. provides a new distribution formula So it is very important that we rec- and transition payments as counties is definitely our intention for the ognize this bill does have funding adjust. money not to come from increased fees sources and that is what we are trying The SPEAKER pro tempore. The on oil and gas companies. to do here, at the same time generating time of the gentlewoman from South It is definitely not our intention for funds to pay for teachers and the edu- Dakota has expired. the money to come from increased fees cation of our school children. Mr. DEFAZIO. I yield the gentle- on oil and gas companies. That is what Mr. BISHOP of Utah. Mr. Speaker, I woman an additional 15 seconds. the committee said. I just couldn’t yield 30 seconds to the gentleman from Ms. HERSETH SANDLIN. On the off- read it. It is too far in front of me. I Texas (Mr. BRADY). set, by my count, 48 of my Republican apologize. Mr. BRADY of Texas. Mr. Speaker, colleagues have in the past voted for That clearly is not the case. It is one of the reasons this Congress has legislation that included this offset. clearly not the case. So we have before the lowest approval ratings in poll his- That was all in 2007, before oil went us a bill with a broken promise, first of tory is it keeps playing political games over $100 a barrel. So I would think all, and it didn’t have to be that way. instead of solving real problems like that even those of us that do support Yes, I have come to this floor repeat- energy prices or supporting our troops expanded exploration and drilling for edly and called for this bill to come to in Iraq. energy sources on public lands would this floor for consideration. I don’t Today we are doing the same, playing agree that it should be equitable and know why it was held hostage for 130 or games with our rural schools, with our Federal royalty payments should be so days. But I came here calling for rural counties, with our rural fire- paid when we are extracting oil re- this bill to come to the floor with the fighters and police forces. Unfortu- sources from public lands. clear understanding, the promise and nately, this bill is deader than a door- I encourage my colleagues to support pledge of that committee that it would nail, only because some political ge- this fair, bipartisan bill. come here with a different offset, one nius decided they would like to pit Mr. BISHOP of Utah. Mr. Speaker, I that was palatable. That promise and those of us who support rural schools reserve the balance of my time. pledge was broken. against our energy companies. Well, Mr. DEFAZIO. Mr. Speaker, I would Meanwhile, I know the Speaker was guess what? Everyone loses, especially inquire as to the time. out in Oregon a while back and said our rural communities who fought for The SPEAKER pro tempore. The gen- where we go from here is we ought to this. This bill is a shame. tleman from Oregon has 4 minutes re- phase out that system. That doesn’t Mr. DEFAZIO. Mr. Speaker, the gen- maining. The gentleman from Utah has sound like the Speaker is very sup- tleman is correct. It’s teachers or cops 51⁄2 minutes remaining. portive to me. or Big Oil. Mr. DEFAZIO. I suggest the gen- So what we have here today is an off- With that, I would yield 11⁄2 minutes tleman use some of his time, because I set of questionable legality. And I say to the gentlewoman from South Da- only have one more speaker and then I that not because I am a lawyer, I am kota (Ms. HERSETH SANDLIN). will be closing. not, but because of court cases that Ms. HERSETH SANDLIN. I thank Mr. BISHOP of Utah. Mr. Speaker, I have occurred that said when it comes the gentleman for yielding. will be happy to yield 5 minutes to the to levying a fee on conservation of re- I rise today in support of H.R. 3058, gentleman from Oregon (Mr. WALDEN) sources on the Outer Continental Shelf, the Public Land Communities Transi- who has worked tirelessly on this issue that leases that exist today prohibit tion Assistance Act, and I too thank in a bipartisan way in the past. the application of future laws and regu- the gentleman from Oregon, Mr. Mr. WALDEN of Oregon. Mr. Speak- lations except future regulations re- DEFAZIO, for his tireless efforts to re- er, it is unfortunate that we have ar- lated to conservation of the resources authorize the Secure Rural Schools rived here today like an out-of-control of the Outer Continental Shelf. program. I also thank the House Com- car skidding to a stop. Let’s not forget What does that mean in real people mittee on Natural Resources and the why we are here. We are here because talk? It means if you are going to levy House leadership for their work on this of a changed Federal timber policy the fee that you plan to levy, you have legislation. that has bankrupted the people that to spend it in a legal way, which is on H.R. 3058 would reauthorize the se- live in my district and many of yours, conservation efforts on the Outer Con- cure rural schools program for 4 years. and as a result we now have fires at tinental Shelf, or else the courts will Annual payments to counties impacted costs that are unbelievable. They are say you are not following the decisions by National Forest lands are an impor- historic. We are burning more acres of we already gave you, Mobil v. U.S., tant part of many school districts’ our Federal forests than at any time in among others. So this is of question- budgets, and failure to reauthorize the our Nation’s history, and we are paying able legal status. Secure Rural schools would force very more for it. Forty-seven percent of the So, I asked my colleague from Or- difficult decisions in counties and Federal budget for the Forest Service egon, we talked, we have worked really school districts in over 40 States. now goes to put out fires. closely on this issue over the years in

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4926 CONGRESSIONAL RECORD — HOUSE June 4, 2008 a bipartisan manner, and I said I think looking at offshore drilling fees, which bill without a permanent solution and we are going to have a lot of problems is a concept of a new fee that is there. without an offset that is legitimate. on our side with this and I don’t think I am more than happy to go in that di- The counties, the education commu- it is legal. And indeed that is where we rection. nity, and the energy companies pre- are today. But today they’re not. sented a real solution that would really So we have exchanged letters. My I yield 2 minutes to the gentleman pay, not a phony placeholder, but real colleague wrote me on May 30. Mr. from Oregon (Mr. BLUMENAUER). money that would pay for full tilt, full DEFAZIO said if you have other sugges- Mr. BLUMENAUER. I appreciate the secure rural schools, a real solution to tions for offsets that won’t raise the ire gentleman’s courtesy as I appreciate real problems. This bill is the wrong of oil patch or mineral-dependent his leadership and tireless effort to bill, the wrong process, at the wrong Members, I would welcome the input. help keep this alive. time, and should be defeated. So we talked on Monday and I said give I understand the frustration of my Mr. DEFAZIO. Mr. Speaker, I yield me a day. This is rushed on the suspen- friend from Oregon that just spoke. He myself the balance of our time. sion of the rules. Give me a day to should be frustrated, because his Re- This is a difficult choice. It is always come up with an alternative, and we publican Party was in total control for difficult to choose between your con- did. 6 years with the Presidency, with both stituents and your patrons. The pa- We spent all day yesterday with the Houses of Congress, and there is a situ- trons heavily to that side of that aisle Congressional Budget Office, technical ation that he doesn’t like. I understand have been Big Oil. This would hurt Big experts, legal experts, and we came up it. I understand his frustration. If I Oil. They would actually have to pay a with a proposal that legally funds were in his position, I would be, too. It fee for leases that were written improp- county payments, legally and fully was the Republican Congress that did erly where they don’t pay any royalties funds PILT, legally and fully accesses not extend this program and allowed it to the American taxpayers at a time of energy resources on the Outer Conti- to expire. record prices. That hurts. There is a simple choice before us nental Shelf. It is very similar to a pro- Yes, it is true. So far, a bare minor- today where we have an opportunity to posal that my colleague from the ity of Senators have rejected it, pre- deal with the needs of hundreds of Fourth District voted for that was viously. Maybe they won’t this time. thousands of rural Americans, not just passed by this house less than 2 years Maybe with oil at $125 a barrel they in Oregon, but from 40 States around ago that would generate revenue le- will go along with it and say we can the country, or the interests of a few gally. By the way, for those 98–99 get some good out of this for a change. oil companies who are making money leases, we do levy a fee so that they do We can help kids get an education. We hand over fist, and they are making pay, but we do it in a constitutional can keep teachers employed. We can some money that they shouldn’t be- legal way so it is applied for conserva- provide money to police our counties cause they are not paying what they tion, coastal line improvements. and to keep people in jail who need to should under the leases. 1445 be there, and for other public services b We have already dealt with this ca- and public works. We can do those So we get at the 98–99 lease issue in nard that somehow the answer is to things. But we have got to have some a legal way under this proposal. The give the oil industy access to more guts. Every once in a while you have Coalition of County Roads and Schools, land to drill. Oil companies have been got to stand up. we presented this to them yesterday granted 42 million acres of which they afternoon, they embraced it whole- are only using 12 million currently, so We hear all this stuff, all we need is heartedly. But it was rejected. they have 30 million acres of area that more leases. Their staff boycotted a Under suspension of the rules, I am they could potentially drill and they meeting last week. They sprung a pro- not allowed to offer it as an alter- are not drilling now. Somehow we posal last night, which is a Republican native. If this bill goes down today on should come up with something more bill, not a single Democrat on it, and a vote on the suspension calendar, it to give to them, allow them to have would open up offshore oil drilling, can be brought up. The placeholder more money, ignores the issue here which is not acceptable to the Repub- that this represents is a seat on a bus today. lican Governor of California, to the Re- going into a cliff. It is going off the I would suggest that we ought to re- publican Governor of Florida, and cliff and into a chasm. Fortunately, spect the work of Mr. DEFAZIO in many others. It is a nonstarter. Come there is a cable attached to that bus. If bringing this forward. Frankly, I was on, guys, let’s get real. This is your this goes down today, counties aren’t frustrated at the negative comment choice. This is it. lost. They can come back, bring it up about Speaker PELOSI who said that, There are 6,312 nonproducing leases under a rule and we can have a real and instead of pushing these people off a on the OCS. This bill would make those substantive debate about a way to fully cliff, that she would work to cushion companies begin to produce, or pay a fund it. the blow, to help phase it down. She fee for not producing. If you want to HOUSE OF REPRESENTATIVES, was trying to help instead of cutting help provide more supply, which is Washington, DC, May 30, 2008. them off. She has been helpful in mov- what a lot of the debate has been about Hon. GREG WALDEN, ing this forward, and taking a shot at today, let’s impose a fee on those 6,312 Longworth House Office Building, the Speaker is unfair and if you are wells. And, in the meantime, let’s get Washington, DC. trying to solve the problem, it is un- some good of that money for the Amer- DEAR GREG: As you know, I worked with ican people. Help 7,000 teachers, help the administration to come up with several wise. other potential offsets to pay for a multi- It is the Republicans for 6 years that the kids in rural schools, help our dep- year extension of the county payments pro- had the control, who didn’t exercise it. uty sheriffs, help our people who do gram. Unfortunately, those offsets were This is a constructive alternative. I corrections, help the people who have a strongly objected to on a bi-partisan basis. If suggest that we recognize the need of backlog of road and bridge projects all you have other suggestions for offsets that these hundreds of thousands of Ameri- across rural America. Help 42 States. won’t raise the ire of oil patch or mineral-de- cans, not a few oil companies. Help 600 counties. pendent members, I would welcome the This is your only vote. This is your input. Mr. BISHOP of Utah. Mr. Speaker, I I look forward to talking to you this after- yield to myself the balance of our time. time. Sometimes you have to make noon or on Monday. I appreciate Chairman RAHALL from tough choices. I urge an ‘‘aye’’ vote on Sincerely, the committee coming down here ear- this bill. PETER A. DEFAZIO, lier to speak on the bill. When this bill Mr. BARTON of Texas. Mr. Speaker, the bill Member of Congress. was under his control, he treated us before us today, H.R. 3058, represents a thin- Mr. DEFAZIO. Just in response, the with kindness and consideration. ly veiled attempt to create a partisan fight over gentleman asked three times to bring In the tornado of words that we have a nonpartisan issue. For several years now, this bill to the floor with these offsets, heard here today, there is one thought Members from both sides of the aisle have and the gentleman from Utah actually that still comes through: We need a struggled to find a way to pay for the reauthor- said in committee: I am specifically permanent solution. This bill is half a ization of the Secure Rural Schools program.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4927 We have found such a compromise in Con- The SPEAKER pro tempore. The for amendment the Committee shall rise and gressman Walden’s substitute to H.R. 3058. question is on the motion offered by report the bill to the House with such But that is not what we are voting on today. the gentleman from Oregon (Mr. amendments as may have been adopted. Any Member may demand a separate vote in the The Walden compromise that has been ap- DEFAZIO) that the House suspend the House on any amendment adopted in the proved by the stakeholder organizations con- rules and pass the bill, H.R. 3058, as Committee of the Whole to the bill or to the tains reauthorization of both Payments in Lieu amended. committee amendment in the nature of a of Taxes and the Secure Rural Schools pro- The question was taken. substitute. The previous question shall be gram which are so vital for people whose The SPEAKER pro tempore. In the considered as ordered on the bill and amend- counties are majority owned by the Federal opinion of the Chair, two-thirds being ments thereto to final passage without inter- Government, and thus don’t have the property in the affirmative, the ayes have it. vening motion except one motion to recom- tax base to support education. But that is not Mr. BISHOP of Utah. Mr. Speaker, on mit with or without instructions. SEC. 2. During consideration in the House the bill we are voting on today. that I demand the yeas and nays. of H.R. 3021 pursuant to this resolution, not- The proposed Walden compromise address- The yeas and nays were ordered. withstanding the operation of the previous es our growing energy crisis by expanding The SPEAKER pro tempore. Pursu- question, the Chair may postpone further state control and protection of the outer conti- ant to clause 8 of rule XX and the consideration of the bill to such time as may nental shelf, and by producing new energy in Chair’s prior announcement, further be designated by the Speaker. the deep ocean. It provides funding for front- proceedings on this motion will be The SPEAKER pro tempore. The gen- end engineering and design grants for coal-to- postponed. tlewoman from Ohio is recognized for 1 liquids, oil shale, tar sands, carbon sequestra- f hour. tion, and enhanced oil recovery. Ms. SUTTON. For the purpose of de- Congressman WALDEN’S compromise pro- PROVIDING FOR CONSIDERATION bate only, I yield the customary 30 posal contains provisions that have been pre- OF H.R. 3021, 21ST CENTURY minutes to the gentleman from Florida viously debated on this floor, passed by this GREEN HIGH-PERFORMING PUB- (Mr. LINCOLN DIAZ-BALART). All time body, and approved by the administration. But LIC SCHOOL FACILITIES ACT yielded during consideration of the rule that is not the bill we are voting on today. Ms. SUTTON. Mr. Speaker, by direc- is for debate only. The bill we are voting on today breaks con- tion of the Committee on Rules, I call I yield myself such time as I may tracts that were negotiated in good faith be- up House Resolution 1234 and ask for consume. I also ask unanimous consent tween the previous administration and Amer- its immediate consideration. that all Members be given 5 legislative ican energy providers. The bill we are voting The Clerk read the resolution, as fol- days in which to revise and extend on today has prompted a veto threat, and will lows: their remarks on H. Res. 1234. probably not even make it through the House H. RES. 1234 The SPEAKER pro tempore. Is there today. If the majority wants to make this a par- Resolved, That at any time after the adop- objection to the request of the gentle- tisan vote, so be it. That is their prerogative. tion of this resolution the Speaker may, pur- woman from Ohio? But let me make one thing clear; the super- suant to clause 2(b) of rule XVIII, declare the There was no objection. intendents of Groveton, Crockett, Latexo, House resolved into the Committee of the Ms. SUTTON. Mr. Speaker, H. Res. Grapeland, Lovelady, and Kennard Inde- Whole House on the state of the Union for 1234 provides for consideration of H.R. pendent School Districts do not care about consideration of the bill (H.R. 3021) to direct 3021, the 21st Century Green High-Per- partisanship. The reality of what we are doing the Secretary of Education to make grants forming Public Facilities Act, under a today is that these, and thousands of other and low-interest loans to local educational structured rule. The rule provides 1 agencies for the construction, moderniza- hour of general debate controlled by school administrators, are going to have to cut tion, or repair of public kindergarten, ele- jobs and programs as they see their revenues mentary, and secondary educational facili- the Committee on Education and shrink drastically. All for the sake of making a ties, and for other purposes. The first read- Labor. The rule makes in order eight political statement. ing of the bill shall be dispensed with. All amendments which are printed in the When Congress decided to take land out of points of order against consideration of the Rules Committee report. The rule also the tax base of thousands of rural counties in bill are waived except those arising under provides one motion to recommit, with order to create our National Forest System, clause 9 or 10 of rule XXI. General debate or without instructions. we made a promise to help cover the cost of shall be confined to the bill and shall not ex- Mr. Speaker, I am proud to rise today education. We have a chance to fulfill this ceed one hour equally divided and controlled in strong support of H.R. 3021, the 21st by the chairman and ranking minority mem- Century Green High-Performing Public promise by taking up the Walden compromise ber of the Committee on Education and for Secure Rural Schools and PILT reauthor- Labor. After general debate the bill shall be Schools Facilities Act. This legislation ization. I urge my colleagues to vote no on the considered for amendment under the five- is important and groundbreaking be- political stab before us today, and I urge ma- minute rule. It shall be in order to consider cause it simultaneously addresses im- jority to bring to the floor Congressman WAL- as an original bill for the purpose of amend- portant issues confronting our Nation DEN’S proposal as soon as possible. Our rural ment under the five-minute rule the amend- in the 21st century, improving our edu- communities depend on it. ment in the nature of a substitute rec- cation system, modernizing our build- Mr. RUSH. Mr. Speaker, I rise today in ommended by the Committee on Education ings and infrastructures to be environ- and Labor now printed in the bill. The com- mentally sustainable, and creating jobs strong support for H.R. 3058, the Public Lands mittee amendment in the nature of a sub- Communities Transition Act. This legislation stitute shall be considered as read. All points to grow our economy. will provide crucial funding to school districts of order against the committee amendment Mr. Speaker, our Nation’s school dis- located in Federal forest counties. Without in the nature of a substitute are waived ex- tricts are struggling to make essential these funds, these school districts will have to cept those arising under clause 10 of rule improvements during these lean eco- make large cuts to their educational services XXI. Notwithstanding clause 11 of rule nomic times. According to recent esti- and programs. XVIII, no amendment to the committee mates, America’s schools are hundreds It is imperative to address the fact that amendment in the nature of a substitute of billions of dollars short of the fund- these counties have little to no local tax base shall be in order except those printed in the ing needed to ensure that every stu- report of the Committee on Rules accom- to levy for their school districts. Therefore, any panying this resolution. Each such amend- dent attends a high quality facility. assistance from the Federal Government is ment may be offered only in the order print- Too many parents across this country essential. ed in the report, may be offered only by a are forced to drop off their children at Mr. Speaker, with the passage of this bill, Member designated in the report, shall be schools that are falling apart, schools we will ensure that the education of our chil- considered as read, shall be debatable for the with leaking roofs and faulty electrical dren will not fall victim to devastating cuts in time specified in the report equally divided systems, schools with outdated tech- these areas. Adequate education should be and controlled by the proponent and an op- nology which compromises their abil- provided to all of our children, regardless of ponent, shall not be subject to amendment, ity to achieve and succeed. and shall not be subject to a demand for divi- Our bill provides $33.2 billion over 5 where they live. I urge all of my colleagues to sion of the question in the House or in the join me in supporting this bill with bipartisan Committee of the Whole. All points of order years for schools across the country for support. against such amendments are waived except projects to modernize, renovate, and Mr. DEFAZIO. I yield back the balance those arising under clause 9 or 10 of rule XXI. repair their facilities. This funding is of my time. At the conclusion of consideration of the bill crucial to improve our schools so that

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4928 CONGRESSIONAL RECORD — HOUSE June 4, 2008 the students have a healthy and safe School modernization is the central America Act expire, we should be environment in which to learn and de- purpose of 3021. Equally important and working to give our intelligence offi- velop the knowledge and the skills nec- necessary is the essential economic cials the tools they need to stop ter- essary to compete in today’s work- stimulus that this bill will provide by rorist attacks. force. creating more than 100,000 new jobs for Instead, the majority has decided to H.R. 3021 also addresses disparities in American workers who design and work on a green schools bill and a school facilities funding. It directs the build schools, from roofing contractors, water trails network reauthorization. Secretary of Education to distribute construction workers and electricians, These are not exactly the pressing funds to school districts according to to architects and engineers. It’s esti- issues facing Americans every day. the same need-based formula used mated that this bill will result in the These are not the issues our constitu- under title I of the Elementary and creation of nearly 4,000 jobs in my ents want us working on today. Secondary Education Act which pro- home State of Ohio in 2009 alone. One of the central tenets of the vides funding for low income school Mr. Speaker, in these challenging Democrats’ campaign in 2006, Mr. districts. Funding provided in this bill economic times, important and innova- Speaker, was that they would run Con- can be used for energy efficiency and tive legislation such as this bill will go gress in a more open and bipartisan technology improvements, asbestos re- a long way to creating new opportuni- manner. On December 6, 2006, the dis- moval and lead abatement, and for en- ties for America’s workforce. Passing tinguished Speaker, Ms. PELOSI, reiter- suring that schools are prepared for this bill will enable school districts to ated her campaign promise. She said, emergencies. The funding is provided upgrade their facilities and lead our ‘‘we promised the American people with few restrictions, which will allow Nation’s students towards a brighter that we would have the most honest individual schools to satisfy their indi- and healthier future while addressing and open government, and we will.’’ vidual needs. the job crisis we face today. However, that promise has yet to Renovating schools so that they are I reserve the balance of my time. come to fruition as the majority has environmentally sustainable will pro- Mr. LINCOLN DIAZ-BALART of consistently blocked an open process vide numerous health and educational Florida. Mr. Speaker, I would like to through the Rules Committee. A prime benefits for students. Increasing air thank the gentlewoman from Ohio (Ms. example of how they’ve consistently stymied openness and bipartisanship is quality and lighting will enhance our SUTTON) for the time, and I yield my- students’ ability to focus and learn, self such time as I may consume. by the number of open rules that while reducing student sick days and Today, the House is set to consider they’ve allowed in the 110th Congress. improving the health of students with H.R. 3021, the 21st Century Green High- We’re three-quarters of the way asthma and other respiratory prob- Performing Public School Facilities through the 110th Congress, and so far lems. Act. This bill will direct the Secretary the majority has allowed only one open rule. One open rule, Mr. Speaker, in 18 b 1500 of Education to make grants and loans to local educational agencies for the months. Green schools also cost about 2 per- They had a chance to double to two construction, modernization or repair cent less than conventional schools, the open rules last night, but by a of public educational facilities. It also while providing financial benefits that party line vote they decided that they would require the funds to be used only are 20 times as large, utilizing 33 per- would once again use a restrictive rule cent less energy and 32 percent less for projects that meet certain green process in making only four Repub- water than traditional schools. standards such as Leadership in Energy lican amendments in order. They Enabling students to attend environ- and Environmental Design, Energy struck down 15 Republican amend- mentally sustainable schools not only Star, or an equivalent State or local ments that had been introduced, in- insures a healthy learning environ- standard. cluding one from the ranking member ment. It will also naturally facilitate Tomorrow, we are scheduled to con- of the Education and Labor Com- sider H.R. 5540, to reauthorize the environmental literacy in our youth. mittee, Mr. MCKEON. So much for the This will help our children grow into Chesapeake Bay Gateways and Water open process they promised. stewards of our environment and nat- Trails Network. I reserve the balance of my time. ural resources that we must treasure I spent last week, Mr. Speaker, meet- Ms. SUTTON. Mr. Speaker, at this and preserve for future generations. ing and speaking with constituents in point I yield 3 minutes to the distin- Unfortunately, many schools in my my district about the issues that mat- guished gentleman from California, the district and across the Nation are also ter to them, and no one mentioned chairman of the Committee on Edu- forced to address difficult security anything closely related to these two cation and Labor, Mr. MILLER. challenges. For example, Brunswick bills. Both of these bills may be impor- (Mr. GEORGE MILLER of California High School in my district is the larg- tant in their own right, but I believe asked and was given permission to re- est single-level high school building in there are other issues that are much vise and extend his remarks.) Ohio, stretching a quarter of a mile more pressing, issues we should be de- Mr. GEORGE MILLER of California. from end to end with 60 entrances. As bating. Mr. Speaker, I want to thank my col- you can imagine, this presents a formi- When Americans are paying $4 a gal- league from Ohio (Ms. SUTTON) for dable security challenge for teachers lon for gasoline, we should be working agreeing to handle this rule on this and administrators. on legislation to lower the cost of gaso- piece of legislation, and for her strong For these reasons, Congresswoman line, increasing domestic energy explo- support of this legislation to provide MCCARTHY and I have worked to in- ration, reducing our reliance on unsta- for green high-performing public clude a provision in the manager’s ble foreign energy. schools and the facilities in which our amendment for this legislation that France produces over 80 percent of its children learn. will allow schools to improve building electricity from nuclear power, and This legislation comes along at a infrastructure to accommodate secu- there’s a strong environmental move- time when the record is very clear that rity measures and security doors. ment in France. And yet the United in far too many instances our Nation’s This bill authorizes $100 million a States hasn’t built a nuclear power school buildings are literally crum- year through 2013 specifically for pub- plant in 30 years. bling around the students that we send lic schools in the gulf coast that are When our military forces are running to them every day. They’re in des- still working to rebuild from the devas- out of personnel, operation and mainte- perate need of renovation; they’re in tation that Hurricanes Katrina and nance funds, we should be working to desperate need of remodeling; they’re Rita wrought three years ago. bring bipartisan legislation to the in desperate need of modernization, so Families in the gulf coast are still President’s desk that he can quickly that our students who attend those fighting to recover and to put their sign and fund the troops. schools every day can have a safe lives back together. Mr. Speaker, we When the intelligence community is learning environment. must continue to devote extra re- stripped of one of their key tools in the Not only will this bill help improve sources so that those schools and those fight against international terrorism student achievement by providing stu- communities can rebuild. because the majority let the Protect dents and teachers with modern, clean,

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4929 safe and healthy learning environment, I rise today in opposition to this rule construction, we should refocus our ef- but it will also give a boost to our and the underlying bill. forts on fulfilling existing obligations economy and help make schools a part Mr. Speaker, last night the Rules to schools and children impacted by of the solution to the global warming Committee voted along party lines to Federal actions. crisis. not allow the U.S. House of Represent- Mr. Speaker, I urge my colleagues to It is this kind of forward thinking atives, this body, to even consider two vote ‘‘no’’ on the previous question and and innovative policy that is needed to amendments that I offered that would against the underlying bill. strengthen our Nation and help build a have helped school districts whose tax Ms. SUTTON. Mr. Speaker, I yield 3 brighter future. By addressing a num- bases are significantly reduced by the minutes to the distinguished gen- ber of key challenges at once, this bill presence of tax-exempt Federal lands. tleman from Oregon (Mr. is a clear win for our children, for the This bill would drastically expand BLUMENAUER). workers and for our planet. the Federal Government’s role in Mr. BLUMENAUER. I appreciate the I would like to thank my colleagues school construction and maintenance, gentlelady’s courtesy in permitting me who were instrumental in drafting this activities historically funded at the to speak on the bill, the work that is legislation and working on it many State and local level before. But done by the Rules Committee in bring- years. I want to thank Congressman they’re doing this before the Federal ing this legislation before us. I am en- BEN CHANDLER, the author of this bill, Government meets its existing respon- thusiastically supportive of the rule for the hard work and dedication of sibilities to schools that are impacted and the underlying bill. moving this legislation through the by Federal land ownership. An opportunity to integrate sustain- House. Mr. Speaker, over 33 percent of my ability into the neighborhood school, I would also like to thank Congress- district in Central Washington is the building block of communities, is a man DALE KILDEE, the Chair of the owned by the Federal Government; double win. In the long run, this is Subcommittee on Early Childhood, El- making 11 school districts eligible for going to save significant amounts of ementary and Secondary Education for Impact Aid programs. I know all too money at a time of skyrocketing en- his work on this bill. Mr. KILDEE has well the consequences of Federal land ergy prices. And the evidence is that at been a longtime champion of efforts to ownership and the impact it has on the the green schools I’ve seen in my com- improve the physical conditions of our ability of schools to make needed im- munity, there’s actually better per- formance. There’s better performance Nation’s schools, and he deserves great provements. credit for his leadership in this area. In the Grand Coulee Dam area in my on the part of the students, higher job I also want to thank Congressman district, students attend classes in satisfaction with the staff, and as I DAVE LOEBSACK, who joined the fight buildings that are more than half a have seen in communities around the the moment he stepped foot into the century old and that are literally fall- country where these principles are in- Congress. Like Mr. KILDEE, Mr. tegrated into the school construction, ing apart. While the local residents in LOEBSACK is a former teacher, and he it is a valuable learning experience for those districts have agreed to pay one understands firsthand the difference the children themselves. of the highest school levies to maintain that a top-notch facility, that a mod- I am particularly pleased in elements current levels in the State of Wash- ern facility, that a safe facility, that a dealing with the transportation, allow- ington, the school district remains un- clean facility can mean to a child’s ing some of the facilities work to be able to secure a bond to make improve- education. That’s the promise of this done to help our children get to school ments on physical facilities because legislation. safely on foot or cycling. And I would like to recognize the ef- the community is surrounded by Fed- eral lands and, therefore, has a limited b 1515 forts of Congressmen RUSH HOLT, CHARLIE RANGEL, BOB ETHERIDGE and tax base. In 1969, so long ago that I was still in The Federal Government has a re- Congresswoman DARLENE HOOLEY, who school, over half of America’s children is the head of the Green Schools Cau- sponsibility to ensure that no child’s were able to get to school on their own cus. education is shortchanged because of walking or biking. By 2001, that per- As study after study has told us, we Federal land ownership. And, in my centage had fallen to 15 percent, and I don’t have a choice when it comes to view, it’s only fair that the Federal routinely do work in other parts of the rebuilding our schools. We simply Government take care of federally im- country where that percentage is under won’t be able to provide every child pacted schools before launching a 10 percent where children can safely with the world-class education they brand new spending program costing get to school on their own. need and deserve unless we’re willing billions of dollars that’s aimed at This poses an inordinate problem in to help the States and school districts schools that aren’t federally impacted. terms of the costs for transportation improve the conditions of these build- I offered two amendments in the for school districts. We’re all familiar ings and facilities. It’s not a question Rules Committee. The first would have in our own communities with schools of if we should modernize and repair required that our commitment to fed- that have a rush hour around the start our Nation’s schools; it’s a matter of erally impacted schools be met through of school, and then there’s the rush when. It’s simply a decision that we full funding in the Impact Aid program hour to commuting. It complicates have to make and we can make it before funding is spent on new Federal lives for families, it’s a problem of con- today. spending in this bill. gestion and pollution, and with energy Today we have that opportunity to My second amendment, which I of- prices projected to continue to remain begin this investment, an investment fered along with my colleague, ROBIN high, it costs money. that will yield great results for our HAYES of North Carolina, would have But with the provisions of this legis- children, our economy and our future. simply given preference, preference, to lation, we’re going to have resources Finally, I want to thank all of the federally impacted schools as the new available that compliment our Safe members of the Rules Committee for construction and maintenance funds Routes to School legislation in the last the consideration of this rule, for the were distributed. transportation reauthorization to be reporting of this rule, and to Chair- Unfortunately, Democrat leadership able to help, once again, children to be woman SLAUGHTER for her diligence in blocked both of my amendments from able to walk and bike safely to school. making sure that this rule came to the being debated or voted on today on the At a time when we are looking at 10 floor. House floor. million young people of school age who Mr. LINCOLN DIAZ-BALART of Mr. Speaker, if the Federal Govern- are overweight, and when the projec- Florida. Mr. Speaker, it’s my privilege ment cannot meet its current respon- tion is that by 2010, 20 percent of the to yield 3 minutes to the distinguished sibilities to federally impacted schools, school-age population will be obese, gentleman from Washington (Mr. then it certainly has no business cre- this is an opportunity to help children, HASTINGS). ating a brand new $20 billion spending particularly when one of the failures of Mr. HASTINGS of Washington. Mr. program for other schools. Rather than No Child Left Behind is that there isn’t Speaker, I thank my friend from Flor- passing this massive expansion of the a provision for physical education in ida for yielding me the time. Federal Government’s role in school our schools.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4930 CONGRESSIONAL RECORD — HOUSE June 4, 2008 This is a triple win. I strongly urge reason or another. I’ve heard the old we were in the majority. There was support. saw about spending on the war, or this outcry constantly from the Demo- Mr. LINCOLN DIAZ-BALART of whatever it may be. But the bottom crats about not funding fully to the 40 Florida. Mr. Speaker, it is my privilege line is there’s going to be so much percent level of IDEA, and of course to yield 3 minutes to the distinguished spending on education and other re- the trajectory of spending in the Bush gentleman from Delaware (Mr. CAS- sources this year, and my judgment is administration under Republican ma- TLE). that we are really opening the door jority was a geometric progression. We Mr. CASTLE. Mr. Speaker, I thank here. If we open this door at $6.4 billion spent much more money than the the distinguished gentleman for yield- without hundreds of billions of dollars Democrats have spent in the previous ing, and I do rise in opposition to the that are needed, we’re going to find 10 or 12 years when they were in con- rule and the bill. I don’t think in my that that’s going to double almost trol. entire time in Congress I have ever op- overnight when they find out there is a But now we’re going to take this posed anything that provides addi- Federal resource for it. money that should be spent on these tional funding for education, but I The pressure in this place to take programs like title I and IDEA and cre- think this bill has many underlying that up to $10 billion, $15, $20 billion a ate a whole new program. It makes no elements we have to pay some atten- year is going to be overwhelming, and sense. If enacted, it will create abun- tion to. all of a sudden, the education programs dant squeeze, make it less likely the I don’t disagree with virtually any- which we have a responsibility to be Federal Government will be able to ful- thing I’ve heard from the other side of funding, which was so important to the fill financial commitments that have the aisle in terms of what this might basic instruction of kids, will fall by already been made for student achieve- do. There is, as Mr. MILLER indicated, a the wayside. ment. desperate need for rebonding and ren- I would urge all of the Members op- Mr. Speaker, we need to continue ovation. We do need good schools. I pose this rule. promoting local control over education think it would help our children. I’m in Ms. SUTTON. Mr. Speaker, I reserve decisions while providing Federal as- full agreement with all of that. the balance of my time. sistance for student achievements. The I’m also in full agreement with the Mr. LINCOLN DIAZ-BALART of best and most immediate way that we gentlewoman from Ohio who said Florida. Mr. Speaker, it’s my privilege can do that is by defeating the previous there’s hundreds of billions of dollars to yield 3 minutes to the distinguished question and the rule for H.R. 3021. For of these kinds of renovations which are gentleman from Georgia (Mr. these reasons, I ask that all of my col- needed out there in the referenda for GINGREY). leagues oppose the rule and the under- many of those things which are going Mr. GINGREY. Mr. Speaker, I thank lying legislation. on. the gentleman for yielding. The issue is what else is needed to be Ms. SUTTON. Mr. Speaker, I am I rise in strong opposition to both done in education and what can we af- going to reserve my time until the gen- this restrictive rule and the underlying ford to do at the public government tleman has closed for his side and has bill brought forward today by the level. yielded back his time. If you look carefully at this bill and Democratic majority. Mr. LINCOLN DIAZ-BALART of analyze the bottom-line expenditures, As a former chairman of the Marietta Florida. Mr. Speaker, I yield 3 minutes it’s $6.4 billion for the first year of fis- City School Board in my district, I to the distinguished lady from Min- cal year 2009. It sets some thereafter strongly believe that there needs to be nesota (Mrs. BACHMANN). for the basic renovations. There’s $100 more of an emphasis on public school Mrs. BACHMANN. Mr. Speaker, as million for each of 5 years for emer- construction but at the State and local the author of an amendment that was gency help in those States which were level. However, H.R. 3021, the 21st Cen- not made in order under this rule, I so devastated by storms which perhaps tury Green High-Performing Public rise in opposition to this rule. My could be done separately, and I would School Facilities Act, sends the wrong amendment would have prohibited tax- have no problems with them, Lou- message of how the Federal Govern- payer funds authorized by this bill isiana, Mississippi, et cetera. ment should be involved in local edu- from being used to purchase mercury- The title III provision is the green cation decisions. laden compact fluorescent light bulbs, provision which calls for a percentage With limited exception in the 1930s also known as the CFL. of this money to be spent for green as- and 1940s, the Federal Government has Mr. Speaker, it is not my intention pects of our schools, as we should be rightly left the responsibility of public to take the choice away from public doing. This is something the Federal school construction up to the State schools as to how to meet their light- Government has not done heretofore. and local governments. State and local ing needs. In fact, I believe that Con- We have had certain responsibilities ei- governments know the construction gress already makes, too often, deci- ther assigned to us or done by statute needs in schools much better than bu- sions for our citizens. But it is Con- in some way or another, and one of reaucrats in Washington. And the Fed- gress’ single-minded dangerous pursuit those is an amendment which I intro- eral Government has promoted the au- of this environmental fad that has got- duced saying that before we do this, we tonomy and flexibility of local control ten us all to this point of silliness should fully fund the authorization of over education in this matter. How- today. title I. It is very arguable that if we ever, this bill would negate much of Congress must ensure that mercury- have good schools, our students will do this work and would only expand the laden light bulbs are safe before we en- better. I think it’s even more arguable size and scope of the Federal Govern- courage their use in our child’s class- that if we have the necessary teachers ment, as my good friend from Dela- rooms. There are very serious health and other personnel to make abso- ware, Mr. CASTLE, just pointed out. concerns about these light bulbs that lutely sure the kids are going to be Furthermore, Mr. Speaker, H.R. 3021 are filled with mercury. They pose well-educated, they will do even better would cost $20 billion over 5 years for a problems to humans precisely because than that. brand new Federal program to compete of their high mercury content, and we In title I last year, we appropriated for the already precious Federal assist- must be sure of their safety before we $13.9 billion, but we have authorized $25 ance dollars for education. Currently force them on our public school chil- billion for title I. IDEA is not a part of these funds are focused on the cur- dren through this ill-conceived law. this bill in particular, but again, we’re riculum needs of States through our When mercury light bulbs break, not up to the statutory mandate of title I grants to provide assistance to let’s remember, extensive cleanup is that which is up to 40 percent of con- low-income and disadvantaged stu- needed. That’s what these regulations tribution by the Federal Government; dents, as well as funding for the Indi- show us. This is very highly selective and if we were to add the $6.4 billion to viduals With Disabilities Education and very detailed clean-up regulations. that, we would get very close to that Act, IDEA, for special education. What does this mean for school chil- number which would be $17.3 billion. Mr. Speaker, I can remember when I dren that could be exposed to light This is money that we should be was on the Education and Workforce bulbs of the broken mercury latent spending, and we can’t afford to for one Committee in the 108th Congress when light bulbs? On the EPA’s own Web site

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4931 are these eight pages of instructions Mr. LINCOLN DIAZ-BALART of We can do better than this. We about how to deal with a mercury spill, Florida. Mr. Speaker, it is my privilege should do better than this, but after a specifically including spills due to bro- to yield 3 minutes to the distinguished year-and-a-half under this iron-fisted ken mercury light bulbs. ranking member from California (Mr. majority, I know better than to expect Let me run you through just some of MCKEON). better. So much for the most open Congress the steps for cleaning up just one bro- b 1530 ken mercury light bulb. in history. I urge a ‘‘no’’ vote on the Before the clean-up ever begins, peo- Mr. MCKEON. I thank the gentleman rule. ple must leave the room for 15 minutes for yielding and I rise in opposition to Ms. SUTTON. I continue to reserve as the room airs out putting a halt to this rule. my time. Schools around the Nation are facing the learning that’s taking place in the Mr. LINCOLN DIAZ-BALART of an immediate funding shortfall, but classroom. The school then is told to Florida. Mr. Speaker, I yield 3 minutes it’s not a lack of funds for green facili- shut off their central air-conditioning to the distinguished gentleman from ties maintenance. Mr. Speaker, like system, or, in Minnesota’s case, central Georgia (Mr. PRICE). the rest of us, they’re struggling with heating system, and then they’re told Mr. PRICE of Georgia. I thank my gasoline prices. good friend from Florida for his leader- not to use a broom to sweep up the bro- For local school systems, energy rep- ken light bulb as they could come in ship on this issue and so many others. resents a significant share of their Mr. Speaker, I came to the floor contact with mercury at a later time. budget. They pay for the fuel to oper- today. I wanted to talk about the This should give Congress pause to ate the buses that drive children to and amendments that I had offered to this think about this next rule that says if from school. They pay to heat their bill that would have provided some ac- clothing comes in contact with a bro- schools in the winter and cool them in countability to the spending that’s in- ken light bulb and the mercury, it the summer. They pay for electricity corporated in this bill, but as we have must be disposed of immediately. to light their classrooms and power heard, those amendments weren’t made Imagine that. Children or teachers or their computers. And with the national in order. the janitorial staff would have to re- average for a gallon of regular gasoline So, in addition to the majority not move their clothing immediately, and reaching $3.98 today—now, that might wanting to have accountability for the we’re told that you are not allowed to have been at the start of debate. It bill that we’re talking about on school wash your clothes. That’s what the could be $3.99 or $4 now the way it’s construction, the first time Federal EPA rules say. You’re not allowed to going up. In California, it’s much high- moneys have been used for school con- wash your clothes. That won’t do the er than this already—these energy struction, no accountability, what I trick because mercury fragments in costs are consuming an increasing thought I would do then is address the the clothing might contaminate the share of overall school budgets. issue that we ought to be talking about washing machine and also pollute sew- For schools, rising energy costs don’t today. That’s the issue that we all age. stop with school buses and utilities. heard about last week when we went Let’s get this straight. Congress is The cost of fuel makes almost every- home. worried about harming sewage and yet thing more expensive, from books and When I went home, what did I hear we’re rushing to place these mercury supplies to the food that goes into from my constituents? I didn’t hear light bulbs in our classrooms next to school lunches. So, yes, our schools do about school construction. I heard our children. That step alone should be have an immediate need, and we ought about gas prices. And I heard that peo- a warning to the dangers of mercury- to be on the floor addressing that need ple are tired, sick and tired, and fed up laden light bulbs. today. We should be taking action on with inaction in Washington. They The SPEAKER pro tempore. The comprehensive energy legislation that want solutions. time of the gentlewoman has expired. will increase production, drive innova- Mr. Speaker, there are three ways to Mr. LINCOLN DIAZ-BALART of tion, and promote conservation. Unfor- address this issue. One is conservation, Florida. I yield the gentlewoman 1 ad- tunately, that’s not what we’re going and we all can do more. ditional minute. to do today. The second is to make certain that Mrs. BACHMANN. But the kicker of Instead, the House will consider a bill we put appropriate incentives in place them all is the disposal process. Imme- that fundamentally changes the Fed- for alternative fuels so that we can diately a person must place all of the eral role in education. I’m talking bridge to the next generation and clean-up materials in an outdoor trash about legislation that begins the proc- American genius can be unleashed. can or protected area for normal trash ess of Federalizing the building and This majority isn’t doing anything pickup. But make sure that you check maintenance of individual schools in about that. with your local government. communities across this Nation. Agree But the way that we bridge to the In Minnesota, my home State, it does or disagree with what this bill is trying next generation is to increase supply, not allow for normal trash disposal for to accomplish, no one can deny that and so I asked some folks on our side of mercury. Instead, they require that what’s being proposed is a significant, the aisle to get the information that broken and unbroken mercury bulbs be perhaps even monumental, shift in edu- said what has the majority party, what taken to a local recycling center. cation policy. have the Democrats, done in order to There are so many rules that are con- In keeping with the pattern estab- increase supply of American energy. tained on the EPA Web site that I lished by the majority, it is no surprise It won’t surprise you, Mr. Speaker, to don’t have time to address them all, then that this bill is being brought up know that 91 percent of the folks on but while these clean-up guidelines are with limited opportunity for debate our side of the aisle, 91 percent, sup- important and should be followed, the and amendment, after being rushed ported exploration in Alaska over the harm that just one broken light bulb through an abbreviated committee last 15 years; 86 percent on the other can have on a child, senior citizen, or process. side opposed it to increase supply. an animal is very real, which is why Of the 20 amendments submitted by Coal-to-liquid technology, 97 percent Congress should not embark on these Republicans, just four were made in on our side of the aisle supported in- fads. order. That’s one in five. creasing supply in coal-to-liquid tech- I hope none of us will have to respond Not surprisingly, members of the ma- nology; 78 percent on the other side op- to the news story of a girl or a boy or jority party fared a little better. Of the posed it. a senior citizen or an animal who is eight amendments they offered and did How about oil shale exploration? poisoned by a broken mercury-ladened not withdraw, fully half of them were Ninety percent on our side of the aisle light bulb. That would be horrible. made in order. Several others were support oil shale exploration increas- I speak today to alert this body and combined with amendments that were ing supply; 86 oppose it on the other the American people of this yet consid- accepted or added to the manager’s side. erable loss of liberty. amendment, making sure that in the Deep sea exploration, Mr. Speaker, 81 Ms. SUTTON. Mr. Speaker, I reserve end virtually all of their concerns are percent on our side support it; 83 per- my time. going to be addressed. cent on the other side oppose it.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4932 CONGRESSIONAL RECORD — HOUSE June 4, 2008 How about increasing refining capac- ‘‘With skyrocketing gas prices it is would help: Higher taxes and needless regu- ity? There hasn’t been a new refinery clear that the American people can no lation lead to less production of a com- built in this Nation in over 30 years. longer afford the Republican rubber modity. So by proposing ‘‘windfall’’ and Ninety-seven percent on this side of other taxes on energy companies plus tough stamp Congress and its failure to stand new rules, Congress makes our energy situa- the aisle support it; 96 percent on the up to Republican big oil and gas com- tion worse. majority side oppose increasing refin- pany cronies. Americans are paying These are just a few of Congress’ sins of ing capacity in vote after vote after $2.91 a gallon on average for regular omission—all while India, China, Eastern vote. gasoline, 33 cents higher than last Europe and the Middle East add more than a Mr. Speaker, my constituents and I month, and double the price than when million barrels of new demand each and know Americans across this Nation are President Bush first came into office.’’ every year. New Energy Department fore- sick and tired, sick and tired of a ma- Mr. Speaker, most Americans would casts see world oil demand growing 40% by 2030, including a 28% increase in the U.S. jority that’s keeping us dependent on be happy if they were paying $2.91 a Americans who are worried about the di- Middle Eastern oil. So I call on this gallon today. Yet here we are this week rection of their country, including runaway majority and I call on the Speaker to debating bills on green schools and energy and food prices, should keep in mind bring forward a positive bill that will watertrails network instead of working the upcoming election isn’t just about choos- increase conservation, increase incen- on legislation to reduce the price of ing a new president. We’ll also pick a new tives for alternative fuel, and make gasoline and increase supply. Now, the Congress. The current Congress, led on the House certain that we can use American re- price of gasoline is at $4 gallon now. sources, American energy for Ameri- side by a speaker who promised a ‘‘common Reinforcing the fact that the major- sense plan’’ to cut energy prices two years cans. ity has yet to confront that issue, just ago, has shown itself to be incompetent and Ms. SUTTON. Mr. Speaker, I want to over a month ago the newspaper Inves- irresponsible. It doesn’t deserve re-election. remind my colleagues who may be lis- tors Business Daily in an editorial said Today, I will be asking each of my tening to this debate that this rule and that this Congress ‘‘is possibly the colleagues to vote ‘‘no’’ on the previous this bill are about repairing and im- most irresponsible in modern history. question to this rule. If the previous proving our Nation’s schools. This is especially true when it comes I also want to remind the people at question is defeated, I will amend the to America’s dysfunctional energy pol- rule to make it in order for the House home that, of course, those who are icy.’’ railing now about the effects of energy to consider any amendment that would [From Investor’s Business Daily, Apr. 29, actually do something to reduce gas policy over the past 6 or so or 8 or 10 2008] years were in charge, most of that time prices for consumers, such as H.R. 5905, CONGRESS VS. YOU the CARS Act, which would give com- with a Republican President, and this We’ve said it before, but we’ll say it again: is what we get. muters a tax break on their com- This Congress is possibly the most irrespon- muting expenses and require the So this Congress, of course, is a new sible in modern history. This is especially majority, and we have taken bold steps true when it comes to America’s dysfunc- Speaker of the House to submit a plan to put incentives in place that will lead tional energy policy. to lower gas prices. to historic change and will turn the The media won’t call either the House or Mr. Speaker, I ask unanimous con- corner to renewable sources of energy the Senate on its failures, for one very obvi- sent to insert the text of the amend- in this country being developed. ous reason: They mostly share an ideology ment and extraneous materials imme- We have 30 million acres on which oil with the Democrats that keeps them from diately prior to the vote on the pre- drilling can take place right now, and understanding how free markets and supply vious question. and demand really work. Sad, but true. The SPEAKER pro tempore. Is there those are just sitting idle. Those on the So we were happy to hear the president do other side of the aisle don’t tell us the the job, calling out Congress for its inaction objection to the request of the gen- whole story when they’re talking about and ignorance in his wide-ranging press con- tleman from Florida? these issues. ference Tuesday. There was no objection. But I just want to repeat, I want to ‘‘Many Americans are understandably anx- Mr. LINCOLN DIAZ-BALART of remind my colleagues who may be lis- ious about issues affecting their pocketbook, Florida. I am so pleased that our col- tening to this debate, that this rule from gas and food prices to mortgage and league Dr. PRICE pointed out on issue tuition bills,’’ Bush said. ‘‘They’re looking to after issue, whether it’s ANWR explo- and this bill is about the very impor- their elected leaders in Congress for action. tant business of repairing and improv- ration or coal-to-liquid or oil shale ex- Unfortunately, on many of these issues, all ploration or refinery increased capac- ing our Nation’s schools. they’re getting is delay.’’ With that, I reserve my time. Best of all, Bush didn’t let the issue sit ity or on the issue of nuclear power. Mr. LINCOLN DIAZ-BALART of with just generalities. He reeled off a bill of There is a strong environmental move- Florida. Mr. Speaker, first it’s impor- particulars of congressional energy inaction, ment in France, but over 80 percent of tant to set the record straight. Ten including: their electricity is generated from nu- years ago, this Congress passed drilling Failing to allow drilling in ANWR. We clear power. Yet we haven’t built a nu- in the ANWR, and it faced a Presi- have, as Bush noted, estimated capacity of a clear power plant in this country in million barrels of oil a day from this source dential veto by then-President Clinton, alone—enough for 27 million gallons of gas over 30 years. and imagine if it hadn’t faced a veto and diesel. But Congress won’t touch it, fear- It’s time to face the issue of energy how much of a difference we would ful of the clout of the environmental lobby. independence in this country. have been able to make. As a result, you pay at the pump so your rep- Mr. Speaker, at this time, I would re- Now we’re seeing the consequences of resentative can raise campaign cash. serve the balance of my time. that, as Mr. PRICE of Georgia pointed Refusing to build new refineries. The U.S. Ms. SUTTON. Mr. Speaker, at this out. Effort after effort that we’ve en- hasn’t built one since 1976, yet sanctions at time, I yield 3 minutes to the distin- gaged in to try to increase the produc- least 15 unique ‘‘boutique’’ fuel blends guished gentleman from California tion of energy, the supply of energy has around the nation. So even the slightest (Mr. GEORGE MILLER). been opposed by the other side of the problem at a refinery causes enormous sup- Mr. GEORGE MILLER of California. ply problems and price spikes. Congress has Mr. Speaker, Members of the House, aisle and I think nowhere more dra- done nothing about this. matically than when we were able to Turning its back on nuclear power. It’s it’s interesting that my colleagues on pass legislation to have production in safe and, with advances in nuclear reprocess- the other side railed against this legis- Alaska, and it was vetoed by the last ing technology, waste problems have been lation in the name of energy. President, a Democratic President. minimized. Still, we have just 104 nuclear It doesn’t do a lot of good to pump So these things have to be put on the plants—the same as a decade ago—producing more energy into these schools, more record, Mr. Speaker, because now with just 19% of our total energy. (Many Euro- air conditioning into these schools, $4 gas the record counts, and the record pean nations produce 40% or more of their more heat into these schools when the is of interest to all Americans, and it power with nuclear.) Granted, nuclear power schools are such inefficient users of en- will be more and more of interest every plants are expensive—about $3 billion each. ergy. It makes no sense to pump more But they produce energy at $1.72/kilowatt- day. hour vs. $2.37 for coal and $6.35 for natural and more electricity into the schools, Mr. Speaker, back on April 24, 2006, gas. to use lighting that’s outdated, out- just over 2 years ago, now-Speaker Raising taxes on energy producers. This is moded, harmful to the learning of PELOSI issued the following statement: where a basic understanding of economics these children.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4933 The purpose of this legislation is to sufficient funds. We think the Federal Mr. CONAWAY. Reclaiming my time, take a major institution in our coun- Government ought to put its shoulder what I would have them do is take the try, our elementary secondary edu- to the wheel and help these school dis- responsibility themselves to make cation system, and have the Federal tricts conserve their energy. these very good decisions to create en- Government lend some support to local b 1545 ergy-efficient facilities. But it’s their efforts that are struggling now, trying job, not the Federal taxpayer’s job. Mr. LINCOLN DIAZ-BALART of to accelerate their programs to cut Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 2 minutes their energy costs in the running of Florida. Again, Mr. Speaker, we’re ask- to the distinguished gentleman from their schools. ing for a ‘‘no’’ vote on the previous Texas (Mr. CONAWAY). That’s what this bill allows us to do. Mr. CONAWAY. Mr. Speaker, I’m question to be able to address the en- It allows us to put in place as they ren- glad to speak against this rule and ergy issue. If we’re ever going to ad- ovate, as they repair, as they remodel against this bill in itself. dress it, it’s time to start doing so with these schools, trying to recover, as all First off, this is not a Federal respon- $4 a gallon gasoline. businesses are all across the country, sibility, this is a State and local re- Members can take a stand against as homeowners are all across the coun- sponsibility. And to the extent that we high fuel prices and insist that the en- try, to reduce their energy costs. It al- spend Federal taxpayer dollars, this ergy issue be addressed seriously by lows us to partner up with them and to isn’t the Federal Government doing voting ‘‘no’’ on the previous question. I provide some assistance in doing that. this, there is no such thing as the Fed- encourage a ‘‘no’’ vote on the previous It’s rather interesting that all they eral Government doing this; this is the question. can talk about on the other side is Federal taxpayer doing this. So you’ve Mr. Speaker, I yield back the balance somehow that they didn’t get to go to got taxpayers on one hand funding of my time. Alaska. If they’d gone to Alaska, it their local schools; you’ve got Federal Ms. SUTTON. Mr. Speaker, as we probably would have made a penny or 2 taxpayers funding those same local lead this country in the 21st century, cents or 3 cents a difference in a gallon schools. This is a wreck of bureaucratic we must work creatively to form poli- of gasoline today. nightmare. This should not happen. cies that address the intertwining na- But the fact of the matter is why We’re not fully funding IDEA, we’re ture of the challenges we face. would you go to Alaska and put it into not fully funding title I; this is just I’ve heard that this isn’t important cars that are getting 12 and 13 miles a something new. So it’s because it’s new legislation from the other side of the gallon? But you never went to the that we can get away with acting like aisle, and that is concerning to me be- question of efficiencies. You never this is something that’s good, and it’s cause safe and healthy schools are im- went to the question of better auto- not because we’re not fully funding portant. Environmentally sustainable what we should be. mobiles. schools are important. Creating 100,000 We did. The first time in 30 years, Electrical costs in our schools are jobs in this country is important. Act- this Congress improved the mileage very high, no doubt about it. And the ing to instill environmental steward- standard for automobiles. Just think if truth of the matter is we can’t con- ship in students and our youth is im- we had done it when George Bush said serve our way into lowering those elec- portant. he wanted it done. Today, it would tricity costs because electricity cost One out of five Americans attends have been an entire different industry. generation is going to continue to go school each day. A 2006 report con- But no, you listened to the oil indus- up. And as this majority continues to cluded that, despite significant State try and you listened to the automobile restrict the growth in clean coal burn- and local expenditures on school con- industry. Well, listen to them today as ing technology, as they continue to re- struction and renovation from 1996 to the chairman of General Motors has to strict the growth in nuclear power 2004, there continues to be millions of admit that they didn’t see it coming, plants, they’re going to continue to students in substandard and over- they didn’t see it was going to happen. drive electricity costs higher and high- crowded school conditions. This bill They laid off 20,000 workers. They shut er. will set our 60 million school children down four plants making SUVs and Now we all like wind, we all like on a path to a better education and a trucks. Why are we listening to those solar, but the truth of the matter is healthier future by providing a Federal people? growth in those alternatives cannot If we continue to listen to them, even keep up with the growth in the investment to help renovate, prepare, we’ll be the only people in the world demand for electricity. As schools and modernize thousands of public that are listening to them. They’ve begin to quit going to field trips, as schools. made one bad business decision, one they begin to quit going to football I urge a ‘‘yes’’ vote on the previous bad energy decision after another for games and quit going to things they’re question and on the rule. the last two decades, and it cost them already telling us they’re going to do Ms. MATSUI. Mr. Speaker, we are tasked almost 450,000 jobs to the workers. It because of gasoline costs and diesel with finding solutions that are innovative and cost them market share, it cost them costs being higher because of lack of multifaceted, to secure a better future for productivity, it cost them profit. Now supply, it’s our responsibility to ad- America. what are they doing? They’re trying to dress the broader issue of energy and Part of that responsibility is ensuring that play catch-up. not school buildings, which is a local young Americans have access to safe, con- Well, we don’t think the school dis- and State issue. structive environments to learn in. Mr. Speaker, I speak against this tricts in this country should play H.R. 3021 will help give our children and rule and against this bill. grandchildren the sound, healthy classrooms catch-up like General Motors. We Mr. GEORGE MILLER of California. they need and deserve. It is clear that our think the school districts in this coun- Will the gentleman yield? schools are aging and in need of repairs . . . try ought to have an opportunity to Mr. CONAWAY. I would be happy to make these facilities more efficient in yield. repairs that must be made to allow students to the use of the energy, more efficient in Mr. GEORGE MILLER of California. focus on learning and reaching their full poten- the conservation of energy so that they What would you prefer that they do, tial. can come into the modern age and they have the schools do nothing when they Not only will we be investing in future gen- can make the changes that all of the know that they have a waiver? Every erations of Americans, we will provide thou- studies indicate to us not only will business in America is investing in en- sands of much-needed, high-quality jobs. save them energy, not only will make ergy conservation. With the bill before us today, we are taking the facilities safer, cleaner and better Mr. CONAWAY. Reclaiming my time, steps that will help address so many of the for the learning environment that what I would have them do is take the challenges we face. these children need, it will also dra- local responsibility of making these de- The improvements made to schools will en- matically change the cost of running cisions on their own. courage green building techniques and help these school districts. Mr. GEORGE MILLER of California. reduce our greenhouse gas emissions. These It’s happening, but too many school This doesn’t take anything away from standards will save school districts money on districts in too many areas don’t have local responsibility. utilities for years to come.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4934 CONGRESSIONAL RECORD — HOUSE June 4, 2008 In my district, the Natomas Unified School vote on the previous question is simply a Dingell Levin Ruppersberger District, the state’s only ‘‘Climate Action Lead- vote on whether to proceed to an immediate Doggett Lipinski Ryan (OH) vote on adopting the resolution. . . . [and] Doyle Loebsack Salazar er,’’ recently received the Clean Air ‘‘Govern- Edwards Lofgren, Zoe has no substantive legislative or policy im- Sa´ nchez, Linda ment Award’’ for its dedication to air quality Ellison Lowey T. plications whatsoever.’’ But that is not what and energy-saving techniques. It is innovative Ellsworth Lynch Sanchez, Loretta they have always said. Listen to the defini- Emanuel Mahoney (FL) approaches like this that H.R. 3021 will en- Sarbanes tion of the previous question used in the Engel Maloney (NY) Schakowsky courage across the country. Floor Procedures Manual published by the Eshoo Markey Schiff I cannot help but think of my grandchildren, Rules Committee in the 109th Congress (page Etheridge Marshall Schwartz Anna and Robby; they are approaching school 56). Here’s how the Rules Committee de- Farr Matheson Scott (GA) Fattah Matsui Scott (VA) age, and I want them to be in a healthy envi- scribed the rule using information from Con- Foster McCarthy (NY) Serrano ronment that will enable them to reach their gressional Quarterly’s ‘‘American Congres- Frank (MA) McCollum (MN) Sestak sional Dictionary’’: ‘‘If the previous question Giffords McDermott full potential. Shea-Porter I ask my colleagues to support the Rule and is defeated, control of debate shifts to the Gonzalez McGovern leading opposition member (usually the mi- Gordon McIntyre Sherman final passage of H.R. 3021. Sires nority Floor Manager) who then manages an Green, Al McNerney The material previously referred to Skelton hour of debate and may offer a germane Green, Gene McNulty Grijalva Meek (FL) Slaughter by Mr. LINCOLN DIAZ-BALART of Florida amendment to the pending business.’’ is as follows: Gutierrez Meeks (NY) Smith (WA) Deschler’s Procedure in the U.S. House of Hall (NY) Melancon Snyder AMENDMENT TO H. RES. 1234 OFFERED BY MR. Representatives, the subchapter titled Hare Michaud Solis LINCOLN DIAZ-BALART OF FLORIDA ‘‘Amending Special Rules’’ states: ‘‘a refusal Harman Miller (NC) Space At the end of the resolution, add the fol- to order the previous question on such a rule Hastings (FL) Miller, George Speier lowing: [a special rule reported from the Committee Herseth Sandlin Mitchell Spratt SEC. 3. Notwithstanding any other provi- on Rules] opens the resolution to amend- Higgins Mollohan Stark Hinchey Moore (KS) Stupak sion of this resolution or the operation of the ment and further debate.’’ (Chapter 21, sec- previous question, it shall be in order to con- Hinojosa Moore (WI) Sutton tion 21.2) Section 21.3 continues: ‘‘Upon re- Hirono Moran (VA) sider any amendment to the bill which the Tanner jection of the motion for the previous ques- Hodes Murphy (CT) Tauscher proponent asserts, if enacted, would have the tion on a resolution reported from the Com- Holden Murphy, Patrick Taylor effect of lowering the national average price mittee on Rules, control shifts to the Mem- Holt Murtha Thompson (CA) per gallon of regular unleaded gasoline. Such ber leading the opposition to the previous Honda Nadler Thompson (MS) amendments shall be considered as read, question, who may offer a proper amendment Hooley Napolitano Tierney shall be debatable for thirty minutes equally Hoyer Neal (MA) Towns or motion and who controls the time for de- Inslee Oberstar divided and controlled by the proponent and Tsongas bate thereon.’’ Israel Obey an opponent, shall not be subject to amend- Udall (CO) Clearly, the vote on the previous question Jackson (IL) Olver Van Hollen ment, and shall not be subject to a demand on a rule does have substantive policy impli- Jefferson Ortiz Vela´ zquez for division of the question in the House or cations. It is one of the only available tools Johnson (GA) Pallone in the Committee of the Whole. All points of Johnson, E. B. Pascrell Visclosky for those who oppose the Democratic major- Walz (MN) order against such amendments are waived ity’s agenda and allows those with alter- Jones (OH) Pastor except those arising under clause 9 of rule Kagen Payne Wasserman native views the opportunity to offer an al- Schultz XXI. For purposes of compliance with clause Kanjorski Perlmutter ternative plan. Kaptur Peterson (MN) Waters 9(a)(3) of rule XXI, a statement submitted for Watson Ms. SUTTON. I yield back the bal- Kennedy Pomeroy printing in the Congressional Record by the Kildee Price (NC) Watt proponent of such amendment prior to its ance of my time, and I move the pre- Kilpatrick Rahall Waxman consideration shall have the same effect as a vious question on the resolution. Kind Rangel Weiner statement actually printed. The SPEAKER pro tempore. The Klein (FL) Reyes Welch (VT) Kucinich Richardson Wexler (The information contained herein was question is on ordering the previous Langevin Rodriguez Wilson (OH) provided by Democratic Minority on mul- question. Larsen (WA) Ross Woolsey tiple occasions throughout the 109th Con- The question was taken; and the Larson (CT) Rothman Wu gress.) Speaker pro tempore announced that Lee Roybal-Allard Yarmuth THE VOTE ON THE PREVIOUS QUESTION: WHAT the ayes appeared to have it. NAYS—196 IT REALLY MEANS Mr. LINCOLN DIAZ-BALART of Aderholt Culberson Herger This vote, the vote on whether to order the Florida. Mr. Speaker, on that I demand Akin Davis (KY) Hill previous question on a special rule, is not the yeas and nays. Alexander Davis, David Hobson merely a procedural vote. A vote against or- Bachmann Davis, Tom Hoekstra dering the previous question is a vote The yeas and nays were ordered. Bachus Deal (GA) Hulshof The SPEAKER pro tempore. Pursu- Barrett (SC) Dent Inglis (SC) against the Democratic majority agenda and Bartlett (MD) Diaz-Balart, L. Issa a vote to allow the opposition, at least for ant to clause 8 and clause 9 of rule XX, Barton (TX) Diaz-Balart, M. Johnson (IL) the moment, to offer an alternative plan. It this 15-minute vote on ordering the Biggert Donnelly Johnson, Sam is a vote about what the House should be de- previous question will be followed by 5- Bilbray Doolittle Jones (NC) bating. minute votes on adopting the resolu- Bilirakis Drake Jordan Bishop (UT) Dreier Keller Mr. Clarence Cannon’s Precedents of the tion, if ordered, and motions to sus- House of Representatives (VI, 308–311) de- Blackburn Duncan King (IA) scribes the vote on the previous question on pend the rules on H.R. 1343 and H.R. Blunt Ehlers King (NY) the rule as ‘‘a motion to direct or control the 5669. Boehner Emerson Kingston Bonner English (PA) Kirk consideration of the subject before the House The vote was taken by electronic de- Bono Mack Everett Kline (MN) being made by the Member in charge.’’ To vice, and there were—yeas 221, nays Boozman Fallin Knollenberg defeat the previous question is to give the 196, not voting 16, as follows: Boustany Feeney Kuhl (NY) opposition a chance to decide the subject be- Brady (TX) Ferguson LaHood [Roll No. 370] fore the House. Cannon cites the Speaker’s Broun (GA) Flake Lamborn ruling of January 13, 1920, to the effect that YEAS—221 Brown (SC) Forbes Lampson Brown-Waite, Fortenberry Latham ‘‘the refusal of the House to sustain the de- Abercrombie Boyd (FL) Cohen Ginny Fossella LaTourette Ackerman Boyda (KS) Conyers mand for the previous question passes the Buchanan Foxx Latta Allen Brady (PA) Cooper control of the resolution to the opposition’’ Burgess Franks (AZ) Lewis (CA) Altmire Braley (IA) Costa in order to offer an amendment. On March Burton (IN) Frelinghuysen Lewis (KY) Arcuri Brown, Corrine Costello 15, 1909, a member of the majority party of- Buyer Garrett (NJ) Linder Baird Butterfield Courtney fered a rule resolution. The House defeated Calvert Gerlach LoBiondo Baldwin Capps Cramer Camp (MI) Gilchrest Lucas the previous question and a member of the Barrow Capuano Crowley Campbell (CA) Gingrey Lungren, Daniel opposition rose to a parliamentary inquiry, Bean Carnahan Cuellar Cannon Gohmert E. asking who was entitled to recognition. Becerra Carney Cummings Cantor Goode Mack Berkley Carson Davis (AL) Speaker Joseph G. Cannon (R-Illinois) said: Capito Goodlatte Manzullo Berman Castor Davis (CA) ‘‘The previous question having been refused, Carter Granger Marchant Berry Cazayoux Davis (IL) the gentleman from New York, Mr. Fitz- Castle Graves McCarthy (CA) Bishop (GA) Chandler Davis, Lincoln gerald, who had asked the gentleman to Coble Hall (TX) McCaul (TX) Bishop (NY) Childers DeFazio Cole (OK) Hastings (WA) McCotter yield to him for an amendment, is entitled to Blumenauer Clarke DeGette Conaway Hayes McCrery the first recognition.’’ Boren Clay Delahunt Crenshaw Heller McHenry Because the vote today may look bad for Boswell Cleaver DeLauro Cubin Hensarling McHugh the Democratic majority they will say ‘‘the Boucher Clyburn Dicks

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4935 McKeon Ramstad Smith (TX) Gutierrez McCarthy (NY) Sanchez, Loretta Putnam Schmidt Tiberi McMorris Regula Souder Hall (NY) McCollum (MN) Sarbanes Radanovich Sensenbrenner Turner Rodgers Rehberg Stearns Hare McDermott Schakowsky Ramstad Sessions Upton Mica Reichert Sullivan Harman McGovern Schiff Regula Shadegg Walberg Miller (FL) Renzi Tancredo Hastings (FL) McIntyre Schwartz Rehberg Shays Walden (OR) Miller (MI) Reynolds Terry Herseth Sandlin McNerney Scott (GA) Reichert Shimkus Walsh (NY) Miller, Gary Rogers (AL) Thornberry Higgins McNulty Scott (VA) Renzi Shuster Wamp Moran (KS) Rogers (KY) Tiahrt Hinchey Meek (FL) Serrano Reynolds Simpson Weldon (FL) Murphy, Tim Rogers (MI) Rogers (AL) Smith (NE) Tiberi Hinojosa Meeks (NY) Sestak Weller Musgrave Rohrabacher Hirono Melancon Shea-Porter Rogers (KY) Smith (NJ) Turner Westmoreland Myrick Ros-Lehtinen Hodes Michaud Sherman Rogers (MI) Smith (TX) Upton Whitfield (KY) Neugebauer Roskam Holden Miller (NC) Sires Rohrabacher Souder Walberg Nunes Royce Holt Miller, George Skelton Ros-Lehtinen Stearns Wilson (SC) Paul Ryan (WI) Walden (OR) Honda Mitchell Slaughter Roskam Sullivan Wittman (VA) Pearce Sali Walsh (NY) Hooley Mollohan Smith (WA) Royce Tancredo Wolf Pence Scalise Wamp Hoyer Moore (KS) Snyder Ryan (WI) Terry Young (AK) Peterson (PA) Schmidt Weldon (FL) Inslee Moore (WI) Solis Sali Thornberry Young (FL) Petri Sensenbrenner Weller Israel Moran (VA) Space Scalise Tiahrt Pickering Sessions Westmoreland Jackson (IL) Murphy (CT) Speier Pitts Shadegg Whitfield (KY) Jefferson Murphy, Patrick Spratt NOT VOTING—17 Platts Shays Wilson (SC) Johnson (GA) Murtha Stark Andrews Gillibrand Pryce (OH) Poe Shimkus Wittman (VA) Johnson, E. B. Nadler Stupak Baca Gordon Rush Porter Shuster Wolf Jones (OH) Napolitano Sutton Cardoza Hunter Saxton Price (GA) Simpson Young (AK) Kagen Neal (MA) Tanner Chabot Jackson-Lee Shuler Putnam Smith (NE) Young (FL) Kanjorski Oberstar Tauscher Filner (TX) Udall (NM) Radanovich Smith (NJ) Kaptur Obey Taylor Gallegly Lewis (GA) Wilson (NM) Kennedy Olver Thompson (CA) NOT VOTING—16 Kildee Ortiz Thompson (MS) Andrews Gillibrand Rush Kilpatrick Pallone Tierney b 1622 Baca Hunter Saxton Kind Pascrell Towns So the resolution was agreed to. Cardoza Jackson-Lee Klein (FL) Pastor Tsongas Shuler The result of the vote was announced Chabot (TX) Udall (NM) Kucinich Payne Udall (CO) Filner Lewis (GA) Wilson (NM) Lampson Perlmutter Van Hollen as above recorded. Gallegly Pryce (OH) Langevin Peterson (MN) Vela´ zquez A motion to reconsider was laid on Larsen (WA) Pomeroy Visclosky the table. 1614 Larson (CT) Price (NC) Walz (MN) b Lee Rahall Wasserman Stated for: Mrs. SCHMIDT and Mr. PEARCE Levin Rangel Schultz Mr. FILNER. Mr. Speaker, on rollcall 371, I changed their vote from ‘‘yea’’ to Lipinski Reyes Waters Loebsack Richardson Watson was unable to vote because of pressing busi- ‘‘nay.’’ Lofgren, Zoe Rodriguez Watt ness with my constituents in my home district. So the previous question was ordered. Lowey Ross Waxman Had I been present, I would have voted ‘‘yea.’’ The result of the vote was announced Lynch Rothman Weiner Mahoney (FL) Roybal-Allard Welch (VT) f as above recorded. Maloney (NY) Ruppersberger Wexler Stated for: Markey Ryan (OH) Wilson (OH) Mr. FILNER. Mr. Speaker, on rollcall 370, I Marshall Salazar Woolsey MOMENT OF SILENCE IN REMEM- Matheson Sa´ nchez, Linda Wu BRANCE OF MEMBERS OF was unable to vote because of pressing busi- Matsui T. Yarmuth ness with my constituents in my home district. ARMED FORCES AND THEIR Had I been present, I would have voted ‘‘yea.’’ NAYS—193 FAMILIES The SPEAKER pro tempore (Mr. Aderholt Doolittle Kline (MN) The SPEAKER. The Chair would ask POMEROY). The question is on the reso- Akin Drake Knollenberg the House to observe a moment of si- lution. Alexander Dreier Kuhl (NY) Bachmann Duncan LaHood lence in remembrance of our brave men The question was taken; and the Bachus Ehlers Lamborn and women in uniform who have given Speaker pro tempore announced that Barrett (SC) Emerson Latham their lives in the service of our Nation the ayes appeared to have it. Bartlett (MD) English (PA) LaTourette in Iraq and Afghanistan, their families, Mr. LINCOLN DIAZ-BALART of Barton (TX) Everett Latta Biggert Fallin Lewis (CA) and all who serve in our Armed Forces. Florida. Mr. Speaker, on that I demand Bilbray Feeney Lewis (KY) the yeas and nays. Bilirakis Ferguson Linder f The yeas and nays were ordered. Bishop (UT) Flake LoBiondo Blackburn Forbes Lucas The SPEAKER pro tempore. This is a Blunt Fortenberry Lungren, Daniel ANNOUNCEMENT BY THE SPEAKER 5-minute vote. Boehner Fossella E. PRO TEMPORE The vote was taken by electronic de- Bonner Foxx Mack The SPEAKER pro tempore (Mr. vice, and there were—yeas 223, nays Bono Mack Franks (AZ) Manzullo Boozman Frelinghuysen Marchant POMEROY). Without objection, 5-minute 193, not voting 17, as follows: Boustany Garrett (NJ) McCarthy (CA) voting will continue. [Roll No. 371] Brady (TX) Gerlach McCaul (TX) Broun (GA) Gilchrest McCotter There was no objection. YEAS—223 Brown (SC) Gingrey McCrery Abercrombie Capuano Davis, Tom Brown-Waite, Gohmert McHenry f Ackerman Carnahan DeFazio Ginny Goode McHugh Allen Carney DeGette Buchanan Goodlatte McKeon Altmire Carson Delahunt Burgess Granger McMorris HEALTH CENTERS RENEWAL ACT Arcuri Castor DeLauro Burton (IN) Graves Rodgers OF 2008 Baird Cazayoux Dicks Buyer Hall (TX) Mica Baldwin Chandler Dingell Calvert Hastings (WA) Miller (FL) The SPEAKER pro tempore. The un- Barrow Childers Doggett Camp (MI) Hayes Miller (MI) finished business is the vote on the mo- Bean Clarke Donnelly Campbell (CA) Heller Miller, Gary tion to suspend the rules and pass the Becerra Clay Doyle Cannon Hensarling Moran (KS) Berkley Cleaver Edwards Cantor Herger Murphy, Tim bill, H.R. 1343, as amended, on which Berman Clyburn Ellison Capito Hill Musgrave the yeas and nays were ordered. Berry Cohen Ellsworth Carter Hobson Myrick The Clerk read the title of the bill. Bishop (GA) Conyers Emanuel Castle Hoekstra Neugebauer The SPEAKER pro tempore. The Bishop (NY) Cooper Engel Coble Hulshof Nunes Blumenauer Costa Eshoo Cole (OK) Inglis (SC) Paul question is on the motion offered by Boren Costello Etheridge Conaway Issa Pearce the gentleman from Texas (Mr. GENE Boswell Courtney Farr Crenshaw Johnson (IL) Pence GREEN) that the House suspend the Boucher Cramer Fattah Cubin Johnson, Sam Peterson (PA) Boyd (FL) Crowley Foster Culberson Jones (NC) Petri rules and pass the bill, H.R. 1343, as Boyda (KS) Cuellar Frank (MA) Davis (KY) Jordan Pickering amended. Brady (PA) Cummings Giffords Davis, David Keller Pitts This is a 5-minute vote. Braley (IA) Davis (AL) Gonzalez Deal (GA) King (IA) Platts The vote was taken by electronic de- Brown, Corrine Davis (CA) Green, Al Dent King (NY) Poe Butterfield Davis (IL) Green, Gene Diaz-Balart, L. Kingston Porter vice, and there were—yeas 393, nays 24, Capps Davis, Lincoln Grijalva Diaz-Balart, M. Kirk Price (GA) not voting 16, as follows:

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4936 CONGRESSIONAL RECORD — HOUSE June 4, 2008 [Roll No. 372] Porter Scott (GA) Tiberi the gentleman from Texas (Mr. GENE Price (GA) Scott (VA) Tierney GREEN) that the House suspend the YEAS—393 Price (NC) Serrano Towns Putnam Sessions rules and pass the bill, H.R. 5669. Abercrombie DeLauro King (NY) Tsongas Rahall Sestak Ackerman Dent Kingston Turner This will be a 5-minute vote. Ramstad Shadegg Aderholt Diaz-Balart, L. Kirk Udall (CO) The vote was taken by electronic de- Rangel Shays Akin Diaz-Balart, M. Klein (FL) Upton Regula Shea-Porter vice, and there were—yeas 405, nays 10, Alexander Dicks Kline (MN) Van Hollen Rehberg Sherman ´ not voting 18, as follows: Allen Dingell Knollenberg Velazquez Reichert Shimkus Visclosky [Roll No. 373] Altmire Doggett Kucinich Renzi Shuster Arcuri Donnelly Kuhl (NY) Walberg YEAS—405 Reyes Simpson Walden (OR) Bachmann Doolittle LaHood Reynolds Sires Bachus Doyle Lampson Walsh (NY) Abercrombie Cummings Hoyer Richardson Skelton Walz (MN) Ackerman Davis (AL) Hulshof Baird Drake Langevin Rodriguez Slaughter Wamp Aderholt Davis (CA) Inglis (SC) Baldwin Dreier Larsen (WA) Rogers (AL) Smith (NE) Wasserman Akin Davis (IL) Inslee Barrow Edwards Larson (CT) Rogers (KY) Smith (NJ) Barton (TX) Ehlers Latham Schultz Alexander Davis (KY) Israel Rogers (MI) Smith (TX) Allen Davis, David Bean Ellison LaTourette Waters Issa Ros-Lehtinen Smith (WA) Altmire Davis, Lincoln Becerra Ellsworth Latta Watson Jackson (IL) Roskam Snyder Arcuri Davis, Tom Berkley Emanuel Lee Watt Jefferson Ross Solis Bachmann Deal (GA) Berman Emerson Levin Waxman Johnson (GA) Rothman Souder Bachus DeFazio Berry Engel Lewis (CA) Weiner Johnson (IL) Roybal-Allard Space Baird DeGette Biggert English (PA) Lewis (KY) Welch (VT) Johnson, E. B. Ruppersberger Speier Baldwin Delahunt Bilbray Eshoo Linder Weller Johnson, Sam Ryan (OH) Spratt Barrett (SC) DeLauro Bilirakis Etheridge Lipinski Westmoreland Jones (NC) Ryan (WI) Stark Barrow Dent Jones (OH) Bishop (GA) Everett LoBiondo Wexler Salazar Stupak Bartlett (MD) Diaz-Balart, L. Jordan Bishop (NY) Fallin Loebsack Whitfield (KY) Sali Sullivan Barton (TX) Diaz-Balart, M. Kagen Bishop (UT) Farr Lofgren, Zoe Wilson (OH) Sa´ nchez, Linda Sutton Bean Dicks Kanjorski Blackburn Fattah Lowey Wilson (SC) T. Tanner Becerra Dingell Kaptur Blumenauer Feeney Lucas Wittman (VA) Sanchez, Loretta Tauscher Berkley Doggett Blunt Ferguson Lungren, Daniel Keller Sarbanes Taylor Wolf Berman Donnelly Boehner Forbes E. Kennedy Scalise Terry Woolsey Berry Doolittle Bonner Fortenberry Lynch Kildee Schakowsky Thompson (CA) Wu Biggert Doyle Bono Mack Fossella Mack Kilpatrick Schiff Thompson (MS) Yarmuth Bilbray Drake Boozman Foster Mahoney (FL) Kind Schmidt Thornberry Young (AK) Bilirakis Dreier Boren Foxx Maloney (NY) King (IA) Schwartz Tiahrt Young (FL) Bishop (GA) Edwards Boswell Frank (MA) Manzullo King (NY) Bishop (NY) Ehlers Boucher Frelinghuysen Markey NAYS—24 Kirk Bishop (UT) Ellison Boustany Garrett (NJ) Marshall Klein (FL) Barrett (SC) Hensarling Pence Blackburn Ellsworth Boyd (FL) Gerlach Matheson Kline (MN) Bartlett (MD) Jordan Radanovich Blumenauer Emanuel Boyda (KS) Giffords Matsui Knollenberg Broun (GA) Lamborn Rohrabacher Blunt Emerson Brady (PA) Gilchrest McCarthy (CA) Kucinich Burton (IN) Marchant Royce Boehner Engel Brady (TX) Gingrey McCarthy (NY) Kuhl (NY) Campbell (CA) McHenry Sensenbrenner Bonner English (PA) Braley (IA) Gohmert McCaul (TX) LaHood Duncan Miller (FL) Stearns Bono Mack Eshoo Brown (SC) Gonzalez McCollum (MN) Lamborn Flake Miller, Gary Tancredo Boozman Etheridge Brown, Corrine Goode McCotter Lampson Franks (AZ) Paul Weldon (FL) Boren Everett Brown-Waite, Goodlatte McCrery Langevin Boswell Fallin Ginny Gordon McDermott NOT VOTING—16 Larsen (WA) Boucher Farr Buchanan Granger McGovern Larson (CT) Andrews Gillibrand Rush Boustany Fattah Burgess Graves McHugh Latham Baca Hunter Saxton Boyd (FL) Feeney Butterfield Green, Al McIntyre LaTourette Cardoza Jackson-Lee Shuler Boyda (KS) Ferguson Buyer Green, Gene McKeon Latta Chabot (TX) Udall (NM) Brady (PA) Forbes Calvert Grijalva McMorris Lee Filner Lewis (GA) Wilson (NM) Brady (TX) Fortenberry Camp (MI) Gutierrez Rodgers Levin Gallegly Pryce (OH) Braley (IA) Fossella Cannon Hall (NY) McNerney Lewis (CA) Brown (SC) Foster Cantor Hall (TX) McNulty Lewis (KY) b 1634 Brown, Corrine Foxx Capito Hare Meek (FL) Linder Brown-Waite, Frank (MA) Capps Harman Meeks (NY) Mr. BURTON of Indiana changed his Lipinski Ginny Franks (AZ) Capuano Hastings (FL) Melancon vote from ‘‘yea’’ to ‘‘nay.’’ LoBiondo Buchanan Frelinghuysen Carnahan Hastings (WA) Mica Loebsack So (two-thirds being in the affirma- Burgess Garrett (NJ) Carney Hayes Michaud Lofgren, Zoe tive) the rules were suspended and the Burton (IN) Gerlach Carson Heller Miller (MI) Lowey Butterfield Giffords Carter Herger Miller (NC) bill, as amended, was passed. Lucas Buyer Gilchrest Castle Herseth Sandlin Miller, George The result of the vote was announced Lungren, Daniel Calvert Gingrey Castor Higgins Mitchell E. as above recorded. Camp (MI) Gohmert Cazayoux Hill Mollohan Lynch The title was amended so as to read: Cannon Gonzalez Chandler Hinchey Moore (KS) Mack Cantor Goode Childers Hinojosa Moore (WI) ‘‘A bill to amend the Public Health Mahoney (FL) Capito Goodlatte Clarke Hirono Moran (KS) Service Act to provide additional au- Maloney (NY) Capps Gordon Clay Hobson Moran (VA) Manzullo thorizations of appropriations for the Capuano Granger Cleaver Hodes Murphy (CT) Marchant health centers program under section Carnahan Graves Clyburn Hoekstra Murphy, Patrick Markey Carney Green, Al Coble Holden Murphy, Tim 330 of such Act, and for other pur- Marshall Carson Green, Gene Cohen Holt Murtha poses.’’. Matheson Carter Grijalva Cole (OK) Honda Musgrave Matsui A motion to reconsider was laid on Castle Gutierrez Conaway Hooley Myrick McCarthy (CA) Castor Hall (NY) Conyers Hoyer Nadler the table. McCarthy (NY) Cazayoux Hall (TX) Cooper Hulshof Napolitano Stated for: McCaul (TX) Chandler Hare Costa Inglis (SC) Neal (MA) Mr. FILNER. Mr. Speaker, on rollcall 372, I McCollum (MN) Childers Harman Costello Inslee Neugebauer McCotter was unable to vote because of pressing busi- Clarke Hastings (FL) Courtney Israel Nunes McCrery Clay Hastings (WA) Cramer Issa Oberstar ness with my constituents in my home district. McDermott Cleaver Hayes Crenshaw Jackson (IL) Obey Had I been present, I would have voted ‘‘yea.’’ McGovern Clyburn Heller Crowley Jefferson Olver McHenry f Coble Hensarling Cubin Johnson (GA) Ortiz McHugh Cohen Herger Cuellar Johnson (IL) Pallone POISON CENTER SUPPORT, EN- McIntyre Cole (OK) Herseth Sandlin Culberson Johnson, E. B. Pascrell McKeon HANCEMENT, AND AWARENESS Conaway Higgins Cummings Johnson, Sam Pastor McMorris Conyers Hill Davis (AL) Jones (NC) Payne ACT OF 2008 Rodgers Cooper Hinchey Davis (CA) Jones (OH) Pearce McNerney The SPEAKER pro tempore. The un- Costa Hinojosa Davis (IL) Kagen Perlmutter McNulty finished business is the vote on the mo- Costello Hirono Davis (KY) Kanjorski Peterson (MN) Meek (FL) Courtney Hobson Davis, David Kaptur Peterson (PA) tion to suspend the rules and pass the Melancon Cramer Hodes Davis, Lincoln Keller Petri bill, H.R. 5669, on which the yeas and Mica Crenshaw Hoekstra Davis, Tom Kennedy Pickering Michaud nays were ordered. Crowley Holden Deal (GA) Kildee Pitts Miller (FL) The Clerk read the title of the bill. Cubin Holt DeFazio Kilpatrick Platts Miller (MI) Cuellar Honda DeGette Kind Poe The SPEAKER pro tempore. The Miller (NC) Culberson Hooley Delahunt King (IA) Pomeroy question is on the motion offered by Miller, Gary

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4937 Miller, George Rodriguez Stearns The SPEAKER pro tempore. Is there erally crumbling. In 2000, The National Mitchell Rogers (AL) Stupak objection to the request of the gen- Center of Education Statistics said it Mollohan Rogers (KY) Sullivan Moore (KS) Rogers (MI) Sutton tleman from California? would take $127 billion to bring schools Moore (WI) Rohrabacher Tanner There was no objection. into good condition, including that 75 Moran (KS) Ros-Lehtinen Tauscher percent of the schools were in various Moran (VA) Roskam f Taylor stages of disrepair. The American Soci- Murphy (CT) Ross Terry 21ST CENTURY GREEN HIGH-PER- Murphy, Patrick Rothman ety of Civil Engineers gave U.S. schools Thompson (CA) FORMING PUBLIC SCHOOL FA- Murphy, Tim Roybal-Allard Thompson (MS) a D for national infrastructure report Murtha Royce Thornberry CILITIES ACT Musgrave Ruppersberger card. Just last month, the 21st Century Tiahrt The SPEAKER pro tempore. Pursu- School Fund called for a $140 billion Myrick Ryan (OH) Tiberi Nadler Ryan (WI) Tierney ant to House Resolution 1234 and rule Federal investment in school facilities Napolitano Salazar Towns XVIII, the Chair declares the House in to bring all school districts up to the Neal (MA) Sali Tsongas the Committee of the Whole House on Neugebauer Sa´ nchez, Linda level of the highest income districts Turner Nunes T. the State of the Union for the consider- followed by ongoing annual Federal in- Udall (CO) Oberstar Sanchez, Loretta Upton ation of the bill, H.R. 3021. vestment. Obey Sarbanes Van Hollen The fact of the matter is that those Olver Scalise b 1645 ´ Ortiz Schakowsky Velazquez children who have the most difficult IN THE COMMITTEE OF THE WHOLE Pallone Schiff Visclosky time receiving an education are receiv- Walberg Pascrell Schmidt Accordingly, the House resolved ing that education in some of the worst Pastor Schwartz Walden (OR) itself into the Committee of the Whole Payne Scott (GA) Walsh (NY) schools in this Nation. This is an effort Pearce Scott (VA) Walz (MN) House on the State of the Union for the for us simply to partner with local Perlmutter Serrano Wamp consideration of the bill (H.R. 3021) to school districts on a formula basis so Peterson (MN) Sessions Wasserman direct the Secretary of Education to Schultz that they can then carry out their Peterson (PA) Sestak make grants and low-interest loans to Petri Shays Waters plans to renovate, to repair, to remodel Pickering Shea-Porter Watson local educational agencies for the con- existing schools so that they can save Pitts Sherman Watt struction, modernization, or repair of energy, they can provide better light- Platts Shimkus Waxman public kindergarten, elementary, and Pomeroy Shuster Weiner ing and a better atmosphere for the Porter Simpson Welch (VT) secondary educational facilities, and schools to learn. Price (GA) Sires Weldon (FL) for other purposes, with Ms. BORDALLO Madam Chairman, I reserve the bal- Price (NC) Skelton Weller in the chair. ance of my time. Putnam Slaughter Westmoreland The Clerk read the title of the bill. C Radanovich Smith (NE) Wexler Mr. M KEON. Madam Chairman, I Rahall Smith (NJ) Whitfield (KY) The CHAIRMAN. Pursuant to the stand in opposition to H.R. 3021, and I Ramstad Smith (TX) Wilson (OH) rule, the bill is considered read the yield myself such time as I may con- Rangel Smith (WA) Wilson (SC) first time. sume. Regula Snyder Wittman (VA) The gentleman from California (Mr. Rehberg Solis Wolf The name of this bill is a mouthful Reichert Souder Woolsey GEORGE MILLER) and the gentleman but seems harmless enough, the 21st Renzi Space Wu from California (Mr. MCKEON) each will Century Green High-Performing Public Reyes Speier Yarmuth control 30 minutes. School Facilities Act. It sounds like a Reynolds Spratt Young (AK) Richardson Stark Young (FL) The Chair recognizes the gentleman program to ensure good schools, safe from California (Mr. GEORGE MILLER). schools, environmentally friendly NAYS—10 Mr. GEORGE MILLER of California. schools. It sounds pretty good to me. It Broun (GA) Paul Shadegg Madam Chairman, I yield myself 2 min- is when we look a little closer that the Duncan Pence Tancredo Flake Poe utes. real goal becomes clear. This is a bill Kingston Sensenbrenner I rise in very strong support of H.R. that puts us on a path toward Federal- 3021, the 21st Century Green High-Per- NOT VOTING—18 izing the building and maintenance of forming Public Schools Facility Act, our Nation’s schools. It is about feed- Andrews Gillibrand Rush Baca Hunter Saxton legislation that would invest in mod- ing bigger government and giving Campbell (CA) Jackson-Lee Shuler ernizing public schools across the coun- Washington more control over what Cardoza (TX) Udall (NM) try. happens in States and local commu- Chabot Lewis (GA) Wilson (NM) This legislation is an example of how Filner Meeks (NY) nities. We are talking about an esti- Gallegly Pryce (OH) well-crafted public policy can address a mated $20 billion over the next 5 years number of key challenges all at the handed out to States and schools so 1644 b same time. This bill has something in that we can exercise control over how Mr. POE changed his vote from it for improving the education of our they build their schools. ‘‘yea’’ to ‘‘nay.’’ children, improving our economy, and Maybe a school has a leaky roof. The Mr. PUTNAM changed his vote from improving the environment. Federal Government is happy to pay to ‘‘nay’’ to ‘‘yea.’’ First, this legislation will help im- get it fixed; but instead of spending So (two-thirds being in the affirma- prove student achievement by pro- $1,000 on a repair, we tell the school it tive) the rules were suspended and the viding more children and teachers with has to spend $100,000 on a new roof that bill was passed. a modern, safe, healthy, clean, place meets our hand-picked environmental The result of the vote was announced for learning. Second, this legislation standards. And Big Brother doesn’t as above recorded. will give a boost to our economy by in- stop there. We also link this funding to A motion to reconsider was laid on jecting demand into a faltering U.S. the Depression-era Davis-Bacon Act, the table. construction industry. And, third, this meaning that construction projects Mr. FILNER. Mr. Speaker, on rollcall legislation will make our schools part under this bill must pay so-called pre- 373, I was unable to vote because of of the solution to the global warming vailing wages. The problem is, pre- pressing business with my constituents crisis by encouraging more energy effi- vailing wage calculations are critically in my home district. Had I been ciency as well as the use of renewable and fundamentally flawed. Sometimes present, I would have voted ‘‘yea.’’ energy resources. they are higher than market rates and f Any one of these three reasons alone other times they are lower. would be enough to support this bill; Take plumbers, for instance. I have a GENERAL LEAVE but when you put all three of them to- chart here that shows in a sampling of Mr. GEORGE MILLER of California. gether, this is a clear win for our chil- cities plumbers paid Davis-Bacon Mr. Speaker, I ask unanimous consent dren, for our communities, for workers, wages could be paid anywhere from 70 that Members may have 5 legislative and for our planet. percent below the market rate to 77 days in which to revise and extend and For children and teachers, unfortu- percent above the market rate. Davis- insert extraneous material on H.R. nately, the reality is that in too many Bacon requirements drive up the cost 3021. of our communities the schools are lit- of Federal projects by 10, 15, 20 percent,

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4938 CONGRESSIONAL RECORD — HOUSE June 4, 2008 and sometimes more. These are costs construction and modernization. It is a while encouraging energy efficiency that get passed on to the taxpayers. need that is best handled at the State and creating jobs for Americans that Moreover, these requirements force and local level where they can be re- cannot be shipped overseas. Today, I private companies to do hundreds of sponsive to each community’s unique urge you, Democrats and Republicans millions of dollars of excess adminis- needs. The Federal role in education alike, make this important investment trative work each year. has been limited to target interven- in our schools, in our children, and in So already we are talking about a tions that help provide a more level our future. new $20 billion program to fund an inef- playing field for children who might Mr. MCKEON. Madam Chairman, I ficient construction mandate that al- otherwise be left behind. That is where am privileged now to yield to the gen- lows bureaucrats here in Washington our focus should remain. tleman from Delaware (Mr. CASTLE), to tell our neighborhoods and small I reserve the balance of my time. the ranking member on the sub- towns and big cities exactly how their Mr. GEORGE MILLER of California. committee over K–12 education, 3 min- school buildings should be built, from Madam Chairman, I yield myself 30 utes. the materials they use to the contrac- seconds to say that it is interesting Mr. CASTLE. I thank the distin- tors they hire. that again they talk about the in- guished gentleman from California for Madam Chairman, I would like to creased energy costs for schools. And yielding. Let me try to put this in per- know where that $20 billion is going to at the same time that we are consid- spective. come from. When we were in the major- ering legislation which is designed to We are talking about Federal dollars ity, we heard no end to the complaints lower those energy costs for schools, here. We have never at the Federal from the other side of the aisle that we they are arguing against the passage of Government level funded school con- were underfunding No Child Left Be- this legislation. struction. Perhaps in emergency situa- hind and the Individuals With Disabil- This is a modest effort by the Federal tions, but other than that, we have not. ities Education Act. I am proud of our Government to help these schools get b 1700 record of strong support for these pro- on with the refurbishing, the repair, grams, but it is true that they are not and the renovation of these schools so We do have certain responsibilities funded at their authorized level. It was that they will lower their energy costs, that we do need to fund, and one of true when Democrats were in the ma- whether it is heating or air condi- those is clearly under the No Child Left jority up until 1995, it was true when tioning, so that they can then put that Behind. The Elementary and Sec- we were in the majority even though money back into the educational pro- ondary Education Act is title I. The we doubled the payments there, and it gram. ranking member from California has is still true today with Democrats back Madam Chairman, I yield 2 minutes already pointed this out. at the helm. The reality is that neither to the gentleman from Kentucky (Mr. But the bottom line is that when you party has funded these programs at CHANDLER), the author of this legisla- look at the funding which we have their authorized maximum. tion who understands the importance here, which fundamentally is $6.4 bil- If we have $20 billion to spend on our of this contribution to the education of lion in title I. There’s another $100 mil- schools, shouldn’t we invest that in our children at the local level. lion in title II of this legislation. But if keeping the promises we have already Mr. CHANDLER. Madam Chairman, I you take that $6.4 billion and you add made? We are looking at $6.4 billion au- am very proud to be here today to in- it to title I, you get very close to that thorized for this program next year troduce the 21st Century Green High- amount of money that we have already alone. Do you know what that could do Performing Public School Facilities authorized in our committee under the for title I or IDEA? We could increase Act, authorizing almost $7 billion for jurisdiction of all of us involved with special education funding by almost 60 our struggling schools. this committee. percent in 1 year. We could bring title I would like to express my sincere ap- I think we clearly recognize the im- I funding to more than $20 billion. preciation to our cosponsors on this portance of title I. It brings in the I don’t know whether we have the bill, in particular Mr. KILDEE and Mr. teachers, it brings in the help. It brings money to spend on this program; in LOEBSACK, but especially Chairman in the people who are going to help our fact, I think we probably don’t. But if MILLER who has done an incredible job children in schools which are most in we have it, we have a duty to spend it as chairman of the Education and need of money. And we would get at on programs that help improve aca- Labor Committee and I very much ap- least a lot closer to the $25 billion. demic achievement for disadvantaged preciate what the gentleman from Cali- Right now we only have $13.9 billion children. fornia has done on this bill. appropriated. I also think it is ironic that we are Where children learn has a large im- And then you look at IDEA. Every- here today proposing a program to pact on what they learn, and the evi- body here, Republicans and Democrats build more schools when districts dence is undeniable. The U.S. Depart- alike have fought hard in recent years around the country are struggling just ment of Education tells us that mod- to increase IDEA to help our children to pay for the fuel it takes to transport ern, functional school facilities are with disabilities, the Individual Dis- children and operate, heat, and cool truly important for effective student abilities Education Act, and with that the schools we already have. Like the learning. Consequently, it is unaccept- extra $6.4 billion, as this chart shows, rest of the country, our schools are able that some of our children spend IDEA could be funded at $7.3 billion, being squeezed by the high price of gas- their days in buildings with faulty wir- getting very close to the 40 percent re- oline. Rising fuel prices are taking a ing, leaking roofs, lead paint, and as- quirement in the statute with respect real toll on our Nation’s schools, just bestos. to where we should be with helping as on our Nation’s families and individ- In 1995, the GAO found that schools those children with disabilities. uals. were in desperate need of repairs total- My concern is, where are we spending Beyond diesel fuel and heating oil, ing $112 billion. Over a decade later, our Federal money? schools are faced with higher supply the need is even greater. Each day we My other concern is, and I hope my costs, fewer field trips, and costlier are competing on a global stage and friends in the Blue Dogs are listening school lunches. First it was community not always winning that competition, to all of this, but my other concern is colleges forced to move to a 4-day and investing in the education of our we are opening a door here. We are school week; now, even K–12 school sys- children at home is the key to staying opening a door which is very large, and tems are reducing the number of school in the game. We are spending hundreds we’re opening it somewhat wide. You days because of the pain at the pump. of billions of dollars in Iraq. Surely, haven’t even begun to see where we’re Unfortunately, that is a problem for surely we can invest less than $7 billion going to go. The $6.4 billion for fiscal which the Democrats are offering no in the future of our children and the fu- year 2009 is followed by whatever sums answers. ture of our country. thereafter, that’s going to go up dra- Madam Chairman, this is a bad pro- This bill is a home run. It will give matically very, very quickly, in my gram created based on a flawed much needed money to our schools judgment. And when all of the local en- premise. Yes, there is a need for school struggling with huge budget deficits, tities realize that perhaps they can

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4939 come to the Federal Government and local educators told me that jail was in their buildings are all coming together get money, maybe they’ll try to whit- better shape than some of the schools at the same time, would not get money tle down the title III of this so they where they work so hard every day on from this formula. don’t have to worry about the green as- behalf of their students. By providing Indeed, the districts that get money pect of it quite as much, and they’re the resources to ensure that situation from this formula are the ones in the going to go for more money. That’s never happens again, this bill would State of Utah that do not have the con- going to be the key to it and you’re send children the message that we struction needs. And that’s a simple going to see huge increases. I think the truly value every one of them. problem with this bill. 6.4 is merely a beginning. And all this I urge my colleagues to support this If we had gone along with what Con- is going to, in my judgment, take away legislation. gressman CHANDLER had originally es- from whatever money is needed for Mr. MCKEON. I yield now to the gen- tablished and tried to establish a cri- education. tleman from Utah, a member of the teria of where this money would go, Yes, we can argue that the money committee, Mr. BISHOP, 3 minutes. there would be some logic to it. There could come from war or this or what- Mr. BISHOP of Utah. When this bill is no logic. We are simply throwing ever it may be. It’s not that simple. was originally introduced by the gen- money at a target that is constantly on The bottom line is that people are tleman from Kentucky, it would have the move. going to look at education, and I’m required the Department of Energy to Satchel Paige used to talk to young afraid they’re going to say, we’re put- conduct a study of needs nationwide pitchers and say, ‘‘Just throw strikes. ting it in construction, therefore we and then provided grants to meet those Home plate don’t move.’’ can’t put it in title I, we can’t put it in needs. Well, in this particular bill, we can’t IDEA, and I think that would be a mis- This doesn’t quite do it. There have throw strikes because not only is home take. been no studies. NCE did one about 8 plate moving, it doesn’t even exist. I believe that this bill is well-in- years ago which talked on a regional And that is a key problem with what tended, and I agree with everything basis but not anything more specific. we are trying to accomplish in this. that’s being said on the other side Another study was done about 3 years The CHAIRMAN. The time of the about the good it can do as far as ago, and instead of trying to identify gentleman has expired. schools are concerned. But I have a construction needs, this bill tracks Mr. MCKEON. I yield the gentleman 1 strong disagreement with where the money based on title I spending, which additional minute. Federal Government should be in this. simply asks the question, is there a Mr. BISHOP of Utah. I have one I think it should be a local and State connection between construction needs other issue as well. We have talked, issue in terms of construction, and we and the distribution formula in this both in committee, the Rules Com- need to fund those things that we have particular bill? If not, and this bill es- mittee and I’m going to bring it up agreed to fund. We need to fund title I. capes, we will be coming back repeat- here on the floor, of the issue of char- We need to fund IDEA. We do not need edly with ideas that we need to tweak ter schools. The committee has stated to open up a whole new source of fund- this or that in the effort to create some as their policy they wish to have char- ing that we simply cannot afford at kind of fairness for the future. ter schools treated fairly in this par- this time. At the committee I raised the ques- ticular bill. So I would encourage defeat of the tion, because my State has an equali- If a charter school is, of itself, a local legislation and, hopefully, we can zation formula, not just for mainte- education agency, the language in this make sure that we’re funding programs nance and operation which is pro- bill covers charter schools and they we should be funding in education. grammed, but also for capital outlay. will be treated fairly. Unfortunately, if Mr. GEORGE MILLER of California. And I asked how this bill would impact a charter school is part of a different Madam Chairman, I am pleased to my State and I was told we would find local education agency it does not yield 2 minutes to the gentleman from that out; get back with you. That still guarantee in the language of the bill Michigan (Mr. KILDEE), the chairman has yet to happen. that that charter school will be treated of the Subcommittee on Early Child- So let me try and tell you what this fairly. hood, Elementary and Secondary Edu- particular bill would do in my State as We have examples, anecdotal I admit, cation, and an incredible advocate for it relates to how we fund construction but anecdotal from coast to coast in the Federal role in school construction needs within a State. The State of this Nation, of charter schools who for many, many years, and a coauthor Utah has two different categories, his- were not treated fairly by local edu- of this legislation. torically. First of all, we have con- cation agencies. And unless specific Mr. KILDEE. Madam Chairman, I tinuing school building aid which basi- language is placed in this bill, it does rise in strong support of this legisla- cally went for areas that were over- not guarantee that will happen. tion. crowded, where there was a surge of I appreciate the chairman of the I was pleased to join Mr. CHANDLER students creating crowded school con- committee adding new language in a and Chairman MILLER in introducing ditions. manager’s amendment that will try H.R. 3021, and to work with my chair- We also had a category that we fund- and make a study of this to see if they man and Representatives LOEBSACK, ed which was continuing. I’m sorry. can report back. But the bottom line is ANDREWS, HARE, HOLT and MCCARTHY Let me switch that around. Continuing simply this. Despite our statement to introduce the committee substitute. was for overcrowded. Critical school that we want charter schools to be I especially acknowledge Mr. building aid was for those districts treated fairly, the language of our bill LOEBSACK’s great depth of knowledge that happened to have all their build- is a gaping loophole that does not meet and the perseverance he has brought to ings coming of age at the same time that if the charter school is not part of this bill. and needed an infusion of cash. the LEA, and I would hope, I would cer- This legislation will bring critically We then equalized the formula so tainly hope that the chairman or the needed resources to schools around the that districts in the State of Utah were sponsors would guarantee that they country to provide students, teachers, given State money, in addition to what would continue to work on this issue to principals and others with safe, they could raise locally, to meet these make sure that this is given out in a healthy, modern, energy efficient and particular needs. fair and equitable manner because we environmentally friendly learning So I simply went through the for- want fairness and logic. It doesn’t exist spaces, and will help our local, State mula that this bill would equate, and in the distribution formula in this par- and national economies by creating what would it do in the State of Utah. ticular bill. jobs for thousands of workers to build This is the bottom line. The districts Mr. GEORGE MILLER of California. these improvements. that have continuing school building Madam Chairman, I yield 2 minutes to Some years ago, Madam Chairman, needs, overcrowded, would not get the gentleman from Iowa (Mr. in my district, a Federal judge ordered money from this formula. The districts LOEBSACK), a member of our committee a jail to be torn down because it was that have critical school building and a primary sponsor of this legisla- unfit for human habitation. Yet, many needs, which simply means the age of tion.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4940 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Mr. LOEBSACK. Madam Chairman, I which will provide schools with small for IDEA, but if I have my children in want to thank Chairman MILLER for grants to make green and energy effi- the classrooms—or most of them are his really great work on this legisla- cient improvements for their schools. actually being taught in the hallways tion. I also want to thank Mr. CHAN- Much as I would like to join the sup- because they don’t have the facilities DLER for his commitment to this issue, porters of H.R. 3021, let me remind to be able to do the teaching that they and Mr. KILDEE, of course, for his long- them of the promises that we’ve al- need to do. I know a number of my standing work on this issue, and for his ready made to schools, but yet not schools—if that was a business, you partnership in offering the substitute met. In 1975, in passing the Individuals wouldn’t be able to get anybody to amendment to this bill during com- with Disabilities Education Act, or work into that particular business. mittee mark-up. IDEA, Congress made a commitment to What we’re trying to do—and you Mr. KILDEE’s and my amendment fund 40 percent of the cost of educating have to look at things holistically. If combined important provisions from children with disabilities. Yet for fiscal we don’t have good school facilities, Mr. CHANDLER’s legislation and provi- year 2008, Congress appropriated only how do we expect our teachers and cer- sions from my own legislation, the $11.3 billion for this purpose, a mere 17 tainly our students to learn, and what Public School Repair and Renovation percent of the funds originally prom- kind of message are we sending that we Improvement Act and the Green School ised. don’t care enough about our children Improvement Act, and it also con- b 1715 that we give them safe environments? tained suggestions from many mem- I can go into my schools in my dis- bers, many other members of our com- Is this an anomaly? Not at all. Con- trict during the winter, and every win- mittee who have prioritized green gress has never delivered more than dow is wide open because the way the school construction over the years. 18.5 percent of the money we promised energy for the heating system is, it Schools across this country are dete- for IDEA. makes the classrooms too hot. The riorating. Problems vary region by re- What I hear over and over again from children can’t concentrate. You go into gion, State by State and even district teachers and school boards and admin- one of my schools during the summer- by district. I can see the problems in istrators in my district is, When are time when they’re taking their final my own district in Iowa, especially in you going to meet your commitments exams, and the classrooms are 110 de- our rural schools. In Iowa, these on IDEA and NCLB? How about meet- grees. How are our students supposed schools serve close to 170,000 students. ing our commitments under No Child to be able to pass those tests and con- This bill will help Iowa by directing Left Behind? NCLB was authorized at centrate? None of us would work under over $35 million to the State. This Fed- $25 billion, but Congress has just pro- those conditions. And yet we are ask- eral investment will help leverage ad- vided less than $14 billion. ing our children to survive under those ditional local dollars and create over Despite these unmet commitments, conditions. 560 new jobs. Congress is positioned today to make We must look at how we’re going to This bill also focuses on the impor- another Federal commitment on school work to be able to educate our children tance of ‘‘greening’’ schools. Research spending. The Congressional Budget Of- for the global economy that we’re look- demonstrates that green school tech- fice estimates that H.R. 3021 would in- ing forward to. But I believe very, very nology can lead to increased health, crease discretionary spending by $20.3 strongly we have to have a clean, safe learning ability and productivity. This over a 5-year period. With this funding, environment. Go into our city schools. includes improved test scores, attend- we could meet our commitments to Come into my schools. Look at the ance, teacher retention and satisfac- IDEA and increase funding for NCLB amount of children that have asthma tion. by $5 billion over the next 5 years. I re- because the quality of the air is sub- This legislation is a much needed in- alize this is a back-of-the-envelope cal- normal. A number of my schools in the vestment in the education and safety culation. But I think it gives Members last year had to be closed. So now of our students. Today, when we pass a better idea of what we could be ac- we’re putting our children in little this bill, Congress will tell our stu- complishing with this money. trailers. dents they matter. Congress will tell As a former school board president, I I don’t understand this debate. This the American people that our economy well know that school construction is is something that many of our schools and good jobs and good wages matter. the responsibility of State and local need, and as far as having Davis-Bacon, And Congress will tell all of us that governments. I support fiscally respon- why should not we have prevailing maintaining a healthy environment for sible proposals to facilitate State and wage for those that work in the com- all matters. local government investments in munity, pay the wages, and also have Madam Chairman, I urge the bill’s school infrastructure, but I cannot sup- good construction done? passage. port authorizing billions of dollars in With that, I hope that we pass over- Mr. MCKEON. Madam Chairman, may new spending when we cannot fulfill whelmingly this bill. I inquire as to how much time is left. our current commitments to schools Mr. MCKEON. I reserve the balance of The CHAIRMAN. Mr. MCKEON has 17 and children. my time. minutes. Mr. MILLER has 22 minutes. When Congress has fully funded IDEA Mr. GEORGE MILLER of California. Mr. MCKEON. I am privileged to and NCLB, I will be very happy to re- I am pleased to yield 2 minutes to the yield at this time to the gentlelady visit this issue with my colleagues on gentlewoman from California (Ms. from Illinois, a member of the com- the other side of the aisle. But until WOOLSEY), a member of the committee mittee, Mrs. BIGGERT, 4 minutes. then, I think the top Federal priorities and subcommittee Chair. Mrs. BIGGERT. Madam Chairman, I should be meeting our commitments Ms. WOOLSEY. Thank you, Chair- rise in reluctant opposition to H.R. and improving student achievement. man MILLER. 3021. I support giving schools some Fed- Mr. GEORGE MILLER of California. Madam Chairman, I’m pleased to rise eral assistance when it comes to school Madam Chairman, I am pleased to in support of H.R. 3021, the 21st Cen- construction. In fact, I’ve sponsored yield 2 minutes to the gentlewoman tury High-Performing Public School legislation in the past that would pro- from New York (Mrs. MCCARTHY), a Facilities Act. vide interest-free and low-interest member of our committee and a spon- No child should be expected to learn loans to States and localities to sup- sor of this legislation. in a crumbling school building. And port school construction, renovation Mrs. MCCARTHY of New York. this bill will give our Nation’s schools and repair. Madam Chairman, I think there are ob- the funds needed to repair and renovate I represent some of the fastest grow- viously many of us that support H.R. their school building. That’s very im- ing communities in the country, and I 3021, the 21st Century Green High-Per- portant because our children deserve know how school districts are con- forming Public School Facilities Act. the best opportunities in life, and that stantly struggling to meet the growing In listening to the debate, I can only starts with a quality education in a demand for space and resources. talk about a number of the schools safe building where students can focus I also support the greening of our that are in my district. I’m certainly on learning and teachers can focus on schools. I’m a cosponsor of H.R. 6065, someone who supports school funding teaching.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4941 This bill also encourages schools to from California (Mr. DANIEL E. LUN- spending programs that, if you look at make environmentally—green repairs. GREN) 3 minutes. the payout, by the year 2042—and I Schools in my district are making Mr. DANIEL E. LUNGREN of Cali- know that’s a long way away, but my their facilities more environmentally fornia. Madam Chairman, I apologize. grandkids will probably be concerned friendly lately, and it’s encouraging I’m not a member of the committee in- about it—as was stated not too long other schools to follow their lead be- volved. I was not really that alert to ago in testimony before one of our cause as our States face budget short- what this bill is, but listening to some committees, if we continue spending falls and school districts deal with of the debate, it just caused me some the way it is, we will have no room for budget cuts, savings on energy costs pause to reflect on maybe we found the discretionary spending—— will make a huge difference. answer to the question I keep being The CHAIRMAN. The time of the And it’s a win-win. As a school shifts asked at my town hall meetings which gentleman has expired. towards greening their school, students is, How do you folks back there allow Mr. MCKEON. I yield the gentleman will learn about the process and the the budget to get so large? How do you an additional minute. importance of preserving our environ- get such deficit spending? What is Mr. DANIEL E. LUNGREN of Cali- ment. If you value our children, if you going on back there? fornia. As the head of OMB said at that value our students, if you value their Well, let’s see. I just heard Members time, including defense. That’s the education and their educators, then on the other side of the aisle say this is first time I ever heard of defense called show them; ensure their schools are a Federal responsibility. In fact, I just discretionary. the very best possible. heard this argued as a jobs program. But the point is there are certain re- Support H.R. 3021. This will stimulate the economy. Well, sponsibilities that are the Federal Gov- Mr. MCKEON. Madam Chairman, I if that’s the case, let’s multiply it by ernment’s. And I remember when we continue to reserve. 10. If this is going to create that many started the—I am old enough to re- Mr. GEORGE MILLER of California. more jobs, let’s ten 100 times. We will member that. I happened to be in Con- Madam Chairman, I yield 2 minutes to take care of all of the unemployment gress shortly after that when President a member of the committee, the gen- in America. Carter was elected and we established tleman from Illinois (Mr. HARE). The idea that somehow we have the the Department of Education because Mr. HARE. Madam Chairman, I rise responsibility on the Federal level to we said the Federal Government ought in strong support today of H.R. 3021. now fund the programs for construc- to play a small role, small but impor- School districts around the country tion and air-conditioning and heating tant role in education. are struggling to find the money to pay and so forth in schools, what is left for Well, now if we’re going to be respon- for the most basic school repairs, let local taxpayers to do? Oh, I’m sorry. sible for construction for air-condi- alone funding to upgrade school facili- Local taxpayers are also the Federal tioning, for heating, for environ- ties to meet the needs of 21st century taxpayers and the State taxpayers. I mentally friendly construction, where learners. forgot that because we forget that does it end? I guess it ends at the tax- While school construction funding here. payers’ pocketbook. But we just pre- has traditionally been a State and I just heard the gentleman previously tend that we’re not taking from the local responsibility, the magnitude of on the other side say his school dis- pocketbook here because it is the Fed- the challenge warrants an increased tricts are strapped. They can’t pay for eral Government that doesn’t cost any- Federal role, a role that could help it. But magically, we can pay for it body anything, but we are here to schools such as Lewistown High in my here because I guess when my constitu- rescue everybody on the Federal level district repair a leaky roof and replace ents get up in the morning they say, because they can’t afford to pay for it World War II-era equipment that stu- Well, this morning I’m a local taxpayer at the local or State level. dents are using for machine shop. but at noon I will be a State taxpayer, Maybe that makes sense here in Madam Chairman, the bill before us tonight I will be a Federal taxpayer. I Washington, but I don’t think it makes authorizes $6.4 billion to address unmet can’t afford to pay for it in the morn- sense anywhere else. Maybe this is school construction needs. Addition- ing; I’m not sure I can pay for it yet, ‘‘Alice in Wonderland,’’ but where I ally, the bill guarantees schools with but magically I can pay for it tonight come from, people know that when you the greatest need receive a minimum because—well, I don’t know. I guess take a dollar out of their pocket, it’s of $5,000 for school construction this money comes from nowhere. one less dollar they have. projects. I mean, does anybody understand The CHAIRMAN. The gentleman’s As a member of the Green Schools we’re talking about a new program time has again expired. Caucus, I’m pleased that this bill en- that’s never existed before? But now, Mr. MCKEON. Madam Chairman, I courages schools to make energy-effi- now the very future of the Republic de- yield the gentleman an additional 2 cient improvements. By dedicating the pends on this program. minutes, and I want to ask him a ques- majority of funds to green projects, I heard another Member on the other tion. H.R. 3021 will save schools an average side of the aisle say students can’t Mr. DANIEL E. LUNGREN of Cali- of $100,000 each year in energy costs learn when they’re sweating, I guess. fornia. You have to understand I’m not alone—enough to hire two additional Well, I confess. I went to Catholic on the committee. So I’m not an expert full-time teachers, purchase 5,000 new school. We didn’t have air-conditioning on that. I’m just a regular Member of textbooks, or buy 500 new computers. in Southern California when it was 103, Congress who heard the debate as I was The deteriorating physical condition and it was hot. I remember sweating walking by. of public schools also presents an op- through my shirts, and it was uncom- Mr. MCKEON. Let’s talk about the portunity to stimulate our failing fortable. But give me a break. You’re things we deal with when we’re not economy. A direct Federal investment telling me that there’s a Federal re- here in Congress. You have children. I in school construction will provide an sponsibility to put air-conditioning in have children. We have grandchildren. immediate boost to our economy and every building that school kids are And I try to think about our children create an estimated 100,000 jobs in the going to? and grandchildren sitting at the kitch- building trades hit hard in recent I would just ask the American people en table, and they have a little dif- months. is this what they think the Federal ferent rules that they have to operate Madam Chairman, H.R. 3021 comes as Government is supposed to be doing? under. a much-needed response to crumbling We should go around and find every school infrastructure, skyrocketing en- single wrong thing or something that b 1730 ergy prices, and our declining econ- is not perfectly right and then the Fed- You know, we have a Federal respon- omy. I strongly urge all of my col- eral Government is going to take care sibility that we have taken upon our- leagues to support this vital piece of of it? Now, if that is the case, we will selves, and we will fund 40 percent of legislation. never come close to fiscal responsi- IDEA. We’re up to about 17 percent. We Mr. MCKEON. I am privileged to bility, and we’re going to do this on top said that we’ll fund title I. We’re way yield at this time to the gentleman of the fact that we have mandatory short of where we should be on that.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4942 CONGRESSIONAL RECORD — HOUSE June 4, 2008 If, say, you have a grandson or grand- Mr. GEORGE MILLER of California. I’ve been here 16 years. I know he’s daughter, maybe they’ve bought a mo- Madam Chairman, I yield myself 30 been here over 30 years. But when we torcycle and they have a commitment seconds. won the majority in 1994, at that point to pay $100 a month on a motorcycle. It’s wonderful to listen to this con- IDEA was funded at about $2 billion. It And maybe the daughter is going to versation among two people talking was passed in 1976. school and has a commitment to pay a about fiscal responsibility back and At the time, we made a commitment, couple hundred dollars a month on forth to one another. When the Bush those who were in the Congress at the that. administration came into office, they time made a commitment, that the Family is sitting around and they were given a $5 trillion surplus. Now, 8 Federal level would be funded at 40 per- say, you know, we’re a little short, we years later, it’s a $9 trillion deficit. cent. At that time in 1976, $2 billion don’t have quite enough to pay the mo- And in that time, they never found the would have funded at 40 percent. The torcycle bill this month, we don’t have way to fund title I. They never found Democrats were in charge from 1976 to quite enough to pay the school bill this the way to fund IDEA. And yet, some- 1994. They got it from a few hundred month, but why don’t we go out and how, they were fiscally responsible, million up to $2 billion in that time. buy a motor home, because the family and now they’ve run this economy and We won the majority in 1994, and we would benefit from that; it would be a this country into a ditch, with $9 tril- increased the funding from $2 billion up good thing. We could have good quality lion of debt in 8 short years, and they to over $10 billion in the following 12 time that we could spend together, and inherited a $5 trillion surplus. years. we don’t have the money for that. Madam Chairman, I yield 11⁄2 minutes Now, to go back to talk about the That’s kind of what we’re talking to the gentleman from Connecticut surplus and the deficit. In 1994, we ran about here, isn’t it? (Mr. COURTNEY), a member of the com- on the Contract With America, and we Mr. DANIEL E. LUNGREN of Cali- mittee. made a pledge to the American people fornia. Well, I would think so. I would Mr. COURTNEY. Just to follow up on that if we were given a chance, given think that it’s certainly a greater pri- the chairman’s remarks, it sounds like the majority, we would balance the ority to help that program, the Individ- crocodile tears to hear people talking Federal budget in 7 years. Actually, we uals with Disabilities Education Act, about underfunding IDEA and title I did it in 4 years. That’s how we got that we assume that as a responsi- when last December we had a chance to that surplus. bility, and I can argue back home that override the President’s veto of the But then in 2000, President Bush that is a shared Federal responsibility. education spending bill, which would came in. There was a recession when he I don’t think this bill rises to that have put a serious commitment by this took office. We had 9/11 in 2001, which level, and it seems to me if we use Chamber towards those programs took us into a war footing, and you money for this and not for disabilities, which, indeed, have been underfunded know, when you’re at war, you spend aren’t we shortchanging a program for far too long, but unfortunately, too more money, and that’s how we’ve got- which really has a Federal responsi- many Members on the other side of the ten the deficit. bility for this? I know it sounds good aisle upheld the President’s veto and But all of that aside, back to the because it’s a new program. broke, again, the promises to local basic premise of why we should be I just noticed this. Maybe it’s be- communities to pay for Federal man- working to fully fund IDEA. What a cause I came back after 16 years. I find dates. problem that is to not provide fully it’s awfully easy to say billions and We have a national challenge facing funding for these children that need trillions. this country, a national energy chal- help with their special disabilities. We The CHAIRMAN. The time of the lenge, national education challenge, made a strong commitment. We took it gentleman has again expired. and that’s what this national bill is fo- from the 7 percent that they were fund- Mr. MCKEON. I yield the gentleman 1 cusing on. ing it when they were in the majority, additional minute. In Connecticut, the Eastern Con- and they had been there for 18 years Mr. DANIEL E. LUNGREN of Cali- necticut State University Institute for prior to that. We had 12 years. We got fornia. I found when I was gone for 16 Sustainable Energy did an inventory of it up to over 17, 18 percent in that pe- years, I couldn’t find billion and tril- school buildings a couple of years ago. riod of time. lion so easy to say. But once we’re They found that 90 percent of the So I don’t think if you want to talk here, it’s awfully easy to say, and then buildings were constructed before 1978, about commitment and who was put- it kind of masks the costs to the local completely energy inefficient. If we ting the money where, we were doing taxpayer because the average person could get to an Energy Star rating of it. All we’re saying now is if they can can’t figure out what $1 trillion is or $1 50, which is a very modest rating, we find another $6 billion, why not put it billion because that’s not within their would save 40 percent, not 20 percent, to the children with disabilities rather area of experience. but 40 percent energy costs, which is than fund a brand new program that But what it means, I would hope that precious dollars for local communities really is the State and local responsi- folks back home would understand, if that are distressed and don’t have a bility. we were ever to talk to them about property tax base to pay for that kind I reserve the balance of my time. this, that this is coming out of their of investment. Mr. KILDEE. Madam Chairman, pocket. And if they believe they can’t This program is focused with a title I we’re all concerned with fiscal respon- afford it back home, how can they af- formula to needy school districts. sibility, but I can recall a tough polit- ford it here, first? We’re not just taking dollars and ical vote I took the first year of Presi- Secondly, we have a commitment to throwing them up in the air across the dent George W. Bush. That was on programs like those for children with United States of America. We are help- about a $2 trillion tax cut, $2 trillion. disabilities. Shouldn’t we try and fund ing the communities that need the help That’s $2,000 billion. This bill will cost that to a higher level first before we and can’t afford to invest in green $6.5 billion a year. That tax cut was $2 start on this path to a new program? technology. trillion. Again, I’m not a member of the com- We have districts in my part of Con- There’s various ways we have to be mittee, and I know the gentleman has necticut, Quaker Hill Elementary fiscally responsible, and I submit that served on the committee. But that’s a School, that are making that type of tax cut, in my humble opinion—and I simple question. investment, but we need to help the voted ‘‘no’’ on it and went back home Mr. MCKEON. We would love to have districts that can’t afford to do it. and faced some wrath, not that much, you on the committee, and I think that That’s why, with a title I-based for- though—I voted ‘‘no’’ on that because I you’re asking the right questions. mula, this legislation will accomplish also have a sense of fiscal responsi- Mr. DANIEL E. LUNGREN of Cali- that task. I urge the Chamber’s full bility. fornia. I’m not sure the chairman of support. Now you talk about IDEA. I think the committee shares that sentiment, Mr. MCKEON. I notice the chairman you will concede that no one’s been a but I appreciate that, and I thank the has left, but I wanted to just correct stronger advocate of full funding for gentleman for the time. the record a little bit. IDEA than myself.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4943 Mr. MCKEON. Would the gentleman ably read you a list of people that say gling to hear the other side talk about yield? we should not have additional spending resource allocation and priorities. I Mr. KILDEE. I would be glad to that’s going to carry us more and more think the American people would rath- yield. into deficit for new programs before we er send our children to decent schools Mr. MCKEON. I would be happy to fund the programs that we’ve already rather than fund a war and an occupa- yield that. You’re a man of conviction committed to, and the gentleman said tion in Iraq that did not have to be and I think you are a strong supporter he would like to have the debate on fought. Here we’re talking about now of IDEA, and we’ve worked together that issue. another $180 something billion plus as well on these things in the past. I had an amendment on that issue another down payment of this occupa- I just think right now we have kind that was not given to me. I wasn’t tion that the President wants. This of a divergence where we’re talking given the ability to discuss it on the could lead us up to, what, $3 trillion in about a new program that could be floor because the Rules Committee, I terms of the occupation. used to fully fund IDEA, and we just guess, felt that it wasn’t an important The CHAIRMAN. The time of the have a difference then on that opinion. issue. gentlewoman has expired. Mr. KILDEE. On that, let me indi- The CHAIRMAN. The gentleman’s Mr. KILDEE. I yield the gentlelady cate I have a list of groups here who time has expired. 30 additional seconds. support both full funding of IDEA and Mr. MCKEON. I yield myself an addi- Ms. LEE. I just wanted to make this support this bill. I will just read a few tional minute. one point because I listened very close- of them: the American Federation of I did have an amendment saying that ly to what the fiscal arguments were Teachers, the American Association of we should first spend the money for the on this bill. And it’s hard to believe School Administrators, the Council of title I. That was where the Federal that you continue to fund this occupa- Great City Schools, the National Asso- Government first got involved, helping tion in Iraq, yet you talk about the ciation of Elementary School Prin- underprivileged children, close the gap fact that we don’t have the resources cipals, the National Association of Sec- between the minorities and those that to create schools worthy of our chil- ondary School Principals, the Parent- were doing better in their school, 14 dren. Teacher Association. So these are percent gap. And we have spent billions So I think this is about priorities. groups who support both full funding of of dollars, over $85 billion, to try to And I hope that everyone on both sides IDEA and full funding of this. close that gap, and we haven’t done it, will vote for this bill in a bipartisan With that, I yield 11⁄2 minutes to the and we’re still short on that funding. fashion. gentleman from New Jersey (Mr. And then the disabilities, the stu- Thank you, Mr. Chairman. And HOLT), a member of our committee. I dents that we all feel need more help, thank you for yielding. I support this thank the gentleman from California why, if we can come up with another $6 bill and hope we all vote for it. for his kind words. billion, don’t we put the money for Mr. KILDEE. I yield 1 minute to the Mr. HOLT. Madam Chairman, I these children that need the help the gentleman from New Jersey (Mr. thank Mr. KILDEE. most? HOLT), a member of the committee. And to my friend from California, I I reserve the balance of my time. Mr. HOLT. I thank the gentleman. would say if we wanted to use this time And I thank him and Chairman MILLER 1745 for a discussion of both fiscal responsi- b for incorporating parts of my ‘‘Green bility and which side of the aisle has Mr. KILDEE. Madam Chairman, may Schools’’ bill in this legislation. done better with respect to individuals I inquire as to how much time remains I just wanted to make two more with disabilities and title I, boy, that’s on each side. points, that under this bill States must an argument that we would gladly take The CHAIRMAN. The gentleman develop a database of energy usage in on. from Michigan has 11 minutes remain- public school facilities. I’m really But that’s not the topic here. The ing. The gentleman from California has pleased that this includes language topic here is the green schools pro- 21⁄2 minutes remaining. that requires schools to report on their gram, and energy costs are the second Mr. KILDEE. Madam Chairman, I carbon footprints. highest operating expenditure for yield 1 minute to the gentlewoman Also, we’ve included a provision to schools after personnel costs. from California (Ms. LEE). ensure that veteran-owned businesses The two gentlemen from California Ms. LEE. I thank the gentleman for receive the same contracting pref- were talking about how this is wasteful yielding and for your leadership and erences as minority and women-owned spending. I’ll tell you what’s wasteful. your commitment to our country’s businesses. As the war continues to About a third of those $8 billion annu- children. swell the veteran population, it’s our ally that schools spend on energy could I rise today in strong support of this duty to help to ensure that returning be saved. bill. Not only does it provide for the soldiers have jobs to return to. What this legislation does, it pro- modernization and repair of our This is good legislation. I urge its vides help for local schools and States schools, but it also employs green passage. I thank the gentleman for put- to invest in energy-saving design and building standards and encourages ting together such good legislation. technology, which will provide not States to adopt forward-thinking, en- Mr. KILDEE. Madam Chairman, I am only better learning conditions but ergy-efficient strategies. pleased to yield 11⁄2 minutes to the gen- save billions of dollars. And I must thank Chairman MILLER tleman from Arizona (Mr. MITCHELL). So this actually is beneficial from a for this bill, and the committee, but Mr. MITCHELL. Madam Chairman, I fiscal point of view, as well as an edu- also for including in the manager’s rise in support of H.R. 3021, the 21st cational point of view. amendment language that I authored Century Green High-Performing Public Mr. MCKEON. I yield myself 1 that requires local education agencies Schools Facilities Act, which would au- minute. to report on the number and amount of thorize funding for modernization, ren- I just want to say that I don’t think contracts awarded to small minority ovation and repair projects in schools either of the two gentlemen from Cali- and women-owned and veteran-owned with poor building quality. fornia used the term ‘‘wasteful’’ spend- businesses. Students and teachers deserve a ing. We never meant for that. We never As a longtime advocate of green jobs clean and safe environment to go to inferred that. that will be fundamental to America’s school. However, according to the En- What we were talking about is it’s a future economic competitiveness, I be- vironmental Protection Agency, one- new program that is going to divert lieve everyone must have the oppor- third of schools, which serve approxi- limited resources. The list that Mr. tunity to benefit from the green econ- mately 14 million students, are des- KILDEE read, all of those people that omy supported by this language. perately in need of extensive repairs. supported it, yeah, you know, a lot of Let me just say that I firmly believe As a former high school teacher, I be- people want to have more and more the American people would rather in- lieve that it is crucial to ensure that and more spending. The problem is, we vest in their school children. And in the grants authorized under this legis- do have limited resources. I could prob- listening to this debate, it’s mind bog- lation be available for schools in which

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4944 CONGRESSIONAL RECORD — HOUSE June 4, 2008 existing building conditions are put- schools, especially for the renewable If we can build them overseas, we cer- ting the health and safety of students energy industries. By giving technical tainly can build them here in the and faculty at risk. schools a chance to modernize, we will United States. This bill is an impor- Many schools suffer from inadequate help even more students become tant first step toward improving our ventilation. When combined with toxic innovators, work together to end glob- children’s education. substances, such as mold, asbestos and al warming, and bring green energy We will need to follow the authoriza- lead, this lack of ventilation can cause jobs to the American economy. tion of these grants with full funding significant health problems. Students Mr. KILDEE. Madam Chairman, I am in appropriations. And we need to en- and teachers in schools with indoor air pleased to yield 11⁄2 minutes to the gen- sure that local and State authorities quality problems suffer from a range of tleman from Georgia (Mr. SCOTT). can raise money in other ways, as health problems from headaches, fa- Mr. SCOTT of Georgia. Thank you, would be provided by in the America’s tigue, dizziness, nausea, to respiratory Mr. Chairman, for giving me this op- Better Classroom Act through interest- illness. Even more troubling, when in- portunity. I want to speak very briefly free bonds to build more schools. There door air pollutants accumulate in inad- about this bill. This is a very, very im- really is no substitute for bricks and equately ventilated schools, the air can portant bill. It is critical to the future mortar when it comes to quality become carcinogenic. of education of our young people. schools and meeting the educational In Arizona’s Tempe Union High Let me start out by letting you know goals of our community. School District, where I taught for al- how important this is to my State of I applaud Chairman MILLER and Con- most 30 years, Corona del Sol High Georgia, and especially the metro At- gressman CHANDLER for their leader- School has an HVAC system in des- lanta area. The metro Atlanta area is ship on this issue, and urge my col- perate need of replacement. According the third fastest growing child popu- leagues to join me in support of H.R. to the Arizona Republic, some within lation in this country. Some 120,000 3021, to improve the quality of where the Corona del Sol community have ex- school children will enter area schools our children go to school and help pressed illnesses ranging from allergies over the next 5 years. They need addi- them to learn and to be able to com- and asthma to tumors and cancers. The tional space. They’re meeting in trail- pete in the 21st century. high school district is struggling to ers. They’re meeting in broken down The CHAIRMAN. Both sides now have 21⁄2 minutes remaining. find funds to replace HVAC systems, buildings. They need help. Mr. MCKEON. Madam Chairman, I and as a result the problems continue Now, Madam Chairman, I just came yield myself such time as I may con- from a trip from Afghanistan and Iraq, to persist. sume. and I’m very proud to say our soldiers The CHAIRMAN. The time of the Madam Chairman, for our Nation’s gentleman from Arizona has expired. are doing a wonderful job and all of our schools, the spike in energy prices Mr. KILDEE. I yield the gentleman contractors are doing a wonderful job. means that it costs more to fuel the 30 additional seconds. They come to tell us, oh, we’re doing buses that carry children to and from Mr. MITCHELL. I would like to great, we’re building these many school. It costs more to heat and cool thank Chairman MILLER for working schools, we’re building these many hos- their facilities. It costs more to buy with me to ensure that the grants pur- pitals, which is wonderful, but then to books and supplies. It costs more to suant to this legislation can be used to come back here and to see us crawling provide school lunches and snacks. The help schools make critical repairs to and falling back instead of going for- list goes on. protect the health and safety of stu- ward to do the same thing for our own School budgets are being over- dents and teachers due to building con- people. Not since 2001, 7 years ago, was whelmed by rising energy costs, and ditions. Students and teachers should the last time we even gave direct Fed- they need relief. The majority refuses never have to compromise their health eral aid to the States and the counties to unveil its commonsense plan to and safety to attend school, and this of our Nation to build schools, to help bring down skyrocketing gas prices. On legislation will help prevent this from repair schools. January 4, 2007, when the Democrats happening. This bill is important because not took charge of this House, gas prices I urge my colleagues to support this only does it build schools, it builds stood at $2.33 a gallon. Seventeen important bill. them in a way that helps our environ- months later, gas costs 71 percent Mr. KILDEE. Madam Chairman, ment, it builds them in a way that pre- more, and yet their plan remains a se- could I ask again how much time each serves our energy, cuts down on emis- cret. side has remaining. sions that help global warming. It is an We’re turning a blind eye to the bur- The CHAIRMAN. The gentleman effective measure, Madam Chairman. It den of high energy costs in our Na- from Michigan has 61⁄2 minutes remain- is a bill we must pass, and the time to tion’s schools, and instead taking up a ing. The gentleman from California has do it is now. bill that usurps State and local rights 21⁄2 minutes remaining. Mr. KILDEE. Madam Chairman, I am and responsibilities, undermines efforts Mr. KILDEE. Madam Chairman, I am pleased to yield 11⁄2 minutes to the gen- to fund programs for disadvantaged pleased to yield 11⁄2 minutes to the gen- tleman from North Carolina (Mr. children, imposes complex and costly tleman from Pennsylvania (Mr. PAT- ETHERIDGE). requirements, and offers little more RICK J. MURPHY). (Mr. ETHERIDGE asked and was than a Band-Aid for the very real need Mr. PATRICK J. MURPHY of Penn- given permission to revise and extend for school construction and moderniza- sylvania. Madam Chairman, I rise his remarks.) tion. today in support of the 21st Century Mr. ETHERIDGE. Madam Chairman, Madam Chairman, I strongly oppose Green High-Performing Public School I rise in strong support of H.R. 3021, the this legislation. Just yesterday we re- Facilities Act. 21st Century Green High-Performing ceived a Statement of Administration I want to thank Chairman MILLER Public School Facilities Act. Policy indicating that if this legisla- and the gentleman from Washington Madam Chairman, as the only former tion were presented to the President, (Mr. BAIRD) for his efforts to modernize State schools chief serving in Congress, his advisers would recommend that it technical schools. I have always worked to be a voice for be vetoed. Madam Chairman, faced with record children and their schools. The Federal Government has a role gas prices and a dangerous dependence One of the biggest challenges we face to play in education. That role is to on foreign oil, we must harness new in my home State of North Carolina— provide support and assistance to en- technology to meet our energy needs. and really across this country—is a sure that all children are provided a To do this, we must prepare students of lack of adequate facilities for learning quality education. It’s to support the today to power the green collar work- to take place. We simply must make a academic achievement for disadvan- force of tomorrow. commitment to get our children out of taged children, children with disabil- I am honored to have worked with trailers and into quality classrooms. ities, and other at-risk students who Chairman MILLER and Mr. BAIRD to en- You just heard my colleague talk might otherwise be left behind. sure funding for this act goes toward about what we’re doing overseas in We all want our communities to have modernizing career and technical Iraq and Afghanistan building schools. safe, modern, environmentally friendly

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4945 schools in which our children can live scape. Short-sighted free-trade agreements This important bill will improve the health of and thrive, but this bill is the wrong and illegal dumping policies set in place by our Nation on a variety of levels. As an eco- way to achieve that goal. States, local foreign countries have placed American steel nomic stimulus, it will create jobs all across communities and the private sector are on an uneven playing field with foreign com- the Nation as local citizens join together to all actively engaged in the construc- petitors. Facilities have been forced to close, build and repair schools. The bill also im- tion and maintenance of school facili- at the expense of countless American jobs. proves the teaching and learning climate in ties all around the country. At least $20 In no place is this change in the industry America’s schools by combating overcrowding, billion is being spent by the States more apparent than in my home of Ohio. Both decreasing student and teacher sick days, and each year to build new schools and my father and my grandfather found gainful improving school air quality for our nation’s 60 modernize those already in use. employment in steel mills that now lie vacant million school children. This legislation also If we have $6.4 billion to invest in and unused. Without question, Appalachian improves energy efficiency by mandating the education next year, let’s put it into Ohio has felt the burden of global shifts in the use of renewable resources in our schools. programs that serve underprivileged economy, and I worry about the future of the These same energy efficiencies will also play and disadvantaged children. Programs jobs that remain. a positive role in combating global climate are already there. Whether it’s title I This amendment will ensure that American change by limiting the carbon emissions emit- or IDEA or even Pell Grants to help taxpayer dollars are used to support American ted by school buildings. Finally, the inclusion low-income students attend college, industries and jobs. At a time when other of Davis-Bacon protections ensures that work- there are existing programs that could countries like China are using questionable ers will receive a fair and prevailing wage. use these resources to improve aca- policies to develop an unfair advantage, there At a time when our economy is reeling, with demic achievement and directly benefit must be a mandate to use American steel with unemployment and inflation on the rise, this those who need help most. any federal funds. I am proud to lend my sup- bill will infuse our faltering job market with the I strongly urge a ‘‘no’’ vote on this port to this amendment and the American resources it needs to flourish. This $6.4 billion legislation. steel industry. investment in our Nation’s infrastructure will Madam Chairman, I yield back the Mr. HINOJOSA. Madam Chairman, I rise in create 100,000 new design and construction balance of my time. strong support of H.R. 3021, the 21st Century jobs—4,041 of which will be located in Michi- Mr. KILDEE. May I inquire as to how Green High-Performing Public Schools Act. gan. Citizens working in other sectors will also much time is remaining. It is high time that we include public schools see an improvement in their financial stability, The CHAIRMAN. The gentleman on the list of critical infrastructure that requires as property values improve in communities from Michigan has 21⁄2 minutes remain- significant Federal investment and support. with these new schools. ing. I would like to commend Congressman BEN The bill will also dramatically improve the CHANDLER of Kentucky and Chairmen MILLER teaching and learning climate for America’s b 1800 and KILDEE for their leadership on this vital school children. We all know that children Mr. KILDEE. Madam Chairman, I legislation. can’t learn if they’re sick. The average Amer- yield myself the balance of my time. Our public schools educate roughly 90 per- ican school was built half a century ago. As a Madam Chairman, in my congres- cent of children in the United States. result, too many of our children attend over- sional district, I have a wide range of We are counting on our public schools to crowded schools housed in buildings with schools. I have some schools that were prepare the leaders and workforce of tomor- leaky roofs, faulty electrical systems, and out- built before I was born, and you can row. Yet according to several estimates the dated technology. This tremendous investment guess maybe how old those schools are. need for school construction and renovation is in physical facilities would help alleviate these Some of them are in deplorable condi- in the hundreds of billions of dollars—as much problems by repairing and removing infrastruc- tion. Then I have some school districts as $322 billion according to analysis from the ture rife will black mold and asbestos. which, thanks to the voters because National Education Association. Some may decry the spending associated they are a little better off, they bond Worse, the students in the areas where the with this bill. I however, see it as a smart in- and they have really up-to-date school need for school modernization is most acute vestment that will pay out cost-saving divi- buildings. I have been happy to have are minority students who now represent 43 dends in the very near future. Green schools been at the ground breaking or the rib- percent of the total student population. Improv- created by this bill will cost, on average, 2% bon cutting for those buildings, and the ing school facilities is also about improving more than conventional schools but provide fi- people have certainly done well to bond educational opportunities and equality. nancial benefits that are 20 times as large. themselves for that. But there are I am especially pleased that the manager’s This is enough savings to hire two additional other school districts that are abjectly substitute includes specific language regarding full-time teachers in most communities. poor, their tax base is miserable, and the renovation and improvement of science Although not obvious at first, the bill will also the school buildings are miserable. and engineering laboratories in our schools. play a substantial role in our nation’s multi- Children learn better in decent build- 52 percent of school principals reported hav- faceted response to the threat posed by global ings. And human nature being what it ing no science laboratory facilities in a Na- climate change. When one thinks about the is, good teachers to a great extent are tional Center for Education Statistics survey. causes of global warming, images of exhaust more likely to stay in better buildings. Simply put, we can never succeed in our na- spewing SUVs and coal plants billowing out This bill was wisely based upon the tional imperative to improve our competitive- black smoke spring to mind. In fact, 39 per- title I formula so those schools that ness in the STEM fields if our children do not cent of all green house gas emissions come are really stricken in my district now have the opportunity to experience and prac- from buildings—including many of our coun- would be able to apply for these grants tice science and engineering. I would like to try’s school buildings. The energy efficiency and, under the title I formula, would be thank Chairman MILLER and Chairman KILDEE improvements that will be built into our able to receive some Federal dollars to for working with me and my colleague from schools will have an immediate impact on this help them replace buildings which I say Vermont, Congressman PETER WELCH to in- front. Each green and energy efficient school are worse off than a jail that was torn clude the important provision in the bill before will lead to annual emission reductions of down in my district because a judge de- us today. 585,000 pounds of carbon dioxide. clared it unfit for human habitation. I urge all of my colleagues to vote ‘‘yes’’ on Finally, I am happy to see that the bill will This is a good bill. It will put dollars H.R. 3021. include Davis-Bacon protections to all grants where they are most needed to help Mr. CONYERS. Madam Chairman, I rise for school modernization, renovation, and re- children learn better. We know they today in support of H.R. 3021, the 21st Cen- pair projects. The inclusion of these protec- learn better in a better building. I urge tury Green High-Performing Public School Fa- tions exemplifies the tremendous differences support for this bill. cilities Act. The bill authorizes $6.4 billion for between the two major parties on issues of Mr. SPACE. Madam Chairman, the steel in- school construction projects for fiscal year worker’s rights. I am continually reminded that dustry has a proud tradition in this country. 2009, and ensures that school districts will during the aftermath of Hurricane Katrina, our For over 150 years, steel production has been quickly receive funds for school modernization, President attempted to rescind Davis-Bacon an important symbol of American strength and renovation, and repairs. A majority of these protections at a time when local workers could a critical source of American jobs. funds must be used for projects that meet least afford to have their living standards de- In recent decades, the American steel in- green building standards for energy efficiency pressed. In contrast, with this bill, this Demo- dustry has faced an increasingly difficult land- and carbon footprint reduction. cratic Congress emphasizes its commitment to

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00067 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4946 CONGRESSIONAL RECORD — HOUSE June 4, 2008 the belief that the government has a responsi- (b) TABLE OF CONTENTS.—The table of con- (b) ALLOCATION TO STATES.— bility to provide workers with a living wage as tents for this Act is as follows: (1) STATE-BY-STATE ALLOCATION.—Of the they work to improve their communities. Sec. 1. Short title; table of contents. amount appropriated to carry out this title for each fiscal year pursuant to section 308(a), and I applaud Representative CHANDLER and the Sec. 2. Definitions. TITLE I—GRANTS FOR MODERNIZATION, not reserved under subsection (a), each State rest of the Leadership for this bill. As I noted shall be allocated an amount in proportion to two weeks ago in the CONGRESSIONAL RENOVATION, OR REPAIR OF SCHOOL FACILITIES the amount received by all local educational RECORD, one of the hallmarks of this Con- agencies in the State under part A of title I of gress has been its attempt to provide com- Sec. 101. Purpose. the Elementary and Secondary Education Act of prehensive solutions to complicated problems. Sec. 102. Allocation of funds. 1965 for the previous fiscal year relative to the Sec. 103. Allowable uses of funds. I believe that this bill is a proud example of total amount received by all local educational this trend. In a bill aimed at decreasing class TITLE II—SUPPLEMENTAL GRANTS FOR agencies in every State under such part for such LOUISIANA, MISSISSIPPI, AND ALABAMA sizes, the Congress has also chosen to attack fiscal year. Sec. 201. Purpose. (2) STATE ADMINISTRATION.—A State may re- climate change, promote worker’s rights, and Sec. 202. Allocation to States. serve up to 1 percent of its allocation under improve air quality. Sec. 203. Allowable uses of funds. paragraph (1) to carry out its responsibilities I urge my colleagues to vote for this bill and TITLE III—GENERAL PROVISIONS under this title, including— send a clear message to the American people: (A) providing technical assistance to local Sec. 301. Impermissible uses of funds. This Congress is committed to smart solutions educational agencies; Sec. 302. Supplement, not supplant. (B) developing within 6 months of receiving its to the real problems that this country will face Sec. 303. Maintenance of effort. allocation under paragraph (1) a plan to de- in the 21st Century. Sec. 304. Special rule on contracting. Mr. VAN HOLLEN. Madam Chairman, I rise Sec. 305. Application of GEPA. velop a database that includes an inventory of today as a member of the Green Schools Sec. 306. Green Schools. public school facilities in the State and the mod- Caucus to strongly support the 21st Century Sec. 307. Reporting. ernization, renovation, and repair needs of, en- Sec. 308. Authorization of appropriations. ergy use by, and the carbon footprint of such Green High-Performing Public School Facili- schools; and ties Act. SEC. 2. DEFINITIONS. (C) developing a school energy efficiency Our Nation needs new schools. The aver- In this Act: quality plan. (1) The term ‘‘Bureau-funded school’’ has the age American school is 50 years old and al- (3) GRANTS TO LOCAL EDUCATIONAL AGEN- meaning given to such term in section 1141 of most two-thirds need extensive repair. Accord- CIES.—From the amount allocated to a State the Education Amendments of 1978 (25 U.S.C. ing the GAO, 14 million students attend under paragraph (1), each local educational 2021). agency in the State that meets the requirements schools considered below standard or dan- (2) The term ‘‘charter school’’ has the mean- gerous. But in a time of state budget deficits, of section 1112(a) of the Elementary and Sec- ing given such term in section 5210 of the Ele- ondary Education Act of 1965 shall receive an fewer dollars are going to school construction mentary and Secondary Education Act of 1965. amount in proportion to the amount received by projects. (3) The term ‘‘local educational agency’’— such local educational agency under part A of Today’s bill will assist local school districts (A) has the meaning given to that term in sec- title I of that Act for the previous fiscal year rel- with the initial costs of construction and mod- tion 9101 of the Elementary and Secondary Edu- ative to the total amount received by all local ernization and, by investing in energy efficient cation Act of 1965, and shall also include the educational agencies in the State under such Recovery School District of Louisiana and the technology, will result in significant long term part for such fiscal year, except that no local New Orleans Public Schools; and educational agency that received funds under savings. Building green costs about 2 percent (B) includes any public charter school that part A of title I of that Act for such fiscal year more than conventional construction, but can constitutes a local educational agency under shall receive a grant of less than $5,000 in any save 20 times that amount over the life of the State law. fiscal year under this title. (4) The term ‘‘outlying area’’— school. (4) SPECIAL RULE.—Section 1122(c)(3) of the (A) means the United States Virgin Islands, Moreover, green school construction yields Elementary and Secondary Education Act of Guam, American Samoa, and the Common- substantial environmental benefits. Green 1965 shall not apply to paragraphs (1) or (3). wealth of the Northern Mariana Islands; and schools use on average 33 percent less en- (c) SPECIAL RULES.— (B) includes the freely associated states of the ergy and produce less carbon dioxide, nitro- (1) DISTRIBUTIONS BY SECRETARY.—The Sec- Republic of the Marshall Islands, the Federated retary shall make and distribute the reserva- gen oxide, sulfur dioxide, and coarse particu- States of Micronesia, and the Republic of Palau. tions and allocations described in subsections late matter emissions. (5) The term ‘‘State’’ means each of the 50 (a) and (b) not later than 30 days after an ap- With its investment in infrastructure, this bill States, the District of Columbia, and the Com- propriation of funds for this title is made. provides an important economic stimulus. monwealth of Puerto Rico. (2) DISTRIBUTIONS BY STATES.—A State shall (6) The term ‘‘LEED Green Building Rating School districts have many projects ready to make and distribute the allocations described in System’’ means the United States Green Build- go. When this bill is passed, we will see addi- subsection (b)(3) within 30 days of receiving ing Council Leadership in Energy and Environ- tional jobs in the construction industry, includ- such funds from the Secretary. ing suppliers, architects, contractors, and engi- mental Design green building rating standard referred to as LEED Green Building Rating Sys- SEC. 103. ALLOWABLE USES OF FUNDS. neers. tem. A local educational agency receiving a grant Madam Chairman, this legislation is a good, (7) The term ‘‘Energy Star’’ means the Energy under this title may use the grant for mod- long-term investment that will improve edu- Star program of the United States Department ernization, renovation, or repair of public school cation, reduce our energy consumption, and of Energy and the United States Environmental facilities, including— create jobs in local communities. I urge my Protection Agency. (1) repairing, replacing, or installing roofs, colleagues to join me and support this impor- (8) The term ‘‘CHPS Criteria’’ means the green electrical wiring, plumbing systems, sewage sys- tant bill. building rating program developed by the Col- tems, lighting systems, or components of such Mr. KILDEE. Madam Chairman, I laborative for High Performance Schools. systems, windows, or doors; (2) repairing, replacing, or installing heating, TITLE I—GRANTS FOR MODERNIZATION, yield back the balance of my time. ventilation, air conditioning systems, or compo- RENOVATION, OR REPAIR OF SCHOOL The CHAIRMAN. All time for general nents of such systems (including insulation), in- FACILITIES debate has expired. cluding indoor air quality assessments; Pursuant to the rule, the amendment SEC. 101. PURPOSE. (3) bringing public schools into compliance in the nature of a substitute printed in Grants under this title shall be for the purpose with fire and safety codes, including moderniza- the bill shall be considered as an origi- of modernizing, renovating, or repairing public tions, renovations, and repairs that ensure that nal bill for the purpose of amendment kindergarten, elementary, and secondary edu- schools are prepared for emergencies; under the 5-minute rule and shall be cational facilities that are safe, healthy, high- (4) modifications necessary to make public performing, and up-to-date technologically. considered read. school facilities accessible to comply with the The text of the committee amend- SEC. 102. ALLOCATION OF FUNDS. Americans with Disabilities Act of 1990 (42 (a) RESERVATION.—From the amount appro- U.S.C. 12101 et seq.) and section 504 of the Re- ment is as follows: priated to carry out this title for each fiscal year habilitation Act of 1973 (29 U.S.C. 794), except H.R. 3021 pursuant to section 308(a), the Secretary shall that such modifications shall not be the primary Be it enacted by the Senate and House of Rep- reserve 1 percent of such amount, consistent use of the grant; resentatives of the United States of America in with the purpose described in section 101— (5) asbestos abatement or removal from public Congress assembled, (1) to provide assistance to the outlying areas; school facilities; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and (6) implementation of measures designed to re- (a) SHORT TITLE.—This Act may be cited as (2) for payments to the Secretary of the Inte- duce or eliminate human exposure to lead-based the ‘‘21st Century Green High-Performing Pub- rior to provide assistance to Bureau-funded paint hazards though methods including interim lic School Facilities Act’’. schools. controls, abatement, or a combination of each;

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00068 Fmt 4634 Sfmt 6333 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4947 (7) upgrading or installing educational tech- either the combined fiscal effort per student or with such standards and the agency’s efforts to nology infrastructure to ensure that students the aggregate expenditures of the agency and use such funds in an environmentally sound have access to up-to-date educational tech- the State involved with respect to the provision manner; and nology; of free public education by the agency for the (C) any demonstrable or expected benefits as a (8) other modernization, renovation, or repair preceding fiscal year was not less than 90 per- result of the project (such as energy savings, im- of public school facilities to— cent of the combined fiscal effort or aggregate proved indoor environmental quality, improved (A) improve teachers’ ability to teach and stu- expenditures for the second preceding fiscal climate for teaching and learning, etc.). dents’ ability to learn; year. (b) AVAILABILITY OF REPORTS.—A local edu- (B) ensure the health and safety of students SEC. 304. SPECIAL RULE ON CONTRACTING. cational agency shall— and staff; or Each local educational agency receiving a (1) submit the report described in subsection (C) make them more energy efficient; and grant under this Act shall ensure that, if the (a) to the State educational agency, which shall (9) required environmental remediation related agency carries out modernization, renovation, compile such information and report it annually to school modernization, renovation, or repair or repair through a contract, the process for any to the Secretary; and described in paragraphs (1) though (8). such contract ensures the maximum number of (2) make the report described in subsection (a) TITLE II—SUPPLEMENTAL GRANTS FOR qualified bidders, including local, small, minor- publicly available, including on the agency’s LOUISIANA, MISSISSIPPI, AND ALABAMA ity, and women- and veteran-owned businesses, website. SEC. 201. PURPOSE. through full and open competition. (c) REPORTS BY SECRETARY.—Not later than Grants under this title shall be for the purpose SEC. 305. APPLICATION OF GEPA. December 31 of each fiscal year, the Secretary of modernizing, renovating, repairing or con- The grant programs under this Act are appli- shall submit to the Committee on Education and structing public kindergarten, elementary, and cable programs (as that term is defined in sec- Labor of the House of Representatives and the secondary educational facilities that are safe, tion 400 of the General Education Provisions Act Committee on Health, Education, Labor, and healthy, high-performing, and up-to-date tech- (20 U.S.C. 1221)) subject to section 439 of such Pensions of the Senate a report on grants made nologically in order to address such needs Act (20 U.S.C. 1232b). under this Act, including the information de- scribed in subsection (b)(1), the types of mod- caused by damage resulting from Hurricane SEC. 306. GREEN SCHOOLS. ernization, renovation, and repair funded, and Katrina or Hurricane Rita. (a) IN GENERAL.—In a given fiscal year, a the number of students impacted, including the SEC. 202. ALLOCATION TO STATES. local educational agency shall use not less than number of students counted under section (a) STATE-BY-STATE ALLOCATION.—Of the the applicable percentage of funds received 1113(a)(5) of the Elementary and Secondary amount appropriated to carry out this title for under this Act described in subsection (b) for Education Act of 1965. each fiscal year pursuant to section 308(b), the public school modernization, renovation, or re- Secretary shall allocate to Louisiana, Mis- pairs that are— SEC. 308. AUTHORIZATION OF APPROPRIATIONS. sissippi, and Alabama an amount equal to the (1) LEED Green Building Rating System-cer- (a) TITLE I.—To carry out title I, there are number of schools in each of those States that tified or consistent with any applicable provi- authorized to be appropriated $6,400,000,000 for were closed for 60 days or more during the pe- sions of the LEED Green Building Rating Sys- fiscal year 2009 and such sums as may be nec- riod beginning on August 29, 2005, and ending tem; essary for each of fiscal years 2010 through 2013. on December 31, 2005, due to Hurricane Katrina (2) Energy Star-certified or consistent with (b) TITLE II.—To carry out title II, there are or Hurricane Rita, relative to the number of any applicable provisions of Energy Star; or authorized to be appropriated $100,000,000 for schools in all of those States combined that were (3) certified, designed, or verified under or each of fiscal years 2009 through 2013. so closed. meet any applicable provisions of an equivalent The CHAIRMAN. No amendment to (b) STATE ADMINISTRATION.—A State that re- program to the LEED Green Building Rating the committee amendment is in order ceives funds under this title may reserve one- System or Energy Star adopted by the State or except those printed in House Report half of one percent of such funds for adminis- another jurisdiction with authority over the trative purposes related to this title. local educational agency, such as the CHPS Cri- 110–678. Each amendment may be of- (c) GRANTS TO LOCAL EDUCATIONAL AGEN- teria. fered only in the order printed in the CIES.—States receiving funds under subsection (b) APPLICABLE PERCENTAGES.—The applica- report; by a Member designated in the (a) shall allocate such funds to local edu- ble percentages described in subsection (a) are— report; shall be considered read; shall cational agencies within the State according to (1) in fiscal year 2009, 50 percent; be debatable for the time specified in the criteria described in subsection (a). (2) in fiscal year 2010, 60 percent; the report, equally divided and con- (d) SPECIAL RULES.— (3) in fiscal year 2011, 70 percent; trolled by the proponent and an oppo- (1) DISTRIBUTIONS BY SECRETARY.—The Sec- (4) in fiscal year 2012, 80 percent; and retary shall make and distribute the allocations (5) in fiscal year 2013, 90 percent. nent of the amendment; shall not be described in subsection (a) not later than 30 (c) TECHNICAL ASSISTANCE.—The Secretary, in subject to amendment; and shall not be days after an appropriation of funds for this consultation with the Secretary of Energy and subject to a demand for division of the title is made. the Administrator of the Environmental Protec- question. (2) DISTRIBUTIONS BY STATES.—A State shall tion Agency, shall provide outreach and tech- AMENDMENT NO. 1 OFFERED BY MR. KILDEE nical assistance to States and school districts make and distribute the allocations described in The CHAIRMAN. It is now in order to subsection (c) within 30 days of receiving such concerning the best practices in school mod- funds from the Secretary. ernization, renovation, and repair, including consider amendment No. 1 printed in House Report 110–678. SEC. 203. ALLOWABLE USES OF FUNDS. those related to student academic achievement A local educational agency receiving a grant and student and staff health, energy efficiency, Mr. KILDEE. Madam Chairman, as under this title may use the grant for any of the and environmental protection. the designee of the chairman of the activities described in section 103, except that an SEC. 307. REPORTING. committee, I offer a manager’s amend- agency receiving a grant under this title also (a) REPORTS BY LOCAL EDUCATIONAL AGEN- ment. may use such grant for such activities for the CIES.—Local educational agencies receiving a The CHAIRMAN. The Clerk will des- construction of new public kindergarten, ele- grant under this Act shall annually compile a ignate the amendment. mentary, and secondary school facilities. report describing the projects for which such The text of the amendment is as fol- TITLE III—GENERAL PROVISIONS funds were used, including— (1) the number of public schools in the agency; lows: SEC. 301. IMPERMISSIBLE USES OF FUNDS. (2) the number of schools in the agency with Amendment No. 1 offered by Mr. KILDEE: No funds received under this Act may be used a metro-centric locale code of 41, 42, or 43 as de- Page 5, after line 5, insert the following: for— termined by the National Center for Education (9) The term ‘‘public school facilities’’ in- (1) payment of maintenance costs; or Statistics and the percentage of funds received cludes charter schools. (2) stadiums or other facilities primarily used by the agency under title I or title II of this Act (10) The term ‘‘Green Globes’’ means the for athletic contests or exhibitions or other that were used for projects at such schools; Green Building Initiative environmental de- events for which admission is charged to the (3) the number of schools in the agency that sign and rating system referred to as Green general public. are eligible for schoolwide programs under sec- Globes. SEC. 302. SUPPLEMENT, NOT SUPPLANT. tion 1114 of the Elementary and Secondary Edu- Page 5, line 8, insert ‘‘PUBLIC’’ before A local educational agency receiving a grant cation Act of 1965 and the percentage of funds ‘‘SCHOOL’’. under this Act shall use such Federal funds received by the agency under title I or title II of Page 5, beginning on line 12, strike ‘‘kin- only to supplement and not supplant the this Act that were used for projects at such dergarten’’ and all that follows through amount of funds that would, in the absence of schools; and ‘‘that are’’ and insert ‘‘school facilities, such Federal funds, be available for moderniza- (4) for each project— based on their need for such improvements, tion, renovation, and repair of public kinder- (A) the cost; to be’’. garten, elementary, and secondary educational (B) the standard described in section 306(a) Page 8, line 9, strike ‘‘may’’ and insert facilities. with which the use of the funds complied or if ‘‘shall’’. SEC. 303. MAINTENANCE OF EFFORT. the use of funds did not comply with a standard Page 8, line 11, insert ‘‘including extensive, A local educational agency may receive a described in section 306(a), the reason such intensive or semi-intensive green roofs,’’ grant under this Act for any fiscal year only if funds were not able to be used in compliance after ‘‘roofs,’’.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4948 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Page 8, line 14, before the semicolon insert (2) a precipitous decline in the financial re- thousands of construction jobs, and re- ‘‘, including security doors.’’ sources of the local educational agency. ducing school energy costs and pro- Page 8, strike lines 19 through 22, and in- Page 12, line 23, strike ‘‘or repair’’ and in- tecting the environment. This bill pro- sert the following: sert ‘‘repair, or construction’’. (3) bringing public schools into compliance Page 13, beginning on line 12, strike ‘‘or re- vides long overdue investment in pub- with fire, health, and safety codes, including pairs’’ and insert ‘‘repairs, or construction’’. lic school facilities around the country. professional installation of fire/life safety Page 13, line 13, insert ‘‘certified, verified, And this amendment would improve alarms, including modernizations, renova- or consistent with any applicable provisions the bill by ensuring that schools could tions, and repairs that ensure that schools of’’ after ‘‘are’’. use these funds for modernizations, are prepared for emergencies, such as im- Page 13, strike lines 14 through 24 and in- renovations, and repairs including proving building infrastructure to accommo- sert the following: green roofs; abatement of poly- (1) the LEED Green Building Rating Sys- date security measures; chlorinated biphenyls and mold and Page 9, line 4, insert ‘‘or polychlorinated tem; biphenyls’’ after ‘‘asbestos’’. (2) Energy Star; mildew; and various security measures. Page 9, after line 9, insert the following: (3) the CHPS Criteria; Highlighting the need for improve- (7) implementation of measures designed (4) Green Globes; or ments to science and engineering lab- to reduce or eliminate human exposure to (5) an equivalent program adopted by the oratories, libraries, career and tech- mold or mildew. State or another jurisdiction with authority nical education facilities, especially Page 9, line 10, strike ‘‘(7)’’ and insert over the local educational agency. those related to energy efficiency and ‘‘(8)’’. Page 14, line 13, strike ‘‘and repair,’’ and Page 9, after line 12, insert the following: insert ‘‘repair, and construction,’’. renewable energy, and to facilitate ac- (9) modernization, renovation, or repair of Page 14, line 21, before the semicolon insert cess to schools by different modes of science and engineering laboratory facilities, ‘‘, including the number of charter schools’’ transportation; strengthening language libraries, and career and technical education Page 14, after line 21, insert the following: ensuring charter schools’ eligibility for facilities, including those related to energy (2) the total amount of funds received by these funds, which was asked for from efficiency and renewable energy, and im- the local educational agency under this Act the other side; expanding local flexi- provements to building infrastructure to ac- and the amount of such funds expended, in- bility by adding ‘‘Green Globes’’ to the commodate bicycle and pedestrian access; cluding the amount expended for moderniza- list of green rating systems; adding re- Page 9, line 13, strike ‘‘(8)’’ and insert tion, renovation, repair, or construction of ‘‘(10)’’. charter schools; porting requirements to ensure local Page 9, line 20, strike ‘‘(9)’’ and insert Page 14, line 22, strike ‘‘(2)’’ and insert accountability; and clarifying that no ‘‘(11)’’. ‘‘(3)’’. funds may be used to employ undocu- Page 9, line 21, insert ‘‘public’’ before Page 14, line 22, insert ‘‘public’’ before mented workers and requiring that ‘‘school’’. ‘‘schools’’. school districts receiving these funds Page 9, line 22, strike ‘‘(8).’’ and insert Page 15, line 3, strike ‘‘(3)’’ and insert have a policy requiring a criminal ‘‘(10).’’. ‘‘(4)’’. background check on their employees. Page 10, beginning on line 6, strike ‘‘kin- Page 15, line 3, insert ‘‘public’’ before dergarten’’ and all that follows through ‘‘schools’’. I want to thank the many Members ‘‘that are’’ and insert ‘‘school facilities, Page 15, line 9, strike ‘‘(4)’’ and insert whose input is reflected in this amend- based on their need for such improvements, ‘‘(5)’’. ment: Representatives ARCURI, BAIRD, to be’’. Page 15, line 8, strike ‘‘and’’. CROWLEY, HASTINGS of Florida, HOOLEY, Page 10, beginning on line 9, strike ‘‘in Page 15, line 22, strike the period at the KLEIN of Florida, LEE, MATHESON, order’’ and all that follows through ‘‘Rita’’ end and insert ‘‘; and’’. MCCARTHY, MITCHELL, PATRICK MUR- on line 10. Page 15, after line 22, insert the following: Page 11, line 16, strike ‘‘may use the grant (6) the total number and amount of con- PHY, RICHARDSON, SUTTON, WELCH, and for any’’ and insert ‘‘shall use the grant for tracts awarded, and the number and amount WU. one or more’’. of contracts awarded to local, small, minor- I encourage my colleagues to support Page 11, line 19, strike ‘‘kindergarten, ele- ity, women, and veteran-owned businesses. this amendment. mentary, and secondary’’. Page 16, beginning on line 13, strike ‘‘and Madam Chairman, I reserve the bal- Page 12, beginning on line 9, strike ‘‘and repair’’ and insert ‘‘repair, and construc- ance of my time. repair’’ and all that follows through ‘‘edu- tion’’. cational’’ and insert ‘‘repair, and construc- Page 16, after line 25, insert the following Mr. MCKEON. Madam Chairman, I tion of public school’’. (and amend the table of contents accord- claim time in opposition to the amend- Page 12, after line 10, insert the following ingly): ment. (and amend the table of contents accord- SEC. 309. SPECIAL RULES. The CHAIRMAN. The gentleman ingly): Notwithstanding any other provision of from California is recognized for 5 min- SEC. 302A. PROHIBITION REGARDING STATE AID. this Act, none of the funds authorized by this utes. A State shall not take into consideration Act may be— Mr. MCKEON. Madam Chairman, I payments under this Act in determining the (1) used to employ workers in violation of yield myself such time as I may con- eligibility of any local educational agency in section 274A of the Immigration and Nation- that State for State aid, or the amount of ality Act (8 U.S.C. 1324a); or sume. State aid, with respect to free public edu- (2) distributed to a local educational agen- I oppose this amendment, Madam cation of children. cy that does not have a policy that requires Chairman, for the same reason I oppose Page 12, line 12, insert ‘‘(a) IN GENERAL.— a criminal background check on all employ- the underlying bill. ’’ before ‘‘A local’’. ees of the agency. This proposal radically shifts the Page 12, after line 19, insert the following: Page 17, strike the title amendment and Federal role in education. This new (b) REDUCTION IN CASE OF FAILURE TO insert the following: school construction program will com- MEET.— Amend the title so as to read: ‘‘A bill to di- (1) IN GENERAL.—The State educational rect the Secretary of Education to make pete for funding with other critical pri- agency shall reduce the amount of a local grants to State educational agencies for the orities like title I and IDEA. And no educational agency’s grant in any fiscal year modernization, renovation, or repair of pub- matter what the other side tries to tell in the exact proportion by which a local edu- lic school facilities, and for other purposes.’’. you, every dollar spent under this leg- cational agency fails to meet the require- The CHAIRMAN. Pursuant to House islation is a dollar that won’t be spent ment of subsection (a) of this section by fall- Resolution 1234, the gentleman from improving academic achievement for ing below 90 percent of both the combined disadvantaged children. fiscal effort per student and aggregate ex- Michigan (Mr. KILDEE) and a Member penditures (using the measure most favor- opposed each will control 5 minutes. Here in Congress our job is to set pri- able to the local agency). The Chair recognizes the gentleman orities. Are we really saying that it’s (2) SPECIAL RULE.—No such lesser amount from Michigan. more important to fund bicycle racks, shall be used for computing the effort re- Mr. KILDEE. I thank Chairwoman as this substitute would do, than it is quired under subsection (a) of this section SLAUGHTER and the Rules Committee to provide funds for schools to serve for subsequent years. for their work and for making this children with disabilities? I don’t deny (c) WAIVER.—The Secretary shall waive the amendment in order. that schools can use bicycle racks, but requirements of this section if the Secretary determines that a waiver would be equitable Madam Chairman, this bill would ad- I challenge anyone to explain why due to— dress three critical issues facing our that’s a priority for scarce Federal dol- (1) exceptional or uncontrollable cir- country: closing the achievement gap, lars when title I and IDEA continue to cumstances, such as a natural disaster; or boosting the economy by creating be funded below their authorized level.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4949 I also think this entire debate is a Additionally, I would like to thank House Democrats, 86 percent opposed distraction from the most immediate the distinguished chairman of the Edu- increasing supply. financial concern facing many school cation and Labor Committee, along Coal to liquid is another thing that systems and every family in this Na- with his staff, for their work to bring should increase the supply, which tion: That’s the high price of gasoline. this legislation to the floor today. would then meet the demand and help School districts are struggling just to Mr. MCKEON. Madam Chairman, I lower gasoline prices. House Repub- fill the tanks on their school buses. continue to reserve the balance of my licans voted 97 percent to support coal They’re scaling back field trips and ac- time. to liquid; House Democrats, 78 percent tivities. And some schools are even Mr. KILDEE. Madam Chairman, I am opposed that. moving to a 4-day school week to save pleased to yield 1 minute to the gentle- Oil shale exploration, which again on energy costs. Just like the rest of woman from California (Ms. RICHARD- would increase supply and meet the de- the country, our schools need energy SON). mand and lower prices. House Repub- relief and they need it now. Ms. RICHARDSON. Madam Chair- licans, 90 percent supported it; House But we’re not here today to discuss man, I want to thank Chairman MIL- Democrats, 86 percent opposed. how we can produce more American- LER for putting this important legisla- This goes on and on and on. What we made energy. We’re not here to pro- tion together, and I applaud his re- are saying on our side is we will sup- mote new clean and reliable sources of sourcefulness for including my provi- port exploration, conservation, renew- energy like advanced nuclear and next- sion within this amendment that so- able, all sources of increasing supply to generation coal. We’re not even here to lidifies the eligibility for grants to be get energy independent. The other side encourage greater energy efficiency by used in the construction of green roofs says we can’t do this, we can’t do this, offering conservation tax incentives to at public schools. we can’t do this; let’s keep buying oil Americans who make their home, car, Throughout the past decade, green from Iraq and Iran and Saudi Arabia and businesses more energy efficient. roofs have proven to be a cost-effective and Venezuela and not become inde- Instead, we are proposing a big govern- and an environmentally conscious way pendent. ment program to exert Federal control of lowering utility costs by insulating over how States and local communities buildings from extreme temperatures b 1815 build their schools. It’s the classic and reducing the sewer system and I urge a ‘‘no’’ vote on this amend- Washington approach to problem solv- wastewater treatment costs. In addi- ment. ing: If we just kick in a little bit of tion, green roofs diminish air pollution Mr. KILDEE. The gentleman from money, we’ll be able to wield our power by using plants to collect airborne par- California suggested that this bill and influence over the decisions that ticles and produce oxygen through pho- would impose Federal control over used to be made by individual citizens tosynthesis. Green roofs also decrease local decisions. But, again, representa- and local leaders. Surely Washington costs associated with roofing mainte- tives of local parents, teachers, prin- must know best when it comes to nance by lengthening the lifespan and cipals and superintendents are in where our children learn. durability of the roofs. And, also, more strong support of this bill. The Counsel Madam Chairman, I oppose this importantly, it gives young people an of Great City Schools says it gets these amendment, I oppose this legislation, opportunity to see real learning experi- funds to schools with a minimum of red and I oppose the fact that Congress has ences work. tape. Now they are the ones that are yet to do anything to address the sky- I ask my colleagues to seriously really on the front line. We have our rocketing cost of energy. evaluate this legislation and pass this level of expertise here in this Congress Madam Chairman, I reserve the bal- amendment and pass H.R. 3021. on education, but the groups I have ance of my time. Mr. MCKEON. Madam Chairman, I mentioned are really on the front lines Mr. KILDEE. Madam Chairman, I am yield myself the balance of my time. every day and they see the need out pleased to yield 1 minute to the gen- We have been kind of talking about there, and they feel that this bill would tleman from Florida (Mr. KLEIN). supply and demand in energy. Today distribute these funds for this purpose Mr. KLEIN of Florida. Madam Chair- we are also talking supply and demand with a minimum of red tape. I believe man, I rise in support of H.R. 3021, the of money. There’s unlimited demand that to be the case. 21st Century Green High-Performing for resources, but there is somewhat Madam Chairman, I yield back the Public Schools Facilities Act. limited supply. And what we’re talking balance of my time. I was proud to work with the chair- about in this bill is that the demand is The CHAIRMAN. The question is on man and Mr. BLUMENAUER to authorize for the Federal Government to get in- the amendment offered by the gen- the use of funds to improve building in- volved in local school construction. tleman from Michigan (Mr. KILDEE). frastructure to facilitate bike and pe- I served on a local school board, and The question was taken; and the destrian access. This could include I met with a lot of other people that Chairman announced that the ayes ap- bike storage facilities, safety lighting, served on local school boards, and I peared to have it. lockers, safe travel routes on school know what they’re going to want to do. Mr. KILDEE. Madam Chairman, I de- grounds for bicyclists and pedestrians, They are going to want to turn to the mand a recorded vote. and more. Federal Government and take all the The CHAIRMAN. Pursuant to clause Alternative modes of transportation money that’s available, and then they 6 of rule XVIII, proceedings on the and storage facilities for bicycles are will use that to build the schools, and amendment offered by the gentleman recognized by the U.S. Green Building then they’ll find other ways to spend from Michigan will be postponed. Council as criteria for obtaining cer- the money that they’ve been spending AMENDMENT NO. 2 OFFERED BY MR. EHLERS tification as a green school and are on schools for other things. That’s how The CHAIRMAN. It is now in order to critical to reducing emissions and the supply and demand works. You kind of consider amendment No. 2 printed in carbon footprint of our Nation’s take what’s available and fill up the House Report 110–678. schools. gap. Mr. EHLERS. I have an amendment With skyrocketing gas prices, Amer- I was home last week, as most of us at the desk. ican families are feeling the pain at the were, for the break, and I hadn’t been The CHAIRMAN. The Clerk will des- pump. It’s my hope that this amend- home for a couple of weeks. I was ignate the amendment. ment will help ease that burden by en- shocked at what the gas prices were, The text of the amendment is as fol- couraging students, just as we did, to and they went up about 20 cents during lows: walk and bike to school rather than the week while I was home. And it’s all catch a ride with their parents or drive based on supply and demand. Amendment No. 2 offered by Mr. EHLERS: themselves. I would like to thank my We have had several votes over the Page 11, line 25, strike ‘‘or’’. Page 12, line 3, strike the period at the end friend Representative BLUMENAUER for last 16 years that I have been here in and insert ‘‘; or’’. working with me on this important Congress. We voted to explore for more Page 12, after line 3, insert the following provision and commend him for his oil in the ANWR. House Republicans, 91 new paragraph: tireless work on this issue. percent supported increasing supply; (3) purchasing carbon offsets.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4950 CONGRESSIONAL RECORD — HOUSE June 4, 2008 The CHAIRMAN. Pursuant to House I yield back the balance of my time. of the increasing traditional energy Resolution 1234, the gentleman from The CHAIRMAN. The question is on sources on our schools by reducing the Michigan (Mr. EHLERS) and a Member the amendment offered by the gen- schools’ dependence on traditional opposed each will control 5 minutes. tleman from Michigan (Mr. EHLERS). sources. This amendment makes a sim- The Chair recognizes the gentleman The question was taken; and the ple change, but it is an important one, from Michigan. Chairman announced that the ayes ap- as it serves to provide school districts Mr. EHLERS. One part about this peared to have it. with greater flexibility in the use of bill that is probably worthwhile is the Mr. MCKEON. Madam Chairman, I these dollars. effort to reduce energy use, and in par- demand a recorded vote. ticular to reduce the carbon footprint, The CHAIRMAN. Pursuant to clause Madam Chairman, 82 percent of the as it has come to be called, although I 6 of rule XVIII, further proceedings on 475 public schools in my home State of have always joked that I prefer ‘‘car- the amendment offered by the gen- New Hampshire were built prior to bon tire tracks’’ because we produce a tleman from Michigan will be post- 1981, and 36 were built prior to 1951. lot more carbon dioxide with our cars poned. Just think of all the advances that than from other common sources. Nev- AMENDMENT NO. 3 OFFERED BY MR. WELCH OF have been made in heating and energy ertheless, this bill allows schools to use VERMONT efficiency technologies since then. The funds to reduce the carbon footprint of The CHAIRMAN. It is now in order to underlying legislation will certainly their schools. consider amendment No. 3 printed in help modernize these schools, and with As I perused this bill, I realized that House Report 110–678. our amendment, H.R. 3021, will do even it was entirely possible that the Mr. WELCH of Vermont. As the des- more by allowing school districts to schools might decide to use the Federal ignee of Ms. SHEA-PORTER of New make critical investments in sustain- funds to purchase carbon offsets or car- Hampshire, I call up an amendment able heating and energy solutions. bon credits. To me, that would make made in order by the rule. absolutely no sense whatsoever. Be- The CHAIRMAN. The Clerk will des- Madam Chairman, the Shea-Porter/ cause schools are small, they do not ignate the amendment. Welch/Arcuri/Hodes amendment is sup- emit huge amounts of carbon dioxide, The text of the amendment is as fol- ported by the National Education Asso- and the money that they might want lows: ciation, and it deserves the support of to use for that can much better be used Amendment No. 3 offered by Mr. WELCH of our colleagues as well. I urge a ‘‘yea’’ to improve insulation in the schools, Vermont: vote on this amendment and the under- Page 9, after line 12, insert the following: improve the insulation in the walls, lying legislation. Let’s invest in our (8) renewable energy generation and heat- school infrastructure in an environ- improve the type of windows so that ing systems, including solar, photovoltaic, there’s less energy escaping. There are wind, geothermal, or biomass, including mentally and economically sound way. many modifications that can be made wood pellet, systems or components of such Mr. MCKEON. Madam Chairman, I that would reduce energy use, and by systems; claim time in opposition to the amend- reducing energy use, you reduce the Page 9, line 13, strike ‘‘(8)’’ and insert ment, although I don’t expect to op- ‘‘(9)’’. carbon footprint. Page 9, line 20, strike ‘‘(9)’’ and insert pose its passage. I would also maintain that it is much ‘‘(10)’’. more effective to reduce the energy The CHAIRMAN. Without objection, Page 9, line 22, strike ‘‘(8).’’ and insert the gentleman from California is recog- use, whether it’s by better insulation ‘‘(9).’’. nized for 15 minutes. or by sealing the windows, or putting The CHAIRMAN. Pursuant to House in the appropriate type of glass. It’s Resolution 1234, the gentleman from There was no objection. much more cost-effective in reducing Vermont (Mr. WELCH) and a Member Mr. MCKEON. I yield myself such the carbon footprint than it would be opposed each will control 15 minutes. time as I may consume. to buy carbon offsets. So it seems to The Chair recognizes the gentleman This amendment allows funding me that we should make certain that from Vermont. under the massive new program to be no school would ever attempt to use Mr. WELCH of Vermont. At this time used for renewable energy generation Federal funds, if this bill passes, for I recognize the principal author of this and heating systems in schools. Clear- the purpose of buying carbon credits. amendment, Congresswoman CAROL ly, this amendment recognizes that This is not because I oppose carbon SHEA-PORTER of New Hampshire. credits. I think this is something that Ms. SHEA-PORTER. I am proud to schools are grappling with the high in fact we will be facing shortly be- offer this amendment alongside my cost of energy, and they need help. I cause the Senate is working on a bill colleagues, Representatives WELCH, couldn’t agree more. But we are ac- on that issue, but I am simply for effi- ARCURI, and HODES, and I thank them knowledging that schools, like the rest ciency, not wasting money, making for their hard work on this amend- of the country, are being burdened by certain that the money that is in this ment. I would also like to thank Chair- the skyrocketing costs of gasoline, die- bill, if this bill passes, will be used man MILLER, Subcommittee Chairman sel fuel, and other energy sources. I’d wisely and will be used to conserve en- KILDEE, and Representatives CHANDLER like to know why we are not having a ergy, not to purchase carbon offsets. and LOEBSACK for their hard work on real debate about energy solutions. With that in mind, I offer this bill to this legislation. Giving schools a little bit of money make certain that money is not im- Madam Chairman, energy and heat- for renewable energy generation and properly used and to make sure that we ing costs are on the rise and commu- heating systems, while ignoring the use the funds efficiently. nities across the country are feeling problem of rising gasoline, diesel, and With that, I reserve the balance of the pinch. Now more than ever, it’s im- my time. other energy costs, will not solve the portant to focus on sustainable forms problems our schools are facing. In the Mr. KILDEE. Madam Chairman, I of energy and heating production. rise to claim time in opposition, al- Northeast, for instance, we know that Going green is not only the right thing many schools rely on home heating oil though I do not intend to oppose the to do for our environment and for na- amendment. during the winter months. Clearly, a The CHAIRMAN. Without objection, tional security reasons, but it’s the fi- one-size-fits-all approach isn’t going to the gentleman from Michigan is recog- nancially responsible thing to do as work. well. nized for 5 minutes. What we need are comprehensive en- There was no objection. The Shea-Porter/Welch/Acuri/Hodes Mr. KILDEE. We have looked at the amendment builds on the positive steps ergy solutions. We need to expand pro- amendment and we feel we can accept taken in H.R. 3021 by specifying that duction here at home, something my it on this side. I would urge a ‘‘yes’’ the funds authorized by this act may friends on the other side of the aisle vote. be used to invest in sustainable solu- have historically opposed 86 percent of I yield back the balance of my time. tions that meet the energy and heating the time. We need to encourage innova- Mr. EHLERS. I just wish to state needs of our Nation’s school facilities. tion and invest in new fuel alter- that I appreciate the gentleman from Sustainable solutions such as geo- natives, and we need to promote con- Michigan, the other gentleman from thermal, solar, wind, and biomass tech- servation. Only by embracing meaning- Michigan accepting this amendment. nologies will help to mitigate the costs ful energy reforms will we finally be

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4951 able to move toward energy independ- it might be too soon to qualify the ac- sources that are plentiful throughout ence and provide our schools, espe- tual monthly cost savings, I think it is New Hampshire. For example, under cially those impacted by the sky- safe to say that a building 43 percent this new program, the program would rocketing costs of heating oil, much more energy efficient will realize sig- help invest more than half a million needed relief. That is why I am so dis- nificant cost savings in the future and dollars for Concord, New Hampshire’s appointed in this legislation. It’s quite allow a school district to spend re- school district, and almost $1.5 million simply the wrong solution to the wrong sources where they are most needed, on for Nashua, New Hampshire’s schools. problem. better educating our students, hiring These dollars will allow our schools to If the question is how should the Fed- more teachers, and to fund under- reinvest in cost-effective and clean al- eral Government help our schools, the funded programs like the IDEA. ternative energy. answer is by funding programs that The second component of this amend- Schools throughout New Hampshire promote academic achievement for dis- ment I wish to highlight is wood pellet are already investing to a limited ex- advantaged children. If the question is energy. Wood has the potential to meet tent in renewable energy and saving how should the Federal Government our Nation’s energy needs in a safe and money. For example, Merrimack Val- help schools burdened by high energy environmentally responsible way. ley High School and Middle School re- costs, the answer is by taking decisive Studies show that commodities can cently switched to wood biomass to action to increase energy production save significant taxpayer funds by heat their school facilities. In just one here at home, and red tape and regula- switching to wood energy for heating winter, the school district saved $80,000 tions encourage next generation energy schools. For example, communities can in heating costs, and that was before sources and promote conservation. save as much as 50 percent over natural the recent steep rise in the price of a The bill achieves none of these goals. gas, 80 percent over propane, 80 percent barrel of oil. From March to March, I won’t oppose passage of this amend- over electric heat and 50 percent over that is $1.50 a gallon for heating oil ment, but I strongly oppose passage of oil by switching to wood energy. that the costs have gone up, so we can this legislation. Especially in the upstate New York only imagine what they will save in I reserve the balance of my time. district that I represent, with its boun- the coming winter. Mr. WELCH of Vermont. I yield 4 tiful forest resources, wood energy As you can see, the alternative ener- minutes to the gentleman from New such as biomass offers an array of eco- gies we promote here will help save York (Mr. ARCURI). nomic environmental benefits com- money for our Nation’s school districts Mr. ARCURI. I thank my colleague pared to traditional fossil fuels. Both in power and heating costs. That from Vermont for yielding. I would like geothermal and wood energy systems means schools will have more dollars to also thank the chairman, Chairman can be fueled by renewable local re- to invest in improving our children’s MILLER, and Subcommittee Chairman sources. This keeps energy dollars cir- education. It means our school dis- KILDEE for this wonderful piece of leg- culating in the local and regional econ- tricts can afford more teachers in the islation. omy, instead of flowing to other na- classroom, more computers for our stu- Madam Chairman, I rise today in tions. These systems also aid local dents and smaller class sizes to give strong support of this amendment, budgets by providing lower and more our kids more individual attention. It which would allow schools to purchase stable fuel costs for our schools. In- means that our wise investments in and install renewable energy genera- vestments like this benefit the whole this bill will pay huge dividends. tion systems. Our amendment would community by relieving pressure on Energy efficiency, conservation and allow schools to choose from a diverse local budgets and associated tax rates, renewable energy are the key to a se- selection of renewable energy sources. leading to healthier communities. Un- cure energy future for the United But I would like to specifically high- like some other renewable energy sys- States of America. We can’t drill our light two that pose significant poten- tems, both geothermal and biomass way out of the energy crisis we face. tial: Geothermal and biomass wood pel- systems can run continuously and pro- Green is the new red, white and blue. let systems. vide a constant level of power through- To create a 21st century energy pol- Just last week during the Memorial out the day. icy, we must all collectively make Day District Work Period, I had an op- Beyond the amendment my col- changes in how we power our buildings portunity to tour the Cayuga-Onon- leagues and I are offering today, it is in both the private and public sector. daga BOCES in Auburn, New York, and also worth noting the overall benefits This amendment will help our schools received a firsthand look at a geo- of the underlying legislation. Everyone become leaders in an energy plan for thermal heating and cooling system in in this Chamber, Republican and Dem- the 21st century and give our school action. The Cayuga-Onondaga BOCES ocrat, understands the importance of districts more resources to invest in completed installation last July of a lowering energy prices. our children’s education. I am proud to closed-loop geothermal system. The The 21st Century Green High-Per- support this amendment. I urge its pas- system includes 200 wells around the forming Public School Facilities Act sage. campus, 330 feet deep, that tap into the represents a trifecta of sound public Mr. MCKEON. Madam Chairman, I earth’s constant ground temperature policy. It improves the education sys- yield myself 1 minute. at a level of 55 degrees. The system cir- tem for our children, it does so in an As the gentleman that just spoke culates that 55-degree air temperature environmentally friendly way that de- said, we cannot drill our way into en- year round throughout the buildings on creases our dependence on finite fossil ergy independence. I agree, because the campus. fuels, and it creates jobs for hard- over the past 12 years, every time we working middle class families. I urge have had a vote to give us an oppor- b 1830 my colleagues to support this amend- tunity to explore and find more oil to In the winter, the system relies on a ment and the underlying legislation. get us past the gap to where all these boiler to slightly increase the air tem- Mr. WELCH of Vermont. Madam other things that they are talking perature on the campus to a com- Chairman, I yield 3 minutes to the gen- about will work, 91 percent of House fortable level of 68 degrees, requiring tleman from New Hampshire (Mr. Republicans have historically sup- substantially less energy than normal, HODES). ported the increase of production of and in the warm summer months, the Mr. HODES. Madam Chairman, I American-made oil and gas, while 86 system needs no additional energy thank the gentleman for yielding. percent of House Democrats have his- whatsoever to cool the buildings on I want to first thank my colleagues, torically voted against increasing the campus. Ms. SHEA-PORTER, Mr. WELCH and Mr. production of American-made oil and The New York State Energy Re- ARCURI, for their work on this impor- gas. search Development Authority re- tant amendment. This amendment will Ten years ago when we passed an en- cently conducted a study that found help schools in my district in New ergy bill that would let us drill in the the system to be a remarkable 43 per- Hampshire to power their classrooms ANWR which would reduce gas prices cent more energy efficient than a with alternative energy sources, in- now 70 cents to $1.60 a gallon, and that building built to standard code. While cluding wood pellets and wood biomass, would be in production now and we

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4952 CONGRESSIONAL RECORD — HOUSE June 4, 2008 would be receiving that benefit, Presi- Let me just give you a couple of ex- I have traditionally opposed the con- dent Clinton vetoed that bill. amples in Vermont. We have 32 schools cept of the Federal Government di- So, yes, we can’t drill our way out of that have transitioned to wood bio- rectly funding school construction and it. We have to sit here and buy oil from mass. These are small schools, but they renovation. However, I believe the leg- countries around the globe that want have saved over 1 million gallons of islation today provides an excellent op- to see us destroyed, and I don’t see how home heating oil. Home heating oil portunity to advance what should be we possibly can continue to go on put- now in Vermont, the last bill I paid an increasingly prominent component ting ourselves in that position. We was $4.30 a gallon. That is over $4 mil- of Federal education policy, active pro- need to find new energy, and we need lion. That also, as my colleague Mr. motion and assistance for rigorous to do it now. ARCURI said, is a trifecta, because it re- science, math and technology programs Madam Chairman, as I said, I will not duced carbon emissions by 11,000 tons. at the secondary level. oppose this amendment. I oppose the It also provided jobs to local Science, math and technology underlying bill for many, many rea- Vermonters who are providing the schools throughout the country enable sons. basic material that provided the en- students to cultivate a spirit of dis- I yield back the balance of my time. ergy to these schools. covery and innovation. More impor- Mr. WELCH of Vermont. Madam So this is an extraordinary incentive tantly, they give some of our best and Chairman, I yield myself such time as for our local schools to try to save our very brightest the ability to com- I may consume to just briefly close. money. That is a burden that is im- pete with similarly talented students Madam Chairman, there are two mense on the property taxpayers, and from other countries around the world. issues that have been debated during this is a practical piece of legislation In my district, Thomas Jefferson the course of this proposed amend- that allows our communities and our High School for Science and Tech- ment. One is what is the proper way to schools to take positive steps to reduce nology is a perfect example of the type try to provide new supplies of oil. the bottom line. of institution we should be promoting There is a debate here, as Mr. I urge, along with my colleagues who nationwide. TJ, as we call it, is part of MCKEON has outlined it, and it has have offered this amendment, led by the Fairfax County public school sys- been carried on in many other bills re- Congresswoman CAROL SHEA-PORTER, a tem, but draws applicants from across lating to energy, about the possibility ‘‘yes’’ vote on this amendment. five counties and two cities in North- of the United States drilling and cap- I yield back the balance of my time. ern Virginia, selecting 500 students turing more oil and natural gas here in The CHAIRMAN. The question is on from a pool of several thousand appli- our own territorial boundaries. The the amendment offered by the gen- cants. While TJ tops the list of U.S. premise, of course, is if we did that, we tleman from Vermont (Mr. WELCH). News and World Report’s list of Amer- would be able significantly to address The question was taken; and the ica’s best high schools, its building and the problem, and it also has as a Chairman announced that the ayes ap- infrastructure is deteriorating and in premise that the obstacles to drilling peared to have it. need of repair. It also needs access to are what is causing us not to drill. Mr. WELCH of Vermont. Madam increasingly advanced laboratory fa- In fact, that simply is not true. Chairman, I demand a recorded vote. cilities to provide cutting edge pro- There are tens of millions of acres of The CHAIRMAN. Pursuant to clause grams and study. federally owned land that are leased to 6 of rule XVIII, further proceedings on I appreciate the concerns of my col- the oil and gas companies, and only 28 the amendment offered by the gen- leagues regarding an expanded Federal percent of acres on shore and only 20 tleman from Vermont will be post- role in school construction. I want to percent of the acres offshore where poned. note, however, that there can be a role there actually are leases left are pro- AMENDMENT NO. 4 OFFERED BY MR. DAVIS OF for Congress to play. ducing oil and gas. So there is an enor- VIRGINIA mous capacity already that is out The CHAIRMAN. It is now in order to b 1845 there for oil and gas companies to do consider amendment No. 4 printed in One of our congressional accomplish- the drilling. Why they don’t, I guess we House Report 110–678. ments was closing the Lorton Prison would have to ask them. But it is hard Mr. DAVIS of Virginia. Madam and putting some of that land into the to imagine that there is a disincentive Chairman, I have an amendment made public school system in Fairfax County for them to take these leases that they in order under the rule. in which South County High School have, giving them the opportunity to The CHAIRMAN. The Clerk will des- was built, a public-private partnership. drill, when we have got oil that hovers ignate the amendment. As we debate added Federal partici- around $130 a barrel. So the suggestion The text of the amendment is as fol- pation in school construction mainte- that that is the problem I think is in- lows: nance, I am ready to set aside pre- correct. Amendment No. 4 offered by Mr. DAVIS of existing qualms to make sure that Secondly, the United States, and we Virginia: schools focused on science, math, and have got to face this, we have 2 percent Page 8, after line 6, insert the following: technology receive the focus they of the world’s oil supply. That is it. Yet (3) DISTRIBUTIONS BY LOCAL EDUCATIONAL merit. Make no mistake, these individ- we consume 24 percent of the oil. So if AGENCIES.—A local educational agency re- uals and skills that these students pos- ceiving a grant under this title may give pri- we think that it is going to be a long- ority, in using the grant, to projects to be sess will be the foundation of our econ- term approach to dealing with the in- carried out in a public secondary school rec- omy in the coming years. It is in our creasing cost of oil when we are using ognized as a Science and Technology High interest to give them the foundation 24 percent and we only have 2 percent School or as a secondary school with a they will need to excel in a world that of the known reserves, I think that is science and technology program. is quickly catching up with us. going to fall on its own weight. The CHAIRMAN. Pursuant to House In closing, I want to thank Chairman The second issue really is putting Resolution 1234, the gentleman from MILLER and his staff for their willing- aside that debate about what is the Virginia (Mr. DAVIS) and a Member op- ness to work with me on this issue. I long-term, shall we be drilling or not, posed each will control 5 minutes. look forward to continuing this effort it begs the question of whether The Chair recognizes the gentleman as this legislation moves forward, and I shouldn’t we be doing everything that from Virginia. urge my colleagues to support the is within our capacity right now to Mr. DAVIS of Virginia. Madam amendment. give tools to local communities to save Chairman, I yield myself such time as I reserve the balance of my time. money on their energy costs and don’t I may consume. Mr. KILDEE. Madam Chairman, I make the policy argument about I rise today to offer an amendment to rise to claim the time in opposition, al- whether we should or shouldn’t be H.R. 3021 that would allow local edu- though I do not intend to oppose the drilling be an impediment to taking cation priority consideration for amendment. the concrete step that this bill pro- science and technology schools once The CHAIRMAN. Without objection, poses to give our schools the tools they grant funds reach their State’s local the gentleman from Michigan is recog- need to save money. educational agencies. nized for 5 minutes.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4953 There was no objection. appreciation to Mr. STUPAK for all of Visclosky amendment, and encourage Mr. KILDEE. First of all, I want to his hard work on this initiative, but my fellow Members to vote for final thank the gentleman from Virginia also would like to thank the chairman passage of this important bill. (Mr. DAVIS) for his work on this bill of the full committee as well as the Mr. ENGLISH of Pennsylvania. and for all his work here in the Con- ranking member for their work on this Madam Chairman, I rise the claim the gress. He has been a distinguished important bill, as well as the chair- time on this side in favor of this Member of this Congress, one who loves woman of the Rules Committee for amendment. this institution. And as he goes off in making this amendment in order. The CHAIRMAN. Without objection, other pursuits, I certainly wish him The amendment would require all the gentleman is recognized for 5 min- well. iron and steel purchased with funds au- utes. I look around this Congress, and you thorized by this act to use only Amer- There was no objection. see on both sides of the aisle people for ican-made steel. This stems from a Mr. ENGLISH of Pennsylvania. whom you have great respect, and he Steel Caucus hearing that was held in Madam Chairman, I rise today in certainly has my respect. His interest April, where we learned that the gov- strong support of this amendment, in science and technology makes him ernment does not have an established which would require local education the natural one to have the expertise process to monitor the safety of steel agencies to use American steel and in this and apply that to our K–12 imports. We also learned that foreign iron for modernization, renovation, or schools. imports from China, for example, do repair projects, such as at a public I yield back the balance of my time. not adhere to international standards school facility. As the past chairman of Mr. DAVIS of Virginia. I just want to and guidelines when they manufacture the Congressional Steel Caucus and as thank the gentleman for making this steel. the current vice chairman of that body, amendment in order. I appreciate his If the school construction projects I have been working for some time on support as the legislation moves for- provided under this act are to be truly a bipartisan basis to promote policies ward. safe for our children, then we must en- to provide for the use of American steel I yield back the balance of my time. sure that the steel used is American. If precisely in these sorts of settings. The CHAIRMAN. The question is on we buy only American steel for our Madam Chairman, you may recall the amendment offered by the gen- schools, we will know that it adheres one of my favorite books which was tleman from Virginia (Mr. DAVIS). to our safety and quality standards, Robert Penn Warren’s remarkable The amendment was agreed to. and would encourage my colleagues to novel, All the King’s Men, in which the AMENDMENT NO. 5 OFFERED BY MR. VISCLOSKY support the Stupak-Visclosky amend- anti-hero Willie Stark is thrust into The CHAIRMAN. It is now in order to ment to keep our schools safe and to prominence because he takes on the consider amendment No. 5 printed in vote for passage of the underlying local political machine, the local polit- House Report 110–678. measure. ical machine which is building a Mr. VISCLOSKY. Madam Chairman, Madam Chairman, I recognize the schoolhouse with cheap materials at I rise as the designee for Mr. STUPAK to gentleman from Ohio (Mr. WILSON) for risk to students. He raises this issue; claim time in support of the amend- 11⁄2 minutes. he is ignored, but in the end he is vin- ment offered. Mr. WILSON of Ohio. Madam Chair- dicated because once the schoolhouse is The CHAIRMAN. The Clerk will des- man, I rise today in support of the Stu- built, because of cheap steel ultimately ignate the amendment. pak-Visclosky amendment, calling for many children are hurt and killed in a The text of the amendment is as fol- all iron and steel used under this act to terrible accident. lows: be produced here in our United States. Today, we are contemplating a simi- Amendment No. 5 offered by Mr. VIS- Since 1892, my home State of Ohio lar set of circumstances and the same CLOSKY: has been a leading steel producer, and risk. Just a few months ago, our Steel Page 6, line 3, strike ‘‘308(a)’’ and insert ‘‘309(a)’’. today remains among the top three Caucus held a hearing to examine the Page 10, line 14, strike ‘‘308(b)’’ and insert steel producing States in our country. dangers with imported Chinese steel ‘‘309(b)’’. In April, I had the opportunity to at- products. What we discovered is that Page 13, after line 2, insert the following tend a hearing held by the Congres- there are serious and legitimate con- (and redesignate provisions and conform the sional Steel Caucus examining the dan- cerns regarding the quality of these table of contents accordingly): gers of standardized substandard Chi- imports and whether they are ade- SEC. 305. SPECIAL RULE ON USE OF IRON AND nese steel. What I learned was that quately monitored. We currently have STEEL PRODUCED IN THE UNITED STATES. these products are not being inspected no mechanism for evaluating or for (a) IN GENERAL.—A local educational agen- in China and the products are not being stopping steel that does not meet spec- cy shall not obligate or expend funds re- inspected at our ports when they enter ifications at the border. And once it is ceived under this Act for a project for the our country. And again, today, the inside our market, this steel is used on modernization, renovation, or repair of pub- steel is not inspected as it is used to bridges, buildings, power plants, and lic school facility unless all of the iron and build some of our Nation’s most crit- even schools. In fact, in the fall of 2007, steel used in such project is produced in the ical infrastructure, like our children’s the California Department of General United States. (b) EXCEPTIONS.—The provisions of sub- schools. Services posted an alert on Chinese section (a) shall not apply in any case in In the last year we have seen China’s steel tubing fabricated for school con- which the local educational agency finds iron and steel production increase by struction projects that had been found that— more than 50 percent. Today, Chinese to be defective. (1) their application would be inconsistent steel is being used to make everything Through independent tests and stud- with the public interest; from our schools to our hospitals to ies we know that there are frequently (2) iron and steel are not produced in the our bridges, and I have serious con- deficiencies in Chinese steel, yet we United States in sufficient and reasonably cerns about whether or not this Chi- also know that American steel consist- available quantities and of a satisfactory quality; nese steel is strong enough to keep our ently has met the highest standards. (3) inclusion of iron and steel produced in families and our Nation safe. Madam Chairman, if the goal of the the United States will increase the cost of This amendment will ensure that the 21st Century Green High-Performing the overall project contract by more than 25 steel used is from American companies Public Schools Facilities Act is to pro- percent. that will follow the proper safety and vide a safe and healthy learning envi- The CHAIRMAN. Pursuant to House quality standards in our products. Our ronment for children, we should be in- Resolution 1234, the gentleman from children deserve safe schools. A strong sisting that we are using steel of a Indiana (Mr. VISCLOSKY) and a Member and viable U.S. steel industry is crit- clearly determined quality; and, we opposed each will control 5 minutes. ical to America’s infrastructure and would be doing a disservice to the par- The Chair recognizes the gentleman the national economic security and ents and to the children of our country from Indiana. homeland security. by not ensuring that the school’s infra- Mr. VISCLOSKY. Madam Chairman, In conclusion, I urge my colleagues structure is built with steel of a guar- I first of all would like to express my to join me and to support the Stupak- anteed quality. The difference between

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4954 CONGRESSIONAL RECORD — HOUSE June 4, 2008 steel that makes the grade and steel To protect our children, we must en- The CHAIRMAN. The Clerk will des- that doesn’t meet required standards sure that the steel used in our schools ignate the amendment. could very well be a matter of life and is from American companies that meet The text of the amendment is as fol- death. proper safety and quality standards. I lows: The use of deficient or structurally urge a ‘‘yes’’ vote on the Stupak-Vis- Amendment No. 7 offered by Mr. MATHE- inefficient steel for renovations or re- closky amendment. SON: pair projects is a clear public safety Page 15, line 18, strike ‘‘and’’. 1900 hazard. Such a blunder could increase b Page 15, after line 18, insert the following the overall cost of projects and in- Mr. ENGLISH of Pennsylvania. (and redesignate provisions accordingly): crease construction time. If the school Madam Chairman, at this time, if the (C) if flooring was installed, whether— gentleman has no other speakers, we (i) it was low- or no-VOC (Volatile Organic construction projects provided under Compounds) flooring; this legislation are truly going to meet would be delighted to yield back. Mr. VISCLOSKY. I believe, Madam (ii) it was made from sustainable mate- the high standards that we expect of rials; and any structure for our children, we must Chairman, I have 1 minute left. I would (iii) use of flooring described in clause (i) ensure that the steel used is from yield that to Mr. KUCINICH, the gen- or (ii) was cost-effective; and American companies that will follow tleman from Ohio. The CHAIRMAN. Pursuant to House Mr. KUCINICH. The Visclosky/Stu- the proper safety and quality standards Resolution 1234, the gentleman from pak amendment will boost our steel in- in its products. Utah (Mr. MATHESON) and a Member dustry and protect American jobs by Madam Chairman, this is a common- opposed each will control 5 minutes. sense amendment that mirrors legisla- requiring that steel and iron used in The Chair recognizes the gentleman tion that I have introduced with the school buildings funded by this act be from Utah. gentleman from Indiana (Mr. VIS- made in the USA. Mr. MATHESON. Madam Chairman, Concerns about substandard steel im- CLOSKY) earlier this year. I am de- this amendment is an effort to refine ports are well taken. At a recent hear- lighted that the author has seen fit to the reporting of requirements in the ing sponsored by the Congressional offer it as part of this legislation. I legislation for schools that receive Steel Caucus, it was revealed that inde- would strongly urge all of my col- grants under this program relative to pendent testing of imported Chinese leagues on both sides of the aisle to the flooring that is installed in these steel found a 60 percent failure rate for support this amendment. schools. steel rods used for such applications as I reserve the balance of my time. Schools and local educational agen- Mr. VISCLOSKY. Madam Chairman, securing bridges. cies receiving grants under this bill it is my privilege to recognize Mr. STU- This amendment will ensure that the would report if they install flooring, PAK, the principal author of the amend- substandard steel will not be used to whether it was low or no volatile or- ment, for 11⁄2 minutes. He is the leader construct vital infrastructure or ganic compounds flooring; whether it on this issue. schools for those of us who are truly was made from sustainable materials, Mr. STUPAK. I thank the gentleman. concerned about the safety of our chil- and report on the cost effective nature I thank him for his assistance and for dren. China’s going to have to go a way of that decision to install that type of pinch hitting for me tonight until I to be able to develop quality testing flooring. could get here. standards to assure that the products I just want to be clear though. This Madam Chairman, the Stupak-Vis- that are sent here are going to be up to amendment is not a mandate. It closky amendment would require that the standards that we expect should be doesn’t require schools to install any all steel and iron used under the 21st obtained for infrastructure and for particular type of flooring. It really is Century Green High-Performing Public schools. Schools Facilities Act be produced in This initiative maintains our com- a purpose just to gather information to the United States. Cheap imported mitment to securing a strong domestic find out if or not this material has steel is a danger to our children and is steel industry, and I ask for the Mem- been used in the installation process. compromising their safety. bers to support it. One of the motivations behind this In April, during the Congressional Mr. CARSON of Indiana. Madam Chairman, amendment is to ensure that we raise Steel Caucus hearing, U.S. Customs I rise in strong support of the Stupak/Visclosky this issue about the opportunity for and Border Protection Assistant Com- amendment. both children and teachers who are in missioner David Baldwin testified that Madam Chairman, in order to build state of schools, that they are put in the best Customs and Border Protection does the art schools, you need sound state of the learning and teaching environment not conduct compliance tests to mon- art materials. This amendment ensures that possible. The reason for that is because itor the strength, durability, or hard- our schools will be constructed with strong materials such as flooring in some ness of the steel imported into the and durable resources by mandating that our schools can contain potentially United States. schools be built with American steel. unhealthy levels of volatile organic Until the Federal Government can I would like to thank Congressman STUPAK compounds that can lead to unsafe in- make sure imported steel from China and Congressman VISCLOSKY for offering this door air quality for both students and and other countries meet safety and worthwhile amendment. There is nothing more teachers. quality standards, we should not let important than ensuring that our children have Again, I think this is a relatively any of it be used in our schools, or in safe and productive environments in which to straightforward amendment just to in- any other buildings, as a matter of learn. crease the reporting requirements to fact. I encourage my colleagues to support the say what happened in terms of how the We must make sure that the steel Stupak/Visclosky amendment and the under- flooring was required. It does not re- used in these projects meets the proper lining bill. quire any particular type of flooring to standards in the first place. The Stu- The CHAIRMAN. All time for debate be installed, but it helps us gather in- pak-Visclosky amendment would re- has expired. formation and raise awareness about quire educational agencies to use The question is on the amendment the benefits of using low or no volatile American steel and iron for moderniza- offered by the gentleman from Indiana organic compound flooring. tion, renovation, or repair projects at a (Mr. VISCLOSKY). I reserve the balance of my time. public school facility. The amendment was agreed to. Mr. MCKEON. I claim time in opposi- The amendment also includes a pro- The CHAIRMAN. The Chair under- tion to the amendment. vision that will ensure that schools can stands that amendment No. 6 will not The CHAIRMAN. The gentleman comply with these standards. If steel be offered at this time. from California is recognized for 5 min- and iron produced in the U.S. will in- AMENDMENT NO. 7 OFFERED BY MR. MATHESON utes. crease the cost of a project by more The CHAIRMAN. It is now in order to Mr. MCKEON. I yield myself such than 25 percent, and iron and steel consider amendment No. 7 printed in time as I may consume, Madam Chair- from elsewhere is proven safe, then House Report 110–678. man. agencies can use steel and iron from Mr. MATHESON. Madam Chairman, I The purpose of this amendment is to other sources as long as it is safe. have an amendment at the desk. gather information about the types of

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4955 floors that schools may be installing the Federal Government’s responsi- with their teachers, their academic with funds provided under this massive bility to go into the local communities skills suffer. Research shows that new federally funded school construc- and tell them what type and how to smaller class sizes significantly in- tion program. Like the rest of the bill, build their schools, who should build crease the amount of learning that it simply misses the point. their schools and how much they takes place, reducing disciplinary prob- If our goal today is to address the should spend. lems and improving teacher produc- problems facing our Nation’s schools, I yield back the balance of my time. tivity. we shouldn’t be talking about floors or The CHAIRMAN. The question is on Smaller classes also particularly ben- bicycle racks. We should be talking the amendment offered by the gen- efit students from low-income or dis- about how to bring down the price of tleman from Utah (Mr. MATHESON). advantaged backgrounds. For example, gas. The question was taken; and the lowering class sizes in Tennessee closed High gas prices are hitting schools Chairman announced that the ayes ap- the achievement gap between black hard. They’re driving up costs for near- peared to have it. students and white students by 38 per- ly every aspect of a school’s budget, Mr. MATHESON. Madam Chairman, I cent. from transportation to school lunches demand a recorded vote. According to the U.S. Department of and from utilities to supplies. The CHAIRMAN. Pursuant to clause Education, ‘‘A growing body of re- What we should be debating is how to 6 of rule XVIII, further proceedings on search demonstrates that students at- address the skyrocketing cost of en- the amendment offered by the gen- tending small classes in early grades ergy. Instead, we’re talking about cre- tleman from Utah will be postponed. make more rapid educational progress ating a $20 billion program that allows AMENDMENT NO. 8 OFFERED BY MR. REICHERT than students in larger classes, and bureaucrats in Washington to tell our The CHAIRMAN. It is now in order to that these achievement gains persist communities how to build their consider amendment No. 8 printed in well after the students move on to schools. House Report 110–678. larger classes in later grades.’’ The Federal Government has had a Mr. REICHERT. Madam Chairman, I One of the most well known conclu- history of investing in our Nation’s have an amendment at the desk. sive studies on class size is Project schools, but it’s not the floors and the The CHAIRMAN. The Clerk will des- STAR, the only large-scale controlled walls and the plumbing and the light ignate the amendment. study of the effects of reduced class bulbs where we focus our investment. The text of the amendment is as fol- size that was conducted in 79 elemen- Rather, it’s the students themselves. lows: tary schools in the State of Tennessee. Our role, the role of the Federal Gov- Amendment No. 8 offered by Mr. REICHERT: According to the results from this ernment, is to support programs that Page 9, line 18, strike ‘‘or’’. study, 72 percent of students graduate help improve student academic Page 9, line 19, strike ‘‘and’’ and insert on time in smaller class sizes, versus 66 achievement. ‘‘or’’. percent from regular class sizes. Chil- We know that disadvantaged chil- Page 9, after line 19, insert the following dren in smaller class sizes complete new subparagraph: dren, children with disabilities, English (D) reduce class size; and more advanced math and English language learners and our vulnerable courses, and the drop-out rate is at The CHAIRMAN. Pursuant to House populations have too often been left be- least 4 percent lower in schools with Resolution 1234, the gentleman from hind by our educational system. Our smaller classes. Washington (Mr. REICHERT) and a Mem- job is to ensure all children are given Our children deserve the individual- ber opposed each will control 5 min- the opportunity to receive a high qual- ized attention and instruction afforded utes. ity education. That means learning by small class sizes. As we consider leg- The Chair recognizes the gentleman from a highly qualified teacher and islation today to usher our schools into from Washington. being held to the same high academic the 21st Century, we should, at the Mr. REICHERT. Madam Chairman, very least, consider how new tech- standards. today we are considering legislation to I know how important safe and nologies and building designs can ac- improve the conditions of our elemen- healthy schools are, and that’s why commodate smaller class sizes, which tary and secondary schools. Yet noth- States are spending some $20 billion is what my amendment would do. ing in this bill addresses the issue of each year on the building and mod- My amendment is very simple. It pro- class size and the overcrowding that ernization of schools facilities. vides that local education agencies If we really want to meet the needs plagues our schools and hinders the may use a grant for modernization, of our schools, we should be doing two learning environment of our children. renovation or repair of public school There are 50 million students in our things: We should be maintaining the facilities to help reduce class sizes. public elementary and secondary Federal focus on student achievement, Students and teachers deserve better schools, and enrollment is expected to and we should be talking about how to than shared and portable classrooms. continue to increase. By the year 2100, bring down the cost of energy to help It’s time we do something to help en- our public and private institutions, schools, families, businesses and our sure our students receive the individ- from pre-kindergarten, through col- economy. ualized attention they need, to help I reserve the balance of my time. lege, will accommodate an estimated 94 teachers in maintaining an orderly Mr. MATHESON. Just very briefly, million American children and young classroom. Madam Chairman. adults, an increase of over 40 million In addition to building new modern Last week, I had the opportunity to over the current school population. schools with minimal environmental visit Daybreak Elementary School in Our schools are already severely impact, we should build schools for the West Jordan, Utah, the first LEED-cer- overcrowded, with many forced to ac- 21st Century equipped with technology tified school in our State. In that loca- cept twice their capacity and open and modern equipment that accommo- tion this school used low VOC paint portable classrooms. According to a dates small class sizes that are safe for and carpet. 2000 report from the National Center teaching and encourage learning. I think that there are a number of for Educational Statistics, 36 percent Madam Chairman, this amendment is issues we need to be talking about in of schools had to use portable class- simple. It is straightforward, and has this Congress today. But I do think the rooms to accommodate growing stu- been endorsed by the National Edu- notion of having a safe indoor environ- dent populations. cation Association. I urge my col- ment for teachers and students has I’ve also heard reports that some leagues to support this commonsense merit, and actually collecting data and schools are requiring and asking stu- amendment. reporting what type of materials are dents to actually sit on desks and on I reserve the balance of my time. used in school construction makes teachers desks due to the overcrowding Mr. KILDEE. Madam Chairman, I sense. in classrooms. This is not an environ- claim time in opposition, but I do not I urge adoption of my amendment. ment for learning for our children, and intend to oppose the amendment. I yield back the balance of my time. they deserve much better. The CHAIRMAN. Without objection, Mr. MCKEON. I agree with the gen- Since students in overcrowded class- the gentleman from Michigan is recog- tleman. I just don’t think it should be rooms lack quality one-on-one time nized for 5 minutes.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4956 CONGRESSIONAL RECORD — HOUSE June 4, 2008 There was no objection. Harman McHugh Schwartz Rogers (AL) Shadegg Walberg Mr. KILDEE. We’ve looked over the Hastings (FL) McIntyre Scott (GA) Rogers (KY) Shuster Walden (OR) Herseth Sandlin McNerney Scott (VA) Rogers (MI) Simpson Wamp Reichert amendment and we accept the Higgins McNulty Serrano Rohrabacher Smith (NE) Weldon (FL) amendment. Hill Meek (FL) Sestak Roskam Smith (TX) Westmoreland I yield back the balance of my time. Hinchey Meeks (NY) Shays Ryan (WI) Souder Wilson (SC) Mr. REICHERT. I thank the gen- Hinojosa Melancon Shea-Porter Sali Sullivan Wittman (VA) Hirono Michaud Sherman Saxton Tancredo Wolf tleman for his support, and I yield back Scalise Terry Hobson Miller (MI) Shimkus Young (AK) my time. Schmidt Thornberry Hodes Miller (NC) Sires Young (FL) Sensenbrenner Tiahrt The CHAIRMAN. The question is on Holden Miller, George Skelton Sessions Tiberi the amendment offered by the gen- Holt Mitchell Slaughter Honda Mollohan tleman from Washington (Mr. Smith (NJ) NOT VOTING—27 Hooley Moore (KS) Smith (WA) REICHERT). Hoyer Moore (WI) Snyder Aderholt Gallegly McCrery The amendment was agreed to. Inslee Murphy (CT) Solis Andrews Gilchrest Moran (VA) Israel Murphy, Patrick Space Bishop (UT) Gillibrand Norton b 1915 Jackson (IL) Murphy, Tim Boucher Grijalva Speier Pomeroy Jefferson Murtha Campbell (CA) Hunter ANNOUNCEMENT BY THE CHAIRMAN Spratt Pryce (OH) Johnson (GA) Nadler Carney Jackson-Lee Rush The CHAIRMAN. Pursuant to clause Johnson (IL) Napolitano Stark Chabot (TX) Shuler Johnson, E. B. Neal (MA) Stearns 6 of rule XVIII, proceedings will now Cummings Kilpatrick Van Hollen resume on those amendments printed Jones (OH) Oberstar Stupak Faleomavaega Larson (CT) Kagen Obey Sutton Filner Lewis (GA) in House Report 110–678 on which fur- Kanjorski Olver Tanner ther proceedings were postponed, in the Kaptur Ortiz Tauscher following order: Kennedy Pallone Taylor b 1941 Thompson (CA) Amendment No. 1 by Mr. KILDEE of Kildee Pascrell Messrs. DAVIS of Illinois, ENGLISH Michigan. Kind Pastor Thompson (MS) King (NY) Payne Tierney of Pennsylvania, LINCOLN DIAZ- Amendment No. 2 by Mr. EHLERS of Kirk Perlmutter Towns BALART of Florida, MARIO DIAZ- Michigan. Klein (FL) Peterson (MN) Tsongas BALART of Florida, SHIMKUS and Amendment No. 3 by Mr. WELCH of Kuhl (NY) Peterson (PA) Turner Mrs. CAPITO changed their vote from Vermont. LaHood Platts Udall (CO) Lampson Porter ‘‘no’’ to ‘‘aye.’’ Amendment No. 7 by Mr. MATHESON Udall (NM) Langevin Price (NC) Upton So the amendment was agreed to. of Utah. Larsen (WA) Rahall Vela´ zquez The result of the vote was announced The first electronic vote will be con- LaTourette Ramstad Visclosky ducted as a 15-minute vote. Remaining Lee Rangel Walsh (NY) as above recorded. Levin Reichert electronic votes will be conducted as 5- Walz (MN) Stated for: Lipinski Reyes Wasserman minute votes. LoBiondo Richardson Mr. FILNER. Madam Chairman, on rollcall Schultz AMENDMENT NO. 1 OFFERED BY MR. KILDEE Loebsack Rodriguez Waters 374, I was unable to vote because of delays The CHAIRMAN. The unfinished Lofgren, Zoe Ros-Lehtinen in my air travel. Had I been present, I would Lowey Ross Watson business is the demand for a recorded Lynch Rothman Watt have voted ‘‘aye.’’ Waxman vote on the amendment offered by the Mahoney (FL) Roybal-Allard AMENDMENT NO. 2 OFFERED BY MR. EHLERS gentleman from Michigan (Mr. KILDEE) Maloney (NY) Royce Weiner The CHAIRMAN. The unfinished on which further proceedings were Markey Ruppersberger Welch (VT) Marshall Ryan (OH) Weller business is the demand for a recorded postponed and on which the ayes pre- Matheson Salazar Wexler vote on the amendment offered by the vailed by voice vote. ´ Whitfield (KY) Matsui Sanchez, Linda gentleman from Michigan (Mr. EHLERS) The Clerk will redesignate the McCarthy (NY) T. Wilson (NM) on which further proceedings were amendment. McCaul (TX) Sanchez, Loretta Wilson (OH) The Clerk redesignated the amend- McCollum (MN) Sarbanes Woolsey postponed and on which the ayes pre- McDermott Schakowsky Wu vailed by voice vote. ment. McGovern Schiff Yarmuth RECORDED VOTE The Clerk will redesignate the The CHAIRMAN. A recorded vote has NOES—151 amendment. been demanded. Akin Doolittle Lamborn The Clerk redesignated the amend- A recorded vote was ordered. Alexander Drake Latham ment. The vote was taken by electronic de- Bachmann Dreier Latta Bachus Duncan Lewis (CA) RECORDED VOTE vice, and there were—ayes 260, noes 151, Barrett (SC) Emerson Lewis (KY) The CHAIRMAN. A recorded vote has not voting 27, as follows: Bartlett (MD) Everett Linder been demanded. [Roll No. 374] Barton (TX) Fallin Lucas Biggert Feeney Lungren, Daniel A recorded vote was ordered. AYES—260 Bilbray Ferguson E. The CHAIRMAN. This will be a 5- Abercrombie Carnahan Diaz-Balart, M. Bilirakis Flake Mack minute vote. Ackerman Carson Dicks Blackburn Forbes Manzullo Allen Castor Dingell Blunt Foxx Marchant The vote was taken by electronic de- Altmire Cazayoux Doggett Boehner Franks (AZ) McCarthy (CA) vice, and there were—ayes 397, noes 17, Arcuri Chandler Donnelly Bonner Frelinghuysen McCotter not voting 24, as follows: Baca Childers Doyle Bono Mack Garrett (NJ) McHenry Baird Christensen Edwards Boozman Gingrey McKeon [Roll No. 375] Baldwin Clarke Ehlers Boustany Gohmert McMorris AYES—397 Barrow Clay Ellison Brady (TX) Goode Rodgers Bean Cleaver Ellsworth Broun (GA) Goodlatte Mica Abercrombie Bilbray Brown, Corrine Becerra Clyburn Emanuel Brown (SC) Granger Miller (FL) Ackerman Bilirakis Brown-Waite, Berkley Cohen Engel Brown-Waite, Graves Miller, Gary Aderholt Bishop (GA) Ginny Berman Conyers English (PA) Ginny Hall (TX) Moran (KS) Akin Bishop (NY) Buchanan Berry Cooper Eshoo Burgess Hastings (WA) Musgrave Alexander Bishop (UT) Burgess Bishop (GA) Costa Etheridge Burton (IN) Hayes Myrick Allen Blackburn Burton (IN) Bishop (NY) Costello Farr Buyer Heller Neugebauer Altmire Blunt Butterfield Blumenauer Courtney Fattah Calvert Hensarling Nunes Arcuri Boehner Buyer Bordallo Cramer Fortenberry Camp (MI) Herger Paul Baca Bonner Calvert Boren Crowley Fortun˜ o Cannon Hoekstra Pearce Bachmann Bono Mack Camp (MI) Boswell Cuellar Fossella Cantor Hulshof Pence Bachus Boozman Cannon Boyd (FL) Davis (AL) Foster Carter Inglis (SC) Petri Baird Bordallo Cantor Boyda (KS) Davis (CA) Frank (MA) Castle Issa Pickering Barrett (SC) Boren Capito Brady (PA) Davis (IL) Gerlach Coble Johnson, Sam Pitts Barrow Boswell Capps Braley (IA) Davis, Lincoln Giffords Cole (OK) Jones (NC) Poe Bartlett (MD) Boustany Capuano Brown, Corrine Davis, Tom Gonzalez Conaway Jordan Price (GA) Barton (TX) Boyd (FL) Cardoza Buchanan DeFazio Gordon Crenshaw Keller Putnam Bean Boyda (KS) Carnahan Butterfield DeGette Green, Al Cubin King (IA) Radanovich Becerra Brady (PA) Carson Capito Delahunt Green, Gene Culberson Kingston Regula Berkley Brady (TX) Carter Capps DeLauro Gutierrez Davis (KY) Kline (MN) Rehberg Berman Braley (IA) Castle Capuano Dent Hall (NY) Davis, David Knollenberg Renzi Berry Broun (GA) Castor Cardoza Diaz-Balart, L. Hare Deal (GA) Kucinich Reynolds Biggert Brown (SC) Cazayoux

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4957 Chandler Hobson Musgrave Thompson (MS) Walberg Weller Boyda (KS) Frelinghuysen Matsui Childers Hodes Myrick Thornberry Walden (OR) Westmoreland Brady (PA) Garrett (NJ) McCarthy (CA) Christensen Hoekstra Nadler Tiahrt Walsh (NY) Wexler Brady (TX) Gerlach McCaul (TX) Cleaver Holden Napolitano Tiberi Walz (MN) Whitfield (KY) Braley (IA) Giffords McCollum (MN) Clyburn Holt Neal (MA) Tierney Wamp Wilson (NM) Broun (GA) Gingrey McCotter Coble Honda Neugebauer Towns Wasserman Wilson (OH) Brown (SC) Gohmert McDermott Cohen Hooley Nunes Tsongas Schultz Wilson (SC) Brown, Corrine Gonzalez McGovern Cole (OK) Hoyer Oberstar Turner Waters Wittman (VA) Brown-Waite, Goode McHenry Conaway Hulshof Obey Udall (CO) Watson Wolf Ginny Goodlatte McHugh Conyers Inglis (SC) Olver Udall (NM) Watt Wu Buchanan Gordon McIntyre Cooper Inslee Ortiz Upton Waxman Yarmuth Burgess Granger McKeon Costa Israel Pallone Vela´ zquez Welch (VT) Young (AK) Burton (IN) Graves McMorris Costello Issa Pascrell Visclosky Weldon (FL) Young (FL) Butterfield Green, Al Rodgers Buyer Green, Gene McNerney Courtney Jefferson Pastor NOES—17 Cramer Johnson (GA) Paul Calvert Gutierrez McNulty Crenshaw Johnson (IL) Payne Baldwin Johnson, E. B. Sherman Camp (MI) Hall (NY) Meek (FL) Crowley Johnson, Sam Pearce Blumenauer Kirk Speier Cannon Hall (TX) Meeks (NY) Cubin Jones (NC) Pence Clay Lipinski Stark Cantor Hare Melancon Cuellar Jones (OH) Perlmutter Emanuel Moore (WI) Weiner Capito Harman Mica Culberson Jordan Peterson (MN) Gonzalez Ros-Lehtinen Woolsey Capps Hastings (FL) Michaud Cummings Kagen Peterson (PA) Jackson (IL) Schakowsky Capuano Hastings (WA) Miller (FL) Davis (AL) Kanjorski Petri Cardoza Hayes Miller (MI) NOT VOTING—24 Davis (CA) Kaptur Pickering Carnahan Heller Miller (NC) Davis (IL) Keller Pitts Andrews Gilchrest Moran (VA) Carson Hensarling Miller, Gary Davis (KY) Kennedy Platts Boucher Gillibrand Norton Carter Herger Miller, George Davis, David Kildee Poe Campbell (CA) Gutierrez Pryce (OH) Castle Herseth Sandlin Mitchell Castor Higgins Mollohan Davis, Lincoln Kilpatrick Pomeroy Carney Hunter Rangel Cazayoux Hill Moore (KS) Davis, Tom Kind Porter Chabot Jackson-Lee Rush Chandler Hinchey Moore (WI) Deal (GA) King (IA) Price (GA) Clarke (TX) Shuler Childers Hinojosa Moran (KS) DeFazio King (NY) Price (NC) Faleomavaega Lewis (GA) Van Hollen DeGette Kingston Putnam Filner McCrery Christensen Hirono Moran (VA) Clarke Hobson Murphy (CT) Delahunt Klein (FL) Radanovich Gallegly Meeks (NY) Clay Hodes Murphy, Patrick DeLauro Kline (MN) Rahall ANNOUNCEMENT BY THE CHAIRMAN Cleaver Hoekstra Murphy, Tim Dent Knollenberg Ramstad Clyburn Holden Murtha Diaz-Balart, L. Kucinich Regula The CHAIRMAN (during the vote). Coble Holt Musgrave Diaz-Balart, M. Kuhl (NY) Rehberg Two minutes remain on this vote. Cohen Honda Myrick Dicks LaHood Reichert Cole (OK) Hooley Nadler Dingell Lamborn Renzi b 1949 Conaway Hoyer Napolitano Doggett Lampson Reyes Conyers Hulshof Neal (MA) Donnelly Langevin Reynolds Ms. BALDWIN changed her vote from Cooper Inglis (SC) Neugebauer Doolittle Larsen (WA) Richardson ‘‘aye’’ to ‘‘no.’’ Costa Inslee Nunes Doyle Larson (CT) Rodriguez Costello Israel Oberstar Drake Latham Rogers (AL) Mr. BARROW changed his vote from ‘‘no’’ to ‘‘aye.’’ Courtney Issa Obey Dreier LaTourette Rogers (KY) Cramer Jackson (IL) Olver Duncan Latta Rogers (MI) So the amendment was agreed to. Crenshaw Jefferson Ortiz Edwards Lee Rohrabacher The result of the vote was announced Crowley Johnson (GA) Pallone Ehlers Levin Roskam as above recorded. Cubin Johnson (IL) Pascrell Ellison Lewis (CA) Ross Cuellar Johnson, E. B. Pastor Ellsworth Lewis (KY) Rothman Stated for: Culberson Johnson, Sam Payne Emerson Linder Roybal-Allard Mr. FILNER. Madam Chairman, on rollcall Cummings Jones (NC) Pearce Engel LoBiondo Royce 375, I was unable to vote because of delays Davis (AL) Jones (OH) Pence English (PA) Loebsack Ruppersberger in my air travel. Had I been present, I would Davis (CA) Jordan Perlmutter Eshoo Lofgren, Zoe Ryan (OH) Davis (IL) Kagen Peterson (MN) Etheridge Lowey Ryan (WI) have voted ‘‘aye.’’ Davis (KY) Kanjorski Peterson (PA) Everett Lucas Salazar AMENDMENT NO. 3 OFFERED BY MR. WELCH OF Davis, David Kaptur Petri Fallin Lungren, Daniel Sali VERMONT Davis, Lincoln Keller Pickering Farr E. Sa´ nchez, Linda Davis, Tom Kennedy Pitts Fattah Lynch T. The CHAIRMAN. The unfinished Deal (GA) Kildee Platts Feeney Mack Sanchez, Loretta business is the demand for a recorded DeFazio Kilpatrick Poe Ferguson Mahoney (FL) Sarbanes vote on the amendment offered by the DeGette Kind Pomeroy Flake Maloney (NY) Saxton Delahunt King (IA) Porter Forbes Manzullo Scalise gentleman from Vermont (Mr. WELCH) DeLauro King (NY) Price (GA) Fortenberry Marchant Schiff on which further proceedings were Dent Kingston Price (NC) Fortun˜ o Markey Schmidt postponed and on which the ayes pre- Diaz-Balart, L. Kirk Putnam Fossella Marshall Schwartz vailed by voice vote. Diaz-Balart, M. Klein (FL) Radanovich Foster Matheson Scott (GA) Dicks Kline (MN) Rahall Foxx Matsui Scott (VA) The Clerk will redesignate the Dingell Knollenberg Ramstad Frank (MA) McCarthy (CA) Sensenbrenner amendment. Doggett Kucinich Rangel Franks (AZ) McCarthy (NY) Serrano The Clerk redesignated the amend- Donnelly Kuhl (NY) Regula Frelinghuysen McCaul (TX) Sessions Doolittle LaHood Rehberg Garrett (NJ) McCollum (MN) Sestak ment. Doyle Lamborn Reichert Gerlach McCotter Shadegg RECORDED VOTE Drake Lampson Renzi Giffords McDermott Shays The CHAIRMAN. A recorded vote has Dreier Langevin Reyes Gingrey McGovern Shea-Porter Duncan Larsen (WA) Reynolds Gohmert McHenry Shimkus been demanded. Edwards Larson (CT) Richardson Goode McHugh Shuster A recorded vote was ordered. Ehlers Latham Rodriguez Goodlatte McIntyre Simpson The CHAIRMAN. This will be a 5- Ellison LaTourette Rogers (AL) Gordon McKeon Sires Ellsworth Latta Rogers (KY) Granger McMorris Skelton minute vote. Emanuel Lee Rogers (MI) Graves Rodgers Slaughter The vote was taken by electronic de- Emerson Levin Rohrabacher Green, Al McNerney Smith (NE) vice, and there were—ayes 409, noes 5, Engel Lewis (CA) Ros-Lehtinen Green, Gene McNulty Smith (NJ) not voting 24, as follows: English (PA) Lewis (KY) Roskam Grijalva Meek (FL) Smith (TX) Eshoo Lipinski Ross Hall (NY) Melancon Smith (WA) [Roll No. 376] Etheridge LoBiondo Rothman Hall (TX) Mica Snyder AYES—409 Everett Loebsack Roybal-Allard Hare Michaud Solis Fallin Lofgren, Zoe Royce Harman Miller (FL) Souder Abercrombie Barrett (SC) Bishop (NY) Farr Lowey Ruppersberger Hastings (FL) Miller (MI) Space Ackerman Barrow Blackburn Fattah Lucas Ryan (OH) Hastings (WA) Miller (NC) Spratt Aderholt Bartlett (MD) Blumenauer Feeney Lungren, Daniel Ryan (WI) Hayes Miller, Gary Stearns Akin Barton (TX) Blunt Ferguson E. Salazar Heller Miller, George Stupak Alexander Bean Boehner Forbes Lynch Sali Hensarling Mitchell Sullivan Allen Becerra Bonner Fortenberry Mack Sa´ nchez, Linda Herger Mollohan Sutton Altmire Berkley Bono Mack Fortun˜ o Mahoney (FL) T. Herseth Sandlin Moore (KS) Tancredo Arcuri Berman Boozman Fossella Maloney (NY) Sanchez, Loretta Higgins Moran (KS) Tanner Baca Berry Bordallo Foster Manzullo Sarbanes Hill Murphy (CT) Tauscher Bachmann Biggert Boren Foxx Markey Saxton Hinchey Murphy, Patrick Taylor Bachus Bilbray Boswell Frank (MA) Marshall Scalise Hinojosa Murphy, Tim Terry Baird Bilirakis Boustany Franks (AZ) Matheson Schakowsky Hirono Murtha Thompson (CA) Baldwin Bishop (GA) Boyd (FL)

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4958 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Schiff Space Walberg Bishop (GA) Herseth Sandlin Pallone Davis, David Kingston Reynolds Schmidt Speier Walden (OR) Bishop (NY) Higgins Pascrell Davis, Tom Kline (MN) Rogers (AL) Schwartz Spratt Walsh (NY) Bishop (UT) Hill Pastor Deal (GA) Knollenberg Rogers (KY) Scott (GA) Stark Walz (MN) Blumenauer Hinchey Payne Diaz-Balart, L. Lamborn Rogers (MI) Scott (VA) Stearns Wamp Bordallo Hinojosa Pearce Diaz-Balart, M. Latham Rohrabacher Sensenbrenner Stupak Wasserman Boren Hirono Perlmutter Doolittle Latta Roskam Serrano Sullivan Schultz Boswell Hodes Peterson (MN) Drake Lewis (CA) Royce Sessions Sutton Watson Boyd (FL) Holden Platts Dreier Lewis (KY) Ryan (WI) Sestak Tancredo Watt Boyda (KS) Holt Pomeroy Duncan Linder Sali Shadegg Tanner Waxman Brady (PA) Honda Porter Emerson Lucas Scalise Shays Tauscher Weiner Braley (IA) Hooley Price (NC) Everett Lungren, Daniel Schmidt Shea-Porter Taylor Welch (VT) Brown, Corrine Hoyer Rahall Fallin E. Sensenbrenner Sherman Terry Weldon (FL) Buchanan Inslee Ramstad Feeney Mack Sessions Shimkus Thompson (CA) Weller Butterfield Israel Rangel Flake Manzullo Shadegg Shuster Thompson (MS) Westmoreland Capito Jackson (IL) Reichert Forbes Marchant Shimkus Simpson Thornberry Wexler Fossella McCarthy (CA) Shuster Capps Jefferson Renzi Sires Tiahrt Whitfield (KY) Foxx McCotter Simpson Capuano Johnson (GA) Reyes Skelton Tiberi Wilson (NM) Cardoza Johnson (IL) Franks (AZ) McHugh Smith (NE) Richardson Slaughter Tierney Wilson (OH) Carnahan Johnson, E. B. Garrett (NJ) McKeon Smith (TX) Rodriguez Smith (NE) Towns Wilson (SC) Carson Johnson, Sam Gingrey McMorris Souder Ros-Lehtinen Smith (NJ) Tsongas Wittman (VA) Castle Jones (OH) Gohmert Rodgers Stearns Ross Smith (TX) Turner Wolf Castor Kagen Goode Mica Sullivan Rothman Smith (WA) Udall (CO) Woolsey Cazayoux Kanjorski Goodlatte Miller (FL) Tancredo Snyder Udall (NM) Wu Chandler Kaptur Roybal-Allard Granger Miller, Gary Thornberry Solis Upton Yarmuth Childers Kennedy Ruppersberger Graves Moran (KS) Tiahrt Souder Visclosky Young (FL) Christensen Kildee Ryan (OH) Hall (TX) Myrick Tiberi Clarke Kilpatrick Salazar Hastings (WA) Neugebauer Upton NOES—5 Clay Kind Sa´ nchez, Linda Heller Nunes Walberg Flake Marchant Young (AK) Cleaver Kirk T. Hensarling Paul Walden (OR) Linder Paul Clyburn Klein (FL) Sanchez, Loretta Herger Pence Walsh (NY) Cohen Kucinich Sarbanes Hobson Peterson (PA) Wamp NOT VOTING—24 Conyers Kuhl (NY) Saxton Hoekstra Petri Weldon (FL) Andrews Gilchrest Norton Cooper LaHood Schakowsky Hulshof Pickering Westmoreland Schiff Bishop (UT) Gillibrand Pryce (OH) Costa Lampson Inglis (SC) Pitts Whitfield (KY) Schwartz Boucher Grijalva Rush Costello Langevin Issa Poe Wilson (NM) Scott (GA) Jones (NC) Price (GA) Wilson (SC) Campbell (CA) Hunter Shuler Courtney Larsen (WA) Cramer Larson (CT) Scott (VA) Jordan Putnam Wittman (VA) Carney Jackson-Lee Van Hollen Crowley LaTourette Serrano Keller Radanovich Wolf Chabot (TX) Vela´ zquez Cuellar Lee Sestak King (IA) Regula Young (AK) Faleomavaega Lewis (GA) Waters Filner McCarthy (NY) Culberson Levin Shays King (NY) Rehberg Young (FL) Gallegly McCrery Cummings Lipinski Shea-Porter Davis (AL) LoBiondo Sherman NOT VOTING—19 ANNOUNCEMENT BY THE CHAIRMAN Davis (CA) Loebsack Sires Andrews Gallegly McCrery The CHAIRMAN (during the vote). Davis (IL) Lofgren, Zoe Skelton Boucher Gilchrest Norton There are 2 minutes remaining on this Davis, Lincoln Lowey Slaughter Campbell (CA) Gillibrand Pryce (OH) DeFazio Lynch Smith (NJ) Carney Hunter Rush vote. DeGette Mahoney (FL) Smith (WA) Chabot Jackson-Lee Shuler Delahunt Maloney (NY) Snyder Faleomavaega (TX) Van Hollen b 1957 DeLauro Markey Solis Filner Lewis (GA) Dent Marshall Space ANNOUNCEMENT BY THE CHAIRMAN Messrs. ROYCE and WELDON of Dicks Matheson Speier Florida changed their vote from ‘‘no’’ Dingell Matsui Spratt The CHAIRMAN (during the vote). to ‘‘aye.’’ Doggett McCarthy (NY) Stark There are 2 minutes left in this vote. Donnelly McCaul (TX) Stupak So the amendment was agreed to. Doyle McCollum (MN) Sutton 2004 Edwards McDermott b The result of the vote was announced Tanner Ehlers McGovern as above recorded. Tauscher Mrs. CAPITO and Mr. CULBERSON Ellison McHenry Taylor changed their vote from ‘‘no’’ to ‘‘aye.’’ Stated for: Ellsworth McIntyre Terry Mr. FILNER. Madam Chairman, on rollcall Emanuel McNerney So the amendment was agreed to. Engel McNulty Thompson (CA) The result of the vote was announced 376, I was unable to vote because of delays Thompson (MS) English (PA) Meek (FL) as above recorded. in my air travel. Had I been present, I would Eshoo Meeks (NY) Tierney have voted ‘‘aye.’’ Etheridge Melancon Towns Stated for: Tsongas AMENDMENT NO. 7 OFFERED BY MR. MATHESON Farr Michaud Mr. FILNER. Madam Chairman, on rollcall Fattah Miller (MI) Turner 377, I was unable to vote because of delays The CHAIRMAN. The unfinished Ferguson Miller (NC) Udall (CO) business is the demand for a recorded Fortenberry Miller, George Udall (NM) in my air travel. Had I been present, I would vote on the amendment offered by the Fortun˜ o Mitchell Vela´ zquez have voted ‘‘aye.’’ Foster Mollohan Visclosky gentleman from Utah (Mr. MATHESON) The CHAIRMAN. The question is on Frank (MA) Moore (KS) Walz (MN) the committee amendment in the na- on which further proceedings were Frelinghuysen Moore (WI) Wasserman postponed and on which the ayes pre- Gerlach Moran (VA) Schultz ture of a substitute, as amended. vailed by voice vote. Giffords Murphy (CT) Waters The committee amendment in the Watson The Clerk will redesignate the Gonzalez Murphy, Patrick nature of a substitute, as amended, was Gordon Murphy, Tim Watt agreed to. amendment. Green, Al Murtha Waxman The Clerk redesignated the amend- Green, Gene Musgrave Weiner Accordingly, the Committee rose; ment. Grijalva Nadler Welch (VT) and the Speaker pro tempore (Mr. POM- Gutierrez Napolitano Weller EROY) having assumed the chair, Ms. RECORDED VOTE Hall (NY) Neal (MA) Wexler BORDALLO, Chairman of the Committee The CHAIRMAN. A recorded vote has Hare Oberstar Wilson (OH) Woolsey of the Whole House on the state of the been demanded. Harman Obey Hastings (FL) Olver Wu Union, reported that that Committee, A recorded vote was ordered. Hayes Ortiz Yarmuth having had under consideration the bill The CHAIRMAN. This will be a 5- NOES—153 (H.R. 3021) to direct the Secretary of minute vote. Education to make grants and low-in- Aderholt Boehner Buyer The vote was taken by electronic de- terest loans to local educational agen- vice, and there were—ayes 266, noes 153, Akin Bonner Calvert Alexander Bono Mack Camp (MI) cies for the construction, moderniza- not voting 19, as follows: Bachmann Boozman Cannon tion, or repair of public kindergarten, [Roll No. 377] Bachus Boustany Cantor Barrett (SC) Brady (TX) Carter elementary, and secondary educational AYES—266 Bartlett (MD) Broun (GA) Coble facilities, and for other purposes, pur- Abercrombie Baca Becerra Barton (TX) Brown (SC) Cole (OK) suant to House Resolution 1234, she re- Ackerman Baird Berkley Bilbray Brown-Waite, Conaway ported the bill back to the House with Allen Baldwin Berman Bilirakis Ginny Crenshaw Altmire Barrow Berry Blackburn Burgess Cubin an amendment adopted by the Com- Arcuri Bean Biggert Blunt Burton (IN) Davis (KY) mittee of the Whole.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4959 The SPEAKER pro tempore. Under The motion to recommit says that ship with local districts who have al- the rule, the previous question is or- any school whose energy costs have ready set out their priorities to provide dered. risen by 50 percent since the 110th Con- for energy efficiency, to provide for Is a separate vote demanded on any gress gaveled into session, these funds new technologies so that they can pro- amendment to the amendment re- can be used for school maintenance in vide the best learning environment for ported from the Committee of the addition to other initiatives. the children in those school districts. Whole? If not, the question is on the At the start of this school year, the And when they do that, what we’re see- amendment. Reardan-Edwall School District, in ing across the country is those schools The amendment was agreed to. Eastern Washington, was paying $2.88 that are fortunate enough to have the The SPEAKER pro tempore. The per gallon for diesel. They are now pay- money are dramatically reducing the question is on the engrossment and ing almost double, $4.93 per gallon. So amount of their budgets that go to en- third reading of the bill. what are they doing? They are trying ergy and they can use that on cur- The bill was ordered to be engrossed to decide between additional teachers, riculum or extracurricular activities or and read a third time, and was read the textbooks, and supplies or the diesel teacher pay or whatever else it is. third time. needed to get the kids to school. MOTION TO RECOMMIT OFFERED BY MRS. School budgets are being squeezed b 2015 MC MORRIS RODGERS and stretched like never before. Instead Mrs. MCMORRIS RODGERS. Mr. of reducing flexibility for schools to But most schools can’t afford to do Speaker, I offer a motion to recommit. use this money as they see fit, this bill that. And so what we are saying is we The SPEAKER pro tempore. Is the imposes a heavy-handed big govern- will simply partner up with those dis- gentlewoman opposed to the bill? ment approach that limits local con- tricts most in need and see if we can Mrs. MCMORRIS RODGERS. I am, in trol. help them reduce their energy budgets its present form, sir. Schools, like all of us, need energy over the years so they can put it into The SPEAKER pro tempore. The relief. Americans are concerned about education. That is the bill that Mr. Clerk will report the motion to recom- energy costs, and they want us to un- CHANDLER introduced. That is the bill mit. leash American ingenuity. The vast that is designed and has been voted on The Clerk read as follows: majority, 70 percent now, say we on this floor today, because that is the Mrs. McMorris Rodgers of Washington should develop gas and oil in America. moves to recommit the bill H.R. 3021 to the In addition, the United States is rich need of the school districts. That is Committee on Education and Labor with in- in oil shale with deposits located in why the school districts, the State Su- structions to report the same back to the Colorado, Utah, New Mexico, and Wyo- perintendents of Schools, local school House promptly in the form to which per- districts, are supporting this legisla- fected at the time of this motion, with the ming. These reserves contain energy equivalent to 2 to 3 trillion barrels of tion, because it meets the need they following amendment: have. Page 11, line 25, before the semicolon, in- oil. To put this into perspective, the sert the following: ‘‘, except that a local edu- world has used 1 trillion barrels of oil Now somehow after arguing all day cational agency whose energy expenditures since the first well was successfully long that this is too heavy of a hand, have increased by at least 50 percent since drilled in Pennsylvania in 1859. we now see an amendment that we’ve January 4, 2007, may pay maintenance costs Developing our energy resources is never see in committee, we didn’t see for any of the activities described in section an important step in the long-term on the floor, we didn’t see in Rules 103’’. strategy of reducing our dependence on Committee, that is suggesting some- The SPEAKER pro tempore. The gen- foreign oil. We can and we must start how we just pay the ongoing mainte- tlewoman from Washington is recog- meeting America’s energy needs with nance cost of the districts. I don’t nized for 5 minutes. American resources. know if that is what you wanted to Mrs. MCMORRIS RODGERS. Ladies Join me in giving schools energy re- sign up for. We thought we’d sign up to and gentlemen of the House, schools, lief. The motion to recommit will en- be a partner in district priorities to re- like everyone in America, are facing an sure this bill gives it to them. furbish and rehab schools and improve immediate financial crunch, not be- Mr. GEORGE MILLER of California. the energy efficiency of those based cause schools don’t have enough fund- Mr. Speaker, I rise in opposition to the upon the district policies. I didn’t ing for green maintenance, but, rather, motion to recommit. know we were going to sign up for a they can’t afford the rising cost of en- The SPEAKER pro tempore. The gen- long-term grant for the maintenance of ergy. tleman is recognized for 5 minutes. school districts. The high cost of energy is affecting Mr. GEORGE MILLER of California. schools in many ways. Some schools Mr. Speaker and Members of the I would like to yield now to the au- are moving to a 4-day school week to House, all day long we have had an in- thor of the bill, the gentleman from save fuel and energy costs. Busing serv- teresting double argument here from Kentucky (Mr. CHANDLER). ice is being cut back because it’s so my colleagues on the other side. All Mr. CHANDLER. Thank you, Mr. costly to fuel school buses. Field trips, day long they have insisted that school Chairman. sporting events, and after-school ac- districts are in trouble because of in- This motion to recommit has abso- tivities are being limited. School creased energy costs, because of the in- lutely nothing to do with this bill, lunches cost more. School supplies cost creased cost of electricity, natural gas, nothing at all to do with this bill. This more. air conditioning, heating, fuel for the bill is about school construction. This Yet the bill before us does nothing to buses, and all the rest of it. And they bill allows our children to compete in a reduce the cost of gasoline, diesel, have spent all day long arguing against global economy. It helps them to com- heating oil, electricity, or any other a bill that’s designed exactly to deal pete. It is about energy efficiency. But energy cost. That’s because the Demo- with the energy costs of those schools, it’s about energy efficiency in our crats refuse to unveil their ‘‘common- by helping those districts to refurbish, schools. It’s about ‘‘green’’ schools. It’s sense plan’’ for bringing down energy to rebuild, to remodel, to reconstruct a very, very good bill. Plus, in addition costs. old facilities that do not use energy ef- to that, it creates at least 100,000 jobs, What the motion to recommit pro- ficiently, that do not have state-of-the- and they are jobs that will not and can- poses is simple: We want to let schools art facilities for the conservation of not be exported, like so many of our use these funds where they are needed. energy, for the better use of energy. For many schools they need help with We are giving out tax cuts and have jobs have seen happen. their energy costs. for many years in a very sensible pro- This bill is supported by almost Currently, schools are prohibited gram to help businesses come into the every education body in the country. from using funds under this bill for modern age in energy. Businesses, It’s supported by the National School ‘‘maintenance.’’ Instead, these tax- homeowners, and others are reaping Board Association, it’s supported by payer dollars are supposed to go exclu- huge savings. But schools aren’t. the PTA, it’s supported by the NEA, sively for renovation and moderniza- So this bill simply says that the Fed- the Principals’ Associations through- tion. eral Government will join in a partner- out this country, it’s supported by the

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4960 CONGRESSIONAL RECORD — HOUSE June 4, 2008 American Federation of Teachers, and [Roll No. 378] Hinchey McNulty Schwartz the National School Administrators. Hinojosa Meek (FL) Scott (GA) AYES—187 Hirono Meeks (NY) Scott (VA) If the minority were really serious Aderholt Gingrey Pearce Hodes Melancon Serrano about this motion to recommit and Akin Gohmert Pence Holden Michaud Sestak about improving this bill, if they were Alexander Goode Peterson (PA) Holt Miller (NC) Shea-Porter Bachmann Goodlatte Petri Honda Miller, George Sherman serious about the cost of gasoline, if Hooley Mitchell Bachus Granger Pickering Sires Hoyer Mollohan they were serious about doing some- Barrett (SC) Graves Pitts Skelton Inslee Moore (KS) thing for the American people, and if Bartlett (MD) Hall (TX) Poe Slaughter Israel Moore (WI) they wanted to help the kids of this Barton (TX) Hastings (WA) Porter Smith (WA) Biggert Hayes Jackson (IL) Moran (VA) country, they wouldn’t have made it a Price (GA) Jefferson Murphy (CT) Snyder Bilbray Heller Putnam Solis Bilirakis Hensarling Johnson (GA) Murphy, Patrick bill that would be reported back Radanovich Souder Bishop (UT) Herger Johnson, E. B. Murtha promptly. That is what they have done. Ramstad Space Blackburn Hobson Jones (OH) Nadler Regula Speier They intend to kill the bill. Blunt Hoekstra Kagen Napolitano Rehberg Spratt Please vote against the motion to re- Boehner Hulshof Kanjorski Neal (MA) Reichert Stark commit. Bonner Hunter Kaptur Oberstar Bono Mack Inglis (SC) Renzi Kennedy Obey Stupak Mr. GEORGE MILLER of California. Boozman Issa Reynolds Kildee Olver Sutton I thank my colleague. Boustany Johnson (IL) Rogers (AL) Kilpatrick Ortiz Tanner Kind Pallone Tauscher All day long in this Chamber we have Brady (TX) Johnson, Sam Rogers (KY) Broun (GA) Jones (NC) Rogers (MI) Klein (FL) Pascrell Taylor had amendment after amendment say- Brown (SC) Jordan Rohrabacher Kucinich Pastor Thompson (CA) ing that if we weren’t putting money Brown-Waite, Keller Ros-Lehtinen Lampson Payne Thompson (MS) into school construction to refurbish Ginny King (IA) Roskam Langevin Perlmutter Tierney Buchanan King (NY) Royce Larsen (WA) Peterson (MN) Towns these schools in need, they would put it Burgess Kingston Ryan (WI) Larson (CT) Platts Tsongas in IDEA, they would put it in title I, Burton (IN) Kirk Sali Lee Pomeroy Udall (CO) they would put it in after-school care, Buyer Kline (MN) Saxton Levin Price (NC) Udall (NM) Calvert Knollenberg Scalise Lipinski Rahall Vela´ zquez they would put it in monitoring. You Loebsack Rangel Camp (MI) Kuhl (NY) Schmidt Visclosky know what? When they had the money Lofgren, Zoe Reyes Cannon LaHood Sensenbrenner Walz (MN) Lowey Richardson and they were in control, they didn’t Cantor Lamborn Sessions Wasserman Lynch Rodriguez Capito Latham Shadegg Schultz put it anywhere. Mahoney (FL) Ross Carter LaTourette Shays They inherited a $5 trillion surplus, a Maloney (NY) Rothman Waters Castle Latta Shimkus Markey Roybal-Allard Watson $5 trillion surplus, and when they had Coble Lewis (CA) Shuster Marshall Ruppersberger Watt the money, they didn’t put it any- Cole (OK) Lewis (KY) Simpson Waxman Conaway Linder Matheson Ryan (OH) Smith (NE) Weiner where. Now we have a $9 trillion debt Crenshaw LoBiondo Matsui Salazar Smith (NJ) Welch (VT) and they still can’t fund education. Cubin Lucas McCarthy (NY) Sa´ nchez, Linda Smith (TX) Wexler That is why we have got to stop it. We Culberson Lungren, Daniel McCollum (MN) T. Stearns McDermott Sanchez, Loretta Wilson (OH) should reject this motion to recommit. Davis (KY) E. Sullivan Davis, David Mack McGovern Sarbanes Woolsey Tancredo This is enough to kill the bill. What we Davis, Tom Manzullo McIntyre Schakowsky Wu Terry need is in fact more money for our Deal (GA) Marchant McNerney Schiff Yarmuth Thornberry Dent McCarthy (CA) schools. Tiahrt NOT VOTING—16 Diaz-Balart, L. McCaul (TX) Tiberi The SPEAKER pro tempore. The gen- Diaz-Balart, M. McCotter Andrews Gallegly McCrery tleman’s time has expired. Drake McHenry Turner Boucher Gilchrest Pryce (OH) Dreier McHugh Upton Campbell (CA) Gillibrand Rush PARLIAMENTARY INQUIRY Duncan McKeon Walberg Chabot Jackson-Lee Shuler Mr. WESTMORELAND. Parliamen- Ehlers McMorris Walden (OR) Doolittle (TX) Van Hollen Walsh (NY) tary inquiry, Mr. Speaker. Emerson Rodgers Filner Lewis (GA) Everett Mica Wamp The SPEAKER pro tempore. State Fallin Miller (FL) Weldon (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE your parliamentary inquiry. Feeney Miller (MI) Weller The SPEAKER pro tempore (during Ferguson Miller, Gary Westmoreland the vote). There are 2 minutes remain- Mr. WESTMORELAND. Mr. Speaker, Flake Moran (KS) Whitfield (KY) isn’t it true if this motion were to pass, Forbes Murphy, Tim Wilson (NM) ing in this vote. that this House could put the bill back Fossella Musgrave Wilson (SC) into the committee from which it came Foxx Myrick Wittman (VA) b 2037 Franks (AZ) Neugebauer Wolf and it could be brought out the next Frelinghuysen Nunes Young (AK) Mr. ISRAEL changed his vote from legislative day? Gerlach Paul Young (FL) ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore. As the So the motion to recommit was re- NOES—230 Chair reaffirmed on November 15, 2007, jected. Abercrombie Carson Donnelly at some subsequent time, the com- Ackerman Castor Doyle The result of the vote was announced mittee could meet and report the bill Allen Cazayoux Edwards as above recorded. back to the House. Altmire Chandler Ellison Stated against: Arcuri Childers Ellsworth Mr. FILNER. Mr. Speaker, on rollcall 378, I Without objection, the previous ques- Baca Clarke Emanuel tion is ordered on the motion to recom- Baird Clay Engel was unable to vote because of delays in my mit. Baldwin Cleaver English (PA) air travel. Had I been present, I would have There was no objection. Barrow Clyburn Eshoo voted ‘‘no.’’ Bean Cohen Etheridge The SPEAKER pro tempore. The Becerra Conyers Farr (By unanimous consent, Mr. BRALEY question is on the motion to recommit. Berkley Cooper Fattah of Iowa was allowed to speak out of Berman Costa Fortenberry order.) The question was taken; and the Berry Costello Foster Speaker pro tempore announced that Bishop (GA) Courtney Frank (MA) MOMENT OF SILENCE FOR VICTIMS OF IOWA the noes appeared to have it. Bishop (NY) Cramer Garrett (NJ) TORNADOES Blumenauer Crowley Giffords Mr. BRALEY of Iowa. Mr. Speaker, RECORDED VOTE Boren Cuellar Gonzalez on Sunday, May 25, when many of us Mrs. MCMORRIS RODGERS. Mr. Boswell Cummings Gordon Boyd (FL) Davis (AL) Green, Al were enjoying the Memorial Day holi- Speaker, I demand a recorded vote. Boyda (KS) Davis (CA) Green, Gene day, my district was hit with an F5 tor- A recorded vote was ordered. Brady (PA) Davis (IL) Grijalva nado that left a path of death and dev- The SPEAKER pro tempore. This 15- Braley (IA) Davis, Lincoln Gutierrez Brown, Corrine DeFazio Hall (NY) astation in its wake. The cities of Par- minute vote will be followed by a 5- Butterfield DeGette Hare kersburg, New Hartford, Dunkerton, minute vote on passage, if ordered. Capps Delahunt Harman Hazleton and Lamont were the cities The vote was taken by electronic de- Capuano DeLauro Hastings (FL) that were hit hardest. Eight people Cardoza Dicks Herseth Sandlin vice, and there were—ayes 187, noes 230, Carnahan Dingell Higgins were killed, 350 people lost their not voting 16, as follows: Carney Doggett Hill homes, thousands more had their

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4961 homes severely damaged, and 50 busi- Payne Saxton Taylor The result of the vote was announced Perlmutter Schakowsky Thompson (CA) nesses were destroyed, including 21 in Peterson (MN) Schiff Thompson (MS) as above recorded. the small town of Parkersburg alone. Platts Schwartz Tierney The title was amended so as to read: I would ask at this time for a mo- Pomeroy Scott (GA) Towns ‘‘A bill to direct the Secretary of ment of silence for those who lost their Porter Scott (VA) Tsongas Education to make grants to State Price (NC) Serrano Udall (CO) educational agencies for the mod- lives and to remember the sacrifice Rahall Sestak Udall (NM) that is being made right now. Ramstad Shays Vela´ zquez ernization, renovation, or repair of The SPEAKER pro tempore. Mem- Rangel Shea-Porter Visclosky public kindergarten, elementary, and Reichert Sherman Walz (MN) secondary educational facilities, and bers will rise and observe a moment of Renzi Sires Wasserman silence. Reyes Skelton Schultz for other purposes.’’. Richardson Slaughter Waters A motion to reconsider was laid on ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Rodriguez Smith (NJ) Watson the table. The SPEAKER pro tempore. Without Ros-Lehtinen Smith (WA) Watt Stated for: objection, 5-minute voting will con- Ross Snyder Waxman Rothman Solis Weiner Mr. FILNER. Mr. Speaker, on rollcall 379, I tinue. Roybal-Allard Space Welch (VT) was unable to vote because of delays in my There was no objection. Ruppersberger Speier Weller air travel. Had I been present, I would have The SPEAKER pro tempore. The Ryan (OH) Spratt Wexler voted ‘‘yea.’’ Salazar Stark Whitfield (KY) question is on the passage of the bill. Sa´ nchez, Linda Stupak Wilson (OH) f The question was taken; and the T. Sutton Woolsey AUTHORIZING THE CLERK TO Speaker pro tempore announced that Sanchez, Loretta Tanner Wu MAKE CORRECTIONS IN EN- the ayes appeared to have it. Sarbanes Tauscher Yarmuth GROSSMENT OF H.R. 3021, 21ST Mr. GEORGE MILLER of California. NAYS—164 CENTURY GREEN HIGH-PER- Mr. Speaker, on that I demand the yeas Aderholt Fossella Nunes FORMING PUBLIC SCHOOL FA- and nays. Akin Foxx Paul CILITIES ACT The yeas and nays were ordered. Alexander Franks (AZ) Pearce Bachmann Frelinghuysen Pence Mr. GEORGE MILLER of California. The SPEAKER pro tempore. This Bachus Garrett (NJ) Peterson (PA) will be a 5-minute vote. Barrett (SC) Gingrey Petri Mr. Speaker, I ask unanimous consent The vote was taken by electronic de- Bartlett (MD) Gohmert Pickering that, in the engrossment of the bill, Barton (TX) Goode Pitts vice, and there were—yeas 250, nays H.R. 3021, the Clerk be authorized to Biggert Goodlatte Poe correct the table of contents, section 164, not voting 19, as follows: Bilbray Granger Price (GA) Bilirakis Graves numbers, punctuation, citations, and [Roll No. 379] Putnam Bishop (UT) Hall (TX) Radanovich cross-references and to make such YEAS—250 Blackburn Hastings (WA) Regula other technical and conforming Blunt Heller Abercrombie Diaz-Balart, L. Rehberg Kind Boehner Hensarling changes as may be appropriate to re- Ackerman Diaz-Balart, M. Reynolds Kirk Bonner Herger flect the actions of the House. Allen Dicks Rogers (AL) Klein (FL) Bono Mack Hobson Altmire Dingell Rogers (KY) The SPEAKER pro tempore. Is there Kucinich Boozman Hoekstra Arcuri Doggett Rogers (MI) Lampson Boustany Hulshof objection to the request of the gen- Baca Donnelly Rohrabacher Langevin Brady (TX) Hunter tleman from California? Baird Doyle Roskam Larsen (WA) Broun (GA) Inglis (SC) There was no objection. Baldwin Edwards Royce Larson (CT) Brown (SC) Issa Barrow Ellsworth Ryan (WI) f LaTourette Brown-Waite, Johnson, Sam Bean Emanuel Sali Lee Ginny Jones (NC) Becerra Engel Scalise HOUR OF MEETING ON TOMORROW Levin Buchanan Jordan Berkley English (PA) Lipinski Burgess King (IA) Schmidt Mr. GEORGE MILLER of California. Berman Eshoo LoBiondo Burton (IN) King (NY) Sensenbrenner Berry Etheridge Mr. Speaker, I ask unanimous consent Loebsack Buyer Kingston Sessions Bishop (GA) Farr that when the House adjourns today, it Lofgren, Zoe Calvert Kline (MN) Shadegg Bishop (NY) Fattah Lowey Camp (MI) Knollenberg Shimkus adjourn to meet at 9:30 a.m. tomorrow. Blumenauer Foster Lynch Cannon Kuhl (NY) Shuster The SPEAKER pro tempore. Is there Boren Frank (MA) Mahoney (FL) Cantor LaHood Simpson Boswell Gerlach objection to the request of the gen- Maloney (NY) Capito Lamborn Smith (NE) Boyd (FL) Giffords tleman from California? Markey Carter Latham Smith (TX) Boyda (KS) Gonzalez Marshall Castle Latta Souder There was no objection. Brady (PA) Gordon Matheson Coble Lewis (CA) Stearns Brown, Corrine Green, Al f Matsui Cole (OK) Lewis (KY) Sullivan Butterfield Green, Gene McCarthy (NY) Conaway Linder Tancredo HONORING THE NATIONAL CHAM- Capps Grijalva McCaul (TX) Crenshaw Lucas Terry Capuano Gutierrez PIONS FROM LEWIS CLARK McCollum (MN) Cubin Lungren, Daniel Thornberry Cardoza Hall (NY) McDermott Culberson E. Tiahrt STATE COLLEGE IN LEWISTON, Carnahan Hare McGovern Davis (KY) Mack Tiberi IDAHO Carney Harman McHugh Davis, David Manzullo Turner Carson Hastings (FL) (Mr. SALI asked and was given per- McIntyre Deal (GA) McCarthy (CA) Upton Castor Hayes McNerney Drake McCotter Walberg mission to address the House for 1 Cazayoux Herseth Sandlin McNulty Dreier McHenry Walden (OR) minute and to revise and extend his re- Chandler Higgins Meek (FL) Duncan McKeon Walsh (NY) Childers Hill marks.) Meeks (NY) Ehlers McMorris Wamp Clarke Hinchey Mr. SALI. Mr. Speaker, I rise today Melancon Emerson Rodgers Weldon (FL) Clay Hinojosa Michaud Everett Mica Westmoreland in honor of the national champions Cleaver Hirono Miller (MI) Fallin Miller (FL) Wilson (NM) from Lewis Clark State College in Clyburn Hodes Miller (NC) Feeney Miller, Gary Wilson (SC) Cohen Holden Lewiston, Idaho. Miller, George Ferguson Moran (KS) Wittman (VA) Conyers Holt Mitchell Flake Musgrave Wolf Last week, the LCSC Warriors won Cooper Honda Mollohan Forbes Myrick Young (AK) the 52nd annual National Association Costa Hooley Moore (KS) Fortenberry Neugebauer Young (FL) Costello Hoyer Moore (WI) of Intercollegiate Athletics champion- Courtney Inslee Moran (VA) NOT VOTING—19 ship World Series baseball game. It was Cramer Israel Murphy (CT) Andrews Filner Marchant LCSC’s third straight win, and 16th Crowley Jackson (IL) Murphy, Patrick Boucher Gallegly since 1982, all under the leadership of Cuellar Jefferson Murphy, Tim McCrery Braley (IA) Gilchrest Cummings Johnson (GA) Murtha Pryce (OH) Coach Ed Cheff. Lewis Clark State Col- Campbell (CA) Gillibrand Davis (AL) Johnson (IL) Nadler Rush lege can be proud of these men for an Chabot Jackson-Lee Davis (CA) Johnson, E. B. Napolitano Shuler Doolittle (TX) extraordinary win and the national Davis (IL) Jones (OH) Neal (MA) Van Hollen Ellison Lewis (GA) Davis, Lincoln Kagen Oberstar recognition they are once again receiv- Davis, Tom Kanjorski Obey ing. In fact, I was proud to recognize DeFazio Kaptur Olver b 2046 the fine athletes at LCSC by wearing DeGette Keller Ortiz Mrs. MUSGRAVE changed her vote their red, white, and blue uniform dur- Delahunt Kennedy Pallone DeLauro Kildee Pascrell from ‘‘yea’’ to ‘‘nay.’’ ing the congressional baseball game Dent Kilpatrick Pastor So the bill was passed. last year.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4962 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Mr. Speaker, naturally I believe In 1938, Lieutenant Commander enemy installations with precision has Idaho produces the best of everything. Hulsey enrolled at North Georgia Col- proven itself critical in defending our The best agriculture, the best compa- lege, then a 2-year institution, prior to country from ever present threats. nies, the best people, and, indeed, the transferring to the University of Geor- Mr. Speaker, I am truly pleased to best baseball players, originate in gia in Athens for completion of his rise today in honor of Lieutenant Com- Idaho, and last week’s win just proves studies. While at the University of mander John Burl Hulsey, Sr. I would the point. My congratulations to the Georgia, Lieutenant Commander also like to thank him, his wife, Mary Warriors, LCSC, and Lewiston, Idaho. Hulsey participated in the university’s Louise, and members of his family who f civilian pilot training program, where have joined me in the House gallery he began preparing for a career in avia- this evening to receive this special rec- SPECIAL ORDERS tion. Immediately prior to entering his ognition. His service, while having oc- The SPEAKER pro tempore. Under senior year at the University of Geor- curred over 6 decades ago, continues to the Speaker’s announced policy of Jan- gia, Lieutenant Commander Hulsey de- save the lives of those in the front lines uary 18, 2007, and under a previous cided to enlist in the Navy, and was or- of the war on terror. I thank Lieuten- order of the House, the following Mem- dered to report for service shortly ant Commander Hulsey, and will al- bers will be recognized for 5 minutes thereafter. ways share a deep respect for this each. In addition to being stationed for hero’s courage, valor, and dedication f– training at naval air stations in and service in the United States Navy. The SPEAKER pro tempore. Under a Chamblee, Georgia, Pensacola, Florida, And I conclude by congratulating him previous order of the House, the gen- and New Orleans, he and other mem- on his 90th birthday. bers of what were called STAG I spent tleman from Texas (Mr. POE) is recog- f several years in Clinton, Oklahoma and nized for 5 minutes. The SPEAKER pro tempore. Under a (Mr. POE addressed the House. His Traverse City, Michigan, where they previous order of the House, the gen- remarks will appear hereafter in the conducted extensive testing and devel- tleman from Illinois (Mr. DAVIS) is rec- Extensions of Remarks.) opment of the drone project prior to ognized for 5 minutes. f deployment to the Pacific theater. Finally, in May 1944, Lieutenant (Mr. DAVIS of Illinois addressed the JOHN BURL HULSEY, SR. Commander Hulsey and many of his House. His remarks will appear here- The SPEAKER pro tempore. Under a fellow STAG I pilots departed for the after in the Extensions of Remarks.) previous order of the House, the gen- Russell Islands in the Solomon Island f tleman from Georgia (Mr. DEAL) is rec- Chain, about 25 miles from Guadal- HELPING THE IRAQIS HELP ognized for 5 minutes. canal, where the Navy prepared to THEMSELVES Mr. DEAL of Georgia. Mr. Speaker, I carry out a critical series of attacks on rise today to recognize an extraor- enemy strongholds across the region. The SPEAKER pro tempore. Under a dinary American and a native of my Anti-aircraft fire was heavy at times previous order of the House, the gentle- congressional district, John Burl around his plane and the drones which woman from California (Ms. WOOLSEY) Hulsey, Sr., who was instrumental as a he followed, but he was, fortunately, is recognized for 5 minutes. Navy pilot during World War II in the never struck. Ms. WOOLSEY. Mr. Speaker, ours is development of our Nation’s first On September 27, 1944, the very first a very generous Nation. As we have cruise missile. TDR–1 assault drone attack in combat seen in the aftermath of Hurricane While all of his friends are certainly was successfully carried out, marking Katrina and the Southeast Asian tsu- aware of his service in the Navy, very an historic moment in the development nami, the depth and breadth of Amer- few know that Lieutenant Commander and implementation of cruise missiles ican giving is unsurpassed. Our dedica- Hulsey was one of the 48 Navy pilots in warfare. tion goes far beyond natural disasters, hand-selected for this top secret mis- Of the 47 total attacks carried out by however. sion. In fact, this project was so top se- STAG I during their brief mission in In each of our communities we have cret that Lieutenant Commander the Pacific, an unprecedented 22 tar- seen families reaching out by sending Hulsey was prohibited from even dis- gets resulted in direct hits, including care packages to our troops, or donat- cussing it with his wife, Mary Louise, island caves loaded with enemy ammu- ing school supplies for Iraqi children, until it was officially declassified in nition and anti-aircraft installations in or giving to refugee relief organiza- 1989. the Shortland Islands, Bougainville, tions. With the support of the Con- During World War II, the United and Rabaul. These attacks sustained a gress, the U.S. government is begin- States Navy established two special record 47 percent hit on intended tar- ning to follow the path of the Amer- squadrons which developed the Stand- gets, an incredible accomplishment in ican people. Instead of a foreign policy off Guided Missile Forces, an experi- 1940’s technology. The short mission balanced on the tip of a gun, some U.S. mental program designed to direct un- ended as the war came to a close and programs are reaching out to the peo- manned drone aircraft loaded with ex- U.S. forces began to extinguish their ple on the ground. plosives into enemy targets. Remote- supplies of drones. controlled drones, pilotless planes with In a July of 1990 letter sent to mem- b 2100 a video camera mounted on their noses, bers of STAG I and the Special Air These are the types of programs were loaded with 2,000 pound bombs Task Force, then Secretary of the which should be receiving robust sup- and directed to their targets by a trail- Navy H. Lawrence Garrett commended port, not a misguided military agenda ing aircraft located several miles from the brave men and women for their without an end game. the site of impact. Using radar guid- service to our Nation, honoring, and I The United States Agency for Inter- ance and wireless video transmission, quote, ‘‘the vision, determination, and national Development, known as this technology was state-of-the-art, dedication with which they performed USAID, has several excellent projects futuristic technology in the early 1940s. their secret duties during World War II, that are getting relief into the hands of For the first time in history, naval avi- which laid the groundwork for today’s Iraqi families. We should be helping to ators were able to accurately strike modern cruise missile.’’ rebuild communities because, as the high-profile, heavily defended installa- There is no question, Mr. Speaker, old saying goes, ‘‘You break it, you buy tions while remaining out of danger. that the accomplishments of the men it.’’ To be sure, our obligation goes Also termed the American Kamikaze, of STAG I laid the groundwork for the well beyond military and security this mission set forth a powerful blow development of modern-day smart intervention. to the enemy, using tactics never be- bombs, which has revolutionized Amer- One program deserving note is a fore seen in modern warfare, undoubt- ican military strategy as well as that USAID grant to get the Balad canning edly changing the scope and the out- of our allies across the globe. Countless factory up and running again. The fac- come of World War II as well as various lives have been saved through this tory, one of Iraq’s largest food proc- conflicts which have followed. technology, and our ability to target essors, was built in 1974. It was built as

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4963 a government-owned tomato paste fac- reining in the Federal Government is refinery capability and capacity to tory. After privatization, the factory fundamental to returning power to the quickly convert this fuel into a usable was producing 10 more products and U.S. citizens, and to promote economic form. Yet House Democrats have op- employing 1,000 people, including 200 growth. We should support our free posed increasing refinery capacity 96 women. market by eliminating unnecessary percent of the time, while House Re- According to USAID, with the insta- regulation, unfair taxes, and promoting publicans have supported responsible bility that was brought on by the inva- the economic growth that we so des- and environmentally sound develop- sion of Iraq and the ensuing civil war, perately need. I say, heavy taxation is ment 97 percent of the time. We need to the factory’s potential for food proc- bad representation. streamline getting oil refineries on- essing was shattered. Farmers were un- Speaker PELOSI promised to lower line. able to work the fields, and the factory energy prices at the beginning of the America is the Saudi Arabia of coal. no longer had access to the agricul- 110th Congress. Yet, today the average We must promote this abundant re- tural supply required to operate. Not price of gasoline has gone up $1.65 per source by promoting coal-to-liquids only were factory workers suddenly un- gallon, a nearly 71 percent increase. technology. Yet House Democrats have employed, tens of thousands of farmers The Pelosi premium is now costing the opposed the promotion of coal-to-liq- found themselves similarly destitute. average American $3.98 per gallon of uids technology 78 percent of the time, A U.S. Government grant for $5 mil- gasoline. And in my district, the 10th while House Republicans have sup- lion will ensure that power, water, Congressional District in Georgia, it’s ported responsible and environ- waste treatment and steam are re- over $4 a gallon. mentally sound development 97 percent stored to the plant. This is essential to Congressional Democrats talk about of the time. get the factory back on-line. our addiction to foreign oil, yet they What is the opposition’s solution to When we look at what we are spend- refuse to allow access to American oil this national emergency? They have ing on the military occupation of Iraq, and our gas supplies that are necessary passed a so-called energy bill that’s a somewhere around $9 billion a week, $5 to cure this so-called addiction. This is non-energy bill. million looks like a drop in the bucket. as idiotic as asking Shaquille O’Neal to Energy is the lifeblood of the Amer- In fact, $5 million for development as- play basketball on his knees, or Alex ican economy. We need to develop our sistance actually equals 21 minutes of Rodriguez hitting a baseball left-hand- own natural resources and drill for oil military spending. As some of my col- ed. now. leagues like to say, this is a hand up, America has been blessed with abun- f dant talent, a tremendous quantity of not a hand-out. ENERGY SAVINGS We are rebuilding the heart of com- natural resources. Yet we continue to munities through jobs, through growth operate with our knees on the ground The SPEAKER pro tempore. Under a and investment into the infrastructure, and hitting from the wrong side of the previous order of the House, the gen- the results of which will be seen for plate. Unfortunately, this is not a tleman from California (Mr. GEORGE generations to come. game that Americans can afford to MILLER) is recognized for 5 minutes. We need to take a serious look, Mr. play. Mr. GEORGE MILLER of California. Speaker, at our presence in Iraq. Is it Developing American oil and gas will Mr. Speaker, Democrats have fought to any wonder that there is frustration? help bring prices down and help break bring America’s addiction to oil to the We can spend billions of dollars perpet- the stranglehold on energy that hostile forefront of our national attention for uating an occupation, but we can’t countries in the Middle East enjoy. Yet years. We must reduce our dependence truly commit to humanitarian assist- Congressional Democrats continue to on oil in order to stimulate the econ- ance, to reconciliation and a diplo- refuse any development whatsoever. omy, to protect our country and to matic surge? We should not be hesitant to tap into curb the harmful effects of global It’s simple, if we listen to the Amer- our abundant natural resources, espe- warming. ican people and to the Iraqi families. cially at a time when energy costs are Since Democrats gained control of Let’s end this occupation of Iraq and so high. the Congress last year, we raised auto- bring our troops and military contrac- Alaska’s ANWR is estimated to con- mobile fuel efficiency standards for the tors home. It is time to rebuild, not re- tain between 5.7 and 16 billion barrels first time in over a quarter of a cen- ignite a military conflict. of oil. Yet House Democrats have op- tury, despite the opposition of Presi- posed ANWR exploration 86 percent of dent Bush. f the time, while House Republicans And the House recently passed a The SPEAKER pro tempore (Mr. have supported responsible and envi- comprehensive renewable energy bill. DONNELLY). Under a previous order of ronmentally sound development 91 per- Our renewable energy bill will reduce the House, the gentleman from North cent of the time. America’s dependence on oil. It will Carolina (Mr. JONES) is recognized for 5 The Outer Continental Shelf, OCS, is lower energy costs, protect the envi- minutes. estimated to contain 19 billion barrels ronment, and create hundreds of thou- (Mr. JONES of North Carolina ad- of oil and 84 trillion cubic feet of nat- sands of new skilled green jobs all dressed the House. His remarks will ap- ural gas. Yet House Democrats have across America. pear hereafter in the Extensions of Re- opposed developing the OCS 83 percent While Congress is working hard to re- marks.) of the time, while House Republicans duce our oil dependence, my constitu- f have supported responsible and envi- ents are working hard to do their part ronmentally sound development 81 per- to battle rising energy prices and re- GAS PRICES/TAXES cent of the time. Today we are drilling duce their own carbon footprint. The SPEAKER pro tempore. Under a for ice on Mars, but we cannot drill for I recently asked my constituents to previous order of the House, the gen- oil in America. tell me what they were doing to reduce tleman from Georgia (Mr. BROUN) is America contains enough oil shale to their personal energy consumption and recognized for 5 minutes. supply all our needs for over two cen- to reduce the cost of energy in their Mr. BROUN of Georgia. Mr. Speaker, turies, estimated at over 2 trillion bar- monthly lives, and I promised that I the American people are sick and tired rels. Yet House Democrats have op- would share some of these best ideas of high gas prices, high taxes and un- posed oil shale exploration 86 percent right here on the House floor. necessary regulation on our lands. As of the time, while House Republicans Here are some of the comments I’ve an ardent capitalist, I believe that the have supported responsible and envi- received so far. Many of my constitu- marketplace, unencumbered by govern- ronmentally sound development 90 per- ents are already following some of the ment regulation, by high taxes, is the cent of the time. more conventional but important best way to control quality, quantity America hasn’t built a new oil refin- methods of energy conservation, in- and cost of all goods and services. ery in decades. It would do little good cluding replacing traditional light The price of gasoline is not immune to increase development of our domes- bulbs with compact fluorescent lights, to market forces. Cutting taxes and tic supplies of oil if we do not have the unplugging appliances that aren’t in

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4964 CONGRESSIONAL RECORD — HOUSE June 4, 2008 use, drying clothes outside in the Cali- making about reducing energy costs in economy will pass ours; that their rival fornia sun. Many more are taking ad- their personal daily lives. model of governance will be adopted vantage of public transportation op- f throughout the world of the corporate tions throughout Northern California The SPEAKER pro tempore. Under a structure where one can make money and the San Francisco Bay area. previous order of the House, the gen- when allowed by the tyrants and that all of your political rights simply do Patricia Kneisler of Benicia, Cali- tleman from Indiana (Mr. BURTON) is fornia, gangs all of her errands to- recognized for 5 minutes. not exist but for the whim of the com- gether. By doing this, as she says, her (Mr. BURTON of Indiana addressed munist party. I believe the people who are writing ‘‘gas guzzler,’’ the 1995 SUV, is only the House. His remarks will appear used when absolutely necessary and in the obituary of the West and of our free hereafter in the Extensions of Re- Republic are mistaken, and I believe the most efficient manner. marks.) Gina Hale’s family in Pittsburg, Cali- that over time, the voices and the in- fornia, attached ultraviolet blocking f fluence of the communist tyrants in film on all of the house’s windows to b 2115 Beijing will ring as hollow in the ears cut down on air conditioning costs dur- of our fellow human beings as once did IN COMMEMORATION OF the callow calls from the halls of the ing the summer. TIANANMEN SQUARE PROTEST Melissa Miller of Concord, California Polit Bureau that the Soviet Union runs her dishwasher only when it is full The SPEAKER pro tempore. Under a was going to bury the United States. and at night when the electricity rates previous order of the House, the gen- So as we go forward toward the go down after 7 p.m. tleman from Michigan (Mr. MCCOTTER) Olympics, as we go forward from the I have posted on my Web site sources is recognized for 5 minutes. 19th commemoration of the butchering of information about how consumers Mr. MCCOTTER. Mr. Speaker, today in Tiananmen Square of the killing of can reduce their energy consumption the world commemorates and mourns students my own age for wanting the and save money and help protect the the events that happened in same God-given rights that I and ev- environment. I invite you to visit my Tiananmen Square 19 years ago today. eryone in this country have, let’s not Web site. While you’re there, post It was then that over 2,000 people were forget the 130. Let’s demand their re- lease, for if we do not, we will betray your own comments about your ideas massacred by the Communist regime not only their liberty, but our pro- of saving energy. It’s at for the crime of quoting Thomas Jef- fessed commitment to being a beacon www.georgemiller.house.gov. ferson and James Madison, the crime of Small changes have big impacts. Not creating a model of the Statue of Lib- of hope for all of the world; and we will have squandered the legacy given to us only are my constituents reducing erty, killed for the crime of wanting as the custodians of this last best hope their own energy bills, but they’re also their God-given right to liberty. of Earth. contributing to our future energy inde- In these 19 years, many things have pendence. changed and, sadly, too many people f Mr. Speaker, Congress can and must have forgotten. The SPEAKER pro tempore. Under a continue to support all of the individ- But there are 130 people that cannot previous order of the House, the gentle- uals who are working to reduce energy forget. There are 130 people that re- woman from Ohio (Ms. KAPTUR) is rec- consumption. We must work to pass main in the communist Chinese prisons ognized for 5 minutes. legislation that invests in renewable for participating in the pro-democracy (Ms. KAPTUR addressed the House. energy, encourages innovation and in- demonstrations at Tiananmen Square Her remarks will appear hereafter in vestment in green technology and sup- in 1989. the Extensions of Remarks.) ports the creation of green jobs. Today, many are told that the com- f Congress is obligated to move Amer- munist Chinese regime will one day The SPEAKER pro tempore. Under a ica into the future, into a modern en- change. We’ve heard this for 19 years. previous order of the House, the gen- ergy policy, and stop the reliance on We have seen corporate leaders, we tleman from North Carolina (Mr. the past fossil fuels policy that has have seen elected officials, and regret- MCHENRY) is recognized for 5 minutes. kept this country in bondage to the oil tably we will soon see the President of (Mr. MCHENRY addressed the House. companies and to the suppliers from the United States go over to Beijing for His remarks will appear hereafter in overseas. Our economy and our envi- the Olympics and meet with the butch- the Extensions of Remarks.) ronment depend upon it. ers that killed 2,000 people, and they f It is a tragedy that President Bush continue to imprison 130 of their fellow SUNSET MEMORIAL and 12 years of a Republican Congress human beings. The SPEAKER pro tempore. Under a stood in the way of energy independ- The arguments that will be made in previous order of the House, the gen- ence, stood in the way of a modern en- attending this propaganda fest will be tleman from Arizona (Mr. FRANKS) is ergy program. While the President told that we have to show our respect to the Chinese people; that we have to show recognized for 5 minutes. the Nation and Congress that we’re ad- Mr. FRANKS of Arizona. Mr. Speaker, I them that somehow the United States dicted to oil, he did nothing to alter stand once again before this House with yet of America wants to usher in this com- that addiction—nothing other than to another Sunset Memorial. call for more oil drilling. Spoken like a munist, nuclear-armed dictatorship It is June 4, 2008 in the land of the free and true addict. into the world stage. I find this logic the home of the brave, and before the sun set Now is the time to move forward. reprehensible. today in America, almost 4,000 more defense- The price of gas and oil is at a crisis to The United States is a beacon of lib- less unborn children were killed by abortion on America’s families, and we must act erty and hope for all the world sup- demand. That’s just today, Mr. Speaker. quickly and boldly to come to grips pressed. When the leaders of the United That’s more than the number of innocent lives with this crisis. States, be they in business or, more lost on September 11 in this country, only it Our future depends upon reducing our importantly, in the corridors of Con- happens every day. demand for oil, increasing energy effi- gress or in the halls of the White It has now been exactly 12,917 days since ciency, and providing sustainable en- House, attend these communist Olym- the tragedy called Roe v. Wade was first ergy sources to relieve consumers of pics, the Chinese people that I am wor- handed down. Since then, the very foundation the crippling energy costs that invade ried about, the Chinese people that I of this Nation has been stained by the blood their lives on a daily basis and to stim- believe we will not be standing behind of almost 50 million of its own children. Some ulate the next generation of innova- will be the people who are rotting in of them, Mr. Speaker, died and screamed as tion. the jails for the crime of yearning to be they did so, but because it was amniotic fluid I appreciate the contributions of my free. passing over the vocal cords instead of air, no constituents, and I look forward to The question then arises, what can one could hear them. hearing from more of them and to we do as a Nation? Many believe the And all of them had at least four things in bring them to the attention of the 21st century will be the century of the common. First, they were each just little ba- House to see what decisions they’re communist Chinese regime; that their bies who had done nothing wrong to anyone,

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00086 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4965 and each one of them died a nameless and CELEBRATING THE LIFE OF OUR CONSTITUENTS’ NUMBER ONE lonely death. And each one of their mothers, CAMERON ARGETSINGER CONCERN IS THE HIGH PRICE OF whether she realizes it or not, will never be The SPEAKER pro tempore. Under a OIL quite the same. And all the gifts that these previous order of the House, the gen- The SPEAKER pro tempore. Under children might have brought to humanity are tleman from New York (Mr. KUHL) is the Speaker’s announced policy of Jan- now lost forever. Yet even in the glare of such recognized for 5 minutes. uary 18, 2007, the gentlewoman from tragedy, this generation still clings to a blind, Mr. KUHL of New York. Mr. Speaker, Colorado (Mrs. MUSGRAVE) is recog- invincible ignorance while history repeats itself millions of Americans and auto racing nized for 60 minutes as the designee of and our own silent genocide mercilessly anni- enthusiasts around the world look for- the minority leader. hilates the most helpless of all victims, those ward to each weekend for the invig- Mrs. MUSGRAVE. Mr. Speaker, re- yet unborn. orating sights, sounds, and experience cently in my district of Colorado, I had of professional sports car racing. These an opportunity to talk to my constitu- Mr. Speaker, perhaps it’s time for those of fans owe a great thanks to one of the ents firsthand about the high cost of us in this Chamber to remind ourselves of why founding fathers of road racing, Wat- gasoline. I decided to go right to the we are really all here. Thomas Jefferson said, kins Glen’s own Cameron Argetsinger gas station and go up and offer to pump ‘‘The care of human life and its happiness and who passed away this last month. my constituents’ gas. Now, this is a not its destruction is the chief and only object Today I join these fans in mourning very good way to get an honest opinion of good government.’’ The phrase in the 14th the loss of this auto racing pioneer who from someone who, quite frankly, is Amendment capsulizes our entire Constitution, has left an indelible mark on the auto- caught off guard to see a Member of it says, ‘‘No State shall deprive any person of mobile world and on the community of Congress right there willing to pump life, liberty or property without due process of Watkins Glen, New York. What Cam- their gas; and when I introduced my- law.’’ Mr. Speaker, protecting the lives of our eron Argetsinger began in 1948 as a self, some of them recognized me, but innocent citizens and their constitutional rights road race through and over the streets others that don’t, I introduce myself is why we are all here. of Watkins Glen, New York, has grown and I say, Would you like to talk to me The bedrock foundation of this Republic is over the last 60 years to now a private about what is on your mind today? And the clarion declaration of the self-evident truth track that has hosted the best drivers almost to a person, they said, You that all human beings are created equal and in the world, from NASCAR to For- mean besides the high cost of gasoline? mula 1, including the United States endowed by their Creator with the unalienable And I knew, after spending a great deal Grand Prix. rights of life, liberty and the pursuit of happi- of time at that gas station, that my He has made the small town of Wat- constituents’ number one concern is ness. Every conflict and battle our Nation has kins Glen famous throughout the coun- the high cost of gasoline. ever faced can be traced to our commitment try. Almost every legendary auto racer They told me in various ways how its to this core, self-evident truth. over the last 60 years has visited affecting their lives. I talked to one It has made us the beacon of hope for the Schuyler County to race at the Glen woman, Mr. Speaker, and she was tell- entire world. Mr. Speaker, it is who we are. and to pay homage to a man who ing me that she had to drive about 20 helped make auto racing what it is And yet today another day has passed, and miles into Graley where she worked, today. we in this body have failed again to honor that and her fuel bill was getting so high Cameron Argetsinger inherited a love that she literally thought about stay- foundational commitment. We have failed our for fast cars from his father and in 1947 ing with relatives in town instead of sworn oath and our God-given responsibility bought his first sports car so he could driving the 20 miles each way to get as we broke faith with nearly 4,000 more inno- become a member of the nascent home every night. It was putting such cent American babies who died today without Sports Car Club of America. With the a financial burden on this lady. She the protection we should have given them. desire to race his car, he organized a was literally thinking about not going Mr. Speaker, let me conclude in the hope sports car race designed to appear like home every night but staying in town that perhaps someone new who heard this a European-style road race through the during the week and going home on the Sunset Memorial tonight will finally embrace streets of Watkins Glen. That first race weekend. the truth that abortion really does kill little ba- in Watkins Glen had only 23 cars par- I talked to another individual, and he bies; that it hurts mothers in ways that we can ticipating and followed the route that at one time had a fleet of trucks that never express; and that 12,917 days spent Cameron Argetsinger laboriously he operated. He had a trucking busi- killing nearly 50 million unborn children in planned on his living room floor. ness. So he had firsthand knowledge America is enough; and that the America that Ten years later, after the road races about what the high cost of fuel is rejected human slavery and marched into Eu- moved to a new 2.3-mile course, doing to the trucking industry. And as rope to arrest the Nazi Holocaust is still coura- Argetsinger brought full international he and I stood there and talked, Mr. geous and compassionate enough to find a races to Watkins Glen. In 1961, he inau- Speaker, we were remarking that when better way for mothers and their unborn ba- gurated the U.S. Grand Prix for For- you go into stores in Colorado and bies than abortion on demand. mula 1, which had a successful 20 years’ around the Nation, there’s an abun- run in the Watkins Glen circuit. dance of things on the shelves that we So tonight, Madam Speaker, may we each After leaving Watkins Glen in 1970, Americans can purchase and enjoy. But remind ourselves that our own days in this he was executive vice president of what most people don’t think about is sunshine of life are also numbered and that all Chaparral Cars and was subsequently every one of those items was hauled in too soon each one of us will walk from these director of professional racing and ex- a truck. And truckers are experiencing Chambers for the very last time. ecutive director of the Sports Car Club a great deal of hardship lately with the And if it should be that this Congress is al- of America, SCCA, from 1971 to 1977. He high cost of fuel, and many of them are lowed to convene on yet another day to come, also served as commissioner of the going out of business. may that be the day when we finally hear the International Motor Sport Association Now this gentleman that had the cries of innocent unborn children. May that be from 1986 to 1992. Cameron Argetsinger trucking business previously now has a the day when we find the humanity, the cour- was a member of the inaugural induc- trucking repair business, and he told age, and the will to embrace together our tion class of the Hall of Fame of the me that the high cost of fuel had ad- human and our constitutional duty to protect Sports Car Club of America in January versely affected this business that he of 2005. He is also in the Schuyler these, the least of our tiny, little American had also. County, New York, Hall of Fame. I talked to another gentleman, and brothers and sisters from this murderous Cameron Argetsinger loved sports he works in Denver, Colorado, but scourge upon our Nation called abortion on cars and never looked back when chas- drives from my district up there, and demand. ing his dream. He was an attorney, a he was telling me that every week he is It is June 4, 2008, 12,917 days since Roe father, a grandfather, a racer, a hus- seeing the cost of gasoline go up and up versus Wade first stained the foundation of band, and an inspiration. He did what and up, and he’s thinking about how this Nation with the blood of its own children, he loved, and he will be missed by the expensive his commute is becoming. this in the land of the free and the home of the people of Watkins Glen, Schuyler It is quite a burden on families. I brave. County, and the world. talked to another individual that was

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4966 CONGRESSIONAL RECORD — HOUSE June 4, 2008 older, and he had an older car, and I Serving on the Resource Committee, cause of the price of housing in our would presume that he was on a fixed I listened to our neighbors in Canada country? And more and more people income, Mr. Speaker. And this gen- who came to the Resource Committee have had to live further out. tleman doesn’t have the opportunity to to tell us how they were successfully If we want America to be competi- get another job and work and earn taking oil products from oil shales and tive, if we want to grow our economy, more income. He has this fixed income. oil sand, and they came to volunteer to if we want our families to be able to As he sees the price of gasoline going help us be able to do the same thing. feel like that they’re getting ahead and up, the cost to heat his home going up, And we still haven’t done anything to succeeding, we have got to join to- and he, like many other senior citizens, increase our own domestic resources gether in this Congress. We have to are very concerned about their future using yet a third way to do that. have a bipartisan solution, and we have to increase our domestic supply. and what they’re going to do. b 2130 I would like to yield time, as much I’m sure that you were as distressed time as she may consume, to the I was fascinated when I would listen as I was when I read the newspaper ar- gentlelady from Virginia. to the hearings about using the tech- ticle that our President had gone to Mrs. DRAKE. Mr. Speaker, first of nology of liquefied coal, that that’s old Saudi Arabia and asked them to in- all, I would like to start by thanking technology, that we can do jet fuel, crease the gas production. My first the gentlelady from Colorado for diesel, gasoline, that would run in all thought was, why didn’t he come here hosting us this evening and sharing the of our engines today by using coal. to Congress and tell us that we must stories from her own district and the America is the Saudi Arabia of coal. change the law and allow for this do- people that she stopped and talked Again I question, why are we doing this mestic production, to allow for the with. and why are we making America less siting of refineries, and to tell the We’ve just come off our district work competitive? Why are we putting this American people that it is the policies period for Memorial Day, and I know burden on our citizens? right here in Washington that are stop- all of us at home over these last few I met Alaskan citizens who came to ping that from taking place? That’s days have heard over and over again talk to me, to beg us to drill in ANWR, what I would hope that he would do. from our constituents about the ex- and they are the people that live right I want to thank you for giving me tremely high price of gas and how they there. this opportunity. I know you have just can’t make that work in their I think it’s time that we had a stra- other speakers. I think you and I could lives and with their incomes. And I was tegic energy plan. Now, in 2007 and probably talk half the night to Amer- thinking about tonight and coming 2008, the discussions that have taken ica about this issue, about how impor- down here to join you, and I realized place on this floor about increasing do- tant it is, but every single person lis- this is my fourth year of serving the mestic supply have come not because tening to us tonight knows how criti- Congress. That means this has been 4 we’ve brought any sort of strategic cally important it is that we increase years that I have been saying the same plan to the floor. It’s come in other our domestic supply and that we’re thing over and over and over again. pieces of legislation like you saw to- able to drop this price and for Amer- In my first 2 years here, I served on night, in a bill when Representative ican families to be able to feel that the Natural Resource Committee so I CATHY MCMORRIS RODGERS stood and they can do something, that they can had the opportunity to listen. And one did a motion to recommit to try to get enjoy life and not have to worry and thing I learned right away in 2005 that at the problem that we’re all facing in worry how they’re going to pay for all really upset me, because I didn’t know America. the things that are in their lives today. this even though I’ve lived in Virginia I know that we can protect our envi- This is something that I feel we, as now for 41 years; I grew up in northern ronment. I know that we can encour- Members of Congress, could make a dif- Ohio and I grew up on Lake Erie, and I age conservation, that we can ference and could make those changes. found out in 2005 that Canada has been incentivize alternative energies as Mrs. MUSGRAVE. I thank the taking natural gas from under Lake well. gentlelady. She has spoken very well Erie since 1913. In the Second District of Virginia, about the impact on families with the I want you to know I never saw a der- we’re very proud of one of our univer- high price of fuel and what we need to rick. I never saw any type of a rig. I sities, Old Dominion University, that is address those prices. never had any indication that that was creating biodiesel out of algae. How ex- It’s interesting, too, as we talk about taking place. And I thought, I really citing and interesting is that. They are families, we have schools. In my dis- felt that I had been misled and that also doing significant research in trict, it’s 71⁄2 hours from one side of my here we are in America blocking get- what’s called coastal energy: wind, district to the other. We have rural ting our own resources and here all wave, solar. But there again, how do we school districts, and buses have to along our neighbors are doing it. increase our domestic production in travel long distances, and now schools And we know today that the one our country? are trying to ascertain how they’re thing that would change the price of But I also go back to what about going to pay the high cost of fuel, and gasoline for our citizens, for our con- families across America. Just before there are changes coming up. stituents, for America, for our busi- we went on our Memorial Day break, When you look at schools, they’re nesses is to increase our own domestic when I got home, when I was sitting doing things like going to the 4-day supply. The number one issue that there talking to my husband about week. They’re changing. They think of would make a difference. what was his week like, what was my the money they can save if they don’t In the 109th Congress, my first 2 week like here in D.C., and he said to have to transport the kids and heat the years here, we did vote in this House. me, I know you don’t know this, but do buildings and do those things during We voted to open up ANWR. I was sur- you know our water bill was $88 for last the day. So when they look at the fuel prised in those years when I learned month? $88 just for water. price for transportation, they’re think- that the National Wildlife Refuge in We both know that in the last 7 years ing they’re going to go to this 4-day Alaska—just for a visual for people our real estate taxes have tripled, and week. across America, when I learned that if we’re seeing today what we’re paying Sadly, it’s impacting sports and you visualized that wildlife refuge as for gasoline, what we’re paying for schools, and we know that many times RFK stadium, ANWR, where the actual food, and you’ve explained very, very sports is what keeps students in drilling would take place, would be the well about the higher cost of transpor- schools, and it has such a good role to size of a postage stamp; and that really tation and that we have to move these play in their life, but they’re having to upset me because that wasn’t the men- products. curtail their driving for this because tal picture that I had. And I also And that’s us sitting there talking. they can’t afford it anymore and they learned that we have not built a refin- We’ve lived in our house for 20 years. might drop programs. ery in this country since 1976. Those Our children are grown. How do fami- So schools that even want to do field were all things that I learned in my lies do it today? How do families do it trips, and this is especially enriching first year serving here in Congress. that have to commute any distance be- for students who perhaps may be in

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4967 families where they can’t afford to do Congress’ Democratic leadership is France currently powers 80 percent of many things, but these kids enjoy out of touch with the American people their energy needs from safe nuclear these school trips. These outings are like Earl. Instead of increasing Amer- power plants. very good for them, but schools are ican energy supply so that prices can We must take immediate action saying that students will have to pay go down and Earl can continue to sup- using alternative fuel sources, like for a fee for that or they will have to port his family, the Democrat leader- switchgrass and ethanol from nonfood forgo their field trips. ship wants to tax energy producers, sti- sources. New technologies like This is having a huge impact on fam- fle American production, and abandon switchgrass and ethanol are exciting ilies and on schools. cars, SUVs and pick-up trucks that we and will be part of our solution to I would like to yield now to the gen- all rely on. lower high energy costs. tleman from Tennessee. Recently, one Congressman proposed We must take immediate action by Mr. DAVID DAVIS of Tennessee. I a 50-cent tax increase on gasoline. Now, using clean coal technology, something would like to thank the gentlelady that makes absolutely no sense to me. that the Germans used in World War II. from Colorado for doing this special We can’t tax and regulate our way out This is not futuristic. They were doing hour. I don’t think there’s anything of an energy crisis, and we can’t tax it in World War II. Coal is not some more important facing Americans right your pick-up truck from empty to full. smutty leftover from the Industrial now and facing this Congress than to Leadership’s energy policies have Revolution. We have approximately 250 deal with the high cost of energy, and been to conduct seven investigations years worth of coal right here in the I thank you for your leadership. into price gouging, conduct four inves- United States, and you can take a With the national average cost of tigations on speculators, and create $20 lump of coal and actually turn it into gasoline at the pump today at $3.98 a billion in new taxes on oil producers. gasoline and drive your car and fly jet gallon, moms and dads across the coun- Unfortunately, the leadership of Con- planes. They did it in World War II. try are struggling to balance the fam- gress’ policies don’t save Americans We need solutions. Republican energy ily budget. It breaks my heart, and I any money at the pump. policies like the ones I’ve just listed know of a young family back in north- In fact, gasoline prices have in- will save every American at least $1.82 east Tennessee just trying to make creased from $2.33 a gallon to $3.98 per per gallon of gasoline. That’s $36.40 for enough money to make it to work or gallon since Speaker PELOSI and her each 20-gallon tank full of gasoline. take their child to school. It breaks my Democrat colleagues took control of Tennesseans like Earl sure can use a heart when we have senior adults that this Congress last year. That’s not a are on a fixed income that don’t have $1.82 discount at the gas pump. solution. We need solutions. Americans like the opportunity to have more money, When China and other growing indus- to be able to afford the gasoline to go Earl are looking for solutions, not ex- trialized nations are moving from bicy- to the doctor or go to the hospital or cuses. The time for solutions is now. cles to cars, Americans are being made go to the grocery store. It breaks my That’s why I’ve cosponsored the No to go from cars to bicycles. That’s not heart when you have a small business More Excuses Energy Act. It combines a solution. that’s trying to create those jobs and all these different types of energy to Currently, China is drilling for oil make life better for their fellow man. bring down the price at the pump and and natural gas almost in sight off the It breaks my heart. make sure we have energy to heat our This Congress must pass meaningful coast of Key West, Florida. The irony homes in the winter. We need solu- legislation to reduce the price of gaso- here is that while China is out there tions, not excuses. line and fuel at the pump, and we need drilling, America can’t, under the lead- Mrs. MUSGRAVE. I would like to to do it soon. ership of this Congress. yield to the gentleman from Pennsyl- Just recently, Shell Oil Company What is it going to take to make this vania now. Chairman John Hofmeister testified Congress realize that we need to in- Mr. PETERSON of Pennsylvania. I before the Senate on why gas prices are crease American energy supply and de- thank the gentlelady from Colorado so high. He said, ‘‘As repetitive and crease our dependence on foreign en- and gentlelady from Virginia and the uninteresting as it may sound, the fun- ergy, our dependence on people that gentleman from Tennessee for the damental laws of supply and demand hate us and hate our freedoms? right to join them this evening for an are at work.’’ The majority of the American people issue that I think is very much on the Over the past few weeks, I along with understand, East Tennesseans under- mind of every American. most of my colleagues on this side of stand and I understand, Earl under- I can’t talk to a neighbor, a friend, the aisle have produced an energy pol- stands and people from Bristol, Ten- anywhere but what they’re talking icy, not just a piece of an energy pol- nessee, understand, we must take im- about energy prices. And it’s inter- icy, but a true energy policy that ad- mediate action to allow for drilling in esting that it’s not being talked about dresses our supply of American energy. an environmentally safe way on Amer- in this House in a productive way. This energy policy explores all facets ican soil and off our coasts. In the In fact, 2 weeks ago we passed a bill of our energy needs, from drilling for Outer Continental Shelf alone, it’s esti- that attempts to give us the right to American oil and natural gases to mated that we have over 17 billion bar- get OPEC into our courts to force them using alternative fuels like switchgrass rels of oil, oil that someone else is to produce more energy, accusing them and ethanol. The policy increases drilling for. On the Arctic National of not producing enough energy. Now, I American supply, which will effec- Wildlife Reserve alone, we have the po- don’t know how a government who has tively lower prices. tential to provide consumers with over locked up so much of its own supply— This energy policy will help people 1 million barrels of oil per day. We and I’ll show you here on this chart— like Earl Humphreys, who owns and need solutions. both coasts are off-limits to oil and gas manages Lawn Boyz Lawn Care in Bris- We must take immediate action to production and a portion of the gulf. tol, Tennessee. Earl told me that he allow for the construction of new refin- And out in the middle part of the coun- may not be able to continue his busi- eries, and we can do that on old mili- try, millions and millions of acres are ness much longer because of high fuel tary bases. locked up. prices. He is not making enough money We must take immediate action on b 2145 to support his family, purchase his production of natural gas where our fuel, pay his staff, and keep the doors supply is abundant. Eastman Chemical And of course up here in ANWR, that open on his family-run business. How Company, which is located in my dis- part of Alaska that was set aside by sad. trict in northeast Tennessee, has been President Carter for energy production, People like Earl are relying on Con- using clean coal gasification to meet has been locked up. And we passed a gress to do something. Colleagues on their ever increasing energy needs on a bill in the Clinton administration, and this side of the aisle and I have offered daily basis. he vetoed it. That was 10 years ago. nothing but solutions. On the other We must take immediate action to They said it would take 10 years to get side of the aisle, they’ve offered noth- allow for the construction of safe nu- production here, but today we would ing but excuses. clear power plants. For instance, have that energy if it had happened.

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4968 CONGRESSIONAL RECORD — HOUSE June 4, 2008 Folks, while we lock this up, we pass Now, with those terrible storms, the been—and I want to share with you a bill trying to get us the ability to Minerals and Mines Management said who I think is really at fault. Now, bring OPEC countries into a court we had no measurable spillage. Actu- Congress is at fault, but who has influ- somewhere to force them to produce. ally, we have more spillage on our enced Congress? Well, there is a group Now, people back home kind of laughed ocean shores from ships and sporting called the Sierra Club. And here is at me and they said, well, how do we boats than we have from drilling any- what is on their web page. They’re force a country to produce when we where. We have not had an offshore in- against the oil shale development won’t produce our own? How do you ra- cident since 1969 in Santa Barbara. Our that’s been talked about out west, tionalize that? But it sounds good if technology today is tremendously im- where we think there’s huge reserves. you don’t look at the facts, I guess. But proved. There is no viable reason that They’re against coal liquefaction be- here we are, and now the Senate, this we’re not producing energy offshore. cause we’re the Saudi Arabia of coal week, is working on carbon taxes, Now, I’ll be offering an amendment and we think liquefied coal or coal-to- which will increase energy prices an- next Wednesday, the 11th of June, in gas could get us away from the—66 per- other 20 to 30 percent. the Interior Appropriations bill that cent of our petroleum now comes from Mr. Speaker, Members of the House, will open up and remove these morato- foreign unstable governments. And and Americans, listen to the carbon riums from 50 miles out for both gas that’s where all our money is going, tax debate. It will tax energy further and oil. That will allow us to produce. folks. We’re enriching that part of the and raise the cost of fossil fuels, hop- Now, it’s not something that’s just world who helped furnish us with 9/11. ing, I guess, we won’t use them so that going to happen overnight, it still They’re against offshore energy pro- we will be forced—and we will get into would have to be, once it’s opened up duction. Back to the map I had up the renewables in a little bit. But it and signed by the President, it would here. The Sierra Club will lead the seems interesting to me that, at a time have to be part of the 5-year plan. fight. I debated a Sierra Club member when every American that I talk to has What’s interesting is we know there’s on NPR last week on a California radio one thing on their mind, affordable en- huge reserves out here, but has never station, and they said we’ll be leading ergy, and Congress is the reason. I’m been measured by modern seis- the fight to stop Congressman PETER- here to say tonight, this body and mographic and modern techniques that three Presidents are the reason. SON’s bill from being passed. This moratorium on our Outer Conti- we use today. And it’s like taking an Green Peace; you know what they nental Shelf, that’s from three miles old black and white picture tube, tele- want to do? They want to phase these offshore owned by the States to 200 vision, and comparing it to one of our out. And that’s what a lot of Congress miles that’s owned by the Federal Gov- beautiful flat screen TVs today of what wants to do. They say, we can’t use fos- ernment and us, the taxpayers, we own you can see. Today they can know sil fuels anymore. Well, okay, I’ll buy that. We’re the only country in the what’s there, what type of energy is that. I would like to be fueling our world that’s locked it up. It was locked there, how deep it is, and how difficult country down here. I will do anything up 28 years ago by President Bush I for it will be to produce it. But we, by law, and everything to fund these. And 5 years to study and see where the best this Congress has prohibited anybody those who say we haven’t spent billions was and see if we had some sensitive from exploring out there, even to look on research in wind and solar are not areas we needed to protect. President at what’s out there. Does that make being honest with you, we’re spending Clinton came in, just extended it to sense? Of course it makes no sense. billions annually to subsidize those. 2012 and said they wouldn’t explore out Let’s look for a moment at our en- So Green Peace wants to phase these there. And then the current President ergy use. This is the interesting part. out; can’t do this anymore. But that’s has not supported raising this morato- We are 40 percent petroleum, 23 percent really what we’re doing, that’s why we rium. In fact, I wrote him a letter 2 natural gas, 23 percent coal, 8 percent have high energy prices; we’re phasing weeks ago, a man I love dearly, but dis- nuclear. Now, that’s 94 percent of out fossil fuels before we have a re- agree with very much on lack of energy America’s energy. That’s fossil fuel, ex- placement. We’ve decided we’re not leadership because he understands the cept nuclear. going to produce fossil fuels. Because if energy issue—at least he should, he’s Then you have the renewables. And, we don’t produce them—I’ve talked to from an energy family. But he has spo- you know, I’m for wind and I’m for Members here on the floor. Well, John, ken three times recently in public solar and I’m for geothermal and I’m if we continue to produce fossil fuels about opening up onshore and offshore. for cellulosic ethanol and all of those and they’re affordable, Americans will So we sent him a letter saying, Mr. good things, but we have to look at not use renewables. I said, but if you President, it seems like if you’re seri- how small they are. I said to a gen- phase out fossil fuels before we have ous about opening up offshore, that you tleman on the plane this morning fly- the renewables, we’re going to have aw- would lift the presidential morato- ing in, I said, if we double wind and fully high energy prices. rium—because we actually have two solar in the next 5 years, how much of Now, we were arguing that when oil moratoriums. We have a presidential our energy do you think—oh, 10 per- was $30 and $40 a barrel. I don’t think decree that’s been through three Presi- cent? I said, less than three-quarters of any of us dreamed we would see $135 oil dents that says you can’t produce out 1 percent. Because when you get down this year. I thought we might hit $100 there. We have legislation that Con- here, the only one that’s really grown a oil this fall. That was my prediction. I gress passes every year in the Interior lot recently is woody biomass. did not dream . . . bill that says the Federal Government Now, we have almost a million Amer- Now, what’s interesting that’s hap- cannot spend one dollar to lease off- icans now, just under a million Ameri- pening now, oil I think was $122 when it shore leasing on either coast in the cans heats their homes with pellet closed today; that’s not cheap, but it’s Gulf. Eighty-five percent. stoves; that’s saw dust pressed into a better than $135. But natural gas This is where most of the world pro- pellet, and they use it to heat their prices, creeping, creeping, creeping. duces a lot of their energy, these great home. We’re heating factories today And natural gas is the fuel that I think resources. It’s the most environ- with saw dust and wood chips. I have a is the bridge fuel. mentally sensitive place. Fishing in hospital in my district that just put in Here’s what natural gas prices have the Gulf is better where we produce oil a new wood boiler that has saved 70 been doing. Natural gas prices are spik- than where we don’t produce oil. And percent on their energy bill by burning ing again. This chart was made on the when we had the terrible storms in sawdust and wood chips and their own retail price. Today, natural gas was Katrina a few years ago, the fishermen cardboard and their own paper. So $12.40 out of the ground. And now were saying—some of the rigs were that’s been the one that’s been grow- what’s ironic about that, this is a time really damaged, and the platforms, so ing. Geothermal has been just constant of year when you don’t use a lot of nat- they said, you’re not going to take at a very small fraction. ural gas because you’re minimizing them away, are you? They said, no, Wind and solar are fractions; these heating and you’re minimizing cooling. we’re going to repair them and use are fractions. Now, if we double them, You’re kind of at the period where we them. Because that’s where the best they’re still fractions. And I’m for depend on natural temperatures. So we fishing is. them. But I guess the false hope has use much less natural gas at this time

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4969 of year. So this is when natural gas And there has never been a gas spill day of oil that could be pumped if we prices dive. And we put that cheap gas that spoiled a beach. Gas is a clean needed it, from eight to ten. That has in the ground and we use it next winter fuel. been historic. Recently, as China and because in the winter time, when we’re And in my view, if we had abundant India have increased their usage and as heating the country, we can’t produce reasonable natural gas, we could fuel a many of the countries—Mexico, Cha- enough gas for that period of time, so third of our cars with natural gas. In vez, Nigeria, Russia, and all of them— we store it. And my district has many the cities, our buses, all our short-haul have nationalized their oil companies caverns, salt caverns where we store vehicles, our construction vehicles, and are now run by the government, gas for the northeast. could all be on clean, green natural they are not being run as efficiently, So we’re now putting $12.40 gas in the gas. But the price is so high today, and they’re not producing as much, so ground for next winter. Last year at there is no incentive to do that. production has actually slipped in this time we were putting $6.50 and $7 To conclude here, here is the Energy many of those countries. gas in the ground. So the American Department’s charts. The middle is We are down now to where there is public yet do not realize that we’ve now. This is history. This is what they about a 1.2-million-extra-barrel-a-day had—they’re paying very high prices project for our usage in the future. capacity in the world to meet the for home heating oil, they’re paying Now, not long ago there were com- world demand. So, if you have a storm very high prices for gasoline and diesel, mercials on television by oil companies and when Exxon was arguing with Cha- and they’re paying very high prices for that led me to believe that renewables vez over producing, the price went up. home heating oil and propane. But nat- were ready to take over, they were When we had the oil refinery a short ural gas didn’t increase much last year; ready to fuel this country, all we had time ago that was only a 78,000-barrel it was kind of a soft year on natural to do was release them. Well, this is refinery, the price went up. Why? Be- gas prices. But this year, only the good what the Energy Department thinks. cause that is going to take some supply Lord knows how expensive it’s going to Not much changed. Now, I don’t quite off the market. There is no slush. So, if be because it appears, for some reason, agree with some of these. I think nat- you have any one of these countries— it’s going up like a quarter a day; so ural gas will increase measurably out these dictatorships—topple and instead that’s every four days you’re up a dol- here because the carbon issue is going of producing 7 million barrels a day lar. I don’t know what’s causing it, it’s to restrict coal. It may prevent us from they would produce 5, there wouldn’t doing coal-to-liquid. And it shouldn’t increased use. be enough oil. So the fear factor allows happen, but it’s actually happening. We have said no to about 50 coal Wall Street to play on those fears and Coal plants are being turned down— plants that were designed to be built to run those prices up. If you took the clean coal technology plants are being replace old coal plants in the last 6 fear factor out, the oil companies told turned down by environmental agen- months in this country. States have re- me, it would probably reduce prices at cies to replace all dirty coal plants jected them because of the carbon issue least 20 to 25 percent. That’s just the- that we would like to replace because now, or the fear of the carbon issue. So ory. That’s their thought. Take the of the carbon issue. those will all be natural gas plants. fear factor because there is not enough Now, up until about 12 years ago we So I look for gas to be—if we do a carbon tax, every country that has oil in the marketplace. didn’t use natural gas to make elec- What has happened and no matter done a carbon tax, everybody has to go tricity, and so we made about 8 percent to natural gas because it’s a third of what we do is China’s growth in energy of our electricity with natural gas. And the carbon when you burn it of any use and India’s growth in energy use is that was peak power in the morning other fossil fuel. It’s the cleanest fuel, 15 to 20 percent a year because, as they and the evening because you can turn a it’s almost the perfect fuel. But folks, build a home and buy their first vehi- gas generator off and on, the rest you we need oil, we need gas, we need coal, cles, they are now in the energy busi- can’t. Now that we use it unlimitedly, we need nuclear. We need all the re- ness. Where they used to have a donkey we’re at 23 percent of our electric is newables and hydros. And we need to and a hut, they now have a house. Mil- being produced with natural gas. And grow them all as fast as we can. But lions of people all over the world are it’s a huge strain on the natural gas our environmental groups want to joining our way of life, and to join our system. eliminate all of the below and run the way of life, they need heat in their Now, natural gas should never be a country on above. And it actually goes homes; they need a vehicle that needs problem in America. We can’t probably clear up to here, because they’re not fuel, and they’re part of the energy produce all the oil we need; we can do for nuclear. The environmental groups business. Those are the developing a lot better than we’re doing. But are not for nuclear, they’re not for countries in South America, in India, there’s no reason America can’t have coal, they’re not for gas, they’re not in China, in Malaysia. It’s happening lots of natural gas. We have reserves for oil. But folks, that’s how we run the everywhere. We are soon going to be onshore, offshore, but unfortunately world. the second biggest user of energy be- most of them are owned by government And with today’s clean technology, cause China is about ready to go by us. entities and they’re locked up. Con- there is no argument why we can’t I believe, if America continues to gress has locked them up. Congress has have affordable energy in America. refuse to deal with energy and bring said we’re not going to produce. And available energy to America, we will these environmental groups—let me go b 2200 not compete in the new global econ- back through them. Green Peace; phase But it is the will of this Congress to omy. We are in an economy today out fossil fuels. Environmental De- open up. I hope next Wednesday on the where we have never had competitors fense; they’re against power plant Interior Subcommittee that we can be like China and India before. We have smokestacks are public health enemy successful with our amendment that never had this kind of pressure on us. number one, so you can’t have a power would open up the Outer Continental We have to compete. plant. League of Conservation Voters; Shelf, from 50 miles out, to oil and gas I want to make one final point on coal to liquids, the wrong direction. production. Now, that won’t change natural gas. Natural gas is not a world They’re going to fight it. Defenders of anything, but I just asked some oil price. We have had one of the highest Wilderness; every coastal State is put company executives, who I don’t talk prices of any country in the world of in harm’s way when oil rigs go up on to often but who were at a hearing, if natural gas now for 8 years. That is our coastal waters. we opened up the Outer Continental why half the fertilizer industry has left Folks, I showed you the chart earlier Shelf in its entirety, both coasts, and this country; they use huge amounts of about every country in the world, Nor- we opened up ANWR, what would that natural gas. I’ll just share with you way, Sweden, Denmark, Ireland, Great do to energy prices? He said, well, it some data here that’s scary. Britain, Canada, New Zealand, Aus- would take the fear factor out because Dow Chemical announced a 20 per- tralia, they all produce offshore, clean- here is the problem we have in Amer- cent price increase, but it’s what you ly. The new technology, they turn the ica. look at behind that that’s scary. In wells off when there are storms at the Historically, there was capacity in 2002, their natural gas bill was $8 bil- base. There has not been a major spill. the world of about 10 million gallons a lion. In 2008, it was $32 billion. That’s

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4970 CONGRESSIONAL RECORD — HOUSE June 4, 2008 four times. In 2002, 60 percent of their Mrs. MUSGRAVE. I thank the gen- There is another that you’ve said, revenues came from American plants. tleman. that it has been over 30 years, almost Just a few years later, it was only 34 I would like to yield to the 40, since there has been any significant percent of their revenues. Why? They gentlelady from Virginia. spill from any sort of deep sea drilling. had to move offshore to compete in the Mrs. DRAKE. Well, first, I’d like to We all saw what happened with Katrina global economy. Over half the fertilizer thank the gentleman for that very and Rita. There were no problems companies have left America in the thorough explanation to America as to there. We know Canada has an oil rig last 3 years because of natural gas what is really going on. I was very in the north Atlantic, off the coast of prices. The increase in the cost of nat- proud to stand beside you several Newfoundland, called Hibernia. There ural gas has caused plastic resin prices months ago when you did your press have been no problems there. As you to rise to record levels. It has put conference on your bill. There were have said, the technology is so much American-based plastic facilities—and several of our colleagues there—origi- better. my district is full of plastic plants—at nal cosponsors on your bill—standing The other important thing is the ho- a severe competitive disadvantage, with you. rizon is only 12 miles out. You’re talk- says Josh Young of the American Plas- I’ll never forget standing with you as ing 50 miles from Virginia Beach. tics Council. As a result, the factories well were representatives from Dow That’s half the way to Richmond. So are closing or are moving offshore. Chemical because they made an an- there is no way you would ever see a They are leaving Americans jobless. nouncement, too. They told us that rig. Over the past 5 years, the plastic indus- they were doing a $30 billion expansion I want to thank you because you try has lost nearly 4,000 jobs in Florida, in China, Saudi Arabia and Libya, have done just a tremendous job of which refused to allow us to drill, and 10,000 jobs that they wished were right bringing this issue to the forefront and more than 300,000 jobs nationwide just here in America. The reason they did it of explaining it to America, and I truly in the plastics industry. Petrochemi- was because you couldn’t pay $10 to $12 believe that when Americans have the cals have lost hundreds of thousands of for a unit of gas here that you could facts and Americans understand this jobs, fertilizer thousands of jobs and pay 85 cents for in Saudi Arabia. I’ve issue that Americans will be demand- steel makers, aluminum makers and never forgotten that. I thought it was ing of us as Members of the House and as Members of the Senate that we deal glass that use huge amounts. very, very painful. My prediction is that bulk commod- Your bill as well does something that with this issue. I really hope that they 1 call their Representatives all across ities like glass and bricks, that should is very important. It has a 37 ⁄2 percent always be made close to home, will royalty back to the State. Now, the America, that they phone and tell their soon be made in Trinidad where gas is Commonwealth of Virginia desperately Representatives and demand that we $1.50 instead of $12 coming out of the needs that kind of funding for our num- deal with this issue and not make ground. We will make our bricks and ber one issue of transportation. Your America less competitive. I keep talking about families. What glass in Trinidad, South America. It bill also fully funds the Chesapeake about single parents? How do you deal will come here in about a day and a Bay Commission’s request for the bay with this incredible cost? You have half on a ship. cleanup. So there are ways that we can brought it up. It is something that we That’s not the America I dream for. be environmentally protective and that have been extremely concerned about, Available, affordable energy is avail- we can be environmentally sound. the price of natural gas for home heat- able to us if this Congress will do what You brought up various environ- ing, and we have been very fortunate in is right: Open up offshore, do coal to mental groups, and I wanted to say to our area to have milder than normal liquids, expand the use of nuclear, con- you that I was going to speak to the winters. That has not been the case tinue to subsidize the renewables and Natural Resources Committee one day about why I support deep sea drilling across the country. So thank you. to incentivize the renewables. I think I would like to thank the gentle- in the Outer Continental Shelf. I rep- we also need to incentivize Americans. woman and yield back to her as well. I mean Americans are conserving. They resent the entire Atlantic coast in Vir- Mrs. MUSGRAVE. I thank you both have to conserve, but we need to ginia. Well, there was someone there for your expertise in this area and also incentivize Americans with tax breaks from one of our environmental groups Mr. DAVIS as he spoke this evening. that would help them write off any whom I knew. I went up to him, and I Mr. PETERSON, your charts and the measurable improvement they made in said, ‘‘I know if you’re speaking you’re case that you presented tonight are their homes and in their lifestyles, going to say the exact opposite of me, very clear before the American people. whether it’s heating their homes with but what I really want to ask you is: We all have a desire to go to alter- more modern appliances or whether it’s Do you understand the impact that you natives. We all want to lessen our de- better insulation or better windows or have on our economy or is that your pendence on foreign oil. You talked better doors, so we can conserve the point?’’ He actually acted like I’d hit about that 40 percent. 60 percent of use of energy. him. I said, ‘‘No, no, no. Wait. I’m real- that comes from very unstable areas of As was talked about here on the floor ly serious. I’m trying to understand the world, and we know that, and we earlier, there is education. My school what the issue is, but I truly believe want to lessen that dependence that we districts are getting hammered with you either don’t know or you intend to have on them and become energy-inde- energy costs. The hospitals are getting do it.’’ Do you know what? He turned pendent, but this is a long road. We hammered with energy costs as are and he walked away and he wouldn’t have to start right now, right here your agencies that give free aid to the answer me, but we cannot as leaders in today, for the American people who are people. I mean every social agency is our country stand back and allow this suffering with the high cost of energy. getting hammered with energy costs. to take place. I would just challenge my colleagues I talked to a church person tonight I just wanted to finish up with a cou- on the other side of the aisle. We talk who said they weren’t sure they were ple of facts that I found very inter- about long-range planning. We always going to be able to keep their church esting. One is, if we were to increase have to do long-range planning. We open next winter. The energy bills last that nuclear that you have on there, need to look at the big picture. Today year have made it almost prohibitive we could keep 200 billion tons of carbon are the solutions that the Republicans to keep their church open in the colder out of our atmosphere annually if we have come forth with—more domestic months in the winter. They are going simply had the nuclear capability of exploration. You have spoken so well, to have to find a place to meet some- France. Mr. PETERSON, to our Nation’s being where else. Mr. PETERSON of Pennsylvania. locked up, but nations around the Folks, this is a self-induced problem That’s right. world do energy exploration off their by this Congress and by three Presi- Mrs. DRAKE. The second thing is coasts in an environmentally sound dents. In our Presidential debate, the that we’re 13 times more likely to have way. There is no reason that America number one issue ought to be who has a spill if we transport oil product by should not be doing that. the best plan for available, affordable tanker. I think that’s important for Look at the States like I am from, energy for America. America to know. Colorado. There are abundant natural

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — HOUSE H4971 resources that we have, and there are (The following Members (at the re- 6894. A letter from the Chairman, Council the technologies that are available now quest of Mr. DAVID DAVIS of Tennessee) of the District of Columbia, transmitting a with oil shale, and there is the future to revise and extend their remarks and copy of D.C. ACT 17-377, ‘‘Bicycle Policy Modernization Amendment Act of 2008,’’ pur- we have on that. We need to get to include extraneous material:) suant to D.C. Code section 1-233(c)(1); to the work on that right away. Mr. FRANKS of Arizona, for 5 minutes, Committee on Oversight and Government You and I have talked and all of us today and June 5. Reform. have talked this evening about the Mr. POE, for 5 minutes, June 11. 6895. A letter from the Chairman, Council lack of refinery capacity and how we Mr. JONES of North Carolina, for 5 of the District of Columbia, transmitting a can look clear back to the 1970s. We minutes, June 11. copy of D.C. ACT 17-378, ‘‘So Others Might East Property Tax Exemption Act of 2008,’’ have not had any refineries built since Mr. PENCE, for 5 minutes, today. pursuant to D.C. Code section 1-233(c)(1); to then. We need to get away from this Mr. TANCREDO, for 5 minutes, today. the Committee on Oversight and Govern- failed policy and get real in this coun- Mr. CONAWAY, for 5 minutes, June 5. ment Reform. try about what we need to do. Mr. KUHL of New York, for 5 minutes, 6896. A letter from the Chairman, Council When I was at the pump, when I was today. of the District of Columbia, transmitting a talking to those people in Greeley, Col- Mr. MORAN of Kansas, for 5 minutes, copy of D.C. ACT 17-379, ‘‘Department of orado the other day, I saw firsthand June 9, 10, and 11. Small and Local Business Development Sub- how this is affecting the middle class, contracting Clarification, Benefit Expansion, f and Grant-making Authority Amendment people who have to drive back and Act of 2008,’’ pursuant to D.C. Code section 1- forth to work. You know, they want to SENATE BILL REFERRED 233(c)(1); to the Committee on Oversight and be able to take their children to the A bill of the Senate of the following Government Reform. baseball games this summer. They title was taken from the Speaker’s 6897. A letter from the Chairman, Council of the District of Columbia, transmitting a want their kids to participate in these table and, under the rule, referred as things and to enjoy their summer in copy of D.C. ACT 17-380, ‘‘East of the River follows: Hospital Revitalization Tax Exemption Colorado, but they are very worried. S. 2162. An Act to improve the treatment Amendment Act of 2008,’’ pursuant to D.C. My folks who are on fixed incomes are and services provided by the Department of Code section 1-233(c)(1); to the Committee on very concerned about how they are Veterans Affairs to veterans with post-trau- Oversight and Government Reform. going to get back and forth to the gro- matic stress disorder and substance use dis- 6898. A letter from the Chairman, Council cery store and to the doctor and how orders, and for other purposes. of the District of Columbia, transmitting a copy of D.C. ACT 17-381, ‘‘Film DC Economic they will run the errands that they f need to do. We need to respond as Mem- Incentive Amendment Act of 2008,’’ pursuant ADJOURNMENT to D.C. Code section 1-233(c)(1); to the Com- bers of Congress, on both sides of the mittee on Oversight and Government Re- aisle, to this crisis that is right here Mrs. MUSGRAVE. Madam Speaker, I form. now before our middle class, and we move that the House do now adjourn. 6899. A letter from the Chairman, Council need to bring forth these solutions that The motion was agreed to; accord- of the District of Columbia, transmitting a we have suggested tonight to bring ingly (at 10 o’clock and 15 minutes copy of D.C. ACT 17-382, ‘‘Student Voter Reg- istration Temporary Amendment Act of down the cost of energy. p.m.), under its previous order, the It is time for Congress to act, and 2008,’’ pursuant to D.C. Code section 1- House adjourned until tomorrow, 233(c)(1); to the Committee on Oversight and every day that goes by that we do not Thursday, June 5, 2008, at 9:30 a.m. Government Reform. enact sound policies that will allow us 6900. A letter from the Chairman, Council f to do domestic exploration in an envi- of the District of Columbia, transmitting a ronmentally sound way—yes, move to EXECUTIVE COMMUNICATIONS, copy of D.C. ACT 17-383, ‘‘Veterans Rental alternatives, do these things that we ETC. Assistance Temporary Amendment Act of need to do, increase refinery capacity— 2008,’’ pursuant to D.C. Code section 1- Under clause 8 of rule XII, executive 233(c)(1); to the Committee on Oversight and we are letting the American people communications were taken from the Government Reform. down. I am standing tonight with my Speaker’s table and referred as follows: 6901. A letter from the Chairman, Council colleagues to say it is time to address of the District of Columbia, transmitting a 6889. A letter from the Chairman, Council copy of D.C. ACT 17-385, ‘‘Vacancy Exemp- this problem for the middle class and of the District of Columbia, transmitting a tion Repeal Temporary Amendment Act of for the United States and to get on the copy of D.C. ACT 17-371, ‘‘E.W. Stevenson, Sr. 2008,’’ pursuant to D.C. Code section 1- road to energy independence but, in the Boulevard Designation Act of 2008,’’ pursu- 233(c)(1); to the Committee on Oversight and here and now, to bring down the cost of ant to D.C. Code section 1-233(c)(1); to the Government Reform. energy. Committee on Oversight and Government 6902. A letter from the Chairman, Council f Reform. of the District of Columbia, transmitting a 6890. A letter from the Chairman, Council LEAVE OF ABSENCE copy of D.C. ACT 17-384, ‘‘Howard Theatre of the District of Columbia, transmitting a and 7th Street, N.W., Revitalization Grants By unanimous consent, leave of ab- copy of D.C. ACT 17-372, ‘‘Closing Agreement Authorization Temporary Act of 2008,’’ pur- sence was granted to: Act of 2008,’’ pursuant to D.C. Code section 1- suant to D.C. Code section 1-233(c)(1); to the 233(c)(1); to the Committee on Oversight and Committee on Oversight and Government Mr. CHABOT (at the request of Mr. Government Reform. BOEHNER) for today after 12 p.m. on ac- Reform. 6891. A letter from the Chairman, Council 6903. A letter from the Chairman, Council count of his son’s high school gradua- of the District of Columbia, transmitting a of the District of Columbia, transmitting a tion. copy of D.C. ACT 17-373, ‘‘Lower Income copy of D.C. ACT 17-386, ‘‘Cigarette Stamp f Homeownership Cooperative Housing Asso- Clarification Temporary Act of 2008,’’ pursu- ciation Re-Clarification Act of 2008,’’ pursu- SPECIAL ORDERS GRANTED ant to D.C. Code section 1-233(c)(1); to the ant to D.C. Code section 1-233(c)(1); to the Committee on Oversight and Government By unanimous consent, permission to Committee on Oversight and Government Reform. address the House, following the legis- Reform. 6904. A letter from the Chairman, Council 6892. A letter from the Chairman, Council of the District of Columbia, transmitting a lative program and any special orders of the District of Columbia, transmitting a heretofore entered, was granted to: copy of D.C. ACT 17-387, ‘‘Supplemental Ap- copy of D.C. ACT 17-375, ‘‘Gerard W. Burke, propriations Release of Funds Temporary (The following Members (at the re- Jr. Building Designation Act of 2008,’’ pursu- Amendment Act of 2008,’’ pursuant to D.C. quest of Ms. WOOLSEY) to revise and ex- ant to D.C. Code section 1-233(c)(1); to the Code section 1-233(c)(1); to the Committee on tend their remarks and include extra- Committee on Oversight and Government Oversight and Government Reform. neous material:) Reform. 6905. A letter from the Chairman, Council Mr. DAVIS of Illinois, for 5 minutes, 6893. A letter from the Chairman, Council of the District of Columbia, transmitting a today. of the District of Columbia, transmitting a copy of D.C. ACT 17-394, ‘‘Motor Vehicle copy of D.C. ACT 17-376, ‘‘District of Colum- Theft Prevention Act of 2008,’’ pursuant to Ms. WOOLSEY, for 5 minutes, today. bia School Reform Property Disposition D.C. Code section 1-233(c)(1); to the Com- Mr. GEORGE MILLER of California, for Clarification Amendment Act of 2008,’’ pur- mittee on Oversight and Government Re- 5 minutes, today. suant to D.C. Code section 1-233(c)(1); to the form. Ms. KAPTUR, for 5 minutes, today. Committee on Oversight and Government 6906. A letter from the Chairman, Council Mr. DEFAZIO, for 5 minutes, today. Reform. of the District of Columbia, transmitting a

VerDate Aug 31 2005 06:34 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H04JN8.REC H04JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H4972 CONGRESSIONAL RECORD — HOUSE June 4, 2008 copy of D.C. ACT 17-395, ‘‘Child Abuse and transmitting the Department’s final rule — Limit for the U.S./Canada Management Area Neglect Investigation Record Access Amend- Texas Regulatory Program [SATS No. TX- [Docket No. 0401120010-4114-02] (RIN: 0648- ment Act of 2008,’’ pursuant to D.C. Code sec- 058-FOR; Docket No. OSM-2007-0018] received XH45) received May 14, 2008, pursuant to 5 tion 1-233(c)(1); to the Committee on Over- April 30, 2008, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Nat- sight and Government Reform. 801(a)(1)(A); to the Committee on Natural ural Resources. 6907. A letter from the Chairman, Council Resources. 6926. A letter from the Acting Director Of- of the District of Columbia, transmitting a 6919. A letter from the Director Office of fice of Sustainable Fisheries, NMFS, Na- copy of D.C. ACT 17-396, ‘‘Child and Family Sustainable Fisheries, NMFS, National Oce- tional Oceanic and Atmospheric Administra- Services Grant-Making Amendment Act of anic and Atmospheric Administration, trans- tion, transmitting the Administration’s final 2008,’’ pursuant to D.C. Code section 1- mitting the Administration’s final rule — rule — Fisheries of the Northeastern United 233(c)(1); to the Committee on Oversight and Fisheries of the Exclusive Economic Zone States; Tilefish Fishery; Quota Harvested for Government Reform. Off Alaska; Pacific Cod by Catcher Vessels Part-Time Category [Docket No. 010319075- 6908. A letter from the Chairman, Council Less Than 60 feet (18.3 m) LOA Using Jig or 1217-02] (RIN: 0648-XF92) received May 18, of the District of Columbia, transmitting a Hook-and-Line Gear in the Bogoslof Pacific 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the copy of D.C. ACT 17-397, ‘‘Abe Pollin Way Cod Exemption Area in the Bering Sea and Committee on Natural Resources. Designation Act of 2008,’’ pursuant to D.C. Aleutian Islands Management Area [Docket 6927. A letter from the Deputy Assistant Code section 1-233(c)(1); to the Committee on No. 070213033-7033-01] (RIN: 0648-XF62) re- Administrator For Regulatory Programs, Oversight and Government Reform. ceived April 30, 2008, pursuant to 5 U.S.C. NMFS, National Oceanic and Atmospheric 6909. A letter from the Chairman, Council 801(a)(1)(A); to the Committee on Natural Administration, transmitting the Adminis- of the District of Columbia, transmitting a Resources. tration’s final rule — Magnuson-Stevens copy of D.C. ACT 17-398, ‘‘Omnibus Alcoholic 6920. A letter from the Acting Director Of- Fishery Conservation and Management Act Beverage Amendment Act of 2008,’’ pursuant fice of Sustainable Fisheries, NMFS, Na- Provisions; Fisheries of the Northeastern to D.C. Code section 1-233(c)(1); to the Com- tional Oceanic and Atmospheric Administra- United States; Monkfish Fishery; Frame- mittee on Oversight and Government Re- tion, transmitting the Administration’s final work Adjustment 5 to the Monkfish Fishery form. rule — Fisheries of the Exclusive Economic Management Plan [Docket No. 071128763-8490- 6910. A letter from the Chairman, Council Zone Off Alaska; Pacific Cod by Non-Amer- 02] (RIN: 0648-AW33) received May 14, 2008, of the District of Columbia, transmitting a ican Fisheries Act Crab Vessels Catching Pa- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- copy of D.C. ACT 17-399, ‘‘Pre-k Enhance- cific Cod for Processing by the Inshore Com- mittee on Natural Resources. ment and Expansion Amendment Act of ponent in the Western Regulatory Area of 6928. A letter from the Deputy Assistant 2008,’’ pursuant to D.C. Code section 1- the Gulf of Alaska [Docket No. 070213032-7032- Administrator For Regulatory Programs, 233(c)(1); to the Committee on Oversight and 01] (RIN: 0648-XF49) received May 2, 2008, pur- NMFS, National Oceanic and Atmospheric Government Reform. Administration, transmitting the Adminis- 6911. A letter from the Chairman, Council suant to 5 U.S.C. 801(a)(1)(A); to the Com- tration’s final rule — Fisheries of the North- of the District of Columbia, transmitting a mittee on Natural Resources. 6921. A letter from the Acting Director Of- copy of D.C. ACT 17-400, ‘‘Dr. Vincent E. eastern United States; Atlantic Sea Scallop fice of Sustainable Fisheries, NMFS, Na- Reed Auditorium Designation Act of 2008,’’ Fishery; Amendment 11 [Docket No. tional Oceanic and Atmospheric Administra- pursuant to D.C. Code section 1-233(c)(1); to 071130780-8013-02] (RIN: 0648-AU32) received tion, transmitting the Administration’s final the Committee on Oversight and Govern- May 14, 2008, pursuant to 5 U.S.C. ment Reform. rule — Fisheries of the Exclusive Economic 801(a)(1)(A); to the Committee on Natural 6912. A letter from the Chairman, Council Zone Off Alaska; Pacific Cod by Catcher Ves- Resources. of the District of Columbia, transmitting a sels Using Trawl Gear in the Bering Sea and 6929. A letter from the Acting Director Of- copy of D.C. ACT 17-401, ‘‘Closing of Public Aleutian Islands Management Area [Docket fice of Sustainable Fisheries, NMFS, Na- Alleys, the Opening of Streets, and the Dedi- No. 071106673-8011-02] (RIN: 0648-XH03) re- tional Oceanic and Atmospheric Administra- cation and Designation of Land for Street ceived April 29, 2008, pursuant to 5 U.S.C. tion, transmitting the Administration’s final and Alley Purposes in Squares 6123, 6125, and 801(a)(1)(A); to the Committee on Natural rule — Fisheries of the Economic Exclusive 6126 S.O. 06-4886, Act of 2008,’’ pursuant to Resources. Zone Off Alaska; Deep-Water Species Fishery D.C. Code section 1-233(c)(1); to the Com- 6922. A letter from the Deputy Assistant by Vessels Using Trawl Gear in the Gulf of mittee on Oversight and Government Re- Administrator For Regulatory Programs, Alaska [Docket No. 071106671-8010-02] (RIN: form. NMFS, National Oceanic and Atmospheric 0648-XH35) received May 14, 2008, pursuant to 6913. A letter from the Chairman, Council Administration, transmitting the Adminis- 5 U.S.C. 801(a)(1)(A); to the Committee on of the District of Columbia, transmitting a tration’s final rule — Fisheries off West Natural Resources. copy of D.C. ACT 17-402, ‘‘Expanding Oppor- Coast States and in the Western Pacific; 6930. A letter from the Acting Director Of- tunities for Street Vending Around the Base- Amendment 15 to the Pacific Coast Salmon fice of Sustainable Fisheries, NMFS, Na- ball Stadium Temporary Amendment Act of Fishery Management Plan [Docket No. tional Oceanic and Atmospheric Administra- 2008,’’ pursuant to D.C. Code section 1- 061219338-7494-03] (RIN: 0648-AU69) received tion, transmitting the Administration’s final 233(c)(1); to the Committee on Oversight and March 19, 2008, pursuant to 5 U.S.C. rule — Fisheries of the Exclusive Economic Government Reform. 801(a)(1)(A); to the Committee on Natural Zone Off Alaska; Pacific Cod in the Bering 6914. A letter from the Chairman, Council Resources. Sea and Aleutian Islands [Docket No. of the District of Columbia, transmitting a 6923. A letter from the Acting Director Of- 071106673-8011-02] (RIN: 0648-XH36) received copy of D.C. ACT 17-388, ‘‘Rev. M. Cecil Mills fice of Sustainable Fisheries, NMFS, Na- May 14, 2008, pursuant to 5 U.S.C. Way Designation Act of 2008,’’ pursuant to tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Natural D.C. Code section 1-233(c)(1); to the Com- tion, transmitting the Administration’s final Resources. mittee on Oversight and Government Re- rule — Fisheries of the Northeastern United 6931. A letter from the Director Office of form. States; Summer Flounder Fishery; Quota Sustainable Fisheries, NMFS, National Oce- 6915. A letter from the Chairman, Council Transfer [Docket No. 071030625-7696-02] (RIN: anic and Atmospheric Administration, trans- of the District of Columbia, transmitting a 0648-XH32) received May 14, 2008, pursuant to mitting the Administration’s final rule — copy of D.C. ACT 17-389, ‘‘Ethel Kennedy 5 U.S.C. 801(a)(1)(A); to the Committee on Magnuson-Stevens Act Provisions; Fisheries Bridge Designation Act of 2008,’’ pursuant to Natural Resources. Off West Coast States; Pacific Coast Ground- D.C. Code section 1-233(c)(1); to the Com- 6924. A letter from the Deputy Assistant fish Fishery; Biennial Specifications and mittee on Oversight and Government Re- Administrator For Regulatory Programs, Management Measures; Inseason Adjust- form. NMFS, National Oceanic and Atmospheric ments [Docket No. 060824226-6322-02] (RIN: 6916. A letter from the Chairman, Council Administration, transmitting the Adminis- 0648-AW58) received May 14, 2008, pursuant to of the District of Columbia, transmitting a tration’s final rule — Fisheries Off West 5 U.S.C. 801(a)(1)(A); to the Committee on copy of D.C. ACT 17-390, ‘‘District of Colum- Coast States and in the Western Pacific; Natural Resources. bia Medical Liability Captive Insurance West Coast Salmon Fisheries; 2008 Manage- 6932. A letter from the Acting Director Of- Agency Establishment Act of 2008,’’ pursuant ment Measures and a Temporary Rule [Dock- fice of Sustainable Fisheries, NMFS, Na- to D.C. Code section 1-233(c)(1); to the Com- et No. 080428611-8612-01] (RIN: 0648-AW60) re- tional Oceanic and Atmospheric Administra- mittee on Oversight and Government Re- ceived May 14, 2008, pursuant to 5 U.S.C. tion, transmitting the Administration’s final form. 801(a)(1)(A); to the Committee on Natural rule — Fisheries in the Western Pacific; 6917. A letter from the Chairman, Council Resources. Bottomfish and Seamount Groundfish Fish- of the District of Columbia, transmitting a 6925. A letter from the Acting Director Of- eries; Fishery Closure [Docket No. 071211828- copy of D.C. ACT 17-374, ‘‘Washington Con- fice of Sustainable Fisheries, NMFS, Na- 8448-02] (RIN: 0648-XG90) received April 29, vention Center Authority Advisory Com- tional Oceanic and Atmospheric Administra- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee Amendment Act of 2008,’’ pursuant to tion, transmitting the Administration’s final Committee on Natural Resources. D.C. Code section 1-233(c)(1); to the Com- rule — Magnuson-Stevens Fishery Conserva- 6933. A letter from the Acting Director Of- mittee on Oversight and Government Re- tion and Management Act Provisions; Fish- fice of Sustainable Fisheries, NMFS, Na- form. eries of the Northeastern United States; tional Oceanic and Atmospheric Administra- 6918. A letter from the Director, Office of Northeast (NE) Multispecies Fishery; Modi- tion, transmitting the Administration’s final Surface Mining, Department of the Interior, fication of the Yellowtail Flounder Landing rule — Fisheries of the Caribbean, Gulf of

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Resources. age reduction at Pawleys Island, South Caro- Mr. GORDON of Tennessee: Committee on 6934. A letter from the Principal Deputy lina; to the Committee on Transportation Science and Technology. H.R. 3916. A bill to Assistant Attorney General, Department of and Infrastructure. provide for the next generation of border and Justice, transmitting a copy of a report re- 6945. A letter from the Assistant Secretary maritime security technologies; with an quired by Section 202(a)(1)(C) of Pub. L. 107- of the Army for Civil Works, Department of amendment (Rept. 110–684 Pt. 1). Ordered to 273, the ‘‘21st Century Department of Justice Defense, transmitting the Department’s fea- be printed. Appropriations Authorization Act,’’ related sibility report on the flood damage reduction Mr. OBERSTAR: Committee on Transpor- to certain settlements and injunctive relief, opportunities for the communities of tation and Infrastructure. H.R. 5770. A bill to pursuant to 28 U.S.C. 530D Public Law 107- Cynthiana, Millersburg, and Paris, in the provide for a study by the National Academy 273, section 202; to the Committee on the Ju- Licking River Basin, Kentucky; to the Com- of Sciences of potential impacts of climate diciary. mittee on Transportation and Infrastruc- change on water resources and water quality 6935. A letter from the Principal Deputy ture. (Rept. 110–685 Pt. 1). Ordered to be printed. Assistant Attorney General, Department of 6946. A letter from the Acting Adminis- DISCHARGE OF COMMITTEE Justice, transmitting the report of the At- trator, FEMA, Department of Homeland Se- Pursuant to clause 2 of rule XII, the torney General regarding activities initiated curity, transmitting a letter regarding a res- pursuant to the Civil Rights of Institutional- olution adopted by the National Dam Safety Committee on the Judiciary discharged ized Persons Act during fiscal year 2007, pur- Review Board; to the Committee on Trans- from further consideration. H.R. 5893 suant to 42 U.S.C. 1997f; to the Committee on portation and Infrastructure. referred to the Committee of the Whole the Judiciary. 6947. A letter from the Assistant Secretary House on the State of the Union, and 6936. A letter from the Principal Deputy for Legislative Affairs, Department of State, ordered to be printed. Assistant Attorney General, Department of transmitting notification of the determina- Justice, transmitting the Department’s re- tion that a waiver of the application of sub- f port providing an estimate of the dollar sections (a) and (b) of section 402 of the PUBLIC BILLS AND RESOLUTIONS amount of claims (together with related fees Trade Act of 1974 with respect to the Repub- and expenses of witnesses) that, by reason of lic of Belarus will substantially promote the Under clause 2 of rule XII, public the acts or omissions of free clinic health objectives of section 402, pursuant to 19 bills and resolutions were introduced professionals will be paid for 2009, pursuant U.S.C. 2432(c) and (d); (H. Doc. No. 110–120); to and severally referred, as follows: to 42 U.S.C. 233(o); to the Committee on the the Committee on Ways and Means and or- By Mrs. MALONEY of New York: Judiciary. dered to be printed. H.R. 6175. A bill to amend the Child Nutri- 6937. A letter from the Principal Deputy tion Act of 1966 to provide vouchers for the Assistant Attorney General, Department of f purchase of educational books for infants Justice, transmitting a copy of draft legisla- REPORTS OF COMMITTEES ON and children participating in the special sup- tion that would provide for the supervision PUBLIC BILLS AND RESOLUTIONS plemental nutrition program for women, in- of those under the United States Parole fants, and children under that Act; to the Commission’s jurisdiction after the current Under clause 2 of rule XIII, reports of Committee on Education and Labor. authority expires on October 31, 2008; to the committees were delivered to the Clerk By Mr. RODRIGUEZ: Committee on the Judiciary. for printing and reference to the proper H.R. 6176. A bill to authorize the expansion 6938. A letter from the Principal Deputy calendar, as follows: Assistant Attorney General, Department of of the Fort Davis National Historic Site in Justice, transmitting the Office of Commu- Mr. OBERSTAR: Committee on Transpor- Fort Davis, Texas, and for other purposes; to nity Oriented Policing Services (COPS) Fis- tation and Infrastructure. H.R. 135. A bill to the Committee on Natural Resources. cal Year 2007 Annual Report , pursuant to establish the Twenty-First Century Water By Mr. RODRIGUEZ: the ‘‘21st Century Department of Justice Ap- Commission to study and develop rec- H.R. 6177. A bill to amend the Wild and propriations Authorization Act,’’ Pub. L. 107- ommendations for a comprehensive water Scenic Rivers Act to modify the boundary of 273; to the Committee on the Judiciary. strategy to address future water needs; with the Rio Grande Wild and Scenic River; to the 6939. A letter from the Chairman, U.S. an amendment (Rept. 110–504 Pt. 2). Referred Committee on Natural Resources. Naval Sea Cadet Corps, transmitting the an- to the Committee of the Whole House on the By Ms. ROS-LEHTINEN (for herself, nual and financial reports for the year 2007, State of the Union. Mr. CANTOR, Mr. PENCE, and Mr. pursuant to Public Law 87-655; to the Com- Mr. BRADY of Pennsylvania: Committee MCCOTTER): mittee on the Judiciary. on House Administration. H.R. 5972. A bill to H.R. 6178. A bill to strengthen existing leg- 6940. A letter from the Administrator, make technical corrections to the laws af- islation sanctioning persons aiding and fa- FEMA, Department of Homeland Security, fecting certain administrative authorities of cilitating nonproliferation activities by the transmitting notification that funding under the United States Capitol Police, and for governments of Iran, North Korea, and Title V, subsection 503(b)(3) of the Robert T. other purposes (Rept. 110–679). Referred to Syria, and for other purposes; to the Com- Stafford Disaster Relief and Emergency As- the Committee of the Whole House on the mittee on Foreign Affairs, and in addition to sistance Act, as amended, has exceeded $5 State of the Union. the Committees on Ways and Means, the Ju- million for the cost of response and recovery Mr. DINGELL: Committee on Energy and diciary, Oversight and Government Reform, efforts for FEMA-3284-EM in the State of Commerce. H.R. 1343. A bill to amend the and Financial Services, for a period to be Texas, pursuant to 42 U.S.C. 5193; to the Public Health Service Act to provide addi- subsequently determined by the Speaker, in Committee on Transportation and Infra- tional authorizations of appropriations for each case for consideration of such provi- structure. the health centers program under section 330 sions as fall within the jurisdiction of the 6941. A letter from the Assistant Secretary of such Act; with an amendment (Rept. 110– committee concerned. of the Army for Civil Works, Department of 680). Referred to the Committee of the Whole By Mr. CAMP of Michigan (for himself, Defense, transmitting the Department’s po- House on the State of the Union. Mr. SAM JOHNSON of Texas, Mr. sition on budgeting for the Federal naviga- Mr. DINGELL: Committee on Energy and HERGER, Mr. PORTER, Mr. ENGLISH of tion improvement project at Akutan Harbor, Commerce. H.R. 5669. A bill to amend the Pennsylvania, Mr. PRICE of Georgia, Alaska; to the Committee on Transportation Public Health Service Act to reauthorize the Mr. GINGREY, Mr. BOUSTANY, Mr. and Infrastructure. poison center national toll-free number, na- WELLER, Mr. RAMSTAD, and Mr. 6942. A letter from the Assistant Secretary tional media campaign, and grant program HULSHOF): of the Army for Civil Works, Department of to provide assistance for poison prevention, H.R. 6179. A bill to encourage and enhance Defense, transmitting the Department’s re- sustain the funding of poison centers, and the adoption of interoperable health infor- port on recommendations of the Secretary enhance the public health of people of the mation technology to improve health care that have not been provided to Congress, United States (Rept. 110–681). Referred to the quality, reduce medical errors, and increase pursuant to Public Law 110-114, section Committee of the Whole House on the State the efficiency of care; to the Committee on 2033(g)(2); to the Committee on Transpor- of the Union. Energy and Commerce, and in addition to tation and Infrastructure. Mr. GORDON of Tennessee: Committee on the Committee on Ways and Means, for a pe- 6943. A letter from the Director of Civil Science and Technology. H.R. 5940. A bill to riod to be subsequently determined by the Works, Department of the Army, Depart- authorize activities for support of Speaker, in each case for consideration of ment of Defense, transmitting the Depart- nanotechnology research and development, such provisions as fall within the jurisdic- ment’s final rule — Compensatory Mitiga- and for other purposes; with an amendment tion of the committee concerned. tion for Losses of Aquatic Resources — re- (Rept. 110–682). Referred to the Committee of By Mr. MICHAUD (for himself, Mr. PE- ceived May 22, 2008, pursuant to 5 U.S.C. the Whole House on the State of the Union. TERSON of Minnesota, Mr. RAHALL,

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Mr. CONYERS, Mr. BRADY of Pennsyl- Commerce, and in addition to the Commit- Mr. HONDA, Mrs. CHRISTENSEN, Mr. vania, Mr. FILNER, Mr. MURTHA, Ms. tees on Ways and Means, Science and Tech- ELLISON, Mr. BISHOP of Georgia, Mr. DELAURO, Mr. HINCHEY, Mr. nology, Natural Resources, Agriculture, For- BOSWELL, Mr. SERRANO, Mr. NADLER, DELAHUNT, Ms. SCHAKOWSKY, Ms. eign Affairs, Education and Labor, Transpor- Ms. JACKSON-LEE of Texas, Ms. LINDA T. SA´ NCHEZ of California, Mr. tation and Infrastructure, Oversight and BORDALLO, Ms. SUTTON, Mr. AL HOLDEN, Mr. ROSS, Mr. VISCLOSKY, Government Reform, and Rules, for a period GREEN of Texas, Mr. CONYERS, Mrs. Mr. DAVIS of Illinois, Mr. KILDEE, Mr. to be subsequently determined by the Speak- BOYDA of Kansas, Mr. FATTAH, Mrs. GRIJALVA, Ms. WOOLSEY, Mr. er, in each case for consideration of such pro- MALONEY of New York, Mr. HINOJOSA, DEFAZIO, Mr. SHULER, Mr. BRALEY of visions as fall within the jurisdiction of the Mr. RUSH, Mr. SNYDER, Ms. MCCOL- Iowa, Mr. LOEBSACK, Mr. HALL of New committee concerned. LUM of Minnesota, Mr. MORAN of Vir- York, Mr. RYAN of Ohio, Mrs. BOYDA By Mr. MCDERMOTT (for himself, Mr. ginia, Mr. BERMAN, Mr. CARSON, Mr. of Kansas, Mr. CHANDLER, Mr. JOHN- REICHERT, Mr. INSLEE, Mr. SMITH of GRIJALVA, Mr. GUTIERREZ, Ms. SON of Georgia, Mr. SARBANES, Mr. Washington, Mrs. MCMORRIS ROD- HIRONO, Mr. HARE, Mr. KUCINICH, Mr. HARE, Ms. SUTTON, Mr. JACKSON of Il- GERS, Mr. HASTINGS of Washington, COHEN, Mrs. JONES of Ohio, Mr. linois, Mr. LIPINSKI, Mr. ELLISON, Mr. Mr. BAIRD, and Mr. LARSEN of Wash- DOGGETT, Mr. TOWNS, Mr. PAYNE, Mr. AL GREEN of Texas, Mr. GENE GREEN ington): JOHNSON of Georgia, Mr. CLEAVER, of Texas, Ms. SOLIS, Ms. KILPATRICK, H.R. 6187. A bill to designate the facility of Mr. PASCRELL, Mr. BRADY of Pennsyl- Ms. MOORE of Wisconsin, Mr. DOYLE, the United States Postal Service located at vania, Ms. NORTON, Mr. HINCHEY, Ms. Mr. CLEAVER, Mr. ALLEN, Mr. LYNCH, 4244 University Way NE. in Seattle, Wash- LINDA T. SA´ NCHEZ of California, Mr. Mr. JONES of North Carolina, Ms. ington, as the ‘‘Jacob Lawrence Post Office SCOTT of Virginia, Mr. SCOTT of Geor- BALDWIN, Ms. KAPTUR, Mr. KUCINICH, Building’’; to the Committee on Oversight gia, Mr. THOMPSON of Mississippi, Mr. Ms. SHEA-PORTER, Ms. HIRONO, Mr. and Government Reform. RANGEL, Mr. CLAY, Ms. MOORE of Wis- ARCURI, Mr. PATRICK MURPHY of By Mr. PERLMUTTER (for himself and consin, Mr. BACA, Mr. FILNER, Mr. Pennsylvania, Mr. KAGEN, and Mr. Mr. UDALL of Colorado): REYES, Mr. MOORE of Kansas, Mr. WILSON of Ohio): H.R. 6188. A bill to authorize certain pri- JACKSON of Illinois, Mr. GONZALEZ, H.R. 6180. A bill to require a review of ex- vate rights of action under the Foreign Cor- Mr. RYAN of Ohio, Ms. SCHAKOWSKY, isting trade agreements and renegotiation of rupt Practices Act of 1977 for violations by Ms. CORRINE BROWN of Florida, Ms. existing trade agreements based on the re- foreign concerns that damage domestic busi- EDDIE BERNICE JOHNSON of Texas, Ms. view, to set terms for future trade agree- nesses; to the Committee on Energy and WOOLSEY, Mr. UDALL of Colorado, Mr. ments, to express the sense of the House of Commerce, and in addition to the Committee SCHIFF, Ms. ZOE LOFGREN of Cali- Representatives that the role of Congress in on the Judiciary, for a period to be subse- fornia, and Ms. BERKLEY): trade policymaking should be strengthened, quently determined by the Speaker, in each H. Res. 1237. A resolution recognizing the and for other purposes; to the Committee on case for consideration of such provisions as historical significance of Juneteenth Inde- Ways and Means, and in addition to the Com- fall within the jurisdiction of the committee pendence Day, and expressing the sense of mittee on Rules, for a period to be subse- concerned. the House of Representatives that history quently determined by the Speaker, in each By Mr. TANCREDO: should be regarded as a means for under- case for consideration of such provisions as H.R. 6189. A bill to require the Secretary of standing the past and more effectively facing fall within the jurisdiction of the committee Agriculture to conduct a ‘‘Charter Forest’’ the challenges of the future; to the Com- concerned. demonstration project on all National Forest mittee on Oversight and Government Re- By Mr. BILIRAKIS (for himself and Mr. System lands in the State of Colorado in form. PUTNAM): order to combat insect infestation, improve By Ms. RICHARDSON: H.R. 6181. A bill to amend the Internal Rev- forest health, reduce the threat of wildfire, H. Res. 1238. A resolution congratulating enue Code of 1986 to allow certain current protect biological diversity, and enhance the the University of California, Los Angeles, and former service members to receive a re- social sustainability and economic produc- men’s basketball team for its National Colle- fundable credit for the purchase of a prin- tivity of the lands; to the Committee on Nat- giate Athletic Association tournament per- cipal residence; to the Committee on Ways ural Resources. formance; to the Committee on Education and Means. By Mrs. TAUSCHER (for herself, Mr. and Labor. By Mr. BOUCHER: BRADY of Pennsylvania, Mr. COHEN, By Ms. ROS-LEHTINEN (for herself H.R. 6182. A bill to convey the New River and Mr. MCGOVERN): and Mrs. CAPPS): State Park campground located in the H.R. 6190. A bill to restore to the Depart- H. Res. 1239. A resolution honoring the life Mount Rogers National Recreation Area in ment of State responsibility over the Police of Jacques-Yves Cousteau, explorer, re- the Jefferson National Forest in Carroll Training Teams being used to provide advi- searcher, and pioneer in the field of marine County, Virginia, to the Commonwealth of sory support, training and development, and conservation; to the Committee on Natural Virginia, and for other purposes; to the Com- equipment for the Iraqi Police Service, to re- Resources. mittee on Natural Resources, and in addition quire the Department of State to provide the By Mr. TANCREDO: to the Committee on Agriculture, for a pe- majority of members for the Police Training H. Res. 1240. A resolution providing for the riod to be subsequently determined by the Teams, and for other purposes; to the Com- consideration of the resolution (H. Res. 111) Speaker, in each case for consideration of mittee on Armed Services, and in addition to establishing a Select Committee on POW and such provisions as fall within the jurisdic- the Committee on Foreign Affairs, for a pe- MIA Affairs; to the Committee on Rules. tion of the committee concerned. riod to be subsequently determined by the By Mr. THOMPSON of Mississippi (for By Ms. GINNY BROWN-WAITE of Flor- Speaker, in each case for consideration of himself and Mr. TOM DAVIS of Vir- ida: such provisions as fall within the jurisdic- ginia): H.R. 6183. A bill to amend the Harmonized tion of the committee concerned. H. Res. 1241. A resolution congratulating Tariff Schedule of the United States to re- By Mr. BOUCHER: Ensign DeCarol Davis upon serving as the move the tariffs on ethanol; to the Com- H.J. Res. 90. A joint resolution com- valedictorian of the Coast Guard Academy’s mittee on Ways and Means. mending the Barter Theatre on the occasion class of 2008 and becoming the first African By Mr. CASTLE (for himself, Mrs. of its 75th anniversary; to the Committee on American female to earn this honor; to the MALONEY of New York, and Mr. Oversight and Government Reform. Committee on Transportation and Infra- GUTIERREZ): By Mr. CARSON: structure. H.R. 6184. A bill to provide for a program H. Con. Res. 368. Concurrent resolution rec- for circulating quarter dollar coins that are ognizing May 2, 2008, as the 88th anniversary f emblematic of a national park or other na- of the first National Negro League baseball MEMORIALS game; to the Committee on Oversight and tional site in each State, the District of Co- Under clause 3 of rule XII, memorials lumbia, and each territory of the United Government Reform. States, and for other purposes; to the Com- By Mr. BRALEY of Iowa (for himself, were presented and referred as follows: mittee on Financial Services. Mr. LATHAM, Mr. BOSWELL, Mr. KING 289. The SPEAKER presented a memorial By Mr. LATTA: of Iowa, and Mr. LOEBSACK): of the Legislature of the State of Utah, rel- H.R. 6185. A bill to amend title 10, United H. Res. 1236. A resolution expressing the ative to Senate Concurrent Resolution No. 5 States Code, to provide for continuity of sympathy of the House of Representatives to urging the Congress of the United States to TRICARE Standard coverage for certain the citizens of Black Hawk, Buchanan, But- pass effective and meaningful immigration members of the Retired Reserve; to the Com- ler, and Delaware Counties, Iowa, who were reform to enhance the workforce of Utah and mittee on Armed Services. victims of the devastating tornado that continue the economic strength of the By Mr. MARKEY: struck their communities on May 25, 2008; to state’s business environment; to the Com- H.R. 6186. A bill to direct the Adminis- the Committee on Transportation and Infra- mittee on the Judiciary. trator of the Environmental Protection structure. 290. Also, a memorial of the Senate of the Agency to establish a program to decrease By Mr. DAVIS of Illinois (for himself, State of Michigan, relative to Senate Reso- emissions of greenhouse gases, and for other Mr. MEEKS of New York, Ms. LEE, Mr. lution No. 179 memorializing the Congress of purposes; to the Committee on Energy and MCDERMOTT, Mr. LEWIS of Georgia, the United States to enact the Clean Boating

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Act of 2008; to the Committee on Transpor- H.R. 3234: Mr. SMITH of Texas and Mr. H.R. 5709: Ms. HERSETH SANDLIN. tation and Infrastructure. NEUGEBAUER. H.R. 5734: Mr. NADLER and Mr. SESSIONS. f H.R. 3257: Ms. JACKSON-LEE of Texas. H.R. 5737: Mr. GOODE and Mr. MCHENRY. H.R. 3273: Mr. CONAWAY, Mr. MARSHALL, H.R. 5748: Mr. MELANCON. ADDITIONAL SPONSORS Mr. BOSWELL, Mr. DICKS, Mr. CARDOZA, Mr. H.R. 5752: Mr. WOLF. Under clause 7 of rule XII, sponsors TOM DAVIS of Virginia, Mrs. TAUSCHER, Mr. H.R. 5755: Mrs. BOYDA of Kansas. H.R. 5762: Mr. STARK. were added to public bills and resolu- PRICE of North Carolina, Mr. ETHERIDGE, Mr. COOPER, Mr. PERLMUTTER, Mr. HILL, and Mr. H.R. 5772: Mr. FRANK of Massachusetts and tions as follows: SALAZAR. Mr. FILNER. H.R. 89: Mr. SESTAK. H.R. 3326: Mr. ANDREWS. H.R. 5775: Mr. WESTMORELAND. H.R. 111: Mr. KELLER. H.R. 3395: Mr. CARSON. H.R. 5793: Ms. SOLIS, Mr. BOREN, Mr. SUL- H.R. 207: Mrs. MALONEY of New York. H.R. 3457: Mr. HENSARLING and Mrs. LIVAN, and Mr. SHIMKUS. H.R. 273: Mr. SESTAK. CAPITO. H.R. 5794: Mr. CRENSHAW. H.R. 303: Mr. ROTHMAN. H.R. 3543: Mrs. JONES of Ohio and Mr. MUR- H.R. 5797: Mr. MARSHALL. H.R. 343: Mr. MCHUGH. PHY of Connecticut. H.R. 5804: Ms. DEGETTE and Mr. UDALL of H.R. 552: Mr. HELLER and Mr. SALI. H.R. 3631: Mr. CARSON. Colorado. H.R. 555: Ms. NORTON. H.R. 3654: Mr. MCINTYRE. H.R. 5823: Mrs. MALONEY of New York. H.R. 643: Mr. THOMPSON of California and H.R. 3663: Mr. GALLEGLY. H.R. 5825: Mr. MCINTYRE. Mr. YARMUTH. H.R. 3686: Mr. WU. H.R. 5827: Mr. KUHL of New York. H.R. 677: Mr. Carson. H.R. 3700: Ms. SUTTON. H.R. 5833: Mr. BOOZMAN. H.R. 678: Mr. Carson. H.R. 3717: Mr. ALTMIRE. H.R. 5839: Mr. JEFFERSON and Mr. MEEK of H.R. 688: Mr. CARNEY, Mr. OBERSTAR, Ms. H.R. 3757: Mr. FILNER. Florida. ROS-LEHTINEN, and MR. MARIO DIAZ-BALART H.R. 3834: Mr. PETERSON of Minnesota. H.R. 5852: Mr. FILNER. of Florida. H.R. 3929: Mr. CARSON. H.R. 5854: Mr. SNYDER, Mr. HOLT, Mr. H.R. 741: Mr. MCGOVERN and Mr. H.R. 3934: Ms. GIFFORDS and Ms. TSONGAS. RODRIGUEZ, Mr. BUYER, Mr. DONNELLY, and CRENSHAW. H.R. 4030: Ms. DEGETTE. Mr. MCCOTTER. H.R. 826: Mr. CARSON. H.R. 4053: Mr. HINCHEY. H.R. 5892: Mr. FALEOMAVAEGA, Mr. THOMP- H.R. 882: Mr. HASTINGS of Florida, Mr. H.R. 4055: Mr. MCNERNEY. SON of California, and Mr. DELAHUNT. KUCINICH, Mr. BOSWELL, Mr. ROSKAM, Mr. H.R. 4061: Mr. CALVERT. H.R. 5893: Mr. CONYERS. NSLEE CARDOZA, MS. SPEIER, Ms. MCCOLLUM of Min- H.R. 4113: Mr. I . H.R. 5894: Ms. MCCOLLUM of Minnesota. H.R. 4114: Mr. BISHOP of Georgia. nesota, Mr. DAVIS of Illinois, Mr. HODES, Ms. H.R. 5898: Mr. CRENSHAW, Ms. ESHOO, Mr. H.R. 4181: Ms. JACKSON-LEE of Texas. ZOE LOFGREN of California, and Mr. ENGEL. HARE, Mr. JACKSON of Illinois, Mr. KLEIN of H.R. 4188: Mr. CONYERS and Mr. ARCURI. H.R. 1029: Mr. KING of Iowa. Florida, Mr. MACK, Mr. MAHONEY of Florida, H.R. 4199: Ms. KAPTUR, Mrs. JONES of Ohio, H.R. 1108: Mr. YOUNG of Alaska. Mr. MILLER of North Carolina, Mr. STEARNS, and Mr. REGULA. H.R. 1110: Ms. TSONGAS, and Mr. PUTNAM. Mr. TERRY, Mr. WEXLER, Mr. YOUNG of Alas- H.R. 4206: Ms. DELAURO and Mr. ARCURI. H.R. 1111: Mr. CARSON. ka, and Mr. BOYD of Florida. H.R. 4207: Mr. SESTAK. H.R. 1148: Mr. CARSON. H.R. 5901: Mr. COHEN. H.R. 4236: Mr. ANDREWS, Mr. KIND, Mr. CAR- H.R. 1193: Mr. COURTNEY. H.R. 5924: Ms. WASSERMAN SCHULTZ. SON, and Mr. SHERMAN. H.R. 1222: Mr. RODRIGUEZ, and Mr. THOMP- H.R. 5940: Mr. CARNAHAN, Mr. HONDA, Mr. H.R. 4251: Mr. SESTAK. SON of Mississippi. MCNERNEY, Mr. HILL, Mr. JOHNSON of Illi- H.R. 4318: Mr. LARSON of Connecticut. H.R. 1223: Mr. RODRIGUEZ. nois, Mr. FORTUN˜ O, and Mr. GONZALEZ. H.R. 4335: Mr. ISRAEL and Mr. WEXLER. H.R. 1228: Mr. PETERSON of Minnesota. H.R. 5949: Mr. KAGEN, Mr. PAUL, and Mr. H.R. 4461: Mr. FRANK of Massachusetts. H.R. 1295: Mr. PENCE. CARTER. H.R. 4544: Mr. DOYLE, Mr. DONNELLY, Mr. H.R. 1306: Mr. BRALEY of Iowa. H.R. 5954: Mr. ALTMIRE and Mr. RODRIGUEZ. ROGERS of Alabama, and Mr. RODRIGUEZ. H.R. 1320: Mr. CARSON. H.R. 5970: Ms. SCHWARTZ and Mr. BILIRAKIS. H.R. 4651: Mr. MICHAUD and Mr. PETERSON H.R. 1321: Mr. BILBRAY. of Minnesota. H.R. 5971: Mr. WHITFIELD of Kentucky, Mr. H.R. 1338: Mr. CARSON. SAM JOHNSON of Texas, and Mr. MCCARTHY of H.R. 4827: Mrs. CAPITO. H.R. 1376: Mr. MCDERMOTT, Mr. FATTAH, H.R. 4897: Mr. LEWIS of Georgia. California. and Ms. SUTTON. H.R. 4900: Mr. FLAKE, Mr. LUCAS, Mr. H.R. 5984: Mr. HOEKSTRA, Mr. NEUGEBAUER, H.R. 1390: Mr. FRANK of Massachusetts. UDALL of Colorado, and Mr. MANZULLO. Mr. KUHL of New York, Mr. TIBERI, and Mr. H.R. 1475: Mr. PRICE of North Carolina. H.R. 4926: Mr. TIERNEY and Mr. MCHUGH. BURGESS. H.R. 1524: Mr. SMITH of New Jersey. H.R. 4990: Mr. RUSH. H.R. 6002: Ms. WATSON. H.R. 1542: Ms. SOLIS. H.R. 5028: Mr. PETERSON of Minnesota. H.R. 6026: Mr. RYAN of Wisconsin, Mr. H.R. 1551: Mr. CARSON. H.R. 5129: Mr. CARSON. BOOZMAN, and Mr. LUCAS. H.R. 1590: Ms. GIFFORDS. H.R. 5179: Mr. PAYNE. H.R. 6030: Mr. CARNAHAN and Mr. KUHL of H.R. 1755: Mr. INSLEE. H.R. 5244: Mr. BUTTERFIELD, Ms. KIL- New York. H.R. 1801: Mr. CROWLEY, Mr. TOWNS, Ms. PATRICK, Mrs. CAPPS, Mrs. NAPOLITANO, and H.R. 6034: Mr. STARK. BALDWIN, and Ms. HARMAN. Ms. NORTON. H.R. 6053: Mr. ENGLISH of Pennsylvania. H.R. 1884: Mr. HODES and Ms. SOLIS. H.R. 5265: Mr. PETERSON of Minnesota, Mrs. H.R. 6063: Mr. LAMPSON, Mr. CHANDLER, Mr. H.R. 1912: Mr. HONDA. LOWEY, Mr. RUSH, and Mr. GRIJALVA. WU, and Mr. MELANCON. H.R. 2020: Mr. GERLACH. H.R. 5315: Mr. HINCHEY and Mr. SESTAK. H.R. 6064: Mr. KIND, Mr. ELLISON, Ms. IND H.R. 2131: Mr. K . H.R. 5404: Ms. SOLIS. WASSERMAN SCHULTZ, Mr. HONDA, Mr. H.R. 2140: Mr. MORAN of Virginia. H.R. 5447: Mr. YARMUTH. GRIJALVA, Mr. REYES, Mr. RODRIGUEZ, Mr. H.R. 2233: Mr. CARSON. H.R. 5454: Mr. BISHOP of Georgia, Mr. PE- SIRES, and Mr. NADLER. H.R. 2267: Mr. KUHL of New York. TERSON of Minnesota, and Ms. BORDALLO. H.R. 6065: Mr. CARNAHAN and Mrs. BIGGERT. ´ H.R. 2371: Ms. VELAZQUEZ. H.R. 5461: Mr. ABERCROMBIE. H.R. 6076: Ms. LORETTA SANCHEZ of Cali- H.R. 2493: Mrs. BACHMANN. H.R. 5469: Mr. ANDREWS. fornia and Mr. CARDOZA. H.R. 2502: Mr. LEWIS of Georgia. H.R. 5516: Ms. SCHWARTZ. H.R. 6078: Mr. SIRES. H.R. 2511: Ms. HOOLEY. H.R. 5541: Mr. BLUMENAUER and Mr. ROSS. H.R. 6087: Mr. BROUN of Georgia. H.R. 2530: Mr. SMITH of Nebraska. H.R. 5546: Mr. KING of Iowa. H.R. 6092: Mr. SAXTON and Mr. BONNER. H.R. 2552: Mr. CARSON. H.R. 5549: Mr. DAVIS of Illinois, Mr. H.R. 6101: Mr. FORTENBERRY and Mr. H.R. 2580: Mr. NEUGEBAUER. CUELLAR, Mr. MILLER of North Carolina, Mr. NEUGEBAUER. H.R. 2606: Ms. ROYBAL-ALLARD, Mr. HONDA, LEWIS of Georgia, and Mrs. MALONEY of New H.R. 6102: Mr. PAUL. and Mr. PETERSON of Minnesota. York. H.R. 6108: Mr. CANNON and Mrs. BACHMANN. H.R. 2686: Mr. CAZAYOUX. H.R. 5559: Mr. SESSIONS. H.R. 6122: Mr. PETERSON of Minnesota. H.R. 2729: Mr. PAYNE. H.R. 5573: Mr. WELLER, Ms. ZOE LOFGREN of H.R. 6160: Ms. SCHAKOWSKY, Mr. SARBANES, H.R. 2734: Mr. SCALISE and Mr. SMITH of California, and Mr. SHULER. Ms. JACKSON-LEE of Texas, and Mr. HODES. Texas. H.R. 5632: Mr. COHEN and Ms. WOOLSEY. H.J. Res. 39: Mr. WOLF. H.R. 2784: Mrs. BOYDA of Kansas. H.R. 5662: Ms. GIFFORDS. H.J. Res. 79: Mr. SIRES. H.R. 2820: Mr. ALLEN. H.R. 5673: Mr. SOUDER, Mr. HELLER, and H.J. Res. 84: Mr. BISHOP of Georgia. H.R. 2832: Mr. PETERSON of Minnesota. Mr. HENSARLING. H. Con. Res. 223: Ms. HERSETH SANDLIN. H.R. 2864: Mr. MORAN of Virginia and Ms. H.R. 5674: Mr. CLEAVER. H. Con. Res. 285: Mr. SESTAK. HIRONO. H.R. 5686: Ms. SUTTON, Mrs. CHRISTENSEN, H. Con. Res. 299: Ms. CASTOR, Mr. MEEK of H.R. 2880: Mr. CAMPBELL of California and and Mr. CARSON. Florida, Mr. PRICE of North Carolina, Mr. Mrs. LOWEY. H.R. 5698: Mr. PAYNE, Mr. PETERSON of MOORE of Kansas, Mr. BRALEY of Iowa, Mr. H.R. 2914: Mr. SESTAK. Minnesota, Mr. BOOZMAN, and Ms. GRANGER. JONES of North Carolina, and Mr. HONDA. H.R. 3232: Mr. TIAHRT, Mr. BILIRAKIS, and H.R. 5705: Ms. BORDALLO, Mr. WAXMAN, Mr. H. Con. Res. 338: Mr. LEWIS of Georgia, Mr. Mr. LUCAS. CARSON, and Mr. INSLEE. SCOTT of Virginia, and Mr. MEEK of Florida.

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H. Con. Res. 342: Mr. GRIJALVA, Mr. BERRY, MCGOVERN, Mr. SMITH of Washington, Mr. H. Res. 1143: Mr. WOLF. Mr. KUHL of New York, Mr. BISHOP of Utah, GERLACH, Mr. LANGEVIN, Ms. GRANGER, Mr. H. Res. 1187: Mr. WEXLER and Mr. ENGLISH Mr. CHANDLER, Mr. SHAYS, Mr. BOOZMAN, Mr. DAVIS of Illinois, Mrs. NAPOLITANO, Mr. SUL- of Pennsylvania. STEARNS, and Mr. WEXLER. LIVAN, Mr. BUTTERFIELD, Mr. MOORE of Kan- H. Res. 1191: Mr. ALTMIRE and Mr. ALLEN. H. Con. Res. 350: Mrs. CAPPS and Mr. KEN- sas, Mr. WALZ of Minnesota, Mrs. CAPPS, Mr. H. Res. 1192: Ms. BALDWIN, Mr. BERMAN, NEDY. GRAVES, Mr. BILBRAY, Mr. RAMSTAD, Ms. and Ms. SPEIER. H. Con. Res. 357: Mr. EHLERS, Mr. BUYER, BALDWIN, Mr. KIND, Mrs. MCMORRIS ROD- H. Res. 1202: Mr. SOUDER, Mr. PENCE, Mr. Mr. BROUN of Georgia, Mr. CANTOR, Mr. GERS, Mr. PORTER, and Mr. WILSON of Ohio. INSLEE, Ms. BALDWIN, Mr. LEWIS of Ken- HERGER, Mr. JONES of North Carolina, Mr. H. Res. 353: Mr. MILLER of North Carolina, tucky, Mr. BURTON of Indiana, Mr. HILL, Ms. GINGREY, Mrs. DRAKE, Mr. MCHENRY, Mr. Mr. ISRAEL, Mr. PITTS, Mr. MOORE of Kansas, HOOLEY, and Mr. DAVIS of Kentucky. RYAN of Wisconsin, Mrs. MUSGRAVE, Mr. Mr. BRADY of Pennsylvania, Mr. SHAYS, Mr. H. Res. 1219: Ms. JACKSON-LEE of Texas, MANZULLO, Mr. ISSA, Mrs. BACHMANN, Mr. GERLACH, and Mr. BERRY. Mr. JORDAN, Mr. LINDER, Mr. SENSEN- MARCHANT, Mrs. MYRICK, Mr. KLINE of Min- H. Res. 356: Mr. RYAN of Ohio. BRENNER, Mrs. MYRICK, Mr. HENSARLING, and nesota, Mr. CULBERSON, Mr. SAM JOHNSON of H. Res. 648: Mr. MANZULLO, Mr. DANIEL E. Mr. BISHOP of Georgia. Texas, Mr. BARRETT of South Carolina, Mr. LUNGREN of California, Mr. LAMBORN, Mr. H. Res. 1227: Mr. FATTAH, Mr. HINCHEY, and PENCE, Mr. WESTMORELAND, and Mr. WILSON FEENEY, Mr. WELDON of Florida, Mr. BROUN Mr. MCGOVERN. of South Carolina. of Georgia, Mr. PRICE of Georgia, Mr. PENCE, H. Con. Res. 362: Ms. BERKLEY, Mr. TERRY, Mr. BARRETT of South Carolina, Mr. KLINE of f Mr. FERGUSON, Mr. SULLIVAN, Mr. ROTHMAN, Minnesota, Mr. SAM JOHNSON of Texas, Mr. Mrs. LOWEY, Mr. TIBERI, Mr. MARSHALL, Mrs. GOODE, Mr. PITTS, Mr. MARCHANT, Mr. BLACKBURN, Mr. SCHIFF, Mr. MCHUGH, Mr. GINGREY, Mr. BARTLETT of Maryland, Mr. PETITIONS, ETC. CAMP of Michigan, Mr. POE, Mr. HENSARLING, WILSON of South Carolina, Mrs. BACHMANN, Under clause 3 of rule XII, petitions Mrs. JONES of Ohio, Mr. BARTLETT of Mary- Mr. FORTUN˜ O, and Mr. DAVID DAVIS of Ten- and papers were laid on the clerk’s land, Mr. PORTER, Mr. CHABOT, Mr. VIS- nessee. desk and referred as follows: CLOSKY, Mr. CAMPBELL of California, Mr. H. Res. 896: Mr. SESTAK and Mrs. JONES of MANZULLO, Mr. ROHRABACHER, Mr. BURGESS, Ohio. 252. The SPEAKER presented a petition of Mr. SESSIONS, Mr. RENZI, Mr. UDALL of Colo- H. Res. 985: Mr. HILL, Mr. SOUDER, and Mr. the Board of County Commissioners of Doug- rado, Mrs. MUSGRAVE, Mr. GOODE, Mr. DONNELLY. las County, Nebraska, relative to Resolution MCNULTY, Mrs. MCCARTHY of New York, Mr. H. Res. 988: Mr. HALL of Texas, Mrs. No. 143 opposing any cutback of the National HASTINGS of Florida, Mr. GENE GREEN of BLACKBURN, Mr. ROGERS of Michigan, and Institute of Correction’s budget; to the Com- Texas, Mr. LOBIONDO, Mr. BROUN of Georgia, Mr. CASTLE. mittee on the Judiciary. Mr. STEARNS, Mr. SHADEGG, Mr. HOLDEN, Mr. H. Res. 1010: Mr. MILLER of North Carolina, 253. Also, a petition of American Bar Asso- PLATTS, Mr. TANCREDO, Mr. MCCAUL of Mr. ROSS, Mr. BOREN, Mr. SULLIVAN, Mr. ciation, relative to a resolution regarding Texas, Mr. BILBRAY, Ms. CORRINE BROWN of DAVIS of Illinois, Mr. DAVIS of Kentucky, Mr. prosecutor obligation regarding new excul- Florida, Mr. PASTOR, Mr. LATOURETTE, Mr. BRALEY of Iowa, Mr. SIMPSON, and Mr. patory evidence; to the Committee on the WILSON of South Carolina, Mr. GOHMERT, Mr. COHEN. Judiciary. SHUSTER, Mr. HAYES, Ms. ROS-LEHTINEN, Mr. H. Res. 1056: Mr. ENGLISH of Pennsylvania, 254. Also, a petition of American Bar Asso- GRAVES, Mr. FRELINGHUYSEN, Mr. HOYER, Mr. Mr. DAVIS of Illinois, and Ms. JACKSON-LEE ciation, relative to a resolution regarding RODRIGUEZ, and Mr. WAMP. of Texas. criminal standards on prosecutorial inves- H. Con. Res. 367: Ms. SCHWARTZ, Mr. H. Res. 1105: Mr. LEWIS of Georgia. tigations; to the Committee on the Judici- ALTMIRE, Mr. SAM JOHNSON of Texas, Mr. H. Res. 1108: Mr. HELLER. ary.

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Vol. 154 WASHINGTON, WEDNESDAY, JUNE 4, 2008 No. 91 Senate The Senate met at 9:30 a.m. and was appoint the Honorable BENJAMIN L. CARDIN, controlled between the two leaders or called to order by the Honorable BEN- a Senator from the State of Maryland, to their designees, with the majority con- JAMIN L. CARDIN, a Senator from the perform the duties of the Chair. trolling the first 30 minutes and the State of Maryland. ROBERT C. BYRD, Republicans controlling the second 30 President pro tempore. minutes. PRAYER Mr. CARDIN thereupon assumed the The Senator from North Dakota is The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. recognized. fered the following prayer: f Mr. DORGAN. Mr. President, my un- Let us pray: RECOGNITION OF THE ASSISTANT derstanding is that I am recognized for Eternal God, whose grace sustains us, MAJORITY LEADER 20 minutes. I ask unanimous consent to You know us better than we know our- be recognized for 20 minutes. selves. You understand our going out The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- and coming in and the things that pore. The assistant majority leader is pore. Without objection, it is so or- challenge us. recognized. dered. Today, give wisdom to our law- f f makers. Deliver them from the myth SCHEDULE that they are self-made men and CLIMATE SECURITY women, masters of their own destinies. Mr. DURBIN. Mr. President, today, Mr. DORGAN. Mr. President, we will Instead, may they seek Your guidance following my remarks and the remarks be once again taking up the pending and know that You alone sustain our of Senator MCCONNELL, there will be a bill dealing with global warming. It is Nation and world. Lord, teach them to period of morning business until 11:30 a substantial piece of legislation. I am depend upon Your power and to serve a.m., with the time equally divided and planning to speak later in the day as Your sovereign purposes. May their hu- controlled. The majority will control well, but I wish to take some time dur- mility match Your willingness to help the first 30 minutes, and the Repub- ing morning business to talk about the them through all of the seasons of licans will control the next 30 minutes. overall bill as well as an amendment I their labors. Following morning business, the Sen- may file later today on this legislation. We pray in Your mighty Name. ate will proceed to the consideration of In terms of the issue of global warm- Amen. the budget conference report. There ing, first let me say that there is little f will be 15 minutes for debate equally question left that something signifi- divided prior to a vote on adoption of cant is happening to our planet. There PLEDGE OF ALLEGIANCE the conference report. Therefore, Sen- is something happening to our climate The Honorable BENJAMIN L. CARDIN ators should expect the first vote to that sometimes we don’t quite under- led the Pledge of Allegiance, as follows: begin at 11:45 a.m. stand. But among almost all scientists, I pledge allegiance to the Flag of the Upon disposition of the budget con- there is nearly universal consensus United States of America, and to the Repub- ference report, I expect the Senate to that in the last 100 years, the tempera- lic for which it stands, one nation under God, begin consideration of the climate ture of the Earth has slightly warmed indivisible, with liberty and justice for all. change bill. by 1.1 to 1.6 degrees. Through 2050, we f f expect further temperature increases unless we begin to address the contin- APPOINTMENT OF ACTING RESERVATION OF LEADER TIME PRESIDENT PRO TEMPORE ued concentration of greenhouse gases The ACTING PRESIDENT pro tem- in the atmosphere. The PRESIDING OFFICER. The pore. Under the previous order, the We are seeing evidence of these im- clerk will please read a communication leadership time is reserved. pacts. While no specific event is di- to the Senate from the President pro rectly linked, we see droughts occur- tempore (Mr. BYRD). f ring more often, and this is certainly The legislative clerk read the fol- MORNING BUSINESS happening in my State of North Da- lowing letter: The ACTING PRESIDENT pro tem- kota. Heat waves are becoming more U.S. SENATE, pore. Under the previous order, the frequent, more intense, and more dam- PRESIDENT PRO TEMPORE, Washington, DC, June 4, 2008. Senate will proceed to a period of aging. Further, the number of category To the Senate: morning business until 11:30 a.m., with 4 and 5 hurricanes has nearly doubled Under the provisions of rule I, paragraph 3, Senators permitted to speak for up to in the past 50 years. It is quite clear of the Standing Rules of the Senate, I hereby 10 minutes each, equally divided and something is happening that we have

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

S4993

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not seen before. I think the consensus nologies? The Congress put in place a capture that CO2 and to store or se- of scientists now is at a point regard- production tax credit in 1992. These quester CO2 in geological formations or ing this climate change that is beyond ended up being very short term and other means. natural change, and we certainly ought rather shallow. It has been extended How do we use coal in the future? We to take some no-regret steps. At least for the short term, in many cases by 1 use coal in the future by being able to at the very minimum, we should be year, five times since we first passed it. capture this emitted CO2. So how do we taking more substantial steps to try to It is a stutter step approach—start, do that? The question isn’t whether we respond to it and deal with it. stop; start, stop. It has been a pathetic, are going to use coal. The question is Now, one of the interesting things anemic, and weak response by a coun- how are we going to use coal in the fu- about this bill that is on the floor of try that should be much more aggres- ture. the Senate is that it requires a com- sive and bold in providing a direction There are some who say: Well, it is mitment to emission reductions, tech- to develop our renewable energy re- not possible to capture CO . It is pos- nology investments and other actions 2 sources. sible. Of course it is possible. At this through 2050. It is sometimes hard to There are substantial renewable en- point the technology isn’t fully proven, see ahead 5 years or 10 years, let alone ergy resources available in this coun- and it is expensive. Yet, we can see sev- 30 or 40 or 50 years. We have econo- try, and we need to get about the busi- eral technology options ahead. mists who can’t remember their own ness of providing the funding for re- Let me describe to my colleagues a phone numbers who make predictions search and the aggressive incentives plant in North Dakota, the only one of 10 and 15 years into the future. At the for a long-term determination of where its kind in North America. It produces same time, we still have to be seriously we are going to head with renewables. synthetic gasoline from lignite coal. thinking about our future pathway for In 2007, I introduced legislation to en- Let me tell my colleagues what we do action. What is our destination? What courage a broad range of renewable and with the CO in that plant. We capture do we aspire to achieve for this coun- clean energy approaches as well as ad- 2 the CO and use it for enhanced oil re- try? What do we want to have happen ditional infrastructure. That legisla- 2 covery. It is one of the world’s largest as we move ahead? tion signaled that our country should examples of CO capture at an indus- Let me say that almost everyone be- be on a course to say to the investors 2 trial facility. Half of the CO produced lieves that our present energy course is in the U.S. and around the world, 2 at this facility is now captured. This unsustainable. Energy use primarily where we are headed for a decade. CO is put in a pipeline under pressure from fossil fuel combustion in the U.S. Count on it. Believe in it. The produc- 2 and sent to Saskatchewan, Canada. Oil and around the world is a significant tion tax credit which will expire at the industry interests there pump it under- contributor to climate change, accord- end of this year should be extended not ground to enhance oil recovery. We are ing to most energy and climate change for 1 year, it ought to be extended for successfully using CO by capturing it, experts. We cannot maintain the cur- a full decade to let America know 2 keeping it out of the atmosphere, in- rent path. where we are headed. We want more re- vesting it underground in Canada, and So what do we have to do? Well, the newable energy that is not polluting. legislation in front of us is significant. Now, having said all of that, there enhancing their oil recovery. That It says that we ought to do a lot of are so many things we can do. We need makes a lot of sense, and we need more things. Yes, some of the proposals here much more extensive deployment of of these types of projects. Is it pos- are controversial. Some will likely be conservation and efficiency, including sible? It is very possible. That one of changed during this debate or future more efficient vehicles and buildings. the world’s largest applications is deliberations, but the reality is that a We are going to increase fuel economy being demonstrated in Beulah, North debate on mandatory emissions cuts standards with a 10-mile-per-gallon in- Dakota. must occur. crease in 10 years that we required Now, what else can we do dealing I will offer an amendment I will de- with the Energy Independence and Se- with carbon and the capturing of CO2? scribe a little later, but chief among curity Act passed by Congress in De- If you are going to unlock the mystery the things we need to do are the more cember 2007. I was proud to be a part of of how you continue to use fossil fuels rapid development of new sources of that effort to increase fuel economy that we must use without impacting energy, especially with advanced tech- standards. We are doing a lot of things our environment and our planet, we nology. There are renewable sources of that make it easier to move forward need to have kind of a moonshot ap- energy that do not emit greenhouse with efficiency and conservation meas- proach. We can’t just tiptoe around the gases or other pollutants. They ures. Further, I wish to talk for a mo- issue. We have to decide we are going produce no effluents or no carbon diox- to significantly commit funding—bil- ide. This includes wind, geothermal, ment about an amendment that I am going to offer with respect to the ad- lions of dollars—to the research and and solar energy, and we ought to be demonstrations in science and tech- moving much more aggressively on vancement of clean coal technologies. Now, I understand some say that, in nology. these and other opportunities. This has order to deal with climate change, you Let me give you some examples. I not been what the U.S. has done his- are going to have to find a way to wean was in Phoenix, Arizona recently, and I torically though. We have initially yourself off of fossil fuels. I understand toured an electric utility called the Ar- been early leaders in cutting edge en- izona Public Service. The organization ergy technologies and then fallen be- they say that, but I also understand in Arizona is producing CO at a coal- hind. that is not going to happen in the very 2 Let me give an example of how pa- near term. Let me tell my colleagues fired electric generating plant. What thetic this country’s response has been what is happening with respect to en- they are doing with it is very inter- in recent years and how much more ag- ergy use in this country. Almost 50 per- esting. They are taking a stream of CO2 gressive it must be in future years. cent of our electricity comes from coal. off their stack in a coal-fired electric When the U.S. started exploring for oil Without questioning it, we get up in generating plant and putting it in very and natural gas at the start of the last the morning, flick on a switch, turn a long greenhouses, and they are pro- century, this Congress adopted, in 1916, knob, and turn a dial. We do all of ducing algae. This pictures shows one long-term, permanent, very substantial these things with our hands, and en- example of greenhouses where they are tax incentives to encourage that devel- ergy flows. One-half of those activities doing it in tubes. opment. are made possible because of the elec- Most of us know what algae is. Algae It gave a clear signal that, if you go tricity that comes from coal. Does any- is single-cell pond scum. Every kid out and discover oil and gas, then we body really think we are not going to knows what that is. You have been to have big tax incentives for you. Indus- use coal in the future? The problem is, a little pond where stagnant water has try understood that it was beneficial to when we use coal, we have CO2 that is hung around for a while and you see find oil and gas through these long- emitted into the air. This CO2 and green slime or single-cell pond scum term, permanent tax incentives. other greenhouse gases contribute sig- called algae. Algae grows in water. What do we do for wind energy, solar nificantly to cause global climate What does it need to grow? It needs and other renewable energy tech- change. So we need to find a way to two things—sunlight and CO2.

VerDate Aug 31 2005 00:08 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.031 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S4995 When I became chairman of the En- stick a drilling rig into the ground and to expand technology to use coal in a ergy and Water Appropriations Sub- find oil, in many cases, you are only near zero emissions way, we can not committee on the Senate side, I discov- getting about 30 percent of the oil pool meet the goals outlined in this bill. ered that the research that used to go pumped up. At that point, it is difficult We have to make substantial invest- on with respect to algae was discon- to produce any more without some ments in technology, science, and re- tinued nearly 15 years ago. Last year, extra help or advanced technology. If search. I was part of six of us in the for the first time, I reestablished fund- you pump CO2 down into that ground Senate who said, some years ago, ing to continue algae research. under pressure, you enhance oil recov- pushed to double the amount of money Let me tell you what they are doing ery. You have a way to get rid of the we spend at the National Institutes of in Arizona. In Arizona, they are trying CO2 by putting pressure on the oil to Health because it is not spending, it is to demonstrate growing algae in these bring it up. You have gotten rid of the an investment in the future. If we in- greenhouses which are next to a coal- CO2, protected the environment, are vest in cures for cancer, ALS, Parkin- fired electric generating plant. They still able to use coal and have enhanced son’s, diabetes, heart disease, and so take the CO2 from the plant and use it the recovery of oil from domestic many more diseases, it will be bene- to grow this pond scum. In these very sources. ficial to generations around the world. long greenhouses where they are pro- Why do I tell you all this? I think we We made the commitment and doubled ducing algae from the plant’s CO2, they need to produce substantial wind and the amount of funding at the NIH. harvest the algae and produce diesel other forms of renewable energy. We We need the same kind of commit- fuel. So what they are doing is taking also have all kinds of needs for effi- ment with respect to our energy fu- something that we want to get rid of to ciency and conservation opportunities. ture. We need to decide we are going to grow single-cell pond scum called But, if we don’t find a way to unlock make a commitment. Just as NIH deals algae, which increases its bulk in the opportunities to continue to use with the health of people. This bill and hours. our fossil fuels, especially coal, we will the technology we need to develop re- By the way, an equivalent acre of not solve the problem that is brought lates to the health of our economy, of corn produces, in terms of ethanol fuel, to us with this piece of legislation on our country, and of the expanded op- about 300 or 400 gallons. An equivalent the Senate floor. How do we solve the portunities in this country. We need to acre of soybeans I believe is around 80 problem of being able to use coal in a make a similar commitment right now. to 100 gallons. carbon constrained future? Perhaps by I propose an amendment that would An equivalent acre of algae harvested producing baking soda or algae, we can take the underlying bill which has for diesel fuel produces 3,000 to 4,000 end up producing more cookies or bio- about $17 billion for advancing coal re- gallons. Think of this. We use much diesel. Perhaps it’s a dozen other inno- search in the first 12 to 14 years. This coal to produce electricity and that in- vative approaches. is a good start but is not enough. I pro- creased manmade CO2 is destructive to How do you do that? By investing in pose to shift about $20 billion to that the atmosphere. Yet capturing the CO2 research and technological capability. $17 billion and try to provide about $37 and producing fuel is very beneficial. This will require substantially more billion in total. That $37 billion in this An Austin, TX, company came to see funding. I was visited by Craig Venter, cap and trade bill would be coupled me. They have two demonstration who is one of the two fathers of the with the $500 million that I have each projects in Texas. They are taking flue Human Genome Project and an unbe- year through appropriations for clean gas off a coal plant, and they are pro- lievable American. He has now turned coal research. By the way, this Presi- ducing several byproducts hydrogen, his attention to energy. They are dent’s funding recommendation on re- chloride, and baking soda. Isn’t that working on sophisticated things that I search in fossil fuels has largely been interesting? These small demonstra- have a difficult time fully describing in largely flat and very inadequate to our tion projects take the flue gas from a simple terms. They are working on cre- needs. He has mostly paid lip service to coal electric generating plant, chemi- ating new kinds of organisms and bac- our tremendous needs. There is no evi- cally treat it, and then produce these teria that could eat coal in under- dence the White House is very inter- byproducts. ground seams and produce liquid fuels. ested in this. Through such an amend- Take a look at this chart. Here is the The Department of Energy’s Office of ment I propose to create a fund of at baking soda, and it contains the CO2. Science is also studying the gut system least about $3.5 billion a year, starting Instead of emitting it into the atmos- of termites with our scientists because in 2009, because these can start with phere, it is embedded in the CO2. It can we know there are 200 microbes in the the first auctions and the funding can be put in a landfill, but you can also intestinal tract of a termite. When be available on the first opportunity make cookies. I happen to like the idea they eat your house, and they love to after passage of a piece of legislation. of eating cookies from this process. eat wood, it produces methane. Most If this could be accomplished, we would They said: Do you want to have some living things do. But termites are able have about $3.5 billion a year for 12 to cookies produced from coal? It tasted to break down cellulose. If we are going 14 years. pretty good because it was produced to have a revolution in the use of I am convinced we can do this. I am with, among other things, the baking biofuels, we need to understand what convinced that investments in these soda which was a byproduct from coal. these termites accomplish naturally. technology opportunities allow us to Here is another example of what we We are trying to figure out what is it address the climate change challenge can do. I have in my hand some sand- in the gut system of termites that al- and still continue to use the most stone. You can find this in many geo- lows this insect to eat wood and break abundant source of energy in this coun- logic formations, including 10,000 to down cellulosic materials. If we can try without injuring our environment. 15,000 feet underground in North Da- figure that out, we unlock another part There are people out there who are kota. There also might be a very viable of the mystery of how to produce more some of the best and the brightest sci- way to capture and store the CO2 un- non-oil based fuels. entists and engineers in our country. derground. The carbon dioxide under So here is the proposal I will offer We need these people working on this pressure is pumped underground, at- today. It is an amendment that would issue. There are many technological taches itself to sandstone and is there- shift a substantial amount of money leaps that need to be made. The best fore sequestered. We have examples, as and dramatically increase the amount minds should be working on ways to I said previously, of CO2 being used in of money available for research and take CO2, produce baking soda, and marginal oil wells. technology for advancing coal re- make cookies. They should be working We suck out oil all across the planet search. We would unlock the mysteries on ways to have beneficial use of car- every single day. We stick straws into of going from research to demonstra- bon, which is destructive to our envi- the Earth, and we suck out 85 million tion to commercial application of car- ronment, but can be constructive if barrels a day. We use one-fourth of bon capture and storage or other bene- you invest it in algae and harvest the that oil produced every day in the ficial uses. If they don’t do that, the algae for diesel fuel. United States. We have a prodigious goals of this bill will fail. If we don’t Frankly, the amount of money that appetite for this energy. When you solve the problem without solving how has been committed to research and

VerDate Aug 31 2005 00:08 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.032 S04JNPT1 wwoods2 on PRODPC68 with SENATE S4996 CONGRESSIONAL RECORD — SENATE June 4, 2008 technology and development has been policy of all this stuff we are putting in In the closing minutes that I have— pathetic, just pathetic. It is not just the air. Indeed, we have been putting Mr. President, will you tell me how this, it is also solar, wind, and other this in the air ever since we started many minutes I have. technologies. But Jeffrey Sachs, a pro- changing our society in the Industrial The ACTING PRESIDENT pro tem- fessor at , has Revolution because the burning of fos- pore. The Senator from Florida has 21⁄2 written a wonderful essay in Time sil fuels is starting to accumulate car- minutes. Magazine this week. I commend him bon in the air. That carbon is acting as Mr. NELSON of Florida. Mr. Presi- for saying we need a moonshot here. a shield in the upper atmosphere, cre- dent, I wish to share with the Senate My amendment is going to give us that ating a greenhouse effect, that when what I saw from the window of a space- opportunity—$37 billion invested in the the Sun’s rays come in and hit the craft. It is very typical that space fli- opportunity to unlock the mysteries of Earth, and they reflect off; normally, ers, on the first day in space, will be how we use our most abundant re- they would radiate out into space. But looking for things. On the 24th flight of source and still protect our environ- the fact that we are creating a cap, the space shuttle over two decades ago, ment. similar to a greenhouse, with these I was at that window—when you can We can do this, but we cannot move gases—primarily carbon dioxide—they get time and you don’t have much time forward and will not move forward in a are trapping that heat and, as a result, because every minute is planned—and I way that says to our country we need the Earth is heating up. was looking for things. I was looking to make investments. I believe we can In the course of this debate, we will for the cape where we were launched. produce a number of zero-emission, have a lot more scientific evidence By the second day in space, your per- that will come forth and tell us how coal-fired electric generating facilities. spective has broadened and you are many parts per million of carbon in the It will not happen by accident. I chair looking at continents. And by the third air you can get before it becomes al- the Committee on Appropriations that day in space, you are looking back at most irreversible. We certainly wish to funds all our national laboratories. The home, and home is the planet. It is so avoid that. But that means we have to beautiful, it is so colorful, it is such an thousands and thousands of the best come back to the political policy and alive creation suspended in the middle scientists in this country are a na- make the decisions that will prevent us of nothing, and space is nothing. It is tional treasure. We are now seeing from ever getting to that concentra- many of them being furloughed and tion of carbon in the atmosphere that an airless vacuum that goes on and on leaving our Federal payroll. We have so becomes the point of no return, that at for billions of light years—and there is much to do, in such a short time, to that point the Earth continues to heat home. It is so beautiful. unlock the opportunities to address up to the point that it has all the con- Yet when you look at it, it is so frag- this issue I have described. I hope we sequences—the consequences of the ice ile. You look at the rim of the Earth. can move forward very aggressively. sheet in Greenland, which I have been There is a bright blue color right at the Finally, in closing, I will speak at on, which is melting, and that in itself rim that fades off into the blackness of greater length on the floor today on is 2 miles thick. It is freshwater be- outer space. And right at the rim of the this subject, and I may file an amend- cause of the hundreds of thousands of Earth, you can see the thin little film ment today. But this, it seems to me, years of the rain coming and the rain that sustains all of life, the atmos- is the first key to unlock the opportu- turning into snow and the snow pack- phere. Even from that altitude, with nities that will give us a future in ing and, year after year, the same the naked eye you can see how we are which we can protect our environment thing happening. It is 2 miles thick in messing it up. Coming across Brazil in and continue to use the resources we the center of Greenland. It is all fresh- the upper Amazon region, the color must use. This must be part of the step water. contrast will show you where they are if the promise of not only this bill but If that melts, the seas are going to destroying the rainforests. future bills dealing with the great chal- rise somewhere between 10 and 15 feet— I came away from that profound ex- lenge of global warming are to be ful- the entire seas of planet Earth are perience of seeing home from a dif- filled. going to rise. What happens to Antarc- ferent perspective, with a new feeling I yield the floor. tica and the icecaps there? We will that I needed to be a better steward of The ACTING PRESIDENT pro tem- have testimony, and we will have sci- what God has given us—our home, the pore. The Senator from Florida is rec- entific evidence on all this. We cannot planet. If we continue to abuse the ognized. let that happen. So we are going to planet, Mother Nature will not work in Mr. NELSON of Florida. Mr. Presi- have to make the policy changes; that syncopation and in balance. dent, I will speak on the climate is, we are going to have to have the po- The ACTING PRESIDENT pro tem- change bill. How much time do we have litical will in order to make the policy pore. The Senator’s time has expired. under this order? changes, and the tough thing about Mr. NELSON of Florida. For that The ACTING PRESIDENT pro tem- this is that it is not just this country. reason, I am supporting this pore. The Senator has 81⁄2 minutes re- We have to get the rest of the countries Lieberman-Warner bill. maining on the Democratic side. to do it. But America is the one that I thank the Chair. Mr. NELSON of Florida. Is this in has to lead, and in the last decade, The ACTING PRESIDENT pro tem- morning business? America has not led. pore. The Senator from Texas is recog- The ACTING PRESIDENT pro tem- Let me just show this chart. This is nized. pore. We are in morning business. my State. What would happen if the Mr. CORNYN. Mr. President, I ask Mr. NELSON of Florida. Mr. Presi- seas rise? If they rise 10 feet, which is unanimous consent that the first half dent, what I wished to share with the the red—here is the State of Florida. of our morning business time, the 30 Senate is how I come to the table on We are familiar with it, the peninsula minutes, be divided equally among my- the question of the climate change bill. with the Florida Keys. If the seas rise self, Senator CHAMBLISS, and Senator We clearly understand something is 10 to 20 feet, Florida is going to look SESSIONS. happening to the Earth. The Earth is like this, just the gray. All of this red The ACTING PRESIDENT pro tem- heating up. Obviously, there are inter- and blue is going to be underwater. pore. Without objection, it is so or- ests that are going to be affected—spe- Mr. President, I say to my col- dered. cial interests—if we go about changing leagues, most of the population of Flor- The Senator from Texas is recog- the way we are doing business, the ida is along the coast. I don’t want that nized. kinds of pollutants we are putting in to happen to my State. My State has Mr. CORNYN. Mr. President, I first the air, and those business interests more coastline than any other State in wish to raise the concern I have that will claim that, in fact, they are being the continental United States. Only this extraordinarily complex piece of harmed. I understand that. That is part Alaska has more coastline than our legislation, I have been advised that of the body politic we have to come to- State. That is in excess of 1,500 miles of this 342-page bill we have on our desks gether and find a solution on what will coastline. That is where the population that we all assumed was the working be the least detrimental to folks as we lives in Florida. I don’t want that to document to which we have been draft- are trying to change the Government happen to our State. ing amendments, is actually not going

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I have been informed—and I ask more taxes, higher energy costs for OK, we are going to impose higher colleagues whether this is, in fact, the electricity and gasoline, and with the taxes on the oil industry which, of case—that there is actually another uncertainty that any of this will actu- course, would be passed along to con- bill, not 342 pages long but 491 pages ally have an impact on climate, espe- sumers and raise the price of gasoline long, that will be laid down this after- cially given the fact that countries even more or they say we are going to noon by Senator BOXER. such as China and India, of a billion have another investigation into price It is very difficult for any of us to be people each, are not going to agree to gouging when the Federal Trade Com- prepared when the target continues to impose this on themselves. So America mission has investigated time and time move. To those who are concerned, as is going to do this, presumably, while again and found no evidence to justify the Senator from California and the our major global competitors are not, a charge of price gouging when it majority leader have been about the and we are going to suffer not only comes to gasoline prices or they say we speed with which we address this bit of those higher prices but job losses, re- are going to sue OPEC, the Organiza- legislation, this does nothing but slow duction in our gross domestic product, tion of Petroleum Exporting Countries, us down and make our job harder. I and a competitive disadvantage with which has to be the most boneheaded hope that is not the case, but that is the rest of the world. Why would we do suggestion I have heard because, of what I am reliably informed. that to ourselves? course, what in the world would you To me, it is counterintuitive to say At the same time, we see this Rube ask the judge to order if you were suc- the least that we would undertake to Goldberg bureaucracy that would be cessful in suing OPEC? I presume to pass legislation with a pricetag of $6.7 created. Yesterday, Senator DORGAN open the spigot even wider so we would trillion that will actually raise gas said this bureaucracy would make be more dependent on foreign oil and prices by 147 percent when families in HillaryCare pale in comparison with its not less. my State and across the country are complexity as reflected on this chart. It is time for a real solution. This bill already paying an extra $1,400 a year This is the kind of huge expansion in is not it. I call on my colleagues to do for gas prices as a result of congres- Government power over our lives and what we can to open America’s natural sional inaction. Actually, I guess it is over the economy that is unprece- resources to development and bring wrong to say congressional inaction be- dented in our country, and I suggest is down the price of gasoline at the pump. cause Congress has actually acted to the wrong solution, is the wrong an- I yield the floor. impose a barrier to developing Amer- swer to what confronts us today. The ACTING PRESIDENT pro tem- ica’s natural resources right here at In my State in Texas, it has been es- pore. The Senator from Alabama. home to the tune of roughly 3 million timated under that Boxer climate tax Mr. SESSIONS. Mr. President, what barrels of oil a day which, if it was legislation that as many as 334,000 jobs is the time agreement at this stage? made available and Congress would would be lost as a result of the in- The ACTING PRESIDENT pro tem- simply get out of the way, that would creased costs and taxes associated with pore. The Senator is allocated 10 min- be additional supply which would bring this bill, with a $52.2 billion loss to the utes. down the price of oil which would give Texas economy, and an $8,000 addi- Mr. SESSIONS. Mr. President, our us some temporary relief as we transi- tional surcharge on each Texas house- Nation wants progress toward energy tion to a clean energy future for our hold. That is over and above the $1,400 security, affordable energy. It wants to country and for the world. that each Texas family is already pay- reduce pollution and it wants to fight By that I mean by developing things ing because of congressional inaction global warming. There is no doubt such as greater use of nuclear power, on oil and gas prices. Electricity costs, about that. It wants us, this Congress, using good old-fashioned American in- 145 percent higher; gasoline, 147 per- to do something. But it wants us to do genuity, research and development to cent higher. the right things, wise things, prudent develop clean coal technology and the I don’t know why, at a time when the things, not wrong things. like. American people and the American I traveled my State this past week, In the near term, I think we all have economy are already struggling with a all week, from every corner of it. My to acknowledge the obvious fact that soft economy in many parts of the wife and I traveled around and we oil is going to continue to be part of country, why we would do this to our- talked to a lot of people. One thing our future, but hopefully it will be a selves. It simply does not make any that is absolutely clear to anybody bridge to a future of clean energy inde- sense to me. who has eyes to see and ears to hear is pendence, but not unless Congress acts. I would like to have an explanation that the American people are terribly Congress is the problem. from our colleagues who are advo- concerned about surging gasoline and I suggest when we look around for cating this particular legislation how electricity prices that are rising, and the causes of our current energy crisis they can possibly justify this bill. this is hurting them. This is not an that Congress simply look in the mir- What could be the possible rationale academic matter we are talking about. ror because we are the problem. It is for legislation that would do this to my Average families, carpooling and driv- unfortunate that when the Senate had State and have this sort of Draconian ing to work, are going to the gas pump an opportunity recently to vote on the impact on the economy of our country? and finding that when the month is American Energy Production Act that I have heard some talk that said that over, their bill is now $50, $75, or $100 only 42 Senators voted for it. That was gas prices have increased during the more for the same amount of gasoline when gas was about $3.73 a gallon. time President Bush has been in office. that they bought 2 or 3 years ago, and Today the average price of a gallon of This is what has happened since our it impacts their budget. They have less gas is $3.98 a gallon. friends on the other side of the aisle money to pay other bills with, to fix I asked the question then, and I will have controlled both the House of Rep- the brakes on the car, or purchase a set ask it again today: Is the Senate going resentatives and the Senate. We see of tires, or take a trip, or have a med- to reject an opportunity to develop there is a huge spike in gas prices dur- ical expense, or buy a new suit of America’s natural resources and bring ing a Democratic-controlled Congress. clothes. These things are reduced when down the price of gasoline at the pump But this should not be a partisan issue. we have now added to their normal ex- when gasoline is at $3.98 a gallon? How This is a matter of the welfare of the penses $50, $75, or $100 a month for fuel. about when it is at $5 a gallon or $6 a American family and of the American Some of that, I believe, we can do gallon? Where is the tipping point at economy. Why in the world would we something about; some of that we may which Congress is finally going to wake not want to work together to try to de- not. We have to be honest with our up and realize it is the reason Ameri- velop the natural resources that God constituents. But they want us to do cans are paying too much at the pump? has given us to create that additional something. They are not happy, and Instead of dealing with that urgent 3-million-barrel supply of oil so we can they should not be, that we are import- need that affects every man, woman, reduce our dependence on imported oil ing 60 percent of the gasoline and oil and child in this country, this Congress from foreign sources? that we will need to run our country

VerDate Aug 31 2005 00:08 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.001 S04JNPT1 wwoods2 on PRODPC68 with SENATE S4998 CONGRESSIONAL RECORD — SENATE June 4, 2008 from foreign countries, many of which income tax, or to create a bureaucracy The ACTING PRESIDENT pro tem- are hostile to us. We are transferring that is going to monitor this com- pore. The Senator from Georgia is rec- out of our country $500 billion to pur- plexity throughout the country. ognized. chase that oil. It is the greatest wealth It is an unbelievable 342 pages, this Mr. CHAMBLISS. Mr. President, I transfer in the history of the world. No bill that is now before us, and it is not first of all commend my colleague from one has ever seen anything like it be- the right thing. It would represent an Alabama, and I associate myself with fore, and it is, in my opinion, without injection of Washington into the most his remarks because he is dead on tar- any doubt a factor—a major factor; marvelous thing we have, in many get. perhaps the major factor—in the eco- ways, in our country—the free Amer- I also rise today to discuss the Cli- nomic slowdown we are seeing today ican economy. It would be an injection mate Security Act that is before the and making us less competitive, and it of Washington into that economy of Senate. First, I thank all of our col- is reducing and threatening the health unprecedented proportions. leagues who have been responsible for of our economy. The goal of this legislation is to re- bringing this bill to the floor because Now, when you talk to people in my duce CO2 emissions in our country, we need to debate this issue. It is a State, and I think any State that you they say, by 71 percent by 2050. That critical issue that is important to all would consider, and you tell them: means to reduce the amount of carbon Americans, not only this generation Well, we are going to be talking about fuels we use by 71 percent by 2050. But but future generations. I have two energy matters next week, and we have the population is increasing in our grandchildren, and I want to make sure a cap-and-trade bill that is on the Sen- country during this time significantly, we leave our grandchildren an America ate floor, our good and decent and by every poll that I think is accurate, better than we inherited it. So it is a trustworthy citizens, the ones who still and when you calculate that, it means critically important debate. have a modicum of confidence in Con- we are going to reduce carbon emis- The Climate Security Act will re- gress, you know what they think? You sions per American—per capita—by 90 quire the transformation of the U.S. know what they think? They think we percent. It means virtually the elimi- economy to reduce greenhouse gas are going to set about in Congress to nation of coal, natural gas, and gaso- emissions in an attempt to lower the do something about surging energy line and oil—eliminate those from the average world temperature in 2050 and prices, to contain the increase in gaso- American economy. We do not have the beyond. I note, however, that in a line prices, to reduce our dependence science and the technology to get us study done by the University of Geor- on foreign oil and this incredible there as of now, yet this bill would put gia, released last year, it was deter- wealth transfer leaving our Nation’s us on a direct glidepath toward that di- mined that over the past 100 years the actual temperature in America had security at risk. They think we are rection. going to take steps to strengthen the So the fact that this is a tax, that it been reduced by 1 degree, not raised American economy. would drive up energy costs—indeed is any at all but actually reduced. It is estimated the Climate Security Why shouldn’t they? Isn’t that what a sneaky tax on the American people— Act will generate increased revenues of they pay us to do? But, oh, no, they is indisputable. Nobody disputes that. $6.7 trillion using allowances and auc- would be shocked to learn that the To borrow a phrase from former Vice tions. A large portion is given directly Democratic leadership, the leadership President Gore, the debate is over on to various Federal and State programs of that great Democratic party which that question. This bill will increase outside of the normal budget and ap- claims to represent middle-class Amer- the cost of energy, and high energy propriations process. However, this icans, is uninterested in these matters prices will reduce economic output, re- but is now attempting to pass legisla- amount of revenue must come from duce our purchasing power, lower the somewhere, and unfortunately, under tion that will raise taxes, substantially demand for goods and services, make this bill, it is going to come from you, raise energy costs, gasoline prices, by us less competitive in the world, and me, and from American individuals and 50 cents plus a gallon, will cause work- ultimately cost American jobs. That is families who will pay higher costs for er layoffs, and will hurt our economy a fact. Supporters will argue that it the energy we use to live. and leave us less competitive in the creates a fund to alleviate high energy Economic models have overwhelm- world marketplace. That is what this costs for low-income Americans by re- ingly shown this bill will affect con- bill will do. It is the opposite of what allocating some of the trillions of dol- sumers directly through higher gaso- the American people, our dutiful citi- lars to people, according to the polit- line and electricity prices, resulting in zens who send us here, would expect us ical whims of, I guess, this Congress, to lower household incomes and millions to be doing at this time. decide who will win and who will get of jobs being lost in America. More- On Monday, my good friend, Senator money back and who won’t get money over, the national economy will be REID, the Democratic leader—and I do back. The current increase in gasoline harmed as gross domestic product is admire him, and he has a tough job, prices alone amounts to about 50 cents expected to drop considerably over the there is no doubt about it. I know he a gallon, as I indicated, under this leg- next 40 years, should this bill be en- can’t make everybody happy—seemed islation. And, amazingly, it does noth- acted. hurt Monday that the Republican ing, zero, to produce any more clean We also know this bill will constrain Leader MITCH MCCONNELL said bringing American energy and to lower the price the supply and significantly raise the this bill up demonstrated he was out of of gasoline to produce our energy here cost of transportation fuel. Like many touch. Well, I say that is maybe too at home. I worry about that. of my colleagues, I spent the Memorial nice a term. Maybe ‘‘clueless’’ would In the years to come, we are going to Day recess traveling around my home have been a legitimate term. Senator be using a lot of oil and gas and coal. State. The average price of a gallon of REID is such a wonderful guy. He comes We could use clean coal to create liquid diesel was $4.77 per gallon, and regular from Searchlight, NV. I suggest he go fuels that we could burn in our auto- gasoline averaged $3.98 per gallon. back to Searchlight and talk to real mobiles. All of that absolutely can be These are the highest prices ever re- people. What are they going to say, done to reduce our dependence on for- corded in my home State of Georgia, that they want us to raise prices of eign oil. Let me tell you, there is a big and this is my constituents’ No. 1 gasoline? Give me a break. They are difference economically, if you take a issue. not going to tell him that in Search- moment to think about it, in sending So it troubles me, as we are seeing light, just as they didn’t tell me in Ala- $500 billion to Venezuela and Saudi almost $4 per gallon gasoline in my bama to come here and pass higher Arabia and UAE to buy oil with than if home State, that some in this body taxes on gasoline, to create bureauc- we spent that money at home creating want to enact legislation that would racies the likes of which we have never American jobs for American workers. further increase the price of a gallon of seen, to create high energy prices, to I tell my colleagues that this is a bill gas. I hear from hundreds of Georgians drive up the price of energy by this that is unjustified and unwise. It is every day who are struggling to fill complex, sneaky cap-and-trade tax sys- change, but change in the wrong direc- their tanks to get to work or to take tem that the Wall Street Journal calls tion, and I urge its defeat. their kids to school or to run their nec- the greatest wealth transfer since the I yield the floor. essary errands.

VerDate Aug 31 2005 00:08 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.003 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S4999 I will be honest, I don’t know how the has already lost 19 percent of its manu- doubt about it, a vote for cloture on average American, the average Geor- facturing jobs since 2000. This legisla- this bill is a vote to increase gas prices gian in particular, is coping with this tion will only help push those jobs out- by a minimum of 53 cents per gallon. issue—with the rapid increase in the side of our borders. I yield the floor. price of a gallon of gas. The cost to American families will be The PRESIDING OFFICER. The Sen- EPA models show that the gasoline too much for many to bear. An EPA ator from Delaware. prices will rise by a minimum of 53 study estimates that the cost per Mr. CARPER. Mr. President, I ask cents per gallon if this bill were imple- household in Georgia will be as much unanimous consent the remainder of mented. Why would we do that to the as $608 in 2020, and nearly $4,400 per time for our business for the next 27 American people, who are already hurt- year in 2050. The median household in- minutes be allotted to me. The PRESIDING OFFICER. Without ing at the pump? come in Georgia is $64,000. CRA Inter- Regrettably, the legislation before objection, it is so ordered. national states that the average in- Mr. CARPER. Mr. President, I want this body would do nothing to increase creased cost to families is $1,740 per to take a moment on the heels of the our domestic supply of oil and help al- family in 2020. comments of my friend and colleague leviate the lack of supply of gas that is Workers keeping their jobs would be from Georgia to look at some of the driving the prices up. subject to much lower wages, due to in- hard and fast numbers. We can conjec- Instead, this bill will only keep creased competition and increased ture here all we want about what is prices rising. The Energy Information costs. Even with lower incomes, fami- going to happen to the price of gasoline Agency study predicts that gasoline lies would be expected to pay more to going forward. He suggested it is going prices will increase anywhere from 41 heat their homes and fill up their cars. up by 100 percent or 150 percent—who cents per gallon to $1 per gallon by 2030 The Environmental Protection Agency knows? Here is what happened. This we due to this legislation. Some estimates has stated that electricity prices will do know. We do know the price of gaso- have gasoline prices rising by as much increase an additional 44 percent by line starting back here in 2001 was at as 145 percent in my home State of 2030. In Georgia, the estimated cost about $1.50 a gallon and has risen today Georgia. This is unacceptable to the will be 135 percent higher if this legis- to almost $4 a gallon. We do know that. people of my State and unacceptable to lation is enacted. We can conjecture until the cows come the people of this country. This will be devastating to families home about what might happen in the Nobody disputes the fact that the across the country. future, but we do know what happened United States is dependent on foreign According to Housing and Urban De- in the past under the watch of the cur- sources of oil. We currently import 60 velopment, poor families spend almost rent administration. It is not pretty. If percent of our oil—actually a little five times as much of their monthly we want to make sure this trend con- greater than 60 percent—and nobody budget in meeting their energy needs— tinues, we will not come up with ways disputes that this problem has been in 19 percent—as wealthier Americans, to reduce our consumption of oil; we the making for decades. Over the past who spend approximately 4 percent. will not produce more energy-efficient 30 years, the United States has reduced Increases in energy prices due to car- cars, trucks, and vans; we will not re- our domestic exploration options and bon limits would hit the poor five duce the amount of miles we travel in left our refining capacity stagnant. times harder, which certainly will be our communities and our States; we The rising cost of fuel requires a unsustainable. This bill, by some esti- will not find a whole host of ways to multi-pronged strategy to respond. mates, will hit the average Georgia conserve energy; we will not come up That is why we must take common- household in an amount equal to $7,231. with ways to conserve energy through sense action and increase our domestic The effects this legislation will have renewables. If we don’t do any of those supply of oil by exploring where we on consumers is outrageous: higher things, this kind of thing will continue. know there are resources available and gasoline prices, higher electricity Our challenge here today and the way encouraging the development of alter- prices, lower household incomes, and to make sure this doesn’t continue is native fuels, such as cellulosic ethanol, job losses. to pursue legislation along the tracks to decrease our reliance on foreign oil. In closing, let me touch on some spe- of that which is before us today and We must find both short-term and cific aspects of the bill. While the bill this week. long-term solutions to provide energy includes a market-based cap-and-trade I begin today by commending the security for our Nation and give relief system—— work of Senator BOXER, Senator to Americans. The PRESIDING OFFICER (Mr. NEL- LIEBERMAN, Senator WARNER, and oth- This bill will attack citizens at the SON of Nebraska). The Senator has 1 ers in developing this global warming pump and increase their electricity minute remaining. legislation. Let me say to my col- costs, thus exacerbating job losses to Mr. CHAMBLISS. I believe this bill leagues, your initial bill was a good overseas markets. could be more fair and equitable. We start. I believe the version that has Higher energy costs to businesses and also should work to make it more pre- been brought before the Senate this the necessity to invest in expensive low dictable for businesses and understand- week represents a significant improve- carbon technologies will force compa- able to taxpayers and consumers. One ment over that original proposal. The nies to raise the prices of their prod- of the greatest challenges to any cli- leadership of this troika—it is actually ucts, opening the market up to low- mate bill will be to ensure that it does tripartisan leadership—a Democrat, a cost international competition, or not stymie economic growth and pro- Republican, and an Independent—your move businesses to China or Mexico, tects American jobs. We need to con- leadership gives me hope we will pass where environmental regulations are tinue to seek the best way to generate landmark legislation on this front, not lacking. Millions more jobs will be lost the greatest benefits for the lowest this week, not this month, probably in America as a result. One study esti- cost. We cannot burden our children not this year, but in the not too dis- mates that between 1.1 and 1.8 million and our grandchildren with increased tant future when hopefully we have a jobs will be lost by 2020 as U.S. compa- energy costs. new administration, regardless of who nies close or move overseas. Another A climate bill must be flexible to ad- is President, who is more amenable, study shows that up to 4 million jobs just to changing science, economic more supportive, more understanding will be lost by 2030 inside the United conditions, and the actions of other of addressing global warming. I plan to States if this legislation becomes law. countries. The Climate Security Act do all I can in the meantime to make It has been estimated that in Georgia attempts to encourage other countries sure we do not lose that opportunity. alone we may lose as many as 155,400 to reduce emissions, but does not ap- As a lot of my colleagues may know, jobs, should this legislation be enacted. pear to be flexible enough to ensure addressing global warming has been an Manufacturing jobs will be one of the Americans are not disadvantaged be- important issue for me since my early hardest hit sectors as the Energy Infor- cause of the inaction of other nations. days in the Senate. I think the facts mation Administration projects that The details of the Climate Security are indisputable today. Our planet is manufacturing output will decline by Act will greatly affect every American growing warmer. We human beings are up to 9.5 percent in 2030. This country and are extremely important. Have no a major contributor to that.

VerDate Aug 31 2005 07:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.004 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5000 CONGRESSIONAL RECORD — SENATE June 4, 2008 My passion on this issue began about country—NASCAR race. In 50 years line. In the mid-1990s, as part of a cli- a dozen or so years ago when I first from now, if we are not careful, this mate change initiative, DuPont began met two doctors, Dr. Lonnie Thompson will not be Dover, it will be Dover aggressively maximizing energy effi- and Dr. Ellen Mosley-Thompson, as Beach. We won’t be having NASCAR ciency. That initiative has allowed Du- they received something called the races at Dover Beach. We may be hav- Pont to hold its energy use flat while Commonwealth Award for Science in ing sailing regattas, we may have mo- increasing production. As a result, Du- Wilmington, DE for their pioneering torboat races, but we will not be hav- Pont reduced its greenhouse gas emis- work on global warming. The Thomp- ing stock car races unless we do some- sions by more than 70 percent. By sons are natives of West Virginia, as thing about it, so this is imperative for doing so, the company actually saved am I, and they are both professors at a lot of reasons, including some that $3 billion—billion, with a ‘‘b.’’ But a Ohio State University, where I received are close to my heart. patchwork of State initiatives com- my undergraduate degree, and both are Since our last Senate debate on this bined with good corporate stewardship, world renowned for their research on issue we have seen the scientific com- however welcome, is not enough. We the effects global climate change is munity come together on this issue. must have a comprehensive national having on glaciers and ice fields The Intergovernmental Panel on Cli- approach, not only to give a signal to throughout the world. Measuring levels mate Change has undeniably affirmed corporate America that this is a pri- of carbon from ice core samples that go that the warming of our climate sys- ority, but to the world, the United back nearly 1 million years in time, tem is linked to us, human activity. States is prepared at long last to be a they focused on glaciers and ice caps We also know the United States is one leader on this front as well. atop mountains in Africa and South of the world’s two largest emitters of I have enough faith in American America. They have concluded that greenhouse gases, along with the Chi- technology, American ingenuity and many of them—that being the moun- nese. In fact, they may have overtaken know-how, to believe we can provide tains and glaciers, the ice caps on the us by now. We account, in this country, that leadership without endangering mountains and glaciers—will probably for almost 20 percent of the world’s our Nation’s economic growth. melt within the next 15 years or so be- greenhouse gas emissions and for al- In fact, if we are smart about it, we cause of global warming. They fear lit- most one-quarter of the world’s eco- will end up strengthening our Nation’s tle can be done to save them. It is up to nomic output. I believe our Nation has economy, we will end up creating hun- us in this body to prove the skeptics a responsibility to reduce our emis- dreds of thousands of new green jobs wrong, to show we can do something, sions of CO2. In short, we have a re- and we will end up creating products we can pull together and we can ad- sponsibility to lead. and technologies we can sell and export dress this threat to our planet. Unfortunately, we have not seen a around the world. Three years ago during our Senate whole lot of leadership coming from I would quote Thomas Edison on op- debate on this same issue, I stressed the White House or enough from the portunity. This is what Thomas Edison that the Arctic sea ice had shrunk by Congress on this front. At least not loved to say about opportunity: A lot 250 million acres over the past 30 years, yet. That has to change and that of people miss out on opportunity be- an area about the size of California, change is starting, I hope, this week. cause opportunity comes along wearing Maryland, Texas—and maybe Dela- Others, in the meantime, have begun overalls and is disguised and looks a ware—combined. filling the void. We have another chart lot like work. Today, I am sad to say, the Arctic here. This is a chart of our country. You know, some people look at glob- sea ice has shrunk by not 250 million There is a lot of green, light green, al warming, our dependence on foreign acres but 650 million acres, an area the dark green, and blue. The light green oil or emissions or bad stuff in the air, size of Alaska and Texas combined or areas are the areas where the States and they see a problem. I see an oppor- the size of 10 United Kingdoms com- are actually developing their own cli- tunity. It is an opportunity that brings bined. If we continue down this path on mate action plans. They have been with it economic advantages and the which we have started, the con- waiting for us. They have given up on possibility of creating jobs and prod- sequences for our planet and our coun- that. They started to take the bull by ucts that flow from that, including try and our people will be catastrophic. the horns. Light green is where States technology and jobs and products. It is up to us to ensure that America have something in progress in terms of Well, that is one of the big reasons I leads the world down a different path. developing their climate action plans. support the approach of the We must and we should. The dark greens are the States where Lieberman-Warner Climate Security The EPA estimates that unless glob- they completed action. The blues are Act, to provide a solid framework for al warming is controlled, sea levels where they have revisions in progress— creating a national, mandatory pro- will rise by as much as 2 feet over the about 38 States. They have been wait- gram to dramatically reduce green- next 50 years. I have heard even greater ing for us. They are tired of waiting for house gas over the next 40 years or so. amounts over the next 100 years. For us, and I don’t blame them. One of I am pleased to see Chairwoman island nations and coastlines, that those States is Delaware. We have a BOXER’s substitute makes several im- could mean entire cities and beaches plan in my State and a lot of other provements over the bill we passed in are wiped out. It is up to us in this States will soon have plans to reduce the committee last year. Specifically, I body to ensure that those beaches and their own carbon emissions. applaud the chairwoman’s efforts in those cities, those coastlines, are pre- The States are not the only ones fill- strengthening the recycling and cost- served. ing the void of Federal inaction. Fortu- containment sections of the bill. I have a chart here I want to share nately, our Nation’s businesses, a num- Let me take a minute here, if I can, with my friends. For those of you who ber of them, are doing the same thing. colleagues, to focus on the importance have not been to Delaware, this is Companies such as DuPont, a global of recycling and combating global Delaware: About 100 miles end to end, manufacturer headquartered in my warming. and from east to west, maybe 50 miles home State of Delaware, have taken A lot of times people say: What can I here. This is the outline of our coast. steps to reduce their own carbon emis- do as an individual to help on global This is Lewes. This is Cape Henlopen. sions. warming? As it turns out, everybody This is Rehoboth Beach, Dewey Beach, DuPont CEO Chet Holliday has said: can recycle. Everybody can do that. Bethany Beach, Fenwick Island, the As a company, DuPont believes that action Here are a couple of reasons why. Nation’s summer capital. This is where is warranted, not further debate. We also be- In 2006, the United States threw away the beach is today. Fifty years from lieve the best approach is for business to literally, in cans of trash, some 82 mil- now, if we don’t do anything about lead, not to wait for public outcry or govern- lion tons of material, with a recycling global warming, sea level rises will ment mandates. rate of about one-third—we recycled have been 2 feet and this will be the Contrary to concerns that combating about a third of that stuff. Let me back beach in Delaware. This is Dover, DE, global warming will hurt American up. Let me say that again. In 2006, the our State capital. This past Sunday we businesses, DuPont’s actions have had United States recycled about 80 million hosted 150,000 people from all over the major positive impacts on its bottom tons of materials. That is about one-

VerDate Aug 31 2005 00:08 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.006 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5001 third of all that we would otherwise My State of Delaware, along with the sequestration for coal-fired generation throw away, offsetting the release of States around us—Maryland, Virginia, of electricity. some 50 million tons of carbon. That is Pennsylvania, and New Jersey—we are However, I believe we are going to equivalent to the emissions we save by at the end of the Nation’s tailpipe. We use coal for a long time. We have to recycling some 39 million cars each continue to breathe dirty air. During figure out how to capture the other year, because we recycle. However, we the summer months, when ozone pollu- major pollutants as well, and the soon- only recycle about one-third of what tion is at its worse, more than 10,000 er the better. I believe the Boxer sub- we could. However, each year Ameri- Delawareans cannot work or carry out stitute can do better to support clean cans discard enough aluminum to re- daily activities. Nationally, some 27 and efficient power generation. I am build our entire domestic airline fleet million children age 13 and younger are concerned this legislation still provides every 3 months. being exposed to unhealthy levels of too many subsidies to dirty, less-effi- Put simply, increasing recycling cuts ozone. cient power generation at the expense greenhouse gas emissions. To encour- We have another chart here. Not only of new, clean technologies. age recycling, the bill compels States do we have problems with folks breath- Global warming legislation should to bolster recycling programs by re- ing bad air, which is harming their make wind and other renewable energy quiring that no less than 5 percent of lungs and their respiratory systems, products more economically viable. Af- carbon credit revenues allocated to for young children being carried in the fordable clean energy should be one of States must be used for improving re- mother’s womb, mothers ingest large our main goals. cycling infrastructure to help States amounts of fish that contain mercury. Unfortunately, this bill still con- and local communities recycle more. I This year some 630,000 infants will be tinues on the same old paradigm of re- wish to thank the chairwoman again born with high levels of mercury expo- warding the historical polluters by dis- for working with me on this important sure. As a result, they could have brain tributing pollution allowances on an issue. damage. A number of them will have ‘‘input’’ basis. This means allowances Let me talk about cost containment developmental delays, some will have to emit CO2 in this bill are allocated next. I am also pleased with the cost- mental retardation, and some of them based on historic emissions and the containment provisions Senator BOXER fuel being used rather than with re- included in the substitute, such as the will have blindness. Sulfur dioxide emissions, meanwhile, spect to the efficiency with which extra pool of allowances available in from powerplants will cause 24,000 power is generated. the early years to help contain high Output-based allocation is an impor- Americans to die this year—24,000 this prices and the allowances that are re- tant policy tool to ensure that existing year, 462 this week, 66 today, and 1 or turned to customers to keep energy powerplants—particularly coal-fired 2 during the time I am speaking here prices down. I believe these provisions plants—are made far more efficient and will die because of exposure to sulfur are moving us in the right direction to clean within a reasonable period of dioxide emissions from powerplants. I address any runaway costs that might time. That is why I am planning on of- do not know how many people are occur in a new market. fering an amendment to change the going to die from climate change, from Although this bill is a good start, I distribution of allowances in the fossil global warming, from CO emissions in believe we can make some significant 2 fuel-powered sector from an input allo- improvements in it, particularly in the this country in this year. I can tell you cation to an output allocation. area of pollution control, in the areas how many will die from sulfur diox- It seems to me, colleagues, here we of output allocations and transit, en- ide—24,000. Twenty-four thousand. are trying to figure out how to appor- That is almost as many people who live couraging people to get out of their tion those allowances to emit CO2. Why cars and take a bus, take a train to get in Dover, DE—24,000 people. Fossil fuel- not provide more allowances to those where they need to go. fired powerplants are the single largest utilities that create more electricity Let me start off by addressing the source of pollution that is causing by using less energy? That is what we four p’s. It stands for the four pollut- these health problems. should be doing. Unfortunately, what ants. I appreciate that this bill ac- If we do not act to tighten our emis- we do in this bill is we provide more al- sions of these pollutants, too many knowledges that dangerous air pollut- location to emit CO2 to powerplants ants, including sulfur dioxide, nitrogen communities will continue to live with that use more energy rather than less oxide, and mercury, are emitted by the the air that is unhealthy to breathe energy. We should really provide the power sector in this country. However, and mercury will continue to pollute allocation and distribution of allow- acknowledging a problem is not the our communities and bring harm to ances—to some extent, at least—to re- same as solving that problem. I believe pregnant women and to children. ward those that provide a lot of elec- that in addition to reducing green- I believe it is not only the right thing tricity without using a lot of energy. house gases, we must additionally pass to do but also the economic thing to In addition to providing allowances a comprehensive bill that also reduces do. Strict caps for all four pollutants, to efficient fossil fuel facilities, my these other three harmful pollutants. not just carbon dioxide, can help drive amendment—our amendment—would As some of my colleagues know be- technology toward a comprehensive also provide allowances for new en- cause I have driven you crazy over the mitigation rather than a piecemeal ap- trants generating electricity from last 5 or 6 years on this, visiting many proach. That is why I am introducing other renewable forms of energy. of your offices, 12 of my colleagues and an amendment, along with Senator I have a couple of thoughts on this I introduced the Clean Air Planning LAMAR ALEXANDER of Tennessee, that one. I and some of my colleagues are Act of 2007, or CAPA. We believe CAPA achieves similar reductions for sulfur strong supporters of safe—underline provides an aggressive, yet achievable, dioxide, nitrogen oxide, and mercury ‘‘safe’’—and secure—underline ‘‘se- schedule for powerplants to reduce that are in CAPA but are adjusted to cure’’—nuclear power and believe it emissions and alleviate some of our fit the Lieberman-Warner timetable. must be a prominent part of any global worst air-related health and environ- The bottom line is, as we develop an warming solution. mental problems, such as ozone, acid economywide solution to global warm- The resurgence of nuclear power in rain, mercury contamination, and, of ing, we cannot lose sight of the simul- the United States gives us a unique op- course, global warming. This multi- taneous need to enact stricter caps on portunity to rebuild a carbon-free en- pollutant approach fits perfectly with- mercury, nitrogen oxide, and sulfur di- ergy industry and create, in doing so, in the framework of this comprehen- oxide from powerplants. tens of thousands of highly skilled jobs sive global warming bill. I believe we Next, let me turn to something called for building the plants and operating would be foolish to address only one output allocations, the way we allocate them in the future. But to do this, we pollutant coming out of our Nation’s the credits to polluters that emit car- must provide support and incentives to smokestacks, however important it bon dioxide. I applaud this bill’s provi- the nuclear manufacturers to redevelop is—carbon dioxide—while others—sul- sions that provide important funding the workforce—especially facilities— fur dioxide, nitrogen oxide, and mer- for zero- and low-carbon technology as and capacity to participate and ulti- cury—threaten our health and our en- well as funding to encourage the com- mately lead the world in quality nu- vironment too. mercialization of carbon capture and clear manufacturing. That is why I

VerDate Aug 31 2005 07:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.007 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5002 CONGRESSIONAL RECORD — SENATE June 4, 2008 have joined Senator WARNER and Sen- rail capacity might be the most effec- For some people, this is a political ator LIEBERMAN in an amendment we tive way to reduce vehicle pollution. exercise. They will offer amendments will offer that provides a sense of the Ideally, I think we ought to leave it to to try to embarrass one side or the Senate that supports workforce train- the local communities to determine other, maybe embarrass the authors of ing for the nuclear industry. which strategy works best for them the legislation, to basically ensure we Next, transit. Finally, I wish to dis- and therefore allow all communities to don’t get anything done, to tie us in cuss a very important provision in the take steps to address this portion of knots and walk off and leave this legis- Boxer substitute that funds transpor- transportation pollution. Having said lation behind at the end of this week or tation alternatives. that, the provisions in this bill are a sometime next week. That would be I talked to you earlier about the im- good first attempt to address this prob- unfortunate. The American people portance of getting us out of our cars, lem. We ought to do those, but we can know we have a problem. The problem trucks, and vans and getting us to take do more and should do more. is, the planet is getting warmer. If we alternative forms of transportation As the only Member of the Senate don’t do something about it eventu- that use less energy and produce less who serves on all three transportation- ally, we will not be able to turn it pollution. The transportation sector is related committees, I look forward to around. It is important for us to get se- responsible for about 30 percent of our attempting to bring those three com- rious. The American people want us to Nation’s carbon dioxide emissions, al- mittees together and agree on a com- figure out how to work together. Our most one-third. That is why Congress prehensive approach to reducing car- next President, whoever she or he passed legislation that I coauthored bon emissions from the transportation might be, is going to provide us with with a number of my colleagues last sector before we address climate much stronger, more positive leader- year—Senator FEINSTEIN and others— change next year. ship on this front. It is incumbent on to increase auto fuel economy from an Mr. President, how much time do I all of us—Republicans, Democrats, and average of 25 miles per gallon to 35 have remaining? one Independent—to figure out how we miles a gallon by 2020. The bill before The PRESIDING OFFICER. The Sen- can work with that next President and us today also includes a low-carbon ator has 31⁄2 minutes remaining. with ourselves, with folks in the busi- fuel standard and funding for alter- Mr. CARPER. I thank the Chair. ness community, the environmental native fuels. In closing, I appreciate the signifi- community, to come up with a plan of Let’s look at this chart here on my cant progress that has been made al- action to reduce and eventually elimi- left. This line right here shows what ready to improve this legislation. I ap- nate the threat that global warming CO2 emissions are from our car, truck, plaud the efforts of my colleagues, Sen- poses to our planet but to do so in a and van fleet starting in 2005 by incor- ators BOXER, LIEBERMAN, and WARNER, way that seizes on what Tom Edison porating the new CAFE standards for for the work they and their staffs and said: Some people do actually miss out 35 miles per gallon by 2020. Here is our staffs have done. The authors of on opportunity because it comes along where we end up in CO2 emissions for the bill can be proud and their staffs wearing overalls and looks a lot like cars, trucks, and vans. Great progress. should be commended, our staff should work. This is one of those opportuni- Unfortunately, if we keep driving more be commended. ties. We should seize the day—as we and more every year, the great reduc- We have seen forward-looking compa- say in our State, carpe diem—not tions in CO2 which could be recognized nies such as DuPont show leadership squander the opportunity but make the here are going to end up with no reduc- and vision to develop a business plan most of it. tion at all unless we do something for operating in a carbon-constrained I yield the floor. about vehicle miles traveled and re- economy. We have seen States such as The PRESIDING OFFICER. The Sen- duce the amount of time we spend in California, Delaware, and a few others ator from Missouri. our cars, trucks, and vans rather than take action to reduce our carbon emis- Mr. BOND. Mr. President, good morn- continue to see that grow as we have sions. ing. Let’s be clear as we begin this dis- over the last decades. What we have not seen yet is leader- cussion. I, along with a vast majority Living in sprawling areas without ship from our Federal Government. of my colleagues, support cutting car- transit literally can double a family’s While we continue to do nothing, or bon emissions. We want to cut down on greenhouse gas emissions. The negative too little, our international competi- any kind of air pollution we have. We consequences go beyond impacting our tors are already developing new tech- have done a great job over the years in environment. With gas prices ap- nologies and preparing for the future. improving our air, and we need to do proaching $4 a gallon, longer commutes President John Kennedy once said: more. But we must cut carbon without and increased distances required for er- There are risks and costs to a program of raising prices on gasoline, diesel, elec- rands costs money too. action. But they are far less than the long- tricity, all the things that drive our Public transportation has saved range risks and costs of comfortable inac- economy. When American families are Americans from an additional 286 mil- tion. suffering record pain at the pump, a lion hours of sitting in traffic. So we I recognize that despite the hard home mortgage crisis, and a soft econ- included a provision in this bill—Sen- work of our staffs, Members, and lead- omy, this is not the time to put the ator CARDIN was very active on this—to ers on this issue, there is a good chance Government in a position of raising en- use some of the auction proceeds to this conversation will need to continue ergy prices far higher than anything provide people with an alternative to next year. It will and it should. I be- we have ever seen. driving, additional alternatives to peo- lieve we must act on this issue next How much would Lieberman-Warner ple to driving. This provision in the bill year, if we ultimately are unable to raise energy prices? We can quote from would provide transit to more commu- find common ground this year. That is the sponsors of the legislation them- nities and would also expand transit why I am committed to joining Sen- selves. This is what the junior Senator where it already exists. That is good ators BOXER, LIEBERMAN, and WARNER from California has said Lieberman- for our environment, it is good for our in leading discussions today and Warner would raise: $6.735 trillion. It pocketbooks, and it is good for our throughout the year and bringing to- takes two charts to put up all the ze- peace of mind. gether all involved interests and par- roes that this would increase energy While this provision is important, we ties to forge a path forward toward a prices and, thus, tax American con- need to find a way to give communities solution that can pass the Congress sumers. As we can see, too big to fit on a greater say in how they can spend early in the next administration. As any one board. their transit dollars. Transit is needed Members of the Senate, we have a re- The bill’s sponsors claim they are across our Nation. However, many sponsibility to ensure that our country trying to hit energy companies with communities would benefit from im- provides leadership for the world in the cost of this program. Does anybody proved bike and pedestrian infrastruc- which we live on any number of fronts. doubt what will happen when we in- ture, be they sidewalks, crosswalks, The time has come for us to fulfill that crease taxes on producers? That has to traffic calming, bike lanes—you name responsibility with respect to global be passed on. It will be passed on to it. In rural areas, increasing freight warming. families, workers, farmers, truckers in

VerDate Aug 31 2005 00:08 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.008 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5003 the form of higher energy bills and Some Senators say that since gaso- lier, I visited the Ford assembly plant more pain at the pump. The bill’s spon- line prices have risen 82 cents since the in Kansas City, where they make the sors point to the customer relief they beginning of the year, it is OK that hybrid Escape SUV. Kansas City is a intend in the form of $800 billion over Lieberman-Warner will only raise national leader in hybrids and battery 40 years for tax relief and $900 billion prices another 53 cents to $1.40. Does technology. We have the Ford hybrid to utilities to help consumers. That anybody ever stop and think that we SUV plant. We have a GM plant assem- would still mean only $1.7 trillion was are going in the wrong direction? We bling hybrid sedans and SUVs, and we returned to an American public paying ought to be talking about what we can are an international leader in all kinds $6.7 trillion in higher energy costs. do to increase supply, to bring prices of battery technology, starting from That is a $5 trillion loss. That com- down, not figuring out how to come up the original lead batteries to lithium- plicated Soviet-style scheme would be with a cockamamie scheme that is ion batteries to lithium-ion polymer based on the wisdom of some small going to increase prices even more. I batteries. group of bureaucratic czars who would find the logic a little bit disturbing, if All these things will help. But Ford decide who gets the money. It seems you can call it that. The 82-cent rise in is only making about 20,000 of these they are writing Congress out of the re- gas prices over the last year has not cars a year. They don’t have enough sponsibility of handling the Treasury. been OK with the people in my State. A batteries to meet the needs. I wish to They want to go around and turn a further 53-cent increase by 2030 in gas expand on the use of advanced vehicle small group of wise men into the ones prices is not OK. A further $1.40-in- batteries for hybrids and plug-ins. I be- who decide who gets the allowances, crease in gas prices is not OK with the lieve we need to jump start it. who gets the relief, and where any re- people in Missouri. I can tell you that The PRESIDING OFFICER. The time lief will go. if we don’t change the path we are on of the Senator has expired. The problem with the $6.7 trillion in now, the increase in prices will be even Mr. BOND. I ask unanimous consent higher energy prices is gas prices are greater. for an additional 2 minutes. already at record levels. Gas prices The bill’s sponsors say the demand The PRESIDING OFFICER. If it topped $4 in many parts of the country for oil will go down under Lieberman- comes out of the Republican time. and are approaching that in the rest. Warner. Such a claim seems fantas- Mr. BOND. How much time remains Drivers are suffering at the pump. I tical, until you examine the source of on the Republican side? was back in Missouri and traveled all the study. It is a study by the Inter- The PRESIDING OFFICER. There is over the State, from one corner to the national Resources Group. That name 17 minutes. other, over the Memorial Day recess. I seems normal enough. But then look- Mr. BOND. I ask my colleague how heard firsthand from commuters, farm- ing at a copy of the study, it shows it much time he needs. ers, average citizens, businesses look- was guided by the close involvement of Mr. VITTER. I need about 8 minutes. ing at absolute catastrophe from these the Natural Resources Defense Council. Mr. BOND. I ask unanimous consent higher energy prices. They are all fed They are the ones who are behind it. for 2 additional minutes. up with higher gas prices. Regrettably, The NRDC study used by the other side The PRESIDING OFFICER. Without higher gas prices, higher diesel prices assumes we will get 50 or 60 percent of objection, it is so ordered. Mr. BOND. If we can get a domestic are the result of Congress’s action or our energy by 2050 from renewable manufacturing supply base for hybrid inaction in blocking for 30 years the sources such as wind and solar. I am all batteries to get the volume up and the production of new energy in the United for clean wind and solar power. But no- prices down, that would be good. Right States. body in their right mind will believe we now we are all depending upon a Japa- I visited truck stops in Joplin in will go to generating 50 percent of our nese battery manufacturer. We need to southwestern Missouri and Palmyra in power from wind and solar. That isn’t have those batteries manufactured in the northeast part of the State. I heard going to happen. You talk to the ex- from truckers about the record diesel perts. I have listened to experts, ex- the United States and not be dependent prices. Things are getting so bad that perts who are very knowledgeable solely on an external source. That is a many are laying off drivers. Some are about biofuels and others. They say twofer. We could expend the use of even going out of business. This is a biofuels can help. Wind and solar can clean cars, burning gasoline only occa- real problem for our country. When help at the margin. But we are still sionally, expand the number of blue- truckers suffer, we all suffer. If they go going to depend upon fossil fuel for collar manufacturing jobs—good for out of business, we will not have trucks most of our energy costs, particularly the environment and good for workers. to deliver the goods. Transportation our transportation costs. But I do not think we can rely on the costs make up a significant part of the On oil demand, the NRDC study idea that we will achieve 100 percent cost of almost every consumer item. makes more outlandish assumptions. hybrid and plug-in use during this bill. When diesel prices go up, prices go up, They predict the fleet efficiency for The NRDC study also assumes massive and families will pay. In many areas, cars and light trucks will go up to 52 new production from carbon captured we may not have the trucking infra- miles per gallon. Congress just finished from powerplants and used for en- structure to deliver the goods we need. raising CAFE standards to 35 miles per hanced oil recovery. I support this too. How much will Lieberman-Warner in- gallon. Now the NRDC says: No prob- But to think we can cut oil imports by crease our pain at the pump? The Envi- lem, we will move it up to 52 miles per 58 percent because we are expanding ronmental Protection Agency esti- gallon. That would mean we would domestic production from burned-out mates Lieberman-Warner will increase have a fleet of golf carts hauling our wells through enhanced oil recovery is gas prices by 53 cents per gallon by 2030 produce. I wonder how many golf carts beyond the possible. and by $1.40 per gallon by 2050. Sup- it would take a farmer to deliver the So if we set studies aside by environ- porters of this bill tell us this is no big hay to cattle in the field, how many mental groups supporting the bill and deal; it only represents 2 cents a year. golf carts to pull a wagon full of corn, manufacturing groups such as NAM op- A good statistician can try and make how many golf carts to take a large posing the bill, that leads us to the any number look not quite so bad. I family to school. A fleet of golf carts is mainstream Government agencies such can’t speak for folks in other States, a wonderful thing. as EPA. They say gasoline prices will but I can tell you the folks back home The NRDC says we will get 52 miles rise 53 cents per gallon by 2030, $1.40 by have a minimum amount of high en- per gallon by moving the vehicle fleet 2050. If you add a $1.40-per-gallon thusiasm for Congress taking more ac- to hybrid and plug-in vehicles. That is Lieberman carbon surcharge to the tion to raise prices. another startling assumption, 100 per- current price of $4-a-gallon gasoline, Mr. President, $1.40 is $1.40. That in- cent hybrids and plug-ins. Don’t get me you get gas prices at $5.50 a gallon. crease in the price of gasoline is totally wrong. I am a big fan of the potential I can tell folks back home right now unacceptable, particularly when it of hybrid cars using advanced vehicle there is no way I can accept the comes with increases in prices in all battery technology. These are things Lieberman-Warner offer of $5.50-a-gal- other forms of energy. Yet that is the we ought to be working for. lon gasoline. When I tell my Missouri path the supporters of this legislation Over the recess, as part of my six- constituents we are on the floor debat- want us to trod. city tour of Missouri I mentioned ear- ing a bill, when we have $4-a-gallon

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We do not need to in- tion estimates that this bill will cause chemical plants under worldwide con- crease energy prices on the American gasoline prices to increase—in addition struction, only one is being con- public. to everything that is going on now—be- structed in the United States. The PRESIDING OFFICER. The Sen- tween 41 cents a gallon to $1.01 a gallon So like the price of gasoline, like the ator’s time is expired. by 2030. Now, again, we are facing dra- price of electricity, on the jobs front Mr. BOND. I thank the Chair. matically rising prices at the pump we have a very dire, challenging situa- The PRESIDING OFFICER. The Sen- now, and there seems to be no end in tion already, and this bill would make ator from Louisiana. sight, in large part because we in Con- it far worse. Mr. VITTER. Mr. President, I have gress have not acted in a bold manner The real kicker to all of this is that been allotted 8 minutes, and I ask the to increase supply and do other things after all of that damage to Americans, Chair to notify me when 6 minutes of to help ourselves at home. Yet this bill to their lifestyles, to our economy, that 8 have expired. would move us even further in the what would this bill do in terms of cli- The PRESIDING OFFICER. The wrong direction: between 41 cents and mate change? Chair will so notify the Senator. $1.01 more per gallon by 2030. I am very concerned it would do lit- Mr. VITTER. Thank you, Mr. Presi- According to the EIA, the average tle or nothing because, of course, it dent. American uses 500 gallons of gasoline mandates no action on the part of Mr. President, like my colleague every year. The average vehicle is driv- other major powers and energy con- from Missouri, last week I traveled all en more than 12,000 miles per year. So sumers around the world, specifically around my home State. I had about even now, at $4 a gallon, a 12-gallon gas China and India. Think about it. As we nine townhall meetings and many tank costs over $50 to fill, and we are push these jobs overseas, out of our other meetings of all kinds in every going to increase that significantly? country, where are those jobs going? part of the State. That is moving in the wrong direction. They are going to countries such as In these townhall meetings, gas What about electricity and other im- China and India that would not be tak- prices—the price at the pump—was not portant sources of energy? According ing similar action, that would be con- the first question that always came up. to the Environmental Protection Agen- tinuing to build coal-fired powerplants It was the first eight questions that al- cy, this bill will increase those prices— and use outdated technology, that ways came up. In fact, of all of the dis- electricity prices—by 44 percent by would contribute to the climate change cussion I had in all of these townhall 2030. Again, our consumers are strug- problem. So much higher gasoline meetings put together, about two- gling under energy prices right now, in- prices, much higher electricity and thirds of that entire discussion—that cluding electricity. other energy prices, significant job entire time—was about rising gasoline Winters are a tough time for folks in loss—and what impact on the problem prices and energy prices. It is obviously the Northeast. In my part of the world, are we trying to address? In my opin- affecting folks all across the country, summer is the time of peak electricity ion, little or none. certainly including in my home State load, and that is a real price burden Mr. President, I hope all of our col- of Louisiana. right now. Yet we are considering a bill leagues on both sides of the aisle hear In early 2006, when this new Demo- that is going to increase that, an al- from the American people, hear from cratic Congress was sworn into office ready challenging and dire situation, them about the challenges they face and came into power, the average price by 44 percent? right now as they fill up their auto- at the pump was $2.33 a gallon. The new Then, what about the jobs picture. mobiles, as they try to take summer leadership vowed they would do some- We debate in this body all the time vacations, as they struggle with other thing about those sky-high prices. how we can keep and expand and grow energy prices, as they hope to keep Well, apparently they did because now manufacturing jobs in this country, their jobs right here in America. the average price at the pump is $3.98 a how we can get away from the trend of The PRESIDING OFFICER. The Sen- gallon—a staggering increase in a rel- exporting those jobs overseas. Yet this ator has used 8 minutes. atively short amount of time. bill will only make that problem worse Mr. VITTER. If our colleagues hear So in this context, when Americans as well. that message, I am confident they will all over our country, certainly includ- The higher energy prices caused by vote down this dangerous bill. ing Louisiana, are suffering from these the bill will force U.S. manufacturers Thank you, Mr. President. I yield sky-high prices that continue to rise— to compete unfavorably with lower back my time. as they go into the summer driving cost countries overseas. Realistically, The PRESIDING OFFICER. The Sen- season, many hoping to take family va- companies will move their manufac- ator from New Mexico. cations, realizing they cannot this turing base out of the United States to Mr. DOMENICI. Mr. President, par- summer because of these costs—I think an even greater extent, and many liamentary inquiry: Does the Senator a very reasonable question to ask is, American jobs will leave with them. from New Mexico have time under the What is this Lieberman-Warner cli- This country has already lost 3 mil- regular order? mate change bill going to do to an al- lion manufacturing jobs since 2000. We The PRESIDING OFFICER. There is ready dire situation with regard to en- cannot afford to lose more. But what 5 minutes remaining under morning ergy prices? does the rigorous analysis of this bill’s business. Unfortunately, I have concluded it is impact show? Well, the National Asso- Mr. DOMENICI. Mr. President, on going to make that already dire situa- ciation of Manufacturers says up to 1.8 Monday, I came to the Senate floor and tion much worse. It is going to add on million jobs additionally—in addition discussed the rising price of gasoline to gasoline prices, as my colleague to all of those figures I have already and the additional increases that will from Missouri has stated. It is going to quoted—could be lost by 2020 and 4 mil- result from the Boxer bill. These are add on to electricity and other energy lion jobs additionally could be lost by not talking points. They are facts from prices significantly. 2030. several economic studies done by the On the job site, it is going to also en- The PRESIDING OFFICER (Mr. EIA, the EPA, and many other groups. courage and exacerbate a very worri- CASEY). The Senator has 2 more min- Later today I will speak on the ac- some trend of exporting jobs to other utes. complishments we have already had in countries. After all of that, it will do Mr. VITTER. Thank you, Mr. Presi- working together to advance policies little or nothing with regard to the dent. that will strengthen our energy secu- fundamental climate change challenge Switching from coal plants to nat- rity and reduce our greenhouse gas because it mandates nothing on the ural gas will drive job loss, particularly emissions. We have not been asleep. We

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It is opposition to the Kyoto Protocol if believe global climate change is a great equivalent to $15,000 for every Amer- brought to the Senate for ratification. challenge that our Nation should ad- ican. A careful review of these studies Our economy expanded by 5 percent in dress. I joined Senator BINGAMAN in ex- should shake everyone inside of this the quarter before that vote. In the pressing that sentiment in a bipartisan Chamber. midst of robust growth, the Senate Senate resolution 3 years ago. That We must realize that cap and trade is overwhelmingly rejected the idea of a does not mean anybody has produced a neither our best option nor the only treaty that did not include developing bill or legislation that matched up, in option for reducing greenhouse gas nations or ‘‘could result in serious my opinion, with the concerns. The emissions. In fact, the Congressional harm to the United States economy.’’ way we are doing it in this bill is one Budget Office Director recently testi- With many factors now limiting our way. It has never worked any place it fied that a rigid cap-and-trade program economy, and with China’s emissions has been tried. I do not know why it is up to five times less efficient than a today much greater than in 1997, our should be expected to work in America. carbon tax. resolve should be stronger. High energy I have great respect for the Senators The experience of the European prices, a housing crisis, and a credit who have drafted cap-and-trade legisla- Union, which instituted an emissions crunch limited our growth to 0.9 per- tion, but I remain deeply concerned trading scheme in 2005, should be high- cent last quarter. Clearly, we have about the steep costs and dire con- ly instructive in this debate. plenty of challenges to overcome. Our sequences this bill will have on our Na- The EU’s emissions have continued dependence on foreign energy is great, tion’s economy. I am troubled it will to rise under cap and trade, by about 1 our trade deficit is high, our national have very little, if any, environmental percent per year. While the EU’s sys- debt continues to rise, and our dollar is benefit. tem has failed to reduce emissions, it is weak. To those who are continuing to say having an adverse economic impact As we debate this Boxer bill, we this is an absolute environmental ne- with energy prices rising and other car- should ask ourselves two questions: cessity, I hope they will try to gather bon intensive businesses fleeing to the What will it achieve, and at what cost? from the experts who have looked at it developing world. I believe the answer to the first ques- just how much environmental benefit Europe’s difficulties are not the only tion is very little—even by 2050, this we will get from this bill. example of the shortcomings of cap and bill will not provide meaningful global The EPA, the Environmental Protec- trade. Last December, it caught my at- environmental benefit. The answer to tion Agency, has concluded this bill tention when, during an interview on the second question, however, is too would reduce global greenhouse gas by the Charlie Rose Show, former Presi- much—this bill will disrupt our econ- just over 1 percent by 2050. According dent Clinton lamented the fate of the omy, add to consumers’ pain at the to the IPCC’s own benchmark, such a Kyoto Protocol, saying: 170 countries pump, and weaken our Nation’s ability reduction would reduce average tem- signed that treaty and only 6—6 of to compete in the global marketplace. peratures by one-tenth of 1 degree Cel- 170—reduced their greenhouse gases to Mr. President, I yield the floor. sius in 2050. These rates of reduction the 1990 level, and only 6 will do so by f are far below the levels needed to miti- 2012 at the deadline. CONCLUSION OF MORNING gate the most serious effects of global Our best projections, combined with BUSINESS the precedent of failing cap and trade climate change. The PRESIDING OFFICER. Morning regimes already in place, show that Now, again, Mr. President, fellow business is closed. Senators, I am not here just giving a America should take a different path. speech. I am trying to give you facts. If We have been told that this bill is a f facts are the things that come from market-based approach, but then we CONGRESSIONAL BUDGET FOR studies by experts, we have facts on read a section that says, ‘‘an emission THE UNITED STATES GOVERN- this bill. I repeat, the rates of reduc- allowance shall not be a property MENT FOR FISCAL YEAR 2009— tion are far below the levels needed to right’’ and, ‘‘nothing in this Act or any CONFERENCE REPORT mitigate the most serious effects of other provision of law shall limit the The PRESIDING OFFICER. Under global climate change. authority of the Administrator to ter- the previous order, there will now be a I am troubled by the various studies minate or limit an emission allow- period of 15 minutes of debate equally on this bill. Everyone has concluded it ance.’’ divided with respect to the conference will increase energy prices and de- Let me explain. These are allowances report to accompany S. Con. Res. 70. crease economic growth. Especially in that are being paid for, in most cases, Who yields time? a time of record energy prices and eco- and the CBO treats them as revenues The Senator from North Dakota is nomic slowdown, our Nation simply and outlays. And, the proponents of the recognized. cannot afford this bill. That is not just bill expect these allowances to be trad- Mr. CONRAD. Mr. President, as we speculation or clamor. It is a true prob- ed like stock and other securities. begin the debate, first I thank my col- ability that we cannot afford it. However, the bill fails to even provide league, the ranking member of the While these studies confirm that the a property right for allowances and Budget Committee, Senator GREGG, for bill will have a negative impact on our permits the EPA Administrator to his continuing graciousness and his economy, they also reveal significant take allowances or limit them at any professionalism as we have sought to uncertainty as to what that impact time, and in any way. This is the very find a way to conclude our work on the will be. According to CRA Inter- opposite of a market-based approach, budget for this year. I also thank his national, the only group that included and I will have an amendment in the staff. We appreciate very much the re- the low carbon fuel standard in its coming days to remedy this problem. lationship we have and the very con- study, motor fuel prices could increase Furthermore, this bill allows structive dialog between us as we have by more than 140 percent by 2015. The nonemitters to hold possession and searched to find a way to bring this de- EIA projects that the bill could reduce trade these allowances. Presumably bate to a close. industrial activity by up to 7.4 percent they will enter into contracts, deriva- With that, I wish to describe the con- by 2030. The Heritage Foundation esti- tives, swaps, and other complicated ar- ference agreement in general terms. mates that 600,000 jobs could be lost by rangements that may undermine the This agreement, we believe, will 2026. oversight, transparency, and integrity strengthen the economy and create Another cause for concern on the of the market. This is precisely one of jobs. It will do that by investing in en- economic side is the estimate of the the factors that led us to today’s mort- ergy, in education, in infrastructure. It

VerDate Aug 31 2005 00:08 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.012 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5006 CONGRESSIONAL RECORD — SENATE June 4, 2008 will expand health coverage for our President proposed $3.04 trillion, a dif- in a hospital in Virginia. My Repub- kids. It will provide tax cuts for the ference of 1 percent. Where did the dif- lican colleagues stepped forward. Sen- middle class. It will restore fiscal re- ference go? Well, it went in those areas ator WARNER said: I will pair with Sen- sponsibility by balancing the books by I have discussed: energy, education, ator KENNEDY. That is something we 2012 and maintaining balance in 2013. It and infrastructure, all of them critical used to do a lot. We don’t do it as much also seeks to make America safer by needs. as we used to. But I will pair, said Sen- supporting our troops, by providing for On the revenue side, the President ator WARNER, with Senator KENNEDY. our veterans’ health care, and by pro- proposed $15.2 trillion of revenue over That way he is recorded as if Senator tecting the homeland and rejecting the the 5 years of this budget. We have KENNEDY were here, he would vote op- President’s proposals for deep cuts in $15.6 trillion of revenue—a modest dif- posite of Senator WARNER and there- law enforcement, the COPS program, ference, a 2.9 percent difference in rev- fore it cancels out the votes. and for our first responders. enue. We believe that can be accommo- I called Pete Domenici at home last The tax relief in this budget is sig- dated without any tax increase. There night and said: Pete, as you know, Sen- nificant. This conference agreement is no assumption of a tax increase in ator BYRD is sick. Would you pair with extends the middle-class tax relief, pro- this budget. In fact, as I have identi- him? He didn’t hesitate a half a second. vides for marriage penalty relief, the fied, there are substantial middle-class He said: Of course I will. extension of the child tax credit, the tax cuts in this budget. In addition, we Now, I want everyone to understand 10-percent bracket. It also provides for believe this modest increase in revenue how much I personally, as do we all, alternative minimum tax relief so over what the President has proposed appreciate these men stepping forward more than 20 million people in this can be provided by aggressively going and doing this in a time of need. It country don’t get caught up with addi- after the tax gap—the difference be- would be easy for them to say wait tional tax obligations. It provides es- tween what is owed and what is paid— until we get everybody here and we tate tax reform, it allows energy and by going after the offshore tax havens, will have a vote. But in addition to that, JUDD GREGG education tax cuts as incentives to re- as well as closing down abusive tax last night said: I would be happy to duce our dependence on foreign oil, and shelters. We believe that difference can pair with someone if that is necessary. it provides assistance for families who be easily accommodated in those ways. This is above and beyond the call of are struggling to pay college costs. It Now, I predict that my colleague, for duty. Senator CONRAD has spoken also provides for significant property whom I have great respect and real af- many times about his affection for tax relief and, of course, for the impor- fection, will stand up here momen- JUDD GREGG. They have worked so tant extenders package. tarily and he will tell all of us this is closely together for so long. I also feel The record under this administration the biggest tax increase in the history has been a record of debt and deficits he is one of America’s very good Sen- of the United States. He may even say ators. Very few people are as well pre- as far as the eye can see. This chart that is the biggest tax increase—— pared as he is to come to the Senate. shows very clearly what has happened Mr. GREGG. Will the Senator yield? He has been a Member of the House of to the debt under this administration. Mr. CONRAD. Momentarily. Representatives, he has been Governor This President, at the end of his first Mr. GREGG. I was going to say: in of his State, and now a Senator. He and year, had a debt of $5.8 trillion. We the world. I don’t agree with a lot of the votes we don’t hold him responsible for the first Mr. CONRAD. We have agreement on do here, but as far as him being a good year because he inherited that budget. that. My friend is going to stand up legislator, he is truly a good legislator. But over the 8 years he is responsible here and say: ‘‘The biggest tax increase So Senator GREGG, Senator DOMEN- for, the debt has gone from $5.8 trillion in the history of the world.’’ ICI, and Senator WARNER I would ac- to $10.4 trillion—almost a doubling of I wish to recall his words from last knowledge are very outstanding not the debt in this country. This Presi- year. Last year he said about our budg- only Senators but human beings. dent’s fiscal failures are manifest. et: It includes, at a minimum, a $736 Mr. CONRAD. Mr. President, on a They are written across the pages of billion tax hike on American families point of personal privilege, I thank the the economic history of this country. and businesses over the next 5 years— leader for coming and making the This budget seeks to take the coun- the biggest in U.S. history. statement he has. People see this body try in a different direction. Under this Here is what happened. There was no and sometimes they see it at its worst. budget, we reduce the debt as a share tax increase. This, in many ways, is the Senate at of the gross domestic product each and The PRESIDING OFFICER. The Sen- its best: Senator DOMENICI agreeing to every year, from 69.3 percent of GDP to ator’s time has expired. withhold his vote to pair with Senator 65.6 percent by the end of the fifth Mr. CONRAD. Let me conclude on BYRD who could not be here because of year. The same is true of the deficit this thought. Here is the record. We illness; Senator WARNER, whom I asked picture under this budget. I am proud had tax cuts of $194 billion. That is the yesterday to pair and who readily to report that we balance the books by record. That is what happened. No tax agreed he will pair with Senator KEN- the fourth year of the budget. We increase; tax reductions. If anybody NEDY who could not be here. This is to maintain balance in the fifth year. wonders, go to your mailbox and look me an act of graciousness, it is While the President’s budget balances at the checks you have received from thoughtful, it is respectful, and it is ex- in the fourth year, it swings right out the United States Government. That actly what one would expect of Senator of balance once again in the fifth year. was passed by a Democratic Congress. DOMENICI and of Senator WARNER. We don’t believe that is a responsible I thank the Chair and yield the floor. I wish to say a special note about course. The PRESIDING OFFICER. The ma- Senator GREGG who told me yesterday Under this conference report, spend- jority leader is recognized. if we couldn’t find someone else to pair ing goes down as a share of gross do- Mr. REID. Mr. President, I ask unan- with Senator KENNEDY or Senator mestic product, from 20.8 percent of imous consent that my brief statement BYRD, he would be willing to do that. gross domestic product in 2009 to 19.1 not take away from the 15 minutes When I told my staff, I told them that percent of GDP in 2012 and 2013. that has been allotted to the two man- is class. I wish to say publicly what I We will hear a lot from the other side agers of this budget conference report. said to my staff privately, that Senator about spending in this budget and we The PRESIDING OFFICER. Without GREGG has demonstrated the highest will hear claims that this takes spend- objection, it is so ordered. example of what the Senate should be ing through the roof. Let’s compare the Mr. REID. Mr. President, I wish to about and I thank him for it. spending in this conference report with have the record spread with how we Mr. REID. Mr. President, I ask unan- what the President proposed. In this work together here, not as much as we imous consent that my statement and conference report, total spending is should, but we do it often. that of Senator CONRAD’s not take $3.07 trillion in 2009. The President has As everyone knows, Senator KEN- away from the time of Senator GREGG $3.04 trillion. That is a difference of 1 NEDY is ill. He has had brain surgery. because he needs all the time he can percent. Again, the conference report He is now in a hospital in North Caro- get to show that this is the biggest tax shows spending of $3.07 trillion, the lina. Senator BYRD has taken ill. He is increase in the history of the world.

VerDate Aug 31 2005 00:08 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.014 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5007 The PRESIDING OFFICER. The Sen- derstand $1 trillion, we can understand out that last year they claimed they ator from New Hampshire is recog- the fact that for families earning were going to give us a tax cut, and nized. $50,000, with two children, their taxes, they didn’t do it. They took credit for Mr. GREGG. Mr. President, let me under this proposal, over the next 5 the amendment that said they were thank the majority leader and the years will go up $2,300. For retired peo- going to give a tax cut, but it was chairman for their kind words. They ple—and there are 18 million of them— never passed. This year, they are tak- would have done the same thing were their taxes will go up over $2,000. For 47 ing credit for the same amendment, they in my position, if somebody on million small businesses in America and I suspect it would not pass again. our side were ill. I know they would today—the engines of the economy, of What will pass is the tax increase of have, because I know the type of people economic growth, the people who cre- $1.2 trillion in this bill on working they are, and I thank them for their ate the jobs in this economy—their Americans. That will come to fruition generous comments relative to my taxes will go up $4,000. That is a lot of because the majority assumes this willingness to help on that issue. money. That is money they should be budget event. This budget doesn’t work I especially want to acknowledge, as able to keep, and it should not come to without those new revenues. It is a they have, Senator WARNER and Sen- the Federal Government. That tax in- failure, in our opinion, and that is why ator DOMENICI. This is Senator DOMEN- crease should not go into place. we oppose it. ICI’s last vote on the budget, and Sen- This bill has taxes in it that presume I yield back the remainder of my ator DOMENICI and the budget are inex- that the capital gains tax will essen- time and ask for the yeas and nays. tricably identified together. He basi- tially double for many Americans. The The PRESIDING OFFICER. Is there a cally wrote the Budget Act along with dividends tax will definitely double. sufficient second? Senator BYRD, who regrettably can’t be Rates will jump dramatically. The 10- There is a sufficient second. here and whom he is pairing with, and percent rate will be repealed. The es- The question is on agreeing to the for 30-plus hours now, he has been over- tate tax will jump dramatically. conference report to accompany S. seeing the budget as the godfather of This bill essentially assumes a major Con. Res. 70. it. For him to pair on this matter on tax increase on working Americans and The yeas and nays are ordered and this last vote on the budget is a very on small business. In my opinion, that the clerk will call the roll. gracious act, as Senator CONRAD has is a huge mistake. The other huge mis- The legislative clerk called the roll. pointed out. take that this budget has in it is it Mr. DOMENICI. Mr. President, on I also thank Senator CONRAD and his makes no effort at all to control the this vote, I have a pair with the Sen- staff for their courtesy and their pro- accounts that are going to essentially ator from West Virginia, Mr. BYRD. If fessionalism. It is always afforded to us bankrupt our Nation for our children, he were present and voting, he would as Republicans by the majority staff which are the entitlement accounts. vote ‘‘yea’’. If I were permitted to vote, and we very much appreciate it. We ob- We know we are sending this Nation I would vote ‘‘nay’’. I, therefore, with- viously disagree fundamentally on over a fiscal cliff. We know that if we hold my vote. where this budget is going, but that don’t act, our children and grand- Mr. WARNER. Mr. President, on this doesn’t mean we can’t proceed in an or- children will not be able to afford this vote, I have a pair with the Senator derly manner. As I have said before, al- Government because of the cost and from Massachusetts, Mr. KENNEDY. If though I strongly disagree with this burdens of Medicare, Medicaid, and So- he were present and voting, he would budget, I feel equally strongly that this cial Security. vote ‘‘yea.’’ If I were permitted to vote, Nation needs a budget, even though in We know the baby boom generation I would vote ‘‘nay.’’ I, therefore, with- this instance it is something I will is alive and is going to be moving into hold my vote. point to as a mistake. But we could retirement. Yet this bill takes no ac- Mr. DURBIN. I announce that the have done a lot better. tion—no action at all—to try to rem- Senator from Delaware (Mr. BIDEN) and As a practical matter, I respect the edy this very serious fiscal problem, the Senator from New York (Mrs. CLIN- efforts put in by the majority and the which is going to occur on the watch of TON) are necessarily absent. majority staff, and especially the this bill. This is a 5-year budget. So I further announce that, if present chairman of the committee who this is a very serious failure of taking and voting, the Senator from Delaware worked tirelessly on this and defends it responsibility on a key issue of fiscal (Mr. BIDEN) would vote ‘‘yea.’’ very effectively. He has said I will say policy. Mr. KYL. The following Senator is this is the largest tax increase in the In addition, of course, we have strong necessarily absent: the Senator from history of the world. Let me confirm differences over the amount of spend- Arizona (Mr. MCCAIN). that, and let there be no mistake about ing in the bill. It crosses the trillion- The PRESIDING OFFICER. Are there it—there is the largest tax increase in dollar line. The Senator from North any other Senators in the Chamber de- the history of the world in this budget. Dakota named some of the important siring to vote? We are talking trillions here, which is things to spend money on. Yes, they The result was announced—yeas 48, hard to understand for anyone. It is a are important, but we need to set pri- nays 45, as follows: concept that is alien to all of us. But orities. Rather than simply increasing [Rollcall Vote No. 142 Leg.] this budget talks in the trillions. spending, we ought to look at programs This will be the first budget that now on the books, which are not as YEAS—48 pushes debt over $10 trillion. That is a high a priority as we need, and move Akaka Harkin Nelson (FL) Baucus Inouye Nelson (NE) lot of money. Two trillion dollars will the money from those programs into Bingaman Johnson Obama be added to the debt as a result of this the programs we want to spend more Boxer Kerry Pryor budget. This will be the first budget money on. This budget assumes that of Brown Klobuchar Reed that takes non-emergency discre- Cantwell Kohl Reid all the Federal programs on the Cardin Landrieu Rockefeller tionary spending over $1 trillion. I sug- books—$1 trillion of discretionary Carper Lautenberg Salazar gested we draw the line and say, at spending—none will be eliminated, not Casey Leahy Sanders least for 1 year, we will hold back and one. Collins Levin Schumer Conrad Lieberman Snowe not go over $1 trillion. That idea was Let me tell you, there are programs Dodd Lincoln Stabenow rejected. we can eliminate, and we should have Dorgan McCaskill Tester This budget has buried in it a $1.2 made that tough decision. So we have Durbin Menendez Webb trillion tax increase. Yes, it would not strong opinions that this budget Feingold Mikulski Whitehouse Feinstein Murray Wyden occur this year, but it is assumed in doesn’t go where it should go. It fails the budget. That is how they get to in the issues of tax policy, entitlement NAYS—45 balance in the budget. It is assumed in policy, and spending policy. Obviously, Alexander Brownback Coleman the outyears. That tax increase will the other side of the aisle is the major- Allard Bunning Corker Barrasso Burr Cornyn translate, when it kicks in, in 2011, ity—and, remember, they were in the Bayh Chambliss Craig into real increases in taxes for Ameri- majority last year too—so they have Bennett Coburn Crapo cans. Although most of us cannot un- the right to pass their budget. I point Bond Cochran DeMint

VerDate Aug 31 2005 07:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.015 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5008 CONGRESSIONAL RECORD — SENATE June 4, 2008 Dole Inhofe Shelby This week the Senate is considering simply reduce the rate of growth. This Ensign Isakson Smith Enzi Kyl Specter the conference report for the fiscal conference report rejects even slowing Graham Lugar Stevens year 2009 budget resolution, a blueprint the growth in entitlements. For these Grassley Martinez Sununu that is supposed to provide us with reasons alone, the conference report Gregg McConnell Thune guidance for spending that reflects the ought to be rejected. Hagel Murkowski Vitter Hatch Roberts Voinovich priorities of the Congress. As stewards Congress ought to be considering a Hutchison Sessions Wicker of the public trust, the Congress needs budget that reduces the national debt, PRESENT AND GIVING A LIVE PAIR, AS to make responsible choices that leave promotes honest budgeting, and en- courages true economic growth by re- PREVIOUSLY RECORDED—2 a fiscally sound country to our chil- dren and our grandchildren. Unfortu- ducing energy costs, reducing taxes, Domenici, against Warner, against nately, the budget resolution con- and reducing health care costs and in- ference agreement we are debating this creasing access for all Americans. NOT VOTING—5 week doesn’t confront any of the tough Last year, the majority also prom- Biden Clinton McCain choices that face our country. ised to abide by pay-go rules and actu- Byrd Kennedy I will say once again that we cannot ally pay for all new spending. Well, as The conference report was agreed to. sustain the current level of spending far as I can see this has not happened, Mr. CONRAD. I move to reconsider without inflicting grave damage on the and in fact, pay-go enforcement rules the vote, and I move to lay that mo- fiscal health of our country. This con- have been weakened through a variety tion on the table. ference agreement rejects the Presi- of different mechanisms and smoke and The motion to lay on the table was dent’s proposals that slow the growth mirrors that taxpayers have ended up agreed to. of spending in mandatory programs, as with billions in new spending. The PRESIDING OFFICER. The Sen- well as keep a handle on discretionary Congress must take seriously the ator from North Dakota. spending. warnings from the General Accounting Mr. CONRAD. Mr. President, I again It does nothing to shore up the gov- Office and the Congressional Budget thank all our colleagues. This is a sig- ernment’s fiscal house, and instead Office about Federal expenditures spi- nificant vote because this is the first leaves the tough choices to future Con- raling out of control. We need to make time in an election year since 2000 that gresses and the next administration. procedural and process changes to di- we have been able to pass a budget. Yet every day, Americans sit at their rectly address these problems. One of That sets a good example for the fu- kitchen tables and tighten their own the many procedural reforms that I be- ture. budgets to pay for gas, food and other lieve would promote fiscal responsi- I, again, especially thank Senator necessary expenses—while we can’t bility is a 2-year budget process, known DOMENICI. This is his last vote on a even impose meaningful discipline on as biennial budgeting. budget. He, out of respect for this insti- spending here in Washington. In fact, in his budget for fiscal year tution, respect for Senator BYRD, re- As stewards of the public trust, we 2009, the President once again proposed spect for the budget process, agreed to owe it to all American taxpayers to use commonsense budget reforms to re- pair with Senator BYRD. We thank Sen- the funds they provide us in the most strain spending. He has several rec- ator DOMENICI for that gracious act. efficient way possible. If we do that, ommendations, including earmark re- And Senator WARNER, I deeply appre- then we provide future generations forms and the adoption of a 2-year ciate your willingness to pair with Sen- with a strong economy. budget for all executive branch agen- ator KENNEDY, who, as we all know, is As an accountant, I particularly wel- cies in order to give Congress more ill and recovering. You are a pro’s pro, come the opportunity to look at the time for program reviews. Imple- and we deeply appreciate the respect overall spending priorities of our Na- menting these overall recommenda- that you have shown for our colleague, tion. Fiscal year 2009 ought to be an- tions would be a step in the right direc- Senator KENNEDY. other tight year for spending. This tion. Again, I thank all of the staff who year the Federal deficit is projected to The budget process takes up a consid- have worked so hard. I again want to be close to $350 billion—under the Con- erable amount of time each year and is conclude by thanking the ranking ference Agreement—which will pale in drenched in partisan politics, while member, Senator GREGG, for all he did the face of major demands on resources other important issues end up on the to allow us to complete work today. as the so-called baby boom generation back burner. The Federal budgeting Mr. ENZI. Mr. President, we are all begins to reach eligibility for Social and appropriations system is broken, familiar with the phrase ‘‘all you can Security and Medicare. We must real- and lends itself to spending indulgences eat.’’ There are restaurants everywhere istically deal with issues like increas- taxpayers cannot afford. We only have that specialize in feeding us until we ing health care costs, tax policy, bur- to look to the mammoth spending bills burst. Needless to say, that isn’t a good geoning energy costs, as well as con- that nobody has time to fully read or idea. Eating until you just can’t eat tinuing national security obligations. understand before they are passed into any more isn’t just a waste of re- Americans deserve more than another law. Last year’s omnibus appropria- sources, it is likely to have a severe ‘‘pass the buck’’ budget. tions bill is an example of a system impact on your future health—and Mr. President, here is the truth about that promotes fiscal recklessness. your current waistline! what the Democratic budget resolution This conference report is a missed op- We are in a similar fix here in the would do. It will: raise taxes by $1.2 portunity. There is a crucial need to Congress. Our country is in a sinkhole trillion meaning that 43 million fami- enact procedural and process changes of debt and it’s almost as if we have lies with children will pay $2,300 more that will enable us to get this country adopted a philosophy of ‘‘all you can each year, and 18 million seniors will on the right budgetary track again. We spend’’ around here. Spending is out of pay $2,200 more; increase spending by simply cannot risk the economic sta- control and we are doing more than $210 billion over 5 years. For fiscal year bility of future generations by con- just wasting resources—we are destroy- 2009, exceed the President’s requested tinuing to ‘‘get by’’ with the status ing the future of our children and our budget by $24 billion; would allow the quo. The risks are far too great. grandchildren. Our friends on the other gross debt to climb by $2 trillion by The conference report we are debat- side of the aisle don’t seem to see what 2013; last year’s budget grew our na- ing today is a hollow, tax and spend, a terrible problem we face. Just like tional debt by $2.5 trillion. It ignores big government budget. It makes no that all you can eat line, our col- entitlement reform—there is no at- tough choices. leagues are heading back to the buffet tempt to tackle the $66 trillion in f for one more full plate and leaving the unsustainable long-term entitlement bill for our children to pay. As the old obligations that face our country. The FISCAL YEAR 2009 adage says so well, you can pay me President’s budget proposed to reduce Mr. DOMENICI. Mr. President, I now, or pay me later—and our col- the rate of growth in one of our most would like to thank Chairman CONRAD leagues have chosen to leave the bills expensive entitlements, Medicare. This and the other members of the Budget for later. We ought to know better. would not cut Medicare at all—it would Committee for their kind words and

VerDate Aug 31 2005 05:59 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.002 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5009 well wishes that have been directed to- adding to the debt burden of our chil- co-authored which, taken together ward me during our work on this the dren and grandchildren. The fiscal year with the underlying clean energy re- final budget resolution during my ten- 2009 budget that President Bush sent to serve fund, will support extension of ure in the Senate. Congress in February would have us the current production tax credits for As most of you know, I have worked pursue the same failed priorities and renewable electricity and biodiesel on many budgets and numerous other policies that have proven so woefully fuel, the small-producer biodiesel tax initiatives during my 36 year career. wrong for Michigan and for our Nation. credit, and clean renewable energy However, important work still remains The President’s proposal would dig us bond authority. It also proposes new for the Budget Committee. If I had even deeper into the massive deficit tax credits for cellulosic ethanol and more time I would without a doubt ditch we are already facing. The Presi- plug-in hybrid vehicles. I will continue seek to address entitlement spending. I dent’s proposal would provide even to work to enact these necessary incen- had pledged to work with Chairman more tax cuts to the wealthiest among tives. CONRAD on his bipartisan bill and I am us, while at the same time it would cut Major bipartisan efforts will be need- disappointed that we may not have funding for critical programs impor- ed to make true progress on the long- time to take it up this year. tant to my State’s economy and the term fiscal problems we face. But this This budget, like many before it, well-being of the State of Michigan. resolution represents a good start by fails to address the 800 pound gorilla in This includes cuts to, among other proposing an end to the financing of the room, otherwise known as entitle- things, health care funding, including unaffordable tax cuts for the wealthi- ment spending. After 2010, spending re- Medicare and Medicaid; decreased fund- est among us, as well as funding pru- lated to the aging of the baby-boom ing for important investments in edu- dent investments to promote the generation will begin to raise the cation; and the elimination of the health and well-being of our children. growth rate of total outlays. The an- Technology Innovation Program, for- Mr. CARDIN. Mr. President, I rise in nual growth rate of Social Security merly called the Advanced Technology strong support of the fiscal year 2009 spending is expected to increase from Program, and the Manufacturing Ex- budget resolution conference report. As about 4.5 percent this year to 6.5 per- tension Partnership, which helps small a member of the committee, I want to cent by 2017. In addition, because the and mid-sized manufacturers compete recognize Chairman CONRAD and thank cost of health care is likely to continue him personally for his untiring efforts rising rapidly, spending for Medicare in a global economy. We need to break from those failed to craft a blueprint that will get our and Medicaid is projected to grow even policies by forgoing irresponsible tax Nation’s fiscal house back in order. faster—in the range of 7 or 8 percent cuts for the wealthiest among us and Perhaps more than at any time in annually. Total outlays for Medicare making important investments in our history, it is imperative that Con- and Medicaid are projected to more America’s future; we must work to put gress focus seriously on our Nation’s than double by 2017, increasing by 124 our country back on track and begin budget situation. The competing de- percent, while nominal GDP is pro- the long process of climbing out of this mands of an aging population, our cur- jected to grow only 63 percent. The rent international commitments, grow- budget currently under consideration deficit ditch. That is why I am glad this resolution ing competition in the global economy, does not offer solutions, much less even provides for a balanced budget by 2012. our widening trade deficit, and shrink- address, entitlement spending or re- It also furthers our strong pay-go rules, ing revenues all require that we ad- form. I do not support this budget in which require that all mandatory dress our fiscal situation with urgency. its current form because it does not spending and revenue provisions be def- Revenues are at a historic low point, offer any meaningful solution for enti- icit-neutral. It sets the course to fully while the demographics of the country tlement spending. I offer this piece of advice to my col- offset a repair of the alternative min- are driving spending higher on needs leagues serving on the Budget Com- imum tax, which would otherwise that the private sector is ill-equipped mittee: tackle entitlement spending. cause nearly 20 million middle class to address. Now there is widespread The Budget Committee should propel taxpayers to be subject to a tax they consensus among working families itself to the forefront of this debate were never intended to be subjected to. that—regardless of the official defini- and use the tools that only this com- It also assumes middle income tax re- tion—we are in a recession. mittee has at its disposal to address lief, including marriage penalty relief, Employment growth during this ad- the number one issue on the minds of the child tax credit, and the persist- ministration has averaged fewer than the American public. With true leader- ence of the 10 percent bracket. 50,000 jobs a month—the lowest month- ship, this committee has the potential I am pleased that this resolution in- ly rate for any administration since to turn mere Senators into heroes if cludes my proposal to establish a def- Dwight D. Eisenhower’s and less than they choose to address the entitlement icit-neutral reserve fund to promote one-quarter the average of 237,000 jobs programs. I urge Senators to come to- American manufacturing. Congress per month created during the Clinton gether and find a solution in the near needs to act to revitalize our domestic administration. future before it is too late to resolve manufacturing sector. The administra- Inflation-adjusted hourly wages have this crisis. tion has stood by passively while 3 mil- decreased by 1.3 percent since August Mr. LEVIN. Mr. President, I am lion manufacturing jobs were lost to 2003. Even median annual household in- pleased an agreement has been reached America. come has decreased by $1,700, or 3.6 per- on a budget resolution conference re- This resolution also seeks to close cent, after accounting for inflation. port. It is the duty of Congress to ap- the tax loopholes costing the Treasury These are aggregate statistics, but be- prove the Nation’s fiscal blueprint, and large amounts of revenue and which hind each of them are millions of fami- this year’s budget report presents a re- have shifted an unfair burden to middle lies who are falling behind as a result sponsible plan that rightfully income taxpayers. Shutting down abu- of inadequate investment in the right prioritizes job creation and programs sive tax shelters and offshore tax ha- priorities. to support the safety, health, and edu- vens are two of the major tax gap ini- For too long, we have been moving in cation of America’s children. tiatives assumed in the budget resolu- the wrong direction. Over the past 7 Our economy has long been suffering tion. Additionally, this budget would years, the Bush administration has and is in need of a boost. This budget reject many of the cuts in funding pro- sent us budgets with the wrong prior- will help start to undo the damage posed by the President for essential ities. They have contained drastic cuts caused by the administration’s mis- health care and education programs. I to education and health care programs. guided fiscal policies and stave off ad- believe this budget resolution, while They did not provide for investment in ditional cuts proposed by the adminis- only a blueprint for future action, sets our nation’s public transit systems, tration that would affect important us on a course of fiscal responsibility bridges, and roads. They did not ad- programs that are especially needed in and paves the way for important in- dress energy efficiency. They ignored this time of economic distress. vestments in America’s future. veterans’ health care needs and actu- This budget rejects the President’s I am also pleased that this con- ally attempted to make it more dif- failed policy of paying for tax cuts by ference report retains an amendment I ficult for veterans to access the health

VerDate Aug 31 2005 05:59 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.040 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5010 CONGRESSIONAL RECORD — SENATE June 4, 2008 system we promised our troops. And The many important areas that this child die for lack of access to basic they neglected the programs that help budget addresses are particularly cru- dental care. It is difficult to find den- working families thrive, including cial in these difficult economic times tists to treat low-income children for child care, housing, community devel- for America’s families. We provide for two reasons. First, because there is a opment, and job training. Recent Con- a reserve fund that will improve access shortage of pediatric dentists—only 4.3 gresses supported those budgets, and to affordable housing for working fami- percent of dental school graduates in exacerbated the fiscal crisis by enact- lies, we add $40 million for emergency 2001 reported pediatric dentistry as ing irresponsible tax cuts that America food assistance and we improve unem- their specialty of choice; and second, could not afford—tax cuts that over- ployment compensation. because the reimbursement from public whelmingly benefitted the wealthiest In health care, I want to mention two programs such as Medicaid and SCHIP Americans, while providing very little specific areas. This budget makes room is low. help for working families. Last year, for critically needed increases in Our budget rejects the President’s under new leadership in Congress, we health research funding. The National cuts to dental training programs, and passed a budget that began to change Institutes of Health is headquartered it is my hope that we will continue to course. This budget continues that ef- in Maryland, and its grants fund re- work to increase the number of pedi- fort, and I am pleased to support it. search in my state and across the na- This conference agreement targets tion. Unfortunately, this is the sixth atric dentists and improve reimburse- tax relief where it is most needed—at year in a row that NIH has been essen- ment for public programs. But there working families. This includes an ex- tially flat-funded. I have the privilege are thousands more children, like tension of the child care tax credit, of meeting often with biomedical re- Deamonte’s brothers who also need marriage penalty relief, and the 10 per- searchers from my home state. They dental care—who cannot wait for us to cent individual income tax bracket. are working to find treatments and recruit and train more dentists. I Equally important, this budget reso- cures for our most challenging dis- thank both Senator WHITEHOUSE, who lution is fiscally responsible. It will re- eases—cancer, diabetes, arthritis, ALS, joined me in offering an amendment in turn us to a balanced budget, with a and others. committee to address this issue, and During the period when Congress surplus of $22 billion in 2012 and $10 bil- the members of the Budget Committee doubled NIH funding—between 1998 and lion in 2013. who unanimously supported it. My 2003—researchers’ chances of securing Even as crucial domestic programs amendment would establish a deficit- NIH funding for a worthwhile grant have suffered under this administra- neutral reserve fund in the budget for proposal was one in four. Since 2003, tion, the Nation’s debt has increased legislation to improve access for low- their chances have dwindled to one in from $5.8 trillion at the end of Presi- income children who are in either Med- eleven. Undergraduate and graduate dent Bush’s first year in office to in ex- icaid, SCHIP, or are uninsured. As a re- students alike are beginning to ques- cess of $9 trillion. sult, this budget will allow Congress to tion their career choices and wonder if If we fail to change course, we will fund legislation to improve oral health there is a future for them in biomedical leave our children and grandchildren care and more appropriately reimburse research. With medical research infla- an insurmountable legacy of debt. The the providers who are willing to treat tion at nearly 3.5 percent, we must in- fiscal policies of this current adminis- low-income children. These are the of- crease the agency’s funding by at least tration have erased the $5.6 trillion fices, clinics, and dental schools whose that amount in order to break even. To surplus that was projected in 2000 and doors are open to underserved patients, make progress in the fight against dis- replaced it with a projected deficit of but whose ability to treat large num- ease, we must increase our spending nearly $4 trillion over the next 10 substantially. I am pleased that our bers is compromised by inadequate years. resolution rejects the President’s payments. The borrowing necessitated by deficit planned cuts for this critical agency This budget also funds critical in- spending has jeopardized our economic and makes room for additional funding. vestments in homeland security. The position in the world, and it has This budget resolution also makes President’s budget reduced funding for clouded the outlook for generations of room for improvements to pediatric important first responder programs, in- Americans to come. We have had to dental care. I have come to the floor of cluding the SAFER—Staffing for Ade- turn to foreign governments to borrow the Senate on several occasions to talk quate Fire and Emergency Response— money. Our foreign-held debt has in- about a 12-year-old named Deamonte grant program. The SAFER grant pro- creased by more than 100 percent dur- Driver. He lived just 6 miles from here gram directly funds fire departments ing this administration. In fact, in just in Prince George’s County, MD. The and volunteer firefighter interest orga- one year, the total has increased from Driver family, like many other fami- nizations to help them increase the $2.1 trillion to $2.5 trillion. According lies across the country, lacked dental number of trained, frontline fire- to the Treasury Department, as of coverage. At one point, his family had fighters. This budget rejects those cuts March 2008, the United States now owes Medicaid, but they lost it when they and will give firefighters needed re- more than $600 billion to Japan, nearly moved into a shelter, and their paper- sources to protect our communities. $500 billion to China, more than $200 work fell through the cracks. When ad- billion to the United Kingdom We owe vocates for the family tried to help, it I am proud that this resolution also $150 billion to oil exporting nations, up took more than 20 calls just to find a addresses another issue that is criti- from $112 billion last year. These levels dentist who would treat him. cally important for Maryland. It calls of foreign-held debt threaten our inde- Deamonte began to complain of head- for pay parity between civilian and pendence as a nation, and they are aches in January 2007. An evaluation at military employees. With tens of thou- unsustainable. Children’s Hospital found that he had sands of Federal employees in Mary- That is why it is so important that an abscessed tooth, but the condition land, I have witnessed the additional we make the difficult budget choices was advanced and he needed emergency burdens placed on our civil servants, that can return us to a balanced budg- brain surgery. He later experienced sei- particularly since the 2001 terrorist at- et, and that this resolution contain zures and a second operation. Even tacks on our Nation. These dedicated tools needed to get there, including though he received additional treat- employees are called upon to assume pay-go. ment and appeared to be recovering, greater risks with lower comparable This resolution calls for $3.1 trillion medical intervention had come too pay to private sector wages. In addi- in spending for the next fiscal year. It late. Deamonte passed away on Sun- tion, many Federal agencies now face a rejects the President’s cuts to entitle- day, February 25, 2007. At the end, the human capital crisis, with thousands of ment programs, and it funds domestic total cost of his treatment exceeded a our most experienced employees eligi- discretionary programs at $21 billion quarter of a million dollars—more than ble to retire in the next few years. Pay above his budget request. This means 3,000 times the $80 it would have cost parity is necessary if we will be able to that we can begin to make much need- for a tooth extraction. recruit and retain a quality Federal ed improvements in the programs that There is no excuse for us, in the workforce, and this budget provides for help build our nation. wealthiest nation on Earth, to watch a it.

VerDate Aug 31 2005 07:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.041 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5011 Finally, I also note that this budget 405 percent and 804 percent, natural gas nues for Department of the Interior ad- supports our veterans. We rightly re- prices could rise between 34 percent aptation activities or to allocate 3.1 ject the President’s misguided pro- and 107 percent, and gasoline prices percent of auction revenues in 2030 for posals to increase enrollment fees and could go up between 17 percent and 41 cellulosic biomass programs. copayments for veterans’ health care percent. Although the substitute As ranking member of the Com- services. We increase funding for the amendment we are considering imposes mittee on Appropriations, where we Department of Veterans Affairs so that yearly cost ceilings, these high prices have annual hearings and review the we can improve VA health care facili- will still be realized unless improbable needs and the constraints we are deal- ties and improve access to rehabilita- advancements in alternative energy ing with under the budget for appro- tion, mental health services, traumatic production, such as 70 new nuclear re- priating funds, I cannot support this brain injury services, and speed the actors and 68 billion gallons of ethanol, approach that pretends to project what processing time for disability claims. are produced. the appropriated amount should be Again, I thank Chairman CONRAD for Various projections of this bill show years and years from now. his leadership in helping to bring forth not only will prices increase, Ameri- It is my hope we will be able to help this agreement. As he has said pre- cans could lose jobs as industries strug- restore a strong economy, create an en- viously, it truly marks a new path for- gle to keep costs down. I am proud of ergy infrastructure that provides for ward for our country. I urged my col- the new era of manufacturing that my low-cost electrical and motor fuel leagues to support it. State of Mississippi is entering, but I prices, and foster a responsible attitude I yield the floor, and I suggest the ab- don’t want Mississippians to lose the about our natural resources and the en- sence of a quorum. jobs we have fought so hard to obtain. vironment. However, the legislation we The PRESIDING OFFICER (Mr. The Environmental Protection Agency are now considering will not bring WHITEHOUSE). The clerk will call the and the Energy Information Adminis- Americans lower energy costs or, real- roll. tration suggest that this bill could re- istically, a cleaner environment. The legislative clerk proceeded to duce the gross domestic product of the Unless major changes to this legisla- call the roll. United States by as much as 7 percent tion are considered, I cannot support Mr. COCHRAN. Mr. President, I ask by 2050 and could reduce the manufac- this bill. unanimous consent that the order for turing output of the United States by The PRESIDING OFFICER. The Sen- the quorum call be rescinded. almost 10 percent in 2030. A reduction ator from New Mexico. The PRESIDING OFFICER. Without in output means that industry will Mr. DOMENICI. Mr. President, I objection, it is so ordered. need fewer workers in order to keep could give these remarks now or I Mr. COCHRAN. Mr. President, I ask their costs down. A need for fewer could have given them when we were unanimous consent——— workers will result in job losses, and on the bill because they address some- Mr. CONRAD. Will the Senator with- unemployment rates in my State are thing that is disturbing a number of hold for one moment? already too high. Senators. That concern is that the ma- Mr. COCHRAN. I am happy to with- I believe the Senate should spend jority leader may be thinking of filling hold for my friend from North Dakota. time considering the best use of Amer- the tree, which means he is not going f ica’s natural resources while being to allow us to offer a significant num- mindful of the environment. However, ber of amendments to this bill. That is, MORNING BUSINESS if we are going to mandate reductions from what I can tell, something that Mr. CONRAD. Mr. President, I have in greenhouse gases, there are certain we should not do, and he should not do. been asked to request that we go into a principles we need to keep in mind. The As someone who knows him well and period of morning business until 12:45, Senate must consider the costs we will works with him well, I think it would with the time equally divided. impose on the consumers we represent. be a mistake to fill the tree on a bill The PRESIDING OFFICER. Without The legislation we have before us goes like this, and let me give a few exam- objection, it is so ordered. beyond what is required to reduce ples from my own experience. Mr. CONRAD. I thank the Chair, and emissions and imposes harsh, costly re- When we used to do business the way I thank very much my colleague and strictions on the industries and busi- the Senate does business, not filling my friend, Senator COCHRAN. nesses we count on to keep our econ- trees but filling many days with legis- The PRESIDING OFFICER. The Sen- omy healthy. lation of importance, we had a Clean ator from Mississippi. The bill provides that only 30 percent Air Act, Mr. President. The manager of f of annual emissions reduction obliga- the bill was Ed Muskie. The Clean Air tions can be met using credits and off- Act; Ed Muskie. The first bill of that CLIMATE SECURITY ACT sets. Only half of that amount can be sort that came to the floor. I was a Mr. COCHRAN. Mr. President, my from domestically generated credits, brand new Senator. I was on the com- staff members and I hear from Mis- through a complex formula, and the re- mittee. Very interesting. I spent a sissippians every day about the crip- mainder of the available credits would great deal of time on the Senate floor pling effects of high energy prices. We come from outside the United States. just listening and watching. That bill all understand the need for increasing Many of these credits and offsets will was on the floor of the Senate 5 clean energy supplies, and I hope we likely come from the agricultural sec- weeks—5 weeks not 5 days—with 168 can continue to work to do that and to tor. Mississippi farmers are already en- amendments considered and 162 acted develop other innovative solutions to gaged in better and more efficient upon. Of those, 60 were Democratic. deal more effectively with this great practices, such as no-till farming, new Now, imagine this bill before us, problem. But the bill we are consid- irrigation efficiencies, and reforest- which is far more important in terms ering will not accomplish that goal. In- ation of marginal lands. of the ramifications to the American stead, the legislation will have a detri- Another troubling aspect of the legis- economy, to the costs that will be mental effect on our economy. It will lation is the creation of a massive new added to energy, to the trial run that contribute to a higher overall cost of mandatory spending regime that would we are taking upon ourselves to try to living, and it will be especially harmful direct nearly $3.3 trillion in auction curtail carbon, which we don’t even to lower income families. revenues over the next several decades know will work, yet it will put into the According to projections by the En- to dozens of specific programs, some marketplace trillions of new dollars ergy Information Administration and that already exist but some that are that are allocations. There are certifi- the Environmental Protection Agency, new. These mandatory programs will cates, not issued by the Treasury of the energy costs are projected to rise be- not likely receive the proper oversight United States but, rather, issued under cause of this legislation. Energy prices and control that the annual appropria- the mandate of this program. All of the are already at an all-time high. We tions process provides. It is unreason- language in this bill as to who gets cannot afford to increase these costs able to think we can know today those allocations, as though we walked even further. By 2030, increased costs whether it will be appropriate in 2050 around and walked the streets and for delivered coal could range between to allocate 3.42 percent of auction reve- tried to see who might need them and

VerDate Aug 31 2005 05:59 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.041 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5012 CONGRESSIONAL RECORD — SENATE June 4, 2008 who might support the bill and provide OIL SPECULATION A big oil executive saying the price these allocations, that deserves as Mr. DORGAN. Mr. President, I heard of oil ought to be about $50 or $55 a bar- much time as the Senate wants to my colleague on the other side of the rel. spend offering amendments. It is prob- aisle, from Louisiana, on the floor of Here is Clarence Cazalot, the CEO of ably the biggest, most complicated bill the Senate, with the usual sharp par- Marathon Oil. He says: we have had, certainly in the 36 years tisan scalpel, talking about what the $100 oil isn’t justified by the physical de- that I have been a Senator. price of gasoline was when this Con- mand in the market. Secondly, we tried an energy bill. We gress was seated, the new Congress— An oil executive saying the current finally passed it after the third try, but presumably with a Democratic major- price at $100—it is much higher now— we didn’t try to fill the tree. That is ity was his point—and what the price $100 is not justified. language for saying we are making it of gasoline is now, suggesting somehow During a question-and-answer period so that it can’t be amended, so that it that the Congress has conspired in in- he suggested a more reasonable range will move rapidly because all avenues creasing the price of gasoline. In fact, for crude oil prices was between $55 and for amendment are filled, and thus the nothing could be further from the $60 a barrel. tree is filled. That is where the lan- truth. But I want to explain my con- This is from the Newark Star Ledger guage comes from. The leader has the cern about what is happening with the on January 8. authority to do it, or whoever can be price of gasoline and the price of en- Experts, including the former head of recognized ahead of him, if they want ergy in this country. I also want to ExxonMobil, say financial speculation in the to do that. make the point while I do this that energy markets has grown so much over the I will cite another example. We fi- those, including perhaps my colleague last 30 years that it now adds 20 to 30 percent nally passed a very good comprehen- who was speaking earlier this morning, or more to the price of a barrel of oil. sive energy act 3 years ago. That bill who have always felt that regulation Again, an oil company executive. was on the floor of the Senate for 3 was a four-letter word, ought to under- Fadel Gheit, senior energy analyst at weeks—3 weeks not 3 days. This bill stand that part of what we are experi- Oppenheimer, with 30 to 35 years expe- that we are talking about has been on encing today is regulatory agencies in rience: the Senate floor only 3 days, 4 days, the Federal Government taking a Rip There is absolutely no shortage of oil. I’m and already we are considering closing van Winkle nap while they ought to be convinced that oil prices shouldn’t be a dime off debate. I have been here 35 years, regulating, while they ought to be above $55 a barrel. and I have never seen anything like watching on behalf of the public inter- I call it the world’s largest gambling hall. ... this—thinking of filling the tree on a est what is going on. bill of this magnitude, this complexity, We have people who came to Govern- He is talking about the futures mar- and, I might say, with the certainty of ment who did not like Government, ket now, for oil. having mistakes. It is just as certain as who aspired not to do anything. A good I call it the world’s largest gambling hall we are standing here and you are sit- example of that is the folks who were ... It’s open 24/7 . . . Unfortunately, it’s to- ting there presiding that this bill has put in place prior to Enron, running tally unregulated . . . This is like a highway to have many errors in it, many things with no cops and no speed limit and roughshod on wholesale electricity everybody’s going 120 miles an hour. we will regret passing if we don’t prices—which we later found out was a amend it, talk about it, and analyze it. criminal enterprise. People on the west Fadel Gheit came and testified before Having said that, and having exam- coast were bilked out of billions and our Energy subcommittee and said the ples of precedent here, when we behave billions of dollars. Why? Because regu- same thing. There is no justification like a Senate, where we were not un- lators were not watching and didn’t for the current price of oil. willing to take 100 amendments on a care, because they were regulators who Then what is happening? This is what bill when you considered that, and you were selected by the very companies a market looks like at NYMEX. It is didn’t say: Oh, the Senate is closing its they were regulating. In fact, I am told hard to see much order there, but I doors, we are dead, we used to say: We that Ken Lay actually was conducting have actually visited that market. It is are live. We are going to get it done. some interviews on behalf of the ad- a bunch of traders on the floor who Senator Muskie made his name on that ministration. wear colored jackets and logos and one bill because it was here 5 weeks. Ken Lay is dead. He is gone. He came have pieces of paper. It doesn’t look Nobody ever questioned his capacity, before my committee. I chaired the like anybody can keep track of what after that, to handle legislation. I use hearings on the Enron scandal over in they are doing. They apparently are that as an example when I tell people the Commerce Committee. He came be- doing it well. At any rate, in this mar- how do you become a Senator. You fore the committee. We subpoenaed ket, which is supposed to provide li- have an opportunity to come to the him. He raised his hand, took an oath, quidity for the price of oil—that is you floor to manage something for any- sat down and took the fifth amend- have a market where you have people where from 3 days to 3 or 4 weeks. I had ment. He has now died but many of his who hedge and people who buy con- that chance three times on budgets. colleagues in Enron are spending years tracts and so on—there is now an orgy Before anybody ever knew me, I had at minimum security prisons some- of speculation, an unbelievable amount the opportunity to come down here and where around the country. of speculation. do that. People found out I could man- Effective regulatory oversight is very Let me show what has happened with age a bill. That is part of the Senate. important. It is unbelievably impor- respect to speculation. This line shows That happened to Senator Muskie—5 tant. Let me explain why that is the the percentage of oil owned by specu- solid weeks and 100 amendments to get case with respect to the price of gaso- lators, January 1996 to April 2008. This a Clean Air Act through here. line and the price of oil. is oil purchased by people who do not This bill is bigger, more important, Here is what has happened to the have any interest in having oil. These more comprehensive, and maybe more price of gasoline. These are oil prices, are speculators. They buy things they difficult for the American economy and but gasoline prices track them. This is will never get from people who never American people than the Clean Air the price of a first month contract on had it, expecting to make money on Act. It needs time, not tree building, the NYMEX. You can see what is hap- both sides of the trade. not trunk building, not closing off op- pening—up, up, and up. This market is now infested with portunities to amend. Is there a reason that oil prices speculators. We heard testimony yes- I yield the floor. should go up like that? Let’s explore terday that said the largest holder of The PRESIDING OFFICER. The Sen- that a bit. Stephen Simon, senior vice home heating fuel in the Northeast, in ator from North Dakota. president of ExxonMobil, testified a the United States of America, is Mor- Mr. DORGAN. Mr. President, how month and a half ago before the House gan Stanley, an investment bank. Does much time remains in morning busi- of Representatives. Here is what he anybody here think that Morgan Stan- ness? said: ley decided as part of its corporate The PRESIDING OFFICER. There re- The price of oil should be about $50–55 per charter we aspire to gather a bunch of mains 14 minutes. barrel. heating oil because we want to be in

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Investment what this country did a long time ago. tion and what is not and then go after banks for the first time, as I under- I was on an oil rig about 2 weeks ago a way to wring out the speculation stand it, are actually buying storage in the area of our country that has the from these markets. I understand mar- capacity to take energy, that is heat- largest oil play, I believe. It is called kets need to work, they need liquidity, ing fuel and oil, off of the market and the Bakkan Shale in western North Da- they need to have an opportunity for put it in storage to keep it in the mar- kota and eastern Montana. It is fas- legitimate hedging. I understand all of ket. They believe it would be more val- cinating what they are doing. The rea- that. But I also understand what has uable in the future than to convert it son I say we need oil—I encourage happened here is we have galloped into to dollars, which they think will depre- drilling. I was one of four Senators who this box canyon with speculators mak- ciate. So they buy oil and store oil be- helped open up Lease 181 off the Gulf of ing massive amounts of money. cause they are speculating. Mexico. We are now going to get more The other day I was on the floor and The question is, What do we do about oil and gas off of that area and still I talked about a man who has been in- that? If, in fact, the fundamentals protect our environment. volved in hedging and betting—mostly aren’t at work here—and, by the way, Let me talk about the sophistication betting, not hedging—and has made a there is no free market. Everybody of the drilling rig I visited 2 weeks ago. massive amount of money. He doesn’t says: What about the free market? Let They drill down 10,000 feet, make a big have any interest in oil. He has never the free market work. There is no free curve with the same rig, and drill out had oil run through his fingers. He has market. That is absurd. You have a 10,000 feet. They are searching for a probably never changed the oil in his cartel, a bunch of folks who represent seam that is 100 feet wide called the car, let alone wanting to buy oil. He the OPEC countries. They all have shale seam. They divide that seam into wouldn’t have a place to store it if he ministers—Mr. Minister this, Mr. Min- three parts—the upper part, middle got it. He is very interested in gam- ister that. They go lock a door some- part, and lower part. They go down 2 bling on the contracts, back and forth, place and this cartel decides how much miles with a drilling rig, make a big to make money. they are going to produce and what curve, go out 2 miles, and they are tar- That is what Mr. Gates said. As I in- price point they want. You have a car- geting only the middle part of a 100- dicated, Mr. Gates is a fellow who has tel at the front end. Second, you have foot seam to get oil and they end up 2 over 30 years’ experience. I have talked bigger oil companies. They have all to 4 feet from where they expect to be to him by telephone a number of times. merged. They all like each other so with their drill bit. It is unbelievable Mr. Gates says: This is the world’s they all married and the fact is nobody technology. There is a lot going on and largest gambling hall. It is open 24/7, cared much how big they got and now I commend them for it. We want to en- totally unregulated. they have two names, ExxonMobil, courage them. We want more produc- Now, we have seen speculation and ConocoPhillips, the list goes on. So tion, but we cannot sit around here, as bubbles exist in our country before. We they are bigger, stronger, and they a Congress, and say it doesn’t matter have seen them in history. There are have more muscle in the marketplace. what the current price is. books written about bubbles and specu- Cartel, bigger oil companies—and third If the price at the pump is $4, the lation. You know when tulips were sold and most important you have an unbe- price of a barrel of oil is $125 or $130 or for $25,000 a piece, 400 and 500 years lievable amount of speculation in a $135, it doesn’t matter. It matters to ago, it did not matter so much, nobody market that ought to work but doesn’t the airlines that went belly up re- needed to have a tulip to do well during work anymore at all. cently. I had a discussion yesterday the day. Who is injured? The country is dam- with an executive who told me the But oil is different. The price of oil aged. Our economy is damaged. Every- name of an airline he thinks may well affects every American, every con- body who drives up to a service station be liquidated in the next couple of sumer, every business. It affects our and wants to use a gas pump to fill weeks. I was flabbergasted. We have economy. What are we going to do if their car with gas is now actually si- had a good many airlines file for bank- this price keeps moving and if we do phoning money right out of their pock- ruptcy recently. We have trucking not find a way to wring the speculation etbook right into the bank account of companies all across this country, es- out of this and bring it back to where the major oil companies, right into the pecially mom-and-pop truck busi- supply and demand or where a real bank account of the OPEC countries. nesses, that cannot afford to buy fuel marketplace would render the price to They have ‘‘permagrin.’’ They love and have gone belly up and many oth- be? this. They smile all the way to the ers will. We have people who can’t af- How many airlines will go bankrupt? bank because they are depositing our ford to put gas in their tank to drive to Will trucking companies be able to money. But it is injuring our country, work. That is unbelievable to me. purchase fuel? What will consumers do? damaging our economy, and hurting If it were about fundamentals, I What will it mean to the economic American consumers. would understand this, but this has growth potential of this country? So if this is not just about fundamen- nothing to do with fundamentals of I am working on a piece of legislation tals, and if the fundamentals don’t jus- supply and demand or the free market. that does a couple things, that address- tify the current price, what then can It has to do with an unbelievable es this speculation in a way to free it, we do? We have done at least a couple amount of speculation. We have a to wring it out of the futures market. of little things. I introduced a bill we right, in my judgment, we have a re- The futures market should exist. It is a have now passed and the President has sponsibility, to begin wringing that legitimate market. The futures market now signed it—he didn’t like to sign it, speculation out of those futures mar- for oil is necessary. You need to hedge. but he signed it—that said at least stop kets. But we need to find a way to have com- putting 70,000 barrels a day under- There are a number of ways to do plete transparency, to be able to regu- ground of sweet light crude. That is a that. I have talked before about a piece late both here and also on the inter- law. They have not stopped doing it be- of legislation that would increase mar- continental exchanges. We probably cause they are filling out the current gin requirements for those who want to need to increase the margin require- contract until the end of June, but engage in speculation. If you want to ments and say to speculators: Your day 70,000 barrels of sweet light crude will buy stock on margin, you have to put is over. Your day is done. This market go into the supply line when that goes up 50 percent of the money. That is a will exist, but it will exist without you. into effect at the end of this month. requirement—50 percent of the money. I intend to work on that amendment What can we do to end and wring out If you want to go buy an oil contract, with my colleagues in the coming days the speculation? Let me say, first, we 5 to 7 percent. If you want to control and offer it and hope we push it to a need oil. I am not here to trash oil. We $100,000 worth of oil, it will cost you conclusion.

VerDate Aug 31 2005 05:59 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.036 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5014 CONGRESSIONAL RECORD — SENATE June 4, 2008 I yield the floor and suggest the ab- Mr. CORNYN. Reserving the right to The PRESIDING OFFICER. Is there sence of a quorum. object, this is a brand new substitute objection? The PRESIDING OFFICER. The bill comprised of 491 pages that very Mr. CORKER. I object, Madam Presi- clerk will call the roll. few people have even had a chance to dent. The assistant legislative clerk pro- see. I think this is an opportunity for The PRESIDING OFFICER. Objec- ceeded to call the roll. us to learn what is actually in the leg- tion is heard. The clerk will continue Mr. REID. Mr. President, I ask unan- islation so that we can do our job and reading. imous consent that the order for the consider it and vote accordingly. Mr. SALAZAR. Madam President, quorum call be rescinded. I do object. parliamentary inquiry. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The Sen- objection, it is so ordered. tion is heard. ator from Colorado. Mr. SALAZAR. Madam President, f Mrs. BOXER. I reiterate my request would it be in order for this Senator because the reason given by my friend LIEBERMAN-WARNER CLIMATE from Colorado to ask a question of the is wrong. We have had a summary SECURITY ACT OF 2008 Senator from Tennessee? available for 2 weeks. Mr. CORKER. Madam President, reg- Mr. REID. Mr. President, I ask unan- I ask unanimous consent that read- imous consent that the motion to pro- ular order, if we could. ing of the amendment be dispensed The PRESIDING OFFICER. Regular ceed to S. 3036 be agreed to, and the with. motion to reconsider be laid on the order is the reading of the amendment. Mr. CORNYN. Regular order, Mr. The clerk will read the amendment. table. President. The PRESIDING OFFICER (Mr. The assistant Parliamentarian The PRESIDING OFFICER. The (Leigh Hildebrand) continued with the MENENDEZ). Is there objection? clerk will continue the reading of the reading of the amendment. Mr. MCCONNELL. Reserving the amendment. The PRESIDING OFFICER (Mr. right to object—I withhold. The assistant legislative clerk con- The PRESIDING OFFICER. Without SALAZAR). The Senator from Nevada, tinued with the reading of the amend- the majority leader. objection, it is so ordered. ment. Mr. REID. Mr. President, the Amer- The clerk will read the bill by title. The PRESIDING OFFICER (Mrs. ican public has had the opportunity for The assistant legislative clerk read MCCASKILL). The Senator from Con- the last 8 hours to watch what is wrong as follows: necticut. with the Republican minority. No won- A bill (S. 3036) bill to direct the adminis- Mr. LIEBERMAN. Madam President, der an election in a heavily Republican trator of the Environmental Protection in order to proceed with this piece of Agency to establish programs to decrease House district, the seat of the former emissions of greenhouse gases, and for other legislation which would reduce carbon Speaker of the House of Representa- purposes. pollution that causes global warming, I tives, Dennis Hastert, goes Democratic AMENDMENT NO. 4825 ask unanimous consent to dispense big time; a House seat in a special elec- (Purpose: In the nature of a substitute) with further reading of the bill. tion in Louisiana, which has been Re- Mr. REID. Mr. President, I send the The PRESIDING OFFICER. Is there publican for a long period of time, went Boxer substitute amendment to the objection? Democratic; and a seat in the State of desk. Mr. ALLARD. I object. Mississippi, in a special election, went The PRESIDING OFFICER. The The PRESIDING OFFICER. Objec- Democratic. All you have to do is look clerk will report. tion is heard. at the picture of what has been going The assistant legislative clerk read The clerk will continue the reading on here today to understand why. as follows: of the amendment. It seems the Republican minority The journal clerk continued with the wants to do anything they can to main- The Senator from Nevada [Mr. REID], for reading of the amendment. tain the status quo. They do not want Mrs. BOXER, proposes an amendment num- bered 4825. The PRESIDING OFFICER. The Sen- legislation, and they have proven that ator from California. time and time again. I want everyone Mr. REID. Mr. President, I ask unan- Mrs. BOXER. Madam President, in to understand that because of the Re- imous consent that reading of the order to continue with this tripartisan publicans, we are going to have to have amendment be dispensed with. legislation which is agreed to by an a vote. In a short time, I am going to Mr. MCCONNELL. I object. The PRESIDING OFFICER. Objec- Independent, Republican, and a Demo- call a live quorum and people are going tion is heard. crat, which will save the planet from to have to take off their pajamas, turn The clerk will continue to read. the ravages of carbon pollution and off their TV sets and head for the Cap- The assistant legislative clerk con- global warming and make us energy itol, and they should do that because tinued with the reading of the amend- independent, I ask unanimous consent that is what we are going to have, as ment. that further reading of the bill be dis- the terminology is here, in a few min- Mr. REID. Mr. President, I ask unan- pensed with. utes. imous consent that further reading of The PRESIDING OFFICER (Mr. Now, I want also people to kind of the amendment be waived. SCHUMER). Is there objection? get the other picture. The Thursday be- Mr. MCCONNELL. I object. Mr. ALLARD. Mr. President, I ob- fore our recess, 13 days ago, we were The PRESIDING OFFICER. Objec- ject. working on a package of nominations. tion is heard. The PRESIDING OFFICER. Objec- I worked with the Chief of Staff of the The clerk will continue to read. tion is heard. President of the United States, Josh The assistant legislative clerk con- The clerk will continue the reading Bolten. We cleared a lot of names. The tinued with the reading of the amend- of the amendment. vast majority of them, 80-some, were ment. The assistant journal clerk continued Republicans, Republican nominees. Mrs. BOXER. Mr. President, I have a with the reading of the amendment. There were a handful of Democrats, unanimous-consent request. (The amendment as read in full is five—I don’t know how many. It was The PRESIDING OFFICER. The Sen- printed in today’s RECORD under ‘‘Text all done. I thought we had worked this ator from California. of Amendments.’’) out with the Chief of Staff, the Presi- Mrs. BOXER. Mr. President, in order Mr. SALAZAR. Addressed the Chair. dent’s Chief of Staff. But lo and behold, to debate global warming legislation to The PRESIDING OFFICER (Ms. at the last minute, no. So I thought, get us to lower gas prices, I ask unani- CANTWELL). The Senator from Colo- well, we would start early this time. So mous consent that reading of the rado. a couple days ago I started working amendment be dispensed with so we Mr. SALAZAR. Madam President, again with Josh Bolten, and the last can get back to the business of the given the lateness of the hour and the couple days, in fact 3 days, we have Senate. hard work of all our staff today, I ask been working. He has had somebody The PRESIDING OFFICER. Is there unanimous consent that further read- work with my Chief of Staff and my ap- objection? ing of the amendment be waived. pointments person, and I thought we

VerDate Aug 31 2005 07:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.037 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5015 were making a lot of headway. We did (Mr. HATCH), the Senator from Georgia carbon out of the Earth and putting it another deal. We learned at the last (Mr. ISAKSON), the Senator from Ari- into the sky. It is causing our Earth to minute that the Republicans don’t zona (Mr. KYL), the Senator from Ari- have a fever. Our Earth is sick, and we want it. They do not want their own zona (Mr. MCCAIN), the Senator from must look at the sickness and try to do people, one of whom was a Secretary of Kansas (Mr. ROBERTS), the Senator something about it. the Cabinet. from Alabama (Mr. SHELBY), the Sen- The warming is clear. It has already So this is the stall that is taking ator from Oregon (Mr. SMITH), the Sen- harmed our environment and our econ- place, for reasons that are—well, the ator from Pennsylvania (Mr. SPECTER), omy. We know that. The scientists American people can see. and the Senator from Alaska (Mr. STE- know that. You can see it all around I suggest the absence of a quorum. VENS). us. It is causing more frequent and The PRESIDING OFFICER. The Further, if present and voting, the more intense drought, wildfires, and clerk will call the roll to ascertain the Senator from Tennessee (Mr. ALEX- floods. presence of a quorum. ANDER) would have voted ‘‘no.’’ Western wildfires. I look around this The assistant legislative clerk pro- The PRESIDING OFFICER (Mr. room, and I see Senator BAUCUS, I see ceeded to call the roll, and the fol- CASEY). Are there any other Senators the Senator from California and the lowing Senators entered the Chamber in the Chamber desiring to vote? Senator from Washington. In the last and answered to their names. The result was announced—yeas 27, nays 28, as follows: 30 years, 72 more days of wildfire sea- [Quorum No. 2 Leg.] son—72 more days—lightning striking Boxer Reid Salazar [Rollcall Vote No. 143 Leg.] in those 72 days. More fires. Fires are The PRESIDING OFFICER. A YEAS—27 more intense. quorum is not present. Baucus Harkin McCaskill Boxer Johnson Nelson (NE) Floods, tornadoes. At least 110 people Mr. REID. Mr. President, I move to Brown Kerry Pryor have been killed in the United States instruct the Sergeant at Arms to re- Cantwell Klobuchar Reed so far this year by tornadoes, putting quest the presence of absent Senators, Casey Kohl Reid this year on track to be by far the and I ask for the yeas and nays. Dodd Leahy Salazar Dorgan Levin Sanders deadliest year in the history of tornado The PRESIDING OFFICER. Is there a Durbin Lieberman Schumer deaths. The average for recent years is sufficient second? Feingold Lincoln Tester 62 tornado fatalities for the entire There is a sufficient second. NAYS—28 year. We are just completing May, and The question is on agreeing to the Allard Dole Sessions we are already at 110 deaths. January motion. The yeas and nays have been Barrasso Enzi Snowe had 84 tornadoes. The 3-year average ordered, and the clerk will call the roll. Burr Graham Sununu for the month is 34. It is approximately Chambliss Grassley The legislative clerk called the roll. Thune three times the average. February had Mr. DURBIN. I announce that the Coburn Hutchison Vitter Coleman Inhofe Voinovich 148 deaths compared to a 3-year aver- Senator from Hawaii (Mr. AKAKA), the Collins Lugar Warner age of only 25. Multiply that, Mr. Senator from Indiana (Mr. BAYH), the Corker Martinez Wicker Craig McConnell President. That does not include the Senator from Delaware (Mr. BIDEN), DeMint Murkowski records that are unverified for March, the Senator from New Mexico (Mr. April, and May. One tornado season NOT VOTING—45 BINGAMAN), the Senator from West Vir- does not make a long-term climate ginia (Mr. BYRD), the Senator from Akaka Cornyn Menendez Alexander Crapo Mikulski trend. We understand that. But it Maryland (Mr. CARDIN), the Senator Bayh Domenici Murray should give Senators pause and should from Delaware (Mr. CARPER), the Sen- Bennett Ensign Nelson (FL) make them want to limit these kinds ator from New York (Mrs. CLINTON), Biden Feinstein Obama of global warming risks. the Senator from California (Mrs. FEIN- Bingaman Gregg Roberts Bond Hagel Rockefeller Global warming is easily the gravest STEIN), the Senator from Hawaii (Mr. Brownback Hatch Shelby long-term challenge that our country INOUYE), the Senator from Massachu- Bunning Inouye Smith and the world faces. It is the most crit- setts (Mr. KENNEDY), the Senator from Byrd Isakson Specter Cardin Kennedy Stabenow ical issue of our time. The American Louisiana (Ms. LANDRIEU), the Senator Carper Kyl Stevens people have a right to expect their leg- from New Jersey (Mr. LAUTENBERG), Clinton Landrieu Webb islature, their Congress to address this the Senator from New Jersey (Mr. Cochran Lautenberg Whitehouse issue. That is why we decided a number MENENDEZ), the Senator from Mary- Conrad McCain Wyden of months ago that the Senate should land (Ms. MIKULSKI), the Senator from The motion was rejected. take up climate change on June 2. We Washington (Mrs. MURRAY), the Sen- The PRESIDING OFFICER. A did so to let the American people know ator from Florida (Mr. NELSON), the quorum is present. that the Senate was prepared to act, Senator from Illinois (Mr. OBAMA), the The majority leader is recognized. and put all Members of this body on Senator from West Virginia (Mr. Mr. REID. Mr. President, I ask my notice we were going to act. Senators ROCKEFELLER), the Senator from colleagues to be patient for a short should begin preparing for this impor- Michigan (Ms. STABENOW), the Senator time. tant debate, is what we said, so we from Virginia (Mr. WEBB), the Senator First of all, these valiant people who could hit the ground running and truly from Rhode Island (Mr. WHITEHOUSE), are sitting in front of the Presiding Of- legislate on this most important issue. and the Senator from Oregon (Mr. ficer have been required today to read WYDEN) are necessarily absent. for more than 8 hours—total, without Late last month, I sought permission Mr. McCONNELL. The following Sen- any breaks, 8 hours—for no reason to proceed to the climate change bill ators are necessarily absent: the Sen- other than the Republicans are trying and was informed by the Republicans ator from Tennessee (Mr. ALEXANDER), to maintain the status quo in every- that they would object to this request; the Senator from Utah (Mr. BENNETT), thing. and they objected. Had the minority, the Senator from Missouri (Mr. BOND), Talk about this picture: reading an the Republicans, not objected last the Senator from Kansas (Mr. amendment that is done extremely month, the Senate could already be in BROWNBACK), the Senator from Ken- rarely. We had our staff check, and it is its third day of legislating on this im- tucky (Mr. BUNNING), the Senator from done every decade or so. This was a bill portant bill. Mississippi (Mr. COCHRAN), the Senator of some 500 pages. The bill has been But where do we find ourselves? We from Texas (Mr. CORNYN), the Senator available for people to read long before find ourselves confronting an orches- from Idaho (Mr. CRAPO), the Senator today. The substitute amendment has trated effort by the Republican leader from New Mexico (Mr. DOMENICI), the been ready long before today. to delay and obstruct. We have seen Senator from Nevada (Mr. ENSIGN), the As I said earlier this week, manmade this play a record number of times be- Senator from New Hampshire (Mr. pollution is causing the Earth to warm. fore this body. In 10 months we all GREGG), the Senator from Nebraska The science is crystal clear. We have know they broke the 2-year filibuster (Mr. HAGEL), the Senator from Utah for more than 100 years been taking record.

VerDate Aug 31 2005 05:59 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.052 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5016 CONGRESSIONAL RECORD — SENATE June 4, 2008 We are now, I believe, at 72 filibus- that they are prepared to go the final way to move forward on these nomina- ters for this Congress. There is one dif- mile to stretch out the final consider- tions. We had more than 80 Repub- ference in this instance. We have actu- ation of this bill before finally killing licans and a handful of Democrats. I ally been provided with a copy of a it. thought if you have the President’s page from the Republican playbook and In case anybody needed more proof Chief of Staff working on something how they intend to thwart this body about their desire, I offered, with our for several days, that should be suffi- from acting on this important legisla- staffs, several consents that would cient. But guess what happened. I am tion. This was provided to us by a lob- have stopped the obstruction we have here late at night with loyal Lula, and byist involved in Republican strategy witnessed in the past few days. My con- everybody else is gone. We asked unan- meetings. Let me read verbatim what sents would have allowed the Senate to imous consent and there was an objec- this e-mail says. It is too bad the press move forward to complete action. Isn’t tion. I called the Chief of Staff and galleries are bare because it is almost that an interesting concept? A bill is said, ‘‘What’s this all about?’’ Nothing midnight: offered—and I have been around here a happened. Remember, one of them—I The thinking now is to still use as much of long time, and some people have been personally asked Chairman DODD to do the 30 hours post-cloture on the motion to here longer than I have, but I defy any- a special meeting to get the Secretary proceed for debate on thematically-grouped one to say they have ever laid down a of Housing out of the committee. He amendments. The goal is for a theme (exam- perfect piece of legislation. held a special meeting in the Presi- ple: climate bill equals higher gas prices) That is why we have the amendment dent’s room back there. We did that for each day, and the focus is much more on process. A bill was laid down and we the President of the United States, so making political points than in amending thought there should be an opportunity the bill, changing the baseline text for any he would have a Cabinet officer in future debate or affecting policy. to try to make the bill better. That Housing. Today was the culmination of certainly wasn’t what they had in Let me repeat the last sentence: 3 days of work with the President’s mind. In keeping with the strategy Chief of Staff on nominations. We The goal is for a theme (example: climate spelled out in this Republican memo, bill equals higher gas prices) each day, and added more people than they requested. the focus is much more on making political their response was that we are not We only have 5; they are way over 80 points than in amending the bill. . . . going to allow this; we are going to ob- now. I thought we had it all worked ject, object, and object. Their obstruc- That is what they say. So this Repub- out. We called JOE BIDEN, who had a tionism is disappointing to me person- lican strategy memo could not be more hold on somebody. JOE, the man that ally and, obviously, to the American clear. The Republican plan for dealing he is—always willing to go the extra people. with the greatest challenge facing this mile to work things out—said go I repeat what I said earlier this world and this Nation is more about ahead. The person was Jim Glassman. evening. Is it any wonder that Speaker making political points than legis- Some of us know who Jim Glassman Dennis Hastert’s long-time Republican lating. Those are not my words; that is is—not exactly a bipartisan person who district, in a special election, went what they say in their memo. has been around Washington. He was Democratic? Is it any wonder a long- But there is more to this cynical going to replace Karen Hughes in that time Republican district in Louisiana strategy that is completely out of position in the State Department. We went Democratic? Is there any reason touch with this body’s obligations and worked very hard to get that com- to not understand why the special elec- the American people’s expectations. pleted and released. The reason we tion in Mississippi went Democratic? Continuing from a Republican strategy worked so hard is Mr. Bolten said they Of course not, because the American memo, I will quote: would appreciate us doing this because people are seeing what is going on here. if we don’t do it tonight, he is going to GOP anticipates a struggle over which The American people want us to do amendments are debated and eventually fin- withdraw. We went the extra mile and ger-pointing over blame for demise of the things. worked for a couple of hours getting bill. In the GOP view, this will take at least Do you know what the Republicans him cleared. We thought we had a deal. the rest of this week, and hopefully into next get glee out of doing? They are happy I give it to Lula Davis, the secretary of week. that our approval rating is about the the majority, and she submits it to the Mr. President, you could not make same as the President’s. Isn’t it won- minority and we wait all day. derful that they are a part of this body, anything up more cynical. This is the Listen to this. They have rejected it. 49 of them, and there are 51 of us, and truth and they say truth is stranger Guess what. Out of nowhere, they want they are boasting about the fact that than fiction, and this certainly is. three district court judges. I have not the people don’t think much of Con- They go on to say: talked to the chairman of the Judici- gress. Why don’t they? Look at this Re- At some point, Reid will have to move ary Committee. Senator LEAHY has al- publican memo. That should give you from the bill, and GOP plans to oppose UC ways been good on district court some inclination as to why the Amer- and potentially force debate on debatable judges. But they want three district motions, and vote against cloture on any ican people feel the way they do. court judges, and I had never even such motion. While Reid will eventually be This important legislation has been heard their names. How unfair could able to circumvent by moving to a privileged worked on very hard on a bipartisan they be? vehicle or using some other parliamentary basis. Is it perfect? Of course not. maneuver, the bottom line is that the GOP— Shouldn’t we be able to move to try to So again, Mr. President, wherever The Grand Old Party—I bet President amend this and have the old-fashioned you are—probably sleeping, as you would be happy debate to move forward on it? I com- should be—you are not going to have a about this one— mend Senators BOXER, WARNER, and Secretary of Housing because the rules very much wants to have this fight, engage LIEBERMAN. They have worked so hard, around here seem to be only for one in it for a prolonged period, and then make and I appreciate their caring about this side. I worked very hard to try to get it as difficult as possible to move off the bill. issue. this done. We are going to continue to Again, as they say, they want to At this point, I think we have some try for some basic fairness. We have an make political points. Anybody watch- very serious problems here. I will go obligation ourselves. All of the nomi- ing this debate will know the Repub- through this. We have been told what nations don’t come from the White licans have fully executed this strat- the answer is going to be. Specifically, House. We have nominations ourselves egy. What did they do today to execute to every request that we have given to to fill various positions. We will have a in making political points? That is staff as to how to proceed on this bill, new President in 7 months. I have the some political point. It is routine here there is an objection. obligation and the honor of submitting to not read the amendments, but they I want everybody here to know what names to the White House. We have said ‘‘we object.’’ So we proceeded to I have gone through a little bit. Listen some people we wish to get, too. It is have the amendment read. They exe- to this. The Thursday before we went not just a one-way street, even though cuted this strategy and they have done out, I worked very long and hard and they may think it is. it well, and they tried to make polit- spent hours working with the Presi- I think that what we have seen here ical points. I have no reason to doubt dent’s Chief of Staff, to work out some is outlandish, unfair, unreasonable, and

VerDate Aug 31 2005 07:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.055 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5017 not in keeping with this body. I have shifts, may lead to international tensions for developing countries in addressing tech- been here a while, and we work on com- and instability in regions affected and, nology transfers, adaptation, financing, de- ity. We work together. That isn’t the therefore, have implications for the national forestation, and capacity-building. way it is now. I understand how upset security interests of the United States. (20) The Major Economies Process on En- (5) The United States has the largest econ- ergy Security and Climate Change, initiated the Republicans were in November of omy in the world and is also the largest his- by President George W. Bush, seeks a con- 2006 when we got the majority. Quite torical emitter of greenhouse gases. sensus among the countries with the world’s frankly, Senator SCHUMER and I (6) The greenhouse gas emissions of the major economies on how those countries can worked closely, and we thought we United States are projected to continue to contribute to a new agreement under the might be able to get the majority, but rise. Convention. we weren’t certain. We got the major- (7) The greenhouse gas emissions of some (21) In April 2008, President Bush called for ity and we were happy—but it is a slim developing countries are rising more rapidly a ‘‘binding international agreement’’ with than the emissions of the United States and majority. My friends on the Republican participation by all countries with major will soon surpass the greenhouse gas emis- economies in ‘‘goals and policies that reflect side have to get over it. We are in the sions of the United States and other devel- their unique energy resources and economic majority, as slim as it might be. For oped countries. circumstances’’. the next 7 months, I am committed and (8) Reducing greenhouse gas emissions to (22) An effective global effort to address I will try to work with the President. the levels necessary to avoid serious cli- climate change must provide for commit- It has been difficult to do for 7 years matic disruption requires the introduction of ments and actions by all countries that are and 5 months, but I am never one who new energy technologies and other climate- major emitters of greenhouse gases, devel- friendly technologies, the use of which re- oped and developing alike, and the widely is without patience. I will continue to sults in low or no emissions of greenhouse try to move forward on nominations varying circumstances among developed and gases or in the capture and storage of green- developing countries may require that such and anything else we can work on to- house gases. commitments and actions vary. gether. (9) The 2006 Stern Review on the Econom- (23) The latest scientific evidence suggests Mr. President, I ask for the yeas and ics of Climate Change commissioned by the that anthropogenic climate change is in- nays on the substitute. United Kingdom and the 2008 World Eco- creasing and the United States has supported The PRESIDING OFFICER (Mr. nomic Outlook from the International Mone- the goal of achieving a new international tary Fund each concluded that the economic TESTER). Is there a sufficient second? agreement during 2009, both lending urgency costs of addressing climate change are lim- to the need for renewed United States leader- There is a sufficient second. ited. The yeas and nays were ordered. ship in the effort to counter global climate (10) The development and sale of climate- change. AMENDMENT NO. 4826 TO AMENDMENT NO. 4825 friendly technologies in the United States (b) SENSE OF THE SENATE.—It is the sense Mr. REID. Mr. President, I have a and internationally present economic oppor- of the Senate that— perfecting amendment to the sub- tunities for workers and businesses in the (1) the United States should act to reduce United States. stitute at the desk and I ask for its the health, environmental, economic, and (11) Climate-friendly technologies can im- national security risks posed by global cli- consideration. prove air quality by reducing harmful pollut- The PRESIDING OFFICER. The mate change and to foster sustained eco- ants from stationary and mobile sources and nomic growth through a new generation of clerk will report. can enhance energy security by reducing re- technologies by participating in negotiations The legislative clerk read as follows: liance on imported oil, diversifying energy under the United Nations Framework Con- sources, and reducing the vulnerability of The Senator from Nevada [Mr. REID] pro- vention on Climate Change, done at New energy delivery infrastructure. poses an amendment numbered 4826 to York May 9, 1992, and entered into force (12) Other industrialized countries are un- amendment No. 4825. March 21, 1994, and leading efforts in other dertaking measures to reduce greenhouse gas international fora, with the objective of se- Mr. REID. Mr. President, I ask unan- emissions, which provides the industries in curing United States participation in bind- imous consent that reading of the those countries with a competitive advan- ing agreements, consistent with the Bali Ac- amendment be dispensed with. tage in the growing global market for cli- tion Plan, that— mate-friendly technologies. The PRESIDING OFFICER. Without (A) advance and protect the economic and (13) Efforts to limit emissions growth in objection, it is so ordered. national security interests of the United developing countries in a manner that is The amendment is as follows: States; consistent with the development needs of (Purpose: To express the sense of the Senate those countries could establish significant (B) establish mitigation commitments by that the United States should address glob- markets for climate-friendly technologies all countries that are major emitters of al climate change through the negotiation and contribute to international efforts to ad- greenhouse gases, consistent with the prin- of fair and effective international commit- dress climate change. ciple of common but differentiated respon- ments) (14) The national security of the United sibilities; At the end of title XIII, insert the fol- States will increasingly depend on the de- (C) establish flexible international mecha- lowing: ployment of diplomatic, military, scientific, nisms to minimize the cost of efforts by par- ticipating countries; and SEC. 1334. SENSE OF SENATE REGARDING INTER- and economic resources for solving the prob- NATIONAL NEGOTIATIONS TO AD- lem of the overreliance of the United States (D) achieve a significant long-term reduc- DRESS GLOBAL CLIMATE CHANGE. and the world on high-carbon energy. tion in global greenhouse gas emissions; and (a) FINDINGS.—The Senate makes the fol- (15) The United States is a party to the (2) the President should support the estab- lowing findings: United Nations Framework Convention on lishment of a bipartisan Senate observer (1) There is a scientific consensus, as estab- Climate Change, done at New York May 9, group, the members of which should be des- lished by the Intergovernmental Panel on 1992, and entered into force March 21, 1994 (in ignated by the chairman and ranking mem- Climate Change and confirmed by the Na- this preamble referred to as the ‘‘Conven- ber of the Committee on Foreign Relations tional Academy of Sciences, that the contin- tion’’). of the Senate, to— ued buildup of anthropogenic greenhouse (16) The Convention sets a long-term objec- (A) monitor any international negotiations gases in the atmosphere threatens the sta- tive of stabilizing greenhouse gas concentra- on climate change; and bility of the global climate. tions in the atmosphere at a level that would (B) ensure that the responsibility of the (2) The 2007 Fourth Assessment Report of prevent dangerous anthropogenic inter- Senate under article II, section 2 of the Con- the Intergovernmental Panel on Climate ference with the climate system. stitution of the United States to provide ad- Change concluded that most of the global (17) The Convention establishes that par- vice and consent to the President with re- warming observed since the mid-20th century ties bear ‘‘common but differentiated respon- spect to treaties be carried out in a manner is very likely due to anthropogenic green- sibilities’’ for efforts to achieve the objective to facilitate timely consideration of any ap- house gas emissions and that anthropogenic of stabilizing greenhouse gas concentrations. plicable treaty submitted to the Senate. warming is strongly linked to many observed (18) At the December 2007 United Nations Mr. REID. Mr. President, I ask for physical and biological impacts. Climate Change Conference in Bali, the the yeas and nays. (3) There are significant long-term risks to United States and other parties to the Con- The PRESIDING OFFICER. Is there a the economy and the environment of the vention adopted the Bali Action Plan with sufficient second? United States from the temperature in- the aim of reaching a new global agreement There is a sufficient second. creases and climatic disruptions that are in 2009. The yeas and nays were ordered. projected to result from increased green- (19) The Bali Action Plan calls for a shared AMENDMENT NO. 4827 TO AMENDMENT NO. 4826 house gas concentrations. vision on long-term cooperative action, in- (4) The potential impacts of global climate creased mitigation efforts from developed Mr. REID. Mr. President, I have a change, including long-term drought, fam- and developing countries that are measur- second-degree amendment at the desk, ine, mass migration, and abrupt climatic able, reportable, and verifiable, and support and I ask for its consideration.

VerDate Aug 31 2005 05:59 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.055 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5018 CONGRESSIONAL RECORD — SENATE June 4, 2008 The PRESIDING OFFICER. The ants from stationary and mobile sources and nomic growth through a new generation of clerk will report. can enhance energy security by reducing re- technologies by participating in negotiations The legislative clerk read as follows: liance on imported oil, diversifying energy under the United Nations Framework Con- sources, and reducing the vulnerability of vention on Climate Change, done at New The Senator from Nevada [Mr. REID] pro- poses an amendment numbered 4827 to energy delivery infrastructure. York May 9, 1992, and entered into force amendment No. 4826. (12) Other industrialized countries are un- March 21, 1994, and leading efforts in other dertaking measures to reduce greenhouse gas international fora, with the objective of se- Mr. REID. Mr. President, I ask unan- emissions, which provides the industries in curing United States participation in bind- imous consent that reading of the those countries with a competitive advan- ing agreements, consistent with the Bali Ac- amendment be dispensed with. tage in the growing global market for cli- tion Plan, that— The PRESIDING OFFICER. Without mate-friendly technologies. (A) advance and protect the economic and objection, it is so ordered. (13) Efforts to limit emissions growth in national security interests of the United The amendment is as follows: developing countries in a manner that is States; (Purpose: To express the sense of the Senate consistent with the development needs of (B) establish mitigation commitments by that the United States should address glob- those countries could establish significant all countries that are major emitters of al climate change through the negotiation markets for climate-friendly technologies greenhouse gases, consistent with the prin- of fair and effective international commit- and contribute to international efforts to ad- ciple of common but differentiated respon- ments) dress climate change. sibilities; (14) The national security of the United For the amendment, strike all after the (C) establish flexible international mecha- word ‘‘SEC’’ on line 2 and insert the fol- States will increasingly depend on the de- nisms to minimize the cost of efforts by par- lowing: ployment of diplomatic, military, scientific, ticipating countries; and and economic resources for solving the prob- 1334. SENSE OF SENATE REGARDING INTER- (D) achieve a significant long-term reduc- NATIONAL NEGOTIATIONS TO AD- lem of the overreliance of the United States tion in global greenhouse gas emissions; and DRESS GLOBAL CLIMATE CHANGE. and the world on high-carbon energy. (2) the President should support the estab- (a) FINDINGS.—The Senate makes the fol- (15) The United States is a party to the lishment of a bipartisan Senate observer lowing findings: United Nations Framework Convention on group, the members of which should be des- (1) There is a scientific consensus, as estab- Climate Change, done at New York May 9, ignated by the chairman and ranking mem- lished by the Intergovernmental Panel on 1992, and entered into force March 21, 1994 (in ber of the Committee on Foreign Relations Climate Change and confirmed by the Na- this preamble referred to as the ‘‘Conven- of the Senate, to— tional Academy of Sciences, that the contin- tion’’). (A) monitor any international negotiations ued buildup of anthropogenic greenhouse (16) The Convention sets a long-term objec- on climate change; and gases in the atmosphere threatens the sta- tive of stabilizing greenhouse gas concentra- (B) ensure that the responsibility of the bility of the global climate. tions in the atmosphere at a level that would Senate under article II, section 2 of the Con- (2) The 2007 Fourth Assessment Report of prevent dangerous anthropogenic inter- stitution of the United States to provide ad- the Intergovernmental Panel on Climate ference with the climate system. vice and consent to the President with re- Change concluded that most of the global (17) The Convention establishes that par- spect to treaties be carried out in a manner ties bear ‘‘common but differentiated respon- warming observed since the mid-20th century to facilitate timely consideration of any ap- sibilities’’ for efforts to achieve the objective is very likely due to anthropogenic green- plicable treaty submitted to the Senate. house gas emissions and that anthropogenic of stabilizing greenhouse gas concentrations. The provisions of this section shall become warming is strongly linked to many observed (18) At the December 2007 United Nations effective in 7 days after enactment. physical and biological impacts. Climate Change Conference in Bali, the United States and other parties to the Con- AMENDMENT NO. 4828 (3) There are significant long-term risks to Mr. REID. Mr. President, I have an the economy and the environment of the vention adopted the Bali Action Plan with United States from the temperature in- the aim of reaching a new global agreement amendment at the desk and I ask for creases and climatic disruptions that are in 2009. its consideration. projected to result from increased green- (19) The Bali Action Plan calls for a shared The PRESIDING OFFICER. The house gas concentrations. vision on long-term cooperative action, in- clerk will report. (4) The potential impacts of global climate creased mitigation efforts from developed The legislative clerk read as follows: and developing countries that are measur- change, including long-term drought, fam- The Senator from Nevada [Mr. REID] pro- able, reportable, and verifiable, and support ine, mass migration, and abrupt climatic poses an amendment numbered 4828 to the for developing countries in addressing tech- shifts, may lead to international tensions language proposed to be stricken by amend- nology transfers, adaptation, financing, de- and instability in regions affected and, ment No. 4825. therefore, have implications for the national forestation, and capacity-building. security interests of the United States. (20) The Major Economies Process on En- Mr. REID. Mr. President, I ask unan- (5) The United States has the largest econ- ergy Security and Climate Change, initiated imous consent that reading of the omy in the world and is also the largest his- by President George W. Bush, seeks a con- amendment be dispensed with. torical emitter of greenhouse gases. sensus among the countries with the world’s The PRESIDING OFFICER. Without (6) The greenhouse gas emissions of the major economies on how those countries can objection, it is so ordered. United States are projected to continue to contribute to a new agreement under the The amendment is as follows: rise. Convention. At the end of the bill, add the following: (7) The greenhouse gas emissions of some (21) In April 2008, President Bush called for The provision of this Act shall become ef- developing countries are rising more rapidly a ‘‘binding international agreement’’ with fective 5 days after enactment. than the emissions of the United States and participation by all countries with major will soon surpass the greenhouse gas emis- economies in ‘‘goals and policies that reflect Mr. REID. Mr. President, I ask for sions of the United States and other devel- their unique energy resources and economic the yeas and nays. oped countries. circumstances’’. The PRESIDING OFFICER. Is there a (8) Reducing greenhouse gas emissions to (22) An effective global effort to address sufficient second? the levels necessary to avoid serious cli- climate change must provide for commit- There is a sufficient second. matic disruption requires the introduction of ments and actions by all countries that are The yeas and nays were ordered. new energy technologies and other climate- major emitters of greenhouse gases, devel- AMENDMENT NO. 4829 TO AMENDMENT NO. 4828 friendly technologies, the use of which re- oped and developing alike, and the widely Mr. REID. Mr. President, I have a sults in low or no emissions of greenhouse varying circumstances among developed and second-degree amendment at the desk. gases or in the capture and storage of green- developing countries may require that such house gases. commitments and actions vary. The PRESIDING OFFICER. The (9) The 2006 Stern Review on the Econom- (23) The latest scientific evidence suggests clerk will report. ics of Climate Change commissioned by the that anthropogenic climate change is in- The legislative clerk read as follows: United Kingdom and the 2008 World Eco- creasing and the United States has supported The Senator from Nevada [Mr. REID] pro- nomic Outlook from the International Mone- the goal of achieving a new international poses an amendment numbered 4829 to tary Fund each concluded that the economic agreement during 2009, both lending urgency amendment No. 4828. costs of addressing climate change are lim- to the need for renewed United States leader- Mr. REID. I ask unanimous consent ited. ship in the effort to counter global climate that reading of the amendment be dis- (10) The development and sale of climate- change. pensed with. friendly technologies in the United States (b) SENSE OF THE SENATE.—It is the sense and internationally present economic oppor- of the Senate that— The PRESIDING OFFICER. Without tunities for workers and businesses in the (1) the United States should act to reduce objection, it is so ordered. United States. the health, environmental, economic, and The amendment is as follows: (11) Climate-friendly technologies can im- national security risks posed by global cli- In the amendment, strike ‘‘5’’ and insert prove air quality by reducing harmful pollut- mate change and to foster sustained eco- ‘‘4’’.

VerDate Aug 31 2005 05:59 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.056 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5019 CLOTURE MOTION There is a sufficient second. Climate Security Act of 2008, is de- Mr. REID. Mr. President, I have a The yeas and nays were ordered. signed to use the revenues generated cloture motion at the desk on the sub- AMENDMENT NO. 4832 TO AMENDMENT NO. 4831 from the auctioning of the greenhouse stitute amendment, and I ask that it Mr. REID. Mr. President, I have a gas allowances for tax relief. be stated. second-degree amendment to the in- A cap-and-trade system proposed in The PRESIDING OFFICER. The clo- structions at the desk, and I ask for its this legislation will generate billions of ture motion having been presented consideration. dollars. The Congressional Budget Of- under rule XXII, the Chair directs the The PRESIDING OFFICER. The fice estimates that the Boxer sub- clerk to read the motion. clerk will report. stitute will generate $902 billion in rev- The legislative clerk read as follows: The legislative clerk read as follows: enues during the initial 10 years of the CLOTURE MOTION The Senator from Nevada [Mr. REID] pro- program. We, the undersigned Senators, in accord- poses an amendment numbered 4832 to As chairman of the Finance Com- ance with the provisions of rule XXII of the amendment No. 4831. mittee, I have a responsibility to direct Standing Rules of the Senate, hereby move The amendment is as follows: Federal revenues to the purposes that to bring to a close debate on the substitute In the amendment strike ‘‘2’’ and insert the committee, initially, and the Sen- amendment No. 4825 to S. 3036, the ‘‘1’’. ate, ultimately, consider in the best in- Lieberman-Warner Climate Security Act. Mr. FEINGOLD. Mr. President, I am terest of the country. Barbara Boxer, John Warner, Joseph Ms. COLLINS. Mr. President, I am Lieberman, Tom Harkin, Robert pleased that the Senate is finally de- Menendez, Bill Nelson, Thomas R. Car- bating legislation, S. 3036, addressing proud to be an original cosponsor of per, Sheldon Whitehouse, Charles E. the serious problem of climate change. the Lieberman-Warner Climate Secu- Schumer, Frank R. Lautenberg, Dianne For years, Congress and the White rity Act. This bill addresses the most Feinstein, Joseph R. Biden, Jr., John House have ignored or downplayed the significant environmental challenge F. Kerry, Robert P. Casey, Jr., Patrick scientific consensus and failed to act facing our country. The scientific evi- J. Leahy, Richard Durbin, Harry Reid. on this pressing issue. That delay is in- dence clearly demonstrates the human Mr. REID. Mr. President, I ask that excusable. contribution to climate change. Ac- the mandatory quorum call be waived. The details of S. 3036 are as com- cording to recent reports from the The PRESIDING OFFICER. Without plicated as they are important, and, Intergovernmental Panel on Climate objection, it is so ordered. given the potential implications for Change, increases in greenhouse gas AMENDMENT NO. 4830 our economy, our energy policies and emissions have already increased glob- Mr. REID. Mr. President, I move to our planet, we need to take the time to al temperatures, and likely contributed commit the bill to the Environment make sure we get them right. A num- to more extreme weather events such and Public Works Committee with in- ber of questions have been raised about as droughts and floods. These emis- structions to report back forthwith elements of the bill we are considering, sions will continue to change the cli- with an amendment. and I look forward to considering mate, causing warming in most regions The PRESIDING OFFICER. The amendments to address some of these of the world, and likely causing more clerk will report. concerns. But one thing is clear, and droughts, floods, and many other soci- The legislative clerk read as follows: that is the need to establish a cap-and- etal problems. The Senator from Nevada [Mr. REID] moves trade program to reduce total domestic In the United States alone, emissions to commit the bill to the Environment and greenhouse emissions. of the primary greenhouse gas, carbon Public Works Committee, with instructions To avoid the significant costs and dioxide, have risen more than 20 per- to report back forthwith, with an amend- consequences of climate change, lead- cent since 1990. Climate change is the ment numbered 4830. ing scientists inform us that we must most daunting environmental chal- Mr. REID. Mr. President, I ask unan- stabilize global atmospheric concentra- lenge we face and we must develop rea- imous consent that the reading of the tions of greenhouse gases below 450 sonable solutions to reduce our green- amendment be dispensed with. parts per million and prevent the tem- house gas emissions. The PRESIDING OFFICER. Without perature from increasing above 3.6 de- I have observed in person the dra- objection, it is so ordered. grees Fahrenheit above pre-industrial matic effects of climate change and The amendment is as follows: levels. To achieve these reductions, I had the opportunity to be briefed by At the end, insert the following: am a cosponsor of legislation intro- the preeminent experts. In 2006, on a This section shall become effective 3 days duced by Senator SANDERS, S. 309, that trip to Antarctica and New Zealand, after enactment of the bill. would require that such emissions be for example, I learned more about re- Mr. REID. I ask for the yeas and reduced by 80 percent from 1990 levels search by scientists at the University nays. by 2050. of Maine. Distinguished National Acad- The PRESIDING OFFICER. Is there a I hope that this debate marks a new emy of Sciences member George Den- sufficient second? recognition of the need for meaningful ton took us to sites in New Zealand There is a sufficient second. Federal action to address a threat that that had been buried by massive gla- The yeas and nays were ordered. has been neglected for far too long. ciers at the beginning of the 20th cen- AMENDMENT NO. 4831 Though the challenge before us is tury, but are now ice free. Fifty per- Mr. REID. Mr. President, I have an great, the cost of inaction is even cent of the glaciers in New Zealand amendment to the instructions at the greater. have melted since 1860—an event un- desk and ask for its consideration. Mr. BAUCUS. Mr. President, the precedented in the last 5,000 years. We The PRESIDING OFFICER. The amendment I am filing to S. 3036, the could clearly see the glacial moraines, clerk will report. Lieberman-Warner Climate Security where dirt and rocks had been pushed The legislative clerk read as follows: Act of 2008, is aimed at preserving the up in piles around the glacial terminus The Senator from Nevada [Mr. REID] pro- legislative process. With an issue as in 1860. I thought it was remarkable to poses an amendment numbered 4831 to the complex and wide-ranging as climate stand in a place where some 140 years instructions of the motion to commit. change, there are several committees ago I would have been covered in tens Mr. REID. I ask unanimous consent within the Senate that not only have or hundreds of feet of ice, and then to that the reading of the amendment be an interest but a responsibility to deal look far up the mountainside and see dispensed with. with some aspects of the cap-and-trade how distant the edge of the ice is The PRESIDING OFFICER. Without system we develop. This amendment today. objection, it is so ordered. will assure that the appropriate com- In Antarctica, I visited the Clean Air The amendment is as follows: mittees of the Congress will have the Station at the South Pole. Being the On line 1, strike ‘‘3’’ and insert ‘‘2’’. opportunity to consider those aspects farthest place on Earth from major Mr. REID. I ask for the yeas and of a cap-and-trade proposal within emissions sources, the South Pole has nays. their jurisdiction. the cleanest air on Earth, and thus pro- The PRESIDING OFFICER. Is there a Mr. President, the amendment I am vides an excellent place to measure the sufficient second? filing to S. 3036, the Lieberman-Warner background quality of the Earth’s air.

VerDate Aug 31 2005 07:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.059 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5020 CONGRESSIONAL RECORD — SENATE June 4, 2008 By analyzing carbon dioxide in ice companies that receive emission allow- to Calendar No. 743, S. 3044, and send a cores, scientists have been able to cre- ances over the entire 42-year life of the cloture motion to the desk. ate reliable measurements of atmos- program. In Florida, electric coopera- The PRESIDING OFFICER. The clo- pheric carbon dioxide going back over tives serve more than 1,000,000 Florid- ture motion having been presented hundreds of thousands of years. The ians in 58 of our 67 counties. Most of under rule XXII, the Chair directs the measurements of carbon dioxide at these rural electric cooperatives own clerk to read the motion. Clean Air Station provide a reliable fossil fuel-fired powerplants. The assistant legislative clerk read comparison to document the impact of I was recently in Florida and held a as follows: human activity on increasing carbon series of town hall meetings across the CLOTURE MOTION dioxide concentrations in recent years State and heard from rural coopera- We, the undersigned Senators, in accord- compared to the last hundreds of thou- tives that are concerned about the way ance with the provisions of rule XXII of the sands of years. The melting is even emission allocations are distributed Standing Rules of the Senate, hereby move to bring to a close debate on the motion to more dramatic in the Northern Hemi- under the substitute amendment. Can my friend from Connecticut ad- proceed to S. 3044, the Consumer-First En- sphere. In the last 30 years, the Arctic ergy Act of 2008. has lost sea ice cover over an area 10 dress their concern and explain how al- Harry Reid, Barbara Boxer, Charles E. times as large as the State of Maine, lowances are available to rural co- Schumer, Sheldon Whitehouse, Robert and at this rate will be ice free by 2050. operatives under the Boxer-Lieberman- P. Casey, Jr., Patty Murray, Debbie In 2005 in Barrow, AK, I witnessed a Warner substitute amendment? Stabenow, Benjamin L. Cardin, Daniel melting permafrost that is causing Mr. LIEBERMAN. Mr. President, I K. Akaka, Jack Reed of Rhode Island, telephone poles, planted years ago, to thank my friend, the senior Senator Claire McCaskill, Christopher J. Dodd, Amy Klobuchar, Patrick J. Leahy, Bar- lean over for the first time ever. from Florida, for his question. I would be glad to address the con- bara A. Mikulski, Frank R. Lauten- I also learned about the potential im- berg, Carl Levin. pact of sea level rise during my trips to cern that rural electric cooperatives in Mr. REID. Mr. President, I ask unan- these regions. If the West Antarctica Florida have brought to him. Let me reassure him, and them, that imous consent that the cloture vote Ice Sheet were to collapse, for example, the substitute amendment does include occur on Tuesday, June 10, at 12 noon sea level would rise 15 feet, flooding rural electric cooperatives among the with 20 minutes immediately prior to many coastal cities. In their 2007 re- local distribution companies that re- the vote equally divided and controlled port, the IPCC found that due even just ceive free emission allowances over the by the two leaders or their designees, to gradual melting of ice sheets, the entire 42-year life of the program. with the majority leader controlling average predicted sea level rise by 2100 And let me reassure him, and them, the final 10 minutes. will be 1.6 feet, but could be as high as that the substitute amendment does Mr. MCCONNELL. I object. 1 meter, or almost 3 feet. In Maine a 1- include rural electric cooperatives The PRESIDING OFFICER. Objec- meter rise in sea level will cause the among the fossil fuel-fired powerplant tion is heard. loss of 20,000 acres of land, include 100 owners that receive free emission al- Mr. REID. I suggest the absence of a acres of downtown Portland—including lowances over a transitional period quorum. Commercial Street, a major business that lasts from 2012 through 2030. As in The PRESIDING OFFICER. The thoroughfare along the water. Already the committee-reported version of the clerk will call the roll. in the past 94 years, a 7 inch rise in sea bill, the separate allocation of free The legislative clerk proceeded to level has been documented in Portland. emission allowances that is exclusive call the roll. The time has come to take meaning- to rural electric cooperatives in the Mr. REID. Mr. President, I ask unan- ful action to respond to climate substitute amendment is additional to imous consent that the order for the change. My colleagues worked tire- the free emission allowances that rural quorum call be dispensed with. The PRESIDING OFFICER. Without lessly in recent months to develop leg- electric cooperatives receive as local islation that will preserve our environ- objection, it is so ordered. distribution companies and as fossil- Mr. REID. I now ask that the cloture ment for future generations while pro- fuel-powerplant owners. Under the sub- viding reasonable emission reduction motion be withdrawn. stitute amendment, as under the com- The PRESIDING OFFICER. Without goals, offsets, and incentives for the in- mittee-reported bill, rural electric co- dustries covered by the bill. objection, it is so ordered. The cloture operatives in Montana and Virginia are motion is withdrawn. I applaud the leadership of my col- the only rural electric cooperatives in leagues from Virginia, Connecticut, Mr. REID. I suggest the absence of a the country that receive free emission quorum. and California in bringing this bill to allowances solely from an exclusive al- The PRESIDING OFFICER. The the floor this week. location and not also from the bill’s clerk will call the roll. RURAL COOPERATIVES local-distribution-company and fossil- The legislative clerk proceeded to Mr. NELSON of Florida. Mr. Presi- fuel-powerplant allocations. Indeed, call the roll. dent, I rise to engage in a colloquy there is a provision in the substitute Mr. REID. Mr. President, I ask unan- with my friend, the junior Senator amendment, section 552(c)(2)(C) that imous consent that the order for the from Connecticut. I was pleased to co- would be mere surplussage if the case quorum call be dispensed with. sponsor the Lieberman-Warner Climate were otherwise. The PRESIDING OFFICER. Without Security Act shortly after it was intro- Mr. NELSON of Florida. Mr. Presi- objection, it is so ordered. duced last October, and I followed its dent, I thank my friend from Con- Mr. REID. Mr. President, I have al- progress through the Environment and necticut for the clarification. ready expressed my appreciation to the Public Works Committee with interest. f staff for all their hard work. I have Today, the full Senate will begin con- been informed by the minority that we sidering that bill, and Senator BOXER, CONSUMER-FIRST ENERGY ACT OF need not be around here tonight having the chairman of the Environment and 2008—MOTION TO PROCEED to vote on our ability to adjourn, so Public Works Committee, will offer a Mr. REID. Mr. President, I ask unan- Senators, if they wish, can leave now substitute amendment that she has imous consent that the Senate proceed and the two of us will terminate busi- worked out with Senators LIEBERMAN to Calendar No. 743, S. 3044, the Con- ness. I thank everybody for their pa- and WARNER. I have a question for my sumer-First Energy Act of 2008, at a tience. I am sorry they had to come friend from Connecticut regarding this time to be determined by the majority back tonight. substitute amendment. leader, following consultation with the f As the Senator from Connecticut Republican leader. knows, many rural electric coopera- The PRESIDING OFFICER. Is there UNANIMOUS-CONSENT tives in this country serve the role of objection? AGREEMENT—H.R. 6124 local distribution companies. The com- Mr. MCCONNELL. I object. Mr. REID. Mr. President, I ask unan- mittee-reported version of the Climate CLOTURE MOTION imous consent that at 4 p.m. on Thurs- Security Act included rural electric co- Mr. REID. Mr. President, in light of day, June 5—that is tomorrow—the operatives among the local distribution that objection, I now move to proceed Senate proceed to the consideration of

VerDate Aug 31 2005 07:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.047 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5021 Calendar No. 753, H.R. 6124; that there Other efforts will be made to drive that cept a procedure under which no be 60 minutes of debate divided in the point home. amendments would be offered. Now, following manner, and upon the use or And just keeping the commitment Mr. President, by any objective stand- yielding back of the time, the Senate that was made for May—that was not ard, that is not a serious effort to legis- vote on passage of the bill: Senator kept—is not enough. We are seven late. You can’t cram a measure of this DEMINT, 30 minutes; Senator COBURN, judges away from equaling President magnitude down the throat of the Sen- 20 minutes; 10 minutes total to be con- Clinton in the last 2 years of his term— ate or the American people with that trolled by the bill managers, Senator 15. Time is ticking away. That commit- little scrutiny or observation. HARKIN and Senator CHAMBLISS; fur- ment should be kept for the good of With regard to the notion that some- ther, that no amendments be in order this institution. how everybody had a chance to look at to the bill. I think it is important to remind our this bill, we got it at 11:15 this morn- The PRESIDING OFFICER. Without good friends on the other side of the ing—the substitute at 11:15 this morn- objection, it is so ordered. aisle that the shoe might be on the ing. You could argue that the vast ma- Mr. REID. Mr. President, let me ex- other foot. They might be making the jority of the Members on this side of plain, this is the never-ending farm nominations. Why would they want to the aisle were reading it for the first bill. We are going to try it again. To- set a precedent such as this that could time along with the clerks. So this morrow we hope we can pass it and come back to bite them so quickly? hasn’t been laying around for months. send it to the President quickly. We There is a growing sense of anger on The idea that we would go to such a hope to send it to the White House in this side of the aisle over this issue, measure may have been around for a the next day or so. The House has al- and what tends to go around comes while, and it was—and the majority ready approved it. This will take care around in the Senate. This is a prece- leader did indicate we would go to this of the clerical error we had previously. dent we ought not to set, and I think bill after the Memorial Day recess, but The PRESIDING OFFICER. The Re- the adults on the other side of the aisle what was going to be in it? We learned publican leader. understand that this is a precedent about that this morning. Mr. MCCONNELL. Mr. President, I that ought not to be set for the good of Thirdly, with regard to nominations, hardly know where to start, but let me either party. So we will be continuing we were prepared to move a nomina- start with the issue of judges. to look for opportunities to make the tions package tonight, but the nomina- The reason it was necessary to make point that commitments ought to be tions package that was presented was our hard-working and dedicated cler- kept. basically negotiated between the ical staff here read the amendment Now, with regard to the underlying Democratic majority and the White today was to make the Senate under- bill, let me disabuse our colleagues or House. There is another entity, and stand that commitments are impor- anyone else who may be listening of that is the Republicans in the Senate. tant. The most important thing Sen- the notion that members of the Repub- We sought to make some adjustments ators have—the currency of the realm, lican conference are not interested in to the nominations package, which, in- if you will, in the Senate—is their having amendments on this bill. This is terestingly enough, included some dis- word. When you give your word, you the most massive reorganization of the trict judges who are on the Executive are supposed to keep your word. American economy since the 1930s— Calendar. Now, district judges have not On the issue of judicial confirma- some believe a $6.7 trillion tax in- typically been controversial. Are we tions, my good friend the majority crease. Looking at Kentucky alone, it now to believe that even district judges leader and I discussed this matter pub- could mean up to $6,000 a year for my who have come out of the committee licly at the beginning of this Congress, people, and the GAO says a 53-cents-a- and are on the calendar are a matter of and we agreed that President Bush, in gallon gas tax increase over the next 20 controversy? Is there nothing on which the last 2 years of his term, should be years. we can agree? Is that the Senate treated as well as President Reagan, No matter how you look at this—my today? Bush 41, and President Clinton were good friend the majority leader says Somebody needs to—and I think it is treated in the last 2 years of their ten- this is necessary to save the planet—no incumbent upon the majority leader ures in office because there was one matter how you look at it, it is an im- and myself—to restore a certain level common thread, and that was that the portant bill. This is an important bill. of comity around here so we can func- Senate was controlled by the opposi- This is no small bill, and we are being tion. How in the world did the situa- tion party. put in the position, with the tree being tion deteriorate to the point where dis- What has become contentious around filled tonight and with cloture being trict judges who have been reported here in recent years is the confirma- filed, to have this massive, significant out of the committee and are sitting tion of circuit judges. So we agreed we bill in effect voted on without any here on the calendar are a matter of ought to try to hit the average for each amendments. controversy? of those Presidents in the last 2 years An interesting parallel—and I see my That is where we are as of the of their terms, and the average was 17. good friend the Senator from Virginia, evening of June 4, and I think we need The low number was President Clinton, who is actually a supporter of this bill to have some serious discussions off with 15. That was the goal. It was clear and a cosponsor of it, sitting here in the floor of the Senate as to how we by April of this year that there was no the Chamber. He and I were here in can unravel the problems that have intent to meet that goal, and so we had 1990, as was the majority leader, when been created by the mistreatment of a skirmish here on the floor over going we did the clean air amendments, the circuit judge nominations of the to a bill. We reached an agreement. which was a major piece of legislation. President of the United States. I think The majority leader indicated we It was not as big as this bill but a big, we need to remind ourselves that when would do three circuit judges before important bill. The Democrats were in we make commitments to our col- the Memorial Day recess. We did one. control of the House and Senate. There leagues here in the Senate, they need That commitment was not kept. was a Republican in the White House. to be kept. And it is time to stop this Now, the Senate is not the House. How did we handle the clean air sort of spiral downward that has devel- The minority does have rights in the amendments of 1990 under George oped as a result of the apparent refusal Senate. Most things that are accom- Mitchell, then the Democratic leader? to make any serious effort to keep plished in the Senate are accomplished We had 5 weeks of debate on the floor commitments which have been made, on a bipartisan, cooperative basis. of the Senate and we had 180 amend- which colleagues depend on, and which Members of the Republican conference ments. Everybody knew it was an im- are essential to the Senate functioning believe strongly that commitments portant measure. It deserved the atten- the way it needs to function. ought to be kept. So by the reading of tion and the participation of 100 Mem- Mr. President, one final observation the amendment today, people got a bers of the Senate, not 1 Member—the about the underlying bill. We have en- chance to think about the importance majority leader—determining which joined the debate on this bill and would of commitments in this body that can amendments would get to be offered love to be able to amend it. We think it only function when our word is kept. and in the end asking the Senate to ac- is not a 1-week bill; we think it is

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And at LEAHY expedited Judiciary Committee among conservatives—which is unfor- whatever point the majority gets seri- consideration of two seats to the tunate; to bring in the judiciary, the ous about climate change legislation, Michigan Sixth Circuit Court of Ap- independent Federal judiciary, and then we need to set aside enough time peals in light of the pledge I made. make them a political tool. to give the entire Senate an oppor- These nominations were the result of I was reminded once when my chil- tunity first of all to read it and, sec- many years of negotiations between dren were young, one of them asked ond, to offer serious amendments to the White House and Michigan Sen- me, they said: Dad, what is the expres- the measure. ators. This has been going on for 6 sion ‘‘crocodile tears’’? I tried to ex- I think probably enough has been years. plain to them what crocodile tears are, said today about where we are. Hope- Unfortunately, Republicans on the and I couldn’t help but think tonight, fully, tomorrow, after a good night’s Judiciary Committee objected to expe- listening to our good friends on the sleep, we can take a look at all these dited consideration of the Michigan other side—if my children were still matters and see if we can get the Sen- nominees. One of them had already young, I would say: There, now you un- ate back on track to develop a level of been approved to be a Federal district derstand what crocodile tears are. comity necessary for us to function in court judge. This is now to be a circuit We had, last year—and the distin- the way in which the Senate has his- court judge. He already had an ABA ap- guished leader has referred to this; the torically functioned. proval of high ranking, high approval. Democrats were in charge, me as chair- I yield the floor. They said: No, we want the ABA find- man, Senator REID as majority lead- The PRESIDING OFFICER. The ma- ings again before we are allowed to do er—we reported 40 judicial nominations jority leader. anything. As a result, it was impossible to the Senate, and all 40 were con- Mr. REID. Mr. President, I would to have the Senate consider these two firmed each of the 3 years prior, with a hope my friend the distinguished Re- additional nominees before the recess, Republican majority, Republican publican leader would stay on the floor despite my best efforts. chairman. That is more than they did. a brief time. The chairman of the Judi- We have treated President Bush’s ju- It is interesting, in fact, since Presi- ciary Committee is here, the Demo- dicial nominations with far greater dent Bush has been in office this is the cratic assistant leader is here, and they deference than President Clinton was third time we have been in the major- have a few things to say and I have a afforded by a Republican-controlled ity—one of those times very briefly. few things to say. Senate. Mr. President, 70 Clinton nomi- Republicans have been in the majority Mr. President, let me say, first of all, nees were denied hearings or floor con- three times. Guess who moved—— with all due respect to my friend the sideration. Three-quarters of President Mr. MCCONNELL. Did the majority distinguished Republican leader, the Bush’s court of appeals nominees have leader yield for a question? substitute has been around for 2 weeks. been confirmed while only half of Mr. LEAHY. If I can answer my ques- The summary has been around. Anyone President Clinton’s appellate nomina- tion—— who had a question about this, all they tions were confirmed. My friend says Mr. MCCONNELL. Parliamentary in- had to do was call Senator BOXER, Sen- what goes around comes around. We quiry: Is it permissible to yield for a ator LIEBERMAN, or Senator WARNER. are not following that because we be- statement? They know this bill upside and down- lieve we should not treat them like Mr. LEAHY. To further answer the side. So to say they just got it today, they treated us. I said that a long time question. that is how we do things here; the sum- ago, and we have not. We have been Mr. MCCONNELL. Is it permissible to mary has been around a couple of generous in what we have done. The yield—— weeks. Anyone who wanted to see the lowest vacancy rate in the Federal sys- The PRESIDING OFFICER. The Sen- guts of the bill could look at it. tem for decades is what we now have. ator may only yield for a question. Mr. MCCONNELL. Would the leader Last year the Senate confirmed 40 Mr. MCCONNELL. Is a question being yield just for an observation? judges, more than during any of the asked by the Senator from Vermont? Mr. REID. I will in a short time, but three previous years with Republicans Mr. LEAHY. Mr. President, I will not let me also say this. I only point this in charge. Let me say to my friend, and ask how the distinguished Senator out to show how Orwellian my friend’s I am going to yield to the chairman of from Kentucky would define crocodile statements are. They wish they could the Judiciary Committee—let me say tears, but I ask this question of the dis- offer amendments on the bill? Now, to my friend, the distinguished Repub- tinguished majority leader: Was he think about that for a minute. Why lican leader: Everyone knows, even aware that during the time when aren’t we offering amendments on the though it sometimes has been painful Democrats have been in charge, during bill? Because they won’t let us. We for all of us, that the chairman of the President Bush’s tenure, we have con- have tried working, as I have indicated, Judiciary Committee wants a recorded firmed judges at a faster pace than in every possible way—two amend- vote on these judges. That has been a when the Republicans were in charge? ments, germane, relevant, five amend- standard rule that we have had. Was the distinguished majority leader ments. No. We have three on the calendar, and I aware of that? So I would also say, with judges, let understand two more you reported out Mr. REID. There is no question about the world understand that there is no today, or very recently. We have five that. crisis in the judiciary. The Federal ju- district court judges. I say to my Mr. LEAHY. Mr. President, just one diciary vacancy rate is the lowest it friend, the Judiciary Committee mem- other point, if I might. Was the major- has been in decades—not a few days, ber who takes as much guff as any ity leader aware that on at least a cou- weeks, months, years—decades. Member of the Senate because of this ple of occasions, for circuit court of ap- I, with the consent and under- committee, he has the most sensitive peals judges, when I came back from standing of my friend, PAT LEAHY, the issues that come before this body, and Vermont during a recess to hold a chairman of the Judiciary Committee, he holds up very well and is a patient hearing at the request of Republicans pledged that I would use my good faith man. But as I say, I ask the question because they were anxious to get these to have the Senate consider three court through the Chair to my friend: Has court of appeals judges through, that of appeals nominees before the Memo- anyone come to you in the last week the Republicans then criticized me for rial Day recess. I didn’t say who they and said they wanted to do a district coming back and holding the hearings would be. And we tried very hard. court judge? and getting them confirmed? Is the I stated explicitly that we couldn’t Mr. LEAHY. If the Senator will yield leader aware of that? guarantee—and that is in the record—I without losing his right to the floor, Mr. REID. I very definitely am. couldn’t guarantee the outcome be- nobody has. In fact, as I listen to this Mr. President, let me say this. I cause it depended on factors beyond my colloquy, I was wondering what was would say through the Chair to my control. The Senate did in fact confirm going on until I read in the Washington friend, the distinguished Republican Virginia Supreme Court Judge Steven Times the Republican fixation on leader, the district court judges, the

VerDate Aug 31 2005 06:24 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.064 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5023 first I heard about them was tonight, controversial, too, particularly those to in the Senate. Take our word for it. whatever time it was—late this who have been reported out of the com- We are not trying to deep six these peo- evening. Senator LEAHY and I are mittee and been on the calendar for 6 ple. This is the first time I ever heard happy to take a look at these district weeks or so? about it. court judges. We will work together Mr. REID. Mr. President, it was just Mr. SESSIONS. Will the majority and see what can be done with them. shown to me by my valiant staff—we leader yield for a question? But I say to my friend, I would hope have a judge from Virginia. We have Mr. REID. I will be happy to yield for that you would reconsider taking us at Warner and we have Webb from Vir- a question. our word. We will take a look at the ginia. They get along very well. I am Mr. SESSIONS. I appreciate the district court judges. Senator LEAHY sure that is something we will take a many challenges the majority leader has said he has never been talked to look at. Missouri, the Senators there has, and a lot of difficult people. Some- about it. I never have been. We focused work well together. We have another times cats are hard to herd, as Trent on the circuit court judges. I say to my Senator from Mississippi—these are Lott used to say. But the deal and the friend, you want to talk about ‘‘let’s things we can take a look at. I can concern was so great—if I could ask the get back to doing things the way we say—we are not here under oath, but I majority leader—what about the un- used to,’’ let’s do the Executive Cal- never heard of these judges until just derstanding we thought existed that endar. And the district court judges, now. We will take a look at them. I there would be confirmed an average we will take a look at those. can’t see why we can’t work out some- number of circuit court of appeals Mr. MCCONNELL. Will the majority thing and get them approved in the judges this Congress, which would be 17 leader yield for a question? next little bit. or so nominees? Is that still afoot or is Mr. REID. I will be happy to. Mr. LEAHY. Will the distinguished that somehow being forgotten? We hear Mr. MCCONNELL. I am aware of the majority leader yield for a question? talk that maybe few if any more cir- rules of the Senate. Three judges on Mr. REID. Yes. cuit judges will be confirmed. That is the calendar have been there since Mr. LEAHY. Is the leader aware this what has caused a great deal of angst is the first I heard that anybody want- April 24. These are not people who just on this side of the aisle. popped out of the committee yester- ed to? Not a single member of the Sen- Mr. REID. We committed to do the day. ate Judiciary Committee on the Repub- three judges. We got one done. We will Mr. REID. Mr. President, I have been lican side even raised to me that they do our best to get two done. But we wanted to move forward with them. Is here for a long time—with Senator have been held up doing that as the the distinguished majority leader Daschle, I was here on the floor for 6 member of the Judiciary Committee aware that when the Republicans were years. I have been here for almost 4 understands. We had to wait for the in the majority, when they had judges years now in my capacity as Demo- ABA report to come in again. I don’t they wanted moved they usually wait- cratic leader. The standard operating know where that stands, but we are ed to put them on until after the re- procedure—and this is in the hearing moving forward on those, and we are quest had come from our side to put range of the distinguished chairman of going to try to do our very best to get them on? Was the leader aware of that? the committee who was the ranking those done as soon as we can. Was the leader aware of the fact that member during part of that time—it al- Mr. SESSIONS. If the majority lead- nobody—nobody—has raised this? In ways happened. Somebody brings to er will yield, that wasn’t precisely my fact, the first I heard about it was an our attention: We have a judge. Can question. The overall question is—and hour ago. you help me with it? We don’t auto- Mr. REID. I say to my friend, the Re- there are quite a number of judges matically do the judges. publican leader, we have no intention pending, and more should be moved out Nobody asked me. We never worked of stalling, not taking care of district of committee if there is not a blockage that way with the judges. We have a court judges. But let us take a look at going on. Are we going to reach—is it very heavy calendar, and Senator them. I don’t know if there is some—I the majority leader’s intention to LEAHY—and I support it every step of don’t know. They are reported out of reach the average as we thought an un- the way. We don’t do it in wrap-up. We the committee, they are on the floor, derstanding existed to do? have votes on these judges. there should be no problems with them, Mr. REID. Mr. President, I try to be I say to my friend, the Republican and we will do our best to look at a very patient man. I know my friend, leader, we will be happy to look at the them. But I say to my friend, these whom I complimented publicly on the district court judges. In the entire con- things I want to get done tonight—this floor, didn’t mean what he said this versations we have had dealing with is a Cabinet officer. We have a man, morning about me. circuit court judges—I understand why Jim Glassman, Under Secretary of I am sure if that were brought to his they are probably more important than State, who—the President’s Chief of attention, he would ask that to be district court judges. They are all life- Staff says he is going to withdraw his taken from the RECORD because it is in time appointments, a pretty good deal. name. He is tired of waiting. He has to violation of the rules; basically, that I I hope he would take us at our word, get a job someplace. I want to get these was clueless. I am sure he did not mean and we will work to try to move done. that, but that is what he said. And peo- through these at some reasonable fash- As I say, there are some 80 of them or ple said it is a violation of rule XIX. ion and get these done because if we more. We will work on these. I tell you I say first to my friend from Ala- don’t do it tonight, tomorrow some- I would even give my friend, the Re- bama, he said that. Was it something body is going to object to something publican leader—Senator LEAHY and I he did not really mean, that I was else. I don’t think you lose one—— will work on these three district court clueless? Because that is an insult. I Mr. MCCONNELL. Can I further in- judges. I read the names. We will try to would ask my friend, did you really quire of the majority leader, what does do them in the next week or so. OK? mean that I was clueless? ‘‘take a look at’’ mean? Mr. LEAHY. As I said, at least I Mr. SESSIONS. If I was violating a Mr. REID. First of all, I literally would like to discuss them with the rule or saying anything to insult the mean that. I don’t know what States ranking member. majority leader, I would apologize be- they are from. I don’t know whether Mr. MCCONNELL. Will the leader cause I do respect the majority leader. the Senators are Democrats, Repub- yield for a question? He always treated me fairly, as I think licans, States with both. We have not Mr. REID. Of course. he does most people in the Senate. I let that stand in our way in the past Mr. MCCONNELL. My assumption is think he is so recognized. with district court judges, but there if they are on the calendar and made it But we have a difficult challenge. may be somebody who doesn’t like one out of the committee, they are not con- But my response, the reason I was a of them for some reason. You know troversial. How about scheduling a little bit aggressive on that was be- how things go around here. I can’t vote? We don’t have to do it tomorrow. cause the majority leader knows that imagine it would be all of them. Can we even schedule one? on Monday afternoon in his speech, he Mr. MCCONNELL. I would ask my Mr. REID. The Republican leader was very hard on the Republican lead- friend further, are district judges now said we want to work the way we used er, Senator MCCONNELL, and he said

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I appre- then I will leave—of the distinguished that no further motions be in order; ciate what my friend said because even majority leader. Was he aware that, provided further that the President be though he and I disagree on a lot of when talking statistics, I committed immediately notified of the Senate’s things, I do not know of a Member of not to follow the precedent of the Re- action and the Senate return to legisla- the Senate who is more sincere in what publicans when President Clinton was tive session. he does than the Senator from Ala- the President, their precedent of pock- The PRESIDING OFFICER. Is there bama. et filibustering over 60 of President objection? Mr. MCCONNELL. Can I ask a ques- Clinton’s nominees? Was the distin- Mr. MCCONNELL. Can I have a brief tion, and maybe we can make some guished majority leader aware that I quorum call? progress here? If we can schedule some will not follow that precedent and we Mr. REID. I suggest the absence of a of these I think completely non- will not pocket filibuster 60 or any- quorum. controversial district judges—the where near that? The PRESIDING OFFICER. The chairman of the Judiciary Committee Mr. REID. I would answer my friend clerk will call the roll. is here. We would like to move the in addition to that, the Thurmond Rule The legislative clerk proceeded to nominations package. is after June 1. There is no Thurmond call the roll. Mr. REID. Let me say to my friend Rule, is there? Mr. REID. I ask unanimous consent the Republican leader—— Mr. LEAHY. He is right. that the order for the quorum call be Mr. MCCONNELL. We are not talking I ask the leader one last question on rescinded. about clearing the judges in connection why I mentioned the Washington The PRESIDING OFFICER. Without with this package, we are talking Times story about the motivation for objection, it is so ordered. about scheduling votes, and the man this. Was he aware that one of the cir- Mr. REID. Mr. President, difficult you have to clear it with is right there. cuit court nominees whom we held up day. Tomorrow is not going to be that Mr. REID. They are on the calendar. for a number of appropriate reasons— easy either. We are almost into the Let me say this one thing to my friend. that even after that nominee was con- morrow, in another minute or so. Hope- We have a Judiciary Committee mem- victed of criminal fraud that occurred fully, tomorrow will be less conten- ber here. I pride myself in not running while his nomination was pending, we tious. There are some difficult things my committees. Some leaders have were still criticized for holding up that we have to work through tomorrow. tried to do that; I do not do that. I nominee? It is kind of you are damned But hopefully we will get the farm bill want to do the best I can in moving cir- if you do and damned if you don’t. passed again, we will have some good cuit court judges, and we have done Mr. REID. I say, we will get this debate on global warming. Everyone knows I have moved to the fairly well in very trying cir- done. Energy bill to see what is with that. I cumstances. Mr. MCCONNELL. I think we are So I say to my friend the Senator close to an understanding here that al- would hope we can move forward—we from Alabama, I have made a commit- lows us to clear this nominations pack- have 3 more weeks left in this work pe- ment to do three circuit court judges. I age. You have your chairman here, and riod—and get some things done. We will live up to that to the best of my I am authorized to speak for the rank- have some extremely important things ability. I said prior to the May recess: ing member on this issue. to get done, not only the global warm- I cannot guarantee that, but I am Did the majority leader say, in con- ing thing, we have the bill that the going to do my best. I think that it is sultation with his chairman, that we Democrats and Republicans want to do extending a number of tax extensions something Senator LEAHY and I have could expect to schedule these votes to move forward on. within the next week or so on these which has to be done. Part of it in- I ask my friend and I say to the Re- noncontroversial district court judges? cludes things related to global warm- publican leader, trust us on this. I said Mr. REID. That is what I said. ing and renewable energy. We have a Mr. MCCONNELL. Then I think we publicly here that we will do some- doctor’s Medicare fix and some other have reached an understanding that thing to try to schedule these within things that are extremely important would certainly lead me to think we the next week. We have a few impor- we have to do this work period. Sen- ought to go forward with the nomina- tant things, but that does not take ators SHELBY and DODD have worked tions package you have been working long to do that—an hour, an hour and out an agreement on housing and re- on with the administration. a half. ported it out of the Banking Com- I ask my friend the Judiciary Com- f mittee on a 9-to-2 vote. So I would hope we can move forward. I am dis- mittee chairman whether we can work EXECUTIVE SESSION to try to get some votes scheduled on appointed in today. But I have learned, these three whom I noted in the next being in the Senate, to put today be- week. EXECUTIVE CALENDAR hind you and move on to tomorrow. The PRESIDING OFFICER. There is Mr. LEAHY. Well, Mr. President, to Mr. REID. I ask unanimous consent a unanimous consent request on the answer the distinguished leader, as I that the Senate proceed to executive floor. Is there objection? always assume the Republican leader session to consider Calendar Nos. 376, Without objection, it is so ordered. to do because this has been the prac- 405, 462, 571, 572, 573, 575–581, 583–591, 593, The nominations considered and con- tice, certainly as long as he has been in 595–598, 600–601, except BG Thomas firmed en bloc are as follows: the Senate—perhaps he has forgotten— Lawing; 602–611, except CPT Donald E. UNITED STATES POSTAL SERVICE is that the chairman of these commit- Gaddis; 612–623; that the Banking Com- tees sets a time for a vote, and it is al- Ellen C. Williams, of Kentucky, to be a mittee be discharged of the nomination Governor of the United States Postal Service most always, as a matter of courtesy, of Steven C. Preston to be Secretary of for a term expiring December 8, 2014. at least, discussed with the ranking HUD, PN1646; that the following be dis- DEPARTMENT OF STATE minority member. I realize the hour is charged from the HELP Committee; In- James K. Glassman, of Connecticut, to be late and the Republican leader may stitute of Peace: Stephen Krasner, Under Secretary of State for Public Diplo- have forgotten that. But it has been PN1450; Dr. Ikram Khan, PN1449; J. macy with the rank of Ambassador. my practice to always discuss the time Robinson West, PN1447; Nancy Zirkin, POSTAL REGULATORY COMMISSION of the vote with the ranking member, PN1446; and Kerry Kennedy, PN1448. Nanci E. Langley, of Virginia, to be a Com- as he did with me when he was chair- Corporation for National and Com- missioner of the Postal Regulatory Commis- man. munity Service: Eric Tannenblatt, sion for a term expiring November 22, 2012.

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DEPARTMENT OF COMMERCE cially distinguished service over a sustained Colonel Cecilia I. Flores William J. Brennan, of Maine, to be Assist- period. Colonel Sheryl E. Gordon ant Secretary of Commerce for Oceans and William J. Burns, of the District of Colum- Colonel Peter C. Hinz Atmosphere. bia, a Career Member of the Senior Foreign Colonel Robert A. Mason Lily Fu Claffee, of Illinois, to be General Service, Class of Career Minister, for the per- Colonel Bruce E. Oliveira Counsel of the Department of Commerce. sonal rank of Career Ambassador in recogni- Colonel David C. Petersen tion of especially distinguished service over Colonel Charles W. Rhoads DEPARTMENT OF STATE a sustained period. Colonel Rufus J. Smith Marcia Stephens Bloom Bernicat, of New Anne Woods Patterson, of Virginia, a Ca- Colonel James B. Todd Jersey, a Career Member of the Senior For- reer Member of the Senior Foreign Service, Colonel Joe M. Wells eign Service, Class of Minister-Counselor, to Class of Career Minister, for the personal be Ambassador Extraordinary and Pleni- The following named officer for appoint- rank of Career Ambassador in recognition of ment as the Vice Chief of Staff of the Army potentiary of the United States of America especially distinguished service over a sus- to the Republic of Senegal, and to serve con- and to the grade indicated while assigned to tained period. a position of importance and responsibility currently and without additional compensa- C. David Welch, of Virginia, a Career Mem- tion as Ambassador Extraordinary and Plen- under title 10, U.S.C., sections 601 and 3034: ber of the Senior Foreign Service, Class of To be general ipotentiary of the United States of America Career Minister, for the personal rank of Ca- to the Republic of Guinea-Bissau. reer Ambassador in recognition of especially Lt. Gen. Peter W. Chiarelli Marianne Matuzic Myles, of New York, a distinguished service over a sustained period. IN THE NAVY Career Member of the Senior Foreign Serv- Janice L. Jacobs, of Virginia, a Career The following named officer for appoint- ice, Class of Minister-Counselor, to be Am- Member of the Senior Foreign Service, Class ment in the United States Navy to the grade bassador Extraordinary and Plenipotentiary of Minister-Counselor, to be an Assistant indicated while assigned to a position of im- of the United States of America to the Re- Secretary of State (Bureau of Consular Af- portance and responsibility under title 10, public of Cape Verde. fairs), vice Maura Ann Harty, resigned. U.S.C., section 601: Linda Thomas-Greenfield, of Louisiana, a Career Member of the Senior Foreign Serv- IN THE AIR FORCE To be vice admiral ice, Class of Minister-Counselor, to be Am- The following named officer for appoint- Rear Adm. Harry B. Harris, Jr. bassador Extraordinary and Plenipotentiary ment in the United States Air Force to the The following named officers for appoint- of the United States of America to the Re- grade indicated under title 10, U.S.C., section ment in the United States Navy Reserve to public of Liberia. 8069: the grade indicated under title 10, U.S.C., Joseph Evan LeBaron, of Oregon, a Career To be major general section 12203: Member of the Senior Foreign Service, Class Col. Kimberly A. Siniscalchi To be rear admiral of Minister-Counselor, to be Ambassador Ex- traordinary and Plenipotentiary of the The following named officer for appoint- Rear Adm. (lh) Julius S. Caesar United States of America to the State of ment in the United States Air Force to the Rear Adm. (lh) Wendi B. Carpenter Qatar. grade indicated while assigned to a position Rear Adm. (lh) Garland P. Wright Stephen James Nolan, of Virginia, a Career of importance and responsibility under title The following named officer for appoint- Member of the Senior Foreign Service, Class 10, U.S.C., section 601: ment in the United States Navy to the grade of Minister-Counselor, to be Ambassador Ex- To be lieutenant general indicated while assigned to a position of im- portance and responsibility under title 10, traordinary and Plenipotentiary of the Maj. Gen. Mark D. Shackelford United States of America to the Republic of U.S.C., section 601: The following named officer for appoint- Botswana. To be vice admiral ment in the United States Air Force to the Donald E. Booth, of Virginia, a Career Rear Adm. William H. McRaven Member of the Senior Foreign Service, Class grade indicated while assigned to a position The following named officer for appoint- of Minister-Counselor, to be Ambassador Ex- of importance and responsibility under title ment in the United States Navy to the grade traordinary and Plenipotentiary of the 10, U.S.C., section 601: indicated while assigned to a position of im- United States of America to the Republic of To be lieutenant general portance and responsibility under title 10, Zambia. Maj. Gen. Philip M. Breedlove U.S.C., section 601: Gillian Arlette Milovanovic, of Pennsyl- The following named officer for appoint- To be vice admiral vania, a Career Member of the Senior For- ment as the Chief of Air Force Reserve and eign Service, Class of Minister-Counselor, to appointment to the grade indicated while as- Rear Adm. Michael C. Vitale be Ambassador Extraordinary and Pleni- signed to a position of importance and re- The following named officer for appoint- potentiary of the United States of America sponsibility under title 10, U.S.C., sections ment in the United States Navy to the grade to the Republic of Mali. 601 and 8038: indicated under title 10, U.S.C., section 624: Donald Gene Teitelbaum, of Texas, a Ca- To be rear admiral reer Member of the Senior Foreign Service, To be lieutenant general Class of Minister-Counselor, to be Ambas- Maj. Gen. Charles E. Stenner, Jr. Rear Adm. (lh) Raymond E. Berube sador Extraordinary and Plenipotentiary of The following named officer for appoint- The following named officers for appoint- the United States of America to the Republic ment in the United States Army to the grade ment in the United States Navy to the grade of Ghana. indicated while assigned to a position of im- indicated under title 10, U.S.C., section 624: Robert Stephen Beecroft, of California, a portance and responsibility under title 10, To be rear admiral Career Member of the Senior Foreign Serv- U.S.C., section 601: Rear Adm. (lh) Richard R. Jeffries ice, Class of Counselor, to be Ambassador Ex- To be lieutenant general Rear Adm. (lh) David J. Smith traordinary and Plenipotentiary of the The following named officers for appoint- United States of America to the Hashemite Brig. Gen. John F. Mulholland, Jr. ment in the United States Navy to the grade Kingdom of Jordan. The following Army National Guard of the indicated under title 10, U.S.C., section 624: Richard E. Hoagland, of the District of Co- United States officers for appointment in the lumbia, a Career Member of the Senior For- Reserve of the Army to the grades indicated To be rear admiral (lower half) eign Service, Class of Minister-Counselor, to under title 10, U.S.C., sections 12203 and Capt. David F. Baucom be Ambassador Extraordinary and Pleni- 12211: Capt. Vincent L. Griffith potentiary of the United States of America To be major general The following named officers for appoint- to the Republic of Kazakhstan. Brigadier General Stephen E. Bogle ment in the United States Navy to the grade Peter William Bodde, of Maryland, a Ca- Brigadier General James G. Champion indicated under title 10, U.S.C., section 624: reer Member of the Senior Foreign Service, Brigadier General Joseph J. Chaves To be rear admiral (lower half) Class of Minister-Counselor, to be Ambas- Brigadier General Myles L. Deering sador Extraordinary and Plenipotentiary of Capt. David C. Johnson Brigadier General Mark E. Zirkelbach the United States of America to the Republic Capt. Thomas J. Moore of Malawi. To be brigadier general The following named officers for appoint- Patricia McMahon Hawkins, of Virginia, a Colonel Roma J. Amundson ment in the United States Navy to the grade Career Member of the Senior Foreign Serv- Colonel Mark E. Anderson indicated under title 10, U.S.C., section 624: ice, Class of Counselor, to be Ambassador Ex- Colonel Ernest C. Audino To be rear admiral (lower half) traordinary and Plenipotentiary of the Colonel David A. Carrion-Baralt Capt. Maude E. Young United States of America to the Togolese Colonel Jeffrey E. Bertrang The following named officers for appoint- Republic. Colonel Timothy B. Britt ment in the United States Navy to the grade Richard A. Boucher, of Maryland, a Career Colonel Lawrence W. Brock, III indicated under title 10, U.S.C., section 624: Member of the Senior Foreign Service, Class Colonel Melvin L. Burch of Career Minister, for the personal rank of Colonel Scott E. Chambers To be rear admiral (lower half) Career Ambassador in recognition of espe- Colonel Donald J. Currier Capt. Michael H. Anderson

VerDate Aug 31 2005 06:24 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.069 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5026 CONGRESSIONAL RECORD — SENATE June 4, 2008 Capt. William R. Kiser United States Institute of Peace for a term and appeared in the Congressional Record of The following named officer for appoint- expiring January 19, 2011. May 13, 2008. ment in the United States Navy to the grade Kerry Kennedy, of New York, to be a Mem- IN THE FOREIGN SERVICE indicated under title 10, U.S.C., section 624: ber of the Board of Directors of the United States Institute of Peace for a term expiring PN1563 FOREIGN SERVICE nominations To be rear admiral (lower half) January 19, 2011. (300) beginning Craig Lewis Cloud, and end- Capt. Norman R. Hayes ing Kimberly K. Ottwell, which nominations CORPORATION FOR NATIONAL AND COMMUNITY were received by the Senate and appeared in The following named officer for appoint- SERVICE ment in the United States Navy to the grade the Congressional Record of April 15, 2008. Eric J. Tanenblatt, of Georgia, to be a indicated under title 10, U.S.C., section 624: PN1594 FOREIGN SERVICE nominations Member of the Board of Directors of the Cor- (7) beginning Carmine G. D’Aloisio, and end- To be rear admiral (lower half) poration for National and Community Serv- ing Judy R. Reinke, which nominations were Capt. William E. Leigher ice for a term expiring October 6, 2012. received by the Senate and appeared in the The following named officer for appoint- Layshae Ward, of Minnesota, to be a Mem- Congressional Record of April 23, 2008. ber of the Board of Directors of the Corpora- ment in the United States Navy to the grade IN THE NAVY indicated while assigned to a position of im- tion for National and Community Service for portance and responsibility under title 10, a term expiring December 27, 2012. PN1613 NAVY nominations (21) beginning U.S.C., section 601: Hyepin Christine Im, of California, to be a STANLEY A. OKORO, and ending DAVID B. Member of the Board of Directors of the Cor- ROSENBERG, which nominations were re- To be vice admiral poration for National and Community Serv- ceived by the Senate and appeared in the Rear Adm. William E. Gortney ice for a term expiring October 6, 2013. Congressional Record of April 24, 2008. The following named officer for appoint- NOMINATIONS PLACED ON THE SECRETARY’S PN1618 NAVY nomination of Robert S. ment in the United States Navy to the grade DESK McMaster, which was received by the Senate indicated while assigned to a position of im- and appeared in the Congressional Record of IN THE AIR FORCE portance and responsibility under title 10, April 28, 2008. U.S.C., section 601: PN1465 AIR FORCE nominations (5) begin- PN1619 NAVY nomination of Christopher ning LONNIE B. BARKER, and ending S. Kaplafka, which was received by the Sen- To be vice admiral JERRY P. PITTS, which nominations were Vice Adm. Melvin G. Williams, Jr. ate and appeared in the Congressional received by the Senate and appeared in the Record of April 28, 2008. The following named officer for appoint- Congressional Record of March 11, 2008. PN1673 NAVY nomination of David R. ment in the United States Navy to the grade PN1615 AIR FORCE nominations (2) begin- Eggleston, which was received by the Senate indicated while assigned to a position of im- ning ERIC L. BLOOMFIELD, and ending and appeared in the Congressional Record of portance and responsibility under title 10, DEBORAH L. MUELLER, which nominations May 13, 2008. U.S.C., section 601: were received by the Senate and appeared in PN1674 NAVY nominations (6) beginning To be vice admiral the Congressional Record of April 28, 2008. KATHERINE A. ISGRIG, and ending JASON PN1670 AIR FORCE nominations (3) begin- Rear Adm. David J. Dorsett C. KEDZIERSKI, which nominations were re- ning MARY J. BERNHEIM, and ending ceived by the Senate and appeared in the The following named officer for appoint- KELLI C. MACK, which nominations were Congressional Record of May 13, 2008. ment in the United States Navy to the grade received by the Senate and appeared in the PN1675 NAVY nominations (6) beginning indicated while assigned to a position of im- Congressional Record of May 13, 2008. portance and responsibility under title 10, PN1671 AIR FORCE nominations (8) begin- ROBERT D. YOUNGER, and ending JEF- U.S.C., section 601: ning JAMES E. OSTRANDER, and ending FREY W. WILLIS, which nominations were received by the Senate and appeared in the To be vice admiral FRANK J. NOCILLA, which nominations Congressional Record of May 13, 2008. Rear Adm. (lh) Kevin M. McCoy were received by the Senate and appeared in The following named officer for appoint- the Congressional Record of May 13, 2008. f ment in the United States Navy to the grade IN THE ARMY LEGISLATIVE SESSION indicated while assigned to a position of im- PN1603 ARMY nomination of Cheryl Amyx, portance and responsibility under title 10, which was received by the Senate and ap- The PRESIDING OFFICER. Under U.S.C., section 601: peared in the Congressional Record of April the previous order, the Senate will re- To be vice admiral 23, 2008. turn to legislative session. PN1604 ARMY nomination of Deborah K. The Senator from California. Vice Adm. William D. Crowder Sirratt, which was received by the Senate The following named officer for appoint- and appeared in the Congressional Record of f ment in the United States Navy to the grade April 23, 2008. CLIMATE SECURITY indicated while assigned to a position of im- PN1605 ARMY nominations (2) beginning portance and responsibility under title 10, MARK A. CANNON, and ending MICHAEL J. Mrs. BOXER. I was hoping that I U.S.C., section 601: MILLER, which nominations were received could engage my friend the majority To be vice admiral by the Senate and appeared in the Congres- leader as the chairman of the Environ- Rear Adm. Peter H. Daly sional Record of April 23, 2008. ment and Public Works Committee. He PN1606 ARMY nominations (2) beginning DEPARTMENT OF JUSTICE has entrusted me, and my colleagues GENE KAHN, and ending JAMES D. TOWN- Elisebeth C. Cook, of Virginia, to be an As- SEND, which nominations were received by have, and I do not think we should sistant Attorney General. the Senate and appeared in the Congres- leave here without me asking you a William Walter Wilkins, III, of South Caro- sional Record of April 23, 2008. couple of questions because I think lina, to be United States Attorney for the PN1607 ARMY nominations (7) beginning people who were watching this debate District of South Carolina for the term of LOZAY FOOTS III, and ending MARGARET were very confused. I wanted to make four years. L. YOUNG, which nominations were received sure I ask a series of questions to my DEPARTMENT OF HOMELAND SECURITY by the Senate and appeared in the Congres- friend, and then we will all go home be- sional Record of April 23, 2008. Paul A. Schneider, of Maryland, to be Dep- cause it is time to go home. uty Secretary of Homeland Security. PN1608 ARMY nominations (5) beginning We expected to have a robust debate HOUSING AND URBAN DEVELOPMENT PHILLIP J. CARAVELLA, and ending PAUL S. LAJOS, which nominations were received on the global warming bill and finally Steven C. Preston, of Illinois, to be Sec- by the Senate and appeared in the Congres- get this country off of fossil fuel, off of retary of Housing and Urban Development. sional Record of April 23, 2008. foreign oil, off of big oil. And we found INSTITUTE OF PEACE PN1616 ARMY nomination of Jimmy D. that although my understanding was Stephen D. Krasner, of California, to be a Swanson, which was received by the Senate the majority leader had no idea about Member of the Board of Directors of the and appeared in the Congressional Record of United States Institute of Peace for a term April 28, 2008. this, the Republican side, of course, expiring January 19, 2011. PN1617 ARMY nomination of Ronald J. forced the clerks to read the amend- Ikram U. Khan, of Nevada, to be a Member Sheldon, which was received by the Senate ment, which took us 6 to 7 hours or so of the Board of Directors of the United and appeared in the Congressional Record of and took us all the way into the night; States Institute of Peace for a term expiring April 28, 2008. is that correct? January 19, 2009. PN1663 ARMY nominations (11) beginning Mr. REID. I say to my friend, I have J. Robinson West, of the District of Colum- BRIAN M. BOLDT, and ending CHRIS- had the good fortune to be chairman of bia, to be a Member of the Board of Directors TOPHER L. TRACY, which nominations of the United States Institute of Peace for a were received by the Senate and appeared in your committee twice; one of them was term expiring January 19, 2011. the Congressional Record of May 8, 2008. a very short period of time because we Nancy M. Zirkin, of Maryland, to be a PN1672 ARMY nomination of James K. were in the majority for a little while. Member of the Board of Directors of the McNeely, which was received by the Senate It is a wonderful committee, and I do

VerDate Aug 31 2005 06:54 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.077 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5027 not know of a better committee in the Senators first thing in the later hours gle most important issue for the sur- whole Congress—so many important of the morning and tell them to vote vival of the planet. things to do and deal with. Not only is yes to allow this debate to move for- I yield the floor. the distinguished Senator from Cali- ward. The PRESIDING OFFICER. The Sen- fornia, who represents almost 40 mil- I thank my leaders, my majority ator from Alabama. lion people—she is a person who is suit- leader and the assistant majority lead- Mr. SESSIONS. Mr. President, I will ed to be the chairman of this com- er, for their courage in scheduling this, add my thoughts that it is an impor- mittee like no other committee chair- for standing up for the American peo- tant issue for us to deal with, global man we have ever had. I know where ple, and for doing everything they warming, and energy security and your heart is. I have known you for 26 could to get us to a full debate. If we elimination of pollution and a healthy years. We came here in 1982 together. don’t have it now, we will have it when economy not being damaged by exces- And this piece of legislation—you we have a President in the White sive imports of oil or high prices of oil. worked on it on a bipartisan basis—is a House—and you know where I come We wish to deal with that. This bill is good piece of legislation. Is it perfect? down on that one—who is going to send a tremendously large bill that dwarfs The chairman acknowledged it is not a over a bill here, and we will get started the prior Clean Air Act of 1990 in sig- perfect bill. on this work and get it done. nificance. I wish to say what happened But I would only say to the chairman I guess, because I have to ask the tonight was the majority leader, uti- of the Committee, I do not think the question, I will ask you, my friend, if lizing the power of his recognition, has American people are confused at all. I you look forward to that day. now filled the tree and not one amend- think they know what has happened. Mr. REID. I say to my friend, if not ment can be offered, as I understand We have seen today a situation where now, when? If not now, when are we the procedures, he does not agree to. we have read into the RECORD the Re- going to debate this most important When we did the Clean Air Act, some publican’s play book; that is, they are issue? I feel very good that this com- 200 or more amendments were offered, 5 playing political games, they are stall- mittee, led by Senator BOXER, was able weeks was spent on it, and 130 amend- ing, they do not want to deal with the to report out of that committee, under ments, as I recall, were disposed of in most important issues we face in the the most trying circumstances, be- some fashion. So we have this tremen- world today—global warming. They cause of the courage of one Republican dous bill we want to talk about. want to wait, hoping above hope that by the name of JOHN WARNER of Vir- I would suggest it is as plain as day something will happen in November ginia, was able to get enough votes to that as people learn more about it, and that they will be in the majority. put this bill on the floor. I go to the they are going to be even more con- Mrs. BOXER. Isn’t it true that as a playbook of the Republicans on this. cerned than they are today and less result of these dilatory tactics and Listen to this: supportive of it and hostile to it. That slowing us down and making us waste The focus is much more on making polit- is why it looks to me like an effort is 30 hours to proceed, to get to a motion ical points than amending the bill. under way to put the Republican Mem- to proceed and then doing all this, isn’t I didn’t make this up. That is what bers who would like to offer amend- it true it puts us into a terrible bind they said. ments and discuss the bill in a position here? We know the days have to be The PRESIDING OFFICER. The as- where they have no realistic possibility filled with legislative work. They have sistant majority leader. to do so in a meaningful way. This will stopped work to fight for the status Mr. DURBIN. Because it is after mid- end with a whimper. The bill can be quo. They have stopped us in our night and the staff has gone through so withdrawn because the majority does tracks on this issue. I guess what I much today reading this bill, I will not want to stay on it because they would like to say, yes, we will go to a make my comments brief. It is hard to can’t defend the massive nature of it, vote. Because the Republicans don’t believe how much time we wasted the incredible intervention into the seem—there is a few of them over there today when we could have been consid- economy by Washington bureaucracies who help us, but most of them won’t ering the global warming bill and pass- that will be created, the trillions of help us. We may not be able to move ing and considering important amend- dollars that will have to be raised forward on this bill. At this late time ments. Now we find ourselves past mid- through this cap and trade, which is of night, I ask the majority leader to night, after wasting hour after hour, nothing more than a way to tax car- comment, and that will be the end of when the Republican minority asked bon. I wish to protest a moment. We my questions, I know there are a lot of the amendment be read, every word of know what is happening. Anybody who people out there who are still up and it read into the record, when that was is sophisticated here knows this bill is watching, believe me, especially a lot totally unnecessary, an amendment not going to pass. It is losing what sup- of people in your home State and my which was available to us days ago, at port it had. An effort is underway by home State. They understand this. least in summary form weeks ago, a the Democratic majority to figure a They understand what is happening. total waste of time. It is a continued way to pull the bill and then blame the Eighty-nine percent of the people effort by the Republican side of the Republicans because we want to talk polled said: Do something about global aisle to slow down and stop any effort about it, and we want to entertain a warming. The faith-based groups want to make progress on legislation people discussion about it. We wish to offer it. The scientists are telling us this is care about across America. amendments to make it better. That is right. It is all their party has left. GOP the truth. Tomorrow or I should say later stands for graveyard of progress. They It disturbs me a little bit to hear the today, we will have an amazing press don’t want us to do anything. Today comments that have been made earlier. conference with John Warner, myself they wasted an entire day of the Sen- I know we have had a long day. But I and others, with former military peo- ate. wish to make clear this is not an itty- ple testifying to the fact that global I will close by saying, what troubles bitty issue. This is a tremendous issue warming is one of the looming threats me the most is that the Republican mi- of great importance, both to the world, to our national security. Still, the nority leader would come to the floor our economy, and to the environment. other side would stop us from getting with this sense of urgency about three We need to do better. We can do better. to energy independence, stopping us district court Federal judges, a sense of I hope maybe in the morning things from getting off foreign oil, stopping us urgency, yet does not share that same will be in a better posture. I don’t from getting off big oil and using these sense of urgency about the global think, with regard to the cap-and-trade ludicrous arguments about gas prices warming that is changing the world we bill, that the majority is going to want when, under George Bush’s watch and live in. The world will little note nor to see it go forward. That indicates a their watch, gas prices went up 250 per- long remember those three judges, as lack of confidence in their own legisla- cent in 7 years and, in less than 1 year, good as they may be individually, but tion. 82 cents. It is ridiculous. it will remember that we wasted an en- I thank the Chair and yield the floor. I hope the people hearing us tonight tire day and perhaps wasted our best The PRESIDING OFFICER. The as- will pick up their phones and call their efforts this session to take up the sin- sistant majority leader.

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.068 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5028 CONGRESSIONAL RECORD — SENATE June 4, 2008 Mr. DURBIN. The RECORD speaks for The Chicago 2016 organizers, the U.S. was paying last respects to one of Dela- itself. First, the Republicans insisted Olympic Committee, and the people of ware’s finest citizens and a man who on the entire 30 hours, that the 30 Chicago deserve praise for a job well was a good friend to me for the past hours be set aside for general debate on done. four decades. I am speaking of William the bill before we could reach an Because of their fine efforts, Chicago T. ‘‘Bill’’ McLaughlin, also known as amendment. We gave them their 30 is well prepared to face stiff competi- ‘‘Mr. Mayor,’’ who passed away last hours for general debate and asked tion from the three remaining cities— Friday. He presided as Mayor of Wil- them during that period of time to Madrid, Rio de Janeiro, and Tokyo. mington from 1977 to 1984 and shaped it produce the list of amendments that Chicago is a diverse city with culture as the financial center it is today. This they wanted to consider on the bill. We and history to inspire people around morning I attended the mass in his gave them a list of amendments we the world. From our beautiful down- honor and presented the eulogy. would start with. The first was a bipar- town parks to magnificent lakefront to tisan amendment, Senators BIDEN and terrific sports venues, Chicago is a f LUGAR. When we asked them for world-class city that has what it takes amendments to the bill, once again, to bring the Olympics back to the Mid- FURTHER CHANGES TO S. CON. they failed to produce the list. It was west for the first time in over 100 RES. 21 very clear what was going on. years. Then they proceeded, unfortunately, Last October, Chicago demonstrated Mr. CONRAD. Mr. President, section to tax the energy and stamina of the its ability to host a major inter- 308(a) of S. Con. Res. 21, the 2008 budget staff by having them read every word national sporting event, when 557 box- resolution, permits the chairman of the of the bill into the record, a complete ers and several thousand other visitors Senate Budget Committee to revise the waste of time. First, we burned off 30 from more than a hundred countries allocations, aggregates, and other ap- hours in general debate with no amend- traveled to Chicago for the World Box- propriate levels and limits in the reso- ments being produced by the Repub- ing Championships, a qualifying event lution for energy legislation that lican side. Then they came to the floor for this summer’s Beijing Olympics. meets certain conditions, including and took another 5 or 6 hours, maybe Many of these people were first-time that such legislation not worsen the more, for the staff to read this into the visitors who hadn’t known what to ex- deficit over the period of the total of record. This was not a good-faith effort pect going in, but who fell in love with fiscal years 2007 through 2012 or the pe- in amending the bill or even debating the city. Those of us who know Chi- riod of the total of fiscal years 2007 the bill. That, unfortunately, is a re- cago, who have lived and worked there, through 2017. flection of what we have seen over and were not at all surprised by the visi- I find that SA 4825, a complete sub- over and over, a record number of fili- tors’ rave reviews. stitute for S. 3036, the Lieberman-War- busters, a record number of Republican As the Chicago 2016 organizing com- ner Climate Security Act of 2008, satis- attempts to stop or slow down the de- mittee has so eloquently put it: fies the conditions of the deficit-neu- bate on pending legislation. It is be- Chicago is built on a bold tradition of tral reserve fund for energy legislation. cause, of course, they don’t want us to dreams that we turn into reality. From re- Therefore, pursuant to section 308(a), I see us enact legislation. They don’t building our city to even greater glory after am adjusting the aggregates in the 2008 want to see us address the issues of the the 1871 Fire, hosting the World’s Columbian budget resolution, as well as the allo- Exposition and the 1933 World’s Fair and day. They are hoping this Congress will cation provided to the Senate Environ- be as unproductive as the last Repub- transforming an old rail yard into Millen- nium Park, dreaming and achieving is part ment and Public Works Committee. lican Congress. of Chicago’s DNA. I ask unanimous consent that the fol- We are not going to let that happen. lowing revisions to S. Con. Res. 21 be We are still going to fight for impor- The U.S. Government is working on printed in the RECORD. tant legislation. On this particular bill, several fronts to help support the U.S. on a global warming bill, we will have bid. The Departments of State and There being no objection, the mate- another vote. But if it goes down, if it Homeland Security are working to rial was ordered to be printed in the doesn’t move forward, it is because the make the travel of legitimate Olympic RECORD, as follows: Republicans are following their strat- athletes, coaches, and fans as smooth egy that has been read into the and hassle-free as possible. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL The Senate Foreign Relations Com- YEAR 2008—S. CON. RES. 21, FURTHER REVISIONS TO RECORD, a strategy which focuses, as they say, ‘‘much more on making polit- mittee recently held a hearing on rati- THE CONFERENCE AGREEMENT PURSUANT TO SECTION ical points than amending the bill.’’ fication of the United Nations Conven- 308(a) DEFICIT-NEUTRAL RESERVE FUND FOR ENERGY That is their strategy. It has been tion Against Doping in Sport. The LEGISLATION made a part of the RECORD. It is very International Olympic Committee ex- [In billions of dollars] clear what has happened. pects adherence to this Convention by countries that will host future Olympic Section 101 f (1)(A) Federal Revenues: Games. FY 2007 ...... 1,900.340 MORNING BUSINESS I look forward to working with the FY 2008 ...... 2,016.793 Mr. DURBIN. I ask unanimous con- Chicago 2016 organizing committee, the FY 2009 ...... 2,115.952 U.S. Olympic Committee, and my col- FY 2010 ...... 2,171.611 sent that the Senate proceed to a pe- FY 2011 ...... 2,372.021 riod of morning business, with Sen- leagues here in Congress as we move FY 2012 ...... 2,605.697 ators permitted to speak for up to 10 forward over the next 16 months pre- (1)(B) Change in Federal Revenues: paring for the IOC’s final decision in FY 2007 ...... ¥4.366 minutes each. FY 2008 ...... ¥34.003 The PRESIDING OFFICER. Without October 2009. FY 2009 ...... 9.026 objection, it is so ordered. Again, I congratulate the great city FY 2010 ...... 7.890 FY 2011 ...... ¥22.529 f of Chicago on its achievements to date, and I look forward to welcoming the FY 2012 ...... 8.601 2016 SUMMER OLYMPIC AND (2) New Budget Authority: 2016 Olympics to Illinois. FY 2007 ...... 2,371.470 PARALYMPIC GAMES f FY 2008 ...... 2,501.726 Mr. DURBIN. Mr President, I am FY 2009 ...... 2,521.803 WILLIAM T. MCLAUGHLIN FY 2010 ...... 2,574.006 pleased to acknowledge a significant FY 2011 ...... 2,709.419 milestone this week in Chicago’s bid to Mr. BIDEN. Mr. President, I am FY 2012 ...... 2,833.058 host the 2016 Summer Olympic and pleased that the Senate passed the (3) Budget Outlays: budget plan this morning. I was hoping FY 2007 ...... 2,294.862 Paralympic Games. FY 2008 ...... 2,473.063 On Wednesday, June 4, the Inter- to be here in time to cast my vote in FY 2009 ...... 2,569.070 national Olympic Committee an- favor of this agreement, but I was a few FY 2010 ...... 2,601.608 nounced that it had selected Chicago as minutes late. I want my colleagues to FY 2011 ...... 2,715.269 one of the four finalists for 2016. know, and the record to reflect, that I FY 2012 ...... 2,796.763

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.069 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5029 CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL crash on Friday, May 30, 2008. John was paid Dr. DelBello around $100,000 for YEAR 2008—S. CON. RES. 21, FURTHER REVISIONS TO a long-time Federal official, and a kind speaking fees and honoraria. In 2004, THE CONFERENCE AGREEMENT PURSUANT TO SECTION and thoughtful man. Astra Zeneca paid Dr. DelBello over 308(a) DEFICIT-NEUTRAL RESERVE FUND FOR ENERGY John Keys was born in Sheffield, AL. $80,000. LEGISLATION He earned a bachelor’s degree in civil Today, I would like to talk about [In millions of dollars] engineering from the Georgia Institute three physicians at Harvard Medical of Technology and a master’s degree School—Drs. Joseph Biederman, Thom- Current Allocation to Senate Environment and Public Works from Brigham Young University. John as Spencer, and Timothy Wilens. They Committee: FY 2007 Budget Authority ...... 42,426 was dedicated to his community, and are some of the top psychiatrists in the FY 2007 Outlays ...... 1,687 spent much of his spare time serving as country, and their research is some of FY 2008 Budget Authority ...... 43,535 a search-and-rescue pilot for Utah the most important in the field. They FY 2008 Outlays ...... 1,753 County and as a college and high have also taken millions of dollars FY 2008–2012 Budget Authority ...... 181,487 FY 2008–2012 Outlays ...... 9,668 school football referee. from the drug companies. Adjustments: The majority of John Keys’ life, how- Out of concern about the relationship FY 2007 Budget Authority ...... 0 ever, was centered on his marriage to between this money and their research, FY 2007 Outlays ...... 0 his wife Dell and his professional ca- I asked Harvard and Mass General Hos- FY 2008 Budget Authority ...... 0 FY 2008 Outlays ...... 0 reer at the Bureau of Reclamation, an pital last October to send me the con- FY 2008–2012 Budget Authority ...... 134,696 agency of the Department of the Inte- flict of interest forms that these doc- FY 2008–2012 Outlays ...... 114,402 rior. John spent nearly 40 years work- tors had submitted to their institu- Revised Allocation to Senate Environment and Public Works Committee: ing with Reclamation. From 1964 to tions. Universities often require fac- FY 2007 Budget Authority ...... 42,426 1979, he worked as a civil and hydraulic ulty to fill these forms out so that we FY 2007 Outlays ...... 1,687 engineer in the Great Basin, Missouri can know if the doctors have a conflict FY 2008 Budget Authority ...... 43,535 River Basin, Colorado River Basin, and of interest. FY 2008 Outlays ...... 1,753 FY 2008–2012 Budget Authority ...... 316,183 Columbia River Basin. I first met John The forms I received were from the FY 2008–2012 Outlays ...... 124,070 when he served as Reclamation’s Pa- year 2000 to the present. Basically, cific Northwest regional director. In these forms were a mess. My staff had f 1995, he was awarded Interior’s highest a hard time figuring out which compa- REMEMBERING JOHN W. KEYS, III honor—the Distinguished Service nies the doctors were consulting for Award—for maintaining open lines of and how much money they were mak- Mr. BINGAMAN. Mr. President, I rise communication and keeping interest ing. But by looking at them, anyone today on a sad note—to inform the groups focused on solutions. After 12 would be led to believe that these doc- Senate of the recent death of a model years as Northwest regional director, tors were not taking much money. public servant who served our country John retired in 1998. Over the last 7 years, it looked like well. John W. Keys, III, was the 16th In 2001, John emerged from retire- they had taken a couple hundred thou- Commissioner of the Bureau of Rec- ment to take a position as the 16th sand dollars. lamation. He served in that capacity Commissioner of the Bureau of Rec- But last March, Harvard and Mass from July 17, 2001, to April 15, 2006, and lamation. As Commissioner, John General asked these doctors to take a worked closely with the Committee on oversaw a venerable agency charged second look at the money they had re- Energy and Natural Resources which I with the operation and maintenance of ceived from the drug companies. And have the privilege of chairing. Commis- water storage, water distribution, and this is when things got interesting. Dr. sioner Keys retired 2 years ago to re- electric power generation facilities in Biederman suddenly admitted to over turn to Utah and pursue his favorite 17 Western States. John placed great $1.6 million dollars from the drug com- pastimes which included flying. Trag- emphasis on operating and maintaining panies. And Dr. Spencer also admitted ically, he was killed on May 30, 2008, Reclamation projects to ensure contin- to over $1 million. Meanwhile, Dr. when the airplane he was piloting ued delivery of water and power bene- Wilens also reported over $1.6 million crashed in Canyonlands National Park, fits to the public, consistent with envi- in payments from the drug companies. UT, with one passenger aboard. ronmental and other requirements. He The question you might ask is: Why Commissioner Keys’ appointment by was committed to honoring State weren’t Harvard and Mass General President Bush to lead the Bureau of water rights, interstate compacts, and watching over these doctors? The an- Reclamation was actually his second contracts with Reclamation’s users. swer is simple: They trusted these phy- stint with the agency. He returned to This commitment helped the agency sicians to honestly report this money. Federal service after previously retir- develop creative solutions to address Based on reports from just a handful ing from a 34-year career with reclama- the water resource challenges of the of drug companies, we know that even tion. During that time, he worked as a West. these millions do not account for all of civil and hydraulic engineer in various John had retired as Commissioner in the money. In a few cases, the doctors positions throughout the western 2006. He was a highly respected and disclosed more money than the drug United States. Ultimately, he served as dedicated public servant. I stand today companies reported. But in most cases, reclamation’s Pacific Northwest re- to express my appreciation for his serv- the doctors reported less money. gional director for 12 years before his ice to the Northwest and to our coun- For instance, Eli Lilly has reported initial retirement in 1998. try. I want to offer my sincere condo- to me that they paid tens of thousands Commissioner Keys was a dedicated lences to his wife, his daughters, and of dollars to Dr. Biederman that he public servant whose knowledge, expe- those he leaves behind. still has not accounted for. And the rience, and demeanor were key factors f same goes for Drs. Spencer and Wilens. in his successful leadership of the Bu- What makes all of this even more in- reau of Reclamation. Those same PAYMENTS TO PHYSICIANS teresting is that Drs. Biederman and skills, combined with his willingness to Mr. GRASSLEY. Mr. President, Wilens were awarded grants from the work with Congress on a bipartisan starting last year, I started looking at National Institutes of Health to study basis, were instrumental in addressing the financial relationships between the drug Strattera. a wide range of water resource issues physicians and drug companies. I first Obviously, if a researcher is taking across the West. He will be sorely began this inquiry by examining pay- money from a drug company while also missed, but left a legacy of accomplish- ments from Astra Zeneca to Dr. Me- receiving Federal dollars to research ments that will ensure that he is long- lissa DelBello, a professor of psychi- that company’s product, then there is a remembered. I offer my condolences to atry at the University of Cincinnati. conflict of interest. That is why I am his wife, Dell, and their daughters, In 2002, Dr. DelBello published a asking the National Institutes of Cathy and Robyn. study that found that Seroquel worked Health to take a closer look at the Mr. SMITH. Mr. President, I rise for kids with bipolar disorder. The grants they give to researchers. Every today to honor the memory of John W. study was paid for by Astra Zeneca, year, the NIH hands out almost $24 bil- Keys, III, who died tragically in a plane and the following year that company lion in grants. But nobody is watching

VerDate Aug 31 2005 06:54 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.031 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5030 CONGRESSIONAL RECORD — SENATE June 4, 2008 to ensure that the conflicts of interest But your staff seemed to show little interest physician’s failure to report a ‘‘significant fi- are being monitored. in this report. In fact, Norka Ruiz Bravo, the nancial interest,’’ as defined by NIH regula- That is why Senator KOHL and I in- NIH deputy director of extramural programs tion. For each investigation, please provide troduced the Physician Payments Sun- was quoted in The New York Times saying, the following information: shine Act. This bill will require compa- ‘‘For us to try to manage directly the con- a. Name of the Doctor(s) involved; flict-of-interest of an NIH investigator would nies to report payments that they b. Date investigation began and the date be not only inappropriate but pretty much ended; make to doctors. As it stands right impossible.’’ c. Specific allegations which triggered in- now, universities have to trust their Fourth, I am dismayed to have read of vestigation; faculty to report this money. And we funding provided to several researchers from d. Findings of the investigation; and the Foundation for Lung Cancer: Early De- can see that this trust is causing the e. Actions taken by the NIH, if any. tection, Prevention & Treatment (Founda- universities to run afoul of NIH regula- 3. Since receiving notice that the Univer- tion). Dr. Claudia Henschke and Dr. David tions. This is one reason why industry sity of Cincinnati was provided incomplete Yankelevitz are two of the Foundation’s groups such as PhRMA and Advamed, information from Dr. DelBello regarding her board members. As reported by The New outside income, what steps has/will NIH take as well as the American Association of York Times, the Foundation was funded al- to address this issue? Please be specific. Medical Colleges, have all endorsed my most entirely with monies from tobacco bill. Creating one national reporting companies, and this funding was never fully 4. Please provide a list of all NIH grants re- system, rather than relying on a disclosed. Monies from the Foundation were ceived by Dr. DelBello. For each grant, please provide the following: hodge-podge of state systems and some then used to support a study that appeared a. Name of grant; voluntary reporting systems, is the in The New England Journal of Medicine (NEJM) back in 2006 regarding the use of b. Topic of grant; and right thing to do. c. Amount of funding for grant. Before closing, I would like to say computer tomography screening to detect lung cancer. The NEJM disclosure states 5. Please provide a list of any other inter- that Harvard and Mass General have that the study was supported also by NIH actions that Dr. DelBello has had with the been extremely cooperative in this in- grants held by Drs. Henschke and NIH to include membership on advisory vestigation, as have Eli Lilly, Astra Yankelevitz. boards, peer review on grants, or the like. Zeneca and other companies. I ask Regarding the lack of transparency by Dr. 6. Since reports appeared in the press re- unanimous consent that my letters to Henschke and Dr. Yankelevitz, National garding the undisclosed funding of the Foun- Harvard, Mass General, and the NIH be Cancer Institute Director John Niederhuber dation for Lung Cancer: Early Detection, printed the RECORD. told the Cancer Letter, ‘‘[W]e must always Prevention & Treatment, what steps has/will There being no objection, the mate- be transparent regarding any and all mat- NIH take to address this issue? Please pro- ters, real or perceived, which might call our rial was ordered to be printed in the vide all external and internal communica- scientific work into question.’’ tions regarding this issue. RECORD, as follows: The NEJM later published a clarification 7. Please provide a list off all NIH grants U.S. SENATE, regarding its earlier article and a correction received by Dr. Claudia Henschke. For each COMMITTEE ON FINANCE, revealing that Dr. Henschke also received grant, please provide the following: Washington, DC, June 4, 2008. royalties for methods to assess tumors with a. Name of grant; ELIAS A. ZERHOUNI, M.D. imaging technology. There is no evidence b. Topic of grant; and Director, National Institutes of Health, that the Foundation’s tobacco money or Dr. c. Amount of funding for grant. Bethesda, Maryland. Henschke’s royalties influenced her re- 8. Please provide a list of any other inter- DEAR DIRECTOR ZERHOUNI: As a senior search. But I am concerned that the funding actions that Dr. Henschke has had with the member of the United States Senate and the source and royalties may have not been dis- NIH to include membership on advisory Ranking Member of the Committee on Fi- closed when the NIH decided to fund Dr. boards, peer review on grants, or the like. nance (Committee), I have a duty under the Henschke. Constitution to conduct oversight into the Fifth, I sent you a letter on April 15, out- 9. Please provide a list off all NIH grants actions of executive branch agencies, includ- lining my concerns about a report on the Na- received by Dr. David Yankelevitz. For each ing the activities of the National Institutes tional Institute of Environmental Health grant, please provide the following: of Health (NIH/Agency). In this capacity, I Sciences (NIEHS). That report found 45 cases a. Name of grant; must ensure that NIH properly fulfills its at the NIEHS where extramural grants had b. Topic of grant; and mission to advance the public’s welfare and not receiving sufficient peer review scores c. Amount of funding for grant. makes responsible use of the public funding but were still funded. This finding is yet an- 10. Please provide a list of any other inter- provided for medical studies. This research other example that the NIH provides little actions that Dr. Yankelevitz has had with often forms the basis for action taken by the oversight for its extramural program. the NIH to include membership on advisory Medicare and Medicaid programs. Dr. Zerhouni, you faced similar scandals boards, peer review on grants, or the like. Over the past number of years, I have be- back in 2003 when it came to light that many 11. Please provide a list off all NIH grants come increasingly concerned about the lack NIH intramural researchers enjoyed lucra- received by Dr. Joseph Biederman. For each of oversight regarding conflicts of interest tive arrangements with pharmaceutical com- grant, please provide the following: relating to the almost $24 billion in annual panies. It took you some time, but you even- a. Name of grant; extramural funds that are distributed by the tually brought some transparency, reform b. Topic of grant; and NIH. In that regard, I would like to take this and integrity back to NIH. As you told Con- c. Amount of funding for grant. opportunity to notify you about five prob- gress during one hearing, ‘‘I have reached 12. Please provide a list of any other inter- lems that have come to my attention on this the conclusion that drastic changes are need- actions that Dr. Biederman has had with the matter. ed as a result of an intensive review by NIH NIH to include membership on advisory First, it appears that three researchers of our ethics program, which included inter- boards, peer review on grants, or the like. failed to report in a timely, complete and ac- nal fact-finding as well as an external review 13. Please provide a list off all NIH grants curate manner their outside income to Har- by the Blue Ribbon Panel.’’ received by Dr. Timothy Wilens. For each vard University (Harvard) and Massachusetts NIH oversight of the extramural program grant, please provide the following: General Hospital (MGH). By not reporting is lax and leaves people with nothing more a. Name of grant; this income, it seems that they are placing than questions—$24 billion worth of ques- Harvard and MGH in jeopardy of violating tions, to be exact. I am interested in under- b. Topic of grant; and NIH regulations on conflicts of interest. I am standing how you will address this issue. c. Amount of funding for grant. attaching that letter for your review and American taxpayers deserve nothing less. 14. Please provide a list of any other inter- consideration. In the interim, I ask you to respond to the actions that Dr. Wilens has had with the NIH Second, I am requesting an update about a following requests for information and docu- to include membership on advisory boards, letter I sent you last October on problems ments. In responding to each request, first peer review on grants, or the like. with conflicts of interest and NIH extra- repeat the enumerated question followed by I request your prompt attention to this mural funding regarding Dr. Melissa the appropriate response. Your responses matter and your continued cooperation. I DelBello at the University of Cincinnati should encompass the period of January 1, also request that the response to this letter (University). In that letter, I notified you 2000 to April 1, 2008. I would appreciate re- contain your personal signature. If you have that Dr. DelBello receives grants from the ceiving responses to the following questions any questions please contact my Committee NIH, however, she was failing to report her by no later than June 18, 2008: staff, Paul Thacker at (202) 224–4515. Any for- outside income to her University. 1. Please explain what actions the NIH has mal correspondence should be sent electroni- Third, the Inspector General for the De- or will initiate to provide better oversight cally in PDF searchable format to brian— partment of Health and Human Services Of- and transparency for its extramural funding [email protected]. fice (HHS OIG) released a disturbing report program. Sincerely, last January which found that NIH provided 2. Please explain how often the NIH has in- CHARLES E. GRASSLEY, almost no oversight of its extramural funds. vestigated and/or taken action regarding a Ranking Member.

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U.S. SENATE, Academic Officer (CAO), Partners provided to us to date, Dr. Wilens disclosed COMMITTEE ON FINANCE, HealthCare System, also wrote me that payments of about half of the amount re- Washington, DC, June 4, 2008. Partners will look to the Standing Com- ported by Eli Lilly for this period. Dr. Wilens Dr. DREW GILPIN FAUST, mittee to conduct the initial factual review also did three other studies of atomoxetine President, Harvard University, of potential non-compliance that are con- in 2006 and 2007. Massachusetts Hall, Cambridge, MA. tained in both the Harvard Medical School I have also found several instances where Dr. PETER L. SLAVIN, Policy and the Partners Policy. In addition, these Physicians apparently received income President, Massachusetts General Hospital the CAO stated that, in addition to the above your institutions’ income de minimus (Partners Healthcare), Boston, MA. Standing Committee’s review process, Part- limit. For instance, in 2003, Dr. Spencer con- DEAR DRS. FAUST AND SLAVIN: The United ners will conduct its own independent review ducted a study of atomoxetine in adoles- States Senate Committee on Finance (Com- of conflicts of interest disclosures these Phy- cents. At the time, he disclosed no signifi- mittee) has jurisdiction over the Medicare sicians submitted separately to Partners in cant financial interests related to this study. and Medicaid programs and, accordingly, a connection with publicly funded research But Eli Lilly reported paying Dr. Spencer responsibility to the more than 80 million and other aspects of Partners Policy. I look over $25,000 that year. Americans who receive health care coverage forward to being updated on these reviews in In 2001, Dr. Biederman disclosed plans to under these programs. As Ranking Member the near future. begin a study sponsored by Cephalon, Inc. At of the Committee, I have a duty to protect In addition, I contacted executives at sev- the time; Dr. Biederman disclosed that he the health of Medicare and Medicaid bene- eral major pharmaceutical companies and had no financial relationship with the spon- ficiaries and safeguard taxpayer dollars ap- asked them to list the payments that they sor of this study. Yet, on his conflict of in- propriated for these programs. The actions made to Drs. Biederman, Spencer, and terest disclosure, he acknowledged receiving taken by thought leaders, like those at Har- Wilens during the years 2000 through 2007. research support and speaking fees from vard Medical School who are discussed These companies voluntarily and coopera- Cephalon, Inc., but did not provide any infor- throughout this letter, often have a profound tively reported additional payments that the mation on the amounts paid. In March 2008, Dr. Biederman revealed that Cephalon, Inc. impact upon the decisions made by taxpayer Physicians do not appear to have disclosed paid him $13,000 in 2001. funded programs like Medicare and Medicaid to your Institutions. In 2005, Dr. Biederman began another clin- and the way that patients are treated and Because these disclosures do not match, I ical trial sponsored by Cephalon, Inc., which funds expended. am attaching a chart intended to provide a Moreover, and as has been detailed in sev- was scheduled to start in September 2005 and few examples of the data that have been re- end in September 2006. Initially, Dr. eral studies and news reports, funding by ported me. This chart contains three col- pharmaceutical companies can influence sci- Biederman disclosed that he had no financial umns: payments disclosed in the forms the relationship with the sponsor of this study. entific studies, continuing medical edu- physicians filed at your Institutions, pay- cation, and the prescribing patterns of doc- But in March 2008, Dr. Biederman revealed ments revealed in March 2008, and amounts that Cephalon, Inc. paid him $11,000 for hono- tors. Because I am concerned that there has reported by some drug companies. been little transparency on this matter, I raria in 2005 and an additional $24,750 in 2006. I would appreciate further information to In light of the information set forth above, have sent letters to almost two dozen re- see if the problems I have found with these I ask your continued cooperation in exam- search universities across the United States. three Physicians are systemic within your ining conflicts of interest. In my opinion, in- In these letters, I asked questions about the Institutions. stitutions across the United States must be conflict of interest disclosure forms signed INSTITUTIONAL AND NIH POLICIES able to rely on the representations of its fac- by some of their faculty. Universities require Both Harvard and MGH/Partners have es- ulty to ensure the integrity of medicine, aca- doctors to report their related outside in- demia, and the grant-making process. At the come, but I am concerned that these require- tablished an income de minimus limit. This policy forbids researchers working at your same time, should the Physician Payments ments are disregarded sometimes. Sunshine Act become law, institutions like I have also been taking a keen interest in Institutions from conducting clinical trials yours will be able to access a database that the almost $24 billion annually appropriated with a drug or technology if they receive will set forth the payments made to all doc- to the National Institutes of Health to fund payments over $20,000 from the company tors, including your faculty members. Indeed grants at various institutions such as yours. that manufactures that drug or technology. Prior to 2004, the income de minimus limit at this time there are several pharma- As you know, institutions are required to ceutical and device companies that are look- manage a grantee’s conflicts of interest. But established by your institutions was $10,000. Further, federal regulations place several ing favorably upon the Physician Payments I am learning that this task is made difficult Sunshine Bill and for that I am gratified. because physicians do not consistently re- requirements on a university/hospital when its researchers apply for NIH grants. These Accordingly, I request that your respective port all the payments received from drug institutions respond to the following ques- companies. regulations are intended to ensure a level of objectivity in publicly funded research, and tions and requests for information. For each To bring some greater transparency to this response, please repeat the enumerated re- state in pertinent part that NIH investiga- issue, Senator Kohl and I introduced the quest and follow with the appropriate an- tors must disclose to their institution any Physician Payments Sunshine Act (Act). swer. This Act will require drug companies to re- ‘‘significant financial interest’’ that may ap- 1. For each of the NIH grants received by port publicly any payments that they make pear to affect the results of a study. NIH in- the Physicians, please confirm that the Phy- to doctors, within certain parameters. terprets ‘‘significant financial interest’’ to sicians reported to Harvard and MGH/Part- I am writing to try and assess the imple- mean at least $10,000 in value or 5 percent ners’ designated official ‘‘the existence of mentation of financial disclosure policies of ownership in a single entity. [his] conflicting interest.’’ Please provide Harvard University (Harvard) and Massachu- Based upon information available to me, it separate responses for each grant received setts General Hospital (MGH/Partners), (the appears that each of the Physicians identi- for the period from January 1, 2000 to the Institutions). In response to my letters of fied above received grants to conduct studies present, and provide any supporting docu- June 29, October 25, and October 26, 2007, involving atomoxetine, a drug that sells mentation for each grant identified. your Institutions provided me with the fi- under the brand name Strattera. For exam- 2. For each grant identified above, please nancial disclosure reports that Drs. Joseph ple: explain how Harvard and MGH/Partners en- Biederman, Thomas Spencer, and Timothy In 2000, the NIH awarded Dr. Biederman a sured ‘‘that the interest has been managed, Wilens (Physicians) filed during the period of grant to study atomoxetine in children. At reduced, or eliminated?’’ Please provide an January 2000 through June 2007. that time, Dr. Biederman disclosed that he individual response for each grant that each My staff investigators carefully reviewed received less than $10,000 in payments from doctor received from January 2000 to the each of the Physicians’ disclosure forms and Eli Lilly & Company (Eli Lilly). But Eli present, and provide any documentation to detailed the payments disclosed. I then Lilly reported that it paid Dr. Biederman support each claim. asked that your Institutions confirm the ac- more than $14,000 for advisory services that 3. Please report on the status of the Har- curacy of the information. In March 2008, year—a difference of at least $4,000. vard Standing Committee and additional your Institutions then requested additional In 2004, the NIH awarded Dr. Wilens a 5– Partners reviews of the discrepancies in dis- information from the Physicians pursuant to year grant to study atomoxetine. In his sec- closures by Drs. Biederman, Spencer and my inquiry. That information was subse- ond disclosure to your Institutions, Dr. Wilens, including what action, if any, will be quently provided to me. Wilens revealed that he received $7,500 from considered. In their second disclosures to your Institu- Eli Lilly in 2004. But Eli Lilly reported to me 4. For Drs. Biederman, Spencer, and tions, the Physicians revealed different in- that it paid Dr. Wilens $27,500 for advisory Wilens, please report whether a determina- formation than they had disclosed initially services and speaking fees in 2004—a dif- tion can be made as to whether or not any to your respective Institutions. On April 29, ference of about $20,000. doctor violated guidelines governing clinical 2008, I received notification from Harvard It is my understanding that Dr. Wilens’ trials and the need to report conflicts of in- Medical School’s Dean for Faculty and Re- NIH-funded study of atomoxetine is still on- terest to an institutional review board (IRB). search Integrity that he has referred the going. According to Eli Lilly, it paid Dr. Please respond by naming each clinical trial cases of these Physicians to the Standing Wilens almost $65,000 during the period Janu- for which the doctor was the principal inves- Committee on Conflicts of Interest and Com- ary 2004 through June 2007. However, as of tigator, along with confirmation that con- mitment (‘‘Standing Committee’’). The Chief March 2008, and based upon the documents flicts of interest were reported, if possible.

VerDate Aug 31 2005 06:54 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.030 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5032 CONGRESSIONAL RECORD — SENATE June 4, 2008 5. Please provide a total dollar figure for c. Grant number; I look forward to hearing from you by no all NIH monies annually received by Harvard d. Brief description; and later than June 18, 2008. All documents re- and MGH/Partners, respectively. This re- sponsive to this request should be sent elec- quest covers the period of 2000 through 2007. e. Amount of Award. tronically in PDF format to 6. Please provide a list of all NIH grants re- Thank you again for your continued co- [email protected]. If ceived by Harvard and MGH/Partners. This operation and assistance in this matter. As you have any questions, please do not hesi- request covers the period of 2000 through you know, in cooperating with the Commit- tate to contact Paul Thacker at (202) 224– 2007. For each grant please provide the fol- tee’s review, no documents, records, data or 4515. lowing: information related to these matters shall be Sincerely, a. Primary Investigator; destroyed, modified, removed or otherwise CHARLES E. GRASSLEY, b. Grant Title; made inaccessible to the Committee. Ranking Member. SELECTED DISCLOSURES BY DR. BIEDERMAN AND RELATED INFORMATION REPORTED BY PHARMACEUTICAL COMPANIES

Payments Amount Year Company Disclosure filed with institution revealed in company March 2008 Reported

2000 ...... GlaxoSmithKline ...... Not reported ...... $2,000 $3,328 Eli Lilly & Company ...... <$10,000 ...... 3,500 14,105 Pfizer Inc...... Not reported ...... 7,000 7,000 2001 ...... Cephalon ...... No amount provided ...... 13,000 n/a GlaxoSmithKline ...... No amount provided ...... 5,500 4,428 Eli Lilly & Company ...... No amount provided ...... 6,000 14,339 Johnson & Johnson ...... Not reported ...... 3,500 58,169 Medical Education Systems ...... Not reported ...... 21,000 n/a Pfizer Inc...... No amount provided ...... 5,625 5,625 2002 ...... Bristol-Myers Squibb ...... No amount provided ...... 2,000 2,000 Cephalon ...... No amount provided ...... 3,000 n/a Colwood ...... Not reported ...... 14,000 n/a Eli Lilly & Company ...... No amount provided ...... 11,000 2,289 Johnson & Johnson ...... Not reported ...... Not reported 706 Pfizer Inc...... No amount provided ...... 4,000 2,000 2003 ...... Bristol-Myers Squibb ...... No amount provided ...... 500 250 Cephalon ...... <10,000 ...... 4,000 n/a Eli Lilly & Company ...... <10,000 ...... 8,250 18,347 Johnson & Johnson ...... <10,000 ...... 2,000 2,889 Medlearning ...... Not reported ...... 26,500 n/a Pfizer Inc...... <10,000 ...... 1,000 1,000 2004 ...... Bristol-Myers Squibb ...... No amount provided ...... 6, 266 6,266 Cephalon ...... Not reported ...... 4,000 n/a Eli Lilly & Company ...... No amount provided ...... 8,000 15,686 Johnson & Johnson ...... Not reported ...... Not reported 902 Medlearning ...... Not reported ...... 26,000 n/a Pfizer Inc...... Not reported ...... 3,000 4,000 2005 ...... Cephalon ...... Not reported ...... 11,000 n/a Eli Lilly & Company ...... <20,000 ...... 12,500 7,500 Johnson & Johnson ...... Not reported ...... Not reported 962 Pfizer Inc...... Not reported ...... 3,000 3,000 Medlearning ...... Not reported ...... 34,000 n/a 2006 ...... Cephalon ...... Not reported ...... 24,750 n/a Johnson & Johnson ...... Not reported ...... Not reported 750 Primedia ...... Not reported ...... 56,000 n/a 2007 ...... Primedia ...... Not reported ...... 30,000 n/a Note 1: Dr. Biederman revealed in March 2008 that his outside income totaled about $1.6 million during the period January 2000 through June 2007. Information reported by the pharmaceutical companies indicate that they made addi- tional payments that are not reflected in Dr. Biederman’s disclosures. Note 2: When a Physician named a company in a disclosure but did not provide an amount, the text reads ‘‘no amount reported.’’ When a Physician did not list the company in the disclosure, the column reads ‘‘not reported.’’ The Com- mittee contacted several companies for payment information and the notation n/a (not available) reflects that a company was not contacted.

SELECTED DISCLOSURES BY DR. SPENCER AND RELATED INFORMATION REPORTED BY PHARMACEUTICAL COMPANIES

Payments Amount Year Company Disclosure filed with institution revealed in company re- March 2008 ported

2000 ...... GlaxoSmithKline ...... Not reported ...... $3,000 $1,500 Eli Lilly & Company ...... Not reported ...... 12,345 11,463 2001 ...... GlaxoSmithKline ...... Not reported ...... 4,000 1,000 Eli Lilly & Company ...... Not reported ...... 8,500 10,859 Strategic Implications ...... Not reported ...... 16,800 n/a 2002 ...... GlaxoSmithKline ...... Not reported ...... 3,000 3,369 Eli Lilly & Company ...... Not reported ...... 14,000 14,016 Strategic Implications ...... Not reported ...... 29,000 n/a 2003 ...... Eli Lilly & Company ...... Not reported ...... 6.000 25,500 Johnson & Johnson ...... Not reported ...... 1,250 0 Thomson Physicians World ...... Not reported ...... 46,500 n/a 2004 ...... Eli Lilly & Company ...... Not reported ...... Not reported 23,000 Pfizer Inc...... Not reported ...... 3,500 3,500 2005 ...... Eli Lilly & Company ...... <$20,000 ...... 6,000 7,500 Johnson & Johnson ...... Not reported ...... 1,500 227 Medlearning ...... Not reported ...... 28,250 n/a 2006 ...... Eli Lilly & Company ...... No amount provided ...... 15,688 8,188 Johnson & Johnson ...... Not reported ...... 5,500 0 Primedia ...... Not reported ...... 44,000 n/a 2007 ...... Eli Lilly & Company ...... No amount provided ...... 6,000 16,188 Note 1: Dr. Spencer revealed in March 2008 that his outside income totaled about $1 million during the period January 2000 through June 2007. Information reported by the pharmaceutical companies indicate that they made additional payments that are not reflected in Dr. Spencer’s disclosures. Note 2: When a Physician named a company in a disclosure but did not provide an amount, the text reads ‘‘no amount reported.’’ When a Physician did not list the company in the disclosure, the column reads ‘‘not reported.’’ The Com- mittee contacted several companies for payment information and the notation n/a (not available) reflects that a company was not contacted.

SELECTED DISCLOSURES BY DR. WILENS AND RELATED INFORMATION REPORTED BY PHARMACEUTICAL COMPANIES

Payments Amount Year Company Disclosure filed with institution revealed in company March 2008 reported

2000 ...... GlaxoSmithKline ...... Not reported ...... $5,250 $12,009 Eli Lilly & Company ...... Not reported ...... 2,000 2,057 Pfizer Inc...... Not reported ...... 1,250 2,250 TVG ...... Not reported ...... 11,000 n/a 2001 ...... GlaxoSmithKline ...... <$10,000 ...... n/a 2,269 Eli Lilly & Company ...... No amount provided ...... 3,952 952 J.B. Ashtin ...... Not reported ...... 14,500 n/a 2002 ...... GlaxoSmithKline ...... Not reported ...... 7,500 10,764 Eli Lilly & Company ...... Not reported ...... 4,500 3,000 Pfizer Inc...... Not reported ...... 1,500 1,500 Phase 5 ...... Not reported ...... 20,000 n/a

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Payments Amount Year Company Disclosure filed with institution revealed in company March 2008 reported

2003 ...... Eli Lilly & Company ...... Not reported ...... 12,000 0 Phase 5 ...... Not reported ...... 90,500 n/a TVG ...... Not reported ...... 31,000 n/a Medlearning ...... Not reported ...... 24,000 n/a 2004 ...... Eli Lilly & Company ...... Not reported ...... 7,500 27,500 Phase 5 ...... Not reported ...... 84,250 n/a Medlearning ...... Not reported ...... 46,000 n/a 2005 ...... Eli Lilly & Company ...... <20,000 ...... 9,500 9,500 Promedix ...... Not reported ...... 70,000 n/a Advanced Health Media ...... Not reported ...... 37,750 n/a 2006 ...... Eli Lilly and Physician World (Lilly) ...... No amount provided ...... 5,963 12,798 Advanced Health Media ...... Not reported ...... 56,000 n/a Primedia ...... Not reported ...... 32,000 n/a 2007 ...... Eli Lilly & Company ...... Not reported ...... 9,000 14,969 Veritas ...... Not reported ...... 25,388 n/a Note 1: Dr. Wilens revealed in March 2008 that his outside income totaled about $1.6 million during the period January 2000 through June 2007. Information reported by the pharmaceutical companies indicate that they made additional payments that are not reflected in Dr. Spencer’s disclosures. Note 2: When a Physician named a company in a disclosure but did not provide an amount, the text reads ‘‘no amount reported.’’ When a Physician did not list the company in the disclosure, the column reads ‘‘not reported.’’ The Com- mittee contacted several companies for payment information and the notation n/a (not available) reflects that a company was not contacted.

MINNESOTA’S 150TH BIRTHDAY We are home to hospitals and med- where parents bounce their babies on Ms. KLOBUCHAR. Mr. President, in ical institutions that heal the sick their knees and say, ‘‘One day you May, I joined Governor Pawlenty, Sen- from around the world. could grow up to be Vice President.’’ ator COLEMAN and our Minnesota Con- And we are now a national leader in But, Minnesota’s celebration is not gressional Delegation, our State legis- the renewable energy that will power just about our history. It is also about lators and thousands of Minnesotans in our future. our future. That is why the involve- celebrating Minnesota’s 150 years as a For 150 years, we have served our ment of young people is so important— State. country with great honor. Back in the especially our young essay winners. We are proud to be a State where—in Civil War, it was the First Minnesota I always think of our State as a the words of our unofficial poet lau- that held the line during the Battle of ‘‘work in progress.’’ reate Garrison Keillor—all the women Gettysburg, preventing a breach in the We are a State whose people have al- are strong, all the men are good-look- Union lines. The price this volunteer ways believed—despite the cold, the ing, and all the sesquicentennials are unit paid was the highest casualty rate snow, the windswept prairies . . . De- above average. of any military unit in American his- spite all that, we have always believed For 150 years, our State has been tory, and today their flag flies here in that anything was possible. built by people who knew they had to the Capitol rotunda as a reminder of We are a State that is defined by the work hard, had to be bold, and had to their bravery and sacrifice. optimism of our people. We look to the persevere—to overcome the adversities Now, the Minnesota National Guard’s future and we believe that—with hard and hardships that confronted them. 34th Infantry Regiment—the famed work, education and good values—we Each one of us here is a part of Min- Red Bulls—traces its roots to the 1st can make tomorrow better than today. nesota’s illustrious history. And each Minnesota Volunteers and they con- I am reminded of an Ojibwe prayer one of us has our own story about our tinue to honor that tradition of service passed down from the ages—the prayer Minnesota heritage. to country. that our leaders and our people make Mine has its roots in the rough and On the sports field, we are home to decisions not for their own generation tumble Iron Range, where my grandpa the 1987 and 1991 World Series Cham- but for those seven generations from worked 1,500 feet underground in the pion Minnesota Twins. mines of Ely. He and my grandma grad- now. It was a Minnesotan, Herb Brooks, That is what that ragtag brigade of uated from high school, but they saved who coached the U.S. Hockey Team to money in a coffee can to send my dad Minnesota citizen soldiers did in 1863 the gold medal in the 1980 Winter when they held the line at the Battle of to college. The little house they lived Olympics—the ‘‘Miracle on Ice.’’ in all their lives they got when the Gettysburg. Of course, after years of anguish, my That is what Sigurd Olson was think- mine closed down in Babbitt. They dad, still an avid sports fan, continues loaded it on the back of a flatbed truck ing as he wrote about the beauty of our to ask if the Vikings will ever win the State and this Earth and its steward- and dynamited out a hole for the base- Super Bowl. ment in Ely. The only problem was my ship. We brought the world music legends And that is what an Iron Range grandpa used too much dynamite and from Bob Dylan to Prince to ‘‘Whoopie the neighbor’s wash went down a block miner was hoping for as he saved those John,’’ the King of Polka from New dollars in that coffee can, never dream- away from all the flying rocks. Ulm. I told the story up north a while back ing his granddaughter would end up in And speaking of culture, Darwin, and some old guy stood up and yelled the United States Senate. MN, is home to the world’s largest ball out, ‘‘As if we don’t remember!’’ They After 150 years, we celebrate the of twine built by one person (my hus- have long memories up on the Range. courage and forethought of those who band made me add the ‘‘by one per- Today is a day to remember that came before us and pray that we can son!’’). He saw a documentary about Minnesota is recognized and admired live up to their expectations. some other ball of twine. both for our natural beauty and our Happy birthday, Minnesota! hard-working people. Then we have our many colorful poli- We are home to the headwaters of the ticians, from Senator James Shields, f who challenged Abraham Lincoln to a Mississippi River and to Lake Superior, CONGRATULATING CARRIS REELS the ‘‘greatest’’ of the Great Lakes. saber duel, to Senator Magnus John- We are home to native peoples whose son, whose Swedish accent was so thick Mr. LEAHY. Mr. President, I rise history stretches far before our state- that his nickname going into the Sen- today to congratulate Carris Reels of hood. ate was ‘‘Yenerally Speaking Rutland, VT, for receiving the 2008 We are the State that mined the iron Yohnson’’, to Governor Rudy Perpich ESOP Association’s ‘‘Company of the ore for America’s ships and sky- and his polka-mass; to Governor Ven- Year’’ award. scrapers. tura and his feather boa, to Paul Founded in 1951 by Henry Carris, and We are the home to Fortune 500 com- Wellstone and his green bus, to two of bought by his son, Bill Carris, in 1980, panies that lead the way in innova- America’s most beloved Vice Presi- Carris Reels sells a full line of manu- tion—bringing the world everything dents. factured reel products for a wide vari- from the pacemaker to the Post-It In fact, I read in a national magazine ety of industries. Today, Carris Reels Note. way back that ours is the only State has about 550 employee owners and

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.048 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5034 CONGRESSIONAL RECORD — SENATE June 4, 2008 eight locations nationwide. The com- wire, cable and rope industries. The 100-per- ability; and renewing the spirit of employee pany became 100-percent employee cent employee-owned company has 550 work- ownership. owned in January 2008. ers at eight locations around the country. For more information, visit www.veoc.org; One of the unique characteristics of According to Don Jamison of the Vermont e-mail [email protected]; or call 861–6611. Employee Ownership Center, the state has f Carris Reels is the company’s steering the highest number of employee-owned com- committee, which goes beyond the panies per capita in the country. Jamison ADDITIONAL STATEMENTS basic functions of most ESOP commit- said there are approximately 10,000 ESOPs in tees and takes responsibility for allo- the country, with 30 such companies in cations of benefits, quality of work-life Vermont and another 10 companies that are RETIREMENT OF THOMAS E. workers co-operatives. issues, communications, training, and BARTON governance. Made up of both manage- Jamison said one important benefit of an ment and corporate employees, the employee-owned company is that it ensures ∑ Mr. GRAHAM. Mr. President, today I Committee keeps alive the vision of the company stays local. ‘‘If an owner is ask the Senate to join me in recog- exiting (selling) and is concerned about his former owner Bill Carris who moved nizing Dr. Thomas E. Barton on the oc- or her employees, it can ensure that the casion of his retirement as president of the company toward employee owner- company will continue as it has been, pro- ship in 1995. Bill has said that organiza- vided there is a new group of managers to Greenville Technical College. tions consist of three dimensions: spir- take over responsibilities.’’ Dr. Barton graduated from Clemson itual, emotional, and physical. The He said employee-owned companies also University in 1953 with a bachelor of strong business his family built and give a direct stake to employees who reap science degree and received his doc- the employees now own is proof posi- the profits when the company performs well. torate in higher education administra- tive that these dimensions will remain ‘‘With a combination of participation and tion from Duke University in 1972. ownership, you see a pretty significant boost While at Clemson, Dr. Barton played a legacy at Carris Reels. in productivity gains,’’ Jamison said. Carris Reels also is a strong sup- He also said there are tax advantages for football under legendary coach Frank porter of the Vermont Employee Own- an owner who sells their company to employ- Howard. In 1987, he was honored for his ership Center, VEOC, a statewide non- ees with the potential of getting a rollover in athletic achievements by being elected profit organization founded in 2001 to the capital gains tax. to both the South Carolina Athletic provide information and resources to As an example of the productivity gains Hall of Fame and the Clemson Univer- owners interested in selling their busi- that are realized with an ESOP, Jamison sity Athletic Hall of Fame. ness to their employees, employee said two recent winners of the Deane C. After 9 years of service in the public groups interested in purchasing a busi- Davis Outstanding Vermont Business Award, Resource Systems Group and King Arthur schools of South Carolina and Georgia ness, and entrepreneurs who wish to Flour Co., are both majority-owned by their as teacher, coach, and school super- start up a company with broadly employees. intendent, he became president of shared ownership. To date, the VEOC Jamison said while setting up an ESOP is Greenville Technical College in 1962. has given direct assistance to over 60 a complex process, it can be well worth the When Dr. Barton began his term as Vermont businesses, employing over effort in the long run for the company, its president, Greenville Tech consisted of 1,700 Vermonters. I applaud the VEOC employees and the owner, one building serving 800 students. for holding its Sixth Annual Employee One of the conference’s workshops this week is based on a Carris Reels initiative Forty-six years later, the college Ownership Conference in Burlington called ‘‘Inclusive Decision-Making.’’ boasts a 42-building, four-campus sys- later this week. ‘‘They’re really trying very hard to make tem, offering university transfer and Once again, I congratulate all of the their company 100 percent employee gov- technical programs to more than 60,000 employees at Carris Reels for this well- erned,’’ Jamison said. students annually. deserved recognition. They make great According to the national ESOP Associa- Dr. Barton was named Business Per- reels; they do business well; and they tion, a unique component of Carris Reels is son of the Year by Greenville Magazine its steering committee which goes beyond treat their employees right—all of in 1995, and has consistently been cho- these accomplishments, I believe, are most ESOP committees and assumes deci- sion-making for a number of functions in- sen as one of the 50 most influential related. residents of Greenville by the publica- Mr. President, I ask unanimous con- cluding: allocation of benefits, quality of work-life issues, communications, training tion. He was also named one of the top sent that a copy of an article about the and governance. The committee meets twice 25 community leaders by the Greenville award from the June 2, 2008, Rutland a year to review financial information and News in 2000, 2001, and 2002. He has been Herald be printed in the RECORD so receives operational updates from the var- awarded honorary doctorate degrees that all Senators can read about the ious departments. from Winthrop University, the Univer- The Carris committee is made up of man- success and admirable business prac- sity of South Carolina, and Clemson tices of this visionary Vermont com- agement and employees who serve three-year University. In January 2003, he was pany. terms. In addition, the ESOP Association presented with the Order of the Pal- There being no objection, the mate- points out that the committee keeps alive rial was ordered to be printed in the the vision of Bill Carris, the son of founder metto, the State’s highest award for a Henry Carris, who moved the company to- civilian. RECORD, as follows: ward employee ownership in 1995. Bill Carris’ A leader in community affairs, Bar- [From the Rutland Herald, June 2, 2008] long-term plan is that ‘‘organizations consist ton has served on the governing boards CARRIS REELS WINS ‘COMPANY OF YEAR’ of three dimensions: spiritual, emotional, of the Greater Greenville Chamber of AWARD and physical.’’ (By Bruce Edwards) The keynote speaker at the Vermont con- Commerce, the Historic Greenville Foundation, and the YMCA. He is a Carris Reels will occupy a special place at ference at Champlain College is Veda Clark, this week’s sixth annual Vermont Employee CEO of Lite Control, an ESOP-owned com- commissioner for the Southern Asso- Ownership Conference in Burlington. pany in Massachusetts that is known for its ciation of Colleges and Schools and has The Rutland-based company was recently employee participation programs. chaired the board of directors of the presented with the national 2008 ESOP Com- The conference agenda also includes the Donaldson Air Force Base Museum and pany of the Year award by the ESOP Asso- following workshops: the South Carolina Technical College Social responsibility and the employee- ciation—the national trade association for Presidents’ Council. He has served on companies with employee stock ownership ownership movement, How to successfully plans. lead an employee-owned company, Balancing the Executive Committee for Friends ‘‘Carris Reels is an example of the value short- and long-term rewards in companies of the Greenville Hospital System, on and potential that employee ownership can with an ESOP, How to leverage employee the Governor’s Task Force on Edu- bring to (a) company,’’ J. Michael Keeling, ownership as a marketing tool, Structuring cation in South Carolina, and as hon- president of The ESOP Association, said in a an employee-owned company for inclusive orary chairman of the March of Dimes statement. ‘‘The employee owners of Carris decision-making, The differences between Team Walk for Greenville. He is also Reels strive to make their company stronger ESOPs and worker co-operatives and which an active member of the Greenville Ro- is best suited for their company, The basics each day and it shows in the work they do tary Club. and in the value they place on the individ- of financing an ESOP; and the keys to busi- uals who make up their company.’’ ness valuation, How to manage an estab- Dr. Barton has served his State and Founded in 1951 by Henry Carris, the com- lished ESOP, Coping with growth in worker his community well as an educator and pany manufactures a line of reels for the cooperatives, Long-term ESOP sustain- civic leader. I wish him the very best in

VerDate Aug 31 2005 08:13 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.027 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5035 his retirement and ask that the U.S. South Dakota that follows the Louis name with the historical Pennsylvania Senate join me in thanking Dr. Barton and Clark Trail up the Missouri River. battle. In fact, many street, township, for his lifelong career of service.∑ Its business sector encompasses a wide and community names in Potter Coun- f variety of trades from agriculture, ty mimic Civil War history. The Chi- automotive, finance, and tourist amen- cago and Northwestern Railroads were 125TH ANNIVERSARY OF THE ities. Hunting and fishing are signifi- a significant boost to the Gettysburg FOUNDING OF PIERRE, SOUTH cant draws of the area, and support economy, and promoted a thriving ag- DAKOTA many local resorts based on such rec- ricultural and economic community. ∑ Mr. JOHNSON. Mr. President, I wish reational activity. Gettysburg even boasts of the first today to recognize the 125th anniver- Onida will be celebrating its swimming pool in the State of South sary of the founding of one of South quasquicentennial during the Oahe Dakota being nearby. Dakota’s great cities, Pierre. Pierre is Days in early August. Even 125 years The 125th anniversary celebration the capital of the State, and the coun- after its founding, Onida continues to will be held June 27–29, kicking off ty seat of Hughes County. Pierre be a vital community and a great asset with an all class reunion. The festivi- boasts a robust economy and excep- to South Dakota. I am proud to pub- ties include a parade, ping-pong ball tional quality of life, and things are licly honor Onida on this memorable drop, antique car show, and banquet. only getting better for this dynamic occasion. The citizens of Onida are con- For activities outside the celebration city. tinuing to live up to their motto: miles weekend, the Gettysburg Country Pierre was founded in July of 1878, and miles of sunflower smiles.∑ Club’s fantastic golf course and Dakota preceding the arrival of the Chicago Sunset Museum are a testament to the f and North Western Railroads 2 years city’s progressive nostalgia. later. Taking its name from the French 125TH ANNIVERSARY OF ROSCOE, Mr. President, it has been my honor fur trader, Pierre Chouteau, Pierre was SOUTH DAKOTA to represent the citizens of Gettysburg designated the State capital in 1889. ∑ Mr. JOHNSON. Mr. President, today as a Member of Congress since 1986. I Pierre’s citizens are justly proud of I wish to recognize the community of am proud to publicly recognize Gettys- their city’s history, and they have un- Roscoe, SD, on reaching the 125th anni- burg and congratulate the community dertaken numerous successful projects versary of its founding. Located in on this achievement. As the people of designed to preserve and celebrate this Edmunds County, Roscoe is a rural Gettysburg take this opportunity to heritage. community infused with hospitality, appreciate how far the city has come Today, Pierre is the major trade cen- beauty, and an exceptional quality of from its beginnings, I know they will ter of central South Dakota and enjoys life. understand the important role Gettys- an economy mixed with government, Having come far since Sam Basford burg plays in making South Dakota agriculture, and plenty of good hunting ∑ and Charles Purchase Morgan used a the great State that it is. and fishing with nearby Oahe Dam. The tent as a hotel in April 1883, Roscoe f Capital’s many attractions include the was named after Charles Morgan’s good Capitol Building, built in 1910, and the 125TH ANNIVERSARY OF THE friend Roscoe Conkling. The combina- Fighting Stallions, World War II, Ko- FOUNDING OF HOVEN, SOUTH tion of Basford, Morgan, Engle, and El- rean, and Vietnam Memorials. DAKOTA liot’s land toward the creation of Ros- The 125th anniversary celebrations ∑ Mr. JOHNSON. Mr. President, today are to be held June 18–22, and include coe led to its importance as a transpor- I pay tribute to the 125th anniversary the 19th Annual Dakota Duck Derby, tation center in 1886 for the Chicago, of the founding of the community of parade, fireworks, watermelon eating Milwaukee & St. Paul Railroad. From Hoven, SD. After 125 years, this pro- contest, and antique car show. The An- the boom of migration westward, Ros- gressive community in the Blue Blan- niversary Gala will bring together the coe persevered and prospered through ket Valley will have a chance to reflect current and past mayors of Pierre to life’s trials in the great frontier. on its past and future, and I congratu- reminisce and appreciate the history of Today, Roscoe is still a thriving com- late the people of Hoven for all that the South Dakota capital. munity. There are upwards of 30 active they have accomplished. Pierre combines the warmth and businesses operating in Roscoe, includ- Dating back to the Louisiana Pur- friendliness of a small town with the ing one of the largest honeybee farms chase in 1803, the establishment of the vibrancy associated with larger com- in the Nation, two farm equipment Dakota Territory in 1861, and the munities. I am pleased to recognize the dealerships, seed dealerships, and a Homestead Act of 1862, Hoven is lo- achievements of Pierre and to offer my post. Roscoe’s school is still running, cated in Potter County of northeast congratulations to the residents of the and the town boasts several churches South Dakota. Settled in 1883 east of city on this historic milestone.∑ and a public library. Swan Lake, the enterprising prairie f The people of Roscoe celebrated this town boasted two general stores, a momentous occasion on the weekend of bank, a newspaper, a jewelry store, and 125TH ANNIVERSARY OF THE July 4–6. A parade, car show, and local two saloons to name only a few busi- FOUNDING OF ONIDA, SOUTH DA- entertainment kick off the celebration, nesses. The grand ‘‘Cathedral of the KOTA with picnics, art, and games in the Prairies’’ has graced the skyline of ∑ Mr. JOHNSON. Mr. President, today beautiful city park. One hundred and Hoven since its completion in the early I pay tribute to the 125th anniversary twenty five years after its founding, 20th century. of the founding of the city of Onida, Roscoe remains a vital community and The quasquicentennial festivities SD. As the county seat of Sully Coun- a great asset to the wonderful State of over the Fourth of July weekend com- ty, this vibrant, progressive commu- South Dakota. I am proud to honor mence at twilight with a fireworks dis- nity has been a center of commercial Roscoe on this historic milestone.∑ play. Additionally, the celebration will and civic activity since its inception. f include a 5K, softball and golf tour- The site which Onida is built on was naments, a parade, and a ‘‘Missed’’ 125TH ANNIVERSARY OF THE chosen by Charles Agar, Charles Hoven Pageant, for any males desiring FOUNDING OF GETTYSBURG, Holmes, and Frank Brigham of Oneida to compete for a pageant crown. NY. Within a month of raising the sin- SOUTH DAKOTA Known today as the ‘‘little town with gle place of lodging in Onida for land- ∑ Mr. JOHNSON. Mr. President, today the big church,’’ Hoven has grown into seekers, the city gained a grocer, hard- I wish to honor the city of Gettysburg, a credit to the State of South Dakota ware store, and post office. When de- SD, and to recognize the 125th anniver- with its business prosperity. The peo- clared the seat of Sully County, a sary of its founding. Situated in Potter ple of Hoven will celebrate their courthouse, permanent hotel, multiple County, Gettysburg’s history and suc- achievements July 4–6. I am proud to grocers, and a bank were soon to fol- cess is a testament to the great State join with the community members of low. of South Dakota. Hoven in celebrating the last 125 years Today, Onida is a prime example of Gettysburg was settled in 1883 by 200 and looking forward to a promising fu- the natural beauty and recreation in Civil War veterans, thus sharing its ture.∑

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.036 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5036 CONGRESSIONAL RECORD — SENATE June 4, 2008 HONORING JOEL SOUTHERN Rather than show off his expertise the wind in Denmark’s Jutland Penin- ∑ Ms. MURKOWSKI. Mr. President, simply to promote his own ego, Joel sula blowing in from the North Sea can today I bid farewell to a broadcast uses his knowledge to constantly ex- be almost as biting as Alaska’s North journalist who has done more to keep plain complex stories in simple, under- Slope. Again, best wishes and good Alaskans informed of the happenings in standable terms. While he always asks luck in the future.∑ Washington, DC, over the past 21 years tough, probing questions of politicians f and newsmakers, Joel asks them in a than any other single journalist in the HONORING DOLPHIN MINI GOLF State. I rise to honor Joel Southern, fair, balanced and nonopinionated way. ∑ the Washington, DC, correspondent for He does better at separating his per- Ms. SNOWE. Mr. President, today I the Alaska Public Radio Network, and sonal opinions from his reporting than recognize a small business from my to wish him well in his future endeav- most anyone. He has been fair, unbi- home State of Maine that recently ors. ased and totally objective for the en- hosted the 2008 U.S. ProMiniGolf Asso- I entered politics in Alaska only in tirety of his two decades of Washington ciation’s U.S. Open Tournament. Dol- 1998, but by that time I had been listen- reporting—and that is a record he can phin Mini Golf, an 18-hole, par 50 mini- ing to Joel’s radio reports on Wash- be proud of. ature golf course located in the charm- ington developments for nearly a dec- Over the past 21 years Joel has cov- ing Midcoast town of Boothbay, is the ade. Most of my early knowledge of the ered everything from the impeachment first location in the Northeast to host political battle over the opening of the of a President to the contamination of this exciting annual event. coastal plain of the Arctic National Senate buildings by anthrax spores. He Dolphin Mini Golf is no ordinary Wildlife Refuge to potential oil and gas has covered the swearing in of three miniature golf course. A nautical development came from Joel’s reports, different Presidents, and reported on theme pervades the landscape, with starting in 1987—the year when the en- more changes in political leadership in each hole having a unique decoration. vironmental impact statement on Congress than veteran journalists Laden with challenging obstacles, from ANWR first was released by the De- twice his age. His range has been a fisherman’s house to a whale’s eye, partment of the Interior. shown by both covering more congres- and dotted with dolphins, lighthouses, My understanding of the efforts in sional hearings than most any congres- and anchors, the course is a taxing test Washington to change oil spill regula- sional correspondent and by working in for even the most advanced miniature tions in the wake of the Exxon Valdez subzero degree temperatures while cov- golfer. Additionally, the rotating ship’s oil spill of 1989 came from Joel’s re- ering the 1996 Iditarod Trail Sled Dog wheel and spinning lobster buoys pro- porting. Growing up in Wrangell, I Race in Alaska. vide the course with an added level of knew a good deal about Alaska’s south- Along the way he has covered the Su- difficulty. east timber industry, still Joel’s re- preme Court and specialized in agricul- A perfect attraction for tourists to porting over efforts to pass the tural news, producing the European the Maine coast and locals alike, Dol- Tongass Timber Reform Act in 1991 Community Farm Line in conjunction phin Mini Golf has earned its reputa- gave me a breadth of understanding with the European Union, produced tion as one of the country’s premier that has been invaluable during my 6 stories for CBC Radio affiliates and the miniature golf entertainment com- years in the U.S. Senate. I could go on Australian Broadcasting Corp., pro- plexes. In fact, Dolphin has been rated and on and on with other examples. vided pieces to National Public Radio as one of the top 10 mini golf courses Joel Southern has been the eyes in on a variety of topics, and done some nationwide by several professionals on the Nation’s Capital for tens of thou- stringing for the AP. He has done multiple occasions in USA Today. This sands of Alaskans who live across the interviews for C–SPAN and Canadian made Dolphin Mini Golf an ideal loca- far-flung reaches of our State; where Broadcasting Corporation radio sta- tion for the recent 11th annual U.S. local newspaper coverage is sparse, tions. And he has written columns on Open Tournament, which was held on where TV coverage consists of cable Alaska oil and natural gas/energy pol- May 17 and 18 and organized by the coverage sometimes lacking in state- icy for a Canadian publication, Far U.S. ProMiniGolf Association, which wide or local news, and where only pub- North Oil and Gas Journal. promotes the increased play of minia- lic radio is the source of information In between working seemingly con- ture golf and sanctions several tour- and public affairs. stantly, he has found time to marry his naments each year. This year’s U.S. Joel, a native of Winston-Salem, NC, charming wife Helene, to be a devoted Open featured entrants from across the moved to Washington in 1986, earning dad to two beautiful children, and still United States and Europe and con- his master’s degree in journalism and do more to inform Alaskans about the sisted of six separate events, including public affairs from American Univer- events in Washington that affect their a junior tournament, as well as senior sity. While an undergrad student he future and the future of their children and amateur divisions. worked as a student announcer start- and grandchildren than most any other Dolphin’s owner, Lee Stoddard, de- ing in 1981 at WFDD-FM, the Wake single journalist. And he has done it cided to use the opportunity of hosting Forest University radio station, where while displaying a keen curiosity, an the event to highlight something big- he learned to pronounce the names of impressive intellect, an insightful ger than sports. He selected Operation classical composers for his DJ stints, a mind, a balanced sense of fairness and Recognition, a non-profit organization skill that served him well when pro- decency and a never-failing sense of that recognizes America’s servicemem- nouncing Inupiat and Native names, good humor that is far too lacking bers by providing them with a week of such as Tuntutaliak or Atqasuk or both inside the U.S. Capitol and out- relaxation in Maine, to receive pro- Atmautluak. side its walls. ceeds from the U.S. Open. Operation Formerly an employee of the famed I will miss his presence in Wash- Recognition was founded in May 2007, Berns—News—Bureau, a starting point ington, but I know Alaskans from and its vacations provide military fam- for a number of great journalists, he Kaktovik to Adak and from Ketchikan ilies with all-expense-paid trips, in- moved onto the full-time staff of the to Point Hope will miss him even more. cluding lodging, scenic boat tours, and, Alaska Public Radio Network in 1991 I can only wish Joel and his family the naturally, passes to play at Dolphin and since has provided more radio re- very best on their coming European ad- Mini Golf. ports for the network’s main news pro- venture and thank him for having done In addition to this year’s U.S. Open, gram, Alaska News Nightly, than any the best possible service to his adopted Dolphin Mini Golf hosts its own tour- other single individual. Over time Joel State; that of informing the citizens of nament each September. This 14-year has learned more about the arcane Alaska with wisdom and wit for over tradition draws players from near and areas of Alaska public land law, more two decades. far to benefit a good cause: the tour- about oil and gas production, more Thank you, Joel, and God’s speed. I nament raises money for Shriners Hos- about commercial fishing and mining suspect I will be hearing your voice pitals for Children in New England. and more about the complex arena of from Copenhagen during next year’s These crucial facilities provide treat- politics in the 49th State than most climate change COP 15 negotiations. ment for children with a variety of ill- anyone else. Just remember while Alaska is cold, nesses and ailments, including burn

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.018 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5037 victims, orthopedic care, and spinal H.R. 4106. An act to improve teleworking in EC–6455. A communication from the Con- cord injury rehabilitation. Mr. executive agencies by developing a telework gressional Review Coordinator, Animal and Stoddard’s commitment to the welfare program that allows employees to telework Plant Health Inspection Service, Department of the region’s neediest children is at least 20 percent of the hours worked in of Agriculture, transmitting, pursuant to every 2 administrative workweeks, and for law, the report of a rule entitled ‘‘Exotic truly admirable. other purposes. Newcastle Disease; Quarantine Restrictions’’ Dolphin Mini Golf is a fitting symbol H.R. 4791. An act to amend title 44, United (Docket No. APHIS–2006–0036) received on of Maine’s creative entrepreneurship. States Code, to strengthen requirements for May 29, 2008; to the Committee on Agri- But under Lee Stoddard’s leadership, it ensuring the effectiveness of information se- culture, Nutrition, and Forestry. also represents a sincere kindness and curity controls over information resources EC–6456. A communication from the Ad- compassion. Through sheer hard work that support Federal operations and assets, ministrator, Agricultural Marketing Serv- and for other purposes. ice, Department of Agriculture, transmit- and dedication, Mr. Stoddard has ting, pursuant to law, the report of a rule en- turned Dolphin into an exemplary min- H.R. 5477. An act to designate the facility of the United States Postal Service located titled ‘‘Livestock Mandatory Reporting; Re- iature golf course and a standout small at 120 South Del Mar Avenue in San Gabriel, establishment and Revision of the Reporting business. I congratulate everyone at California, as the ‘‘Chi Mui Post Office Regulation for Swine, Cattle, Lamb, and Dolphin Mini Golf for earning the Building’’. Boxed Beef’’ ((RIN0581–AC67) (Docket No. AMS–LS–07–0106)) received on May 29, 2008; honor of playing host to this year’s The message further announced that U.S. Open Tournament and thank them to the Committee on Agriculture, Nutrition, the House has agreed to the following and Forestry. for their considerable generosity to our concurrent resolution, in which it re- EC–6457. A communication from the Direc- Nation’s veterans and children.∑ quests the concurrence of the Senate: tor, Regulatory Management Division, Envi- f H. Con. Res. 138. Concurrent resolution ronmental Protection Agency, transmitting, supporting National Men’s Health Week. pursuant to law, the report of a rule entitled MESSAGES FROM THE PRESIDENT ‘‘Hexythiazox; Pesticide Tolerances’’ (FRL Messages from the President of the f No. 8365–2) received on May 29, 2008; to the United States were communicated to MEASURES REFERRED Committee on Agriculture, Nutrition, and the Senate by Mrs. Neiman, one of his Forestry. The following bills were read the first EC–6458. A communication from the Direc- secretaries. and the second times by unanimous tor, Regulatory Management Division, Envi- f consent, and referred as indicated: ronmental Protection Agency, transmitting, CAPS EXECUTIVE MESSAGES H.R. 1734. An act to designate the facility pursuant to law, the report of a rule entitled ‘‘Fluopicolide; Pesticide Tolerances’’ (FRL REFERRED of the United States Postal Service located at 630 Northeast Killingsworth Avenue in No. 8363–7) received on May 29, 2008; to the As in executive session the Presiding Portland, Oregon, as the ‘‘Dr. Martin Luther Committee on Agriculture, Nutrition, and Officer laid before the Senate messages King, Jr. Post Office’’; to the Committee on Forestry. from the President of the United Homeland Security and Governmental Af- EC–6459. A communication from the Chief Counsel, Federal Emergency Management States submitting sundry nominations, fairs. H.R. 3774. An act to provide for greater di- Agency, Department of Homeland Security, a treaty and a withdrawal which were transmitting, pursuant to law, the report of referred to the appropriate commit- versity within, and to improve policy direc- tion and oversight of, the Senior Executive a rule entitled ‘‘Changes in Flood Elevation Determinations’’ (73 FR 21049) received on tees. Service; to the Committee on Homeland Se- June 3, 2008; to the Committee on Banking, (The nominations received today are curity and Governmental Affairs. printed at the end of the Senate pro- H.R. 4106. An act to improve teleworking in Housing, and Urban Affairs. EC–6460. A communication from the Chair- ceedings.) executive agencies by developing a telework man, Federal Financial Institutions Exam- program that allows employees to telework f ination Council, Appraisal Subcommittee, at least 20 percent of the hours worked in MESSAGES FROM THE HOUSE transmitting, pursuant to law, the Sub- every 2 administrative workweeks, and for committee’s Annual Report for fiscal year At 11:03 a.m., a message from the other purposes; to the Committee on Home- 2007; to the Committee on Banking, Housing, House of Representatives, delivered by land Security and Governmental Affairs. and Urban Affairs. H.R. 4791. An act to amend title 44, United Ms. Niland, one of its reading clerks, EC–6461. A communication from the Chief States Code, to strengthen requirements for of Regulations and Administrative Law, U.S. announced that the House has passed ensuring the effectiveness of information se- the following bill, in which it requests Coast Guard, Department of Homeland Secu- curity controls over information resources rity, transmitting, pursuant to law, the re- the concurrence of the Senate: that support Federal operations and assets, port of a rule entitled ‘‘Long Range Identi- H. R. 6049. An act to amend the Internal and for other purposes; to the Committee on fication and Tracking of Ships’’ ((RIN1625– Revenue Code of 1986 to provide incentives Homeland Security and Governmental Af- AB00) (USCG–2005–22612)) received on May 29, for energy production and conservation, to fairs. 2008; to the Committee on Commerce, extend certain expiring provisions, to pro- H.R. 5477. An act to designate the facility Science, and Transportation. vide individual income tax relief, and for of the United States Postal Service located EC–6462. A communication from the Chief other purposes. at 120 South Del Mar Avenue in San Gabriel, of Regulations and Administrative Law, U.S. California, as the ‘‘Chi Mui Post Office Coast Guard, Department of Homeland Secu- At 3:06 p.m, a message from the Building’’; to the Committee on Homeland rity, transmitting, pursuant to law, the re- House of Representatives, delivered by Security and Governmental Affairs. port of a rule entitled ‘‘Tank Level or Pres- Ms. Niland, one of its reading clerks, The following concurrent resolution sure Monitoring Devices on Single-Hull announced that the House has passed was read, and referred as indicated: Tank Ships and Single-Hull Tank Barges Carrying Oil or Oil Residue as Cargo’’ the following bill, without amendment: H. Con. Res. 138. Concurrent resolution ((RIN1625–AB12) (USCG–2001–9046)) received S. 2420. An act to encourage the donation supporting National Men’s Health Week; to on May 29, 2008; to the Committee on Com- of excess food to nonprofit organizations the Committee on Health, Education, Labor, merce, Science, and Transportation. that provide assistance to food-insecure peo- and Pensions. EC–6463. A communication from the Chief ple in the United States in contracts entered f of Regulations and Administrative Law, U.S. into by executive agencies for the provision, Coast Guard, Department of Homeland Secu- service, or sale of food. EXECUTIVE AND OTHER rity, transmitting, pursuant to law, the re- COMMUNICATIONS The message also announced that the port of a rule entitled ‘‘Implementation of House has passed the following bills, in The following communications were Vessel Security Officer Training and Certifi- laid before the Senate, together with cation Requirements—International Conven- which it requests the concurrence of tion on Standards of Training, Certification the Senate: accompanying papers, reports, and doc- and Watchkeeping for Seafarers, 1978, as H.R. 1734. An act to designate the facility uments, and were referred as indicated: amended’’ ((RIN1625–AB26)(USCG–2008–0028)) of the United States Postal Service located EC–6454. A communication from the Dep- received on May 29, 2008; to the Committee at 630 Northeast Killingsworth Avenue in uty Under Secretary of Defense (Acquisition on Commerce, Science, and Transportation. Portland, Oregon, as the ‘‘Dr. Martin Luther and Technology), transmitting, pursuant to EC–6464. A communication from the Chief King, Jr. Post Office’’. law, notification of the status of a report on of Regulations and Administrative Law, U.S. H.R. 3774. An act to provide for greater di- a plan to increase the usage of environ- Coast Guard, Department of Homeland Secu- versity within, and to improve policy direc- mentally friendly products at all of the De- rity, transmitting, pursuant to law, the re- tion and oversight of, the Senior Executive partment’s facilities; to the Committee on port of a rule entitled ‘‘Special Local Regu- Service. Armed Services. lations (including 3 regulations beginning

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.045 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5038 CONGRESSIONAL RECORD — SENATE June 4, 2008 with USCG–2008–0074)’’ (RIN1625–AB08) re- EC–6476. A communication from the Sec- the period of October 1, 2007 , through March ceived on May 29, 2008; to the Committee on retary of Commerce, transmitting, pursuant 31, 2008; to the Committee on Homeland Se- Commerce, Science, and Transportation. to law, the Office of Inspector General’s curity and Governmental Affairs. EC–6465. A communication from the Chief Semiannual Report for the period of October EC–6488. A communication from the Chair- of Regulations and Administrative Law, U.S. 1, 2007, through March 31, 2008; to the Com- man, Federal Housing Finance Board, trans- Coast Guard, Department of Homeland Secu- mittee on Homeland Security and Govern- mitting, pursuant to law, the Office of In- rity, transmitting, pursuant to law, the re- mental Affairs. spector General’s Semiannual Report for the port of a rule entitled ‘‘Drawbridge Oper- EC–6477. A communication from the Sec- period of October 1, 2007, through March 31, ation Regulations (including 8 regulations retary of Energy, transmitting, pursuant to 2008; to the Committee on Homeland Secu- beginning with USCG–2008–001)’’ (RIN1625– law, the Office of Inspector General’s Semi- rity and Governmental Affairs. AA09) received on May 29, 2008; to the Com- annual Report for the period of October 1, EC–6489. A communication from the Direc- mittee on Commerce, Science, and Transpor- 2007, through March 31, 2008; to the Com- tor, Office of Personnel Management, trans- tation. mittee on Homeland Security and Govern- mitting, pursuant to law, the Annual Pri- EC–6466. A communication from the Assist- mental Affairs. vacy Activity Report for fiscal year 2007; to ant Secretary of the Interior (Fish and Wild- EC–6478. A communication from the Attor- the Committee on Homeland Security and life and Parks), transmitting, pursuant to ney General, transmitting, pursuant to law, Governmental Affairs. law, the report of a rule entitled ‘‘2008–2009 the semiannual reports of the Attorney Gen- EC–6490. A communication from the Chair- Refuge-Specific Hunting and Sport Fishing eral and the Inspector General for the period man, Council of the District of Columbia, Regulations’’ (RIN1018–AU61) received on of October 1, 2007, through March 31, 2008; to transmitting, pursuant to law, a report on June 3, 2008; to the Committee on Energy the Committee on Homeland Security and D.C. Act 17–397, ‘‘Abe Pollin Way Designa- and Natural Resources. Governmental Affairs. tion Act of 2008’’ received on June 3, 2008; to EC–6467. A communication from the Ad- EC–6479. A communication from the Sec- the Committee on Homeland Security and ministrator, Federal Emergency Manage- retary of Veterans Affairs, transmitting, Governmental Affairs. ment Agency, Department of Homeland Se- pursuant to law, the Office of Inspector Gen- EC–6491. A communication from the Chair- curity, transmitting, pursuant to law, notifi- eral’s Semiannual Report for the period of man, Council of the District of Columbia, cation that the cost of response and recovery October 1, 2007, through March 31, 2008; to transmitting, pursuant to law, a report on D.C. Act 17–396, ‘‘Child and Family Services efforts in the State of Illinois have exceeded the Committee on Homeland Security and Grant-Making Amendment Act of 2008’’ re- the $5,000,000 limit; to the Committee on En- Governmental Affairs. ceived on June 3, 2008; to the Committee on vironment and Public Works. EC–6480. A communication from the Chair- EC–6468. A communication from the Direc- man of the Postal Regulatory Commission, Homeland Security and Governmental Af- tor, Regulatory Management Division, Envi- transmitting, pursuant to law, the Office of fairs. EC–6492. A communication from the Chair- ronmental Protection Agency, transmitting, Inspector General’s Semiannual Report for man, Council of the District of Columbia, pursuant to law, the report of a rule entitled the period of October 1, 2007, through March transmitting, pursuant to law, a report on ‘‘Method 207—Pre-Survey Procedure for Corn 31, 2008; to the Committee on Homeland Se- D.C. Act 17–395, ‘‘Child Abuse and Neglect In- Wet-Milling Facility Emission Sources’’ curity and Governmental Affairs. vestigation Record Access Amendment Act EC–6481. A communication from the Chair- ((RIN2060–AO39)(FRL No. 8572–1)) received on of 2008’’ received on June 3, 2008; to the Com- man of the Board of Governors, U.S. Postal May 29, 2008; to the Committee on Environ- mittee on Homeland Security and Govern- Service, transmitting, pursuant to law, the ment and Public Works. mental Affairs. EC–6469. A communication from the Com- Office of Inspector General’s Semiannual Re- EC–6493. A communication from the Chair- missioner, Social Security Administration, port for the period of October 1, 2007, through man, Council of the District of Columbia, transmitting, pursuant to law, the Adminis- March 31, 2008; to the Committee on Home- transmitting, pursuant to law, a report on tration’s Annual Report on the Supple- land Security and Governmental Affairs. D.C. Act 17–402, ‘‘Expanding Opportunities mental Security Income Program for fiscal EC–6482. A communication from the Sec- for Street Vending Around the Baseball Sta- year 2008; to the Committee on Finance. retary of Labor, transmitting, pursuant to dium Temporary Amendment Act of 2008’’ re- EC–6470. A communication from the Pro- law, the Office of Inspector General’s Semi- ceived on June 3, 2008; to the Committee on gram Manager, Centers for Medicare and annual Report for the period of October 1, Homeland Security and Governmental Af- Medicaid Services, Department of Health 2007, through March 31, 2008; to the Com- fairs. and Human Services, transmitting, pursuant mittee on Homeland Security and Govern- EC–6494. A communication from the Chair- to law, the report of a rule entitled ‘‘Medi- mental Affairs. man, Council of the District of Columbia, care Program; Medicare Part D Claims EC–6483. A communication from the Dis- transmitting, pursuant to law, a report on Data’’ ((RIN0938–AO58)(CMS–4119–F)) re- trict of Columbia Auditor, transmitting, pur- D.C. Act 17–401, ‘‘Closing of Public Alleys, ceived on May 22, 2008; to the Committee on suant to law, a report entitled, ‘‘Letter Re- the Opening of Streets, and the Dedication Finance. port: Results of Auditor’s Review of Quality and Designation of Land for Street and Alley EC–6471. A communication from the Chief Assurance Practices Related to Certain Con- Purposes in Squares 6123, 6125, and 6125 S.O. of the Publications and Regulations Branch, gregate Care Providers’’; to the Committee 06–4886, Act of 2008’’ received on June 3, 2008; Internal Revenue Service, Department of the on Homeland Security and Governmental Af- to the Committee on Homeland Security and Treasury, transmitting, pursuant to law, the fairs. Governmental Affairs. report of a rule entitled ‘‘Amendment to EC–6484. A communication from the Direc- EC–6495. A communication from the Chair- Revenue Procedure 2006–9’’ (Rev. Proc. 2008– tor, Office of Congressional Affairs, Nuclear man, Council of the District of Columbia, 31) received on May 29, 2008; to the Com- Regulatory Commission, transmitting, pur- transmitting, pursuant to law, a report on mittee on Finance. suant to law, the report of a rule entitled D.C. Act 17-398, ‘‘Omnibus Alcoholic Bev- EC–6472. A communication from the Acting ‘‘Administrative Changes: NRC Region IV erage Amendment Act of 2008’’ received on Assistant Legal Adviser for Treaty Affairs, Address Change and Phone Number and E- June 3, 2008; to the Committee on Homeland Department of State, transmitting, pursuant mail Address Change’’ (RIN3150–AI39) re- Security and Governmental Affairs. to the Case-Zablocki Act, 1 U.S.C. 112b, as ceived on June 3, 2008; to the Committee on EC–6496. A communication from the Chair- amended, the report of the texts and back- Homeland Security and Governmental Af- man, Council of the District of Columbia, ground statements of international agree- fairs. transmitting, pursuant to law, a report on ments, other than treaties (List 2008–69— EC–6485. A communication from the Chief D.C. Act 17–394, ‘‘Motor Vehicle Theft Pre- 2008–83); to the Committee on Foreign Rela- Executive Officer, Corporation for National vention Act of 2008’’ received on June 3, 2008; tions. and Community Service, transmitting, pur- to the Committee on Homeland Security and EC–6473. A communication from the U.S. suant to law, the Office of Inspector Gen- Governmental Affairs. Global AIDS Coordinator, Department of eral’s Semiannual Report along with the EC–6497. A communication from the Chair- State, transmitting, pursuant to law, a re- Corporation’s Report on Final Action for the man, Council of the District of Columbia, port on Health Care Worker Training in the period of October 1, 2007, through March 31, transmitting, pursuant to law, a report on President’s Emergency Plan for AIDS Relief; 2008; to the Committee on Homeland Secu- D.C. Act 17–390, ‘‘District of Columbia Med- to the Committee on Foreign Relations. rity and Governmental Affairs. ical Liability Captive Insurance Agency Es- EC–6474. A communication from the U.S. EC–6486. A communication from the Chair- tablishment Act of 2008’’ received on June 3, Global AIDS Coordinator, Department of man, National Endowment for the Arts, 2008; to the Committee on Homeland Secu- State, transmitting, pursuant to law, a re- transmitting, pursuant to law, the Office of rity and Governmental Affairs. port on Food Security in the President’s Inspector General’s Semiannual Report as EC–6498. A communication from the Chair- Emergency Plan for AIDS Relief; to the well as the Chairman’s Report on Final Ac- man, Council of the District of Columbia, Committee on Foreign Relations. tion for the period of October 1, 2007, through transmitting, pursuant to law, a report on EC–6475. A communication from the U.S. March 31, 2008; to the Committee on Home- D.C. Act 17–389, ‘‘Ethel Kennedy Bridge Des- Global AIDS Coordinator, Department of land Security and Governmental Affairs. ignation Act of 2008’’ received on June 3, State, transmitting, pursuant to law, a re- EC–6487. A communication from the In- 2008; to the Committee on Homeland Secu- port on the use of generic drugs in the Presi- spector General, Railroad Retirement Board, rity and Governmental Affairs. dent’s Emergency Plan for AIDS Relief; to transmitting, pursuant to law, the Office of EC–6499. A communication from the Chair- the Committee on Foreign Relations. Inspector General’s Semiannual Report for man, Council of the District of Columbia,

VerDate Aug 31 2005 06:54 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.051 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5039 transmitting, pursuant to law, a report on EC–6511. A communication from the Chair- H.R. 4140. A bill to designate the Port An- D.C. Act 17–388, ‘‘Rev. M. Cecil Mills Way man, Council of the District of Columbia, geles Federal Building in Port Angeles, Designation Act of 2008’’ received on June 3, transmitting, pursuant to law, a report on Washington, as the ‘‘Richard B. Anderson 2008; to the Committee on Homeland Secu- D.C. Act 17–375, ‘‘Gerard W. Burke, Jr. Build- Federal Building’’. rity and Governmental Affairs. ing Designation Act of 2008’’ received on S. 2403. A bill to designate the new Federal EC–6500. A communication from the Chair- June 3, 2008; to the Committee on Homeland Courthouse, located in the 700 block of East man, Council of the District of Columbia, Security and Governmental Affairs. Broad Street, Richmond, Virginia, as the transmitting, pursuant to law, a report on EC–6512. A communication from the Chair- ‘‘Spottswood W. Robinson III and Robert R. D.C. Act 17–385, ‘‘Vacancy Exemption Repeal man, Council of the District of Columbia, Merhige, Jr. Federal Courthouse’’. Temporary Amendment Act of 2008’’ received transmitting, pursuant to law, a report on S. 2837. A bill to designate the United on June 3, 2008; to the Committee on Home- D.C. Act 17–372, ‘‘Closing Agreement Act of States courthouse located at 225 Cadman land Security and Governmental Affairs. 2008’’ received on June 3, 2008; to the Com- Plaza East, Brooklyn, New York, as the EC–6501. A communication from the Chair- mittee on Homeland Security and Govern- ‘‘Theodore Roosevelt United States Court- man, Council of the District of Columbia, mental Affairs. house’’. transmitting, pursuant to law, a report on EC–6513. A communication from the Chair- By Mr. LEAHY, from the Committee on D.C. Act 17–382, ‘‘Student Voter Registration man, Council of the District of Columbia, the Judiciary, without amendment: Temporary Amendment Act of 2008’’ received transmitting, pursuant to law, a report on S. 2942. A bill to authorize funding for the on June 3, 2008; to the Committee on Home- D.C. Act 17–371, ‘‘E.W. Stevenson, Sr. Boule- National Advocacy Center. land Security and Governmental Affairs. vard Designation Act of 2008’’ received on By Mrs. BOXER, from the Committee on EC–6502. A communication from the Chair- June 3, 2008; to the Committee on Homeland Environment and Public Works, without man, Council of the District of Columbia, Security and Governmental Affairs. amendment: transmitting, pursuant to law, a report on EC–6514. A communication from the Chair- S. 3009. A bill to designate the Federal Bu- D.C. Act 17–383, ‘‘Veterans Rental Assistance man, Securities and Exchange Commission, reau of Investigation building under con- Temporary Amendment Act of 2008’’ received transmitting, pursuant to law, the Office of struction in Omaha, Nebraska, as the ‘‘J. on June 3, 2008; to the Committee on Home- Inspector General’s Semiannual Report for James Exon Federal Bureau of Investigation land Security and Governmental Affairs. the period of October 1, 2007, through March Building’’. EC–6503. A communication from the Chair- 31, 2008; to the Committee on Homeland Se- f man, Council of the District of Columbia, curity and Governmental Affairs. transmitting, pursuant to law, a report on EC–6515. A communication from the Chair- INTRODUCTION OF BILLS AND D.C. Act 17–373, ‘‘Lower Income Homeowner- man, Railroad Retirement Board, transmit- JOINT RESOLUTIONS ship Cooperative Housing Association Re- ting, pursuant to law, the Office of Inspector The following bills and joint resolu- Clarification Act of 2008’’ received on June 3, General’s Semiannual Report for the period 2008; to the Committee on Homeland Secu- of October 1, 2007, through March 31, 2008; to tions were introduced, read the first rity and Governmental Affairs. the Committee on Homeland Security and and second times by unanimous con- EC–6504. A communication from the Chair- Governmental Affairs. sent, and referred as indicated: man, Council of the District of Columbia, EC–6516. A communication from the Chair- By Mr. SMITH (for himself and Mrs. transmitting, pursuant to law, a report on man, National Credit Union Administration, LINCOLN): D.C. Act 17–381, ‘‘Film DC Economic Incen- transmitting, pursuant to law, the Office of S. 3079. A bill to amend the Internal Rev- tive Amendment Act of 2008’’ received on Inspector General’s Semiannual Report for enue Code of 1986 to provide income tax relief June 3 , 2008; to the Committee on Homeland the period of October 1, 2007, through March for families, and for other purposes; to the Security and Governmental Affairs. 31, 2008; to the Committee on Homeland Se- EC–6505. A communication from the Chair- Committee on Finance. curity and Governmental Affairs. By Mrs. FEINSTEIN (for herself, Mr. man, Council of the District of Columbia, EC–6517. A communication from the Acting transmitting, pursuant to law, a report on GREGG, Ms. CANTWELL, Mr. ALLARD, Chairman, Consumer Product Safety Com- and Ms. COLLINS): D.C. Act 17–380, ‘‘East of the River Hospital mission, transmitting, pursuant to law, the Revitalization Tax Exemption Amendment S. 3080. A bill to ensure parity between the Office of Inspector General’s Semiannual Re- temporary duty imposed on ethanol and tax Act of 2008’’ received on June 3, 2008; to the port for the period of October 1, 2007, through Committee on Homeland Security and Gov- credits provided on ethanol; to the Com- March 31, 2008; to the Committee on Home- ernmental Affairs. mittee on Finance. land Security and Governmental Affairs. EC–6506. A communication from the Chair- By Mr. KERRY: EC–6518. A communication from the Direc- man, Council of the District of Columbia, S. 3081. A bill to establish a Petroleum In- tor of Regulations Management, Veterans transmitting, pursuant to law, a report on dustry Antitrust Task Force within the De- Benefits Administration, Department of Vet- D.C. Act 17–379, ‘‘Department of Small and partment of Justice; to the Committee on erans Affairs, transmitting, pursuant to law, Local Business Development Subcontracting the Judiciary. the report of a rule entitled ‘‘Survivors’ and Clarification, Benefit Expansion, and Grant- By Mrs. McCASKILL (for herself and Dependents—Educational Assistance Pro- Making Authority Amendment Act of 2008’’ Mr. BOND): gram Period of Eligibility for Eligible Chil- received on June 3, 2008; to the Committee S. 3082. A bill to designate the facility of dren and Other Miscellaneous Issues’’ on Homeland Security and Governmental Af- the United States Postal Service located at fairs. (RIN2900–AL44) received on June 3, 2008; to 1700 Cleveland Avenue in Kansas City, Mis- EC–6507. A communication from the Chair- the Committee on Veterans’ Affairs. souri, as the ‘‘Reverend Earl Abel Post Office man, Council of the District of Columbia, f Building’’; to the Committee on Homeland Security and Governmental Affairs. transmitting, pursuant to law, a report on REPORTS OF COMMITTEES D.C. Act 17–378, ‘‘So Others Might Eat Prop- By Mr. BROWN (for himself, Mr. DOR- erty Tax Exemption Act of 2008’’ received on The following reports of committees GAN, Mr. FEINGOLD, Mr. CASEY, and June 3, 2008; to the Committee on Homeland were submitted: Mr. WHITEHOUSE): Security and Governmental Affairs. By Mrs. BOXER, from the Committee on S. 3083. A bill to require a review of exist- EC–6508. A communication from the Chair- Environment and Public Works, without ing trade agreements and renegotiation of man, Council of the District of Columbia, amendment: existing trade agreements based on the re- transmitting, pursuant to law, a report on H.R. 781. A bill to redesignate Lock and view, to set terms for future trade agree- D.C. Act 17–377, ‘‘Bicycle Policy Moderniza- Dam No. 5 of the McClellan-Kerr Arkansas ments, to express the sense of the Senate tion Amendment Act of 2008’’ received on River Navigation System near Redfield, Ar- that the role of Congress in trade policy- June 3, 2008; to the Committee on Homeland kansas, authorized by the Rivers and Har- making should be strengthened, and for Security and Governmental Affairs. bors Act approved July 24, 1946, as the ‘‘Colo- other purposes; to the Committee on Fi- EC–6509. A communication from the Chair- nel Charles D. Maynard Lock and Dam’’. nance. man, Council of the District of Columbia, H.R. 1019. A bill to designate the United f transmitting, pursuant to law, a report on States customhouse building located at 31 D.C. Act 17–376, ‘‘District of Columbia School Gonzalez Clemente Avenue in Mayaguez, SUBMISSION OF CONCURRENT AND Reform Property Disposition Clarification Puerto Rico, as the ‘‘Rafael Martinez Nadal SENATE RESOLUTIONS Amendment Act of 2008’’ received on June 3, United States Customhouse Building’’. The following concurrent resolutions 2008; to the Committee on Homeland Secu- By Mrs. BOXER, from the Committee on and Senate resolutions were read, and rity and Governmental Affairs. Environment and Public Works, with an EC–6510. A communication from the Chair- amendment in the nature of a substitute: referred (or acted upon), as indicated: man, Council of the District of Columbia, H.R. 3986. A bill to amend the John F. Ken- By Mr. MARTINEZ (for himself and transmitting, pursuant to law, a report on nedy Center Act to authorize appropriations Mr. NELSON of Florida): D.C. Act 17–374, ‘‘Washington Convention for the John F. Kennedy Center for the Per- S. Res. 582. A resolution recognizing the Center Authority Advisory Committee forming Arts, and for other purposes. work and accomplishments of Mr. Herbert Amendment Act of 2008’’ received on June 3, By Mrs. BOXER, from the Committee on Saffir, inventor of the Saffir-Simpson Hurri- 2008; to the Committee on Homeland Secu- Environment and Public Works, without cane Scale, during Hurricane Preparedness rity and Governmental Affairs. amendment: Week; to the Committee on the Judiciary.

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By Mr. ALEXANDER (for himself, Mr. S. 1661 S. 2938 BYRD, Mr. CORKER, Mrs. FEINSTEIN, At the request of Mr. DORGAN, the At the request of Mr. GRAHAM, the Mr. COLEMAN, Mr. KENNEDY, Mr. name of the Senator from Mississippi name of the Senator from Arizona (Mr. CRAPO, Ms. LANDRIEU, Mr. GREGG, (Mr. WICKER) was added as a cosponsor Mr. SCHUMER, Mr. SPECTER, Mrs. KYL) was added as a cosponsor of S. of S. 1661, a bill to communicate United BOXER, and Mr. ALLARD): 2938, a bill to amend titles 10 and 38, S. Res. 583. A resolution designating June States travel policies and improve United States Code, to improve edu- 20, 2008, as ‘‘American Eagle Day’’, and cele- marketing and other activities de- cational assistance for members of the brating the recovery and restoration of the signed to increase travel in the United Armed Forces and veterans in order to bald eagle, the national symbol of the United States from abroad. enhance recruitment and retention for States; considered and agreed to. S. 2453 the Armed Forces, and for other pur- f At the request of Mr. ALEXANDER, the poses. name of the Senator from Louisiana ADDITIONAL COSPONSORS S. 2942 (Mr. VITTER) was added as a cosponsor S. 388 of S. 2453, a bill to amend title VII of At the request of Mr. CARDIN, the At the request of Mr. THUNE, the the Civil Rights Act of 1964 to clarify names of the Senator from South Da- name of the Senator from Georgia (Mr. requirements relating to non- kota (Mr. JOHNSON) and the Senator CHAMBLISS) was added as a cosponsor of discrimination on the basis of national from New Hampshire (Mr. SUNUNU) S. 388, a bill to amend title 18, United origin. were added as cosponsors of S. 2942, a States Code, to provide a national bill to authorize funding for the Na- S. 2498 standard in accordance with which tional Advocacy Center. nonresidents of a State may carry con- At the request of Mr. BINGAMAN, the S. 2955 cealed firearms in the State. name of the Senator from Illinois (Mr. OBAMA) was added as a cosponsor of S. S. 803 At the request of Mr. WHITEHOUSE, 2498, a bill to authorize the minting of the name of the Senator from Wis- At the request of Mr. ROCKEFELLER, a coin to commemorate the 400th anni- the name of the Senator from New Jer- consin (Mr. KOHL) was added as a co- versary of the founding of Santa Fe, sponsor of S. 2955, a bill to authorize sey (Mr. MENENDEZ) was added as a co- New Mexico, to occur in 2010. sponsor of S. 803, a bill to repeal a pro- funds to the Local Initiatives Support vision enacted to end Federal matching S. 2606 Corporation to carry out its Commu- of State spending of child support in- At the request of Mr. DODD, the name nity Safety Initiative. centive payments. of the Senator from Pennsylvania (Mr. S. 2957 SPECTER) was added as a cosponsor of S. 899 At the request of Mr. LIEBERMAN, the S. 2606, a bill to reauthorize the United At the request of Mr. DODD, the name names of the Senator from Maine (Ms. States Fire Administration, and for of the Senator from Arkansas (Mrs. COLLINS) and the Senator from Maine other purposes. LINCOLN) was added as a cosponsor of S. (Ms. SNOWE) were added as cosponsors 899, a bill to amend section 401(b)(2) of S. 2618 of S. 2957, a bill to modernize credit the Higher Education Act of 1965 re- At the request of Ms. KLOBUCHAR, the union net worth standards, advance garding the Federal Pell Grant max- name of the Senator from Connecticut credit union efforts to promote eco- imum amount. (Mr. LIEBERMAN) was added as a co- nomic growth, and modify credit union sponsor of S. 2618, a bill to amend the S. 937 regularity standards and reduce bur- Public Health Service Act to provide At the request of Mr. CASEY, his dens, and for other purposes. for research with respect to various name was added as a cosponsor of S. S. 2991 937, a bill to improve support and serv- forms of muscular dystrophy, including At the request of Mr. REID, the name ices for individuals with autism and Becker, congenital, distal, Duchenne, of the Senator from Vermont (Mr. their families. Emery-Dreifuss Facioscapulohumeral, limb-girdle, myotonic, and oculo- SANDERS) was added as a cosponsor of S. 1003 pharyngeal muscular dystrophies. S. 2991, a bill to provide energy price At the request of Ms. STABENOW, the S. 2619 relief and hold oil companies and other name of the Senator from Georgia (Mr. At the request of Mr. COBURN, the entities accountable for their actions CHAMBLISS) was added as a cosponsor of name of the Senator from New Hamp- with regard to high energy prices, and S. 1003, a bill to amend title XVIII of for other purposes. the Social Security Act to improve ac- shire (Mr. SUNUNU) was added as a co- cess to emergency medical services and sponsor of S. 2619, a bill to protect in- S. 2994 nocent Americans from violent crime the quality and efficiency of care fur- At the request of Mr. LEVIN, the nished in emergency departments of in national parks. name of the Senator from Illinois (Mr. hospitals and critical access hospitals S. 2668 DURBIN) was added as a cosponsor of S. by establishing a bipartisan commis- At the request of Mr. KERRY, the 2994, a bill to amend the Federal Water sion to examine factors that affect the name of the Senator from Louisiana Pollution Control Act to provide for effective delivery of such services, by (Mr. VITTER) was added as a cosponsor the remediation of sediment contami- providing for additional payments for of S. 2668, a bill to amend the Internal nation in areas of concern. Revenue Code of 1986 to remove cell certain physician services furnished in S. 3044 such emergency departments, and by phones from listed property under sec- establishing a Centers for Medicare & tion 280F. At the request of Mr. REID, the names of the Senator from Vermont Medicaid Services Working Group, and S. 2723 (Mr. SANDERS) and the Senator from for other purposes. At the request of Mr. BROWN, the name of the Senator from Connecticut Virginia (Mr. WEBB) were added as co- S. 1437 sponsors of S. 3044, a bill to provide en- At the request of Ms. STABENOW, the (Mr. DODD) was added as a cosponsor of S. 2723, a bill to expand the dental ergy price relief and hold oil companies names of the Senator from Georgia and other entities accountable for their (Mr. ISAKSON), the Senator from Geor- workforce and improve dental access, prevention, and data reporting, and for actions with regard to high energy gia (Mr. CHAMBLISS), the Senator from prices, and for other purposes. New Mexico (Mr. BINGAMAN), the Sen- other purposes. ator from West Virginia (Mr. ROCKE- S. 2883 S.J. RES. 24 FELLER) and the Senator from Mis- At the request of Mr. ROCKEFELLER, At the request of Mr. GRAHAM, the sissippi (Mr. COCHRAN) were added as the name of the Senator from Illinois name of the Senator from Louisiana cosponsors of S. 1437, a bill to require (Mr. OBAMA) was added as a cosponsor (Mr. VITTER) was added as a cosponsor the Secretary of the Treasury to mint of S. 2883, a bill to require the Sec- of S.J. Res. 24, a joint resolution pro- coins in commemoration of the retary of the Treasury to mint coins in posing a balanced budget amendment semicentennial of the enactment of the commemoration of the centennial of to the Constitution of the United Civil Rights Act of 1964. the establishment of Mother’s Day. States.

VerDate Aug 31 2005 06:54 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.049 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5041 S. CON. RES. 82 countries with a strong biofuel crop lon if its intent is to offset a $0.45 per At the request of Mrs. LINCOLN, the could sell fuel to countries that suf- gallon blender subsidy, and it should be name of the Senator from North Caro- fered drought or other agricultural dif- reduced. lina (Mr. BURR) was added as a cospon- ficulties in the same crop year. Such a Ethanol from Brazil or Australia sor of S. Con. Res. 82, a concurrent res- global market would permit mutually should not have to overcome a trade olution supporting the Local Radio beneficial trade between producing re- barrier that no drop of OPEC oil must Freedom Act. gions and stabilize both fuel and food face. S. RES. 580 prices. Tariff defenders either should sup- At the request of Mr. BAYH, the It makes us more dependent on the port this legislation or explain how a names of the Senator from North Caro- Middle East for fuel when we should be tariff can justifiably be higher than the lina (Mrs. DOLE), the Senator from increasing the number of countries subsidy it is designed to offset. Florida (Mr. MARTINEZ) and the Sen- from whom we buy fuel. When it comes Climate Change is the most signifi- ator from Maine (Ms. COLLINS) were to energy security for the United cant environmental challenge we face, added as cosponsors of S. Res. 580, a States, which has less than 3 percent of and I believe that lowering the ethanol resolution expressing the sense of the proven global oil reserves and 25 per- tariff will make it less expensive for Senate on preventing Iran from acquir- cent of demand, we must diversify sup- the United States to combat global ing a nuclear weapons capability. ply. warming. AMENDMENT NO. 4822 Bottom Line: until the tariff is low- The fuel we burn to power our cars is At the request of Mr. WHITEHOUSE, ered, the United States will tax the a major source of the greenhouse gas the name of the Senator from New Jer- only fuel it can import that increases emissions warming our planet. To re- sey (Mr. MENENDEZ) was added as a co- energy security, reduces greenhouse duce this impact, we need to increase sponsor of amendment No. 4822 in- gas emissions, and lowers gasoline the fuel efficiency of our vehicles and tended to be proposed to S. 3036, a bill prices. lower the lifecycle carbon emissions of to direct the Administrator of the En- In 2006 I introduced legislation to the fuel itself. vironmental Protection Agency to es- eliminate the ethanol tariff entirely, For this reason, in March 2007, I in- tablish a program to decrease emis- and in 2007 I cosponsored an amend- troduced the Clean Fuels and Vehicles sions of greenhouse gases, and for other ment to the Energy Bill which would Act with Senators OLYMPIA SNOWE and purposes. have eliminated the tariff. SUSAN COLLINS. The Imported Ethanol Parity Act is a The legislation proposed a ‘‘Low Car- f different proposal that I believe ad- bon Fuels Standard,’’ which would re- STATEMENTS ON INTRODUCED dresses the concerns of tariff defenders. quire each major oil company selling BILLS AND JOINT RESOLUTIONS The advocates of the $0.54 per gallon gasoline in the United States to reduce By Mrs. FEINSTEIN (for herself, tariff on ethanol imports have always the average lifecycle greenhouse gas Mr. GREGG, Ms. CANTWELL, Mr. argued that the tariff is necessary in emissions per unit of energy in their ALLARD, and Ms. COLLINS): order to offset the blender subsidy that gasoline by 3 percent by 2015 and by 3 S. 3080. A bill to ensure parity be- applies to the use of all ethanol, wheth- percent more in 2020. tween the temporary duty imposed on er produced domestically or inter- The legislation was modeled on the ethanol and tax credits provided on nationally. They argue that the eth- state of California’s Low Carbon Fuels ethanol; to the Committee on Finance. anol subsidy exists to support Amer- Standard, which also requires a reduc- Mrs. FEINSTEIN. Mr. President, I ican farmers who produce ethanol at tion in the lifecycle greenhouse gas rise to introduce the Imported Ethanol higher cost than foreign producers. emissions from transportation fuels. Parity Act of 2008. For instance, on May 6, 2006, the This concept became a major aspect This legislation is cosponsored by Chairman of the Senate Finance Com- of the Energy Independence and Secu- Senators GREGG, CANTWELL, ALLARD mittee stated on the Senate floor that, rity Act of 2007, in which Congress re- and COLLINS. ‘‘the U.S. tariff on ethanol operates as quired oil companies to use an increas- First, let me explain what this bill an offset to an excise tax credit that ing quantity of ‘‘advanced biofuels’’ does. The Imported Ethanol Parity Act applies to both domestically produced that produce at least 50 percent less instructs the President to lower the and imported ethanol.’’ lifecycle greenhouse gas than gasoline. ethanol import tariff, so that it is no On May 9, 2006, the Renewable Fuels Unfortunately the ethanol tariff puts higher than the subsidy for blending Association stated in a press release: a trade barrier in front of the lowest ethanol into gasoline. ‘‘the secondary tariff exists as an offset carbon fuel available, making it con- This legislation is necessary because to the tax incentive gasoline refiners siderably more expensive for the the Farm Bill extended the tariff for receive for every gallon of ethanol they United States to lower the lifecycle two more years at $0.54 per gallon, even blend, regardless of the ethanol’s ori- carbon emissions of transportation though the Farm Bill reduced the eth- gin.’’ fuel. anol blending subsidy to $0.45 per gal- In a letter to Congress dated June 20, The lifecycle greenhouse gas emis- lon. 2007, the American Coalition for Eth- sions of ethanol vary depending on pro- In effect, the Farm Bill has turned anol, the American Farm Bureau Fed- duction methods and feedstocks, and the tariff from an ‘‘offset’’ into a true eration, the National Corn Growers As- these differences will impact the de- trade barrier of at least $0.09 per gal- sociation, the National Council of gree to which ethanol may be used to lon. Farmer Cooperatives, the National meet ‘‘low-carbon’’ fuel requirements The Ethanol tariff poses many prob- Sorghum Producers, and the Renew- under California law and the Energy lems. able Fuels Association stated that the Independence and Security Act of 2007. It increases the cost of Gasoline in ‘‘(blender) tax credit is available to re- For instance, sugar cane ethanol the United States by making ethanol finers regardless of whether the eth- plants use biomass from sugar stalks more expensive. anol blended is imported or domestic. as process energy, resulting in less fos- It prevents Americans from import- To prevent U.S. taxpayers from sub- sil fuel input compared to current ing ethanol made from sugarcane. sidizing foreign ethanol companies, corn-to-ethanol processes. By compari- Sugar ethanol is the only available Congress passed an offset to the tax son, researchers at the University of transportation fuel that works in to- credit that foreign companies pay in California concluded that ‘‘only 5 to 26 day’s cars and emits considerably less the form of a tariff.’’ percent of the energy content (in corn lifecycle greenhouse gas than gasoline;. Just this month, the Renewable ethanol) is renewable. The rest is pri- It taxes imports from our friends in Fuels Association’s Executive Director marily natural gas and coal,’’ which Brazil, India, and Australia, while oil asserted that ‘‘The tariff is there not are used in the production process. and gasoline imports from OPEC enter so much to protect the industry but The 2007 California Energy Commis- the United States tax free. the U.S. taxpayer.’’ sion Report entitled Full Fuel Cycle It hinders the emergence of a global Bottom Line: the tariff cannot be Assessment: Well-to-Wheels Energy In- biofuels marketplace through which justifiably maintained at $0.54 per gal- puts, Emissions, and Water Impacts

VerDate Aug 31 2005 06:54 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.067 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5042 CONGRESSIONAL RECORD — SENATE June 4, 2008 concluded that the direct lifecycle on ethanol operates as an offset to an excise the Western Hemisphere, especially in the greenhouse gas emissions of imported tax credit that applies to both domestically Caribbean and Central America. sugar based ethanol are 68 percent produced and imported ethanol.’’. (12) On March 9, 2007, President Bush stat- lower than gasoline, while the direct (2) On May 9, 2006, the Renewable Fuels As- ed ‘‘it’s in the interest of the United States sociation stated: ‘‘the secondary tariff exists that there be a prosperous neighborhood. lifecycle greenhouse gas emissions of as an offset to the tax incentive gasoline re- And one way to help spread prosperity in corn based ethanol from the Midwest finers receive for every gallon of ethanol Central America is for them to become en- are 15 to 28 percent lower than gaso- they blend, regardless of the ethanol’s ori- ergy producers.’’. line. gin.’’. In May 2008, the Renewable Fuels As- (13) According to a February 2008 study by Further research released in 2008 sug- sociation’s Executive Director asserted that the Massachusetts Institute of Technology, gests that the lifecycle greenhouse gas ‘‘The tariff is there not so much to protect titled ‘‘Biomass to Ethanol: Potential Pro- emissions of corn based ethanol may be the industry but the United States tax- duction and Environmental Impacts’’, the payer.’’. higher than gasoline, when land use current ethanol distribution system in the (3) In a letter to Congress dated June 20, United States is not capable of efficiently change is factored into the equation. 2007, the American Coalition for Ethanol, the supplying ethanol to the East Coast mar- The bottom line: biofuels that pro- American Farm Bureau Federation, the Na- kets. tect our planet may be produced tional Corn Growers Association, the Na- SEC. 3. ETHANOL TAX PARITY. abroad, and we should not put tariffs in tional Council of Farmer Cooperatives, the Not later than 30 days after the date of the front of these fuels, while we import National Sorghum Producers, and the Re- enactment of this Act, and semiannually crude oil and gasoline tariff free. newable Fuels Association stated that the thereafter, the President shall reduce the ‘‘(blender) tax credit is available to refiners Energy and food prices are both ris- temporary duty imposed on ethanol under regardless of whether the ethanol blended is subheading 9901.00.50 of the Harmonized Tar- ing at unprecedented rates, and there imported or domestic. To prevent United iff Schedule of the United States by an is a great deal of debate about whether States taxpayers from subsidizing foreign amount equal to the reduction in any Fed- the renewable fuels standard man- ethanol companies, Congress passed an offset eral income or excise tax credit under sec- dating ethanol use is causing the prob- to the tax credit that foreign companies pay tion 40(h), 6426(b), or 6427(e)(1) of the Internal lem. in the form of a tariff.’’. Revenue Code of 1986 and take any other ac- I have always opposed corn ethanol (4) The Food, Conservation, and Energy tion necessary to ensure that the temporary Act of 2008, as contained in the Conference mandates. But I remain concerned that duty imposed on ethanol under such sub- Report to accompany H.R. 2419 in the 110th heading 9901.00.50 is equal to, or lower than, the blending subsidy and the ethanol Congress, proposes to decrease the excise tax any Federal income or excise tax credit ap- tariff have as much to do with rising credit for blending ethanol from $0.51 to $0.45 plicable to ethanol under the Internal Rev- corn prices as the ethanol mandate. per gallon, but extend the $0.54 per gallon enue Code of 1986. Corn ethanol production has consid- temporary duty on imported ethanol, in- erably exceeded the renewable fuels creasing the competitive disadvantage of By Mr. KERRY: standard every year since its adoption ethanol imports in the United States mar- S. 3081. A bill to establish a Petro- ketplace. The legislation would transform a in 2005. With oil prices this high, it is leum Industry Antitrust Task Force tariff designed to offset a domestic subsidy within the Department of Justice; to profitable to produce ethanol at record into a real import barrier of at least $0.09 per corn prices with or without the man- the Committee on the Judiciary. gallon. Mr. KERRY. Mr. President, from the date. The low value of renewable fuels (5) The State of California is adopting a skyrocketing price of crude oil, now standard credits, known as RINs, con- Low Carbon Fuels Standard that requires a hovering well above $120 a barrel, to firms that using ethanol is not a bur- reduction in the lifecycle greenhouse gas the $4.00 per gallon being sold at gas den for oil companies. emissions from transportation fuels, and the Energy Independence and Security Act of stations across the country, Americans To address the rising cost of corn, we 2007 requires the United States to use in- are frustrated and there appears to be have to address the underlying eco- creasing quantities of ‘‘advanced biofuels’’ no end in sight. nomics of corn ethanol production, and that have lifecycle greenhouse gas emissions I’ve talked to school superintendents effectively increasing the tariff on im- that are at least 50 percent less than who have had to cut academic pro- ports, as the Farm Bill has done, is a lifecycle greenhouse gas emissions from gas- grams because the cost of fueling step in the wrong direction. oline. school buses has gone through the roof. (6) The lifecycle greenhouse gas emissions This legislation corrects the Farm I have met with constituents who are Bill’s mistaken policy that imposed a of ethanol vary depending on production methods and feedstocks. These differences pleading for the Federal Government real trade barrier on clean and climate will impact the degree to which ethanol may to take some kind of action to provide friendly ethanol imports, giving gaso- be used to meet ‘‘low-carbon’’ fuel require- relief. Just last week, I held a field line imports a competitive advantage ments under California law and the Energy hearing in Pittsfield, Massachusetts to over cleaner fuel that simply should Independence and Security Act of 2007. examine how gas prices were impacting not exist at a time we are trying to (7) Sugar cane ethanol plants use biomass small business owners, and the testi- combat climate change. from sugar stalks as process energy, result- mony was striking. Businesses that It prevents ethanol producers abroad ing in less fossil fuel input compared to cur- rent corn-to-ethanol processes. have been sustainable for decades are from receiving American ethanol sub- (8) The 2007 California Energy Commission now wondering whether they’ll be sidies, which is supposedly the intent Report, entitled ‘‘Full Fuel Cycle Assess- forced to shut their doors for good. of the ethanol tariff. ment: Well-to-Wheels Energy Inputs, Emis- Congress has received testimony I think it strikes the right balance, sions, and Water Impacts’’, concluded that from energy market experts and major and I urge Congress to pass this legisla- the direct lifecycle greenhouse gas emissions oil company executives that the price tion. of imported sugar based ethanol are 68 per- of oil and gas can no longer be ex- Mr. President, I ask unanimous con- cent lower than gasoline, while the direct plained or predicted by normal market sent that the text of the bill be printed lifecycle greenhouse gas emissions of corn dynamics or their historic under- based ethanol from the Midwest are 15 to 28 in the RECORD. standing of supply and demand forces. percent lower than gasoline. An executive from Exxon Mobil re- There being no objection, the text of (9) The cost to ship ethanol by sea from the bill was ordered to be printed in foreign production areas to California is cently testified before Congress under the RECORD, as follows: competitive with the cost to ship ethanol by oath that the price of crude oil should S. 3080 rail from the American Midwest, according be about $50 to $55 per barrel based on to ethanol producers and importers. the supply and demand fundamentals Be it enacted by the Senate and House of Rep- (10) Ethanol production will vary from re- resentatives of the United States of America in he had observed. Yet current crude oil gion to region each year based on crop per- Congress assembled, prices are more than double that. formance, and a global biofuels marketplace We are all owed a clearer under- SECTION 1. SHORT TITLE. would permit mutually beneficial trade be- This Act may be cited as the ‘‘Imported standing as to why prices are so discon- tween producing regions capable of stabi- nected from what normal supply and Ethanol Parity Act’’. lizing both fuel and food prices. demand would indicate. Why has the SEC. 2. FINDINGS. (11) In March 2007, the United States and Congress finds the following: Brazil entered into a strategic alliance to co- price of oil nearly doubled in the last (1) On May 6, 2006, the Chairman of the Fi- operate on advanced research for biofuels, year? Prices should not skyrocket like nance Committee of the Senate stated on the develop biofuel technology, and expand the this in a properly functioning, competi- Senate floor that, ‘‘the United States tariff production and use of biofuels throughout tive market. Twice I have written to

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.061 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5043 the Bush Administration demanding an City Police Department, President of the country, destabilizing our economy investigation and twice I have received the Baptist Ministers Union, member and destroying communities in rural a response of ‘‘we’re working on it’’. of the Kansas City Council on Crime and urban areas alike. Well, this response rings awfully hol- Prevention, and authored a book enti- In my state of Ohio, more than low to Americans struggling to under- tled If a Church is to Grow. In 1999, 200,000 manufacturing jobs have been stand what’s going on. Missouri Governor Mel Carnahan ap- eliminated since 2001. Across the coun- How the Federal Government re- pointed Reverend Abel to the Appellate try, more than 3 million manufac- sponds to the changing dynamics of en- Judicial Commission. turing jobs have been eliminated in ergy markets is vital to our continued On May 17, 2005, Reverend Abel that time. national and economic security. If the passed away after 46 years of service at Our failures to modernize our Na- Enron energy crisis taught us anything Palestine Missionary Baptist Church of tion’s trade policy, to learn from our it is that consumers are best protected Jesus Christ and more than 48 years as mistakes, and to respond to changing when energy markets are subject to ag- a minister of God. dynamics in the global arena, hurt gressive oversight and enforcement. Today I rise to offer a bill to honor communities like Toledo and Steuben- Unless there is a cop on the beat vigi- this man by naming a post office facil- ville and Dayton. lantly policing energy markets—espe- ity in Kansas City after him. Given his That is why voters in my state of cially when supplies are tight in mar- early career as a mail carrier, it is only Ohio and across the country have sent kets with extremely inelastic de- fitting for the location at 1700 Cleve- a message loud and clear demanding a mand—sophisticated companies can land Avenue, in the heart of Kansas new direction, a very different direc- fleece consumer pocketbooks without City, to carry his name. It is my hope tion, for our nation’s trade policy. fear of penalty. that this small gesture helps ensure Over the last 8 years, our approach to Therefore, I am introducing legisla- that the legacy of Rev. Abel lives on. A trade has been haphazard at best. tion today to establish a new inter- companion bill in the House of Rep- In the last 2 years, since voters elect- agency Oil and Gas Market Fraud Task resentatives will be filed today by Rep. ed candidates who support fair trade, Force under the leadership of the De- Cleaver, a fellow minister and selfless Congress has reasserted itself in trade partment of Justice to ensure that en- public servant who represents Kansas policy-making, with some improve- ergy markets are free from illegal mar- City. ments to proposed deals with Peru, ket manipulation or corporate corrup- I hope my fellow colleagues will join Panama, Colombia, and South Korea. We also have chosen not to grant tion. This legislation will allow us to me and my colleague Senator BOND in President Bush a renewal of Fast root out fraud and manipulation in all recognizing Reverend Earl Abel for his loving ministry and limitless dedica- Track. corners of the oil and gas marketplace, But our approach to trade has not tion to serving the Kansas City, MO, and restore consumer confidence. When evolved from reactive to proactive. We community. that happens, everyone wins. I urge my have not forged a new approach to colleagues to support this legislation. Mr. President, I ask unanimous con- sent that the text of the bill be printed trade that is results-oriented, an ap- proach focused squarely on the goals of By Mrs. MCCASKILL (for herself in the RECORD. and Mr. BOND): There being no objection, the text of economic strength, job creation, and S. 3082. A bill to designate the facil- the bill was ordered to be printed in U.S. self-sufficiency. Not surprisingly, polls show that ity of the United States Postal Service the RECORD, as follows: Americans reject current trade policy located at 1700 Cleveland Avenue in S. 3082 Kansas City, Missouri, as the ‘‘Rev- as misguided. Be it enacted by the Senate and House of Rep- That is because it is. erend Earl Abel Post Office Building’’; resentatives of the United States of America in It is time to learn from our mistakes. to the Committee on Homeland Secu- Congress assembled, It is time for a change. The Trade Re- rity and Governmental Affairs. SECTION 1. REVEREND EARL ABEL POST OFFICE BUILDING. form, Accountability, Development Mrs. MCCASKILL. Mr. President, and Employment, TRADE, Act, which when I was a local elected official in (a) DESIGNATION.—The facility of the United States Postal Service located at 1700 Senator DORGAN, Senator FEINGOLD, Kansas City, MO, I had the distinct Cleveland Avenue in Kansas City, Missouri, Senator CASEY, Senator WHITEHOUSE honor of getting to know many of the shall be known and designated as the ‘‘Rev- and I are introducing today, is a step dedicated community leaders whose erend Earl Abel Post Office Building’’. towards that change. sole purpose for being involved was to (b) REFERENCES.—Any reference in a law, This legislation will serve as a tem- improve the lives of their fellow citi- map, regulation, document, paper, or other plate for how to craft a trade agree- record of the United States to the facility re- zens. One of the best and most beloved ment that works for workers, for busi- of these leaders was the Reverend Earl ferred to in subsection (a) shall be deemed to be a reference to the ‘‘Reverend Earl Abel ness owners, for our country. Abel. Post Office Building’’. This legislation will mandate a re- Reverend Abel was born on Sep- view of all existing trade agreements tember 12, 1930. He attended University By Mr. BROWN (for himself, Mr. and will require the President to sub- of Kansas and went on to receive his DORGAN, Mr. FEINGOLD, Mr. mit renegotiation plans for those Doctor of Divinity Degree from West- CASEY, and Mr. WHITEHOUSE): agreements before pursuing new trade ern Baptist Bible College. Reverend S. 3083. A bill to require a review of agreements. Abel worked as a U.S. Postal Service existing trade agreements and renego- The TRADE Act will create a com- mail carrier until he organized the Pal- tiation of existing trade agreements mittee comprised of House and Senate estine Missionary Baptist Church in based on the review, to set terms for leaders who will review the President’s 1959. future trade agreements, to express the plan for renegotiation. Under Reverend Abel’s leadership, sense of the Senate that the role of This bill spells out standards for fu- what started out as a modest church of Congress in trade policymaking should ture trade agreements, standards based 11 members grew into a thriving min- be strengthened, and for other pur- on fostering fair competition, pro- istry, touching the lives of thousands poses; to the Committee on Finance. moting good-paying jobs, and address- of community members across Kansas Mr. BROWN. Mr. President, the goal ing unethical behavior by multi- City, Missouri. While he was pastor, of our trade policy should be to pro- national corporations, including the Palestine Church built two senior citi- mote fair competition and lift up work- exploitation of people and natural re- zens residences, a Senior Activity Cen- ers at home and abroad. sources in developing nations. ter, and a church camp for both youth Americans support trade that allows Trade is an exchange that relies on and adults. Even as he worked tire- responsible businesses to thrive, fuel- the integrity of its participants. We lessly to reach out through these pro- ing good-paying jobs and a strong, re- must not trade away our fundamental grams, Reverend Abel’s involvement in silient economy. belief in basic human rights and our re- the community did not end with his ef- But wrong-headed trade pacts fol- sponsibility to fight the kind of exploi- forts at Palestine Church. Reverend lowing the failed NAFTA-model have tation that threatens vulnerable peo- Abel served as Chaplain for the Kansas betrayed middle class families across ples and vulnerable nations.

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.057 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5044 CONGRESSIONAL RECORD — SENATE June 4, 2008 That is why our trade policy must SECTION 1. SHORT TITLE. (d). The review shall concentrate on the ef- not sidestep the impact of lax trade This Act may be cited as the ‘‘Trade Re- fective operation of the United States trade agreements and unethical corporations form, Accountability, Development, and Em- agreements program generally. on developing nations. ployment Act of 2008’’ or the ‘‘TRADE Act of (2) COOPERATION OF AGENCIES.—The Depart- 2008’’. ment of State, the Department of Agri- The TRADE Act also sets out criteria culture, the Department of Commerce, the for a new negotiating process—one that SEC. 2. DEFINITIONS. In this Act: Department of Labor, the Department of the would do away with the fundamen- (1) CORE LABOR STANDARDS.—The term Treasury, the United States Trade Rep- tally-flawed Fast Track process and re- ‘‘core labor standards’’ means the core labor resentative, and other executive depart- turn power to Congress when consid- rights as stated in the International Labour ments and agencies shall cooperate with the ering our nation’s trade pacts. Organization conventions dealing with— Comptroller General and the Government We take for granted our clean air, (A) freedom of association and the effec- Accountability Office in providing access to safe food, and safe drinking water. But tive recognition of the right to collective United States Government officials and doc- uments to facilitate preparation of the re- these blessings are not by chance: they bargaining; (B) the elimination of all forms of forced or port. result from laws and rules that foster (b) INFORMATION WITH RESPECT TO TRADE compulsory labor; fair wages, protect the public health, AGREEMENTS.—The report required by sub- (C) the effective abolition of child labor; section (a) shall, with respect to each trade and promote environmental steward- and agreement described in section 2(3), to the ship. (D) the elimination of discrimination with extent practical, include the following infor- Flawed trade policy accelerates the respect to employment and occupation. import of toxic toys, contaminated mation covering the period between the date (2) MULTILATERAL ENVIRONMENTAL AGREE- on which the agreement entered into force toothpaste, and poisonous pet food into MENTS.—The term ‘‘multilateral environ- with respect to the United States and the this country. mental agreements’’ means any inter- date on which the Comptroller General com- It does not have to be this way. national agreement or provision thereof to pletes the review: We have a choice. which the United States is a party and which (1) An analysis of indicators of the eco- We can continue a race to the bottom is intended to protect, or has the effect of nomic impact of each trade agreement, such in wages, worker safety, environmental protecting, the environment or human as— protection, and health standards. health. (A) the dollar value of goods exported from Or, we can use trade agreements to (3) TRADE AGREEMENTS.— the United States and imported into the (A) IN GENERAL.—The term ‘‘trade agree- lift standards abroad—not threaten United States by sector and year; ment’’ includes the following: (B) the employment effects of the agree- workers and consumers. (i) The United States-Australia Free Trade We can continue down the path of the ment on job gains and losses in the United Agreement. States by sector and changes in wage levels failed NAFTA model, or we can write (ii) The United States-Morocco Free Trade in the United States in dollars by sector and trade agreements that sustain and Agreement. year; and grow our Nation’s manufacturing self- (iii) The United States-Singapore Free (C) the rate of production, number of em- sufficiency, create good-paying jobs Trade Agreement. ployees, and competitive position of indus- and reduce the trade deficit by pro- (iv) The United States-Chile Free Trade tries in the United States significantly af- viding fair and transparent market ac- Agreement Implementation Act. fected by the agreement. (v) The North American Free Trade Agree- cess. (2) A trend analysis of wage levels on a ment. year-to-year basis in— We can forsake U.S. standards and (vi) The Agreement between the United (A) each country with which the United U.S. values and ignore trade abuses in States of America and the Hashemite King- States has a trade agreement described in order to mass produce trade agree- dom of Jordan on the Establishment of a section 2(3)(A); ments, or we can write trade agree- Free Trade Area. (B) each country that is a major United ments that fulfill their promises, that (vii) The Dominican Republic-Central States trading partner, including Belgium, hold our trading partners accountable America-United States Free Trade Agree- Brazil, China, France, Germany, Hong Kong, for abiding by the rules, and that build ment Implementation Act. India, Ireland, Italy, Japan, South Korea, on the hard-fought battles waged to (viii) The United States-Bahrain Free Malaysia, Netherlands, Taiwan, and the Trade Agreement Implementation Act. United Kingdom; build a strong middle class, reward (ix) The United States-Oman Free Trade (C) each country with which the United good corporate citizens, preserve our Agreement Implementation Act. States has considered establishing a free natural resources, and ensure that the (x) The Agreement on the Establishment of trade agreement, including South Africa and food and products Americans purchase a Free Trade Area between the Government Thailand; are safe. of the United States of America and the Gov- (D) each country with respect to which the We can continue to use trade deals to ernment of Israel. United States has extended preferential lock in protections for Wall Street, the (xi) The United States-Peru Trade Pro- trade treatment under the Caribbean Basin drug companies, and oil companies, or motion Agreement. Economic Recovery Act (19 U.S.C. 2701 et (B) URUGUAY ROUND AGREEMENTS.—The we can create a predictable structure seq.) and the Andean Trade Preference Act term ‘‘trade agreement’’ includes the fol- (19 U.S.C. 3201 et seq.). for international trade without pro- lowing Uruguay Round Agreements: (3) The effect on agriculture, including— viding corporations with overreaching (i) The General Agreement on Tariffs and (A) the trend of prices in the United States privileges and rights of private enforce- Trade (GATT 1994) annexed to the WTO for agricultural commodities and food prod- ment that undermine our laws. Agreement. ucts that are imported into the United Middle class families, American man- (ii) The WTO Agreement described in sec- States from a country that is a party to an ufacturers and farmers, and commu- tion 2(9) of the Uruguay Round Agreements agreement described in section 2(3); nity leaders across the country all Act (19 U.S.C. 3501(9)). (B) an analysis of the effects, if any, on the know that we need a new direction for (iii) The agreements described in section cost of farm programs in the United States; 101(d) of the Uruguay Round Agreements Act and trade. (19 U.S.C. 3511(d)). I am going to ask my leadership, and (C) the number of farms operating in the (iv) Any multilateral agreement entered United States and the number of acres under my caucus, to work with me on this into by the United States under the auspices production for agricultural commodities legislation. And I look forward to of the World Trade Organization dealing that are exported from the United States to working with my allies on the other with information technology, telecommuni- a country that is a party to such an agree- side of the aisle to modernize U.S. cations, or financial services. ment on a year-by-year basis. trade policy. SEC. 3. REVIEW AND REPORT ON EXISTING (4) An analysis of the progress in imple- Mr. President, I ask unanimous con- TRADE AGREEMENTS. menting trade agreement commitments and sent that the text of the bill be printed (a) REVIEW AND REPORT.— the record of compliance with the terms of (1) IN GENERAL.—Not later than June 30, each agreement in effect between the United in the RECORD. There being no objection, the text of 2010, the Comptroller General of the United States and a country listed in paragraph (2). States shall conduct a review of all trade (5) A description of any outstanding dis- the bill was ordered to be printed in agreements described in section 2(3) and sub- putes between the United States and any the RECORD, as follows: mit to the Congressional Trade Agreement country that is a party to an agreement list- S. 3083 Review Committee established under section ed in section 2(3), including a description of Be it enacted by the Senate and House of Rep- 6 a report that includes the information de- laws, regulations, or policies of the United resentatives of the United States of America in scribed under subsections (b) and (c) and the States or any State that any country that is Congress assembled, recommendations required under subsection a party to such an agreement has challenged,

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(2) ENVIRONMENTAL AND PUBLIC SAFETY (C) meeting safety and inspection require- (d) RECOMMENDATIONS.—Each report re- STANDARDS.—The environmental provisions ments with respect to food and other prod- quired under subsection (a) shall include rec- shall— ucts imported into the United States; and ommendations of the Comptroller General (A) be included in the text of the agree- (D) complying with prohibitions on the for addressing the problems with respect to ment; transshipment of goods that are ultimately an agreement identified under subsections (B) prohibit each country that is a party to imported into the United States. (b) and (c). The recommendations shall in- the agreement from weakening, eliminating, or failing to enforce domestic environmental (7) A analysis of any privatization of public clude suggestions for renegotiating the or other public safety standards to promote sector services in the United States or in any agreement based on the requirements de- trade or attract investment; country that is a party to the an agreement scribed in section 4(b) and for negotiations (C) require each such country to imple- listed in section 2(3), including any effect with respect to new trade agreements. ment and enforce fully and effectively, in- such privatization has on the access of con- (e) CITATIONS.—The Comptroller General cluding through domestic law, the country’s sumers to essential services, such as health shall include in the report required under obligations under multilateral environ- care, electricity, gas, water, telephone serv- subsection (a) citations to the sources of data used in preparing the report and a de- mental agreements and provide for the en- ice, or other utilities. forcement of such obligations under the (8) An assessment of the impact of the in- scription of the methodologies employed in preparing the report. agreement; tellectual property provisions of the trade (D) prohibit the trade of products that are agreements listed in section 2(3) on access to (f) PUBLIC COMMENT.—In preparing each re- port required under subsection (a), the illegally harvested or extracted and the medicines. trade of goods derived from illegally har- Comptroller General shall— (9) An analysis of contracts for the pro- vested or extracted natural resources, in- (1) hold at least 2 hearings that are open to curement of goods or services by Federal or cluding timber and timber products, fish, the public; and State government agencies from persons op- wildlife, and associated products, mineral re- (2) provide an opportunity for members of erating in any country that is a party to an sources, or other environmentally sensitive the public to testify and submit written agreement listed in section 2(3). goods; comments. (10) An assessment of the consequences of (E) provide that the failure to meet the en- (g) PUBLIC AVAILABILITY.—The report re- significant currency movements and a deter- vironmental standards required by the agree- quired under subsection (a) shall be made mination of whether the currency of a coun- ment be subject to dispute resolution and en- try that is a party to an agreement is mis- available to the public not later than 14 days forcement mechanisms and penalties that aligned deliberately to promote a competi- after the Comptroller General completes are at least as effective as the mechanisms tive advantage in international trade for that report. and penalties that apply to the commercial that country. SEC. 4. INCLUSION OF CERTAIN PROVISIONS IN provisions of the agreement; and TRADE AGREEMENTS. (c) INFORMATION ON COUNTRIES THAT ARE (F) allow each country that is a party to (a) IN GENERAL.—Notwithstanding section PARTIES TO TRADE AGREEMENTS.—With re- the agreement to adopt and implement envi- 151 of the Trade Act of 1974 (19 U.S.C. 2191) or spect to each country with respect to which ronmental, health, and safety standards, rec- any other provision of law, any bill imple- ognizing the legitimate right of governments the United States has a trade agreement in menting a trade agreement between the to protect the environment and public health effect, the report required under subsection United States and another country that is and safety. (a) shall include information regarding introduced in Congress after the date of the (3) FOOD AND PRODUCT HEALTH AND SAFETY whether that country— enactment of this Act shall be subject to a STANDARDS.—If the agreement contains (1) has a democratic form of government; point of order pursuant to subsection (c) un- health and safety standards for food and (2) respects core labor standards, as defined less the trade agreement meets the require- other products, the agreement shall— by the Committee of Experts on the Applica- ments described in subsection (b). (A) establish that food, feed, food ingredi- tion of Conventions and Recommendations (b) REQUIREMENTS.—Each trade agreement ents, and other related food products may be and the Conference Committee on the Appli- negotiated between the United States and imported into the United States from a cation of Standards of the International another country shall meet the following re- country that is a party to the agreement Labour Organization; quirements: only if such products meet or exceed United (3) respects fundamental human rights, as (1) LABOR STANDARDS.—The labor provi- States standards with respect to food safety, determined by the Secretary of State in the sions shall— pesticides, inspections, packaging, and label- annual country reports on human rights of (A) be included in the text of the agree- ing; the Department of State; ment; (B) establish that nonfood products may be (4) is designated as a country of particular (B) require that a country that is party to imported into the United States from a concern with respect to religious freedom the agreement adopt and maintain as part of country that is a party to the agreement under section 402(b)(1) of the International its domestic law and regulations (including only if such products meet or exceed United Religious Freedom Act of 1998 (22 U.S.C. in any designated zone in that country), the States health and safety standards with re- 6442(b)(1)); core labor standards and effectively enforce spect to health and safety, inspection, pack- (5) is on a list described in subparagraph laws directly related to those standards and aging and labeling; (B) or (C) of section 110(b)(1) of the Traf- to acceptable conditions of work with re- (C) allow each country that is a party to ficking Victims Protection Act of 2000 (22 spect to minimum wages, hours of work, and the agreement to impose standards designed U.S.C. 7107(b)(1)) (commonly known as tier 2 occupational safety and health; to protect public health and safety unless it or tier 3 of the Trafficking in Persons List of (C) prohibit a country that is a party to can be clearly demonstrated that such stand- the Department of State); the agreement from waiving or otherwise ards do not protect the public health or safe- (6) has taken effective measures to combat derogating from its laws and regulations re- ty; and prevent public and private corruption, lating to the core labor standards and ac- (D) authorize the Commissioner of the including measures with respect to tax eva- ceptable conditions of work with respect to Food and Drug Administration (in this Act, sion and money laundering; minimum wages, hours of work, and occupa- referred to as the ‘‘Commissioner’’) and the (7) complies with the multilateral environ- tional safety and health; Consumer Product Safety Commission (in mental agreements to which the country is a (D) require each country that is a party to this Act, referred to as the ‘‘Commission’’) party; the agreement to adopt into domestic law to assess the regulatory system of each (8) has in force adequate labor and environ- and enforce effectively core labor standards; country that is a party to the agreement to mental laws and regulations, has devoted (E) provide that failures to meet the labor determine whether the system provides the sufficient resources to implementing such standards required by the agreement shall be same or better protection of health and safe- laws and regulations, and has an adequate subject to dispute resolution and enforce- ty for food and other products as provided record of enforcement of such law and regu- ment mechanisms and penalties that are at under the regulatory system of the United lations; least as effective as the mechanisms and States; (9) adequately protects intellectual prop- penalties that apply to the commercial pro- (E) if the Commissioner or the Commission erty rights; visions of the agreement; determines that the regulatory system of

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.093 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5046 CONGRESSIONAL RECORD — SENATE June 4, 2008 such a country does not provide the same or foreign investment in a manner consistent consistent with the Convention on Biological better protection of health and safety for with the needs and priorities of the country; Diversity, concluded at Rio de Janeiro June food and other products as provided under (B) allow each such country to place rea- 5, 1992. the regulatory system of the United States, sonable restrictions on speculative capital to (8) AGRICULTURAL STANDARDS.—If the prohibit the importation into the United reduce global financial instability and trade agreement contains provisions related to ag- States of food and other products from that volatility; riculture, such provisions shall— country; (C) not be subject to an investor-state dis- (A) protect the right of each such country (F) provide a process by which producers pute settlement mechanism under the agree- to establish policies with respect to food and from countries whose standards are not ment; agriculture that require farmers to receive found by the Commissioner or the Commis- (D) ensure that foreign investors operating fair remuneration for management and labor sion to meet United States standards may in the United States have rights no greater that occurs on farms and that allow for in- have their facilities inspected and certified than the rights provided to domestic inves- ventory management and strategic food and in order to allow products from approved fa- tors by the Constitution of the United renewable energy reserves, to the extent cilities to be imported into the United States; that such policies do not contribute to or States; (E) provide for government-to-government allow the dumping of agricultural commod- (G) if harmonization of food or product dispute resolution relating to a government ities in world markets at prices lower than health or safety standards is necessary to fa- action that destroys all value of the real the cost of production; cilitate trade, such harmonization shall be property of a foreign investor rather than (B) protect the right of each country that based on standards that are no less stringent dispute resolution between the government is a party to the agreement to prevent dump- than United States standards; and that took the action and the foreign inves- ing of agricultural commodities at below the (H) establish mandatory end-use labeling tor; cost of production through border regula- of imports of milk protein concentrates. (F) define the term ‘‘investment’’ to mean tions or other mechanisms and policies; (4) SERVICES PROVISIONS.—If the agreement not more than a commitment of capital or (C) ensure that all laws relating to anti- contains provisions related to the provision acquisition of real property and not to in- trust and anti-competitive business practices of services, such provisions shall— clude assumption of risk or expectation of remain fully in effect, and that their en- (A) preserve the right of Federal, State, gain or profit; and local governments to maintain essential (G) define the term ‘‘investor’’ to mean forceability is neither pre-empted nor com- public services and to regulate, for the ben- only a person who makes a commitment or promised in any manner; efit of the public, services provided to con- acquisition described in subparagraph (F); (D) ensure adequate supplies of safe food sumers in the United States by establishing (H) define the term ‘‘direct expropriation’’ for consumers; a general exception to the national treat- as government action that does not merely (E) protect the right of each country that ment commitments in the agreement that diminish the value of property but destroys is a party to the agreement to encourage allows distinctions between United States all value of the property permanently; conservation through the use of best prac- and foreign service providers and qualifica- (I) not provide a dispute resolution system tices with respect to the management and tions or limitations on the provision of serv- under the agreement for the enforcement of production of crops; and ices; contracts between foreign investors and the (F) ensure fair treatment of farm laborers (B)(i) require each country that is a party government of a country that is a party to in each such country. to the agreement to establish a list of each the agreement relating to natural resources, (9) TRADE REMEDIES AND SAFEGUARDS.—If service sector that will be subject to the ob- public works, or other activities under gov- the agreement contains trade remedy provi- ligations of the country under the agree- ernment control; and sions, such provisions shall— ment; and (J) define the standard of minimum treat- (A) preserve fully the ability of the United (ii) apply the agreement only to the service ment to provide no greater legal rights than States to enforce its trade laws, including sectors that are on the list described in United States citizens possess under the due antidumping and countervailing duty laws clause (i); process clause of section 1 of the 14th amend- and safeguard laws; (C) establish a general exception to market ment to the Constitution of the United (B) ensure the continued effectiveness of access obligations that allows a country that States. domestic and international prohibitions on is a party to the agreement to maintain or (6) PROCUREMENT STANDARDS.—If the agree- unfair trade, especially prohibitions on establish a ban on services the country con- ment contains government procurement pro- dumping and subsidies, and domestic and siders harmful, if the ban is applied to do- visions, such provisions shall— international safeguard provisions; mestic and foreign services and service pro- (A) require each country that is a party to (C) allow the United States to maintain viders alike; the agreement to establish a list of industry adequate safeguards to ensure that surges of (D) require service providers in any coun- sectors, goods, or services that will be sub- imported goods do not result in economic try that is a party to the agreement that ject to the national treatment and other ob- burdens on workers, firms, or farmers in the provide services to consumers in the United ligations of the country under the agree- United States, including providing that such States to comply with United States pri- ment; safeguards go into effect automatically vacy, transparency, professional qualifica- (B) with respect to the United States, based on certain criteria; and tion, and consumer access laws and regula- apply only to State and local governments (D) if the currency of a country that is a tions; that specifically agree to the agreement and party to the agreement is deliberately mis- (E) require that services provided to con- only to the industry sectors, goods, or serv- aligned, establish safeguard remedies that sumers in the United States that are subject ices specifically identified by the State gov- apply automatically to offset substantial to privacy laws and regulations in the ernment and not apply to local governments; and sustained currency movements. United States may only be provided by serv- and (10) RULES OF ORIGIN PROVISIONS.—If the ice providers in other countries that provide (C) include only technical specifications agreement contains provisions related to privacy protections and protections for con- for goods or services, or supplier qualifica- rules of origin, such provisions shall— fidential information that are equal to or ex- tions or other conditions for receiving gov- (A) ensure, to the fullest extent prac- ceed the protections provided by United ernment contracts that do not undermine— ticable, that goods receiving preferential States privacy laws and regulations; (i) prevailing wage policies; treatment under the agreement are produced (F) require that financial and medical serv- (ii) recycled content policies; using inputs from a country that is a party ices be subject to United States privacy laws (iii) sustainable harvest policies; to the agreement; and and be performed only in countries that pro- (iv) renewable energy policies; (B) ensure the effective enforcement of vide protections for confidential information (v) human rights; or such provisions. that are equal to or exceed the protections (vi) labor project agreements. (11) DISPUTE RESOLUTION AND ENFORCEMENT for such information under United States (7) INTELLECTUAL PROPERTY REQUIRE- PROVISIONS.—If the agreement contains pro- privacy laws; MENTS.—If the agreement contains provi- visions related to dispute resolution, such (G) not require the privatization of public sions related to the protection of intellec- provisions shall— services in any country that is a party to the tual property rights, such provisions shall— (A) incorporate the basic due process guar- agreement, including services related to na- (A) promote adequate and effective protec- antees protected by the Constitution of the tional security, social security, health, pub- tion of intellectual property rights; United States, including access to docu- lic safety, education, water, sanitation, (B) include only terms relating to patents ments, open hearings, and conflict of inter- other utilities, ports, or transportation; and that do not, overtly or in application, limit est rules for judges; (H) provide for local governments to oper- the flexibilities and rights established in the (B) require that any dispute settlement ate without being subject to market access Declaration on the TRIPS Agreement and panel, including an appellate panel, dealing obligations under the agreement. Public Health, adopted by the World Trade with intellectual property rights or environ- (5) INVESTMENT PROVISIONS.—If the agree- Organization at the Fourth Ministerial Con- mental, health, labor, and other public law ment contains provisions related to invest- ference at Doha, Qatar on November 14, 2001; issues include panelists with expertise in ment, such provisions shall— and such issues; and (A) preserve the ability of each country (C) require that any provisions relating to (C) provide that dispute resolution pro- that is a party to the agreement to regulate the patenting of traditional knowledge be ceedings are open to the public and provide

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.093 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5047 timely public access to information regard- SEC. 5. RENEGOTIATION PLAN FOR EXISTING (C) is an appropriate country with which to ing enforcement, disputes, and ongoing nego- TRADE AGREEMENTS. enter into a trade agreement; tiations related to disputes. The President shall submit to Congress a (2) a process by which the Committee on (12) TECHNICAL ASSISTANCE.—If the agree- plan to bring trade agreements in effect on Finance of the Senate and the Committee on ment contains technical assistance provi- the date of the enactment of this Act into Ways and Means of the House of Representa- compliance with the requirements of section sions, such provisions shall— tives review the determination of the Presi- 4(b) not later than 90 days before the earlier (A) be designed to raise standards in devel- dent described in paragraph (1) to verify that of the day on which the President— oping countries by providing assistance that the country meets the criteria; (1) initiates negotiations with a foreign ensures respect for diversity of development (3) requirements for consultation with Con- country with respect to a new trade agree- paths; ment; or gress during trade negotiations that require (B) be designed to empower civil society (2) submits a bill to Congress to implement more frequent consultations than required and democratic governments to create sus- a trade agreement. by the Bipartisan Trade Promotion Author- tainable, vibrant economies and respect SEC. 6. ESTABLISHMENT OF CONGRESSIONAL ity Act of 2002 (19 U.S.C. 3801 et seq.), includ- basic rights; TRADE AGREEMENT REVIEW COM- ing a process for consultation with any com- (C) provide that technical assistance shall MITTEE. mittee of Congress with jurisdiction over not supplant economic assistance; and (a) ESTABLISHMENT.—There is established a any area covered by the negotiations; (D) promote the exportation of goods pro- Congressional Trade Agreement Review (4) binding negotiating objectives and re- duced with methods that support sustainable Committee. quirements outlining what must and must natural resources. (b) FUNCTIONS.—The Committee— not be included in a trade agreement, includ- (13) EXCEPTIONS FOR NATIONAL SECURITY (1) shall receive the report of the Comp- ing the requirements described in section AND OTHER REASONS.—Each agreement troller General of the United States required 4(b); shall— under section 3; (5) a process for review and certification by (A) include an essential security exception (2) shall review the plan for bringing trade Congress to ensure that the negotiating ob- that permits a country that is a party to the agreements into compliance with the re- jectives described in paragraph (4) have been agreement to apply measures that the coun- quirements of section 4(b); and met during the negotiations; try considers necessary for the maintenance (3) may, not later than 60 days after receiv- (6) a process— or restoration of international peace or secu- ing the plan described in paragraph (2), add (A) by which a State may give informed rity, or the protection of its own essential items for renegotiation to the plan, reject consent to be bound by nontariff provisions security interests, including regarding infra- recommendations in the plan, or otherwise in a trade agreement that relate to invest- 2 structure, services, manufacturing, and amend the plan by a vote of ⁄3 of the mem- ment, the service sector, and procurement; other sectors; and bers of the Committee. and (c) APPOINTMENT AND MEMBERSHIP.—The (B) include in its list of general exceptions Committee shall be composed of the chair- (B) that prevents a State from being bound the following language: ‘‘Notwithstanding man and ranking members of the following: by the provisions described in subparagraph any other provision of this agreement, a pro- (1) The Committee on Agriculture, Nutri- (A) if the State has not consented; and vision of law that is nondiscriminatory on tion, and Forestry of the Senate. (7) a requirement that a trade agreement its face and relates to domestic health, con- (2) The Committee on Banking, Housing, be approved by a majority vote in both sumer safety, the environment, labor rights, and Urban Affairs of the Senate. Houses of Congress before the President may worker health and safety, economic equity, (3) The Committee on Commerce, Science, sign the agreement. consumer access, the provision of goods or and Transportation of the Senate. services, or investment, shall not be subject (4) The Committee on Energy and Natural f to challenge under the dispute resolution Resources of the Senate. mechanism established under this agree- (5) The Committee on Environment and SUBMITTED RESOLUTIONS ment, unless the primary purpose of the law Public Works of the Senate. is to discriminate with respect to market ac- (6) The Committee on Finance of the Sen- cess.’’. ate. SENATE RESOLUTION 582—RECOG- (14) FEDERALISM.—The agreement may (7) The Committee on Foreign Relations of NIZING THE WORK AND ACCOM- only require a State government to comply the Senate. with procurement, investment, or services (8) The Committee on Health, Education, PLISHMENTS OF MR. HERBERT provisions contained in the agreement if the Labor, and Pensions of the Senate. SAFFIR, INVENTOR OF THE State government has been consulted in full (9) The Committee on the Judiciary of the SAFFIR-SIMPSON HURRICANE and has given explicit consent to be bound Senate. SCALE, DURING HURRICANE by such provisions. (10) The Committee on Small Business and PREPAREDNESS WEEK Entrepreneurship of the Senate. (c) POINT OF ORDER IN SENATE.—The Senate Mr. MARTINEZ (for himself and Mr. shall cease consideration of a bill to imple- (11) The Committee on Agriculture of the ment a trade agreement if— House of Representatives. NELSON of Florida) submitted the fol- (1) a point of order is made by any Senator (12) The Committee on Education and lowing resolution; which was referred against the bill based on the noncompliance Labor of the House of Representatives. to the Committee on the Judiciary: of the trade agreement with the require- (13) The Committee on Energy and Com- S. RES. 582 ments of subsection (b); and merce of the House of Representatives. Whereas Mr. Herbert Saffir protected (2) the point of order is sustained by the (14) The Committee on Financial Services countless individuals by conveying the Presiding Officer. of the House of Representatives. threat levels of approaching hurricanes (15) The Committee on Foreign Affairs of (d) WAIVERS AND APPEALS.— through a 5-tier system to measure hurri- the House of Representatives. (1) WAIVERS.—Before the Presiding Officer cane strength; rules on a point of order described in sub- (16) The Committee on the Judiciary of the Whereas the Saffir-Simpson Hurricane section (c), any Senator may move to waive House of Representatives. Scale has become the definitive means to de- the point of order and the motion to waive (17) The Committee on Natural Resources scribe hurricane strength; shall not be subject to amendment. A point of the House of Representatives. Whereas Mr. Saffir, as a civil and struc- of order described in subsection (c) is waived (18) The Committee on Small Business of tural engineer, was a pioneer in designing only by the affirmative vote of 60 Members the House of Representatives. buildings and bridges for high wind resist- of the Senate, duly chosen and sworn. (19) The Committee on Transportation and ance; Infrastructure of the House of Representa- (2) APPEALS.—After the Presiding Officer Whereas Mr. Saffir, as a participant in a rules on a point of order described in sub- tives. United Nations project in 1969, helped to re- section (c), any Senator may appeal the rul- (20) The Committee on Ways and Means of duce hurricane damage to low-cost buildings ing of the Presiding Officer on the point of the House of Representatives. worldwide; order as it applies to some or all of the provi- SEC. 7. SENSE OF CONGRESS REGARDING READI- Whereas Mr. Saffir was the principal of NESS CRITERIA AND IMPROVING sions on which the Presiding Officer ruled. A THE PROCESS FOR UNITED STATES Saffir Engineering in Coral Gables, Florida; ruling of the Presiding Officer on a point of TRADE NEGOTIATIONS. Whereas Mr. Saffir fought tirelessly for order described in subsection (c) is sustained It is the sense of Congress that if Congress safe building codes to ensure the safety of all unless 60 Members of the Senate, duly chosen considers legislation to provide for special people threatened by hurricanes; and sworn, vote not to sustain the ruling. procedures for the consideration of bills to Whereas Mr. Saffir was born in New York (3) DEBATE.—Debate on the motion to implement trade agreements, that legisla- City, New York, on March 29, 1917, and died waive under paragraph (1) or on an appeal of tion shall include— in Miami, Florida, on November 21, 2007; and the ruling of the Presiding Officer under (1) criteria for the President to use in de- Whereas Hurricane Preparedness Week is paragraph (2) shall be limited to 1 hour. The termining whether a country— observed the week beginning May 25, 2008: time shall be equally divided between, and (A) is able to meet its obligations under a Now, therefore, be it controlled by, the majority leader and the trade agreement; Resolved, That the Senate— minority leader of the Senate, or their des- (B) meets the requirements described in (1) recognizes the work and accomplish- ignees. section 3(c); and ments of Mr. Herbert Saffir, inventor of the

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.093 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5048 CONGRESSIONAL RECORD — SENATE June 4, 2008 Saffir-Simpson Hurricane Scale, during Hur- save, and help ensure the protection of, bald (B) the citizens of the United States to ob- ricane Preparedness Week; eagles; serve American Eagle Day with appropriate (2) honors Mr. Saffir’s commitment to Whereas, in 1995, as a result of the efforts ceremonies and other activities. alerting the citizenry of the threat of hurri- of those caring and concerned citizens of the f canes; United States, the Secretary of the Interior (3) thanks Mr. Saffir for his dedication, listed the bald eagle as a threatened species AMENDMENTS SUBMITTED AND which has undoubtedly helped to save count- on the list of threatened species published PROPOSED less lives and the property of citizens around under section 4(c)(1) of the Endangered Spe- SA 4825. Mrs. BOXER (for herself, Mr. WAR- the world; and cies Act of 1973 (16 U.S.C. 1533(c)(1)); NER, and Mr. LIEBERMAN) proposed an amend- (4) commends Mr. Saffir’s service to the Whereas, by 2006, the population of bald ea- ment to the bill S. 3036, to direct the Admin- State of Florida, the United States, and the gles that nested in the lower 48 States had istrator of the Environmental Protection world. increased to approximately 7,000 to 8,000 nesting pairs; Agency to establish a program to decrease f Whereas, on June 28, 2007, the Secretary of emissions of greenhouse gases, and for other SENATE RESOLUTION 583—DESIG- the Interior removed the bald eagle from the purposes. NATING JUNE 20, 2008, AS ‘‘AMER- list of threatened species published under SA 4826. Mr. REID (for Mr. BIDEN) proposed section 4(c)(1) of the Endangered Species Act an amendment to amendment SA 4825 pro- ICAN EAGLE DAY’’, AND CELE- posed by Mrs. BOXER (for herself, Mr. WAR- BRATING THE RECOVERY AND of 1973 (16 U.S.C. 1533(c)(1)); Whereas bald eagles will still be protected NER, and Mr. LIEBERMAN) to the bill S. 3036, RESTORATION OF THE BALD in accordance with— supra. EAGLE, THE NATIONAL SYMBOL (1) the Act of June 8, 1940 (16 U.S.C. 668 et SA 4827. Mr. REID (for Mr. BIDEN) proposed OF THE UNITED STATES seq.) (commonly known as the ‘‘Bald Eagle an amendment to amendment SA 4826 pro- Protection Act of 1940’’); and posed by Mr. REID (for Mr. BIDEN) to the Mr. ALEXANDER (for himself, Mr. (2) the Migratory Bird Treaty Act (16 amendment SA 4825 proposed by Mrs. BOXER BYRD, Mr. CORKER, Mrs. FEINSTEIN, Mr. U.S.C. 703 et seq.); (for herself, Mr. WARNER, and Mr. COLEMAN, Mr. KENNEDY, Mr. CRAPO, Ms. Whereas the American Bald Eagle Recov- LIEBERMAN) to the bill S. 3036, supra. LANDRIEU, Mr. GREGG, Mr. SCHUMER, ery and National Emblem Commemorative SA 4828. Mr. REID proposed an amendment Mr. SPECTER, Mrs. BOXER, and Mr. AL- Coin Act (Public Law 108–486; 118 Stat. to the bill S. 3036, supra . LARD) submitted the following resolu- 3934)— SA 4829. Mr. REID proposed an amendment tion; which was: (1) was signed into law on December 23, to amendment SA 4828 proposed by Mr. REID 2004; and to the bill S. 3036, supra. S. RES. 583 (2) directs the Secretary of the Treasury to SA 4830. Mr. REID proposed an amendment Whereas, on June 20, 1782, the bald eagle mint commemorative coins in 2008— to the bill S. 3036, supra. was officially designated as the national em- (A) to celebrate the recovery and restora- SA 4831. Mr. REID proposed an amendment blem of the United States by the founding fa- tion of the bald eagle; and to amendment SA 4830 proposed by Mr. REID thers at the Second Continental Congress; (B) to mark the 35th anniversary of the En- to the bill S. 3036, supra. Whereas the bald eagle is the central dangered Species Act of 1973 (16 U.S.C. 1531 et SA 4832. Mr. REID proposed an amendment seq.); image of the Great Seal of the United States; to amendment SA 4831 proposed by Mr. REID Whereas section 7(b) of the American Bald Whereas the image of the bald eagle is dis- to the amendment SA 4830 proposed by Mr. Eagle Recovery and National Emblem Com- played in the official seal of many branches REID to the bill S. 3036, supra. memorative Coin Act (Public Law 108–486; and departments of the Federal Government, SA 4833. Mr. KERRY (for himself, Mrs. 118 Stat. 3937) provides that each surcharge including— FEINSTEIN, and Ms. SNOWE) submitted an received by the Secretary of the Treasury (1) the Office of the President; amendment intended to be proposed by him from the sale of a coin issued under that Act (2) the Office of the Vice President; to the bill S. 3036, supra; which was ordered ‘‘shall be promptly paid by the Secretary to (3) Congress; to lie on the table. the American Eagle Foundation of Ten- (4) the Supreme Court; SA 4834. Mr. DURBIN submitted an amend- nessee’’ to support efforts to protect the bald (5) the Department of the Treasury; ment intended to be proposed by him to the eagle; (6) the Department of Defense; Whereas, on January 15, 2008, the Secretary bill S. 3036, supra; which was ordered to lie (7) the Department of Justice; of the Treasury issued 3 limited edition bald on the table. (8) the Department of State; eagle commemorative coins; SA 4835. Mr. LAUTENBERG submitted an (9) the Department of Commerce; Whereas, if not for the vigilant conserva- amendment intended to be proposed by him (10) the Department of Homeland Security; tion efforts of concerned citizens and the en- to the bill S. 3036, supra; which was ordered (11) the Department of Veterans Affairs; actment of strict environmental protection to lie on the table. (12) the Department of Labor; laws (including regulations) the bald eagle SA 4836. Mr. BIDEN (for himself, Mr. (13) the Department of Health and Human would be extinct; LUGAR, Mr. KERRY, Mr. WARNER, Mr. MENEN- Services; Whereas the dramatic recovery of the pop- DEZ, Ms. SNOWE, Mr. CARDIN, Mr. CASEY, Mr. (14) the Department of Energy; ulation of bald eagles is an endangered spe- BAYH, Ms. COLLINS, Mr. OBAMA, Mr. WEBB, (15) the Department of Housing and Urban cies success story and an inspirational exam- Mr. FEINGOLD, Mr. WHITEHOUSE, Mr. NELSON Development; ple for other wildlife and natural resource of Florida, Mr. BINGAMAN, and Mr. MCCAIN) (16) the Central Intelligence Agency; and conservation efforts around the world; submitted an amendment intended to be pro- (17) the Postal Service; Whereas the initial recovery of the popu- posed by him to the bill S. 3036, supra; which Whereas the bald eagle is an inspiring sym- lation of bald eagles was accomplished by was ordered to lie on the table. bol of— the concerted efforts of numerous govern- SA 4837. Mr. SANDERS submitted an (1) the spirit of freedom; and ment agencies, corporations, organizations, amendment intended to be proposed by him (2) the democracy of the United States; and individuals; and to the bill S. 3036, supra; which was ordered Whereas, since the founding of the Nation, Whereas the continuation of recovery, to lie on the table. the image, meaning, and symbolism of the management, and public awareness programs SA 4838. Mr. SANDERS (for himself, Mr. bald eagle have played a significant role in for bald eagles will be necessary to ensure— MENENDEZ, and Mr. KERRY) submitted an the art, music, history, literature, architec- (1) the continued progress of the recovery amendment intended to be proposed by him ture, and culture of the United States; of bald eagles; and to the bill S. 3036, supra; which was ordered Whereas the bald eagle is prominently fea- (2) that the population and habitat of bald to lie on the table. tured on the stamps, currency, and coinage eagles will remain healthy and secure for fu- SA 4839. Mr. SANDERS (for himself, Mr. of the United States; ture generations: Now, therefore, be it MENENDEZ, and Mr. KERRY) submitted an Whereas the habitat of bald eagles exists Resolved, That the Senate— amendment intended to be proposed by him only in North America; (1) designates June 20, 2008, as ‘‘American to the bill S. 3036, supra; which was ordered Whereas, by 1963, the population of bald ea- Eagle Day’’; to lie on the table. gles that nested in the lower 48 States had (2) applauds the issuance of bald eagle SA 4840. Mr. SANDERS (for himself, Mr. declined to approximately 417 nesting pairs; commemorative coins by the Secretary of MENENDEZ, and Mr. KERRY) submitted an Whereas, due to the dramatic decline in the Treasury as a means by which to help amendment intended to be proposed by him the population of bald eagles in the lower 48 generate critical funds for the protection of to the bill S. 3036, supra; which was ordered States, the Secretary of the Interior listed bald eagles; and to lie on the table. the bald eagle as an endangered species on (3) encourages— SA 4841. Mr. SANDERS (for himself and the list of endangered species published (A) educational entities, organizations, Mr. KERRY) submitted an amendment in- under section 4(c)(1) of the Endangered Spe- businesses, conservation groups, and govern- tended to be proposed by him to the bill S. cies Act of 1973 (16 U.S.C. 1533(c)(1)); ment agencies with a shared interest in con- 3036, supra; which was ordered to lie on the Whereas caring and concerned citizens of serving endangered species to collaborate table. the United States that represented Federal, and develop educational tools for use in the SA 4842. Mr. ALLARD submitted an State, and private sectors banded together to public schools of the United States; and amendment intended to be proposed by him

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.056 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5049 to the bill S. 3036, supra; which was ordered TEXT OF AMENDMENTS Sec. 322. Emission allowances from other to lie on the table. countries. SA 4825. Mrs. BOXER (for herself, Mr. SA 4843. Mr. ALLARD submitted an Subtitle C—Agriculture and Forestry WARNER, and Mr. LIEBERMAN) proposed amendment intended to be proposed by him Program in the United States an amendment to the bill S. 3036, to di- to the bill S. 3036, supra; which was ordered Sec. 331. Allocation. to lie on the table. rect the Administrator of the Environ- Sec. 332. Agriculture and Forestry Program. SA 4844. Mr. MENENDEZ (for himself and mental Protection Agency to establish Sec. 333. Agricultural and forestry green- Mr. KERRY) submitted an amendment in- a program to decrease emissions of house gas management re- tended to be proposed by him to the bill S. greenhouse gases, and for other pur- search. 3036, supra; which was ordered to lie on the poses; as follows: TITLE IV—ESTABLISHING A GREEN- table. Strike all after the enacting clause and in- HOUSE GAS EMISSION ALLOWANCE SA 4845. Mr. MENENDEZ (for himself, Mr. TRADING MARKET LAUTENBERG, and Mr. SANDERS) submitted an sert the following: Subtitle A—Trading amendment intended to be proposed by him SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to the bill S. 3036, supra; which was ordered (a) SHORT TITLE.—This Act may be cited as Sec. 401. Sale, exchange, and retirement of to lie on the table. the ‘‘Lieberman-Warner Climate Security allowances. SA 4846. Mr. MENENDEZ (for himself and Act of 2008’’. Sec. 402. No restriction on transactions. Sec. 403. Allowance transfer and tracking Mr. KERRY) submitted an amendment in- (b) TABLE OF CONTENTS.—The table of con- system. tended to be proposed by him to the bill S. tents of this Act is as follows: 3036, supra; which was ordered to lie on the Sec. 1. Short title; table of contents. Subtitle B—Market Oversight and table. Sec. 2. Findings. Enforcement SA 4847. Mr. MENENDEZ (for himself, Mr. Sec. 3. Purposes. Sec. 411. Finding. LAUTENBERG, and Mr. SANDERS) submitted an Sec. 4. Definitions. Sec. 412. Carbon market oversight and regu- amendment intended to be proposed by him TITLE I—IMMEDIATE ACTION lation. to the bill S. 3036, supra; which was ordered Subtitle A—Tracking Greenhouse Gas Subtitle C—Carbon Market Efficiency Board to lie on the table. Emissions Sec. 421. Establishment. SA 4848. Mr. NELSON of Nebraska sub- Sec. 101. Purpose. Sec. 422. Composition and administration. Sec. 423. Duties. mitted an amendment intended to be pro- Sec. 102. Federal greenhouse gas registry. posed by him to the bill S. 3036, supra; which Sec. 103. Enforcement. Subtitle D—Climate Change Technology was ordered to lie on the table. Sec. 104. No effect on other requirements. Board SA 4849. Mr. BAUCUS submitted an amend- Subtitle B—Early Clean Technology Sec. 431. Establishment. ment intended to be proposed by him to the Deployment Sec. 432. Purpose. bill S. 3036, supra; which was ordered to lie Sec. 433. Independence. on the table. Sec. 111. Efficient Buildings Grant Program. Sec. 434. Advance notification of distribu- SA 4850. Mr. BAUCUS submitted an amend- Sec. 112. Super-Efficient Equipment and Ap- tions of funds. ment intended to be proposed by him to the pliances Development (SEAD) Sec. 435. Congressional oversight of board bill S. 3036, supra; which was ordered to lie Program. expenditures. on the table. Sec. 113. Clean medium- and heavy-duty hy- Sec. 436. Requirements. SA 4851. Mr. BARRASSO submitted an brid fleets program. Sec. 437. Reviews and audits by Comptroller amendment intended to be proposed by him Sec. 114. International clean energy deploy- General. to the bill S. 3036, supra; which was ordered ment. Subtitle E—Auction on Consignment to lie on the table. Subtitle C—Research Sec. 441. Regulations. SA 4852. Mr. BARRASSO submitted an Sec. 121. Research on effects of climate TITLE V—FEDERAL PROGRAM TO amendment intended to be proposed by him change on drinking water utili- PREVENT ECONOMIC HARDSHIP to the bill S. 3036, supra; which was ordered ties. Subtitle A—Banking to lie on the table. Sec. 122. Rocky Mountain Centers for Study SA 4853. Mr. BARRASSO submitted an of Coal Utilization. Sec. 501. Indication of calendar year. amendment intended to be proposed by him Sec. 123. Sun grant center for research on Sec. 502. Effect of time. to the bill S. 3036, supra; which was ordered compliance with Clean Air Act. Subtitle B—Borrowing to lie on the table. Sec. 124. Study by Administrator of black Sec. 511. Regulations. SA 4854. Mr. BARRASSO submitted an carbon emissions. Sec. 512. Term. amendment intended to be proposed by him Sec. 125. Study by Administrator of recy- Sec. 513. Repayment with interest. to the bill S. 3036, supra; which was ordered cling. Subtitle C—Emergency Off-Ramps to lie on the table. Sec. 126. Retail carbon offsets. Sec. 521. Emergency off-ramps triggered by SA 4855. Mr. BARRASSO submitted an TITLE II—CAPPING GREENHOUSE GAS Board. amendment intended to be proposed by him EMISSIONS Sec. 522. Cost-containment auctions. to the bill S. 3036, supra; which was ordered Sec. 201. Emission allowances. Sec. 523. Cost-containment auction price. to lie on the table. Sec. 202. Compliance obligation. Sec. 524. Regular auction reserve price. SA 4856. Mr. BARRASSO submitted an Sec. 203. Penalty for noncompliance. Sec. 525. Pool of emission allowances for the amendment intended to be proposed by him Sec. 204. Regulations. cost-containment auctions. Sec. 526. Limit on the quantity of emission to the bill S. 3036, supra; which was ordered Sec. 205. Report to Congress. allowances sold at any cost- to lie on the table. TITLE III—REDUCING EMISSIONS SA 4857. Mr. DORGAN submitted an containment auction. THROUGH OFFSETS AND INTER- Sec. 527. Using the proceeds of the annual amendment intended to be proposed by him NATIONAL ALLOWANCES to the bill S. 3036, supra; which was ordered cost-containment auctions. to lie on the table. Subtitle A—Offsets in the United States Sec. 528. Returning emission allowances not SA 4858. Mrs. DOLE submitted an amend- Sec. 301. Outreach initiative on revenue en- sold at the annual cost-contain- ment intended to be proposed by her to the hancement for agricultural pro- ment auctions. Sec. 529. Discontinuing the annual cost-con- bill S. 3036, supra; which was ordered to lie ducers. tainment auctions. on the table. Sec. 302. Establishment of a domestic offset SA 4859. Mrs. DOLE submitted an amend- program. Subtitle D—Transition Assistance for ment intended to be proposed by her to the Sec. 303. Eligible offset project types. Workers bill S. 3036, supra; which was ordered to lie Sec. 304. Project initiation and approval. Sec. 531. Establishment. on the table. Sec. 305. Offset verification and issuance of Sec. 532. Auctions. SA 4860. Mrs. DOLE submitted an amend- allowances. Sec. 533. Deposits. ment intended to be proposed by her to the Sec. 306. Tracking of reversals for sequestra- Sec. 534. Uses. Sec. 535. Climate Change Worker Assistance bill S. 3036, supra; which was ordered to lie tion projects. Program. on the table. Sec. 307. Examinations. Sec. 536. Workforce training and safety. SA 4861. Mrs. DOLE (for herself and Mr. Sec. 308. Timing and the provision of offset Subtitle E—Transition Assistance for WARNER) submitted an amendment intended allowances. to be proposed by her to the bill S. 3036, Sec. 309. Offset registry. Carbon-Intensive Manufacturers supra; which was ordered to lie on the table. Sec. 310. Environmental considerations. Sec. 541. Allocation. Sec. 311. Program review. SA 4862. Mrs. DOLE (for herself and Mr. Sec. 542. Distribution. WHITEHOUSE) submitted an amendment in- Subtitle B—Offsets and Emission Allowances Subtitle F—Transition Assistance for Fossil tended to be proposed by her to the bill S. From Other Countries Fuel-Fired Electricity Generators 3036, supra; which was ordered to lie on the Sec. 321. Offset allowances originating from Sec. 551. Allocation. table. projects in other countries. Sec. 552. Distribution.

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0655 E:\CR\FM\A04JN6.063 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5050 CONGRESSIONAL RECORD — SENATE June 4, 2008 Subtitle G—Transition Assistance for Sec. 832. Bonus allowances for renewable en- Subtitle C—National Wildlife Adaptation Refiners of Petroleum-Based Fuel ergy. Strategy Sec. 561. Allocation. TITLE IX—LOW-CARBON ELECTRICITY Sec. 1221. Definitions. Sec. 562. Distribution. AND ADVANCED RESEARCH Sec. 1222. National strategy. Subtitle H—Transition Assistance for Subtitle A—Low- and Zero-Carbon Sec. 1223. Science Advisory Board. Natural-Gas Processors Electricity Technology Sec. 1224. Climate Change and Natural Re- source Science Center. Sec. 571. Allocation. Sec. 901. Definitions. Sec. 572. Distribution. Sec. 902. Low- and Zero-Carbon Electricity Subtitle D—National Wildlife Adaptation Subtitle I—Federal Program for Energy Technology Fund. Program Consumers Sec. 903. Auctions. Sec. 1231. National Wildlife Adaptation Sec. 581. Establishment. Sec. 904. Deposits. Fund. Sec. 582. Auction. Sec. 905. Use of funds. Sec. 1232. Department of the Interior. Sec. 583. Deposits. Sec. 906. Financial incentives program. Sec. 1233. Forest service. Sec. 584. Disbursements from the Climate Sec. 907. Requirements. Sec. 1234. Environmental Protection Agen- Change Consumer Assistance Sec. 908. Forms of awards. cy. Fund. Sec. 909. Selection criteria. Sec. 1235. Corps of Engineers. Sec. 585. Sense of Senate on tax initiative to Subtitle B—Advanced Research Sec. 1236. Department of Commerce. protect consumers. Sec. 911. Auctions. Sec. 1237. National Academy of Sciences re- port. TITLE VI—PARTNERSHIPS WITH Sec. 912. Deposits. STATES, LOCALITIES, AND INDIAN Sec. 913. Use of funds. TITLE XIII—INTERNATIONAL PARTNER- TRIBES TITLE X—FUTURE OF COAL SHIPS TO REDUCE EMISSIONS AND ADAPT TO CLIMATE CHANGE Subtitle A—Partnerships With State Govern- Subtitle A—Kick-Start for Carbon Capture ments to Prevent Economic Hardship and Sequestration Subtitle A—Promoting Fairness While Reducing Emissions While Promoting Efficiency Sec. 1001. Carbon Capture and Sequestration Sec. 601. Assisting energy consumers Technology Fund. Sec. 1301. Definitions. through local distribution com- Sec. 1002. Auctions. Sec. 1302. Purposes. panies. Sec. 1003. Deposits. Sec. 1303. International negotiations. Sec. 602. Assisting State economies that Sec. 1004. Use of funds. Sec. 1304. International Climate Change rely heavily on manufacturing Sec. 1005. Kick-Start Program. Commission. Sec. 1305. Determinations on comparable ac- and coal. Subtitle B—Long-Term Carbon Capture and tion. Subtitle B—Partnerships With States, Local- Sequestration Incentives Sec. 1306. International reserve allowance ities, and Indian Tribes to Reduce Emis- Sec. 1011. Allocation. sions program. Sec. 1012. Qualifying projects. Sec. 1307. Adjustment of international re- Sec. 611. Mass transit. Sec. 1013. Distribution. serve allowance requirements. Sec. 612. Updating State building energy ef- Sec. 1014. 10-Year limit. Subtitle B—International Partnerships to ficiency codes. Sec. 1015. Exhaustion of Bonus Allowance Reduce Deforestation and Forest Degrada- Sec. 613. Energy efficiency and conservation Account. block grant program. tion Subtitle C—Legal Framework Sec. 614. State leaders in reducing emis- Sec. 1311. Findings; purpose. sions. Sec. 1021. National drinking water regula- Sec. 1312. Capacity building program. tions. Subtitle C—Partnerships With States and Sec. 1313. Forest carbon activities. Sec. 1022. Assessment of geological storage Indian Tribes to Adapt to Climate Change Sec. 1314. Establishing and distributing off- capacity for carbon dioxide. set allowances. Sec. 621. Allocation. Sec. 1023. Study of feasibility relating to Sec. 622. Coastal impacts. Sec. 1315. Limitation on double counting. construction and operation of Sec. 1316. Effect of subtitle. Sec. 623. Impacts on water resources and ag- pipelines and geological carbon Subtitle C—International Partnerships to riculture. dioxide sequestration activi- Deploy Clean Energy Technology Sec. 624. Impacts on Alaska. ties. Sec. 625. Impacts on Indian tribes. Sec. 1024. Liabilities for closed geological Sec. 1321. International Clean Energy De- Subtitle D—Partnerships With States, Local- storage sites. ployment. ities, and Indian Tribes to Protect Natural TITLE XI—FUTURE OF Subtitle D—International Partnerships to Resources TRANSPORTATION Adapt to Climate Change and Protect Na- Sec. 631. State Wildlife Adaptation Fund. tional Security Subtitle A—Kick-Start for Clean Sec. 632. Cost-sharing. Commercial Fleets Sec. 1331. International Climate Change Ad- Sec. 633. State comprehensive adaptation aptation and National Security Sec. 1101. Purpose. strategies. Fund. Sec. 1102. Allocation. TITLE VII—RECOGNIZING EARLY ACTION Sec. 1332. International Climate Change Ad- Sec. 1103. Clean medium- and heavy-duty aptation and National Security Sec. 701. Regulations. hybrid fleets program. Sec. 702. Allocation. Program. Sec. 703. General distribution. Subtitle B—Advanced Vehicle Manufacturers Sec. 1333. Monitoring and evaluation of pro- Sec. 704. Distribution to entities holding Sec. 1111. Climate Change Transportation grams. State emission allowances. Energy Technology Fund. TITLE XIV—REDUCING THE DEFICIT Sec. 1112. Auctions. Sec. 705. Distribution to power plants that Sec. 1401. Deficit Reduction Fund. Sec. 1113. Deposits. repowered pursuant to consent Sec. 1402. Auctions. Sec. 1114. Use of funds. decrees. Sec. 1403. Deposits. Sec. 1115. Manufacturer facility conversion Sec. 706. Distribution to carbon capture and Sec. 1404. Disbursements from Fund. sequestration projects. program. TITLE XV—CAPPING Subtitle C—Cellulosic Biofuel TITLE VIII—EFFICIENCY AND HYDROFLUOROCARBON EMISSIONS RENEWABLE ENERGY Sec. 1121. Cellulosic biofuel program. Sec. 1501. Regulations. Subtitle A—Efficient Buildings Subtitle D—Low-Carbon Fuel Standard Sec. 1502. National recycling and emission Sec. 801. Allocation. Sec. 1131. Findings. reduction program. Sec. 802. Efficient Buildings Allowance Pro- Sec. 1132. Definitions. Sec. 1503. Fire suppression agents. gram. Sec. 1133. Establishment. TITLE XVI—PERIODIC REPORTS AND Subtitle B—Efficient Equipment and TITLE XII—FEDERAL PROGRAM TO RECOMMENDATIONS Appliances PROTECT NATURAL RESOURCES Sec. 1601. National Academy of Sciences re- Sec. 811. Allocation. Subtitle A—Auctions ports. Sec. 812. Super-Efficient Equipment and Ap- Sec. 1201. Definitions. Sec. 1602. Environmental Protection Agency pliances Deployment Program. Sec. 1202. Auctions. recommendations. Subtitle C—Efficient Manufacturing Sec. 1603. Presidential recommendations. Subtitle B—Funds Sec. 821. Allocation. TITLE XVII—MISCELLANEOUS Sec. 1211. Bureau of Land Management Sec. 822. Efficient manufacturing program. Emergency Firefighting Fund. Subtitle A—Climate Security Act Subtitle D—Renewable Energy Sec. 1212. Forest Service Emergency Fire- Administrative Fund Sec. 831. Allocation. fighting Fund. Sec. 1701. Establishment.

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0655 E:\CR\FM\A04JN6.094 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5051 Sec. 1702. Auctions. are likely to pose a danger to the security (21) more than half the electricity gen- Sec. 1703. Deposits. interest and economic interest of the United erated in the United States is generated Sec. 1704. Disbursements from Fund. States; through the burning of coal; Sec. 1705. Use of Funds. (9) it is in the national security and eco- (22) the reserve of coal in the United States Subtitle B—Presidential Emergency nomic interest of the United States to recog- is larger than the reserve of coal in any Declarations and Proclamations nize, plan for, and mitigate the international other country; strategic, social, political, cultural, environ- (23) while the reductions in emissions of Sec. 1711. Emergency declaration. mental and economic effects of a changing sulfur dioxide, nitrogen oxides, and mercury Sec. 1712. Presidential proclamation. climate and to assist those in the most vul- that will occur in the presence of a declining Sec. 1713. Congressional rescission or modi- nerable developing countries to increase re- cap on the greenhouse gas emissions from fication. silience to those effects; coal-fired electric power generating facilities Sec. 1714. Report to Federal agencies. (10) the ingenuity of the people of the are larger than those that would occur in the Sec. 1715. Termination. United States will allow the United States to absence of such a cap, new, stricter Federal Sec. 1716. Public comment. become a leader in curbing global climate limits on emissions of sulfur dioxide, nitro- Sec. 1717. Prohibition on delegation. change; gen oxides, and mercury may still be needed Subtitle C—Administrative Procedure and (11) it is possible and desirable— to protect public health; and Judicial Review (A) to cap greenhouse gas emissions, from (24) many existing fossil fuel-fired electric Sec. 1721. Regulatory procedures. the sources that together account for the power generating facilities in the United Sec. 1722. Enforcement. majority of those emissions in the United States were exempted by Congress from Sec. 1723. Powers of Administrator. States, at or below the current level in 2012; emission limitations applicable to new and (B) to lower the cap each year between 2012 Subtitle D—State Authority modified facilities of that type based on an and 2050; and expectation by Congress that, over time, Sec. 1731. Retention of State authority. (C) to include in the system— those facilities would be retired or updated Subtitle E—Tribal Authority (i) measures to contain costs; with new pollution control equipment, but Sec. 1741. Tribal authority. (ii) measures providing for periodic reviews many of the exempted facilities nevertheless of the system; Subtitle F—Clean Air Act continue to operate and emit pollution at (iii) an aggressive program for deploying relatively high rates and without new pollu- Sec. 1751. Integration. advanced technology that is developed and tion control equipment. manufactured in the United States; Subtitle G—State–Federal Interaction and SEC. 3. PURPOSES. (iv) programs to assist low- and middle-in- Research The purposes of this Act are— come energy consumers; and Sec. 1761. Study and research. (1) to establish the core of a Federal pro- (v) programs to mitigate the impacts of gram that will reduce United States green- SEC. 2. FINDINGS. that degree of global climate change that house gas emissions substantially enough to Congress finds that— now is unavoidable; avert the catastrophic impacts of global cli- (1) unchecked global climate change poses (12) Congress will need to update the sys- mate change; and a significant threat to— tem, including the emission caps, to account (A) the national security of the United for new scientific information and steps (2) to accomplish that purpose while— States; taken or not taken by other countries; (A) preserving robust growth in the United (B) the economy of the United States; (13) the Federal Government currently pos- States economy; (C) public health in the United States; sesses adequate data to support initial steps (B) creating new jobs in the United States; (D) the well-being of residents of the in the establishment of a greenhouse gas (C) avoiding the imposition of hardship on United States; emission trading market and to support ini- United States residents; (E) the well-being of residents of other tial allocations of emission allowances based (D) reducing the dependence of the United countries; and upon historical emissions and other histor- States on petroleum produced in other coun- (F) the global environment; ical activities; tries; (2) pursuant to the United Nations Frame- (14) the smooth functioning of a national (E) imposing no net cost on the Federal work Convention on Climate Change, done at emission trading market that is based upon Government; New York on May 9, 1992, the United States a national emissions cap that comes into ef- (F) ensuring that the financial resources is committed to stabilizing greenhouse gas fect at the beginning of calendar year 2012 provided by the program established by this concentrations in the atmosphere at a level necessitates the establishment, not later Act for technology deployment are predomi- that will prevent dangerous interference than January 1, 2011, of a Federal system for nantly invested in development, production, with the climate system; determining, recording, and reporting green- and construction of that technology in the (3) according to the Fourth Assessment Re- house gas emissions at an entity-specific United States; and port of the Intergovernmental Panel on Cli- level; (G) encouraging complementary State and mate Change, stabilizing greenhouse gas con- (15) prompt and decisive domestic climate local government policies and programs that centrations in the atmosphere at a level that change investments represent an unprece- promote energy efficiency and technology will prevent dangerous interference with the dented economic development opportunity deployment or otherwise reduce greenhouse climate system will require a global effort to for the United States; gas emissions. reduce worldwide anthropogenic greenhouse (16) an environmental economic develop- SEC. 4. DEFINITIONS. gas emissions by 50 to 85 percent below 2000 ment policy should seek to increase the per- In this Act: levels by 2050; capita income and protect the interests of (1) ADDITIONAL; ADDITIONALITY.—The terms (4) prompt, decisive action is critical, be- working families; ‘‘additional’’ and ‘‘additionality’’ mean the cause greenhouse gases can persist in the at- (17) the measures in this Act are not the extent to which reductions in greenhouse gas mosphere for more than a century; only measures that Congress will need to emissions or increases in sequestration are (5) global climate change represents a po- enact over the decades-long program estab- incremental to business as usual, with no tentially significant threat multiplier for in- lished by this Act in order to avert dan- greenhouse gas incentives, for a project enti- stability around the world and is likely to gerous climate change and avoid the imposi- ty. exacerbate competition and conflict over ag- tion of hardship on United States residents; (2) ADMINISTRATOR.—The term ‘‘Adminis- ricultural, vegetative, marine, and water re- (18) State and local government programs, trator’’ means the Administrator of the En- sources and displace people, thus increasing including incentives, renewable portfolio vironmental Protection Agency. hunger and poverty and causing increased standards, energy-efficiency requirements, (3) ADVANCED TECHNOLOGY VEHICLE.—The pressure on the most vulnerable developing land-use policies, and other such programs term ‘‘advanced technology vehicle’’ means countries; typically implemented at the State and local an electric vehicle, a fuel cell-powered vehi- (6) the strategic, social, political, eco- levels are having and will continue to have a cle, a hybrid or plug-in hybrid electric vehi- nomic, cultural, and environmental con- substantial and direct beneficial effect on re- cle, an advanced diesel light duty motor ve- sequences of global climate change are likely ducing greenhouse gas emissions; hicle, or a hydrogen-fueled vehicle that to have disproportionate impacts on the (19) emissions of sulfur dioxide, nitrogen meets— most vulnerable developing countries, which oxides, and mercury in the United States (A) the Tier II Bin 5 emission standard es- have fewer industrial emissions and less eco- continue to inflict harm on the public tablished in regulations prescribed by the nomic and financial capacity to respond; health, economy, and natural resources of Administrator under section 202(i) of the (7) less developed countries rely to a much the United States; Clean Air Act (42 U.S.C. 7521(i)), or a lower- greater degree on the natural and environ- (20) fossil fuel-fired electric power gener- numbered Bin emission standard; mental systems likely to be affected by cli- ating facilities emit approximately 67 per- (B) any new emission standard for fine par- mate change for sustenance and livelihoods, cent of the total sulfur-dioxide emissions, 23 ticulate matter prescribed by the Adminis- as well as economic growth and stability; percent of the total nitrogen-oxide emis- trator under that Act; and (8) the consequences of global climate sions, 40 percent of the total carbon-dioxide (C) a standard of at least 125 percent of the change, including increases in poverty and emissions, and 40 percent of the total mer- average base year combined fuel economy, destabilization of economies and societies, cury emissions in the United States; calculated on an energy-equivalent basis for

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vehicles other than advanced diesel light- (16) COVERED ENTITY.—The term ‘‘covered (23) GEOLOGICAL SEQUESTRATION; GEOLOGI- duty motor vehicles, for vehicles of a sub- entity’’ means— CALLY SEQUESTERED.—The terms ‘‘geological stantially similar nature and footprint. (A) any entity that, during a 1-year period, sequestration’’ and ‘‘geologically seques- (4) ALLOWANCE.—The term ‘‘allowance’’ uses more than 5,000 metric tons of coal in tered’’ mean the permanent isolation of means— the United States; greenhouse gases, without reversal, in geo- (A) an emission allowance; (B) any entity that is a natural gas proc- logical formations. (B) an offset allowance; or essing plant in the United States (other than (24) HABITAT.—The term ‘‘habitat’’ means (C) an international allowance. in the State of Alaska); the physical, chemical, and biological prop- (5) AQUATIC SYSTEM.— (C) any entity that produces natural gas in erties that are used by wildlife (including (A) IN GENERAL.—The term ‘‘aquatic sys- the State of Alaska or the Federal waters of aquatic and terrestrial plant communities) tem’’ means any environment that is wet for the Alaska Outer Continental Shelf; for growth, reproduction, survival, food, at least part of the year in which plants and (D) any entity that holds title to natural water, cover, and space, on a tract of land, in animals interact with the chemical and gas, including liquefied natural gas, at the a body of water, or in an area or region. physical features of the environment. time the natural gas is imported into the (25) HFC.—The term ‘‘HFC’’ means a (B) INCLUSIONS.—The term ‘‘aquatic sys- United States; hydrofluorocarbon. tem’’ includes an environment described in (E) any entity that manufactures in the (26) INDIAN TRIBE.—The term ‘‘Indian subparagraph (A) with respect to— United States petroleum-based liquid or gas- tribe’’ has the meaning given the term in (i) any body of freshwater or salt water, eous fuel, petroleum coke, or coal-based liq- section 4 of the Indian Self-Determination such as a pond or ocean; and and Education Assistance Act (25 U.S.C. uid or gaseous fuel, the combustion of which (ii) groundwater. 450b). will, assuming no sequestration, emit a non– (6) BASELINE.—The term ‘‘baseline’’ means (27) INTERNATIONAL FOREST CARBON ACTIVI- HFC greenhouse gas; the level of greenhouse gas emissions or a TIES.—The term ‘‘international forest carbon (F) any entity that holds title, at the time carbon stock scenario that would occur with activities’’ means national or subnational of importation into the United States, to pe- respect to a project or activity in the ab- activities in countries other than the United troleum-based liquid or gaseous fuel, petro- sence of an offset project. States that— leum coke, or coal-based liquid or gaseous (7) BIOLOGICAL SEQUESTRATION; BIO- (A) are directed at— fuel, the combustion of which will, assuming LOGICALLY SEQUESTERED.—The terms ‘‘bio- (i) reducing greenhouse gas emissions from logical sequestration’’ and ‘‘biologically se- no sequestration, emit a non-HFC green- deforestation and forest degradation; and questered’’ mean— house gas; (ii) increasing sequestration of carbon (A) the capture, separation, isolation, or (G) any entity that, during a 1-year period, through— removal of greenhouse gases from the atmos- manufactures more than 10,000 carbon diox- (I) restoration of forests; phere by terrestrial biological means, such ide equivalents of non–HFC greenhouse gas (II) restoration of degraded land that has as by growing plants; and in the United States; not been forested prior to restoration; (B) the storage of those greenhouse gases (H) any entity that, during any 1-year pe- (III) afforestation, using native species, in plants or related soils. riod, holds title, at the time of importation where practicable; and (8) BOARD.—The term ‘‘Board’’ means the into the United States, to more than 10,000 (IV) improved forest management; and Carbon Market Efficiency Board established carbon dioxide equivalents of non–HFC (B) meet the eligibility requirements and by section 421. greenhouse gas; or quality criteria promulgated under sections (9) CARBON CONTENT.—The term ‘‘carbon (I) any entity that manufactures any 1313(a) and 1314(b). content’’ means the quantity of carbon, per hydrochlorofluorocarbon in the United (28) LEAKAGE.—The term ‘‘leakage’’ unit of weight or energy value, contained in States. means— a fuel. (17) DESTRUCTION.—The term ‘‘destruction’’ (A) a significant unaccounted increase in (10) CARBON DIOXIDE EQUIVALENT.—The means the extent to which the conversion of greenhouse gas emissions by a facility or en- term ‘‘carbon dioxide equivalent’’ means, for a greenhouse gas to another gas, by thermal, tity caused by an offset project, as deter- each HFC or non-HFC greenhouse gas, the chemical, or other means, reduces global mined by the Administrator; or quantity of the gas that the Administrator warming potential. (B) a significant unaccounted decrease in determines makes the same contribution to (18) ECOLOGICAL PROCESS.—The term ‘‘eco- sequestration that is caused by an offset global warming as 1 metric ton of carbon di- logical process’’ means a biological, chem- project, as determined by the Administrator. oxide. ical, or physical interaction between and (29) LOCAL DISTRIBUTION COMPANY.—The (11) CLIMATE REGISTRY.—The term ‘‘Cli- among the biotic and abiotic components of term ‘‘local distribution company’’ means an mate Registry’’ means the greenhouse gas an ecosystem, including— entity, whether public or private— emission registry jointly established and (A) nutrient cycling; (A) that has a legal, regulatory, or con- managed by more than 40 States and Indian (B) pollination; tractual obligation to deliver electricity or tribes to collect greenhouse gas emission (C) a predator-prey relationship; natural gas to retail consumers; and data from entities to support various green- (D) soil formation; (B) whose rates and costs are, except in the house gas emission reporting and reduction (E) gene flow; case of a registered electric cooperative, reg- policies for the member States and Indian (F) larval dispersal and settlement; ulated by a State agency, regulatory com- tribes. (G) changes in hydrology; mission, municipality, or public utility dis- (12) COMBINED FUEL ECONOMY.—The term (H) decomposition; and trict, or by an Indian tribe pursuant to tribal ‘‘combined fuel economy’’ means— (I) a disturbance regime, such as fire or law. (A) the combined city-highway miles per flooding. (30) MANUFACTURE.— gallon values, as reported in accordance with (19) EMISSION ALLOWANCE.—The term (A) IN GENERAL.—The term ‘‘manufacture’’ section 32908 of title 49, United States Code; ‘‘emission allowance’’ means an allowance means to make an item, substance, or mate- and established by the Administrator pursuant rial, for sale or distribution, through the ap- (B) in the case of an electric drive vehicle to section 201(a). plication of technology and industrial proc- with the ability to recharge from an off- (20) ENGINEERING INTEGRATION COSTS.—The esses. board source, the reported mileage, as deter- term ‘‘engineering integration costs’’ in- (B) EXCLUSION.—The term ‘‘manufacture’’ mined in a manner consistent with the Soci- cludes the cost of engineering tasks per- does not include the creation of a greenhouse ety of Automotive Engineers recommended formed in the United States relating to— gas through anaerobic decomposition. practice for that configuration, or a similar (A) incorporating qualifying components (31) NAFTA COUNTRY.—The term ‘‘NAFTA practice recommended by the Secretary of into the design of advanced technology vehi- country’’ means a country that is a party to Energy, using a petroleum equivalence fac- cles; and the North American Free Trade Agreement. tor for the off-board electricity (as defined (B) designing new tooling and equipment (32) NATURAL GAS PROCESSING PLANT.— by the Secretary of Energy). for production facilities that produce in the (A) IN GENERAL.—The term ‘‘natural gas (13) CONVENTION.—The term ‘‘Convention’’ United States qualifying components or ad- processing plant’’ means a facility that is de- means the United Nations Framework Con- vanced technology vehicles. signed— vention on Climate Change, done at New (21) FAIR MARKET VALUE.—The term ‘‘fair (i) to separate natural-gas liquids from York on May 9, 1992, and entered into force market value’’ means the average market natural gas; or on March 21, 1994. price, in a particular calendar year, of an (ii) to fractionate mixed natural-gas liq- (14) COST-CONTAINMENT AUCTION.—The term emission allowance. uids into natural-gas products. ‘‘cost-containment auction’’ means an auc- (22) FISH AND WILDLIFE.—The term ‘‘fish (B) EXCLUSION.—The term ‘‘natural gas tion of emission allowances conducted by the and wildlife’’ means— processing plant’’ does not include a well- Administrator pursuant to section 522. (A) any species of wild fauna, including head or pipeline facility that removes nat- (15) COST-CONTAINMENT AUCTION PRICE.— fish and other aquatic species; and ural-gas liquid condensate for operational or The term ‘‘cost-containment auction price’’ (B) any fauna in a captive breeding pro- safety purposes. means the single price at which emission al- gram the object of which is to reintroduce (33) NON-HFC GREENHOUSE GAS.—The term lowances are offered for sale during a cost- individuals of a depleted indigenous species ‘‘non-HFC greenhouse gas’’ means any of— containment auction in a particular year. into a previously occupied range. (A) carbon dioxide;

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.094 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5053 (B) methane; (B) the District of Columbia; (9) ensure verification and auditing of sub- (C) nitrous oxide; (C) the Commonwealth of Puerto Rico; and mitted data; (D) sulfur hexafluoride; or (D) any other territory or possession of the (10) establish consistent policies for calcu- (E) a perfluorocarbon. United States. lating carbon content and greenhouse gas (34) OFFSET ALLOWANCE.—The term ‘‘offset (49) STATE REGULATORY AUTHORITY.—The emissions for each type of fossil fuel re- allowance’’ means an allowance allocated by term ‘‘State regulatory authority’’ means ported; the Administrator pursuant to subtitle A or any State agency that has ratemaking au- (11) provide for public dissemination on the subtitle B of title III, or subtitle B of title thority with respect to the retail rate for Internet of all verified data that are not— XIII. electricity or natural-gas distribution serv- (A) vital to the national security of the (35) OFFSET PROJECT.—The term ‘‘offset ice. United States, as determined by the Presi- project’’ means a project that reduces emis- (50) TERRESTRIAL ECOSYSTEM.—The term dent; or sions or increases terrestrial sequestration ‘‘terrestrial ecosystem’’ means a land-occur- (B) confidential business information that of greenhouse gases from sources or sinks ring community of organisms, together with cannot be derived from information that is that would otherwise not have been covered their environment. otherwise publicly available and that would under the limitation on the emission of (51) TRIBAL REGULATORY AUTHORITY.—The cause significant calculable competitive greenhouse gases under this Act. term ‘‘tribal regulatory authority’’ means harm if published (except that information (36) PLANT.—The term ‘‘plant’’ means any any Indian tribe that has been granted statu- relating to greenhouse gas emissions shall species of wild flora. tory authority in accordance with section not be considered to be confidential business (37) PROJECT DEVELOPER.—The term 301(d) of the Clean Air Act (42 U.S.C. 7601(d)). information); ‘‘project developer’’ means an individual or TITLE I—IMMEDIATE ACTION (12) prescribe methods by which the Ad- entity implementing an offset project. Subtitle A—Tracking Greenhouse Gas ministrator shall, in cases in which satisfac- (38) QUALIFYING COMPONENT.—The term Emissions tory data are not submitted to the Adminis- ‘‘qualifying component’’ means a component trator for any period of time— SEC. 101. PURPOSE. that the Secretary of Energy determines to (A) replace the missing data with a con- The purpose of this title is to establish a be— servative estimate of the highest emission Federal greenhouse gas registry that— (A) specially designed for advanced tech- levels that may have occurred during the pe- (1) is national in scope; nology vehicles; riod for which data are missing, in order to (2) is complete, consistent, transparent, ac- (B) installed for the purpose of meeting the ensure emissions are not under-reported and curate, precise, and reliable; and performance requirements of advanced tech- to create a strong incentive for meeting data (3) provides the data necessary to imple- nology vehicles; and monitoring and reporting requirements; and ment the emission limitations and emission (C) manufactured in the United States. (B) take appropriate enforcement action; trading market established pursuant to this (39) REGIONAL GREENHOUSE GAS INITIA- and Act. TIVE.—The term ‘‘Regional Greenhouse Gas (13) ensure that no offset allowance distrib- Initiative’’ means the cooperative effort by, SEC. 102. FEDERAL GREENHOUSE GAS REGISTRY. uted to the government of a foreign country (a) REGULATIONS.—Not later than 2 years as of the date of enactment of this Act, the pursuant to subtitle B of title XIII is trans- States of Connecticut, Delaware, Maine, after the date of enactment of this Act, the ferred both into the greenhouse gas emission Maryland, New Hampshire, New Jersey, New Administrator shall promulgate regulations trading market established by this Act and York, and Vermont, to reduce carbon dioxide establishing a Federal greenhouse gas reg- into another such market. emissions. istry that— SEC. 103. ENFORCEMENT. (40) REGISTRY.—The term ‘‘Registry’’ (1) achieves the purposes described in sec- means the Federal greenhouse gas registry tion 101; and (a) CIVIL ACTIONS.—The Administrator established under section 102(a). (2) requires emission reporting to begin for may bring a civil action in a United States district court against any entity that fails to (41) REGULAR AUCTION.—The term ‘‘regular calendar year 2011. auction’’ means an auction of emission al- (b) CLIMATE REGISTRY.—The notice of final comply with any requirement promulgated lowances conducted by the Administrator agency action promulgating regulations pursuant to section 102. under this Act that is not a cost-contain- under subsection (a) shall explain each con- (b) PENALTY.—Any person that has vio- ment auction. sequential inconsistency between those regu- lated or is violating regulations promulgated pursuant to section 102 shall be subject to a (42) REGULAR AUCTION RESERVE PRICE.—The lations and the provisions of the Climate term ‘‘regular auction reserve price’’ means Registry. civil penalty of not more than $25,000 per day the price below which an emission allowance (c) REQUIREMENTS.—The regulations pro- for each violation. may not be sold through a regular auction. mulgated pursuant to subsection (a) shall— (c) PENALTY ADJUSTMENT.—For the fiscal year in which this Act is enacted and each (43) RETAIL RATE FOR DISTRIBUTION SERV- (1) ensure the completeness, consistency, fiscal year thereafter, the Administrator ICE.— transparency, accuracy, precision, and reli- shall, by regulation, adjust the penalty spec- (A) IN GENERAL.—The term ‘‘retail rate for ability of data on greenhouse gas emissions distribution service’’ means the rate that a in the United States and on the production ified in subsection (b) to reflect changes for local distribution company charges for the and manufacture in the United States, and the 12-month period ending the preceding use of the system of the local distribution importation into the United States, of fuels November 30 in the Consumer Price Index for company. and other products the uses of which result All Urban Consumers published by the Bu- (B) EXCLUSION.—The term ‘‘retail rate for in the emission of greenhouse gas; reau of Labor Statistics of the Department distribution service’’ does not include any (2) exceed or conform to the best practices of Labor. energy component of the rate. from the most recent Federal, State, tribal, SEC. 104. NO EFFECT ON OTHER REQUIREMENTS. (44) RETIRE AN ALLOWANCE.—The term ‘‘re- and international protocols for the measure- Nothing in this subtitle affects any re- tire an allowance’’ means to disqualify an al- ment, accounting, reporting, and quirement in effect as of the date of enact- lowance for any subsequent use, regardless of verification of greenhouse gas emissions, in- ment of this Act relating to the reporting whether the use is a sale, exchange, or sub- cluding, in particular, the Climate Registry, of— mission of the allowance in satisfaction of a taking into account the latest scientific re- (1) fossil-fuel production, refining, impor- compliance obligation. search; tation, exportation, or consumption data; (45) REVERSAL.—The term ‘‘reversal’’ (3) require that, wherever feasible, sub- (2) greenhouse gas emission data; or means an intentional or unintentional loss mitted data are monitored using monitoring (3) other relevant data. of sequestered carbon dioxide to the atmos- systems for fuel flow or emissions, such as Subtitle B—Early Clean Technology phere in significant quantities, as deter- continuous emission monitoring systems or Deployment mined by the Administrator, in order to ac- systems of equivalent precision, reliability, SEC. 111. EFFICIENT BUILDINGS GRANT PRO- complish the purposes of the Act in an effec- accessibility, and timeliness; GRAM. tive and efficient manner. (4) require that, if an entity is already (a) IN GENERAL.—The Administrator shall (46) RURAL ELECTRIC COOPERATIVE.—The using a continuous emission monitoring sys- establish and carry out a program, to be term ‘‘rural electric cooperative’’ means a tem to monitor mass emissions of a green- known as the ‘‘Efficient Buildings Grant cooperatively owned association that— house gas under a provision of law in effect Program’’, under which the Administrator (A) was in existence as of October 18, 2007; as of the date of enactment of this Act that shall provide grants to owners of buildings in and is consistent with this Act, that system be the United States for use in— (B) is eligible to receive loans under sec- used to monitor submitted data; (1) constructing new, highly-efficient tion 4 of the Rural Electrification Act of 1936 (5) include methods for avoiding the dou- buildings in the United States; and (7 U.S.C. 904). ble-counting of greenhouse gas emissions; (2) increasing the efficiency of existing (47) SEQUESTERED AND SEQUESTRATION.— (6) include protocols to prevent entities buildings in the United States. The terms ‘‘sequestered’’ and ‘‘sequestra- from avoiding reporting requirements; (b) REQUIREMENTS.—The Administrator tion’’ mean biological or geological seques- (7) include protocols for verification of sub- shall provide grants under this section to tration. mitted data; owners of buildings in the United States (48) STATE.—The term ‘‘State’’ means— (8) establish a means for electronic report- based on the extent to which building (A) a State; ing; projects proposed to be carried out using

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.094 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5054 CONGRESSIONAL RECORD — SENATE June 4, 2008 funds from the grants would result in (ii) the savings during the projected useful for the development and international de- verifiable, additional, and enforceable reduc- life, not to exceed 10 years, obtained by using ployment of technologies that will con- tions in direct and indirect greenhouse gas the pieces of equipment, electronics, and ap- tribute to sustainable economic growth and emissions— pliances (including the impact of any docu- the stabilization of greenhouse gas con- (1) in new or renovated buildings that dem- mented measures to retire low-performing centrations in the atmosphere at a level that onstrate exemplary performance by achiev- devices at the time of purchase of highly-ef- will prevent dangerous anthropogenic inter- ing a minimum score of 75 on the ficient substitutes). ference with the climate system. benchmarking tool of the Energy Star pro- (B) SAVINGS.—The term ‘‘savings’’ means (b) DEFINITIONS.—In this section: gram established by section 324A of the En- the megawatt-hours of electricity, or million (1) APPROPRIATE COMMITTEES OF CON- ergy Policy and Conservation Act (42 U.S.C. British thermal units of other fuels, that are GRESS.—The term ‘‘appropriate committees 6294a), or an equivalent score on an estab- saved by the use of a product, as compared to of Congress’’ means— lished energy performance benchmarking the projected energy consumption that (A) in the Senate— metric as determined under the regulations would result from the use of another prod- (i) the Committee on Foreign Relations; promulgated pursuant to subsection (d); and uct, based on the efficiency performance of (ii) the Committee on Finance; (2) in retrofitted existing buildings that displaced new product sales. (iii) the Committee on Energy and Natural demonstrate substantial improvement in the (2) REQUIREMENT.—Cost-effectiveness shall Resources; score or rating on that benchmarking tool be a top priority of the Administrator in pro- (iv) the Committee on Environment and by a minimum of 30 points, or an equivalent viding grants under this section. Public Works; and improvement using an established perform- (e) AUTHORIZATION OF APPROPRIATIONS.— (v) the Committee on Appropriations; and ance benchmarking metric as determined There are authorized to be appropriated such (B) in the House of Representatives— under the regulations promulgated pursuant sums as are necessary to carry out this sec- (i) the Committee on Foreign Affairs; to subsection (d). tion. (ii) the Committee on Ways and Means; (c) PRIORITY.—In providing grants under (f) TERMINATION OF AUTHORITY.—The pro- (iii) the Committee on Energy and Com- this section, the Administrator shall give gram established under this section, and all merce; priority to projects that— authority provided under this section, shall (iv) the Committee on Natural Resources; (1) are completed by building owners with terminate on the date on which the Super- and a proven track record of building efficiency Efficient Equipment and Appliances Deploy- (v) the Committee on Appropriations. performance; or ment Program is established under section (2) BOARD.—The term ‘‘Board’’ means the (2) result in measurable greenhouse gas re- 812. International Clean Energy Deployment duction benefits not encompassed within the SEC. 113. CLEAN MEDIUM- AND HEAVY-DUTY HY- Board established under subsection (c)(1). metrics of the Energy Star program referred BRID FLEETS PROGRAM. (3) ELIGIBLE COUNTRY.—The term ‘‘eligible to in subsection (b)(1). (a) IN GENERAL.—The Administrator shall country’’ means a foreign country that, as (d) REGULATIONS.—Not later than 2 years by regulation establish and carry out a pro- determined by the President— after the date of enactment of this Act, the gram under which the Administrator shall (A) is not a member of the Organization for Administrator shall promulgate regulations provide grants to entities in the United Economic Cooperation and Development; to implement this section. States, for the purchase of advanced and (e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such medium- and heavy-duty hybrid commercial (B)(i) has made a binding commitment, sums as are necessary to carry out this sec- vehicles, based on demonstrated increases in pursuant to an international agreement to tion. fuel efficiency of those commercial vehicles. which the United States is a party, to carry (f) TERMINATION OF AUTHORITY.—The pro- (b) REQUIREMENTS.—The regulations pro- out actions to produce measurable, report- gram established under this section, and all mulgated pursuant to subsection (a) shall able, and verifiable greenhouse gas emission authority provided under this section, shall provide that— mitigations; or terminate on the date on which the Efficient (1) only a purchaser of a commercial vehi- (ii) as certified by the Board to the appro- Buildings Allowance Program is established cle weighing at least 8,500 pounds shall be el- priate committees of Congress, has in force under section 802. igible for receipt of emission allowances binding national policies and measures that SEC. 112. SUPER-EFFICIENT EQUIPMENT AND AP- under the program; are capable of producing measurable, report- PLIANCES DEVELOPMENT (SEAD) (2) the purchaser of a qualifying vehicle able, and verifiable greenhouse gas emission PROGRAM. shall have certainty, at the time of purchase mitigations. (a) IN GENERAL.—The Administrator shall of a qualifying vehicle, of— (4) QUALIFIED ENTITY.—The term ‘‘qualified establish and carry out a program, to be (A) the amount of the grant to be provided; entity’’ means— known as the ‘‘Super-Efficient Equipment and (A) the national government of an eligible and Appliances Development Program’’ or (B) the time at which grant funds shall be country; ‘‘SEAD Program’’, under which the Adminis- available; (B) a regional or local governmental unit trator shall provide grants to retailers and (3) the amount of a grant provided under of an eligible country; and distributors in the United States for use in this section shall increase in direct propor- (C) a nongovernmental organization or a increasing sales of high-efficiency building tion to the fuel efficiency of a commercial private entity located or operating in an eli- equipment, high-efficiency consumer elec- vehicle to be purchased using funds from the gible country. tronics, and high-efficiency household appli- grant; (c) INTERNATIONAL CLEAN ENERGY DEPLOY- ances through marketing strategies such as (4) the amounts made available to provide MENT BOARD.— consumer rebates, with the goals of— grants under this section shall be allocated (1) ESTABLISHMENT.—Not later than 90 days (1) minimizing lifecycle costs for con- by the Administrator for at least 3 classes of after the date of enactment of this Act, the sumers; and vehicle weight, to ensure— President shall establish a board, to be (2) maximizing public benefit. (A) adequate availability of grant funds for known as the ‘‘ International Clean Develop- (b) AMOUNT OF INDIVIDUAL GRANTS.—The different categories of commercial vehicles; amount of each grant for each type of prod- ment Technology Board’’. and uct shall be determined by the Adminis- (2) COMPOSITION.—The Board shall be com- trator, in consultation with the Secretary of (B) that the amount of a grant provided for posed of— Energy, State and utility efficiency program the purchase of a heavier, more expensive ve- (A) the Secretary of State, who shall serve administrators, and national laboratories. hicle is proportional to the amount of a as Chairperson of the Board; (c) REPORTING.—Each retailer and dis- grant provided for the purchase of a lighter, (B) the Secretary of the Treasury; tributor participating in the program under less expensive vehicle; and (C) the Secretary of Energy; this section shall be required to report to the (5) the amount provided per grant shall de- (D) the Secretary of Commerce; Administrator, on a confidential basis for crease over time to encourage early pur- (E) the Administrator; the purpose of program design— chases of qualifying commercial vehicles. (F) the Administrator of the United States (1) the number of products of the retailer (c) AUTHORIZATION OF APPROPRIATIONS.— Agency for International Development; or distributer sold within each product type; There are authorized to be appropriated such (G) the United States Trade Representa- and sums as are necessary to carry out this sec- tive; and (2) wholesale purchase-price data relating tion. (H) such other officials as the President de- to those sales. (d) TERMINATION OF AUTHORITY.—The pro- termines to be appropriate. (d) COST-EFFECTIVENESS REQUIREMENT.— gram established under this section, and all (3) DUTIES.—The Board shall administer (1) DEFINITIONS.—In this subsection: authority provided under this section, shall the Fund in a manner that ensures that (A) COST-EFFECTIVENESS.—The term ‘‘cost- terminate on the date on which the clean amounts made available to carry out the effectiveness’’ means a value equal to the medium- and heavy-duty hybrid fleets pro- program— product obtained by multiplying— gram is established under section 1103. (A) are used in a manner that best pro- (i) the net number of highly-efficient SEC. 114. INTERNATIONAL CLEAN ENERGY DE- motes the participation of, and investments pieces of equipment, electronics, and appli- PLOYMENT. by, the private sector; ances sold by a retailer or distributor in a (a) PURPOSE.—The purpose of this section (B) are allocated in a manner consistent calendar year; by is to promote and leverage private financing with commitments by the United States

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.094 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5055 under international climate change agree- the President shall submit to the appro- (A) to evaluate climate change impacts on ments; and priate committees of Congress a report de- water resources throughout hydrological ba- (C) are expended to achieve the greatest scribing the criteria to be used to determine sins of the United States; greenhouse gas emission mitigation with the whether a country is an eligible country. (B) to improve the accuracy and resolution lowest practicable cost, consistent with sub- (2) SUBSEQUENT REPORTS.—Not later than 1 of climate change models at the regional paragraphs (A) and (B). year after the date of enactment of this Act, level; (4) ASSISTANCE.—The Board shall provide and annually thereafter, the President shall (C) to identify and explore options for in- assistance under this section to qualified en- submit to the appropriate committees of creasing conjunctive use of aboveground and tities to support the purposes of this section. Congress a report describing the assistance underground storage of water; and (5) FORM OF ASSISTANCE.—In accordance provided under this section by the Board (D) to optimize the operation of existing with international the Federal and inter- during the preceding calendar year, includ- and new reservoirs in diminished and erratic national intellectual property law, assist- ing— periods of precipitation and runoff; ance under this subsection shall be pro- (A) the aggregate amount of assistance (4) infrastructure impacts and solutions for vided— provided for capacity building initiatives water treatment facilities and underground (A) as direct assistance in the form of and technology deployment initiatives; and pipelines, including research— grants, congressional loans, cooperative (B) a description of each initiative funded (A) to evaluate and mitigate the impacts of agreements, contracts, insurance, or loan using the assistance, including— sea level rise on— guarantees to or with qualified entities; (i) the amount of assistance provided; (i) near-shore facilities; (B) as indirect assistance to qualified enti- (ii) the terms and conditions of provision (ii) soil drying and subsidence; and ties through— of the assistance; and (iii) reduced flows in water and wastewater (i) funding for international clean tech- (iii) the anticipated reductions in green- pipelines; and nology funds supported by multilateral insti- house gas emissions to be achieved as a re- (B) relating to methods of increasing the tutions; sult of technology deployment initiatives. resilience of existing infrastructure and de- (ii) support from development and export (e) EFFECT OF SECTION.—Nothing in this velopment of new design standards for future promotion assistance programs of the Fed- section alters or affects any authority of the infrastructure; eral Government; or Secretary of State under— (5) desalination, water reuse, and alter- (iii) support from international technology (1) title V of the Foreign Relations Author- native supply technologies, including re- programs of the Department of Energy; or ization Act, Fiscal Year 1979 (22 U.S.C. 2656a search— (C) in such other forms as the Board deter- et seq.); or (A) to improve and optimize existing mem- mines to be appropriate. (2) section 622(c) of the Foreign Assistance brane technologies, and to identify and de- (6) USE OF ASSISTANCE.—Assistance pro- Act of 1961 (22 U.S.C. 2382(c)). velop breakthrough technologies, to enable vided under this subsection shall be used for (f) AUTHORIZATION OF APPROPRIATIONS.— the use of seawater, brackish groundwater, 1 or more of the following purposes: There is authorized to be appropriated to treated wastewater, and other impaired (A) Funding for capacity building pro- carry out this section $2,000,000,000 for the sources; grams, including— period of fiscal years 2009 through 2011. (B) relating to new sources of water (i) developing and implementing meth- (g) TERMINATION OF AUTHORITY.—The pro- through cost-effective water treatment prac- odologies and programs for measuring and gram established under this section, and all tices in recycling and desalination; and quantifying greenhouse gas emissions and authority provided under this section, shall (C) to improve technologies for use in— verifying emission reductions; terminate on the date on which the Inter- (i) managing and minimizing the volume of (ii) assessing technology and policy options national Clean Energy Technology Program desalination and reuse concentrate streams; for greenhouse gas emission mitigations; and is established under section 1321. and (iii) providing other forms of technical as- (ii) minimizing the environmental impacts sistance to facilitate the qualification for, Subtitle C—Research of seawater intake at desalination facilities; and receipt of, program funding under this SEC. 121. RESEARCH ON EFFECTS OF CLIMATE (6) efficiency and the minimization of section. CHANGE ON DRINKING WATER UTIL- greenhouse gas emissions, including re- (B) Funding for technology programs to ITIES. search— mitigate greenhouse gas emissions through (a) IN GENERAL.—The Administrator, in co- (A) relating to optimizing the efficiency of Federal or State engagement in cooperative operation with the Secretary of Commerce, water supply and improving water efficiency research and development activities with eli- the Secretary of Energy, and the Secretary in energy production; and gible countries, including on the subject of— of the Interior, shall establish and carry out (B) to identify and develop renewable, car- (i) transportation technologies; a program of directed and applied research, bon-neutral options for the water supply in- (ii) coal, including low-rank coal; to be conducted through a nonprofit water dustry; (iii) energy efficiency programs; research foundation and sponsored by drink- (7) regional and hydrological basin cooper- (iv) renewable energy sources; and ing water utilities, to assist suppliers of ative water management solutions, includ- (v) industrial and building activities. drinking water in adapting to the effects of ing research into— (7) SELECTION OF PROJECTS.— climate change. (A) institutional mechanisms for greater (A) IN GENERAL.—The Board shall be re- (b) RESEARCH AREAS.—The research con- regional cooperation and use of water ex- sponsible for selecting qualified entities to ducted under subsection (a) shall include re- changes, banking, and transfers; and receive assistance under this subsection. search relating to— (B) the economic benefits of sharing risks (B) NOTIFICATION.—The Board shall not (1) the impacts of climate change on, and of shortage across wider areas; provide assistance under this subsection solutions to problems involving, water qual- (8) utility management, decision support until the date that is 30 days after the date ity, including research— systems, and water management models, in- on which the Board submits to the appro- (A) to address probable impacts on raw cluding research— priate committees of Congress a notice of water quality resulting from— (A) relating to improved decision support the proposed assistance, including— (i) erosion and turbidity from extreme pre- systems and modeling tools for use by water (i) in the case of a capacity building pro- cipitation events; utility managers to assist with increased gram— (ii) watershed vegetation changes; and water supply uncertainty and adaptation (I) a description of the capacity building (iii) increasing ranges of pathogens, algae, strategies posed by climate change; program to be funded using the assistance; and nuisance organisms resulting from (B) to provide financial tools, including (II) the terms and conditions of the provi- warmer temperatures; and new rate structures, to manage financial re- sion of assistance; and (B) relating to the mitigation of increased sources and investments, due to the fact that (III) a description of how the capacity damage to watersheds and water quality by increased conservation practices might di- building program will contribute to achiev- evaluating extreme events, such as wildfires minish revenue and increase investments in ing the purposes of this section; or and hurricanes, to learn and develop man- infrastructure; and (ii) in the case of a technology program— agement approaches to mitigate— (C) to develop improved systems and mod- (I) a description of the technology program (i) permanent watershed damage; els for use in evaluating— to be funded using the assistance; (ii) quality and yield impacts on source wa- (i) successful alternative methods for con- (II) the terms and conditions of the provi- ters; and servation and demand management; and sion of assistance; (iii) increased costs of water treatment; (ii) climate change impacts on ground- (III) an estimate of the additional quantity (2) impacts on groundwater supplies from water resources; of greenhouse gas emission reductions ex- carbon sequestration, including research to (9) reducing greenhouse gas emissions and pected due to the use of the assistance; and evaluate potential water quality con- demand management, including research— (IV) a description of how the technology sequences of carbon sequestration in various (A) to improve efficiency in water collec- program will contribute to achieving the regional aquifers, soil conditions, and min- tion, production, transmission, treatment, purposes of this section. eral deposits; distribution, and disposal to provide more (d) REPORTS.— (3) the impacts of climate change on, and sustainability; and (1) INITIAL REPORT.—Not later than 270 solutions to problems involving, water quan- (B) relating to means of assisting drinking days after the date of enactment of this Act, tity, including research— water utilities in reducing the production of

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greenhouse gas emissions in the collection, (C) the diesel and other direct emission Quantity of production, transmission, treatment, dis- control technologies, operations, or strate- emission al- tribution, and disposal of drinking water; gies to remove or reduce emissions of black Calendar Year lowances (in (10) water conservation and demand man- carbon, including estimates of the costs and millions) agement, including research— effectiveness of the measures; and (A) to develop strategic approaches to (D) the entire lifecycle and net climate im- 2013 ...... 5,669 water demand management that offer the pacts of installation of diesel particulate fil- 2014 ...... 5,562 lowest-cost, noninfrastructural options to ters on existing heavy-duty diesel engines; 2015 ...... 5,456 serve growing populations or manage declin- and 2016 ...... 5,349 ing supplies, primarily through— (2) recommendations of the Administrator 2017 ...... 5,243 (i) efficiencies in water use and realloca- regarding— 2018 ...... 5,137 tion of saved water; (A) areas of focus for additional research 2019 ...... 5,030 (ii) demand management tools; for technologies, operations, and strategies 2020 ...... 4,924 (iii) economic incentives; and with the highest potential to reduce emis- 2021 ...... 4,817 (iv) water-saving technologies; and sions of black carbon; and 2022 ...... 4,711 (B) relating to efficiencies in water man- (B) actions the Federal Government could 2023 ...... 4,605 agement through integrated water resource carry out to encourage or require additional 2024 ...... 4,498 management that incorporates— black carbon emission reductions. 2025 ...... 4,392 (i) supply-side and demand-side processes; (b) REPORT.—Not later than 180 days after 2026 ...... 4,286 (ii) continuous adaptive management; and the date of enactment of this Act, the Ad- 2027 ...... 4,179 (iii) the inclusion of stakeholders in deci- ministrator shall submit to Congress a re- 2028 ...... 4,073 sionmaking processes; and port describing the results of the study. 2029 ...... 3,966 (11) communications, education, and public (c) AUTHORIZATION OF APPROPRIATIONS.— 2030 ...... 3,860 acceptance, including research— There are authorized to be appropriated such 2031 ...... 3,754 (A) relating to improved strategies and ap- sums as are necessary to carry out this sec- 2032 ...... 3,647 proaches for communicating with customers, tion. 2033 ...... 3,541 decisionmakers, and other stakeholders SEC. 125. STUDY BY ADMINISTRATOR OF RECY- 2034 ...... 3,435 about the implications of climate change re- CLING. 2035 ...... 3,328 garding water supply; and (a) STUDY.—The Administrator shall con- 2036 ...... 3,222 (B) to develop effective communication ap- duct a study of the lifecycle greenhouse gas 2037 ...... 3,115 proaches to achieve— emission reductions and other benefits and 2038 ...... 3,009 (i) public acceptance of alternative water issues associated with— 2039 ...... 2,903 supplies and new policies and practices, in- (1) recycling scrap metal, including end-of- 2040 ...... 2,796 cluding conservation and demand manage- life vehicles, recovered paper and other fiber, 2041 ...... 2,690 ment; and scrap electronics, scrap glass, scrap plastics, 2042 ...... 2,584 (ii) public recognition and acceptance of scrap tires and other rubber, and scrap tex- 2043 ...... 2,477 increased costs. tiles; 2044 ...... 2,371 (c) AUTHORIZATION OF APPROPRIATIONS.— (2) using recycled materials in manufac- 2045 ...... 2,264 There are authorized to be appropriated such tured products; 2046 ...... 2,158 sums as are necessary to carry out this sec- (3) designing and manufacturing products 2047 ...... 2,052 tion. that increase recyclable output; 2048 ...... 1,945 SEC. 122. ROCKY MOUNTAIN CENTERS FOR (4) eliminating or reducing the use of sub- 2049 ...... 1,839 STUDY OF COAL UTILIZATION. stances and materials in products that de- 2050 ...... 1,732. (a) DESIGNATION.—The University of Wyo- crease recyclable output; and ming and Montana State University shall be (5) establishing a standardized system for (b) IDENTIFICATION NUMBERS.—The Admin- known and designated as the ‘‘Rocky Moun- lifecycle greenhouse gas emission reduction istrator shall assign to each emission allow- tain Centers of the Study of Coal Utiliza- measurement and certification for the manu- ance established under subsection (a) a tion’’. factured products and scrap recycling sec- unique identification number that includes (b) AUTHORIZATION OF APPROPRIATIONS.— tors, including the potential options for the the calendar year for which that emission al- There are authorized to be appropriated such structure and operation of such a system. lowance was established. sums as are necessary to carry out this sec- (b) REPORT.—Not later than 180 days after (c) LEGAL STATUS.— tion. the date of enactment of this Act, the Ad- (1) IN GENERAL.—An emission allowance ministrator shall submit to Congress a re- SEC. 123. SUN GRANT CENTER FOR RESEARCH ON shall not be a property right. COMPLIANCE WITH CLEAN AIR ACT. port describing the results of the study. (2) TERMINATION OR LIMITATION.—Nothing (c) AUTHORIZATION OF APPROPRIATIONS.— (a) DESIGNATION.—Each sun grant center in this Act or any other provision of law designated under section 7526 of the Food, There are authorized to be appropriated such shall limit the authority of the Adminis- Conservation, and Energy Act of 2008 is des- sums as are necessary to carry out this sec- trator to terminate or limit an emission al- ignated as a research institution of the Envi- tion. lowance. ronmental Protection Agency for the pur- SEC. 126. RETAIL CARBON OFFSETS. (3) OTHER PROVISIONS UNAFFECTED.—Noth- pose of conducting studies regarding the ef- (a) DEFINITION OF RETAIL CARBON OFFSET.— ing in this Act relating to emission allow- fects of biofuels and biomass on national and In this section, the term ‘‘retail carbon off- ances shall affect the application of, or com- regional compliance with the Clean Air Act set’’ means any carbon credit or carbon off- pliance with, any other provision of law to or (42 U.S.C. 7401 et seq). set that cannot be used in satisfaction of any by a covered entity. (b) FUNDING.—The Administrator shall pro- mandatory compliance obligation under a SEC. 202. COMPLIANCE OBLIGATION. vide to the sun grant centers such funds as regulatory system for reducing greenhouse (a) IN GENERAL.—Not later than 90 days the Administrator determines to be nec- gas emissions. after the end of each of calendar years 2012 essary to carry out the studies described in (b) QUALIFYING LEVELS AND REQUIRE- through 2050, the owner or operator of a cov- subsection (a). MENTS.—Not later than January 1, 2009, the ered entity shall submit to the Adminis- (c) AUTHORIZATION OF APPROPRIATIONS.— Administrator shall establish new qualifying trator an emission allowance or an offset al- There are authorized to be appropriated such levels and requirements for Energy Star cer- lowance for each carbon dioxide equivalent sums as are necessary to carry out this sec- tification for retail carbon offsets, effective of— tion. beginning January 1, 2010. (1) non-HFC greenhouse gas that was emit- SEC. 124. STUDY BY ADMINISTRATOR OF BLACK TITLE II—CAPPING GREENHOUSE GAS ted by that covered entity in the United CARBON EMISSIONS. EMISSIONS States during the preceding calendar year (a) STUDY.—The Administrator shall con- SEC. 201. EMISSION ALLOWANCES. through the use of coal; duct a study of black carbon emissions, in- (a) ESTABLISHMENT.—Not later than 60 days (2) non-HFC greenhouse gas that will be cluding— after the date of enactment of this Act, the emitted through the use of petroleum-based (1) an identification of— Administrator shall establish a quantity of liquid or gaseous fuel, petroleum coke, or (A) the latest scientific data relevant to emission allowances for each of calendar coal-based liquid or gaseous fuel that was, the climate-related impacts of black carbon years 2012 through 2050, as follows: during the preceding calendar year, manu- emissions from diesel engines and other factured by that covered entity in the United States or imported into the United States by sources; Quantity of (B)(i) the major sources of black carbon emission al- that covered entity; emissions in the United States and world- Calendar Year lowances (in (3) non-HFC greenhouse gas, that was, dur- wide; and millions) ing the preceding calendar year, manufac- (ii) an estimate of black carbon emissions tured by that covered entity in the United from those sources; 2012 ...... 5,775 States or imported into the United States by

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that covered entity, in each case in which trator determines the entity destroyed in (2) AMOUNT.—The amount of a cash penalty the non-HFC greenhouse gas is not itself a the United States during that calendar year. required to be paid under paragraph (1) shall petroleum- or coal-based gaseous fuel or nat- (2) DESTRUCTION OF METHANE THROUGH COM- be, as determined by the Administrator, an ural gas; BUSTION.—Paragraph (1) shall not apply to amount equal to the product obtained by (4) each HFC that was, during the pre- the destruction of methane through combus- multiplying— ceding calendar year, emitted as a byproduct tion. (A) the quantity of allowances that the of hydrochlorofluorocarbon manufacture in (f) SEQUESTRATION CREDIT.—Not later than owner or operator failed to submit; and the United States by that covered entity; 90 days after the end of each of calendar (B) the greater of— and years 2012 through 2050, the Administrator (i) $200; or (5) non-HFC greenhouse gas that will be shall establish and distribute to each covered (ii) an amount, in dollars, equal to 3 times emitted— entity subject to any of paragraphs (2) the average market value of an emission al- (A) through the use of natural gas that through (5) of subsection (a) that the Admin- lowance during the calendar year for which was, during the preceding calendar year, istrator determines captured and geologi- the allowances were due. processed in the United States by that cov- cally sequestered carbon dioxide during the (3) TIMING.—A cash penalty required under ered entity, imported into the United States calendar year a quantity of emission allow- this subsection shall be immediately due and by that covered entity, or produced in the ances equal to the quantity of metric tons of payable to the Administrator, without de- State of Alaska or the Federal waters of the carbon dioxide that the entity captured and mand. outer Continental Shelf off the coast of that geologically sequestered in the United (4) DEPOSIT.—The Administrator shall de- State by that covered entity and not re- States during that calendar year. posit each cash penalty paid under this sub- injected into the field; or (g) NONEMISSIVE USE CREDIT.— section into the Treasury of the United (B) through the use of natural gas liquids (1) IN GENERAL.—Subject to paragraph (2), States. that were, during the preceding year, proc- not later than 90 days after the end of each (5) NO EFFECT ON LIABILITY.—A cash pen- essed in the United States by that covered of calendar years 2012 through 2050, the Ad- alty due and payable by the owner or oper- entity or imported into the United States by ministrator shall establish and distribute to ator of a covered entity under this sub- that covered entity. each entity in the United States that the Ad- section shall not diminish the liability of the ministrator determines used in the United (b) ASSUMPTION.— owner or operator for any fine, penalty, or States during that calendar year a (1) IN GENERAL.—Subject to paragraph (2), assessment against the owner or operator for for the purpose of calculating any submis- petroleum- or coal-based product, natural the same violation under any other provision sion requirement under subsection (a), the gas, or natural gas liquid as a feedstock, or of this Act or any other law. Administrator shall assume that no seques- used a perfluorocarbon in semiconductor re- (b) COMPENSATION.—The owner or operator tration, destruction, or retention of green- search or manufacturing in the United of a covered entity that fails for any year to house gas has occurred or will occur. States during that calendar year, an emis- submit to the Administrator, by the deadline sion allowance for each carbon dioxide equiv- (2) EXCEPTION.—Notwithstanding para- described in section 202, 1 or more of the graph (1), neither paragraph (2) nor para- alent of greenhouse gas that was not emitted emission allowances due pursuant to that graph (5) of subsection (a) requires a covered through the use of that feedstock or section shall be liable to compensate for the entity to submit emission allowances or off- perfluorocarbon, notwithstanding the sub- shortfall with a submission of excess allow- set allowances for petroleum- or coal-based mission of an emission allowance or offset ances during— liquid or gaseous fuel imported into the allowance for that carbon dioxide equivalent (1) the following calendar year; or United States, or for natural gas or natural under subsection (a). (2) such longer period as the Administrator gas liquids imported into the United States, (2) NONAPPLICABILITY TO CERTAIN FEED- may prescribe. if the fuel or liquid the substance was im- STOCK USES.—Paragraph (1) shall not apply (c) PROHIBITION.—It shall be unlawful for ported solely for use as a feedstock, and to to any feedstock use to which subsection the owner or operator of any entity liable the extent that no greenhouse gas is emitted (b)(2) applies. under subsections (a) and (b) to fail to com- (h) EXPORT CREDIT.—Not later than 90 days through the use of that fuel or substance as ply with a requirement under either of those after the end of each of calendar years 2012 a feedstock. subsections. through 2050, the Administrator shall estab- (d) NO EFFECT ON OTHER LAW.—Nothing in (c) EXCLUDING PETROLEUM-BASED LIQUID lish and distribute to each entity that the FUEL IMPORTED FROM A CAPPED NAFTA this title limits or otherwise affects the ap- Administrator determines exported from the plication of any other enforcement provision COUNTRY.—The regulations promulgated pur- United States a product described in para- suant to section 204 shall provide for the ex- under this Act or under any other law. graph (2), (3), or (5) of subsection (a) during SEC. 204. REGULATIONS. clusion from the compliance obligation that calendar year a quantity of emission al- under subsection (a)(2) of petroleum-based Not later than 2 years after the date of en- lowances equal to the quantity of allowances actment of this Act, the Administrator shall liquid fuel imported into the United States submitted for that product under 1 of those from a NAFTA country in any case in which promulgate regulations to carry out this paragraphs. title. the Administrator has determined, after pub- (i) INTERNATIONAL FLIGHT CREDIT.—Not lic notice and an opportunity for public com- later than 90 days after the end of each of SEC. 205. REPORT TO CONGRESS. ment, that— calendar years 2012 through 2050, the Admin- (a) IN GENERAL.—Not later than 2 years (1) the NAFTA country has enacted na- istrator shall establish and distribute to after the date of enactment of this Act, the tional greenhouse gas emissions reduction each entity that the Administrator deter- Administrator shall submit to the President requirements that are not less stringent mines purchased in the United States fuel and Congress a report on the regulation than those established for the United States for an international flight the greenhouse under this Act of greenhouse gases emitted by this Act; and gas emissions of which were regulated by the through the use of natural gas in the United (2) the petroleum-based liquid fuel im- laws of another country a quantity of emis- States. (b) REQUIREMENTS.—The report submitted ported into the United States from the sion allowances equal to the quantity of al- under subsection (a) shall include options for NAFTA country was produced or manufac- lowances submitted for that fuel under sub- increasing the percentage of the natural gas tured at or by an entity that was, at the section (a)(2). used in the United States that is subject to time of the production or manufacture, di- (j) DETERMINATION OF COMPLIANCE.—Not rectly subject to regulatory requirements, later than 180 days after the end of each of greenhouse gas emission-reduction measures pursuant to the enacted greenhouse gas calendar years 2012 through 2050, the Admin- while minimizing regulatory complexity. emission reduction requirements of the istrator shall determine whether the owners TITLE III—REDUCING EMISSIONS NAFTA country, to submit allowances cov- and operators of all covered entities are in THROUGH OFFSETS AND INTER- ering any greenhouse gas emitted through full compliance with subsection (a) for that NATIONAL ALLOWANCES the use of the liquid fuel. calendar year. Subtitle A—Offsets in the United States (d) RETIREMENT OF ALLOWANCES UPON RE- (k) PROHIBITION.—A covered entity shall SEC. 301. OUTREACH INITIATIVE ON REVENUE CEIPT.—Immediately upon receiving an al- not submit, and the Administrator shall not ENHANCEMENT FOR AGRICULTURAL lowance under subsection (a), the Adminis- accept, any allowance established pursuant PRODUCERS. trator shall retire the allowance. to section 1501 in satisfaction, in whole or in (a) IN GENERAL.—The Secretary of Agri- (e) DESTRUCTION CREDIT.— part, of the compliance obligation under sub- culture, acting through the Chief of the Nat- (1) IN GENERAL.—Not later than 90 days section (a). ural Resources Conservation Service, the after the end of each of calendar years 2012 SEC. 203. PENALTY FOR NONCOMPLIANCE. Chief of the Forest Service, the Director of through 2050, the Administrator shall estab- (a) CASH PENALTY.— the National Institute of Food and Agri- lish and distribute to any entity in the (1) IN GENERAL.—The owner or operator of culture, and land-grant colleges and univer- United States that the Administrator deter- any covered entity that fails for any year to sities, in consultation with the Adminis- mines destroyed greenhouse gas in the submit to the Administrator by the applica- trator and the heads of other appropriate de- United States during the calendar year a ble deadline described in section 202 1 or partments and agencies, shall establish an quantity of emission allowances equal to the more of the allowances due pursuant to that outreach initiative to provide information to quantity of carbon dioxide equivalents of section shall be liable for the payment to the agricultural producers, agricultural organi- non-HFC greenhouse gas that the Adminis- Administrator of a cash penalty. zations, foresters, State and local officials,

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Administrator shall issue to a project devel- (b) COMPONENTS.—The initiative under this (B) MAXIMUM QUANTITY.—The maximum oper offset allowances for qualifying emis- section— aggregate quantity of international allow- sion reductions and biological sequestrations (1) shall be designed to ensure, to the max- ances and international forest carbon credits from offset projects that satisfy the applica- imum extent practicable, that interested the use of which the Administrator shall ble requirements of this subtitle, unless an parties receive detailed, practical informa- allow for a calendar year under subparagraph alternative recipient is specified in a legally- tion about— (A) shall be equal to the difference between— binding contract or agreement. (A) opportunities to earn new revenue (i) 15 percent of the quantity of emission under this subtitle; (e) TRANSFERABILITY; COMPENSATION FOR allowances established for that year pursu- REVERSALS.— (B) measurement protocols, monitoring, ant to section 201(a); and verifying, inventorying, registering, insur- (1) TRANSFERABILITY.—An offset allowance (ii) the quantity of offset allowances issued generated pursuant to this subtitle may be ing, and marketing offsets under this title; in that year pursuant to subsection (d). (C) emerging domestic and international sold, traded, or transferred, on the condition (3) CARRY-OVER.— that the offset allowance has not expired or markets for energy crops, allowances, and (A) IN GENERAL.—If the sum of the quan- offsets; and been retired or canceled. tity of offset allowances issued for a calendar (2) COMPENSATION FOR REVERSALS.—With (D) local, regional, and national databases year pursuant to subsection (d) and the and aggregation networks to facilitate respect to a biological sequestration project, quantity of international allowances and a project developer shall be responsible for achievement, measurement, registration, international forest carbon credits used in and sales of offsets; mitigating and compensating for reversals of that calendar year pursuant to paragraph (2) registered offset allowances unless a dif- (2) shall provide, in cooperation with other is less than 15 percent of the quantity of stakeholders— ferent responsible party is specified in a le- emission allowances established for that cal- gally-binding contract or agreement. (A) outreach materials, including the endar year pursuant to section 201(a), not- (f) ACCOUNTING PERIOD.— handbook published under subsection (c), to withstanding paragraph (1), the quantity of (1) IN GENERAL.—The Administrator shall interested parties; offset allowances issued pursuant to sub- issue offset allowances— (B) workshops; and section (d) in the subsequent calendar year (A) on an annual basis, beginning on the (C) technical assistance; and shall not exceed the sum obtained by add- date on which the initiation of an offset (3) may include the creation and develop- ing— project is approved; and ment of regional marketing centers or co- (i) 15 percent of the quantity of emission (B) that equal the verified and certified ordination with existing centers (including allowances established for that subsequent emission reductions or increases in seques- centers within the Natural Resources Con- calendar year pursuant to section 201(a); and tration achieved by the offset project. servation Service or the National Institute (ii) the difference between— (2) BASELINE VALIDITY.—An emission base- of Food and Agriculture or at land-grant col- (I) 15 percent of the quantity of emission line approved for an offset project shall be leges and universities). allowances established for that year pursu- valid for a period of 5 years before being sub- (c) HANDBOOK.— ant to section 201(a); and ject to revision. (1) IN GENERAL.—Not later than 1 year after (II) the sum obtained by adding the quan- the date of enactment of this Act, the Sec- tity of offset allowances issued in the pre- SEC. 303. ELIGIBLE OFFSET PROJECT TYPES. retary of Agriculture, in consultation with ceding calendar year pursuant to subsection (a) IN GENERAL.—An offset allowance from the Administrator and after providing an op- (d) and the quantity of international allow- an agricultural, forestry, or other land use- portunity for public comment, shall publish ances and international forest carbon credits related project shall be provided only for a handbook for use by interested parties that used in that year pursuant to paragraph (2). achieving an offset of 1 or more greenhouse provides easy-to-use guidance on achieving, (4) EXCHANGE FOR REGIONAL GREENHOUSE gases by a method other than a reduction of reporting, registering, and marketing off- GAS INITIATIVE OFFSETS.—The Administrator combustion of greenhouse gas-emitting fuel. sets. shall— (2) DISTRIBUTION.—The Secretary of Agri- (b) CATEGORIES OF ELIGIBLE OFFSET (A) issue offset allowances, at an appro- PROJECTS.— culture shall ensure, to the maximum extent priate discount rate, for offset allowances practicable, that the handbook— (1) IN GENERAL.—The Administrator, after issued under the Regional Greenhouse Gas providing public notice and an opportunity (A) is made available through the Internet Initiative; and and in other electronic media; for comment, shall issue and periodically re- (B) ensure that enough capacity remains vise a list of categories of offset projects for (B) includes, with respect to the electronic within the limitation under paragraph (1) to form of the handbook described in subpara- the Administrator shall issue an offset meth- carry out exchanges with all interested par- odology. graph (A), electronic forms and calculation ties. tools to facilitate the petition process for (2) CATEGORIES.—The Administrator shall new methodologies; and (c) REQUIREMENTS.—The regulations pro- consider including on the list under para- (C) is distributed widely through land- mulgated pursuant to subsection (a) shall— graph (1)— grant colleges and universities and other ap- (1) authorize the issuance and certification (A) agricultural and rangeland sequestra- propriate institutions. of offset allowances only for greenhouse gas tion and management practices, including— (3) UPDATING.—– The Secretary of Agri- emission reductions or increases in seques- (i) altered tillage practices; culture shall update the handbook at least tration relative to the offset project base- (ii) winter cover cropping, continuous crop- every 5 years, or more frequently as needed line, for offset projects approved pursuant to ping, and other means to increase biomass to reflect developments in science, practices, section 304 in categories on the list issued returned to soil in lieu of planting followed methodologies, measurement protocols, and under section 303; by fallowing; emerging markets. (2) ensure that those offsets represent real, (iii) conversion of cropland to rangeland or SEC. 302. ESTABLISHMENT OF A DOMESTIC OFF- verifiable, additional, permanent, and en- grassland, on the condition that the land has SET PROGRAM. forceable reductions in greenhouse gas emis- been in nonforest use for at least 10 years be- (a) REGULATIONS.—Not later than 2 years sions or increases in sequestration; fore the date of initiation of the project; after the date of enactment of this Act, the (3) require that the project developer for an (iv) reduction of nitrogen fertilizer use or Administrator, in conjunction with the Sec- offset project establish the project baseline increase in nitrogen use efficiency; retary of Agriculture, shall promulgate regu- and register emissions with the Registry; (v) reduction in the frequency and duration lations authorizing the certification and (4) specify the types of offset projects eligi- of flooding of rice paddies; and issuance of offset allowances in accordance ble to generate offset allowances, in accord- (vi) reduction in carbon emissions from or- with this subtitle. ance with section 303; ganic soils; (b) USE.— (5) establish procedures to monitor, quan- (B) changes in carbon stocks attributed to (1) IN GENERAL.—Subject to paragraph (3), tify, and discount reductions in greenhouse land use change and forestry activities lim- the quantity of offset allowances issued pur- gas emissions or increases in biological se- ited to— suant to subsection (d) in a calendar year questration, in accordance with section 303; (i) afforestation or reforestation of acreage shall not exceed 15 percent of the quantity of (6) establish procedures for project initi- not forested as of October 18, 2007; and emission allowances established for that ation and approval, in accordance with sec- (ii) forest management resulting in an in- year pursuant to section 201(a). tion 304; crease in forest stand volume; (2) USE OF INTERNATIONAL ALLOWANCES.— (7) establish procedures for third-party (C) manure management and disposal, in- (A) IN GENERAL.—If the quantity of offset verification, registration, and issuance of cluding— allowances issued in a calendar year pursu- offset allowances, in accordance with section (i) waste aeration; and ant to subsection (d) is less than 15 percent 305; (ii) methane capture and combustion;

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.095 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5059 (D) subject to the requirements of this sub- (I) an offset project will be eligible to gen- (2) may not use or distribute offset allow- title, any other terrestrial offset practices erate offset allowances only if, in the judg- ances until such approval is received and identified by the Administrator, including— ment of the Administrator, the project is ad- until after the emission reductions or se- (i) the capture or reduction of fugitive ditional; questrations supporting the offset allow- greenhouse gas emissions for which no cov- (II) no part of the offset project is required ances have actually occurred. ered entity is required under section 202(a) to by Federal or State regulations or commonly (b) PETITION PROCESS.—Prior to offset reg- submit any emission allowances, offset al- accepted industry standards, as determined istration and issuance of offset allowances, a lowances, or international allowances; by the Administrator; project developer shall submit to the Admin- (ii) methane capture and combustion at (III) the offset project uses technologies or istrator a petition that consists of— nonagricultural facilities; and practices that are not in common use within (1) a copy of the monitoring and quan- (iii) other actions that result in the avoid- a relevant jurisdiction or industry, as de- tification plan prepared for the offset ance or reduction of greenhouse gas emis- fined by the Administrator; and project, as described in subsection (d); sions in accordance with section 302; (IV) the offset project would not take place (2) a greenhouse gas initiation certifi- (E) combinations of any of the offset prac- in the absence of the revenue generated by cation, as described in subsection (e); and tices described in subparagraphs (A) through the sale of offset allowances; (3) subject to this subtitle, any other infor- (D); and (vii) a procedure to quantify leakage and mation identified by the Administrator in (F) any other category proposed to the Ad- ensure that the issuance of offset allowances the regulations promulgated under section ministrator by petition. is reduced by an amount equivalent to the 302 as being necessary to meet the objectives (c) REQUIREMENTS FOR OFFSET METHODOLO- quantity of that leakage; of this subtitle. GIES.— (viii)(I) a methodology for use in assessing (c) APPROVAL AND NOTIFICATION.— (1) ISSUANCE.—Not later than 3 years after the risk that a sequestration will be re- (1) IN GENERAL.—Not later than 180 days the date of enactment of this Act, and after versed; after the date on which the Administrator public notice and an opportunity for com- (II) a description of measures that will be receives a complete petition under sub- ment, the Administrator shall issue a meth- taken to reduce that risk; and section (b), the Administrator shall— odology for each category of offset project (III) a description of procedures that will (A) determine whether the monitoring and listed pursuant to subsection (b). be followed to measure, report, and com- quantification plan satisfies the applicable (2) SPECIFIC REQUIREMENTS.—The method- pensate for any reversal that does occur; requirements of this subtitle; ology for each category issued under para- (ix) a procedure for use in— (B) determine whether the greenhouse gas graph (1) shall— (I) determining whether the quantity of initiation certification indicates a signifi- (A) specify requirements for— carbon sequestered on or in land where a cant deviation in accordance with subsection (i) determining the eligibility of an offset project is carried out was significantly (e)(3); and project; changed during the 10-year period prior to (ii) determining additional emission reduc- initiation of the project; and (C) notify the project developer of the de- tions or sequestrations from an offset (II) excluding the offset project from re- terminations under subparagraphs (A) and project; ceiving allowances under this subtitle, or ad- (B). (iii) accounting for emission leakage asso- justing the baseline of the offset project ac- (2) APPEAL.—The Administrator shall es- ciated with an offset project; cordingly; and tablish mechanisms for appeal and review of (iv) accounting for a reversal, and man- (x) a protocol for use in reporting emission determinations made under this subsection. aging for the risk of reversal, from an offset reductions or sequestrations (and any rever- (d) MONITORING AND QUANTIFICATION.— project; and sals) at least annually. (1) IN GENERAL.—A project developer shall (v) monitoring, verifying, and reporting (3) CONSULTATION.—In the case of an offset make use of the standardized tools and the operation of an offset project; and project relating to agriculture or forestry, methods described in this section to mon- (B) include— the Administrator shall consult with the itor, quantify, and discount reductions in (i) a procedure for determining that— Secretary of Agriculture in carrying out this greenhouse gas emissions or increases in se- (I) an offset project does not receive sup- subsection. questration. port from an allowance allocation under this (4) REVISION.—The Administrator shall re- (2) MONITORING AND QUANTIFICATION PLAN.— Act or from any other government incentive, vise each methodology issued under para- A monitoring and quantification plan shall subsidy, or mandate; and graph (1), after public notice and an oppor- be used to monitor, quantify, and discount (II) the emission reductions or sequestra- tunity for comment, at least every 5 years. reductions in greenhouse gas emissions or in- tions from an offset project are not double- (5) PROJECT CONFORMITY.—Beginning 1 year creases in sequestration as described in this counted under any other program; after the date by which a methodology is re- subsection. (ii) a procedure for delineating the bound- quired to be revised under paragraph (4), no (3) PLAN COMPLETION AND RETENTION.—A aries of an offset project and determining the further offset allowances shall be issued to monitoring and quantification plan shall extent, if any, of emission leakage from the an offset project approved under the method- be— offset project, based on scientifically sound ology unless the offset project is dem- (A) completed for all offset projects prior methods, as determined by the Adminis- onstrated to be in conformity with the appli- to offset project initiation; and trator; cable revisions. (B) retained by the project developer for (iii) a description of scientifically sound (d) TECHNOLOGIES.— the duration of the offset project. methods, as determined by the Adminis- (1) IN GENERAL.—The Administrator may (4) PLAN REQUIREMENTS.—Subject to sec- trator, for use in monitoring, measuring, and issue, after notice and comment, a list of tion 302, the Administrator, in conjunction quantifying changes in emissions or seques- technologies and associated performance with the Secretary of Agriculture, shall trations resulting from an offset project, in- benchmarks the achievement of which the specify the required components of a moni- cluding— Administrator has determined shall be con- toring and quantification plan, including— (I) a method for use in quantifying the un- sidered to be additional in specific project (A) a description of the offset project, in- certainty in those measurements; and applications. cluding project type; (II) a description of site-specific data that (2) PERIOD OF VALIDITY.—A determination (B) a determination of accounting periods; will be used in that monitoring, measure- of the Administrator under paragraph (1) (C) an assignment of reporting responsi- ment, and quantification; shall be valid for not more than 5 years after bility; (iv) a procedure for use in establishing the the date of the determination. (D) the contents and timing of public re- baseline for an offset project that ensures (e) METHODOLOGY TESTING.—The Adminis- ports, including summaries of the original that offset allowances will be issued only for trator may not issue a methodology under data, as well as the results of any analyses; emission reductions or sequestrations that this section until the Administrator deter- (E) a delineation of project boundaries, are additional; mines that— based on acceptable methods and formats; (v)(I) a threshold of uncertainty in the (1) the methodology has been tested by 3 (F) a description of which of the moni- quantification of emission reductions or se- independent expert teams on at least 3 dif- toring and quantification tools developed questrations and for baseline emission levels ferent offset projects to which that method- under subsection (f) are to be used to mon- above which an offset project shall not be el- ology applies; and itor and quantify changes in greenhouse gas igible to receive offset allowances; and (2) the emission reductions or sequestra- fluxes or carbon stocks associated with a (II) a procedure by which a project devel- tions estimated by the expert teams for the project; oper may petition for use of different uncer- same offset project do not differ by more (G) a description of which of the standard- tainty factors if the project developer dem- than 10 percent. ized methods developed under subsection (g) onstrates to the Administrator that the SEC. 304. PROJECT INITIATION AND APPROVAL. are to be used to determine additionality, es- measurement methods used by the offset (a) PROJECT APPROVAL.—A project devel- timate the baseline carbon, and discount for project have less uncertainty than assumed oper— leakage; under the default methodology; (1) may submit a petition for offset project (H) based on the selection of tools and (vi) clear and objective tests specified by approval at any time following the effective standardized methods described in subpara- the Administrator that are sufficient to en- date of regulations promulgated under sec- graphs (F) and (G), a determination of uncer- sure that— tion 302; but tainty in accordance with subsection (h);

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.095 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5060 CONGRESSIONAL RECORD — SENATE June 4, 2008 (I) what site-specific data, if any, will be tainty, estimating the baseline, and dis- retary of Agriculture, that is necessary to used in monitoring, quantification, and the counting for leakage for each offset project meet the objectives of this subtitle. determination of discounts; type listed under section 303(b); and (j) EXCLUSION.—No activity for which any (J) a description of procedures for use in (B) require that leakage be subtracted emission allowances are received under sub- managing and storing data, including qual- from reductions in greenhouse gas emissions title C shall generate offset allowances under ity-control standards and methods, such as or increases in sequestration attributable to this subtitle. redundancy in case records are lost; a project. (K) subject to the requirements of this sub- (2) ADDITIONALITY DETERMINATION AND SEC. 305. OFFSET VERIFICATION AND ISSUANCE title, any other information identified by the BASELINE ESTIMATION.—The standardized OF ALLOWANCES. Administrator or the Secretary of Agri- methods used to determine additionality and (a) IN GENERAL.—Offset allowances may be culture as being necessary to meet the objec- establish baselines shall, for each project claimed for net emission reductions or in- tives of this subtitle; and type, at a minimum— creases in sequestration annually, after ac- (L) a description of the risk of reversals for (A) in the case of a sequestration project, counting for any necessary discounts in ac- the project, including any way in which the determine the greenhouse gas flux and car- proposed project may alter the risk of rever- bon stock on comparable land identified on cordance with section 304, by submitting a sal for the project or other projects in the the basis of— verification report for an offset project to area. (i) similarity in current management prac- the Administrator. (e) GREENHOUSE GAS INITIATION CERTIFI- tices; (b) OFFSET VERIFICATION.— CATION.— (ii) similarity of regional, State, or local (1) SCOPE OF VERIFICATION.—A verification (1) IN GENERAL.—In reviewing a petition policies or programs; and report for an offset project shall be— submitted under subsection (b), the Adminis- (iii) similarity in geographical and bio- (A) completed by a verifier accredited in trator shall seek to exclude each activity physical characteristics; accordance with paragraph (3); and that undermines the integrity of the offset (B) in the case of an emission reduction (B) developed taking into consideration— program established under this subtitle, such project, use as a basis emissions from com- (i) the information and methodology con- as the conversion or clearing of land, or parable land or facilities; and tained within a monitoring and quantifica- marked change in management regime, in (C) in the case of a sequestration project or tion plan; anticipation of offset project initiation. emission reduction project, specify a se- (ii) data and subsequent analysis of the off- (2) GREENHOUSE GAS INITIATION CERTIFI- lected time period. set project, including— CATION REQUIREMENTS.—A greenhouse gas (3) LEAKAGE.—The standardized methods (I) quantification of net emission reduc- initiation certification developed under this used to determine and discount for leakage tions or increases in sequestration; subsection shall include— shall, at a minimum, take into consider- (II) determination of additionality; (A) the estimated greenhouse gas flux or ation— (III) calculation of leakage; carbon stock for the offset project for each of (A) the scope of the offset system in terms (IV) assessment of permanence; the 4 complete calendar years preceding the of activities and geography covered; (V) discounting for uncertainty; and effective date of the regulations promulgated (B) the markets relevant to the offset (VI) the adjustment of net emission reduc- under section 302; and project; tions or increases in sequestration by the (B) the estimated greenhouse gas flux or (C) emission intensity per unit of produc- discounts determined under subclauses (II) carbon stock for the offset project, averaged tion, both inside and outside of the offset through (V); and across each of the 4 calendar years preceding project; and (iii) subject to the requirements of this the effective date of the regulations promul- (D) a time period sufficient in length to subtitle, any other information identified by gated under section 302. yield a stable leakage rate. the Administrator as being necessary to (3) DETERMINATION OF SIGNIFICANT DEVI- (h) UNCERTAINTY FOR AGRICULTURAL AND achieve the purposes of this subtitle. FORESTRY PROJECTS.— ATION.—Based on standards developed by the (2) VERIFICATION REPORT REQUIREMENTS.— Administrator, in conjunction with the Sec- (1) IN GENERAL.—The Administrator, in The Administrator shall specify the required retary of Agriculture— conjunction with the Secretary of Agri- components of a verification report, includ- (A) each greenhouse gas initiation certifi- culture, shall develop standardized methods ing— cation submitted pursuant to this section for use in determining and discounting for (A) the quantity of offsets generated; shall be reviewed; and uncertainty for each offset project type list- (B) the amount of discounts applied; (B) a determination shall be made as to ed under section 303(b). (C) an assessment of methods (and the ap- whether, as a result of activities or behavior (2) BASIS.—The standardized methods used propriateness of those methods); inconsistent with the purposes of this title, a to determine and discount for uncertainty (D) an assessment of quantitative errors or significant deviation exists between the av- shall be based on— omissions (and the effect of the errors or erage annual greenhouse gas flux or carbon (A) the robustness and rigor of the meth- omissions on offsets); stock and the greenhouse gas flux or carbon ods used by a project developer to monitor (E) any potential conflicts of interest be- stock for a given year. and quantify changes in greenhouse gas tween a verifier and project developer; and (4) ADJUSTMENT FOR PROJECTS WITH SIGNIFI- fluxes or carbon stocks; (F) any other provision that the Adminis- CANT DEVIATION.—In the case of a significant (B) the robustness and rigor of methods trator considers to be necessary to achieve deviation, the Administrator shall adjust the used by a project developer to determine the purposes of this subtitle. additionality and leakage; and number of allowances awarded in order to ac- (3) VERIFIER ACCREDITATION.— (C) an exaggerated proportional discount count for the deviation. (A) IN GENERAL.—The regulations promul- EVELOPMENT OF MONITORING AND QUAN- (f) D that increases relative to uncertainty, as de- gated pursuant to section 302 shall establish TIFICATION TOOLS FOR OFFSET PROJECTS.— termined by the Administrator, in conjunc- a process and requirements for accreditation (1) IN GENERAL.—Subject to section 302, the tion with the Secretary of Agriculture, to by a third-party verifier that has no con- Administrator, in conjunction with the Sec- encourage better measurement and account- flicts of interest. retary of Agriculture, shall develop stand- ing. (B) PUBLIC ACCESSIBILITY.—Each verifier ardized tools for use in the monitoring and (i) ACQUISITION OF NEW DATA AND REVIEW meeting the requirements for accreditation quantification of changes in greenhouse gas OF METHODS FOR AGRICULTURAL AND FOR- in accordance with this paragraph shall be fluxes or carbon stocks for each offset ESTRY PROJECTS.—The Administrator, in listed in a publicly-accessible database, project type listed under section 303(b). conjunction with the Secretary of Agri- which shall be maintained and updated by (2) TOOL DEVELOPMENT.—The tools used to culture, shall— the Administrator. monitor and quantify changes in greenhouse (1) establish a comprehensive field sam- gas fluxes or carbon stocks shall, for each pling program to improve the scientific (c) REGISTRATION AND AWARDING OF OFF- project type, include applicable— bases on which the standardized tools and SETS.— (A) statistically-sound field and remote methods developed under this section are (1) IN GENERAL.—Not later than 90 days sensing sampling methods, procedures, tech- based; and after the date on which the Administrator niques, protocols, or programs; (2) review and revise the standardized tools receives a verification report required under (B) models, factors, equations, or look-up and methods developed under this section, subsection (b), the Administrator shall— tables; and based on— (A) determine whether the offsets satisfy (C) any other process or tool considered to (A) validation of existing methods, proto- the applicable requirements of this subtitle; be acceptable by the Administrator, in con- cols, procedures, techniques, factors, equa- and junction with the Secretary of Agriculture. tions, or models; (B) notify the project developer of that de- (g) DEVELOPMENT OF ACCOUNTING AND DIS- (B) development of new methods, proto- termination. COUNTING METHODS.— cols, procedures, techniques, factors, equa- (2) AFFIRMATIVE DETERMINATION.—In the (1) IN GENERAL.—The Administrator, in tions, or models; case of an affirmative determination under consultation with the Secretary of Agri- (C) increased availability of field data or paragraph (1), the Administrator shall— culture, shall— other datasets; and (A) register the offset allowances in ac- (A) develop standardized methods for use (D) any other information identified by the cordance with this subtitle; and in accounting for additionality and uncer- Administrator, in conjunction with the Sec- (B) issue the offset allowances.

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(3) APPEAL AND REVIEW.—The Adminis- offset projects and banked offset allowances (C) to prohibit the use of a species listed by trator shall establish mechanisms for the ap- that, as of the effective date of regulations a regional or State invasive plant council peal and review of determinations made promulgated under section 307(a), are reg- within the applicable region or State. under this subsection. istered under or meet the standards of the SEC. 311. PROGRAM REVIEW. SEC. 306. TRACKING OF REVERSALS FOR SEQUES- Climate Registry, the California Action Reg- Not later than 5 years after the date of en- TRATION PROJECTS. istry, the GHG Registry, the Chicago Cli- actment of this Act, and periodically there- (a) REVERSAL CERTIFICATION.— mate Exchange, the GHG Clean Projects after, the Administrator, in conjunction (1) IN GENERAL.—The regulations promul- Registry, or any other Federal, State, or pri- with the Secretary of Agriculture, shall re- gated pursuant to section 302 shall require vate reporting programs or registries, if the view and revise, as necessary to achieve the the submission of a reversal certification for Administrator determines that such other purposes of this Act, the regulations promul- each offset project on an annual basis fol- offset projects and banked offset allowances gated under this subtitle. lowing the registration of offset allowances. under those other programs or registries sat- Subtitle B—Offsets and Emission Allowances (2) REQUIREMENTS.—A reversal certifi- isfy the applicable requirements of this sub- From Other Countries cation submitted in accordance with this title. SEC. 321. OFFSET ALLOWANCES ORIGINATING subsection shall state— (2) EXCEPTION.—An offset allowance that is FROM PROJECTS IN OTHER COUN- (A) whether any unmitigated reversal re- expired, retired, or canceled under any other TRIES. lating to the offset project has occurred in offset program, registry, or market as of the (a) REGULATIONS.—Not later than 2 years the year preceding the year in which the cer- effective date of the governing regulations after the date of enactment of this Act, the tification is submitted; and described in section 307(a) shall be ineligible Administrator shall promulgate regulations (B) the quantity of each unmitigated rever- for transition into the Registry. establishing a system under which the Ad- sal. SEC. 309. OFFSET REGISTRY. ministrator shall register and issue offset al- (b) EFFECT ON OFFSET ALLOWANCES.— In addition to the requirements established lowances for projects that reduce greenhouse (1) INVALIDITY.—The Administrator shall by section 304, an offset allowance registered gas emissions or increase sequestration of declare invalid all offset allowances issued under this subtitle shall be accompanied in carbon dioxide in countries other than the for any offset project that has undergone a the Registry by— United States. (b) USE.— complete reversal. (1) a verification report submitted pursu- (1) IN GENERAL.—Subject to paragraph (3), (2) PARTIAL REVERSAL.—In the case of an ant to section 305(a); the quantity of offset allowances issued pur- offset project that has undergone a partial (2) a reversal certification submitted pur- suant to this section in a calendar year shall reversal, the Administrator shall render in- suant to section 306(a); and not exceed 5 percent of the quantity of emis- valid offset allowances issued for the offset (3) subject to the requirements of this sub- sion allowances established for that year project in direct proportion to the degree of title, any other information identified by the pursuant to section 201(a). reversal. Administrator as being necessary to achieve (2) USE OF INTERNATIONAL ALLOWANCES.— (c) ACCOUNTABILITY FOR REVERSALS.—Li- the purposes of this subtitle. (A) IN GENERAL.—If the quantity of offset ability and responsibility for compensation SEC. 310. ENVIRONMENTAL CONSIDERATIONS. allowances issued in a calendar year pursu- of a reversal of a registered offset allowance (1) COORDINATION TO MINIMIZE NEGATIVE EF- ant to this section is less than 5 percent of under subsection (a) shall lie with the owner FECTS.—In promulgating regulations under the quantity of emission allowances estab- of the offset allowance, as described in sec- this subtitle, the Administrator, in conjunc- lished for that year pursuant to section tion 302. tion with the Secretary of Agriculture, shall 201(a), the Administrator shall allow the use, OMPENSATION FOR REVERSALS.—The (d) C act (including by rejecting projects, if nec- by covered entities in that year, of inter- unmitigated reversal of 1 or more registered essary) to avoid or minimize, to the max- national allowances under section 322. offset allowances that were submitted for imum extent practicable, adverse effects on (B) MAXIMUM QUANTITY.—The maximum the purpose of compliance with section 202(a) human health or the environment resulting aggregate quantity of international allow- shall require the submission of— from the implementation of offset projects ances the use of which use the Administrator (1) an equal number of offset allowances; or under this subtitle. shall allow under subparagraph (A) shall be (2) a combination of offset allowances and (2) REPORT ON POSITIVE EFFECTS.—Not later equal to the difference between— emission allowances equal to the unmiti- than 2 years after the date of enactment of (i) 5 percent of the quantity of emission al- gated reversal. this Act, the Administrator, in conjunction lowances established for that year pursuant (e) PROJECT TERMINATION.—A project de- with the Secretary of Agriculture, shall sub- to section 201(a); and veloper may cease participation in the do- mit to Congress a report detailing— (ii) the quantity of domestic offset allow- mestic offset program established under this (A) the incentives, programs, or policies ances issued in that year pursuant to this subtitle at any time, on the condition that capable of fostering improvements to human section. any registered allowances awarded for in- health or the environment in conjunction (3) CARRY-OVER.— creases in sequestration have been com- with the implementation of offset projects (A) IN GENERAL.—If the sum of the quan- pensated for by the project developer under this subtitle; and tity of offset allowances issued in a calendar through the submission of an equal number (B) the cost and benefits of those incen- pursuant to this section and the quantity of of any combination of offset allowances and tives, programs, or policies. international allowances used in that cal- emission allowances. (3) COORDINATION TO ENHANCE ENVIRON- endar year pursuant to paragraph (2) is less SEC. 307. EXAMINATIONS. MENTAL BENEFITS.—In promulgating regula- than 5 percent of the quantity of emission al- (a) REGULATIONS.—The regulations promul- tions under this subtitle, the Administrator, lowances established for that year pursuant gated pursuant to section 302 shall govern in conjunction with the Secretary of Agri- to section 201(a), notwithstanding paragraph the examination and auditing of offset allow- culture and the Secretary of Interior, shall— (1), the quantity of offset allowances issued ances. (A) act to enhance and increase the adapt- pursuant to this section in the subsequent (b) REQUIREMENTS.—The governing regula- ive capability of natural systems and resil- calendar year shall not exceed the sum of— tions described in subsection (a) shall spe- ience of those systems to climate change, in- (i) 5 percent of the quantity of emission al- cifically consider— cluding through the support of biodiversity, lowances established for that subsequent cal- (1) principles for initiating and conducting native species, and land management prac- endar year pursuant to section 201(a); and examinations; tices that foster natural ecosystem condi- (ii) the difference between— (2) the type or scope of examinations, in- tions; and (I) 5 percent of the quantity of emission al- cluding— (B) coordinate actions taken under this lowances established for that year pursuant (A) reporting and recordkeeping; and paragraph, to the maximum extent prac- to section 201(a); and (B) site review or visitation; ticable, with existing programs that have (II) the sum of the quantity of offset allow- (3) the rights and privileges of an examined overlapping outcomes to maximize environ- ances issued in the preceding calendar year party; and mental benefits. pursuant to this section and the quantity of (4) the establishment of an appeal process. (4) USE OF NATIVE PLANT SPECIES IN COMPLI- international allowances used in that year SEC. 308. TIMING AND THE PROVISION OF OFF- ANCE OFFSET PROJECTS.—Not later than 18 pursuant to paragraph (2). SET ALLOWANCES. months after the date of enactment of this (c) REQUIREMENTS.—The regulations pro- (a) INITIATION OF OFFSET PROJECTS.—An Act, the Administrator, in conjunction with mulgated pursuant to subsection (a) shall— offset project that commences operation on the Secretary of Agriculture, shall promul- (1) take into consideration protocols adopt- or after the effective date of the governing gate regulations for the selection, use, and ed in accordance with the United Nations regulations described in section 307(a) shall storage of native and nonnative plant mate- Framework Convention on Climate Change, be eligible to generate offset allowances rials— done at New York on May 9, 1992; and under this subtitle if the offset project meets (A) to ensure native plant materials are (2) require that, in order to be approved for the other applicable requirements of this given primary consideration, in accordance use under this subtitle— subtitle. with applicable Department of Agriculture (A) a project shall be determined by the (b) PRE-EXISTING PROJECTS.— guidance for use of native plant materials; Administrator to meet the requirements (1) IN GENERAL.—The Administrator shall (B) to prohibit the use of Federal- or State- under the regulations established pursuant allow for the transition into the Registry of designated noxious weeds; and to subtitle A; and

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(B) the emission allowance shall not be (b) NITROUS OXIDE AND METHANE.—The Sec- the Administrator and scientific, agricul- provided for a project at facility that com- retary of Agriculture shall ensure that, dur- tural, and forestry experts, shall prepare and petes directly with a United States facility. ing any 5-year period, the average annual submit to Congress a report that describes (d) ENTITY CERTIFICATION.—The owner or percentage of the quantity of emission al- the status of research on agricultural and operator of a covered entity that submits an lowances established for a calendar year that forestry greenhouse gas management, in- offset allowance issued pursuant to this sec- is distributed to entities under the program cluding a description of— tion shall certify that the allowance has not established under subsection (a) specifically (1) research on soil carbon sequestration been retired from use in the registry of the for achieving real, verifiable, additional, per- and other agricultural and forestry green- applicable foreign country. manent, and enforceable reductions in ni- house gas management that has been carried SEC. 322. EMISSION ALLOWANCES FROM OTHER trous oxide emissions through soil manage- out; COUNTRIES. ment or achieving real, verifiable, addi- (2) any additional research that is nec- (a) REGULATIONS.—Not later than 2 years tional, permanent, and enforceable reduc- essary, including research into innovative after the date of enactment of this Act, the tions in methane emissions through enteric practices to attempt to measure— Administrator shall promulgate regulations, fermentation and manure management shall (A) greenhouse gas emission reductions; taking into consideration protocols adopted be 0.5 percent. (B) sequestration; or in accordance with the United Nations (c) NEW METHODOLOGY INCUBATOR.— (C) other benefits or associated costs; Framework Convention on Climate Change, (1) IN GENERAL.—The Secretary of Agri- (3) the proposed priority for additional re- done at New York on May 9, 1992, approving culture shall ensure that, during any 5-year search; the use in the United States of emission al- period, the average annual percentage of the (4) the most appropriate approaches for lowances issued by countries other than the quantity of emission allowances established conducting the additional research; and United States. for a calendar year that is distributed to en- (5) the extent to which and the manner in (b) REQUIREMENTS.—The regulations pro- tities under the program established under which allowances that are specific to agri- mulgated pursuant to subsection (a) shall re- paragraph (2) specifically for creating meth- cultural and forestry operations, including quire that, in order to be approved for use in odologies, tools, and support for the develop- harvested wood products and the reduction the United States— ment and deployment of new project types of hazardous fuels to reduce the risk of (1) an emission allowance shall have been shall be at least 0.25 percent. uncharacteristically severe wildfires, should issued by a foreign country pursuant to a (2) SUPPORT FOR INNOVATION.— be valued and allotted. governmental program that imposes manda- (A) ACQUISITION OF NEW DATA, IMPROVEMENT (b) RESEARCH.—After the date of submis- tory absolute tonnage limits on greenhouse OF METHODOLOGIES, AND DEVELOPMENT OF NEW sion of the report described in subsection (a), gas emissions from the foreign country, or 1 TOOLS FOR DESIGNATED OFFSET ACTIVITY CAT- the President and the Secretary of Agri- or more industry sectors in that country, EGORIES.—The Administrator, in conjunction culture (in collaboration with the Adminis- pursuant to protocols described in subsection with the Secretary of Agriculture, shall es- trator and the member institutions of higher (a); and tablish a comprehensive field sampling and education of the Consortium for Agricultural (2) the governmental program be of com- pilot project program to improve the sci- Soil Mitigation of Greenhouse Gases, institu- parable stringency to the program estab- entific data and calibration of standardized tions of higher education, and research enti- lished by this Act, including comparable tools and methodologies that— ties) shall initiate a program to conduct any monitoring, compliance, and enforcement. (i) are used to measure greenhouse gas re- additional research that is necessary. (c) FACILITY CERTIFICATION.—The owner or ductions or sequestration and baselines for TITLE IV—ESTABLISHING A GREENHOUSE operator of a covered entity that submits an categories of activities not covered by an GAS EMISSION ALLOWANCE TRADING international allowance under this subtitle emission limitation under this Act; and MARKET shall certify that the allowance has not been (ii) are likely to provide significant emis- Subtitle A—Trading retired from use in the registry of the appli- sion reductions or sequestration. cable foreign country. SEC. 401. SALE, EXCHANGE, AND RETIREMENT OF (B) TARGETED SUPPORT FOR DEVELOPMENT Subtitle C—Agriculture and Forestry ALLOWANCES. AND DEPLOYMENT OF NEW TECHNOLOGIES.— Except as otherwise provided in this Act, Program in the United States (i) IN GENERAL.—The Administrator shall and subject to the regulations promulgated SEC. 331. ALLOCATION. establish a program for development and de- pursuant to subtitle B, the lawful holder of (a) FIRST PERIOD.—Not later than 330 days ployment of new technologies and methods an allowance may, without restriction— before the beginning of each of calendar in greenhouse gas reductions or sequestra- (1) sell, exchange, or transfer the allow- years 2012 through 2030, the Administrator tion for activities not covered by an emis- ance; or shall allocate to the Secretary of Agri- sion limitation under this Act. (2) submit the allowance for compliance in culture, for the program established pursu- (ii) SELECTION; FUNDING.—In carrying out accordance with section 202. ant to section 332, 4.25 percent of the emis- the program under clause (i), the Adminis- SEC. 402. NO RESTRICTION ON TRANSACTIONS. sion allowances established pursuant to sec- trator shall— The privilege of purchasing, holding, sell- tion 201(a) for that calendar year. (I) select activities for participation in the ing, exchanging, and retiring allowances (b) SECOND PERIOD.—Not later than 330 program based on— days before the beginning of each of calendar shall not be restricted to the owners and op- (aa) the potential emission reductions or erators of covered entities. years 2031 through 2050, the Administrator sequestration of the activities; and shall allocate to the Secretary of Agri- SEC. 403. ALLOWANCE TRANSFER AND TRACKING (bb) a market penetration review; and SYSTEM. culture, for the program established pursu- (II) provide funding for a select number of ant to section 332, 4.5 percent of the emission (a) IN GENERAL.—Not later than 2 years projects— after the date of enactment of this Act, the allowances established pursuant to section (aa) to cover research on technological and 201(a) for that calendar year. Administrator shall promulgate regulations other barriers, prototypes, first-of-the-kind establishing a system for issuing, recording, SEC. 332. AGRICULTURE AND FORESTRY PRO- risk coverage, and initial market barriers; GRAM. transferring, and tracking allowances. and (b) REQUIREMENTS.—The regulations pro- (a) IN GENERAL.—Not later than 2 years (bb) under limited categories of activities mulgated pursuant to subsection (a) shall— after the date of enactment of this Act, the that are dependent on forward progress. Secretary of Agriculture shall promulgate (1) specify all necessary procedures and re- (d) REQUIREMENT.—The Secretary of Agri- quirements for an orderly and competitive regulations establishing a program for dis- culture shall distribute emission allowances tributing emission allowances allocated pur- functioning of the allowance trading system; under this section in a manner that— and suant to section 331 to entities in the agri- (1) maximizes the avoidance or reduction cultural and forestry sectors of the United (2) provide that the transfer of allowances of greenhouse gas emissions; and shall not be effective until such date as a States, including entities engaged in organic (2) ensures that entities participating in farming, as a reward for— written certification of the transfer, signed the program under this section do not re- by a responsible official of each party to the (1) achieving real, verifiable, additional, ceive more compensation for emission reduc- permanent, and enforceable reductions in transfer, is received and recorded by the Ad- tions under this program than the entities ministrator in accordance with the regula- greenhouse gas emissions from the oper- would receive for the same reductions ations of the entities; tions promulgated pursuant to subsection through an offset project under subtitle A. (a). (2) achieving real, verifiable, additional, (e) PROHIBITION.—Emission reductions or permanent, and enforceable increases in sequestration increases generating offset al- Subtitle B—Market Oversight and greenhouse gas sequestration on land owned lowances pursuant to subtitle A shall not be Enforcement or managed by the entities; and used the basis for a distribution of emission SEC. 411. FINDING. (3) conducting pilot projects or other re- allowances under this section. Congress finds that it is necessary to es- search regarding innovative practices for use SEC. 333. AGRICULTURAL AND FORESTRY GREEN- tablish an interagency working group to en- in measuring— HOUSE GAS MANAGEMENT RE- hance the integrity, efficiency, orderliness, (A) greenhouse gas emission reductions; SEARCH. fairness, and competitiveness of the develop- (B) sequestration; or (a) REPORT.—Not later than 1 year after ment by the United States of a new financial (C) other benefits and associated costs of the date of enactment of this Act, the Sec- market for emission allowances, including the pilot projects. retary of Agriculture, in consultation with by ensuring that—

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.096 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5063 (1) the market— (B) be designed to prevent excessive specu- ally thereafter, the Working Group shall sub- (A) is designed to prevent fraud and manip- lation that could cause sudden or unreason- mit to the President and Congress a report ulation, which could potentially arise from able fluctuations or unwarranted changes in describing— many sources, including— the price of emission allowances; and (A) the progress made by the Working (i) the concentration of market power (C) promote just and equitable principles Group; within the control of a limited number of in- of trade. (B) recommendations of the Working dividuals or entities; and (3) The need of market participants and Group regarding any regulations proposed (ii) the abuse of material, nonpublic infor- regulators for transparency shall be balanced pursuant to subsection (a); mation; and against legitimate business concerns con- (C) recommendations for additional legis- (B)(i) is appropriately transparent, with cerning the release of confidential, propri- lative action, if necessary; and real-time reporting of quotes and trades; etary information. (D) a timetable for the implementation of (ii) makes information on price, volume, (4) The market shall be subject to effective the new regulations to ensure that the regu- and supply, and other important statistical and comprehensive oversight, which inte- lations take effect before the effective date information, available to the public on fair, grates strong enforcement mechanisms, in- of regulations governing the emission allow- reasonable, and nondiscriminatory terms; cluding mechanisms for cooperation with ance trading system. (iii) is subject to appropriate record- other national and international oversight (4) MEMORANDA OF UNDERSTANDING.—Not keeping and reporting requirements regard- regimes. later than 270 days after the date of enact- ing transactions; and (5) There shall be an appropriate inter- ment of this Act, the Administrator shall (iv) has the confidence of investors; agency forum— enter into a memorandum of understanding (2) the market— (A) for ongoing assessment of emerging with the head of each appropriate Federal (A) functions smoothly and efficiently, regulatory matters and information sharing; entity (including each appropriate Federal generating prices that accurately reflect and entity represented by a member of the Work- supply and demand for emission allowances; (B) to ensure regulatory coordination of ing Group, as applicable) relating to regu- and the market. latory and enforcement coordination, infor- (B) promotes just and equitable principles (6) The market shall establish an equitable mation sharing, and other related matters to of trade; system for best execution of customer or- minimize duplicative or conflicting regu- (3) the need of market participants and ders. latory efforts. regulators for transparency is balanced (7) The market shall protect investors and (5) REGULATIONS.—Not later than 270 days against legitimate business concerns regard- the public interest. after the date of enactment of this Act, the ing the release of confidential, proprietary (b) ESTABLISHMENT.—There is established heads of other appropriate Federal entities information; an interagency working group, to be known to which the President has delegated regu- as the ‘‘Carbon Markets Working Group’’ (re- (4) the market is subject to effective and latory authority under subsection (a) shall ferred to in this section as the ‘‘Working comprehensive oversight and integrates promulgate regulations in accordance with Group’’). strong enforcement mechanisms, including subsection (a). (c) MEMBERSHIP.—The Working Group shall mechanisms for cooperation with other na- (e) AUTHORITIES.—In promulgating and im- be composed of the following members (or plementing regulations pursuant to this sec- tional and international oversight regimes; their designees): (5) an appropriate interagency forum ex- tion, the promulgating Federal agencies (1) The Administrator, who shall serve as shall have authorities equivalent to the au- ists— Chairperson of the Working Group. (A) for ongoing assessment of emerging thorities of those agencies under existing (2) The Secretary of the Treasury. law. regulatory matters and information-sharing; (3) The Chairman of the Securities and Ex- (f) ENFORCEMENT.—Regulations promul- and change Commission. gated under this section shall— (B) to ensure regulatory coordination of (4) The Chairman of the Commodity Fu- (1) be fully enforceable and subject to such the market; tures Trading Commission. fines and penalties as are provided under the (6) the market establishes an equitable sys- (5) The Chairman of the Federal Energy laws (including regulations) administered by tem for best execution of customer orders; Regulatory Commission. the Federal agency that promulgated the and (6) Such other Executive branch officials regulations under this section; and (7) the market protects investors and the as may be appointed by the President. (2) for the purpose of enforcement, in ac- public interest. (d) DUTIES.— cordance with section 1722, be considered to SEC. 412. CARBON MARKET OVERSIGHT AND REG- (1) IDENTIFICATION OF ISSUES AND APPRO- have been promulgated pursuant to this Act. ULATION. PRIATE ACTIVITIES.— (g) ADMINISTRATION.— (a) DELEGATION OF AUTHORITY BY PRESI- (A) IN GENERAL.—The Working Group shall (1) INFORMATION FROM FEDERAL AGENCIES.— DENT.—The President, taking into consider- identify— (A) IN GENERAL.—The Working Group may ation the recommendations of the Working (i) the major issues relating to the integ- secure directly from any Federal agency Group established by subsection (b), shall rity, efficiency, orderliness, fairness, and such information as the Working Group con- delegate to members of the Working Group competitiveness of the development by the siders necessary to carry out this section. and the heads of other appropriate Federal United States of a new financial market for (B) PROVISION OF INFORMATION.—On request entities the authority to promulgate regula- emission allowances under the cap-and-trade of the Chairperson of the Working Group, the tions to enhance the integrity, efficiency, or- system for emission allowances established head of the agency shall provide the informa- derliness, fairness, and competitiveness of under this Act; tion to the Working Group. the development by the United States of a (ii) any relevant recommendations pro- (2) COMPENSATION OF MEMBERS.—A member new financial market for emission allow- vided to the Working Group by Federal, of the Working Group who is an officer or ances, based on the following core principles: State, or local governments, organizations, employee of the Federal Government shall (1) The market shall— individuals, and entities; and serve without compensation in addition to (A) be designed to prevent fraud and ma- (iii) the activities, such as market regula- the compensation received for the services of nipulation relating to the trading of emis- tion, policy coordination, and contingency the member as an officer or employee of the sion allowances and related markets, which planning, that are appropriate to carry out Federal Government. could potentially arise from many sources, those recommendations. (3) ADMINISTRATOR SUPPORT.—To the ex- including— (B) CONSULTATION.—In identifying appro- tent permitted by law and subject to the (i) the concentration of market power priate activities under subparagraph (A)(iii), availability of appropriations, the Adminis- within the control of a limited number of in- the Working Group shall consult with rep- trator shall provide to the Working Group dividuals or entities; and resentatives of, as appropriate— such administrative and support services as (ii) the abuse of material, nonpublic infor- (i) various information exchanges and are necessary to assist the Working Group in mation; clearinghouses; carrying out the duties described in sub- (B)(i) be appropriately transparent, with (ii) self-regulatory entities, securities ex- section (d). real-time reporting of quotes and trades; and changes, transfer agents, and clearing enti- (h) EFFECT OF SECTION.—Nothing in this (ii) make information on price, volume, ties; section limits or restricts any regulatory or and supply, and other important statistical (iii) participants in the emission allowance enforcement authority of a Federal entity as information available to the public on fair, trading market; and in effect on the date of enactment of this reasonable, and nondiscriminatory terms; (iv) other Federal entities, including— Act. (C) be subject to appropriate recordkeeping (I) the Federal Reserve; and (i) AUTHORIZATION OF APPROPRIATIONS.— and reporting requirements regarding trans- (II) the Federal Trade Commission. There are authorized to be appropriated such actions; and (2) STUDY.—The Working Group shall con- sums as are necessary to carry out this sec- (D) have the confidence of investors. duct a study of the major issues relating to tion. (2) The market shall— the regulation of the emission allowance Subtitle C—Carbon Market Efficiency Board (A) function smoothly and efficiently, gen- trading market and other carbon markets. SEC. 421. ESTABLISHMENT. erating prices that accurately reflect supply (3) REPORT.—Not later than 270 days after There is established a board, to be known and demand for emission allowances; the date of enactment of this Act, and annu- as the ‘‘Carbon Market Efficiency Board’’.

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.096 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5064 CONGRESSIONAL RECORD — SENATE June 4, 2008 SEC. 422. COMPOSITION AND ADMINISTRATION. (i) shall not affect the powers of the Board; (iii) where practicable, investment re- (a) MEMBERSHIP.— and sponses to the market; (1) COMPOSITION.—The Board shall be com- (ii) shall be filled in the same manner as (iv) any corrective measures that Congress posed of— the original appointment was made. should take to relieve excessive net costs of (A) 7 members who are citizens of the (B) SERVICE UNTIL NEW APPOINTMENT.—A the market; and United States, to be appointed by the Presi- member of the Board the term of whom has (v) plans to compensate for any such meas- dent, by and with the advice and consent of expired or otherwise been terminated shall ures, to ensure that the long-term emissions the Senate; and continue to serve until the date on which a reduction goals of this Act are achieved; (B) an advisor who is a scientist with ex- replacement is appointed under subpara- (B) that are timely and succinct, to ensure pertise in climate change and the effects of graph (A)(ii), if the President determines regular monitoring of market trends; and climate change on the environment, to be that service to be appropriate. (C) that are prepared independently by the appointed by the President, by and with the (c) CHAIRPERSON AND VICE CHAIRPERSON.— Board. Of members of the Board, the President shall advice and consent of the Senate. Subtitle D—Climate Change Technology appoint— (2) REQUIREMENTS.—In appointing members Board (1) 1 member to serve as Chairperson of the of the Board under paragraph (1), the Presi- SEC. 431. ESTABLISHMENT. dent shall— Board for a term of 4 years; and There is established, as an agency of the (A) ensure fair representation of the finan- (2) 1 member to serve as Vice-Chairperson Federal Government, the Climate Change cial, agricultural, industrial, and commer- of the Board for a term of 4 years. (d) MEETINGS.— Technology Board. cial sectors, and the geographical regions, of (1) INITIAL MEETING.—The Board shall hold the United States, and include a representa- SEC. 432. PURPOSE. the initial meeting of the Board as soon as tive of consumer interests; The purpose of the board established by practicable after the date on which all mem- (B) appoint not more than 1 member from section 431 is to advance the purposes of this bers have been appointed to the Board under each such geographical region; and Act by using the funds made available to the subsection (a)(1). (C) ensure that not more than 4 members board under titles VIII through XI to accel- (2) PRESIDING OFFICER.—A meeting of the of the Board serving at any time are affili- erate the commercialization and diffusion of Board shall be presided over by— ated with the same political party. low- and zero-carbon technologies and prac- (A) the Chairperson; (3) COMPENSATION.— tices. (B) in any case in which the Chairperson is (A) IN GENERAL.—A member of the Board SEC. 433. INDEPENDENCE. absent, the Vice-Chairperson; or shall be compensated at a rate equal to the The board established by section 431 shall (C) in any case in which the Chairperson daily equivalent of the annual rate of basic have the authority to distribute funds made and Vice-Chairperson are absent, a chair- pay prescribed for level II of the Executive available to the board under this Act. person pro tempore, to be elected by the Schedule under section 5313 of title 5, United members of the Board. SEC. 434. ADVANCE NOTIFICATION OF DISTRIBU- States Code, for each day (including travel TIONS OF FUNDS. (3) QUORUM.—Four members of the Board time) during which the member is engaged in Not less than 60 days before distributing shall constitute a quorum for a meeting of the performance of the duties of the Board. any funds made available under this Act to the Board. (B) CHAIRPERSON.—The Chairperson of the the board established by section 431, the (4) OPEN MEETINGS.—The Board shall be Board shall be compensated at a rate equal board shall— subject to section 552b of title 5, United to the daily equivalent of the annual rate of (1) publish in the Federal Register a de- States Code (commonly known as the ‘‘Gov- basic pay prescribed for level I of the Execu- tailed notification of the distribution; and ernment in the Sunshine Act’’). tive Schedule under section 5312 of title 5, (2) provide a detailed notification of the (e) RECORDS.—The Board shall be subject United States Code, for each day (including to section 552 of title 5, United States Code distribution to— travel time) during which the member is en- (commonly known as the ‘‘Freedom of Infor- (A) the President; gaged in the performance of the duties of the mation Act’’). (B) in the Senate— Board. (f) REVIEW BY GOVERNMENT ACCOUNT- (i) the Committee on Appropriations; (4) PROHIBITIONS.— ABILITY OFFICE.—Not later than January 1, (ii) the Committee on Banking, Housing, (A) CONFLICTS OF INTEREST.—An individual 2013, and annually thereafter, the Comp- and Urban Affairs; employed by, or holding any official rela- troller General of the United States shall (iii) the Committee on Budget; tionship (including any shareholder) with, conduct a review of the efficacy of the Board (iv) the Committee on Commerce, Science, any entity engaged in the generation, trans- in fulfilling the purposes and duties of the and Transportation; mission, distribution, or sale of energy, an Board under this subtitle. (v) the Committee on Energy and Natural individual who has any pecuniary interest in SEC. 423. DUTIES. Resources; the generation, transmission, distribution, The Board shall— (vi) the Committee on Environment and or sale of energy, or an individual who has a (1) gather such information as the Board Public Works; pecuniary interest in the implementation of determines to be appropriate regarding the (vii) the Committee on Finance; this Act, shall not be appointed to the Board status of the allowance market established (viii) the Committee on Homeland Secu- under this subsection. pursuant to this Act, including information rity and Governmental Affairs; and (B) NO OTHER EMPLOYMENT.—A member of relating to— (ix) the Committee on Small Business and the Board shall not hold any other employ- (A) allowance allocation and availability; Entrepreneurship; ment during the term of service of the mem- (B) the price of allowances; (C) in the House of Representatives— ber. (C) macro- and micro-economic effects of (i) the Committee on Appropriations; (b) TERM; VACANCIES.— unexpected significant increases and de- (ii) the Committee on Budget; (1) TERM.— creases in allowance prices, or shifts in the (iii) the Committee on Energy and Com- (A) IN GENERAL.—The term of a member of allowance market, should those increases, merce; the Board shall be 14 years, except that the decreases, or shifts occur; (iv) the Committee on Natural Resources; members first appointed to the Board shall (D) the success of the market in promoting (v) the Committee on Oversight and Gov- be appointed for terms in a manner that en- achievement of the purposes of this Act; ernment Reform; sures that— (E) economic effect thresholds that could (vi) the Committee on Science and Tech- (i) the term of not more than 1 member warrant implementation of 1 or more cost re- nology; shall expire during any 2-year period; and lief measures described in section 521(a); (vii) the Committee on Small Business; (ii) no member serves a term of more than (F) in the event any cost relief measure de- (viii) the Committee on Transportation 14 years. scribed in section 521(a) is implemented, the and Infrastructure; (B) OATH OF OFFICE.—A member shall take effects of the measure on the market; and (ix) the Committee on Ways and Means; the oath of office of the Board by not later (G) the minimum levels of cost relief meas- and than 15 days after the date on which the ures that are necessary to achieve avoidance (x) the Select Committee on Energy Inde- member is appointed under subsection (a)(1). of economic harm and ensure achievement of pendence and Global Warming; and (C) REMOVAL.— the purposes of this Act; (D) the Joint Economic Committee and (i) IN GENERAL.—A member may be re- (2) employ cost relief measures in accord- Joint Committee on Taxation of Congress. moved from the Board on determination of ance with section 521; and SEC. 435. CONGRESSIONAL OVERSIGHT OF the President for cause. (3) submit to the President and the Con- BOARD EXPENDITURES. (ii) NOTIFICATION.—Not later than 30 days gress, and publish on the Internet, quarterly (a) DISAPPROVAL.—An obligation of funds before removing a member from the Board reports— for which a notification is submitted under for cause under clause (i), the President shall (A) describing— section 434 shall not occur if Congress enacts provide to Congress an advance notification (i) the status of the allowance market es- legislation disapproving the obligation of of the determination by the President to re- tablished under this Act; funds by not later than 30 days after the date move the member. (ii) regional, industrial, and consumer re- of receipt of the notification. (2) VACANCIES.— sponses to the market and the economic (b) REPORTS.—Not later than 90 days after (A) IN GENERAL.—A vacancy on the Board— costs and benefits of the market; the end of each of calendar years 2012

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.096 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5065 through 2050, the board established by sec- TITLE V—FEDERAL PROGRAM TO (1) allow the cost relief measure to be used tion 431 shall submit to each committee of PREVENT ECONOMIC HARDSHIP only during the applicable allocation year; Congress identified in section 434 a report de- Subtitle A—Banking (2) exercise the cost relief measure incre- scribing, with respect to that calendar mentally, and only as needed to avoid sig- year— SEC. 501. EFFECT OF TIME. nificant economic harm during the applica- (1) the actual amounts obligated during The passage of time shall not, by itself, ble allocation year; that year; cause an allowance to be retired or otherwise (3) specify the terms of the relief to be (2) the purposes for which the amounts diminish the compliance value of the allow- achieved using the cost relief measure; were obligated; and ance. (4) in accordance with section 423, submit (3) the balance, if any, of the amounts Subtitle B—Borrowing to the President and Congress a report de- that— SEC. 511. REGULATIONS. scribing the actions carried out by the (A) were obligated during that year; but (a) IN GENERAL.—Not later than 2 years Board; and (B) remain unexpended as of the date of after the date of enactment of this Act, the (5) evaluate, at the end of the applicable submission of the report. Administrator shall promulgate regulations allocation year, actions that need to be car- SEC. 436. REQUIREMENTS. under which, subject to subsection (b), the ried out during subsequent years to com- (a) COMPOSITION.—The board established by owner or operator of a covered entity may— pensate for any cost relief measure carried section 431 shall be composed of 5 directors (1) borrow emission allowances from the out during the applicable allocation year. who are citizens of the United States, of Administrator; and (c) LIMITATIONS.—Nothing in this section whom 1 shall be elected annually by the (2) for a calendar year, submit borrowed gives the Board the authority— board to serve as Chairperson. emission allowances to the Administrator in (1) to consider or prescribe entity-level pe- (b) POLITICAL AFFILIATION.—Not more than satisfaction of up to 15 percent of the compli- titions for relief from the costs of an emis- 3 directors serving on the board at any time ance obligation under section 202. sion allowance allocation or trading program may be affiliated with the same political (b) LIMITATION.—An emission allowance established under Federal law; party. borrowed under subsection (a) shall be an (2) to carry out any investigative or puni- (c) APPOINTMENT AND TERM.—Each director emission allowance established by the Ad- tive process under the jurisdiction of any shall be appointed by the President, by and ministrator for a specific future calendar Federal or State court; with the advice and consent of the Senate, year pursuant to section 201(a). (3) to interfere with, modify, or adjust any for a term of 5 years. emission allowance allocation scheme estab- SEC. 512. TERM. (d) QUORUM.—Three directors shall con- lished under Federal law; or The owner or operator of a covered entity stitute a quorum for a meeting of the board. (4) to modify the total quantity of emis- shall not submit, and the Administrator (e) PROHIBITIONS.— sion allowances issued under this Act for the shall not accept, a borrowed emission allow- (1) CONFLICTS OF INTEREST.—No individual period of calendar years 2012 through 2050. employed by, or holding any official rela- ance in partial satisfaction of the compli- ance obligation under section 202 for any cal- SEC. 522. COST-CONTAINMENT AUCTIONS. tionship with (including as a shareholder), (a) IN GENERAL.—In December of each of any entity engaged in the sector in which endar year that is more than 5 years earlier than the calendar year included in the iden- calendar years 2012 through 2027, the Admin- businesses receive distributions of funds by istrator shall conduct a cost-containment the board, and no individual who has a pecu- tification number of the borrowed emission allowance. auction of emission allowances that shall be niary interest in the implementation of this separate from other auctions of emission al- Act, shall be appointed director. SEC. 513. REPAYMENT WITH INTEREST. lowances conducted by the Administrator (2) NO OTHER EMPLOYMENT.—A director For each borrowed emission allowance sub- under this Act. shall not hold any other employment during mitted in partial satisfaction of the compli- (b) RESTRICTION TO COVERED ENTITIES.—In the term of service of the director. ance obligation under section 202 for a par- any calendar year referred to in subsection (f) VACANCIES.— ticular calendar year (referred to in this sec- (a), only covered entities that were required (1) IN GENERAL.—A vacancy on the board— tion as the ‘‘use year’’), the quantity of under section 202 to submit emission allow- (A) shall not affect the powers of the emission allowances that the owner or oper- ances for the preceding calendar year shall board, subject to the condition that the ator is required to submit under section 202 be eligible to purchase emission allowances board has a sufficient number of directors to for the year from which the borrowed emis- at the cost-containment auction under that establish a quorum; and sion allowance was taken (referred to in this subsection. (B) shall be filled in the same manner as section as the ‘‘source year’’) shall be equal (c) USE OF EMISSION ALLOWANCES PUR- the original appointment was made. to 1.1 raised by an exponent equal to the dif- CHASED AT A COST-CONTAINMENT AUCTION.— (2) SERVICE UNTIL NEW APPOINTMENT.—A di- ference between the source year and the use An emission allowance purchased at a cost- rector whose term has expired or who has year expressed as a positive whole number. containment auction shall— been removed from the board shall continue Subtitle C—Emergency Off-Ramps (1) be submitted by the purchaser for com- to serve until the date on which a replace- SEC. 521. EMERGENCY OFF-RAMPS TRIGGERED pliance under section 202 not later than 1 ment is appointed, if the President deter- BY BOARD. calendar year after the date of purchase of mines that service to be appropriate. (a) POWERS OF BOARD.—The Board may the emission allowance; and (g) REMOVAL.— carry out 1 or more of the following cost re- (2) otherwise be valid for compliance under (1) IN GENERAL.—A director may be re- lief measures to ensure functioning, stable, that section irrespective of the year for moved from the board for cause, on deter- and efficient markets for emission allow- which the emission allowance was estab- mination of the President. ances: lished by the Administrator. (2) NOTIFICATION.—Not later than 30 days (1) Increase the quantity of emission allow- SEC. 523. COST-CONTAINMENT AUCTION PRICE. before removing a director for cause under ances that covered entities may borrow from (a) IN GENERAL.—At each cost-containment paragraph (1), the President shall provide to the Administrator. auction, the Administrator shall offer emis- the Congress an advance notification of the (2) Expand the period during which a cov- sion allowances for sale beginning at a min- determination by the President to remove ered entity may repay the Administrator for imum price, which shall be known as the the director. an emission allowance borrowed under para- ‘‘cost-containment auction price’’. SEC. 437. REVIEWS AND AUDITS BY COMP- graph (1). (b) COST-CONTAINMENT AUCTION PRICE IN TROLLER GENERAL. (3) Increase the quantity of emission allow- 2012.— The Comptroller General of the United ances obtained on a foreign greenhouse gas (1) IN GENERAL.—The cost-containment States shall conduct periodic reviews and au- emission trading market that the owner or auction price for the cost-containment auc- dits of the efficacy of the distributions of operator of any covered entity may use to tion that takes place in December 2012 shall funds made by the board established by sec- satisfy the allowance submission require- be the price established under paragraph (2). tion 431. ment of the covered entity under section 201, (2) INITIAL COST-CONTAINMENT AUCTION Subtitle E—Auction on Consignment on the condition that the Administrator has PRICE.— SEC. 441. REGULATIONS. certified the market in accordance with the (A) PRESIDENTIAL DETERMINATION.—Not Not later than 2 years after the date of en- regulations promulgated pursuant to section later than 2 years after the date of enact- actment of this Act, the Administrator shall 322. ment of this Act, the President shall estab- promulgate regulations under which the Ad- (4) Increase the quantity of offset allow- lish the cost-containment auction price for ministrator shall, at the request of a recipi- ances generated in accordance with section calendar year 2012 from within the range ent of a distribution of emission allowances 303 that the owner or operator of any covered specified in subparagraph (B), the cost-con- under this Act— entity may use to satisfy the total allowance tainment auction price for calendar year (1) include those emission allowances submission requirement of the covered enti- 2012. among the quantity of emission allowances ty under section 201. (B) RANGE.—The cost-containment auction sold by the Administrator at regular auction (b) SUBSEQUENT ACTIONS.—On determina- price per emission allowance for December under this Act; and tion by the Board to carry out a cost relief 2012 shall be— (2) transfer the proceeds of the sale of measure pursuant to subsection (a), the (i) not less than $22; and those allowances to the recipient. Board shall— (ii) not more than $30.

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(C) ECONOMIC MODELING.—The President sold at a regular auction because of the oper- 10 years subsequent to the calendar year dur- shall establish the cost-containment auction ation of the regular auction reserve price. ing which the impending cost-containment price under this paragraph based on eco- SEC. 526. LIMIT ON THE QUANTITY OF EMISSION auction will occur. nomic computer modeling relating to this ALLOWANCES SOLD AT ANY COST- SEC. 529. DISCONTINUING THE ANNUAL COST- Act conducted by— CONTAINMENT AUCTION. CONTAINMENT AUCTIONS. (i) the Administrator; and (a) IN GENERAL.—At each cost-containment (a) IN GENERAL.—Notwithstanding section (ii) the Administrator of the Energy Infor- auction, there shall be a limit on the quan- 521(a), if the cost-containment auction pool mation Administration. tity of emission allowances that the Admin- is exhausted at a cost-containment auction, (D) PUBLIC INPUT.—The Administrator and istrator may sell at the auction. the Administrator shall conduct no further the Administrator of the Energy Information (b) COST-CONTAINMENT AUCTION LIMIT IN cost-containment auctions. Administration shall provide public notice 2012.—At the cost-containment auction that (b) RETIREMENT OF EMISSION ALLOWANCES of, and an opportunity to comment on, the takes place during December 2012, the cost- NOT SOLD AT REGULAR AUCTIONS OCCURRING computer models, assumptions, and proto- containment auction limit described in sub- AFTER FINAL COST-CONTAINMENT AUCTION.— cols planned to be used in modeling relating section (a) shall be 450,000,000 emission allow- Immediately following any regular auction to this Act under subparagraph (C). ances. that occurs after the Administrator has con- (c) COST-CONTAINMENT AUCTION PRICE IN (c) COST-CONTAINMENT AUCTION LIMIT IN ducted a final cost-containment auction, the SUBSEQUENT YEARS.—At the cost-contain- SUBSEQUENT YEARS.—At the cost-contain- Administrator shall retire any emission al- ment auction for each of calendar years 2013 ment auction during each of calendar years lowances not sold at that regular auction be- through 2027, the cost-containment auction 2013 through 2027, the cost-containment auc- cause of the operation of the regular auction price per emission allowance shall be equal tion limit described in subsection (a) shall be reserve price. to the product obtained by multiplying— the product obtained by multiplying— (1) the cost-containment auction limit that Subtitle D—Transition Assistance for (1) the cost-containment auction price that Workers applied to the cost-containment auction that applied to the cost-containment auction that SEC. 531. ESTABLISHMENT. was conducted during the preceding calendar took place during the preceding calendar There is established in the Treasury a year; and year; and fund, to be known as the ‘‘Climate Change (2) the sum of— (2) 0.99. Worker Training and Assistance Fund.’’ (A) the annual rate of United States dollar (d) PER-ENTITY PURCHASE LIMIT.— inflation for the calendar year (as measured (1) IN GENERAL.—Subject to paragraph (2), SEC. 532. AUCTIONS. by the Consumer Price Index); and the Administrator shall, by regulation, es- (a) IN GENERAL.—In accordance with sub- (B) 1.05. tablish for each cost-containment auction a sections (b) and (c), to raise funds for deposit limitation on the number of emission allow- in the Climate Change Worker Training and SEC. 524. REGULAR AUCTION RESERVE PRICE. ances that any single entity may purchase at Assistance Fund, for each of calendar years (a) IN GENERAL.—At any regular auction, the cost-containment auction. 2012 through 2050, the Administrator shall— there shall be a regular auction reserve price (2) REQUIREMENT.—A limitation under (1) auction a quantity of the emission al- below which the Administrator shall not sell paragraph (1) shall be established at a quan- lowances established pursuant to section any emission allowance. tity that ensures fair access to emission al- 201(a) for each calendar year; and (b) REGULAR AUCTION RESERVE PRICE IN lowances by all covered entities that are eli- (2) immediately upon receipt of the auc- 2012.—At any regular auction that takes gible to purchase emission allowances at the tion proceeds, deposit the auction proceeds place during calendar year 2012, the regular cost-containment auction. in the Climate Change Worker Training and auction reserve price per emission allowance SEC. 527. USING THE PROCEEDS OF THE ANNUAL Assistance Fund. shall be $10. COST-CONTAINMENT AUCTIONS. (b) NUMBER; FREQUENCY.—For each cal- (c) REGULAR AUCTION RESERVE PRICE IN (a) ACHIEVING ADDITIONAL EMISSION REDUC- endar year during the period described in SUBSEQUENT YEARS.—For each of calendar TIONS FROM UN-CAPPED SOURCES.— subsection (a), the Administrator shall— years 2013 through 2027, the regular auction (1) IN GENERAL.—The Administrator shall (1) conduct not fewer than 4 auctions; and reserve price at any regular auction that use 70 percent of the proceeds from each (2) schedule the auctions in a manner to takes place during the calendar year shall be cost-containment auction to achieve addi- ensure that— equal to the product obtained by multi- tional greenhouse gas emission reductions (A) each auction takes place during the pe- plying— from entities that are not subject to the riod beginning 330 days before, and ending 60 (1) the regular auction reserve price that compliance obligation under section 202. days before, the beginning of each calendar applied to each regular auction conducted (2) REGULATIONS.—Not later than 2 years year; and during the preceding calendar year; and after the date of enactment of this Act, the (B) the interval between each auction is of (2) the sum of— Administrator shall promulgate regulations equal duration. (A) the annual rate of United States dollar to implement this subsection. (c) QUANTITIES OF EMISSION ALLOWANCES inflation for the calendar year (as measured (b) PROVIDING ADDITIONAL RELIEF TO EN- AUCTIONED.—For each calendar year of the by the Consumer Price Index); and ERGY CONSUMERS.—The Administrator shall period described in subsection (a), the Ad- (B) 1.05. deposit 30 percent of the proceeds from each ministrator shall auction a quantity of emis- SEC. 525. POOL OF EMISSION ALLOWANCES FOR cost-containment auction in the Climate sion allowances in accordance with the ap- THE COST-CONTAINMENT AUCTIONS. Change Consumer Assistance Fund estab- plicable percentages described in the fol- (a) IN GENERAL.—Not later than 2 years lished by section 581. lowing table: after the date of enactment of this Act, the SEC. 528. RETURNING EMISSION ALLOWANCES Administrator shall establish a cost-contain- NOT SOLD AT THE ANNUAL COST- ment auction pool to reserve the emission al- Percentage for CONTAINMENT AUCTIONS. auction for Cli- lowances that shall be offered for sale at the (a) ORDER OF SALE OF EMISSION ALLOW- mate Change annual cost-containment auctions. ANCES IN COST-CONTAINMENT AUCTION POOL.— Calendar Year Worker Training (b) FILLING THE COST-CONTAINMENT AUC- The Administrator shall not sell at a cost- and Assistance TION POOL.— containment auction an emission allowance Fund (1) IN GENERAL.—Notwithstanding section reserved pursuant to section 525(b) from the 201(a), the Administrator shall, not later quantity of emission allowances established 2012 ...... 1 than 2 years after the date of enactment of for a particular calendar year until such 2013 ...... 1 this Act, reserve a total of 6,000,000,000 of the time as the Administrator has sold all emis- 2014 ...... 1 emission allowances established for the pe- sion allowances reserved from the quantity 2015 ...... 1 riod of calendar years 2030 through 2050 pur- of emission allowances established for ear- 2016 ...... 1 suant to that section and transfer the emis- lier calendar years. 2017 ...... 1 sion allowances to the cost-containment auc- (b) RETURN OF UNSOLD EMISSION ALLOW- 2018 ...... 2 tion pool. ANCES IN THE COST-CONTAINMENT AUCTION 2019 ...... 2 (2) GRADUATED REMOVAL.—For each of cal- POOL.—Immediately prior to the cost-con- 2020 ...... 2 endar years 2031 through 2050, the quantity tainment auction during each of calendar 2021 ...... 2 of emission allowances reserved pursuant to years 2022 through 2027, the Administrator 2022 ...... 2 paragraph (1) from the quantity established shall remove from the cost-containment auc- 2023 ...... 2 for that year pursuant to section 201(a) shall tion pool, and make subject again to alloca- 2024 ...... 2 be greater, by a percentage that remains tion or sale at regular auction in accordance 2025 ...... 2 constant from calendar year to calendar with this Act, each emission allowance 2026 ...... 2 year, than the quantity reserved from the that— 2027 ...... 2 preceding year. (1) has, by that time, remained in the cost- 2028 ...... 3 (c) SUPPLEMENTING THE COST-CONTAINMENT containment auction pool for more than 9 2029 ...... 3 AUCTION POOL.—The Administrator shall years; and 2030 ...... 3 transfer to the cost-containment auction (2) was established pursuant to section 2031 ...... 4 pool each emission allowance that was not 201(a) for a calendar year that is fewer than 2032 ...... 4

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Percentage for (3) OFFICE.—The term ‘‘Office’’ means the (3) PRINCIPAL FUNCTIONS.—The principal auction for Cli- Office of Climate Change Adjustment Assist- functions of the Deputy Assistant Secretary ance established by subsection (e). shall be— Calendar Year mate Change Worker Training (4) PROGRAM.—The term ‘‘Program’’ means (A) to oversee and implement the adminis- and Assistance the Climate Change Worker Adjustment As- tration of the Program; and Fund sistance Program established under regula- (B) to carry out functions delegated to and tions promulgated under subsection (c). by the Secretary under this section. 2033 ...... 4 (5) SECRETARY.—The term ‘‘Secretary’’ (f) PROGRAM ADMINISTRATION.— 2034 ...... 4 means the Secretary of Labor. (1) IN GENERAL.—Not later than 1 year after 2035 ...... 4 (c) ESTABLISHMENT.—Not later than 180 the date of enactment of this Act, the Sec- 2036 ...... 4 days after the date of enactment of this Act, retary shall promulgate regulations for ad- 2037 ...... 4 the Secretary, in consultation with the Ad- ministration of the Program. 2038 ...... 4 ministrator, the Secretary of Energy, and (2) COORDINATION.—The Secretary shall de- 2039 ...... 3 the Secretary of Commerce, shall promul- velop the regulations in consultation with— 2040 ...... 3 gate regulations to establish a Climate (A) the MASC; 2041 ...... 3 Change Worker Adjustment Assistance Pro- (B) the Committee on Ways and Means of 2042 ...... 3 gram to achieve the purpose of this section. the House of Representatives; 2043 ...... 3 (d) MULTI-AGENCY STEERING COMMITTEE.— (C) the Committee on Education and Labor 2044 ...... 3 (1) IN GENERAL.—The Secretary shall estab- of the House of Representatives; 2045 ...... 3 lish a Multi-Agency Steering Committee. (D) the Committee on Finance of the Sen- 2046 ...... 3 (2) COMPOSITION.—The MASC shall be— ate; and 2047 ...... 3 (A) composed of representatives of the Sec- (E) the Committee on Health, Education, 2048 ...... 3 retary, the Secretary of Commerce, and the Labor, and Pensions of the Senate. 2049 ...... 3 Secretary of Energy; and (3) INCLUSIONS.—The regulations shall in- 2050 ...... 3. (B) chaired by the Administrator. clude definitions of and procedures for— (3) ACTIVITIES.—The MASC shall— (A) the provision of comprehensive infor- SEC. 533. DEPOSITS. (A) not later than 60 days after the date of mation to workers about the benefit allow- The Administrator shall deposit all pro- enactment of this Act, negotiate and sign a ances, training, and other employment serv- ceeds of auctions conducted pursuant to sec- memorandum of understanding that affirms ices available under this section (including tion 532, immediately upon receipt of those the commitment of relevant Federal agen- application procedures, and the appropriate proceeds, in the Climate Change Worker cies to work cooperatively to carry out the filing dates, for the allowances, training, and Training and Assistance Fund. activities of the Program; services); SEC. 534. USES. (B) not later than 120 days after the date of (B) the filing of petitions for certification (a) ENERGY EFFICIENCY AND RENEWABLE EN- enactment of this Act, establish a National of eligibility for workers to apply for climate ERGY WORKER TRAINING PROGRAM.—For each Climate Change Advisory Committee (re- change adjustment assistance, including of calendar years 2012 through 2050, 30 per- ferred to in this subsection as the ‘‘Advisory mechanisms to ensure rapid response to filed cent of the funds deposited in the Climate Committee’’), which shall be composed of an petitions; Change Worker Training and Assistance equal number of representatives, to be nomi- (C) the establishment of eligibility require- Fund for the preceding year under section nated by the Speaker of the House of Rep- ments for eligible climate change training 533 shall be made available, without further resentatives and the Majority Leader of the and assistance benefits and the terms of the appropriation or fiscal year limitation, to Senate, of labor organizations (as defined in disbursal of any assistance benefits; carry out the Energy Efficiency and Renew- section 401.9 of title 29, Code of Federal Reg- (D) requests for a hearing by a petitioner, able Energy Worker Training Program estab- ulations (as in effect on the date of enact- or any other person or organization with a lished by section 171(e) of the Workforce In- ment of this Act)) and business organizations substantial interest in the proceedings; vestment Act of 1998 (29 U.S.C. 2916(e)). to advise the MASC on— (E) an appeals process; (b) CLIMATE CHANGE WORKER ADJUSTMENT (i) the strategic plan and the structure and (F) termination of any certification eligi- PROGRAM.—For each of calendar years 2012 operation of the Program; bility; through 2050, 60 percent of the funds depos- (ii) the content of applicable regulations; (G) certification of eligibility requirements ited in the Climate Change Worker Training and for a group of workers, adversely affected and Assistance Fund for the preceding year (iii) industry trends, workforce develop- secondary workers, and industry-wide cer- under section 533 shall be made available, ments, and other matters relating to the im- tification, including a mechanism by which without further appropriation or fiscal year pact of Federal climate change legislation; the Secretary will notify each Governor of a limitation, to carry out the Climate Change (C)(i) not later than 120 days after the date State in which workers are located of the Worker Assistance Program established pur- of enactment of this Act, hold planning certification; and suant to section 535. meetings; and (H) a means of ensuring publication of any (c) WORKFORCE TRAINING AND SAFETY.—For (ii) not later than 270 days after the date of determinations in the Federal Register and each of calendars year 2012 through 2050, 10 enactment of this Act, formulate a com- on the website of the Department of Labor. percent of the funds deposited in the Climate prehensive strategic plan for addressing im- (g) PROGRAM BENEFITS.— Change Worker Training and Assistance pacts of Federal climate change legislation (1) DEFINITIONS.—In this subsection: Fund for the preceding year under section on each segment of the workforce; (A) BASE REPLACEMENT WAGE AMOUNT.—The 533 shall be made available, without further (D) report the anticipated results of the term ‘‘base replacement wage amount’’ appropriation or fiscal year limitation, to strategic plan to the Committee on Ways means, as determined by the case manager of carry out section 536. and Means of the House of Representatives an applicant, the total weekly wages or sal- SEC. 535. CLIMATE CHANGE WORKER ASSIST- and the Committee on Finance of the Sen- ary of the applicant at the most recent posi- ANCE PROGRAM. ate; tion held by the applicant at a firm or public (a) PURPOSE.—The purpose of this section (E) submit to the President and Congress agency before the date on which the position is to ensure that any individual workers and an annual report on the performance, of the applicant was partially or totally ter- groups of employees that are adversely af- achievements, and challenges of the Pro- minated by the firm or public agency. fected by Federal policy and climate change gram; and (B) CLIMATE CHANGE READJUSTMENT ALLOW- legislation receive the benefits, skill train- (F) meet as often as necessary, but not less ANCE.—The term ‘‘climate change readjust- ing, retraining, and job search assistance often than quarterly, in person— ment allowance’’ means a regular payment that will enable the workers and groups to (i) to monitor the administration of the made to an applicant that, in combination maintain self-sufficiency and obtain family- Program; and with unemployment insurance payments sustaining jobs that contribute to overall (ii) to ensure that the Program is being made to the applicant, is equal to the base economic productivity, international com- carried out by the Office in a manner con- replacement wage amount. petitiveness, and the positive quality of life sistent with the purpose of the Program. (C) HEALTH CARE BENEFIT REPLACEMENT expected by all individuals in the United (e) OFFICE OF CLIMATE CHANGE ADJUSTMENT AMOUNT.—The term ‘‘health care benefit re- States. ASSISTANCE.— placement amount’’ means, as determined by (b) DEFINITIONS.—In this section: (1) ESTABLISHMENT.—There is established the case manager of an applicant who is eli- (1) DEPUTY ASSISTANT SECRETARY.—The in the Department of Labor an office to be gible to receive a climate change readjust- term ‘‘Deputy Assistant Secretary’’ means known as the ‘‘Office of Climate Change Ad- ment allowance, a regular payment made to the Deputy Assistant Secretary for Climate justment Assistance’’. a health care provider to allow the applicant Change Adjustment Assistance appointed (2) HEAD OF OFFICE.—The head of the Office to maintain health care benefits, for the ap- under subsection (e)(2). shall be the Deputy Assistant Secretary for plicant and the family of the applicant, with (2) MASC.—The term ‘‘MASC’’ means the Climate Change Adjustment Assistance, who no loss of service, during the period for Multi-Agency Steering Committee estab- shall be appointed by the President, by and which the applicant is eligible to receive the lished under subsection (d)(1). with the advice and consent of the Senate. climate change readjustment allowance.

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(2) CLIMATE CHANGE ADJUSTMENT ASSIST- (iv) skill requirements for local occupa- (D) any program of remedial education; ANCE.—The Secretary shall determine, in tions described in clause (iii). (E) skill development and training for jobs consultation with the MASC and the Na- (H) Supportive services, including services relating to renewable energy, low- or zero- tional Climate Change Advisory Committee, relating to child care, transportation, de- carbon technologies, energy efficiency, and the types of climate change training and as- pendent care, housing assistance, and need- the remediation and cleanup of environ- sistance benefits that should be provided related payments that are necessary to en- mentally distressed areas; and under the Program. able an individual to participate in training. (F) any other training program approved (3) TYPES OF ELIGIBLE ASSISTANCE.—Bene- (7) STATE ADMINISTRATION OF WORKER AS- by the Secretary. fits eligible to be disbursed under the Pro- SISTANCE.—A State employment security (6) REGULATIONS.—The Secretary shall pro- gram include a payment of— agency, acting pursuant to an agreement mulgate regulations that establish criteria (A) a climate change readjustment allow- with the Secretary, shall carry out such ad- for use in carrying out this subsection. ance; and ministrative activities (including using (7) SUPPLEMENTAL ASSISTANCE.—The Sec- (B) a health care benefit replacement State agency personnel employed in accord- retary may, as appropriate, authorize supple- amount. ance with applicable standards for a merit mental assistance that is necessary to defray (4) LIMITATIONS ON CLIMATE CHANGE READ- system of personnel administration) as are reasonable transportation and subsistence necessary for the proper and efficient oper- JUSTMENT ALLOWANCES.—An eligible worker expenses for separate maintenance in a case may receive the benefits described in sub- ation of the Program, including— in which training for a worker is provided in paragraphs (A) and (B) of paragraph (3) for a (A) making determinations of eligibility a facility that is not within commuting dis- for, and payment of, climate change read- duration of not longer than 3 years. tance of the regular place of residence of the justment allowances and health care benefit (5) PAYMENTS AS A BRIDGE TO RETIRE- worker. replacement amounts; MENT.—A worker eligible to receive climate (8) ADDITIONAL ON-THE-JOB TRAINING.— (B) developing recommendations regarding change adjustment assistance may apply for Under the Program, the Secretary may pro- use of those payments as a bridge to retire- a lump sum payment to be paid to a retire- vide funds to be used as job search allow- ment in accordance with this subsection; and ment plan in order to qualify for retirement ances and relocation allowances. (C) the provision of employment and case under the rules and regulations of that plan. (9) LABOR CONSULTATION.—If a labor organi- management services to eligible workers as zation represents a substantial number of (6) EMPLOYMENT AND CASE MANAGEMENT described in paragraph (6). SERVICES.—The Secretary shall provide, workers who are engaged in similar work or (h) TRAINING.— training in a geographical area that is the through agreements with State employment (1) IN GENERAL.—Not later than 120 days same as the geographical area that is pro- services agencies, to adversely affected after the date of enactment of this Act, the posed to be funded under this section, the workers covered by a certification of eligi- Secretary shall establish procedures for the labor organization shall be provided an op- bility for a climate change readjustment al- allocation among States, for each fiscal portunity to be consulted and to submit lowance, the following employment and case year, of funds available to pay the costs of comments with respect to the proposal. management information and services: training for climate change adjustment as- (i) CONSISTENCY WITH CURRENT LABOR (A) Comprehensive and specialized assess- sistance-eligible individuals under this sec- LAWS.—The Secretary shall determine which ment of skill levels and service needs, in- tion. Federal worker protection, nondiscrimina- cluding through— (2) INCLUSION IN STRATEGIC PLAN.—The pro- tion requirements, and labor standards apply (i) diagnostic testing and use of other as- cedures established under paragraph (1) shall sessment tools; and be described in the strategic plan described to the Program. (ii) in-depth interviewing and evaluation in subsection (d)(3)(C)(ii). SEC. 536. WORKFORCE TRAINING AND SAFETY. to identify employment barriers and appro- (3) DISTRIBUTION.—In establishing and im- (a) DEFINITION OF ZERO- AND LOW-EMITTING priate employment goals. plementing the procedures under paragraph CARBON ENERGY TECHNOLOGY.—In this sec- (B) Development of an individual employ- (1), the Secretary shall— tion, the term ‘‘zero- and low-emitting car- ment plan to identify employment goals and (A) provide for at least 3 distributions of bon energy technology’’ means any tech- objectives, and appropriate training to funds available for training during a fiscal nology that has a rated capacity of at least achieve those goals and objectives. year; and 750 megawatts of power. (C) Information on— (B) during the first such distribution for a (b) EDUCATION PROGRAMS.—In order to en- (i) training available in local and regional fiscal year, disburse not more than 50 per- hance the educational opportunities and areas; cent of the total amount of funds available safety of future generations of scientists, en- (ii) individual counseling to determine to a State for training for that fiscal year. gineers, heath physicists, and energy work- which training is most suitable; and (4) APPROVAL OF TRAINING.— force employees, funds made available under (iii) information on how to apply for that (A) IN GENERAL.—If the Secretary makes a section 534(c) shall be used for programs to training. determination described in subparagraph (B), assist institutions of education in the United (D) Information on how to apply for finan- the Secretary shall approve training de- States— cial aid, including— scribed in that subparagraph for the worker. (1) to remain at the forefront of science (i) referring workers to educational oppor- (B) DETERMINATION.—The determination education and research; tunity centers under section 402F of the referred to in subparagraph (A) is a deter- (2) to operate advanced energy research fa- Higher Education Act of 1965 (20 U.S.C. 1070a– mination that— cilities and carry out other related edu- 16), where applicable; and (i) a worker would benefit from appro- cational activities; and (ii) notifying workers that the workers priate training; (3) to conduct climate change science and may ask financial aid administrators at in- (ii) there is reasonable expectation of em- policy education. stitutions of higher education to allow use of ployment following completion of the train- (c) WORKFORCE TRAINING.— their current year income in the financial ing; (1) IN GENERAL.—The Secretary of Labor aid process. (iii) training approved by the Secretary is shall promulgate regulations— (E) Short-term provisional services, in- reasonably available to the worker from gov- (A) to implement a program to provide cluding development of learning skills, com- ernment agencies or a private source; workforce training to meet the high demand munications skills, interviewing skills, (iv) the worker is qualified to undertake for workers skilled in zero- and low-emitting punctuality, personal maintenance skills, and complete the training; and carbon energy technologies; and professional conduct to prepare individ- (v) the training is suitable for the worker (B) to implement programs for— uals for employment or training. and available at a reasonable cost. (i) electrical craft certification; (F) Individual career counseling, including (C) PAYMENT.—A worker approved to re- (ii) career and technology awareness at the job search and placement counseling, during ceive training under this paragraph shall be primary and secondary education levels; the period in which the individual is receiv- entitled to have payment of the costs of the (iii) preapprenticeship career technical ing climate change readjustment allowances training (subject to applicable limitations education for all zero- and low-emitting car- under this section, and for the purpose of job under this section) paid on behalf of the Sec- bon energy technologies relating to indus- placement after receiving that training. retary directly or through a voucher system. trial skilled crafts; (G) Provision of employment statistics in- (5) TRAINING PROGRAMS.—The training pro- (iv) community college and skill center formation, including the provision of accu- grams for which a worker may be approved training for zero- and low-emitting carbon rate information relating to local, regional, under paragraph (4) include— energy technology technicians; and national labor market areas, including— (A) employer-based training, including on- (v) training of construction management (i) job vacancy listings in those labor mar- the-job training, customized training, and personnel for zero- and low-carbon emitting ket areas; skill upgrading for incumbent workers; carbon energy technology construction (ii) information on job skills necessary to (B) any training program provided by a projects; and obtain jobs identified in job vacancy listings State pursuant to title I of the Workforce In- (vi) regional grants for integrated zero- described in clause (i); vestment Act of 1998 (29 U.S.C. 2801 et seq.); and low-emitting carbon energy technology (iii) information relating to local occupa- (C) any training program provided by a workforce development programs; and tions that are in demand and earnings poten- workforce investment board established (C) to ensure the safety of workers in the tial of those occupations; and under section 111 of that Act (29 U.S.C. 2821); fields described in subparagraphs (A) and (B).

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(2) CONSULTATION.—In carrying out this means an eligible manufacturing facility (2) REGULATIONS.—If the report under para- subsection, the Secretary of Labor shall con- that began operation during or after the cal- graph (1) contains a determination by the sult with relevant Federal agencies, rep- endar year for which emission allowances are Administrator that an energy intensity- resentatives of the zero- and low-carbon being distributed under this section. based distribution program would encourage emitting technologies industries, and orga- (b) REGULATIONS.—Not later than 2 years efficiency, and would not cause undue eco- nized labor regarding the skills and safety after the date of enactment of this Act, the nomic harm, the Administrator, not later measures required in those industries. Administrator shall promulgate regulations than 18 months after the date of submission Subtitle E—Transition Assistance for Carbon- establishing a system for distributing, for of the report, shall promulgate regulations Intensive Manufacturers each of calendar years 2012 through 2030, establishing a program to supplement or re- among owners and operators of individual place the emission allowance allocations re- SEC. 541. ALLOCATION. carbon-intensive manufacturing facilities in quired under subsection (d) for any industry (a) IN GENERAL.—Not later than 330 days the United States, the emission allowances category or subcategory that the Adminis- before the beginning of each of calendar allocated for that year by section 541. trator determines to be appropriately years 2012 through 2030, the Administrator (c) TOTAL ALLOCATION FOR CURRENTLY OP- benchmarked. shall allocate a percentage of the quantity of ERATING FACILITIES.—As part of the system (g) INDIVIDUAL ALLOCATION TO NEW EN- emission allowances established pursuant to established under subsection (b), the Admin- TRANT MANUFACTURING FACILITIES.— section 201(a) for that calendar year for dis- istrator shall, for each calendar year, dis- (1) IN GENERAL.—As part of the system es- tribution among owners and operators of tribute 96 percent of the total quantity of tablished under subsection (b), the Adminis- carbon-intensive manufacturing facilities in emission allowances available for allocation trator shall, for each calendar year, dis- the United States. to owners and operators of carbon-intensive tribute 4 percent of the total quantity of (b) QUANTITIES OF EMISSION ALLOWANCES manufacturing facilities under section 541 to emission allowances available for allocation ALLOCATED.—The quantities of emission al- owners and operators currently operating to owners and operators of carbon-intensive lowances allocated pursuant to subsection those facilities. manufacturing facilities under section 541 to (a) shall be the quantities represented by the (d) TOTAL ALLOCATION FOR CURRENTLY OP- those manufacturing facilities that are new percentages in the following table: ERATING FACILITIES IN EACH CATEGORY OF entrant manufacturing facilities. MANUFACTURING.—The regulations promul- (2) INDIVIDUAL ALLOCATION.—Subject to Percentage for gated under subsection (b) shall provide that paragraph (3), the quantity of emission al- distribution the quantity of emission allowances distrib- lowances distributed by the Administrator uted by the Administrator for a calendar for a calendar year to the owner or operator Calendar Year among carbon-in- tensive manufac- year to facilities in each category of cur- of a new entrant manufacturing facility turing facilities rently operating facilities shall be equal to shall equal the product obtained by multi- in United States the product obtained by multiplying— plying— (1) the total quantity of emission allow- (A) the total quantity of emission allow- 2012 ...... 11 ances available for allocation under section ances available for allocation under para- 2013 ...... 11 541; and graph (1); and 2014 ...... 11 (2) the ratio that (during the calendar year (B) the proportion that— 2015 ...... 11 preceding the calendar year for which emis- (i) the estimated direct and indirect carbon 2016 ...... 11 sion allowances are being distributed under dioxide equivalent emissions of the indi- 2017 ...... 11 this section)— vidual new entrant manufacturing facility 2018 ...... 11 (A) the sum of the average annual direct during the preceding calendar year; bears to 2019 ...... 11 and indirect carbon dioxide equivalent emis- (ii) the sum of the estimated direct and in- 2020 ...... 11 sions during the 3-calendar-year period im- direct carbon dioxide equivalent emissions of 2021 ...... 11 mediately preceding the year of distribution all new entrant manufacturing facilities dur- 2022 ...... 10 under this section by currently operating fa- ing the preceding calendar year. 2023 ...... 9 cilities in the category; bears to (3) MAXIMUM ALLOCATION.—In no case may 2024 ...... 7 (B) the sum of the average annual direct the quantity of emission allowances allo- 2025 ...... 6 and indirect carbon dioxide equivalent emis- cated to a new entrant manufacturing facil- 2026 ...... 5 sions during the 3-calendar-year period im- ity under this subsection exceed the quan- 2027 ...... 4 mediately preceding the year of distribution tity that would have been allocated to the 2028 ...... 3 under this section by all currently operating new entrant manufacturing facility if the 2029 ...... 2 facilities. new entrant manufacturing facility had been 2030 ...... 1. (e) INDIVIDUAL ALLOCATIONS TO CURRENTLY a currently operating facility during the pre- OPERATING FACILITIES.—The regulations pro- ceding calendar year. SEC. 542. DISTRIBUTION. mulgated under subsection (b) shall provide (h) FACILITIES THAT SHUT DOWN.— (a) DEFINITIONS.—In this section: that the quantity of emission allowances dis- (1) IN GENERAL.—The system established (1) CURRENTLY OPERATING FACILITY.—The tributed by the Administrator for a calendar pursuant to subsection (b) shall ensure, not- term ‘‘currently operating facility’’ means year to the owner or operator of a currently withstanding any other provision of this sub- an eligible manufacturing facility that had operating facility shall be a quantity equal title, that— significant operations during the calendar to the product obtained by multiplying— (A) emission allowances are not distributed year preceding the calendar year for which (1) the total quantity of emission allow- to an owner or operator of any facility that emission allowances are distributed under ances available for allocation to owners and has been permanently shut down at the time this section. operators of currently operating facilities in of distribution; (2) ELIGIBLE MANUFACTURING FACILITY.— the appropriate category, as determined (B) the owner or operator of any facility (A) IN GENERAL.—The term ‘‘eligible manu- under subsection (c); and that permanently shuts down in a calendar facturing facility’’ means a manufacturing (2) the proportion that, during the 3-cal- year shall promptly return to the Adminis- facility located in the United States that endar-year period immediately preceding the trator any emission allowances that the Ad- principally manufacturers iron, steel, pulp, calendar year for which emission allowances ministrator has distributed for that facility paper, cement, rubber, chemicals, glass, ce- are being distributed under this section— for any subsequent calendar years; and ramics, sulfur hexafluoride, or aluminum (A) the sum of the average annual direct (C) if a facility receives a distribution of and other nonferrous metals. and indirect carbon dioxide equivalent emis- emission allowances under this subtitle for a (B) EXCLUSION.—The term ‘‘eligible manu- sions during the 3-calendar-year period im- calendar year and subsequently permanently facturing facility’’ does not include a facility mediately preceding the calendar year under shuts down during that calendar year, the eligible to receive emission allowances under this section by the facility; bears to owner or operator of the facility shall subtitle F or H. (B) the sum of the average annual direct promptly return to the Administrator a (3) INDIRECT CARBON DIOXIDE EMISSIONS.— and indirect carbon dioxide equivalent emis- number of emission allowances equal to the The term ‘‘indirect carbon dioxide emis- sions during the 3-calendar-year period im- number that the Administrator determines sions’’ means the product obtained by multi- mediately preceding the calendar year under is the portion that the owner or operator will plying (as determined by the Adminis- this section of all currently operating facili- no longer need to submit for that facility trator)— ties in the same category. under section 202. (A) the quantity of electricity consump- (f) ENERGY INTENSITY-BASED ALLOCATION.— (2) EXEMPTION.—Subparagraphs (B) and (C) tion at an eligible manufacturing facility; (1) IN GENERAL.—Not later than 1 year after of paragraph (1) shall not apply if an owner and the date of enactment of this Act, the Ad- or operator of a facility demonstrates to the (B) the rate of carbon dioxide emission per ministrator shall submit to Congress a re- Administrator that, not later than 2 years kilowatt-hour output for the region in which port containing an analysis of the feasibility after the date on which the facility shut the manufacturer is located. of distributing a portion or all of the emis- down, the owner or operator will open a com- (4) NEW ENTRANT MANUFACTURING FACIL- sion allowances distributed under this sec- parable new facility, or increase the capacity ITY.—The term ‘‘new entrant manufacturing tion to single facilities on an energy-inten- of an existing facility by a comparable ca- facility’’, with respect to a calendar year, sity basis. pacity, within the United States.

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(i) PETROLEUM REFINERS.—The Adminis- (c) RURAL ELECTRIC COOPERATIVES.— a calendar year identified in that section trator may include, in the system estab- (1) IN GENERAL.—The Administrator shall shall be the product obtained by multi- lished pursuant to subsection (b), provisions include, in the regulations promulgated pur- plying— for distributing not more than 10 percent of suant to subsection (a), provisions for dis- (A) the quantity of emission allowances al- the emission allowances allocated pursuant tributing solely among rural electric co- located for that year by section 561; by to section 541 for each calendar year solely operatives not more than 5 percent of the (B) the quotient obtained by dividing— among owners and operators of entities that emission allowances allocated pursuant to (i) the annual average quantity of units of manufacture in the United States petroleum- section 551 for each calendar year. petroleum-based liquid or gaseous fuel that based liquid or gaseous fuel, in recognition of (2) PILOT PROGRAM.— the entity manufactured in the United the direct emission of carbon dioxide by (A) IN GENERAL.—In carrying out para- States during the 3 calendar years preceding those entities in the manufacture of those graph (1), the Administrator shall establish a the date of distribution of emission allow- fuels. pilot program to distribute, to rural electric ances; by Subtitle F—Transition Assistance for Fossil cooperatives in the States described in sub- (ii) the annual average quantity of petro- Fuel-Fired Electricity Generators paragraph (B), for each of calendar years 2012 leum-based liquid or gaseous fuel that all en- through 2029, 15 percent of the total number tities described in section 561 manufactured SEC. 551. ALLOCATION. of emission allowances allocated for the cal- in the United States during the 3 calendar (a) IN GENERAL.—Not later than 330 days endar year to rural electric cooperatives years preceding the date of distribution of before the beginning of each of calendar under section 551. emission allowances; and years 2012 through 2030, the Administrator (B) DESCRIPTION OF STATES.—The States re- (2) notwithstanding paragraph (1), provide shall allocate a percentage of the quantity of ferred to in subparagraph (A) are— for appropriate adjustments to reflect the ef- emission allowances established pursuant to (i) 1 State located east of the Mississippi fects of subsections (b)(2), (c), and (h) of sec- section 201(a) for that calendar year for dis- River in which 13 rural electric cooperatives tion 202. tribution among owners and operators of fos- sold to consumers in that State electricity sil fuel-fired electricity generators in the Subtitle H—Transition Assistance for in a quantity of 9,000,000 to 10,000,000 mega- Natural-Gas Processors United States. watt-hours, according to data of the Energy (b) QUANTITIES OF EMISSION ALLOWANCES SEC. 571. ALLOCATION. Information Administration for calendar Not later than 330 days before the begin- ALLOCATED.—The quantities of emission al- year 2005; and lowances allocated pursuant to subsection ning of each of calendar years 2012 through (ii) 1 State located west of the Mississippi 2030, the Administrator shall allocate 0.75 (a) shall be the quantities represented by the River in which 30 rural electric cooperatives percentages in the following table: percent of the quantity of emission allow- sold to consumers in that State electricity ances established pursuant to section 201(a) in a quantity of 3,000,000 to 4,000,000 mega- for that calendar year for distribution Percentage for watt-hours, according to data of the Energy among owners and operators of— distribution Information Administration for calendar (1) natural gas processing plants in the among fossil year 2005. Calendar year fuel-fired elec- United States (other than in the State of tricity genera- (C) LIMITATION.—No rural electric coopera- Alaska); tors in United tive that receives emission allowances under (2) entities that produce natural gas in the States this paragraph shall receive any additional State of Alaska or the Federal waters of the emission allowance under subtitle A or the outer Continental Shelf off the coast of that 2012 ...... 18 regulations promulgated under subsection State; and 2013 ...... 18 (a). (3) entities that hold title to natural gas, 2014 ...... 18 (D) REPORT.—Not later than January 1, including liquefied natural gas, or natural- 2015 ...... 18 2015, and every 3 years thereafter, the Ad- gas liquid at the time of importation into 2016 ...... 17.75 ministrator shall submit to Congress a re- the United States. 2017 ...... 17.5 port describing the success of the pilot pro- SEC. 572. DISTRIBUTION. 2018 ...... 17.25 gram established under this paragraph, in- (a) REGULATIONS.—Not later than 2 years 2019 ...... 16.25 cluding a description of— after the date of enactment of this Act, the 2020 ...... 15 (i) the benefits realized by ratepayers of Administrator shall promulgate regulations 2021 ...... 13.5 the rural electric cooperatives that receive establishing a system for distributing, 2022 ...... 11.25 allowances under the pilot program; and among owners and operators of individual 2023 ...... 10.25 (ii) the use by those rural electric coopera- entities described in section 571, for each cal- 2024 ...... 9 tives of advanced, low greenhouse gas-emit- endar year identified in that section, the 2025 ...... 8.75 ting electric generation technologies, if any. emission allowances allocated for that year 2026 ...... 5.75 Subtitle G—Transition Assistance for by that section. 2027 ...... 4.5 Refiners of Petroleum-Based Fuel (b) REQUIREMENTS.—The regulations pro- 2028 ...... 4.25 SEC. 561. ALLOCATION. mulgated pursuant to subsection (a) shall— 2029 ...... 3 (a) FIRST PERIOD.—Not later than 330 days (1) provide that the quantity of emission 2030 ...... 2.75. before the beginning of each of calendar allowances distributed to the owner or oper- years 2012 through 2017, the Administrator ator of an entity described in section 571 for SEC. 552. DISTRIBUTION. shall allocate 2 percent of the quantity of a calendar year identified in that section (a) REGULATIONS.—Not later than 2 years emission allowances established pursuant to shall be the product obtained by multi- after the date of enactment of this Act, the section 201(a) for that calendar year for dis- plying— Administrator shall promulgate regulations tribution among owners and operators of en- (A) the quantity of emission allowances al- establishing a system for distributing, for tities that manufacture petroleum-based liq- located for that year by section 571; by each of calendar years 2012 through 2030, uid or gaseous fuel in the United States. (B) the quotient obtained by dividing— among owners and operators of individual (b) SECOND PERIOD.—Not later than 330 (i) the annual average quantity, during the fossil fuel-fired electricity generators in the days before the beginning of each of calendar 3 calendar years preceding the date of dis- United States, the emission allowances allo- years 2018 through 2030, the Administrator tribution of emission allowances, of units cated for that year by section 551. shall allocate 1 percent of the emission al- of— (b) CALCULATION.—The regulations promul- lowances established pursuant to section (I) natural gas processed in the United gated pursuant to subsection (a) shall pro- 201(a) for that calendar year for distribution States by the entity (other than in the State vide that the quantity of emission allow- among owners and operators of entities de- of Alaska); ances distributed to the owner or operator of scribed in subsection (a). (II) natural gas produced in the State of an individual fossil fuel-fired electricity gen- SEC. 562. DISTRIBUTION. Alaska or the Federal waters of the outer erator for a calendar year shall be equal to (a) REGULATIONS.—Not later than 2 years Continental Shelf off the coast of that State the product obtained by multiplying— after the date of enactment of this Act, the by the entity and not reinjected into the (1) the quantity of emission allowances al- Administrator shall promulgate regulations field; and located pursuant to section 551; and establishing a system for distributing, (III) natural gas, including liquefied nat- (2) the quotient obtained by dividing— among owners and operators of individual ural gas, and natural-gas liquids to which (A) the average annual quantity of carbon entities described in section 561, for each cal- the entity held title at the time of importa- dioxide equivalents emitted by the fossil endar year identified in that section, the tion into the United States; by fuel-fired electricity generator during the 3 emission allowances allocated for that year (ii) the annual average quantity, over the 3 calendar years preceding the date of enact- by that section. calendar years preceding the date of dis- ment of this Act; by (b) REQUIREMENTS.—The regulations pro- tribution of emission allowances, of units (B) the average annual quantity of carbon mulgated pursuant to subsection (a) shall— of— dioxide equivalents emitted by all fossil fuel- (1) provide that the quantity of emission (I) natural gas processed in the United fired electricity generators during those 3 allowances distributed to the owner or oper- States by the entities described in section calendar years. ator of an entity described in section 561 for 571 (other than in the State of Alaska);

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(III) natural gas, including liquefied nat- (2) SECOND PERIOD.—Not later than 330 days ural gas, and natural-gas liquids to which sumer As- before the beginning of each of calendar the entities described in section 571 held title sistance years 2013 through 2025, the Administrator at the time of importation into the United Fund shall allocate— States; and (A) 9.75 percent of the quantity of emission (2) notwithstanding paragraph (1), provide allowances established pursuant to section for appropriate adjustments to reflect the ef- 2027 ...... 10 201(a) for that calendar year for distribution fects of subsections (b)(2) and (c) of section 2028 ...... 10 among electricity local distribution compa- 202. nies in the United States; and Subtitle I—Federal Program for Energy 2029 ...... 11 (B) 3.25 percent of the quantity of emission Consumers 2030 ...... 12 allowances established pursuant to section SEC. 581. ESTABLISHMENT. 201(a) for that calendar year for distribution There is established in the Treasury a 2031 ...... 14 among natural gas local distribution compa- fund, to be known as the ‘‘Climate Change 2032 ...... 14 nies in the United States. Consumer Assistance Fund’’. (3) THIRD PERIOD.—Not later than 330 days 2033 ...... 14 before the beginning of each of calendar SEC. 582. AUCTION. years 2026 through 2050, the Administrator (a) IN GENERAL.—In accordance with sub- 2034 ...... 15 shall allocate— sections (b) and (c), to raise funds for deposit 2035 ...... 15 (A) 10 percent of the quantity of emission in the Climate Change Consumer Assistance allowances established pursuant to section Fund, for each of calendar years 2012 through 2036 ...... 15 201(a) for that calendar year for distribution 2050, the Administrator shall— 2037 ...... 15 (1) auction a quantity of the emission al- among electricity local distribution compa- lowances established pursuant to section 2038 ...... 15 nies in the United States; and 201(a) for each calendar year; and 2039 ...... 15 (B) 3.5 percent of the quantity of emission (2) immediately upon receipt of the auc- allowances established pursuant to section tion proceeds, deposit the auction proceeds 2040 ...... 15 201(a) for that calendar year for distribution in the Climate Change Consumer Assistance 2041 ...... 15 among natural gas local distribution compa- Fund. nies in the United States. (b) NUMBER; FREQUENCY.—For each cal- 2042 ...... 15 (b) DISTRIBUTION.— endar year during the period described in 2043 ...... 15 (1) IN GENERAL.—For each calendar year, subsection (a), the Administrator shall— the emission allowances allocated under sub- (1) conduct not fewer than 4 auctions; and 2044 ...... 15 section (a) shall be distributed by the Ad- (2) schedule the auctions in a manner to 2045 ...... 15 ministrator to each local distribution entity ensure that— based on the proportion that— (A) each auction takes place during the pe- 2046 ...... 15 (A) the quantity of electricity or natural riod beginning 330 days before, and ending 60 2047 ...... 15 gas delivered by the local distribution entity days before, the beginning of each calendar during the 3 calendar years preceding the year; and 2048 ...... 15 calendar year for which the emission allow- (B) the interval between each auction is of 2049 ...... 15 ances are distributed, adjusted upward for equal duration. electricity or natural gas not delivered as a (c) QUANTITIES OF EMISSION ALLOWANCES 2050 ...... 15. result of consumer energy-efficiency pro- AUCTIONED.—For each calendar year of the grams implemented by the local distribution period described in subsection (a), the Ad- SEC. 583. DEPOSITS. entity and verified by the regulatory agency ministrator shall auction a quantity of emis- The Administrator shall deposit all pro- of the local distribution entity; bears to sion allowances in accordance with the ap- ceeds of auctions conducted pursuant to sec- (B) the total quantity of electricity or nat- plicable percentages described in the fol- tion 582, immediately on receipt of those pro- ural gas delivered by all local distribution lowing table: ceeds, in the Climate Change Consumer As- entities during those 3 calendar years, ad- sistance Fund. justed upward for the total electricity or natural gas not delivered as a result of con- SEC. 584. DISBURSEMENTS FROM THE CLIMATE Percentage CHANGE CONSUMER ASSISTANCE sumer energy-efficiency programs imple- for auction FUND. mented by all local distribution entities and No disbursements shall be made from the verified by the regulatory agencies of the for Climate local distribution entities. Calendar Year Change Con- Climate Change Consumer Assistance Fund except pursuant to an appropriations Act. (2) BASIS.—The Administrator shall base sumer As- the determination of the quantity of elec- SEC. 585. SENSE OF SENATE ON TAX INITIATIVE tricity or natural gas delivered by a local sistance TO PROTECT CONSUMERS. distribution entity for the purpose of para- Fund It is the sense of the Senate that funds de- graph (1) on the most recent data available posited in the Climate Change Consumer As- in annual reports filed with the Energy In- sistance Fund under section 583 should be 2012 ...... 3.5 formation Administration of the Department used to fund a tax initiative to protect con- of Energy. 2013 ...... 3.75 sumers, especially consumers in greatest need, from increases in energy costs and (c) USE.— 2014 ...... 3.75 other costs. (1) ELIGIBLE CONSUMER CLASSES.— (A) REGULATION.—Not later than 1 year 2015 ...... 4 TITLE VI—PARTNERSHIPS WITH STATES, after the date of enactment of this Act, the LOCALITIES, AND INDIAN TRIBES 2016 ...... 4.25 Administrator, in consultation with the Sec- 2017 ...... 4.5 Subtitle A—Partnerships With State Govern- retary of Energy, shall establish, by regula- ments to Prevent Economic Hardship While tion, the consumer classes to which a local 2018 ...... 5 Promoting Efficiency distribution entity shall direct emission al- 2019 ...... 6 SEC. 601. ASSISTING ENERGY CONSUMERS lowance proceeds, including low-income and THROUGH LOCAL DISTRIBUTION middle-income residential energy consumers 2020 ...... 6 COMPANIES. and small business commercial consumers 2021 ...... 6 (a) ALLOCATION.— that are not allocated emission allowances (1) FIRST PERIOD.—Not later than 330 days pursuant to title V. 2022 ...... 7 before the beginning of calendar year 2012, (B) REQUIREMENT.—The regulation required 2023 ...... 7 the Administrator shall allocate— under subparagraph (A) shall be promulgated (A) 9.5 percent of the quantity of emission in consultation with— 2024 ...... 8 allowances established pursuant to section (i) the Secretary of Health and Human 2025 ...... 8 201(a) for that calendar year for distribution Services; among electricity local distribution compa- (ii) the Secretary of Agriculture; 2026 ...... 9 nies in the United States; and (iii) appropriate State agencies; and

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(iv) local distribution entities, the regu- (i) IN GENERAL.—A local distribution entity report describing, with respect to that cal- latory agencies of the local distribution enti- shall submit the proposed assistance pro- endar year— ties, and consumer advocates. gram of the entity to the Administrator for (A) the date of each sale of each emission (C) DEFINING LOW-INCOME CONSUMERS.— approval. allowance; (i) IN GENERAL.—Subject to clause (ii), the (ii) APPROVAL OF EXISTING PROGRAMS.—On (B) the amount of revenue generated from Administrator shall specify eligibility cri- request of a local distribution entity, the Ad- the sale of emission allowances; and teria for low-income residential energy con- ministrator may approve an existing, State- (C) how, and to what extent, the local dis- sumers for purposes of the regulation re- approved low-income consumer assistance tribution entity used the proceeds of the sale quired under subparagraph (A). plan of the entity as a climate change im- of emission allowances, including the (ii) INCLUSIONS.—An individual shall be eli- pact economic assistance program for pur- amount of the proceeds directed to each con- gible as a low-income residential energy con- poses of this paragraph, if the Administrator sumer class covered in the form of rebates, sumer for purposes of the regulation required determines that the plan meets the require- energy efficiency, demand response, and dis- under subparagraph (A) if the individual (or ments of this paragraph. tributed generation. the household of which the individual is a (E) IMPLEMENTATION.—On approval of an (2) AVAILABILITY OF REPORTS.—The Admin- member) qualifies for— assistance program by the Administrator istrator shall make available to the public (I) benefits under the food stamp program under subparagraph (D)(i), a local distribu- all reports submitted by entities under para- established under the Food Stamp Act of 1977 tion entity may implement the program, graph (1), including by publishing those re- (7 U.S.C. 2011 et seq.); subject to the oversight of appropriate State ports on the Internet. (II) a premium or cost-sharing subsidy authorities. (f) OPT-OUT.—If a local distribution entity under section 1860D–14 of the Social Security (d) SALE OF EMISSION ALLOWANCES.— elects not to receive emission allowances Act (42 U.S.C. 1395w–114); or (1) IN GENERAL.—A local distribution entity under this section or fails to comply with a (III) a low-income program carried out be- that receives emission allowances under sub- requirement of this section, as determined fore December 31, 2011, by an electricity or section (b) shall— by the Administrator, the emission allow- natural gas local distribution entity serving (A) sell each emission allowance distrib- ances that would otherwise be distributed to the individual. uted to the local distribution entity, through the local distribution entity shall be— LIMATE CHANGE IMPACT ASSISTANCE (2) C direct sale or pursuant to a contract with a (1) provided to the State served by the PROGRAMS.— third party to sell the allowance, by not local distribution entity; and (A) IN GENERAL.—Each local distribution later than the date that is 1 year after the (2) used by the State to carry out the ob- entity that receives emission allowances date of receipt of the emission allowance; jectives of this section. under subsection (b) shall develop a climate and SEC. 602. ASSISTING STATE ECONOMIES THAT change impact economic assistance program (B) seek fair market value for each emis- RELY HEAVILY ON MANUFACTURING in accordance with this paragraph. sion allowance sold. AND COAL. (B) REGULATIONS.— (2) PROCEEDS.— (a) ALLOCATION.— (i) IN GENERAL.—Not later than 1 year after (A) IN GENERAL.—Subject to subparagraph (1) IN GENERAL.—Not later than 330 days the date of enactment of this Act, the Ad- (B), the proceeds from the sale of emission before the beginning of each of calendar ministrator shall promulgate regulations es- allowances under paragraph (1) shall be used years 2012 through 2050, of the quantity of tablishing minimum requirements for the emission allowances established pursuant to development of climate change impact eco- solely— (i) to mitigate economic impacts on the section 201(a) for the applicable calendar nomic assistance programs under subpara- year, the Administrator shall allocate a per- graph (A). consumer classes established pursuant to subsection (c)(1)(A), including by reducing centage for distribution among States the (ii) DEADLINE.—The regulations promul- transmission or distribution charges or economies of which rely heavily on manufac- gated pursuant to clause (i) shall require turing or on coal, as determined by the Ad- each local distribution entity that receives issuing rebates; (ii) to promote the use of zero- and low-car- ministrator, in accordance with the table emission allowances under this section to contained in paragraph (2). implement a climate change impact eco- bon distributed generation technologies and (2) PERCENTAGES FOR ALLOCATION.—For nomic assistance program by not later than energy efficiency on the part of consumers; and each of calendar years 2012 through 2050, the December 31, 2011, that— Administrator shall allocate to States de- (I) mitigates increases in electricity or (iii) to implement demand response pro- grams and targeted assistance programs to scribed in paragraph (1) the percentage of natural gas costs, as applicable, that are at- emission allowances specified in the fol- tributable to the implementation of this Act; benefit the consumer classes established pur- lowing table: (II) provides to qualifying low-income indi- suant to subsection (c)(1)(A). viduals and households a timely rebate on (B) MINIMUM PERCENTAGE REQUIREMENT.— electricity or natural gas bills, as applicable; (i) IN GENERAL.—Except as provided in Percent of emis- (III) provides greater rebates to consumers clause (ii), each local distribution entity sion allowances in the lowest income classes; shall use not less than 30 percent of the pro- for allocation ceeds from the sale of emission allowances among States (IV) includes energy efficiency and other Calendar year relying heavily programmatic measures designed to reduce under paragraph (1) to benefit low-income on manufac- the quantity of electricity or natural gas, as residential energy consumers. turing and on applicable, consumed by qualifying low-in- (ii) EXCEPTION.—Notwithstanding clause coal come households; and (i), a regulatory agency with authority over (V) includes economic assistance, energy a local distribution entity (including a gov- 2012 ...... 3 efficiency, and other programmatic meas- erning board of a municipally owned or coop- 2013 ...... 3 ures designed to reduce the quantity of en- eratively owned local distribution entity) 2014 ...... 3 ergy consumed by other residential, small may reduce the percentage requirement 2015 ...... 3 business, and commercial energy consumers under clause (i) if the agency determines 2016 ...... 3.25 that do not receive allowances under this that the increase in electricity or natural 2017 ...... 3.25 Act. gas costs, as applicable, of eligible low-in- 2018 ...... 3.25 (C) DEVELOPMENT.— come consumers served by the local distribu- 2019 ...... 3.25 (i) IN GENERAL.—A local distribution entity tion entity resulting from the implementa- 2020 ...... 3.25 may develop an assistance program under tion of this Act are mitigated. 2021 ...... 3.25 this paragraph— (C) PROHIBITION.—No local distribution en- 2022 ...... 3.25 (I) in consultation with appropriate State tity may use any proceeds from the sale of 2023 ...... 3.5 regulatory authorities; or emission allowances under paragraph (1) to 2024 ...... 3.5 (II) for the purpose of supplementing an ex- provide to any consumer a rebate that is 2025 ...... 3.5 isting low-income consumer assistance plan based solely on the quantity of electricity or 2026 ...... 3.5 of the entity. natural gas used by the consumer. 2027 ...... 3.5 (ii) LISTS OF ELIGIBLE CONSUMERS.—In de- (D) TREATMENT.—Proceeds from the sale of 2028 ...... 3.5 veloping a list of consumers eligible to re- an emission allowance under this paragraph 2029 ...... 3.5 ceive assistance pursuant to a climate shall not be considered to be income of a 2030 ...... 3.5 change impact economic assistance program local distribution entity if the value of the 2031 ...... 4 under this paragraph, a local distribution en- proceeds is fully disbursed during the 1-year 2032 ...... 4 tity— period beginning on the date of sale of the 2033 ...... 4 (I) may use any list maintained by a State emission allowance. 2034 ...... 4 or local agency of eligible recipients of exist- (e) REPORTS.— 2035 ...... 4 ing public assistance programs; and (1) IN GENERAL.—For each calendar year for 2036 ...... 4 (II) shall strictly maintain the privacy of which a local distribution entity receives 2037 ...... 4 the eligible recipients. emission allowances under this section, the 2038 ...... 4 (D) APPROVAL.— entity shall submit to the Administrator a 2039 ...... 4

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Percent of emis- ceeds of sale of those emission allowances) Percentage for sion allowances under this section for that calendar year. Calendar Year auction for for allocation (d) DEADLINE FOR USE.—A State shall dis- public trans- Calendar year among States tribute or sell emission allowances for use in portation relying heavily accordance with subsection (c) by not later on manufac- than January 1 of each emission allowance 2032 ...... 2 .75 turing and on allocation year. 2033 ...... 2 .75 coal (e) RETURN OF ALLOWANCES.—Not later 2034 ...... 2 .75 than 330 days before the end of each emission 2035 ...... 2 .75 2040 ...... 4 allowance allocation year, each State shall 2036 ...... 2 .75 2041 ...... 4 return to the Administrator any emission al- 2037 ...... 2 .75 2042 ...... 4 lowances allocated to the State for the pre- 2038 ...... 2 .75 2043 ...... 4 ceding calendar year but not distributed or 2039 ...... 2 .75 2044 ...... 4 sold by the deadline described in subsection 2040 ...... 2 .75 2045 ...... 4 (d). 2041 ...... 2 .75 2046 ...... 4 (f) REPORT.—A State receiving allowances 2042 ...... 2 .75 2047 ...... 4 under this section shall annually submit to 2043 ...... 2 .75 2048 ...... 4 the appropriate congressional committees 2044 ...... 2 .75 2049 ...... 4 and the appropriate Federal agencies a re- 2045 ...... 2 .75 2050 ...... 4. port describing the purposes for which the 2046 ...... 2 .75 State has used— 2047 ...... 2 .75 (b) DISTRIBUTION.—The emission allow- (1) the allowances received under this sec- 2048 ...... 2 .75 ances available for allocation to States tion; and 2049 ...... 2 .75 under subsection (a) for a calendar year shall (2) the proceeds of the sale by the State of 2050 ...... 2 .75. be distributed as follows: allowances received under this section. (1) For each calendar year, 1⁄2 of the quan- (e) DEPOSITS.—The Administrator shall de- tity of emission allowances shall be distrib- Subtitle B—Partnerships With States, Local- posit all proceeds of auctions conducted pur- uted among the States based on the propor- ities, and Indian Tribes to Reduce Emis- suant to subsections (b) and (c), immediately tion that— sions on receipt of those proceeds, in the Transpor- (A) the average annual per-capita employ- SEC. 611. MASS TRANSIT. tation Sector Emission Reduction Fund es- ment in manufacturing in a State during the (a) TRANSPORTATION SECTOR EMISSION RE- tablished by subsection (a). period beginning on January 1, 1988, and end- DUCTION FUND.—There is established in the (f) USE OF FUNDS.—For each of calendar ing on December 31, 1992, as determined by Treasury of the United States a fund, to be years 2012 through 2050, all funds deposited in the Secretary of Labor; bears to known as the ‘‘Transportation Sector Emis- the Transportation Sector Emission Reduc- (B) the average annual per-capita employ- sion Reduction Fund’’. tion Fund in the preceding year pursuant to ment in manufacturing in all States during (b) AUCTION OF ALLOWANCES.—In accord- subsection (e) shall be made available, with- the period beginning on January 1, 1988, and ance with subsections (c) and (d), to fund out further appropriation or fiscal year limi- ending on December 31, 1992, as determined awards for public transportation-related ac- tation, for grants described in subsections (g) by the Secretary of Labor. tivities, for each of calendar years 2012 through (i). (2) For each calendar year, 1⁄2 of the quan- through 2050, the Administrator shall auc- (g) GRANTS TO PROVIDE FOR ADDITIONAL tity of emission allowances available for tion a quantity of the emission allowances AND IMPROVED PUBLIC TRANSPORTATION SERV- States under subsection (a) shall be distrib- established pursuant to section 201(a) for ICE.— uted among individual States as follows: each calendar year. (1) IN GENERAL.—Of the funds deposited in (A) In the case of any State in which the (c) NUMBER; FREQUENCY.—For each cal- the Transportation Sector Emission Reduc- ratio of lignite (in British thermal units) endar year during the period described in tion Fund each year pursuant to subsection that was mined from 1988 through 1992 within subsection (b), the Administrator shall— (e), 65 percent shall be distributed to des- the boundaries of the State to the total (1) conduct not fewer than 4 auctions; and ignated recipients (as defined in section quantity of coal (in British thermal units) (2) schedule the auctions in a manner to 5307(a) of title 49, United States Code) to that was consumed from 1988 through 1992 ensure that— maintain or improve public transportation within the boundaries of that State exceeds (A) each auction takes place during the pe- through activities eligible under that sec- 0.75, the share of allowances of the State riod beginning 330 days before, and ending 60 tion, including— shall be based on the proportion that— days before, the beginning of each calendar (A) improvements to lighting, heating, (i) twice the quantity of carbon contained year; and cooling, or ventilation systems in stations in the total quantity of coal that was mined (B) the interval between each auction is of and other facilities that reduce direct or in- within the boundaries of the State from 1988 equal duration. direct greenhouse gas emissions; through 1992, as determined by the Secretary (d) QUANTITIES OF EMISSION ALLOWANCES (B) adjustments to signal timing or other of Energy; bears to AUCTIONED.—For each calendar year of the vehicle controlling systems that reduce di- (ii) the sum of twice the quantity of carbon period described in subsection (b), the Ad- rect or indirect greenhouse gas emissions; contained in the total quantity of coal that ministrator shall auction a quantity of emis- (C) purchasing or retrofitting rolling stock was mined from 1988 through 1992 within the sion allowances in accordance with the ap- to improve efficiency or reduce greenhouse boundaries of all States described in sub- plicable percentages described in the fol- gas emissions; and paragraph (A) and the quantity of carbon lowing table: (D) improvements to energy distribution contained in the total quantity of coal that systems. was mined from 1988 through 1992 within the Percentage for (2) DISTRIBUTION.—Of the proceeds of auc- boundaries of all other States, as determined auction for tions conducted under this section, the Ad- by the Secretary of Energy. Calendar Year public trans- ministrator shall distribute under paragraph (B) In the case of any State other than a portation (1)— State described in subparagraph (A), the (A) 60 percent in accordance with the for- share of allowances of the State shall be 2012 ...... 1 mulas contained in subsections (a) through based on the proportion that— 2013 ...... 1 (c) of section 5336 of title 49, United States (i) the quantity of carbon contained in the 2014 ...... 1 Code; and total quantity of coal that was mined within 2015 ...... 1 (B) 40 percent in accordance with the for- the boundaries of the State from 1988 2016 ...... 1 mula contained in section 5340 of that title. through 1992, as determined by the Secretary 2017 ...... 1 (3) TERMS AND CONDITIONS.—A grant pro- of Energy; bears to 2018 ...... 2 vided under this subsection shall be subject (ii) the sum of twice the quantity of carbon 2019 ...... 2 to the terms and conditions applicable to a contained in the total quantity of coal that 2020 ...... 2 grant provided under section 5307 of title 49, was mined from 1988 through 1992 in all 2021 ...... 2 United States Code. States described in subparagraph (A) and the 2022 ...... 2 .75 (4) COST SHARE.—The Federal share of cost quantity of carbon contained in the total 2023 ...... 2 .75 of carrying out an activity using a grant quantity of coal that was mined from 1988 2024 ...... 2 .75 under this subsection shall be determined in through 1992 within the boundaries of all 2025 ...... 2 .75 accordance with section 5307(e) of title 49, other States, as determined by the Secretary 2026 ...... 2 .75 United States Code. of Energy. 2027 ...... 2 .75 (h) GRANTS FOR CONSTRUCTION OF NEW PUB- (c) USE.—During any calendar year, a 2028 ...... 2 .75 LIC TRANSPORTATION PROJECTS.— State shall retire or use for 1 or more of the 2029 ...... 2 .75 (1) IN GENERAL.—Of the funds deposited in purposes described in section 614(d) all of the 2030 ...... 2 .75 the Transportation Sector Emission Reduc- allowances allocated to the State (or pro- 2031 ...... 2 .75 tion Fund each year pursuant to subsection

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.098 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5074 CONGRESSIONAL RECORD — SENATE June 4, 2008 (e), 30 percent shall be distributed to State codes and standards to achieve overall en- ‘‘(ii) the quantity of energy savings rep- and local government authorities for design, ergy savings, as compared to the IECC (2006) resented by the provisions referred to in engineering, and construction of new fixed for residential buildings and ASHRAE Stand- clause (i). guideway transit projects or extensions to ard 90.1 (2004) for commercial buildings, of at ‘‘(2) REVISION OF CODES AND STANDARDS.— existing fixed guideway transit systems. least— ‘‘(A) IN GENERAL.—If the Secretary makes (2) APPLICATIONS.—Applications for grants ‘‘(A) 30 percent, with respect to each edi- an affirmative determination under sub- under this subsection shall be reviewed ac- tion of a model code or standard published section (a)(2)(A)(i) or establishes a modified cording to the process and criteria estab- during the period beginning on January 1, code or standard under subsection (a)(2)(B), lished under section 5309(c) of title 49, United 2010, and ending on December 31, 2019; not later than 2 years after the determina- States Code, for major capital investments ‘‘(B) 50 percent, with respect to each edi- tion or proposal, each State shall certify and section 5309(d) of title 49, United States tion of a model code or standard published that the State has reviewed and updated the Code for other projects. on or after January 1, 2020; and provisions of the residential and commercial (3) TERMS AND CONDITIONS.—Grant funds ‘‘(C) targets for intermediate and subse- building codes of the State regarding energy awarded under this subsection shall be sub- quent years, to be established by the Sec- efficiency. ject to the terms and conditions applicable retary not less than 3 years before the begin- ‘‘(B) ENERGY SAVINGS.—A certification to a grant made under section 5309 of title 49, ning on each target year, in coordination under subparagraph (A) shall include a dem- United States Code. with IECC and ASHRAE Standard 90.1 cy- onstration that the applicable provisions of (i) GRANTS FOR TRANSPORTATION ALTER- cles, at the maximum level of energy effi- the State code meet or exceed— NATIVES AND TRAVEL DEMAND REDUCTION ciency that is technologically feasible and ‘‘(i) the modified code or standard; or PROJECTS.— lifecycle cost-effective. ‘‘(ii) the quantity of energy savings rep- (1) IN GENERAL.—Of the funds deposited ‘‘(2) REVISIONS TO IECC AND ASHRAE.— resented by the modified code or standard. into the Transportation Sector Emission Re- ‘‘(A) IN GENERAL.—If the IECC or ASHRAE ‘‘(C) FAILURE TO DETERMINE.—If the Sec- duction Fund each year pursuant to sub- Standard 90.1 regarding building energy use retary fails to make a determination under section (e), 5 percent shall be awarded to des- is revised, not later than 1 year after the subsection (a)(2)(A)(i) by the date specified ignated recipients (as defined in section date of the revision, the Secretary shall de- in subsection (a)(2), or if the Secretary 5307(a) of title 49, United States Code) to as- termine whether the revision will— makes a negative determination, not later sist in reducing the direct and indirect ‘‘(i) improve energy efficiency in buildings; than 2 years after the specified date or the greenhouse gas emissions of the systems of and date of the determination, each State shall the designated recipients, through— ‘‘(ii) meet the energy savings goals de- certify that the State has— (A) programs to reduce vehicle miles trav- scribed in paragraph (1). ‘‘(i) reviewed the revised code or standard; eled; ‘‘(B) MODIFICATIONS.— and (B) bicycle and pedestrian infrastructure, ‘‘(i) IN GENERAL.—If the Secretary makes a ‘‘(ii) updated the provisions of the residen- including trail networks integrated with determination under subparagraph (A)(ii) tial and commercial building codes of the transportation plans or bicycle mode-share that a code or standard does not meet the State as necessary to meet or exceed, as ap- targets; and energy savings goals established under para- plicable— graph (1) or if a national model code or ‘‘(I) any provisions of a national code or (C) programs to establish or expand tele- standard is not updated for more than 3 standard determined to improve energy effi- commuting or car pool projects that do not years, not later than 1 year after the deter- ciency in buildings; or include new roadway capacity. mination or the expiration of the 3-year pe- ‘‘(II) energy savings achieved by those pro- (2) DISTRIBUTION OF FUNDS.—In determining riod, the Secretary shall establish a modified visions through other means. the recipients of grants under this sub- code or standard that meets the energy sav- ‘‘(c) ACHIEVEMENT OF COMPLIANCE BY section, applications shall be evaluated ings goals. STATES.— based on the total direct and indirect green- ‘‘(ii) REQUIREMENTS.— ‘‘(1) IN GENERAL.—Not later than 3 years house gas emissions reductions that are pro- ‘‘(I) ENERGY SAVINGS.—A modification to a after the date on which a State makes a cer- jected to result from the project and pro- code or standard under clause (i) shall— tification under subsection (b), the State jected reductions as a percentage of the total ‘‘(aa) achieve the maximum level of energy shall certify to the Secretary that the State direct and indirect emissions of an entity. savings that is technically feasible and has achieved compliance with the building (3) GOVERNMENT SHARE OF COSTS.—The Fed- lifecycle cost-effective; energy code that is the subject of the certifi- eral share of the cost of an activity funded ‘‘(bb) be achieved through an amendment cation. using amounts made available under this or supplement to the most recent revision of ‘‘(2) RATE OF COMPLIANCE.—The certifi- subsection may not exceed 80 percent of the the IECC or ASHRAE Standard 90.1 and tak- cation shall include documentation of the cost of the activity. ing into consideration other appropriate rate of compliance based on independent in- (4) TERMS AND CONDITIONS.—Except to the model codes and standards; and spections of a random sample of the new and extent inconsistent with the terms of this ‘‘(cc) incorporate available appliances, renovated buildings covered by the State subsection, grant funds awarded under this technologies, and construction practices. code during the preceding calendar year. subsection shall be subject to the terms and ‘‘(II) TREATMENT AS BASELINE.—A modifica- ‘‘(3) COMPLIANCE.—A State shall be consid- conditions applicable to a grant made under tion to a code or standard under clause (i) ered to achieve compliance for purposes of section 5307 of title 49, United States Code. shall serve as the baseline for the next appli- paragraph (1) if— (j) CONDITION FOR RECEIPT OF FUNDS.—To cable determination of the Secretary under ‘‘(A) at least 90 percent of new and ren- be eligible to receive funds under this sec- subparagraph (A)(i). ovated buildings covered by the State code tion, projects or activities must be part of an ‘‘(C) PUBLIC PARTICIPATION.—The Secretary during the preceding calendar year substan- integrated State-wide transportation plan shall— tially meet all the requirements of the code; that shall— ‘‘(i) publish in the Federal Register a no- or (1) include all modes of surface transpor- tice relating to each goal, determination, ‘‘(B) the estimated excess energy use of tation; and modification under this paragraph; and new and renovated buildings that did not (2) integrate transportation data collec- ‘‘(ii) provide an opportunity for public meet the requirements of the State code dur- tion, monitoring, planning, and modeling; comment regarding the goals, determina- ing the preceding calendar year, as compared (3) report on estimated greenhouse gas tions, and modifications. to a baseline of comparable buildings that emissions; ‘‘(b) STATE CERTIFICATION OF BUILDING EN- meet the requirements of the code, is not (4) be designed to reduce greenhouse gas ERGY CODE UPDATES.— more than 10 percent of the estimated energy emissions from the transportation sector; ‘‘(1) GENERAL CERTIFICATION.— use of all new and renovated buildings cov- and ‘‘(A) IN GENERAL.—Not later than 2 years ered by the State code during the preceding (5) be certified by the Administrator as after the date of enactment of the calendar year. consistent with the purposes of this Act. Lieberman-Warner Climate Security Act of ‘‘(d) FAILURE TO CERTIFY.— SEC. 612. UPDATING STATE BUILDING ENERGY 2008, each State shall certify to the Sec- ‘‘(1) EXTENSION OF DEADLINES.—The Sec- EFFICIENCY CODES. retary that the State has reviewed and up- retary shall extend a deadline for certifi- (a) IN GENERAL.—Section 304 of the Energy dated the provisions of the residential and cation by a State under subsection (b) or (c) Conservation and Production Act (42 U.S.C. commercial building codes of the State re- for not more than 1 additional year, if the 6833) is amended to read as follows: garding energy efficiency. State demonstrates to the satisfaction of the ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY ‘‘(B) ENERGY SAVINGS.—A certification Secretary that the State has made— EFFICIENCY CODES. under subparagraph (A) shall include a dem- ‘‘(A) a good faith effort to comply with the ‘‘(a) UPDATES.— onstration that the applicable provisions of certification requirement; and ‘‘(1) IN GENERAL.—Not later than 3 years the State code meet or exceed, as applica- ‘‘(B) significant progress with respect to after the date of enactment of the ble— the compliance. Lieberman-Warner Climate Security Act of ‘‘(i)(I) the IECC (2006) for residential build- ‘‘(2) NONCOMPLIANCE BY STATE.— 2008, and not less frequently every 3 years ings; or ‘‘(A) IN GENERAL.—A State that fails to thereafter, the Secretary shall support up- ‘‘(II) the ASHRAE Standard 90.1 (2004) for submit a certification required under sub- dating the national model building energy commercial buildings; or section (b) or (c), and to which an extension

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.099 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5075 is not provided under paragraph (1), shall be ‘‘(i) a residential building energy efficiency (A) each auction takes place during the pe- considered to be out of compliance with this code that meets or exceeds the requirements riod beginning 330 days before, and ending 60 section. of the IECC (2006) (or a successor code that is days before, the beginning of each calendar ‘‘(B) EFFECT ON LOCAL GOVERNMENTS.—A the subject of an affirmative determination year; and local government of a State that is out of by the Secretary under subsection (B) the interval between each auction is of compliance with this section may be consid- (a)(2)(A)(i)); and equal duration. ered to be in compliance with this section if ‘‘(ii) a commercial building energy effi- SEC. 614. STATE LEADERS IN REDUCING EMIS- the local government meets each applicable ciency code that meets or exceeds the re- SIONS. certification requirement of this section. quirements of the ASHRAE Standard 90.1 (a) ALLOCATION.— ‘‘(e) TECHNICAL ASSISTANCE.— (2004) (or a successor standard that is the (1) IN GENERAL.—Not later than 330 days ‘‘(1) IN GENERAL.—The Secretary shall pro- subject of an affirmative determination by before the beginning of each of calendar vide technical assistance (including building the Secretary under subsection (a)(2)(A)(i)); years 2012 through 2050, the Administrator energy analysis and design tools, building or shall allocate a percentage of the quantity of demonstrations, and design assistance and ‘‘(B) in the case of a State in which no emission allowances established pursuant to training) to ensure that national model statewide energy code exists for residential section 201(a) for the applicable calendar building energy codes and standards meet buildings or commercial buildings, or in year for distribution among States that, as the goals described in subsection (a)(1). which the State code fails to comply with determined by the Administrator, are lead- ‘‘(2) ASSISTANCE TO STATES.—The Secretary subparagraph (A), to a local government that ers in the effort of the United States to re- shall provide technical assistance to States— has adopted and is implementing residential duce greenhouse gas emissions and improve ‘‘(A) to implement this section, including and commercial building energy efficiency energy efficiency, in accordance with para- procedures for States to demonstrate that codes, as described in subparagraph (A). graph (2). the codes of the States achieve equivalent or ‘‘(4) TRAINING.—Of the amounts made (2) PERCENTAGES FOR ALLOCATION.—For greater energy savings than the national available to carry out this subsection, the each of calendar years 2012 through 2050, the model codes and standards; Secretary may use not more than $500,000 for Administrator shall distribute in accordance ‘‘(B) to improve and implement State resi- each State to train State and local officials with paragraph (1) the percentage of emis- dential and commercial building energy effi- to implement State or local energy codes in sion allowances specified in the following ciency codes; and accordance with a plan described in para- table: ‘‘(C) to otherwise promote the design and graph (3).’’. construction of energy-efficient buildings. (b) CONFORMING AMENDMENT.—Section 303 ‘‘(f) INCENTIVE FUNDING.— of the Energy Conservation and Production Percentage for ‘‘(1) IN GENERAL.—The Secretary shall pro- Act (42 U.S.C. 6832) is amended by adding at State leaders in vide incentive funding to States— reducing green- the end the following: ‘‘(A) to implement this section; and Calendar Year house gas emis- ‘‘(17) IECC.—The term ‘IECC’ means the ‘‘(B) to improve and implement State resi- sions and im- International Energy Conservation Code.’’. proving energy dential and commercial building energy effi- efficiency ciency codes, including increasing and SEC. 613. ENERGY EFFICIENCY AND CONSERVA- TION BLOCK GRANT PROGRAM. verifying compliance with the codes. (a) IN GENERAL.—In accordance with sub- 2012 ...... 4 ‘‘(2) AMOUNT.—In determining whether, and 2013 ...... 4 in what amount, to provide incentive fund- section (b), to fund the Energy Efficiency and Conservation Block Grant Program 2014 ...... 4 ing under this subsection, the Secretary 2015 ...... 4 under subtitle E of title V of the Energy shall take into consideration actions pro- 2016 ...... 4.25 Independence and Security Act of 2007 (42 posed by the State— 2017 ...... 4.25 ‘‘(A) to implement this section; U.S.C. 17151 et seq.), for each of calendar 2018 ...... 4.55 ‘‘(B) to implement and improve residential years 2012 through 2050, the Administrator 2019 ...... 4.75 and commercial building energy efficiency shall— 2020 ...... 5 codes; and (1) auction 2 percent of the emission allow- 2021 ...... 5 ‘‘(C) to promote building energy efficiency ances established pursuant to section 201(a) 2022 ...... 6 through use of the codes. for the calendar year; and 2023 ...... 6.25 ‘‘(3) ADDITIONAL FUNDING.—The Secretary (2) immediately on completion of an auc- 2024 ...... 6.5 shall provide additional funding under this tion, transfer the proceeds of the auction to 2025 ...... 6.75 subsection for implementation of a plan to the Secretary of Energy for use in carrying 2026 ...... 7 demonstrate a rate of compliance with appli- out that block grant program. 2027 ...... 7.25 cable residential and commercial building (b) NUMBER; FREQUENCY.—For each cal- 2028 ...... 7.5 energy efficiency codes at a rate of not less endar year during the period described in 2029 ...... 7.75 than 90 percent, based on energy perform- subsection (a), the Administrator shall— 2030 ...... 8 ance— (1) conduct not fewer than 4 auctions; and 2031 ...... 9 ‘‘(A) to a State that has adopted and is im- (2) schedule the auctions in a manner to 2032 ...... 10 plementing, on a statewide basis— ensure that— 2033 ...... 10

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Percentage for sale of those emission allowances) under this leaders from renewable energy, efficiency State leaders in section for that calendar year for 1 or more and low-carbon industries, and other commu- reducing green- of the following purposes: nity-based stakeholders, in the development Calendar Year house gas emis- (A) To mitigate impacts on low-income en- of regional strategies to maximize the cre- sions and im- ergy consumers. ation of good, career-track jobs. proving energy (U) To develop and implement plans to an- efficiency (B) To promote energy efficiency (includ- ing support of electricity and natural gas de- ticipate and reduce the potential threats to 2034 ...... 10 mand reduction, waste minimization, and re- health resulting from climate change, in- 2035 ...... 10 cycling programs). cluding— 2036 ...... 10 (C) To promote investment in nonemitting (i) development, improvement, and inte- 2037 ...... 10 electricity generation technology, including gration of disease surveillance systems, 2038 ...... 10 planning for the siting of facilities employ- rapid response systems, and communication 2039 ...... 10 ing that technology in States (including in methods and materials; and 2040 ...... 10 territorial waters of States). (ii) identification and prioritization of vul- 2041 ...... 10 (D) To improve public transportation and nerable communities and populations. 2042 ...... 10 passenger rail service and otherwise promote (V) To fund any other purpose the States 2043 ...... 10 reductions in vehicle miles traveled. determine to be necessary to mitigate any 2044 ...... 10 (E) To encourage advances in energy tech- negative economic impacts as a result of— 2045 ...... 10 nology that reduce or sequester greenhouse (i) global warming; or 2046 ...... 10 gas emissions. (ii) new regulatory requirements as a re- 2047 ...... 10 (F) To address local or regional impacts of sult of this Act. 2048 ...... 10 climate change, including by accommo- (e) DEADLINE FOR USE.—A State shall dis- 2049 ...... 10 dating, protecting, or relocating affected tribute or sell emission allowances for use in 2050 ...... 10. communities and public infrastructure. accordance with subsection (c) by not later (G) To collect, evaluate, disseminate, and than January 1 of each emission allowance (b) REGULATIONS.—Not later than 2 years use information necessary for affected coast- allocation year. after the date of enactment of this Act, the al communities to adapt to climate change (f) RETURN OF ALLOWANCES.—Not later Administrator shall promulgate regulations (such as information derived from inunda- than 330 days before the end of each emission establishing a system for annually scoring tion prediction systems). allowance allocation year, each State shall historical State investments and achieve- (H) To mitigate obstacles to investment by return to the Administrator any emission al- ments in reducing greenhouse gas emissions new entrants in electricity generation mar- lowances allocated to the State for the pre- and increasing energy efficiency for purposes kets and energy-intensive manufacturing ceding calendar year but not distributed or of subsection (a). sectors. sold by the deadline described in subsection (c) DISTRIBUTION .— (I) To address local or regional impacts of (e). (1) IN GENERAL.—The emission allowances climate change policy, including providing (g) RECYCLING.—During any calendar year, available for allocation to States under sub- assistance to displaced workers. a State shall use not less than 5 percent of section (a) shall be distributed among the (J) To engage local and municipal govern- the quantity of emission allowances allo- States based on the proportion that, for a ments to provide capacity building and re- calendar year— lated technical assistance to local and mu- cated to the State (or proceeds of sale of (A) the score of the State, as determined nicipal low-carbon green job creation and those emission allowances) under this sec- under subsection (b); bears to workforce development programs. tion for increasing recycling rates through (B) the scores of all States, as determined (K) To mitigate impacts on carbon-inten- activities such as— under subsection (b). sive industries in internationally competi- (1) improving recycling infrastructure; (2) STATE CAP-AND-TRADE PROGRAMS.—Al- tive markets. (2) increasing public education on the ben- lowances under this section for any calendar (L) To reduce hazardous fuels and prevent efits of recycling, particularly with respect year shall be distributed to— and suppress wildland fire. to greenhouse gases; (A) States that have never established (M) To fund rural, municipal, and agricul- (3) improving residential, commercial, and State or regional cap-and-trade programs for tural water projects that are consistent with industrial collection of recyclables; greenhouse gas emissions; and the sustainable use of water resources. (4) increasing recycling efficiency; (B) States that did establish State or re- (N) To improve recycling infrastructure. (5) increasing recycling yields; and gional cap-and-trade programs for green- (O) To increase public education on the (6) improving the quality and usefulness of house gas emissions and that, not later than benefits of recycling, particularly with re- recycled materials. the beginning of the applicable calendar spect to greenhouse gases. (h) HOME HEATING OIL.—During any cal- year— (P) To improve residential, commercial, endar year, any State that ranks among the (i) chose to transition the programs into and industrial collection of recyclables. top 20 States in terms of annual usage of the national system established by this Act; (Q) To improve recycling system effi- home heating oil, as determined by the Sec- and ciency. retary of Energy, shall use not less than 5 (ii) completed the transition and discon- (R) To increase recycling yields. percent of the quantity of emission allow- tinued the State or regional cap-and-trade (S) To improve the quality and usefulness ances allocated to the State (or proceeds of programs. of recycled materials. the sale of those allowances) under this sec- (d) USE.— (T) To promote industry cluster or indus- tion for protecting consumers of home heat- (1) IN GENERAL.—During any calendar year, try sector strategies that involve public-pri- ing oil in the State from suffering hardship a State shall retire or use all emission allow- vate partnerships of State and local eco- as a result of any increases in home heating ances allocated to the State (or proceeds of nomic and workforce development agencies, oil prices.

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(i) REPORT.—A State receiving allowances (ii) Guam; tect, or, as necessary or applicable, to relo- under this section shall annually submit to (iii) American Samoa; cate the facilities or infrastructure; the appropriate congressional committees (iv) the Commonwealth of the Northern (C) to research and collect data using, or and the appropriate Federal agencies a re- Mariana Islands; and on matters such as— port describing the purposes for which the (v) the United States Virgin Islands. (i) historical shoreline position maps; State has used— (C) EXCLUSION.—The term ‘‘Coastal State’’ (ii) historical shoreline erosion rates; (1) the allowances received under this sec- does not include the State of Alaska. (iii) inventories of shoreline features and tion; and (2) COASTAL WATERSHED.—The term ‘‘coast- conditions; (2) the proceeds of the sale by the State of al watershed’’ means a geographical area (iv) acquisition of high-resolution topog- allowances received under this section. drained into or contributing water to an es- raphy and bathymetry; Subtitle C—Partnerships With States and tuarine area, an ocean, or a Great Lake, all (v) sea level rise inundation models; Indian Tribes to Adapt to Climate Change or a portion of which is within the coastal (vi) storm surge sea level rise linked inun- zone (as defined in section 304 of the Coastal dation models; SEC. 621. ALLOCATION. Zone Management Act of 1972 (16 U.S.C. (vii) shoreline change modeling based on (a) IN GENERAL.—Not later than 330 days 1453)). sea level rise projections; before the beginning of each of calendar (3) GREAT LAKE.—The term ‘‘Great Lake’’ (viii) sea level rise vulnerability analyses years 2012 through 2050, the Administrator means— and socioeconomic studies; and shall allocate a percentage of the quantity of (A) Lake Erie; (ix) environmental and habitat changes as- emission allowances established pursuant to (B) Lake Huron (including Lake Saint sociated with sea level rise; and section 201(a) for the applicable calendar Clair); (D) to respond to— year for distribution among States and In- (C) Lake Michigan; (i) changes in chemical characteristics (in- dian tribes for activities carried out in re- (D) Lake Ontario; cluding ocean acidification) and physical sponse to the impacts of global climate (E) Lake Superior; and characteristics (including thermal stratifica- change, in accordance with subsection (b). (F) the connecting channels of those tion) of marine systems; (b) PERCENTAGES FOR ALLOCATION.—For Lakes, including— each of calendar years 2012 through 2050, the (ii) saltwater intrusion into groundwater (i) the Saint Marys River; aquifers; Administrator shall distribute in accordance (ii) the Saint Clair River; with subsection (a) the percentage of emis- (iii) increased harmful algae blooms; (iii) the Detroit River; (iv) spread of invasive species; sion allowances specified in the following (iv) the Niagara River; and table: (v) habitat loss (particularly loss of coastal (v) the Saint Lawrence River to the Cana- wetland); dian border. (vi) species migrations; and Percentage for (4) SHORELINE MILES.—The term ‘‘shoreline (vii) marine, estuarine, and freshwater eco- States and In- miles’’, with respect to a Coastal State, system changes associated with climate Calendar Year dian tribes for means the mileage of tidal shoreline or change. adaptation ac- Great Lake shoreline of the Coastal State, tivities (3) COORDINATION.—In carrying out this based on the most recently available data subsection, a Coastal State shall coordinate 2012 ...... 3 from or accepted by the National Ocean with the Administrator and the heads of 2013 ...... 3 Service of the National Oceanic and Atmos- other appropriate Federal agencies to en- 2014 ...... 3 pheric Administration. sure, to the maximum extent practicable, an (b) ALLOCATION.—Of the emission allow- efficient and effective use of emission allow- 2015 ...... 3 ances allocated each year pursuant to sec- 2016 ...... 3 .25 ances (or proceeds of sale of those emission tion 621, the Administrator shall allocate 40 allowances) allocated under this section. 2017 ...... 3 .25 percent to Coastal States. (4) TECHNICAL ASSISTANCE AND TRAINING.— 2018 ...... 3 .25 (c) DISTRIBUTION.—The emission allow- 2019 ...... 3 .25 ances available for allocation under sub- The Administrator and the heads of such 2020 ...... 3 .25 section (b) for a calendar year shall be dis- other Federal agencies as are appropriate, 2021 ...... 3 .25 tributed among Coastal States, as follows: including the National Oceanic and Atmos- 2022 ...... 3 .25 (1) 50 percent based on the proportion pheric Administration, Environmental Pro- 2023 ...... 3 .25 that— tection Agency, United States Geological 2024 ...... 3 .25 (A) the number of shoreline miles of a Survey, Department of the Interior, Corps of 2025 ...... 3 .25 Coastal State; bears to Engineers, and Department of Transpor- 2026 ...... 3 .5 (B) the total number of shoreline miles of tation, shall provide technical assistance and 2027 ...... 3 .5 all Coastal States. training for State and local officials to assist 2028 ...... 3 .5 (2) 30 percent based on the proportion Coastal States in carrying out this sub- 2029 ...... 3 .5 that— section. 2030 ...... 3 .5 (A) the population of a Coastal State; bears (5) INSTITUTIONS OF HIGHER EDUCATION PAR- 2031 ...... 4 to TICIPATION.—If appropriate, institutions of 2032 ...... 4 (B) the total population of all Coastal higher education should use the expertise 2033 ...... 4 States. and research capacity of the institutions to 2034 ...... 4 (3) 20 percent divided equally among all carry out the goals of this subsection, spe- 2035 ...... 4 Coastal States. cifically with regard to conducting the re- 2036 ...... 4 (d) USE OF EMISSION ALLOWANCES OR PRO- search and planning necessary to respond to 2037 ...... 4 CEEDS.— the impacts on coastal areas from climate 2038 ...... 4 (1) IN GENERAL.—During any calendar year, change. 2039 ...... 4 a Coastal State receiving emission allow- (e) RETURN OF UNUSED EMISSION ALLOW- 2040 ...... 4 ances under this section shall use the emis- ANCES.—Any Coastal State receiving emis- 2041 ...... 4 sion allowances (or proceeds of sale of those sion allowances under this section shall re- 2042 ...... 4 emission allowances) only for projects and turn to the Administrator any such emission 2043 ...... 4 activities to plan for and address the impacts allowances that the Coastal State has failed 2044 ...... 4 of climate change in the coastal watershed. to use in accordance with subsection (d) by 2045 ...... 4 (2) SPECIFIC USES.—The projects and activi- not later than 5 years after the date of re- 2046 ...... 4 ties described in paragraph (1) shall include ceipt of the emission allowances from the 2047 ...... 4 projects and activities— Administrator. 2048 ...... 4 (A) to address the impacts of climate (f) USE OF RETURNED EMISSION ALLOW- 2049 ...... 4 change with respect to— ANCES.—The Administrator shall, in accord- 2050 ...... 4 . (i) accelerated sea level rise and lake level ance with subsection (c), distribute any changes; emission allowances returned to the Admin- SEC. 622. COASTAL IMPACTS. (ii) shoreline erosion; istrator under subsection (e) to States other (a) DEFINITIONS.—In this section: (iii) increased storm frequency or inten- than the State that returned those allow- (1) COASTAL STATE.— sity; ances to the Administrator. (A) IN GENERAL.—The term ‘‘Coastal (iv) changes in rainfall; and (g) REPORT.—A State receiving allowances State’’ means any State that borders on 1 or (v) related flooding; under this section shall annually submit to more of the Atlantic Ocean, the Gulf of Mex- (B) to identify public facilities and infra- the appropriate congressional committees ico, the Pacific Ocean, the Arctic Ocean, or structure, coastal resources of national sig- and the appropriate Federal agencies a re- a Great Lake. nificance, public energy facilities, or other port describing the purposes for which the (B) INCLUSIONS.—The term ‘‘Coastal State’’ public water uses located in the coastal wa- State has used— includes— tershed that are affected by climate change, (1) the allowances received under this sec- (i) the Commonwealth of Puerto Rico; including the development of plans to pro- tion; and

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.099 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5078 CONGRESSIONAL RECORD — SENATE June 4, 2008 (2) the proceeds of the sale by the State of (2) the proceeds of the sale by the State of (A) conduct not fewer than 4 auctions; and allowances received under this section. allowances received under this section. (B) schedule the auctions in a manner to SEC. 623. IMPACTS ON WATER RESOURCES AND SEC. 625. IMPACTS ON INDIAN TRIBES. ensure that— AGRICULTURE. (a) PURPOSES.—The purposes of this section (i) each auction takes place during the pe- (a) IN GENERAL.—Of the emission allow- are— riod beginning 330 days before, and ending 60 ances allocated each year pursuant to sec- (1) to demonstrate the commitment of the days before, the beginning of each calendar tion 621, the Administrator shall allocate 25 United States to maintaining the unique and year; and percent to the States facing the earliest and continuing relationship of the United States (ii) the interval between each auction is of most severe impacts on the availability of with, and responsibility of the United States equal duration. freshwater and on agriculture, as determined to, Indian tribes; (e) USE OF FUNDS.— by the Administrator. (2) to recognize the obligation of the (1) IN GENERAL.—Amounts deposited in the (b) USE.— United States to prepare for the likely dis- Tribal Climate Change Assistance Fund (1) IN GENERAL.—For each calendar year, a proportionate consequences of global climate under subsection (d)(1)(B) that are in excess State receiving emission allowances under change facing Indian tribes located through- of amounts appropriated for the applicable this section shall use the allowances, or the out the United States; fiscal year to carry out the Indian Environ- proceeds from the sale of the allowances, (3) to establish, in accordance with the mental General Assistance Program Act of only for projects and activities to plan for principles of self-determination and govern- 1992 (42 U.S.C. 4368b) and sections 103 and and address the impacts of climate change ment-to-government consultation, cost-effi- 360(d) of the Clean Air Act (42 U.S.C. 7403, on water resources. cient mechanisms to provide for meaningful 7601(d)) shall be made available, without fur- (2) REGIONALLY-SPECIFIC ANALYSIS.—In de- participation by Indian tribes in the plan- ther appropriation or fiscal year limitation, veloping State programs under paragraph (1), ning, implementation, and administration of to the Administrator to carry out the pro- a State shall develop a regionally-specific programs and services authorized by this gram established under subsection (b) in ac- analysis of the potential climate-change im- Act; cordance with the purposes described in pacts on local water resources. (4) to support and assist Indian tribes in paragraph (2). (3) IMPLEMENTATION PRIORITIES.—Imple- the development of strong and stable tribal (2) PURPOSES.—The Administrator shall mentation priorities shall be developed governments that are capable of admin- use amounts in the Tribal Climate Change through an integrated analysis of a full istering innovative programs and economic Assistance Fund— range of water management alternatives (in- development initiatives in the face of global (A) to provide assistance to Indian tribes cluding urban and agricultural conservation, climate change; that face disruption or dislocation as a re- habitat and watershed protection and res- (5) to establish a self-sustaining Tribal Cli- sult of climate change; toration, wastewater recycling, groundwater mate Change Assistance Fund to address (B) to assist Indian tribes in planning and cleanup, nonstructural alternatives, flood- local and regional impacts of climate change designing agricultural, forestry, and other plain restoration, and urban stormwater affecting Indian tribes, now and in the fu- land use-related projects in accordance with management) to direct funding to the most ture; the Indian Environmental General Assist- cost-effective strategies that will generate (6) to ensure that any proceeds from the ance Program Act of 1992 (42 U.S.C. 4368b); significant net environmental benefits. sale of emission allowances allocated for In- (C) to assist Indian tribes in the collection (4) SPECIFIC USES.—Projects and activities dian tribes are soundly invested and distrib- of greenhouse gas and other air quality data under this subsection shall include projects uted by the Administrator through direct through the Indian Environmental General and activities— consultation with Indian tribes as bene- Assistance Program Act of 1992 (42 U.S.C. (A) to promote investment in research into ficiaries; and 4368b) and the Clean Air Act (42 U.S.C. 7401 et the impacts of climate change on water re- (7) to authorize the Administrator to dis- seq.); source planning; tribute, by regulation, funds to Indian tribes (D) to mitigate impacts on low-income In- (B) to promote water resource planning; in accordance with the principles established dian energy consumers; (C) to develop and implement sustainable by the Indian Self-Determination and Edu- (E) to promote energy efficiency (including strategies for adapting to climate change; cation Assistance Act (25 U.S.C. 450 et seq.), support of electricity and natural gas de- and in consultation with the Secretary of the In- mand reduction, waste minimization, and re- (D) to implement measures to reduce the terior and Indian tribes, not later than 5 cycling programs); greenhouse gas emissions of water utilities. years after the date of enactment of this (F) to promote investment in nonemitting (c) REPORT.—A State receiving allowances Act. electricity generation technology, including under this section shall annually submit to (b) ESTABLISHMENT OF PROGRAM.— planning for the siting of facilities employ- the appropriate congressional committees (1) IN GENERAL.—Not later than 2 years ing that technology on tribal land; and the appropriate Federal agencies a re- after the date of enactment of this Act, the (G) to collect, evaluate, disseminate, and port describing the purposes for which the Administrator shall establish a program— use information necessary for affected coast- State has used— (A) to assist Indian tribes in addressing al tribal communities to adapt to climate (1) the allowances received under this sec- local and regional impacts of climate change change (such as information derived from in- tion; and in accordance with subsection (a); and undation prediction systems); (2) the proceeds of the sale by the State of (B) to distribute proceeds from the Tribal (H) to address local or regional impacts of allowances received under this section. Climate Change Assistance Fund established climate change policy, including providing SEC. 624. IMPACTS ON ALASKA. by subsection (c) on an annual basis, begin- assistance to displaced workers; (a) ALLOCATION.—Of the allowances allo- ning not later than January 1, 2011. (I) to reduce hazardous fuels and prevent cated for each year pursuant to section 621, (2) REGULATIONS.—The Administrator shall and suppress wildland fire; the Administrator shall allocate 20 percent promulgate such regulations as are nec- (J) to fund rural, municipal, and agricul- of the allowances to the State of Alaska for essary to establish and carry out the pro- tural water projects that are consistent with the uses described in subsection (b). gram described in paragraph (1)— the sustainable use of water resources; and (b) USE.— (A) in accordance with subchapter IV of (K) to fund any other purposes an Indian (1) IN GENERAL.—For each calendar year, chapter 5 of title 5, United States Code; and tribe determines to be necessary to mitigate emission allowances distributed to the State (B) in consultation with representatives of any negative economic impacts as a result of Alaska under this section, or the proceeds Indian tribes located in each region of the of— from the sale of the allowances, shall be used Environmental Protection Agency. (i) global warming; or only for projects and activities to plan for (c) FUND.—There is established in the (ii) new regulatory requirements as a re- and address the impacts of climate change Treasury of the United States a fund, to be sult of this Act. on the State and State residents. known as the ‘‘Tribal Climate Change Assist- (f) NO TRIBAL AUTHORITY REQUIREMENT.— (2) STATE-SPECIFIC ANALYSIS.—In order to ance Fund’’. The Administrator shall not require Indian receive allowances under this section, the (d) AUCTIONS.— tribes to obtain tribal authority under sec- State of Alaska shall develop a State-spe- (1) IN GENERAL.—In accordance with para- tion 360(d) of the Clean Air Act (42 U.S.C. cific analysis of the potential climate- graph (2), to raise funds for deposit in the 7601(d)) as a condition of participation in any change impacts on residents of the State. Tribal Climate Change Assistance Fund, for program authorized by this subtitle. (3) IMPLEMENTATION PRIORITIES.—Imple- each of calendar years 2012 through 2050, the (g) REPORT.—An Indian tribe receiving al- mentation priorities shall be developed Administrator shall— lowances under this section shall annually through an integrated analysis of impacts (A) auction 15 percent of the emission al- submit to the appropriate congressional and strategies. lowances allocated pursuant to section 621 committees and the appropriate Federal (c) REPORT.—The State of Alaska shall an- for the calendar year; and agencies a report describing the purposes for nually submit to the appropriate congres- (B) immediately on completion of the auc- which the Indian tribe has used— sional committees and the appropriate Fed- tion, deposit proceeds of the auction in the (1) the allowances received under this sec- eral agencies a report describing the pur- Tribal Climate Change Assistance Fund. tion; and poses for which the State has used— (2) NUMBER; FREQUENCY.—For each cal- (2) the proceeds of the sale by the Indian (1) the allowances received under this sec- endar year during the period described in tribe of allowances received under this sec- tion; and paragraph (1), the Administrator shall— tion

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Subtitle D—Partnerships With States, Local- (2) USE OF PROCEEDS.—Amounts deposited other climate-related events that are harm- ities, and Indian Tribes to Protect Natural in the Fund under paragraph (1) shall be ful to fish, wildlife, and individuals; Resources made available, without further appropria- (D) the potential for conservation of spe- SEC. 631. STATE WILDLIFE ADAPTATION FUND. tion or fiscal year limitation, to the Sec- cies or habitat types at serious risk due to (a) ESTABLISHMENT.—There is established retary of the Interior for distribution to climate change, ocean acidification, and in the Treasury of the United States a fund, States through the Wildlife Conservation other stressors; and to be known as the ‘‘State Wildlife Adapta- and Restoration Account established under (E) the potential to provide enhanced ac- tion Fund’’ (referred to in this section as the section 3(a)(2) of the Pittman-Robertson cess to land and water for fishing, hunting, ‘‘Fund’’). Wildlife Restoration Act (16 U.S.C. and other public recreational uses. (b) AUCTIONS.— 669b(a)(2)), to carry out adaptation activities SEC. 632. COST-SHARING. in accordance with comprehensive State ad- (1) IN GENERAL.—In accordance with para- Notwithstanding any other provision of aptation strategies, as described in section graph (2) and subsection (c), for each of cal- law, a State or Indian tribe that receives a 633. endar years 2012 through 2050, the Adminis- grant under section 631 shall provide 10 per- trator shall auction a percentage of emission (e) LAND AND WATER CONSERVATION.— cent of the costs of each activity carried out allowances established for the calendar year (1) DEPOSIT.—As soon as practicable after using the grant. pursuant to section 201(a) to raise funds for conducting an auction under subsection (b), deposit in the Fund. the Administrator shall deposit 22 percent of SEC. 633. STATE COMPREHENSIVE ADAPTATION STRATEGIES. (2) NUMBER; FREQUENCY.—For each cal- the proceeds of the auction in the Land and endar year during the period described in Water Conservation Fund established under (a) IN GENERAL.—Except as provided in paragraph (1), the Administrator shall— section 2 of the Land and Water Conserva- subsection (b), amounts made available to (A) conduct not fewer than 4 auctions; and tion Fund Act of 1965 (16 U.S.C. 460l–5). States pursuant to this subtitle shall be used (B) schedule the auctions in a manner to (2) USE.—Deposits to the Land and Water only for activities that are consistent with a ensure that— Conservation Fund under paragraph (1) State strategy that has been approved by— (i) each auction takes place during the pe- shall— (1) the Secretary of the Interior; and riod beginning 330 days before, and ending 60 (A) be supplemental to amounts appro- (2) for any State with a coastal zone (with- days before, the beginning of each calendar priated pursuant to section 3 of the Land and in the meaning of the Coastal Zone Manage- year; and Water Conservation Fund Act of 1965 (16 ment Act of 1972 (16 U.S.C. 1451 et seq.)), by (ii) the interval between each auction is of U.S.C. 460l–6), which shall remain available the Secretary of Commerce, subject to the equal duration. for nonadaptation needs; and condition that approval by the Secretary of (c) QUANTITIES OF EMISSION ALLOWANCES (B) notwithstanding section 3 of the Land Commerce shall be required only for those AUCTIONED.—For each calendar year of the and Water Conservation Fund Act of 1965 (16 portions of the strategy relating to activities period described in subsection (b)(1), the Ad- U.S.C. 460l–6), be available without further affecting the coastal zone. ministrator shall auction a quantity of emis- appropriation or fiscal year limitation. (b) INITIAL RECEIPT OF FUNDS.— sion allowances in accordance with the ap- (3) ALLOCATIONS.—Of the amounts depos- (1) IN GENERAL.—Until the earlier of the plicable percentages described in the fol- ited in the Land and Water Conservation date that is 3 years after the date of enact- lowing table: Fund under paragraph (1)— ment of this Act or the date on which a (A) 1⁄6 shall be allocated to the Secretary of State receives approval for a State strategy, Percentage the Interior and made available on a com- a State shall be eligible to receive funds Calendar year for auction petitive basis to carry out adaptation activi- under this subtitle for adaptation activities for Fund ties through the acquisition of land and in- that are— terests in land under section 6 of the Land (A) consistent with the comprehensive 2012 ...... 2 and Water Conservation Fund Act of 1965 (16 wildlife strategy of the State and, if appro- 2013 ...... 2 U.S.C. 460l–8)— priate, other fish, wildlife, and conservation 2014 ...... 2 (i) to States, in accordance with com- strategies; and 2015 ...... 2 prehensive wildlife conservation strategies, (B) in accordance with a workplan devel- 2016 ...... 2 and to Indian tribes; oped in coordination with— 2017 ...... 2 (ii) notwithstanding section 5 of that Act (i) the Secretary of the Interior; and 2018 ...... 2 (16 U.S.C. 460l–7); and (ii) for any State with a coastal zone (with- 2019 ...... 2 (iii) in addition to grants provided pursu- in the meaning of the Coastal Zone Manage- 2020 ...... 2 ant to— ment Act (16 U.S.C. 1451 et seq.)), the Sec- 2021 ...... 2 (I) annual appropriations Acts; retary of Commerce, subject to the condition 2022 ...... 2 (II) the Energy Policy Act of 2005 (42 U.S.C. that coordination with the Secretary of 2023 ...... 2 15801 et seq.); or Commerce shall be required only for those 2024 ...... 3 (III) any other authorization for non- portions of the strategy relating to activities 2025 ...... 3 adaptation needs; affecting the coastal zone. 2026 ...... 3 (B) 1⁄3 shall be allocated to the Secretary of (2) PENDING APPROVAL.—During the period 2027 ...... 4 the Interior to carry out adaptation activi- for which approval by the applicable Sec- 2028 ...... 4 ties through the acquisition of land and in- retary of a State strategy described in para- 2029 ...... 4 terests in land under section 7 of the Land graph (1) is pending, the State may continue 2030 ...... 4 and Water Conservation Fund Act of 1965 (16 receiving funds under this subtitle pursuant 2031 ...... 4 U.S.C. 460l–9); to the workplan described paragraph (1)(B). 2032 ...... 4 (C) 1⁄6 shall be allocated to the Secretary of (c) REQUIREMENTS.—A State strategy 2033 ...... 4 Agriculture and made available to the States shall— 2034 ...... 4 to carry out adaptation activities through (1) describe the impacts of climate change 2035 ...... 4 the acquisition of land and interests in land and ocean acidification on the diversity and 2036 ...... 4 under section 7 of the Forest Legacy Pro- health of the fish, wildlife, and plant popu- 2037 ...... 4 gram under the Cooperative Forestry Assist- lations, habitats, aquatic and terrestrial eco- 2038 ...... 4 ance Act of 1978 (16 U.S.C. 2103c); and systems, and associated ecological processes; 2039 ...... 4 (D) 1⁄3 shall be allocated to the Secretary of (2) describe and prioritize proposed con- 2040 ...... 4 Agriculture to carry out adaptation activi- servation, protection, and restoration ac- 2041 ...... 4 ties through the acquisition of land and in- tions to assist fish, wildlife, aquatic and ter- 2042 ...... 4 terests in land under section 7 of the Land restrial ecosystems, and plant populations in 2043 ...... 4 and Water Conservation Fund Act of 1965 (16 adapting to those impacts; 2044 ...... 4 U.S.C. 460l–9). (3) establish programs for monitoring the 2045 ...... 4 (4) EXPENDITURE OF FUNDS.—In allocating impacts of climate change on fish, wildlife, 2046 ...... 4 funds under paragraph (2), the Secretary of and plant populations, habitats, aquatic and 2047 ...... 4 the Interior and the Secretary of Agriculture terrestrial ecosystems, and associated eco- 2048 ...... 4 shall take into consideration factors includ- logical processes; 2049 ...... 4 ing— (4) include strategies, specific conserva- 2050 ...... 4. (A) the availability of non-Federal con- tion, protection, and restoration actions, and tributions from State, local, or private a timeframe for implementing conservation (d) PITTMAN-ROBERTSON WILDLIFE RES- sources; actions for fish, wildlife, and plant popu- TORATION PROGRAM.— (B) opportunities to protect wildlife cor- lations, habitats, aquatic and terrestrial eco- (1) DEPOSIT.—As soon as practicable after ridors or otherwise to link or consolidate systems, and associated ecological processes; conducting an auction under subsection (b), fragmented habitats; (5) establish methods for— the Administrator shall deposit 78 percent of (C) opportunities to reduce the risk of cat- (A) assessing the effectiveness of conserva- the proceeds of the auction in the Fund. astrophic wildfires, extreme flooding, or tion, protection, and restoration actions

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REGULATIONS. carbon dioxide the emission of which by the systems and associated ecological processes Not later than 2 years after the date of en- eligible facility was avoided as a result of in adapting to those impacts; and actment of this Act, the Administrator shall the repowering, during the period beginning (B) updating those actions to respond ap- promulgate regulations establishing a pro- on the date on which the repowering began propriately to new information or changing gram, to be known as the ‘‘Early Action Pro- and ending on the date of enactment of this conditions; gram’’, for distributing emission allowances Act; and (6) be developed— to entities that emit greenhouse gas in the (2) the aggregate quantity of emission al- (A) with the participation of the State fish United States, in recognition of verified lowances that, as a result of the lower an- and wildlife agency, the State agency re- greenhouse gas emission reductions that— nual carbon dioxide emissions resulting from sponsible for administration of Land and (1) occurred before the date of promulga- the repowering, will not be distributed to the Water Conservation Fund grants, the State tion of the regulations; and owner or operator of the facility pursuant to Forest Legacy Program coordinator, the (2) resulted from actions taken by the enti- subtitle F of title V. State environmental agency, and the State ties after January 1, 1994, and before the date (c) LIMITATION.—Notwithstanding sub- coastal agency; and of enactment of this Act. section (b), the total quantity of emission al- lowances distributed pursuant to this section (B) in coordination with the Secretary of SEC. 702. ALLOCATION. shall not exceed 80,000,000. the Interior and, if applicable, the Secretary Not later than 2 years after the date of en- of Commerce; actment of this Act, the Administrator shall SEC. 706. DISTRIBUTION TO CARBON CAPTURE AND SEQUESTRATION PROJECTS. (7) provide for solicitation and consider- allocate to the Early Action Program estab- (a) DEFINITION OF ELIGIBLE PROJECT.—In lished under section 701 quantities of the ation of public and independent scientific this section, the term ‘‘eligible project’’ emission allowances established for calendar input; means a carbon capture and sequestration years 2012 through 2025 pursuant to section (8) include strategies that engage youth project associated with an anthropogenic 201(a), in accordance with the following and young adults (including youth and young source of carbon dioxide in the United table: adults working in full-time or part-time States, the performance of which is mon- youth service or conservation corps pro- itored by a network developed by an inter- grams) to provide the youth and young Percentage national collaborative government and in- adults with opportunities for meaningful Calendar year for allocation dustry research program. conservation and community service, and to to Early Ac- (b) DISTRIBUTION.—The regulations estab- tion Program encourage opportunities for employment in lished pursuant to section 701 shall provide the private sector through partnerships with for the distribution of emission allowances 2012 ...... 5 employers; to eligible projects. 2013 ...... 5 (9) take into consideration research and in- (c) LIMITATION.—Notwithstanding sub- 2014 ...... 5 formation contained in, and coordinate with section (b), the total quantity of emission al- 2015 ...... 4 and integrate the goals and measures identi- lowances distributed pursuant to this section 2016 ...... 3 fied in, as appropriate, other fish, wildlife, shall not exceed 25,000,000. 2017 ...... 3 aquatic and terrestrial ecosystems, and habi- 2018 ...... 1 TITLE VIII—EFFICIENCY AND RENEWABLE tat conservation strategies, including— 2019 ...... 1 ENERGY (A) the national fish habitat action plan; 2020 ...... 1 Subtitle A—Efficient Buildings (B) plans under the North American Wet- 2021 ...... 1 SEC. 801. ALLOCATION. lands Conservation Act (16 U.S.C. 4401 et 2022 ...... 1 Not later than 330 days before the begin- seq.); 2023 ...... 1 ning of each of calendar years 2012 through (C) the Federal, State, and local partner- 2024 ...... 1 2050, the Administrator shall allocate to the ship known as ‘‘Partners in Flight’’; 2025 ...... 1. Climate Change Technology Board estab- (D) federally approved coastal zone man- lished by section 431 0.75 percent of the emis- agement plans under the Coastal Zone Man- SEC. 703. GENERAL DISTRIBUTION. sion allowances established pursuant to sec- agement Act of 1972 (16 U.S.C. 1451 et seq.); Not later than 4 years after the date of en- tion 201(a) for that calendar year, for the (E) federally approved regional fishery actment of this Act, the Administrator shall purpose of conducting the Efficient Build- management plans and habitat conservation complete distribution to entities described ings Allowance Program established pursu- activities under the Magnuson Fishery Con- in section 701 of all emission allowances allo- ant to section 802. servation and Management Act (16 U.S.C. cated to the Early Action Program under SEC. 802. EFFICIENT BUILDINGS ALLOWANCE 1801 et seq.); section 702. PROGRAM. (F) the national coral reef action plan; SEC. 704. DISTRIBUTION TO ENTITIES HOLDING (a) IN GENERAL.—The Climate Change (G) recovery plans for threatened species STATE EMISSION ALLOWANCES. Technology Board shall establish and carry and endangered species under section 4(f) of (a) DEFINITION OF ELIGIBLE ENTITY.—In this out a program, to be known as the ‘‘Efficient the Endangered Species Act of 1973 (16 U.S.C. section, the term ‘‘eligible entity’’ means an Buildings Allowance Program,’’ for distrib- 1533(f)); entity that— uting the emission allowances allocated pur- (H) habitat conservation plans under sec- (1) is located in the United States; and suant to section 801 among owners of build- tion 10 of that Act (16 U.S.C. 1539); (2) as of December 31, 2011, holds emission ings in the United States as reward for con- (I) other Federal and State plans for imper- allowances issued— structing highly-efficient buildings in the iled species; (A) by the State of California; or United States and for increasing the effi- (J) the United States shorebird conserva- (B) for the Regional Greenhouse Gas Initia- ciency of existing buildings in the United tion plan; tive. States. (K) the North American waterbird con- (b) DISTRIBUTION.—Of the quantity of emis- (b) REQUIREMENTS.—Emission allowances servation plan; sion allowances allocated for the Early Ac- shall be distributed under this section to (L) federally approved watershed plans tion Program under section 702, each eligible owners of buildings in the United States under the Federal Water Pollution Control entity shall receive emission allowances suf- based on the extent to which projects relat- Act (33 U.S.C. 1251 et seq.); and ficient to compensate the eligible entity for ing to the buildings of the owners result in (M) other State-based strategies that com- the cost to the eligible entity of obtaining verifiable, additional, and enforceable im- prehensively implement adaptation activi- and holding the emission allowances under provements in energy performance— ties to remediate the effects of climate subsection (a)(2). (1) in new or renovated buildings that dem- change and ocean acidification on fish, wild- SEC. 705. DISTRIBUTION TO POWER PLANTS onstrate exemplary performance by achiev- life, habitats, and aquatic and terrestrial THAT REPOWERED PURSUANT TO ing a minimum score of 75 on the ecosystems; and CONSENT DECREES. benchmarking tool of the Energy Star pro- (10) be incorporated into a revision of the (a) DEFINITION OF ELIGIBLE FACILITY.—In gram established by section 324A of the En- comprehensive wildlife conservation strat- this section, the term ‘‘eligible facility’’ ergy Policy and Conservation Act (42 U.S.C. egy of a State— means an electricity generating facility 6294a), or an equivalent score on an estab- (A) that has been submitted to the United that— lished energy performance benchmarking States Fish and Wildlife Service; and (1) is located in the United States; and metric selected by the Climate Change Tech- (B)(i) that has been approved by the Serv- (2) repowered from coal before January 1, nology Board; and ice; or 2005, pursuant to a consent decree. (2) in retrofitted existing buildings that (ii) on which a decision on approval is (b) DISTRIBUTION.—Subject to subsection demonstrate substantial improvement in the (c), of the quantity of emission allowances pending. score or rating on that benchmarking tool allocated for the Early Action Program by a minimum of 30 points, or an equivalent (d) UPDATING.—Each State strategy under under section 702, each owner or operator of improvement using an established perform- this section shall be updated not less fre- an eligible facility shall receive a quantity ance benchmarking metric selected by the quently than once every 5 years. of emission allowances equal to the sum of— Climate Change Technology Board.

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(c) PRIORITY.—In distributing the allow- 2050, the Administrator shall allocate to the energy source, as reward for the start-up, ex- ances, priority shall given to projects— Climate Change Technology Board estab- pansion, and operation of the facilities. (1) completed by building owners with a lished by section 431 0.75 percent of the emis- (c) ADMINISTRATION.—In distributing emis- proven track record of building energy per- sion allowances established pursuant to sec- sion allowances pursuant to this section, the formance; or tion 201(a) for that calendar year, for the Climate Change Technology Board shall pro- (2) that result in measurable greenhouse purpose of conducting the Efficient Manufac- vide appropriate rewards for regulated inves- gas reduction benefits not encompassed turing Program established pursuant to sec- tor-owned utilities, municipal utilities, elec- within the metrics of the Energy Star pro- tion 822. tric cooperatives, and independent power gram described in subsection (b)(1). SEC. 822. EFFICIENT MANUFACTURING PRO- producers. GRAM. (d) LIMITATION.—A project may not receive Subtitle B—Efficient Equipment and a distribution of emission allowances under Appliances (a) IN GENERAL.—The Climate Change Technology Board shall establish and carry this section if the project— SEC. 811. ALLOCATION. (1) receives an award under subtitle A of out a program, to be known as the ‘‘Efficient title IX; or Not later than 330 days before the begin- Manufacturing Program,’’ to distribute the (2) is supported under subtitle A or subtitle ning of each of calendar years 2012 through emission allowances allocated pursuant to C of title III. 2050, the Administrator shall allocate to the section 821 among owners and operators of (e) REQUIREMENTS.— Climate Change Technology Board estab- manufacturing facilities in the United (1) IN GENERAL.—A reward of allowances for lished by section 431 0.75 percent of the emis- States, as reward for achieving high levels of sion allowances established pursuant to sec- construction, alteration, or repair under this efficiency in the operations of the owners subtitle shall be conditioned on a written as- tion 201(a) for that calendar year, for the and operators. purpose of conducting the Super-Efficient surance of payment, to all laborers and me- (b) REQUIREMENTS.—The Efficient Manu- chanics employed by contractors or sub- Equipment and Appliances Development facturing Program established pursuant to Program established pursuant to section 812. contractors for that work, of wages at rates subsection (a) shall provide that— not less than those prevailing on the same SEC. 812. SUPER-EFFICIENT EQUIPMENT AND AP- (1) the rewards of emission allowances PLIANCES DEPLOYMENT PROGRAM. types of work in the locality, as determined under the Program shall include rewards for by the Secretary of Labor in accordance with (a) IN GENERAL.—The Climate Change use of recycled material in manufacturing; sections 3141 through 3144, 3146, and 3147 of Technology Board shall establish and admin- and ister a program, to be known as the ‘‘Super- title 40, United States Code. (2) the Climate Change Technology Board (2) AUTHORITY OF SECRETARY OF LABOR.— Efficient Equipment and Appliances Deploy- shall give priority in distributing emission ment Program’’, to distribute the emission With respect to the labor standards described allowances to entities that— in paragraph (1), the Secretary of Labor shall allowances allocated pursuant to section 811 (A) document the greatest use of domesti- have the authority and functions established among retailers and distributors in the cally-sourced parts and components; in Reorganization Plan Number 14 of 1950 (5 United States as reward for increasing the (B) return to productive service existing U.S.C. App.) and section 3145 of title 40, sales by the retailers and distributors of idle manufacturing capacity; United States Code. high-efficiency building equipment, high-ef- (C) are located in States with the greatest TITLE IX—LOW-CARBON ELECTRICITY ficiency consumer electronics, and high-effi- availability of unemployed manufacturing AND ADVANCED RESEARCH ciency household appliances through mar- workers; keting strategies such as consumer rebates, (D) compensate workers, at a minimum, in Subtitle A—Low- and Zero-Carbon Electricity with the goal of minimizing life-cycle costs an amount that is equal to at least 100 per- Technology for consumers and maximizing public ben- cent of the State average manufacturing SEC. 901. DEFINITIONS. efit. wage, plus health insurance benefits; In this subtitle: (b) SIZE OF INDIVIDUAL REWARDS.—The size (E) demonstrate a high probability of com- (1) ENGINEERING INTEGRATION COSTS.—The of each reward for each product-type shall be mercial success; and term ‘‘engineering integration costs’’ in- determined by the Climate Change Tech- (F) achieve other criteria, as the Climate cludes the costs of engineering tasks relating nology Board, in consultation with the Ad- Change Technology Board determines to be to— ministrator, the Secretary of Energy, State appropriate. (A) redesigning manufacturing processes to and utility efficiency program administra- begin producing qualifying components and Subtitle D—Renewable Energy tors, and national laboratories. zero- or low-carbon generation technologies; (c) REPORTING.—Each retailer and dis- SEC. 831. ALLOCATION. (B) designing new tooling and equipment tributor participating in the program under (a) FIRST PERIOD.—Not later than 330 days for production facilities that produce quali- this section shall be required to report to the before the beginning of each of calendar fying components and zero- or low-carbon Climate Change Technology Board, on a con- years 2012 through 2030, the Administrator generation technologies; and fidential basis for program-design purposes— shall allocate to the Climate Change Tech- (C) establishing or expanding manufac- (1) the number of products sold within each nology Board established by section 431 4 turing operations for qualifying components product-type; and percent of the emission allowances estab- and zero- or low-carbon generation tech- (2) wholesale purchase-price data. lished pursuant to section 201(a) for that cal- nologies. (d) COST-EFFECTIVENESS REQUIREMENT.— endar year. (2) QUALIFYING COMPONENT.—The term (1) DEFINITIONS.—In this subsection: (b) SECOND PERIOD.—Not later than 330 ‘‘qualifying component’’ means a component (A) COST-EFFECTIVENESS.—The term ‘‘cost- days before the beginning of each of calendar that the Secretary of Energy determines to effectiveness’’ means a measure of aggregate years 2031 through 2050, the Administrator be specially designed for zero- or low-carbon savings equal to the product obtained by shall allocate to the Climate Change Tech- generation technology. multiplying— nology Board established by section 431 1 (3) SAVINGS.—The term ‘‘savings’’ means (i) the net number of highly-efficient percent of the emission allowances estab- megawatt-hours of electricity or million pieces of equipment, electronics, and appli- lished pursuant to section 201(a) for that cal- British thermal units of natural gas saved by ances sold by a retailer or distributor in a endar year. a product, in comparison to projected energy calendar year; by SEC. 832. BONUS ALLOWANCES FOR RENEWABLE consumption under an efficiency standard (ii) the savings during the projected useful ENERGY. applicable to the product. life, but not to exceed 10 years, of the pieces (a) DEFINITION OF RENEWABLE-ENERGY (4) ZERO- OR LOW-CARBON GENERATION.—The of equipment, electronics, and appliances, in- SOURCE.—In this section, the term ‘‘renew- term ‘‘zero- or low-carbon generation’’ cluding the impact of any documented meas- able-energy source’’ means energy from 1 or means generation of electricity by an elec- ures to retire low-performing devices at the more of the following sources: tric generation unit that— time of purchase of highly-efficient sub- (1) Solar energy. (A) emits no carbon dioxide into the at- stitutes. (2) Wind. mosphere; and (B) SAVINGS.—The term ‘‘savings’’ means (3) Geothermal energy. (B) was placed into commercial service megawatt-hours of electricity or million (4) Incremental hydropower. after the date of enactment of this Act. British thermal units of other fuels saved by (5) Biomass. (5) ZERO- OR LOW-CARBON GENERATION TECH- a product, in comparison to projected energy (6) Ocean waves. NOLOGY.—The term ‘‘zero- or low-carbon gen- consumption based on the efficiency per- (7) Landfill gas. eration technology’’ means a technology formance of displaced new product sales. (8) Livestock methane. used to create zero- or low-carbon genera- (2) REQUIREMENT.—The Climate Change (9) Fuel cells powered with a renewable-en- tion. Technology Board shall make cost-effective- ergy source. SEC. 902. LOW- AND ZERO-CARBON ELECTRICITY ness a top priority in distributing emission (b) BONUS ALLOWANCES.—The Climate TECHNOLOGY FUND. allowances pursuant to this section. Change Technology Board shall distribute There is established in the Treasury of the the emission allowances allocated pursuant United States a fund, to be known as the Subtitle C—Efficient Manufacturing to section 831 among owners, operators, and ‘‘Low- and Zero-Carbon Electricity Tech- SEC. 821. ALLOCATION. developers of facilities, including distrib- nology Fund’’. Not later than 330 days before the begin- uted-energy and transmission systems, in SEC. 903. AUCTIONS. ning of each of calendar years 2012 through the United States that harness a renewable- (a) FIRST PERIOD.—

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(1) IN GENERAL.—For each of calendar years (2) facility establishment or conversion by of the amounts made available to carry out 2012 through 2021, the Administrator shall, in manufacturers and component suppliers of this section to make awards to entities for accordance with paragraph (2), auction 1.75 zero- or low-carbon generation technology. the manufacturing of zero- or low-carbon percent of the quantity of emission allow- SEC. 907. REQUIREMENTS. generation technology. ances established pursuant to section 201(a) (a) IN GENERAL.—The Climate Change SEC. 909. SELECTION CRITERIA. for the calendar year to raise funds for de- Technology Board shall make awards under posit in the Low- and Zero-Carbon Elec- this section to domestic producers of new (a) IN GENERAL.—In making awards under tricity Technology Fund. zero- or low-carbon generation, and domestic this subtitle to qualifying manufacturers of (2) NUMBER; FREQUENCY.—For each cal- facilities and operations of manufacturers zero- or low-carbon generation technology endar year during the period described in and component suppliers of zero- or low-car- and qualifying components, the Climate paragraph (1), the Administrator shall— bon generation technology— Change Technology Board shall select manu- (A) conduct not fewer than 4 auctions; and (1) in the case of producers of new zero- or facturers that— (B) schedule the auctions in a manner to low-carbon generation, based on the bid of (1) document the greatest use of domesti- ensure that— each generator in terms of dollars per mega- cally-sourced parts and components; (i) each auction takes place during the pe- watt-hour of electricity generated; and (2) return to productive service existing riod beginning 330 days before, and ending 60 (2) in the case of qualifying manufacturers idle manufacturing capacity; days before, the beginning of each calendar of zero- or low-carbon generation tech- (3) are located in States with the greatest year; and nology, based on the criteria described in availability of unemployed manufacturing (ii) the interval between each auction is of section 909. workers; equal duration. (b) ACCEPTANCE OF BIDS.— (4) compensate workers in an amount that (b) SECOND PERIOD.— (1) IN GENERAL.—In making awards under is at least 100 percent of the State average (1) IN GENERAL.—For each of calendar years paragraphs (1) and (2) of subsection (a), the manufacturing wage, plus health insurance 2022 through 2030, the Administrator shall, in Climate Change Technology Board shall— benefits; accordance with paragraph (2), auction 2 per- (A) solicit bids for reverse auction from ap- (5) demonstrate a high probability of com- cent of the quantity of emission allowances propriate producers and manufacturers, as mercial success; and established pursuant to section 201(a) for the determined by the Climate Change Tech- (6) achieve other criteria, as the Climate calendar year to raise funds for deposit in nology Board; and Change Technology Board determines to be the Low- and Zero-Carbon Electricity Tech- (B) award financial incentives to the pro- appropriate. nology Fund. ducers and manufacturers that submit the (b) REQUIREMENTS.— (2) NUMBER; FREQUENCY.—For each cal- lowest bids that meet the requirements es- (1) IN GENERAL.—Funding for construction, endar year during the period described in tablished by the Climate Change Technology alteration, or repair under this subtitle shall paragraph (1), the Administrator shall— Board. be conditioned on a written assurance of (A) conduct not fewer than 4 auctions; and (2) FACTORS FOR CONVERSION.— payment, to all laborers and mechanics em- (B) schedule the auctions in a manner to (A) IN GENERAL.—For the purpose of assess- ployed by contractors or subcontractors for ensure that— ing bids under paragraph (1), the Climate the construction, alteration, or repair, of (i) each auction takes place during the pe- Change Technology Board shall specify a fac- wages at rates not less than those prevailing riod beginning 330 days before, and ending 60 tor for converting megawatt-hours of elec- on the same types of work in the locality, as days before, the beginning of each calendar tricity and million British thermal units of determined by the Secretary of Labor in ac- year; and natural gas to common units. cordance with sections 3141 through 3144, (ii) the interval between each auction is of (B) REQUIREMENT.—The conversion factor 3146, and 3147 of title 40, United States Code. equal duration. shall be based on the relative greenhouse gas (2) AUTHORITY OF SECRETARY OF LABOR.— (c) THIRD PERIOD.— emission benefits of electricity and natural The Secretary of Labor shall, with respect to (1) IN GENERAL.—For each of calendar years gas conservation. the labor standards described in paragraph 2031 through 2050, the Administrator shall, in SEC. 908. FORMS OF AWARDS. (1), have the authority and functions set accordance with paragraph (2), auction 1 per- (a) ZERO- AND LOW-CARBON GENERATORS.— forth in Reorganization Plan Numbered 14 of cent of the quantity of emission allowances (1) IN GENERAL.—Subject to paragraph (2), 1950 (5 U.S.C. App.) and section 3145 of title established pursuant to section 201(a) for the an award for zero- or low-carbon generation 40, United States Code. calendar year to raise funds for deposit in under this subtitle shall be in the form of a the Low- and Zero-Carbon Electricity Tech- contract to provide a production payment Subtitle B—Advanced Research nology Fund. for commercial service of the generation SEC. 911. AUCTIONS. (2) NUMBER; FREQUENCY.—For each cal- unit in an amount equal to the product ob- endar year during the period described in tained by multiplying— (a) IN GENERAL.—For each of calendar paragraph (1), the Administrator shall— (A) the amount of the bid by the producer years 2012 through 2050, the Administrator (A) conduct not fewer than 4 auctions; and of the zero- or low-carbon generation; and shall, in accordance with subsection (b), auc- (B) schedule the auctions in a manner to (B) the quantity of net megawatt-hours tion 0.25 percent of the quantity of emission ensure that— generated by the zero- or low-carbon genera- allowances established pursuant to section (i) each auction takes place during the pe- tion unit each year during the first 10 years 201(a) for the calendar year to raise funds for riod beginning 330 days before, and ending 60 following the end of the calendar year of the deposit in the energy transformation accel- days before, the beginning of each calendar award. eration fund described in section 912. year; and (2) COMMERCIAL SERVICE.—A producer may (b) NUMBER; FREQUENCY.—For each cal- (ii) the interval between each auction is of receive an award for a generation unit under endar year during the period described in equal duration. this subsection only if the first year of com- subsection (a), the Administrator shall— SEC. 904. DEPOSITS. mercial service of the generation unit occurs (1) conduct not fewer than 4 auctions; and The Administrator shall deposit all pro- within 5 years of the end of the calendar year (2) schedule the auctions in a manner to ceeds of auctions conducted pursuant to sec- of the award. ensure that— tion 903, immediately on receipt of those pro- (b) MANUFACTURING OF ZERO- OR LOW-CAR- (A) each auction takes place during the pe- ceeds, in the Low- and Zero-Carbon Elec- BON GENERATION TECHNOLOGY.— riod beginning 330 days before, and ending 60 tricity Technology Fund. (1) IN GENERAL.—An award for the estab- days before, the beginning of each calendar SEC. 905. USE OF FUNDS. lishment of a facility or conversion costs for year; and For each of calendar years 2012 through zero- or low-carbon generation technology (B) the interval between each auction is of 2050, all funds deposited in the Low- and shall be in an amount equal to not more equal duration. Zero-Carbon Electricity Technology Fund than 30 percent of the cost of— during the preceding calendar year pursuant (A) establishing, reequipping, or expanding SEC. 912. DEPOSITS. to section 904 shall be made available, with- a manufacturing facility to produce— The Administrator shall deposit all pro- out further appropriation or fiscal year limi- (i) qualifying zero- or low-carbon genera- ceeds of auctions conducted pursuant to sec- tation, to the Climate Change Technology tion technology; or tion 911, immediately on receipt of those pro- Board established by section 431 to carry out (ii) qualifying components; ceeds, in an energy transformation accelera- the financial incentives program established (B) engineering integration costs of zero- tion fund in the Treasury that is adminis- under section 906. or low-carbon generation technology and tered by the Director of the Advanced Re- SEC. 906. FINANCIAL INCENTIVES PROGRAM. qualifying components; and search Projects Agency of the Department of For fiscal year 2011 and each fiscal year (C) property, machine tools, and other Energy. thereafter, the Climate Change Technology equipment acquired or constructed primarily Board shall competitively award financial to enable the recipient to test equipment SEC. 913. USE OF FUNDS. incentives under this subtitle in the tech- necessary for the construction or operation No amounts deposited in the energy trans- nology categories of— of a zero- or low-carbon generation facility. formation acceleration fund pursuant to sec- (1) the production of electricity from new (2) MINIMUM AMOUNT.—The Climate Change tion 912 shall be disbursed, except pursuant zero- or low-carbon generation; and Technology Board shall use not less than 1⁄4 to an appropriation Act.

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.099 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5083 TITLE X—FUTURE OF COAL in Reorganization Plan Number 14 of 1950 (5 (1) comply with such criteria and proce- Subtitle A—Kick-Start for Carbon Capture U.S.C. App.) and section 3145 of title 40, dures as the Administrator may establish, and Sequestration United States Code. including a requirement, as prescribed in Subtitle B—Long-Term Carbon Capture and subsection (c), for an annual emission per- SEC. 1001. CARBON CAPTURE AND SEQUESTRA- formance standard for carbon dioxide emis- TION TECHNOLOGY FUND. Sequestration Incentives sions from any unit for which allowances are There is established in the Treasury of the SEC. 1011. ALLOCATION. allocated; United States a fund, to be known as the Not later than 2 years after the date of en- (2) sequester, in a geological formation ‘‘Carbon Capture and Sequestration Tech- actment of this Act, the Administrator permitted by the Administrator for that pur- nology Fund’’ (referred to in this subtitle as shall— pose in accordance with regulations promul- the ‘‘Fund’’), consisting of such amounts as (1) establish an account to be known as the gated under part C of the Safe Drinking are deposited in the Fund under section 1003. ‘‘Bonus Allowance Account’’ for carbon cap- Water Act (42 U.S.C. 300h et seq.), carbon di- ture and sequestration projects in the United SEC. 1002. AUCTIONS. oxide captured from any unit for which al- States; and Not later than 120 days after the date of lowances are allocated; (2) allocate to the Bonus Allowance Ac- enactment of this Act, and annually there- (3) have begun operation during the period count quantities of the emission allowances after through 2022, the Administrator shall beginning on January 1, 2008, and ending on established for calendar years 2012 through auction, to raise funds for deposit in the December 31, 2035; and 2050 pursuant to section 201(a) in accordance Fund, 1 percent of the quantity of emission (4) not produce a transportation fuel that allowances established pursuant to section with the following table: contains more than 10 kilograms of fossil- 201(a) for the calendar year that occurs 3 based carbon per million British thermal years after the calendar year during which Percentage for allocation units, higher heat value. the auction is conducted. Calendar Year to Bonus Allowance Ac- (c) EMISSION PERFORMANCE STANDARDS.— SEC. 1003. DEPOSITS. count Subject to subsection (d), a carbon capture The Administrator shall deposit all pro- and sequestration project shall be eligible to 2012 ...... 3 ceeds of auctions conducted pursuant to sec- receive emission allowances under this sub- 2013 ...... 3 tion 1002, immediately on receipt of those title only if the project achieves 1 of the fol- 2014 ...... 3 proceeds, in the Fund. lowing emission performance standards for 2015 ...... 3 limiting carbon dioxide emissions from the SEC. 1004. USE OF FUNDS. 2016 ...... 3 unit: (a) EXPENDITURES FROM FUND.—On request 2017 ...... 3 (1)(A) An electric generation unit that is by the Climate Change Technology Board es- 2018 ...... 3 not a new entrant and that commences oper- tablished by section 431 (referred to in this 2019 ...... 3 ation of carbon capture and sequestration subtitle as the ‘‘Board’’), the Secretary of 2020 ...... 3 equipment before January 1, 2016, shall— the Treasury shall transfer from the Fund to 2021 ...... 3 (i) treat at least the amount of flue gas the Board such amounts as the Board deter- 2022 ...... 3 equivalent to 100 megawatts of the output of mines are necessary to carry out the Kick- 2023 ...... 3 the generation unit; and Start Program under section 1005. 2024 ...... 3 (ii) be designed to capture and sequester at (b) AVAILABILITY OF FUNDS.—Funds trans- 2025 ...... 3 least 85 percent of the carbon dioxide in that ferred under subsection (a) shall be made 2026 ...... 4 flue gas. available to the Board without further ap- 2027 ...... 4 (B) The bonus allowance adjustment ratio propriation or fiscal year limitation. 2028 ...... 4 under section 1013(b) shall apply only to the SEC. 1005. KICK-START PROGRAM. 2029 ...... 4 megawatt-hours and carbon dioxide emis- (a) IN GENERAL.—The Board shall use the 2030 ...... 4 sions attributable to the treated share of the amounts in the Fund to establish and imple- 2031 ...... 1 flue gas of the generation unit. ment a program for early deployment of car- 2032 ...... 1 (2) An electric generation unit that is not bon capture and sequestration technology in 2033 ...... 1 a new entrant and that commences operation the United States (referred to in this section 2034 ...... 1 of carbon capture and sequestration equip- as the ‘‘Kick-Start Program’’). 2035 ...... 1 ment on or after January 1, 2016, shall (b) GOAL.—The Board shall design and op- 2036 ...... 1 achieve an average annual emission rate of erate the Kick-Start Program with the goal 2037 ...... 1 not more than 1,200 pounds of carbon dioxide of rapidly bringing into operation in the 2038 ...... 1 per megawatt-hour of net electricity genera- United States not fewer than 5 nor more 2039 ...... 1 tion, after subtracting the carbon dioxide than 10 commercial facilities that capture 2040 ...... 1 that is captured and sequestered. and geologically sequester carbon released 2041 ...... 1 (3) A new entrant electric generation unit when coal is used to generate electricity. 2042 ...... 1 for which construction of the unit com- (c) BASIS.—The Board shall base the Kick- 2043 ...... 1 menced before July 1, 2018, shall achieve an Start Program on the ‘‘Early Deployment 2044 ...... 1 average annual emission rate of not more Fund’’ recommendation contained in the 2045 ...... 1 than 800 pounds of carbon dioxide per mega- final report issued by the Advanced Coal 2046 ...... 1 watt-hour of net electricity generation, after Technology Work Group of the Clean Air Act 2047 ...... 1 subtracting the carbon dioxide that is cap- Advisory Committee of the Environmental 2048 ...... 1 tured and sequestered. Protection Agency and dated January 29, 2049 ...... 1 (4) A new entrant electric generation unit 2008. 2050 ...... 1. for which construction of the unit com- (d) COAL DIVERSITY.—The Kick-Start Pro- menced on or after July 1, 2018, shall achieve gram shall ensure that a range of domestic SEC. 1012. QUALIFYING PROJECTS. an average annual emission rate of not more coal types is employed in facilities receiving (a) DEFINITIONS.—In this section: than 350 pounds of carbon dioxide per mega- support under the Kick-Start Program. (1) COMMENCED.—The term ‘‘commenced’’, watt-hour of net electricity generation, after (e) PRIORITY.—Awards of financial support with respect to construction, means that an subtracting the carbon dioxide that is cap- under the Kick-Start Program shall be made owner or operator has— tured and sequestered. in a manner that maximizes the avoidance or (A) obtained the necessary permits to un- (5) Any unit at a covered entity that is not reduction of greenhouse gas emissions. dertake a continuous program of construc- an electric generation unit shall achieve an (f) REQUIREMENTS.— tion; and average annual emission rate that is (1) IN GENERAL.—As a condition of receiv- (B) entered into a binding contractual obli- achieved by the capture and sequestration of ing funding for construction, alteration, or gation, with substantial financial penalties a minimum of 85 percent of the total carbon repair activities under the Kick-Start Pro- for cancellation, to undertake a program de- dioxide emissions produced by the unit. gram, an individual or entity shall provide, scribed in subparagraph (A). (d) ADJUSTMENT OF PERFORMANCE STAND- to each laborer and mechanic employed by (2) CONSTRUCTION.—The term ‘‘construc- ARDS.— each contractor or subcontractor for the ac- tion’’ means the fabrication, erection, or in- (1) IN GENERAL.—The Climate Change Tech- tivity, a written assurance of payment of stallation of the technology for a carbon cap- nology Board may adjust the emission per- wages at rates not less than those prevailing ture and sequestration project. formance standard for a carbon capture and on the same types of work in the locality, as (3) NEW ENTRANT.—The term ‘‘new en- sequestration project described in subsection determined by the Secretary of Labor in ac- trant’’ means an electric generating unit (c) for an electric generation unit that uses cordance with sections 3141 through 3144, that begins operation after the date of enact- subbituminous coal, lignite, or petroleum 3146, and 3147 of title 40, United States Code. ment of this Act. coke in significant quantities. (2) AUTHORITY OF SECRETARY OF LABOR.— (b) ELIGIBILITY.—To be eligible to receive (2) REQUIREMENT.—In any case described in With respect to the labor standards described emission allowances under this subtitle, a paragraph (1), the performance standard for in paragraph (1), the Secretary of Labor shall carbon capture and sequestration project the project shall prescribe an annual emis- have the authority and functions established shall— sion rate that requires the project to achieve

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.100 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5084 CONGRESSIONAL RECORD — SENATE June 4, 2008 an equivalent reduction from uncontrolled (B) the annual carbon dioxide emission (1) in subsection (b)(1), by striking ‘‘sub- carbon dioxide emissions levels from the use rate, on a pounds per megawatt-hour basis, section (d)(2)’’ and inserting ‘‘subsection of subbituminous coal, lignite, or petroleum that a qualifying project at the electric gen- (e)(2)’’; coke, as compared to the emission rate that eration unit achieved during a particular (2) by redesignating subsection (d) as sub- the project would have achieved if that unit year. section (e); and had combusted only bituminous coal during (2) EXCEPTIONS.—Notwithstanding para- (3) by inserting after subsection (c) the fol- the particular year. graph (1), the bonus allowance adjustment lowing: SEC. 1013. DISTRIBUTION. factor shall— ‘‘(d) CARBON DIOXIDE.— (a) CALCULATION.— (A) in the case of a project that qualifies ‘‘(1) REGULATIONS.—Not later than 1 year (1) IN GENERAL.—Subject to section 1014, under section 1012(c)(1), be equal to 1 during after the date of enactment of the for each of calendar years 2012 through 2039, the first 4 years that emission allowances Lieberman-Warner Climate Security Act of the Administrator shall distribute emission are distributed to the project; 2008, the Administrator shall promulgate allowances from the Bonus Allowance Ac- (B) in the case of a project that qualifies regulations establishing standards for per- count established under section 1011 to each under section 1012(c)(2), be equal to 1 during mitting commercial-scale underground injec- qualifying project under this subtitle in a the first 4 years that emission allowances tion of carbon dioxide for the purpose of geo- quantity equal to the product obtained by are distributed to the project; logical sequestration to address climate multiplying— (C) in the case of a project that qualifies change. (A) the bonus allowance adjustment factor, under section 1012(c)(3), be equal to 1 during ‘‘(2) INCLUSIONS.—Standards promulgated as determined under subsection (b); the first 8 years that emission allowances under paragraph (1) shall include require- (B) the number of metric tons of carbon di- are distributed to the project; and ments— oxide emissions avoided through capture and (D) not exceed 1 for any qualifying project. ‘‘(A)(i) to monitor and control the long- term storage of carbon dioxide; geological sequestration of emissions by the (c) NON-ELECTRIC GENERATING UNITS.— ‘‘(ii) to avoid, to the maximum extent project, as determined in accordance with (1) IN GENERAL.—For a qualifying project paragraph (2); and other than an electric generating unit, the practicable, and quantify any release of car- (C) the bonus allowance rate for the appli- Administrator shall by regulation reduce the bon dioxide into the atmosphere; and cable calendar year, as provided in the fol- bonus allowance rates described in section ‘‘(iii) to ensure protection of underground lowing table: 1013(a)(1)(C) so that the bonus allowance rate sources of drinking water, human health, for the projects does not exceed the incre- and the environment; ‘‘(B) for financial responsibility (including Bonus mental capital and operating costs for car- Calendar Year Allowance rying out sequestration of carbon dioxide financial responsibility for well plugging, Rate from the facility. post-injection site care, site closure, moni- toring, corrective action, and remedial care), (2) LIMITATION.—In distributing emission 2012 ...... 2 allowances under this subtitle, the Adminis- as necessary, allowing for the use of 1 or 2013 ...... 2 trator shall distribute not more than 20 per- more financial instruments, including insur- 2014 ...... 2 cent of the quantity of emission allowances ance, surety bond, letter of credit, financial 2015 ...... 2 in the Bonus Allowance Account for nonelec- guarantee, or qualification as a self-insurer; 2016 ...... 2 tric generation units described in section and 2017 ...... 2 1012(c)(5). ‘‘(C) relating to long-term care and stew- 2018 ...... 1 .9 ardship associated with commercial-scale ge- (d) ENHANCED OIL RECOVERY.—For a carbon 2019 ...... 1 .8 ological sequestration, including financial capture and sequestration project seques- 2020 ...... 1 .7 responsibility, as necessary, consistent with tering in a geological formation for purposes 2021 ...... 1 .6 the degree and duration of risk associated of enhanced oil recovery, the Administrator 2022 ...... 1 .3 with the geological sequestration of carbon shall by regulation reduce the bonus allow- 2023 ...... 1 .2 dioxide for purposes of subparagraph (A). ance rates set forth in section 1013(a)(1)(C) to 2024 ...... 1 .1 ‘‘(3) AUTHORIZATION.—The Administrator reflect the lower cost of the projects when 2025 ...... 1 may specify the policy or other contractual compared to sequestration into geological 2026 ...... 0 .9 terms, conditions, or defenses that are nec- formations solely for purposes of disposal. 2027 ...... 0 .8 essary to establish evidence of financial re- 2028 ...... 0 .7 SEC. 1014. 10-YEAR LIMIT. sponsibility for the purposes of this sub- 2029 ...... 0 .6 A qualifying project may receive annual section.’’. 2030 ...... 0 .5 emission allowances under this subtitle only (b) CONFORMING AMENDMENT.—Section 2031 ...... 0 .5 for— 1447(a)(4) of the Safe Drinking Water Act (42 2032 ...... 0 .5 (1) the first 10 years of operation; or U.S.C. 300j–6(a)(4)) is amended by striking 2033 ...... 0 .5 (2) if the unit covered by the qualifying ‘‘section 1421(d)(2)’’ and inserting ‘‘section 2034 ...... 0 .5 project began operating before January 1, 1421(e)(2)’’. 2035 ...... 0 .5 2012, the period of calendar years 2012 SEC. 1022. ASSESSMENT OF GEOLOGICAL STOR- 2036 ...... 0 .5 through 2021. AGE CAPACITY FOR CARBON DIOX- 2037 ...... 0 .5 SEC. 1015. EXHAUSTION OF BONUS ALLOWANCE IDE. 2038 ...... 0 .5 ACCOUNT. (a) DEFINITIONS.—In this section: 2039 ...... 0 .5. If, at the beginning of a calendar year, the (1) ASSESSMENT.—The term ‘‘assessment’’ Administrator determines that the number means the national assessment of capacity (2) AVOIDED CARBON DIOXIDE EMISSIONS.— of emission allowances remaining in the for carbon dioxide completed under sub- For the purpose of determining the number Bonus Allowance Account established under section (f). of metric tons of carbon dioxide avoided in section 1011 will be insufficient to allow the (2) CAPACITY.—The term ‘‘capacity’’ means paragraph (1)(B), the Administrator shall— distribution in that calendar year, of the the portion of a storage formation that can (A) in the first year, count as avoided car- number of allowances that otherwise would retain carbon dioxide in accordance with the bon dioxide emissions the proportion of car- be distributed under section 1013 for the cal- requirements (including physical, geological, bon dioxide emissions the owner or operator endar year, the Administrator shall, for the and economic requirements) established certifies as the designed level of capture for calendar year— under the methodology developed under sub- the project, subject to verification and ad- (1) distribute the remaining bonus allow- section (b). justment; and ances only to qualifying projects that were (3) ENGINEERED HAZARD.—The term ‘‘engi- (B) in each subsequent year, count the already qualifying projects during the pre- neered hazard’’ includes the location and higher of— ceding calendar year; completion history of any well that could af- (i) the actual metric tons of carbon dioxide (2) distribute the remaining bonus allow- fect a storage formation or capacity. sequestered in the preceding year; or ances to those qualifying projects on a pro (4) RISK.—The term ‘‘risk’’ includes any (ii) the proportion of emissions the owner rata basis; and risk posed by a geomechanical, geochemical, or operator certifies as the result of a modi- (3) discontinue the program established hydrogeological, structural, or engineered fication to the designed capture level of the under this subtitle as of the date on which hazard. project, subject to verification and adjust- the Bonus Allowance Account is projected to (5) SECRETARY.—The term ‘‘Secretary’’ ment. be fully used based on projects already in op- means the Secretary of the Interior, acting (b) BONUS ALLOWANCE ADJUSTMENT eration. through the Director of the United States RATIO.— Geological Survey. (1) IN GENERAL.—Except as provided in Subtitle C—Legal Framework (6) STORAGE FORMATION.—The term ‘‘stor- paragraph (2), the Administrator shall deter- SEC. 1021. NATIONAL DRINKING WATER REGULA- age formation’’ means a deep saline forma- mine the bonus allowance adjustment factor TIONS. tion, unmineable coal seam, oil or gas res- by dividing— (a) IN GENERAL.—Section 1421 of the Safe ervoir, or other geological formation that is (A) a carbon dioxide emission rate of 350 Drinking Water Act (42 U.S.C.300h) is amend- capable of accommodating a volume of in- pounds per megawatt-hour; by ed— dustrial carbon dioxide.

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.100 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5085

(b) METHODOLOGY.—Not later than 1 year storage of carbon dioxide in geological for- (4) the means by which to ensure the safe after the date of enactment of this Act, the mations. handling, transportation, and sequestration Secretary shall develop a methodology for (4) INCORPORATION INTO NATCARB.— of carbon dioxide; conducting an assessment under subsection (A) IN GENERAL.—On completion of the as- (5) any preventive measure to ensure the (f), taking into consideration— sessment, the Secretary shall incorporate integrity of pipelines to be used for the (1) the geographical extent of all potential the results of the assessment using, to the transportation of carbon dioxide for the pur- storage formations in all States; maximum extent practicable— pose of sequestration or enhanced oil recov- (2) the capacity of the potential storage (i) the NatCarb database of the National ery; formations; Energy Technology Laboratory of the De- (6) any other appropriate use, as deter- (3) the injectivity of the potential storage partment of Energy; or mined by the Secretary of Energy, in coordi- formations; (ii) a new database developed by the Sec- nation with the Administrator, the Chair- (4) an estimate of potential volumes of oil retary, as the Secretary determines to be man of the Federal Energy Regulatory Com- and gas recoverable by injection and storage necessary. mission, the Secretary of Transportation, of industrial carbon dioxide in potential (B) RANKING.—The database shall include and the Secretary of the Interior; storage formations; the data necessary to rank potential storage (7) the means by which to ensure that (5) the risk associated with the potential sites— siting is carried out in a manner that is storage formations; and (i) for capacity and risk; socioeconomically just and environmentally (6) the work performed to develop the Car- (ii) across the United States; and ecologically sound; and bon Sequestration Atlas of the United States (iii) within each State; (8) the findings of the task force estab- and Canada completed by the Department of (iv) by formation; and lished under section 1024, in consultation Energy in April 2006. (v) within each basin. with industry, financial institutions, inves- (c) COORDINATION.— (5) REPORT.—Not later than 180 days after tors, owners and operators, regulators, aca- (1) FEDERAL COORDINATION.— the date on which the assessment is com- demic experts, and stakeholders. (A) CONSULTATION.—The Secretary shall pleted, the Secretary shall submit to the (c) REPORT.—Not later than 180 days after consult with the Secretary of Energy and the Committee on Energy and Natural Resources the date of enactment of this Act, the Sec- Administrator regarding data sharing and of the Senate and the Committee on Science retary of Energy shall submit to Congress a report describing the results of the study. the format, development of methodology, and Technology of the House of Representa- and content of the assessment to ensure the tives a report describing the results of the SEC. 1024. LIABILITIES FOR CLOSED GEOLOGI- CAL STORAGE SITES. maximum usefulness and success of the as- assessment. (a) ESTABLISHMENT OF TASK FORCE.—As sessment. (6) PERIODIC UPDATES.—The assessment (B) COOPERATION.—The Secretary of En- soon as practicable, but not later than 180 shall be updated periodically (including not days after the date of enactment of this Act, ergy and the Administrator shall cooperate less frequently than once every 5 years) as with the Secretary to ensure, to the max- the Administrator shall establish a task necessary to support public and private sec- force, with equal representation from the imum extent practicable, the usefulness and tor decisionmaking, as determined by the success of the assessment. public, academic subject matter experts, and Secretary. industry, to conduct a study of the statutory (2) STATE COORDINATION.—The Secretary shall consult with State geological surveys SEC. 1023. STUDY OF FEASIBILITY RELATING TO framework, environmental and safety con- CONSTRUCTION AND OPERATION OF and other relevant entities to ensure, to the siderations, and financial implications of po- PIPELINES AND GEOLOGICAL CAR- tential Federal assumption of liabilities with maximum extent practicable, the usefulness BON DIOXIDE SEQUESTRATION AC- respect to closed geological sites. and success of the assessment. TIVITIES. (b) CHARGE OF TASK FORCE.—At a min- (d) EXTERNAL REVIEW AND PUBLICATION.— (a) IN GENERAL.—The Secretary of Energy, imum, the task force shall consider— On completion of the methodology under in coordination with the Administrator, the (1) procedures for the certification and ap- subsection (b), the Secretary shall— Chairman of the Federal Energy Regulatory proval of geological storage sites and (1) publish the methodology and solicit Commission, the Secretary of Transpor- projects, including siting, monitoring, and comments from the public and the heads of tation, and the Secretary of the Interior, and closure standards; affected Federal and State agencies; in consultation with representatives of in- (2) existing statutory authority under the (2) establish a panel of individuals with ex- dustry, financial institutions, investors, Safe Drinking Water Act (42 U.S.C. 300f et pertise in the matters described in para- owners and operators of applicable facilities, seq.) and the Clean Air Act (42 U.S.C. 7401 et graphs (1) through (5) of subsection (b) com- regulators, institutions of higher education, seq.) to address issues relating to long-term prised, as appropriate, of representatives of and other stakeholders, shall conduct a financial responsibility and long-term liabil- Federal agencies, institutions of higher edu- study to assess the feasibility of the con- ities; and cation, nongovernmental organizations, struction of— (3) successorship of closed geological stor- State organizations, industry, and inter- (1) pipelines to be used for the transpor- age sites used to sequester carbon dioxide, national geosciences organizations to review tation of carbon dioxide for the purpose of including possible transfer of title and liabil- the methodology and comments received sequestration or enhanced oil recovery; and ities from the private sector to the public under paragraph (1); and (2) geological carbon dioxide sequestration sector and conditions that might be placed (3) on completion of the review under para- facilities. on such a transfer, transfer of financial re- graph (2), publish in the Federal Register the sponsibility to the public sector or within revised final methodology. (b) SCOPE.—The study shall consider— (e) PERIODIC UPDATES.—The methodology (1) any barrier or potential barrier in exist- the private sector, and possible indemnity developed under this section shall be updated ence as of the date of enactment of this Act, from long-term liabilities. periodically (including not less frequently including any technical, siting, financing, or TITLE XI—FUTURE OF TRANSPORTATION than once every 5 years) to incorporate new regulatory barrier, relating to— Subtitle A—Kick-Start for Clean Commercial data as the data becomes available. (A) the construction and operation of pipe- Fleets (f) NATIONAL ASSESSMENT.— lines to be used for the transportation of car- SEC. 1101. PURPOSE. (1) IN GENERAL.—Not later than 2 years bon dioxide for the purpose of sequestration The purpose of this subtitle is to accel- after the date of publication of the method- or enhanced oil recovery; or erate the commercialization and diffusion of ology under subsection (d)(3), the Secretary, (B) the construction and operation of fa- fuel-efficient medium- and heavy-duty hy- in consultation with the Secretary of Energy cilities for the geological sequestration of brid commercial trucks, buses, and vans in and State geological surveys, shall complete carbon dioxide; the United States. a national assessment of the capacity for (2) any market risk (including throughput SEC. 1102. ALLOCATION. carbon dioxide storage in accordance with risk) relating to— Not later than 2 years after the date of en- the methodology. (A) the construction and operation of pipe- actment of this Act, the Administrator shall (2) GEOLOGICAL VERIFICATION.—As part of lines to be used for the transportation of car- allocate to the program established under the assessment, the Secretary shall carry bon dioxide for the purpose of sequestration section 1103 0.5 percent of the aggregate out a characterization program to supple- or enhanced oil recovery; or quantity of emission allowances established ment the geological data relevant to deter- (B) the construction and operation of fa- pursuant to section 201(a) for calendar years mining storage capacity in carbon dioxide in cilities for the geological sequestration of 2012 through 2017. geological storage formations, including— carbon dioxide; SEC. 1103. CLEAN MEDIUM- AND HEAVY-DUTY HY- (A) well log data; (3) any regulatory, financing, or siting op- BRID FLEETS PROGRAM. (B) core data; and tion that, as determined by the Secretary of (a) IN GENERAL.—Not later than 2 years (C) fluid sample data. Energy, would— after the date of enactment of this Act, the (3) PARTNERSHIP WITH OTHER DRILLING PRO- (A) mitigate any market risk described in Administrator shall— GRAMS.—As part of the drilling characteriza- paragraph (2); or (1) review and revise, as necessary, regula- tion under paragraph (2), the Secretary shall (B) help ensure the construction and oper- tions promulgated under section 113; and enter into partnerships, as appropriate, with ation of pipelines dedicated to the transpor- (2) promulgate regulations for a program other entities to collect and integrate data tation of carbon dioxide for the purpose of for distributing emission allowances allo- from other drilling programs relevant to the sequestration or enhanced oil recovery; cated pursuant to section 1102 to entities in

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.100 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5086 CONGRESSIONAL RECORD — SENATE June 4, 2008 the United States as an immediate reward (1) reequipping, expanding, or establishing (B) the product obtained by multiplying— for purchase by the entities of advanced a manufacturing facility in the United (i) an amount equal to 1⁄7 of that original medium- and heavy-duty hybrid commercial States to produce— amount; and vehicles, based on demonstrated increases in (A) qualifying advanced technology vehi- (ii) the number of years during which the fuel efficiency. cles; or prospective recipient— (b) REQUIREMENTS.—The regulations pro- (B) qualifying components; and (I) received an award under this section; mulgated pursuant to subsection (a) shall re- (2) engineering integration performed in and quire that— the United States of qualifying vehicles and (II) made the recertification required by (1) only purchasers of commercial vehicles qualifying components. paragraph (3). weighing at least 8,500 pounds are eligible for (b) PERIOD OF AVAILABILITY.—An award (e) ADMINISTRATION.—The terms and condi- receipt of emission allowances under the pro- under subsection (a) shall apply to— tions established for applicants under sec- gram; (1) facilities and equipment placed in serv- tion 136(d)(2) of the Energy Independence and (2) the purchasers of qualifying vehicles ice during the period beginning on the date Security Act of 2007 (42 U.S.C. 17013(d)) shall are provided certainty of the magnitude and of enactment of this Act and ending on De- apply to prospective recipients under this timeliness of delivery of the reward at the cember 31, 2029; and section. time at which the purchasers purchase the (2) engineering integration costs incurred vehicles; after the date of enactment of this Act. Subtitle C—Cellulosic Biofuel (3) rewards increase commensurately with (c) CAFE REQUIREMENTS.—The Climate SEC. 1121. CELLULOSIC BIOFUEL PROGRAM. Change Technology Board shall not make an fuel efficiency of qualifying vehicles; (a) ALLOCATION.— (4) qualifying vehicles shall be categorized award under this section to an automobile manufacturer or component supplier that, (1) FIRST PERIOD.—Not later than 330 days into not fewer than 3 classes of vehicle before the beginning of each of calendar weight, in order to ensure— directly or through a parent, subsidiary, or affiliated entity, is not in compliance with years 2012 and 2013, the Administrator shall (A) adequate availability of rewards for each corporate average fuel economy stand- allocate to the program established under different categories of commercial vehicles; ard under section 32902 of title 49, United subsection (b) 1 percent of the emission al- and States Code, in effect on the date of the lowances established pursuant to section (B) that the rewards for heavier, more ex- award. 201(a) for that calendar year. pensive vehicles are proportional to the re- (d) ADDITIONAL REQUIREMENTS.— (2) SECOND PERIOD.—Not later than 330 days wards for lighter, less expensive vehicles; (1) DEFINITION OF PROSPECTIVE RECIPIENT.— before the beginning of each of calendar (5) rewards decrease over time, in order to In this subsection, the term ‘‘prospective re- years 2014 through 2017, the Administrator encourage early purchases of hybrid vehicles; cipient’’ means an automobile manufacturer shall allocate to the program established and or component supplier (including any parent, under subsection (b) 0.75 percent of the emis- (6) to the maximum extent practicable, all subsidiary, or affiliated entity) that seeks to sion allowances established pursuant to sec- emission allowances allocated to the pro- receive an award under this section. tion 201(a) for that calendar year. gram shall have been distributed as rewards (2) CERTIFICATION.—To be eligible to re- (3) THIRD PERIOD.—Not later than 330 days by not later than 5 years after the date of en- ceive an award under this section, a prospec- before the beginning of each of calendar actment of this Act. tive recipient shall certify to the Climate years 2018 through 2030, the Administrator Subtitle B—Advanced Vehicle Manufacturers Change Technology Board that, for the 7-cal- shall allocate to the program established SEC. 1111. CLIMATE CHANGE TRANSPORTATION endar year period beginning on the date of under subsection (b) 1 percent of the emis- ENERGY TECHNOLOGY FUND. receipt of the award, the prospective recipi- sion allowances established pursuant to sec- There is established in the Treasury of the ent will maintain in the United States a tion 201(a) for that calendar year. United States a fund, to be known as the number of full-time or full-time-equivalent (b) PROGRAM.— ‘‘Climate Change Transportation Energy employees that is— (1) IN GENERAL.—Not later than 2 years Technology Fund’’ (referred to in this sub- (A) equal to 90 percent of the monthly av- after the date of enactment of this Act, the title as the ‘‘Fund’’). erage number of full-time or full-time-equiv- Administrator shall promulgate regulations SEC. 1112. AUCTIONS. alent employees maintained by the prospec- to establish a program for distributing emis- (a) IN GENERAL.—For each of calendar tive recipient for the 12-month period ending sion allowances allocated under subsection years 2012 through 2050, the Administrator on the date of receipt of the award; (a) to entities in the United States as a re- shall, in accordance with subsection (b), auc- (B) sufficient to ensure that the proportion ward for production in the United States of tion 1 percent of the quantity of emission al- that the workforce of the prospective recipi- fuel from cellulosic biomass grown in the lowances established pursuant to section ent in the United States bears to the global United States. 201(a) for the calendar year in order to raise workforce of the prospective recipient is (2) REQUIREMENTS.—The regulations pro- funds for deposit in the Fund. equal to or greater than the average month- mulgated pursuant to paragraph (1) shall re- (b) NUMBER; FREQUENCY.—For each cal- ly proportion that the workforce of the pro- quire that emission allowances shall be dis- endar year during the period described in spective recipient in the United States bears tributed under the program— subsection (a), the Administrator shall— to the global workforce of the prospective re- (A) among a variety of feedstocks and a va- (1) conduct not fewer than 4 auctions; and cipient for the 12-month period ending on the riety of regions of the United States; (2) schedule the auctions in a manner to date of receipt of the award; or (B) on a competitive basis for projects that ensure that— (C) sufficient to ensure that any percent- have produced in the United States fuels (A) each auction takes place during the pe- age decrease in the hourly workforce of the that— riod beginning 330 days before, and ending 60 prospective recipient in the United States is (i) meet United States fuel and emissions days before, the beginning of each calendar not greater than the aggregate of the per- specifications; year; and centage decrease in the market share of the (ii) help diversify domestic transportation (B) the interval between each auction is of prospective recipient in the United States energy supplies; equal duration. and the increase in the productivity of the (iii) improve or maintain air, water, soil, SEC. 1113. DEPOSITS. prospective recipient, calculated during the and habitat quality and protect scarce water The Administrator shall deposit all pro- period beginning on the date of receipt of the supplies; and ceeds of auctions conducted pursuant to sec- award and ending on the date of certification (iv) are cellulosic biofuel (as defined in sec- tion 1112, immediately on receipt of those under this paragraph. tion 211(o)(1) of the Clean Air Act (42 U.S.C. proceeds, into the Fund. (3) RECERTIFICATION.—Not later than 1 year 7545(o)(1))); and SEC. 1114. USE OF FUNDS. after the date of receipt of an award under (C) in a manner that provides priority to For each of calendar years 2012 through this section, and annually thereafter, a pro- projects that achieve— 2050, all funds deposited into the Fund during spective recipient shall— (i) low costs to consumers over the the preceding year pursuant to section 1113 (A) recertify to the Climate Change Tech- medium- and long-terms; shall be made available, without further ap- nology Board that, during the preceding cal- (ii) demonstrably low lifecycle greenhouse propriation or fiscal year limitation, to the endar year, the prospective recipient has gas emissions, taking into account direct Climate Change Technology Board estab- achieved compliance with an applicable re- and indirect land-use changes; lished by section 431 for making manufac- quirement described in paragraph (2); and (iii) high long-term technological poten- turer facility conversion awards under sec- (B) provide to the Climate Change Tech- tial, taking into consideration production tion 1115. nology Board sufficient data for verification volume, feedstock availability, and process SEC. 1115. MANUFACTURER FACILITY CONVER- of the recertification. efficiency; SION PROGRAM. (4) REPAYMENT.—A prospective recipient (iv) low environmental impacts, taking (a) IN GENERAL.—The Climate Change that fails to make the recertification re- into consideration air, water, and habitat Technology Board established by section 431 quired by paragraph (3) shall pay to the Cli- quality; and shall use all amounts in the Fund to provide mate Change Technology Board an amount (v) fuels with the ability to serve multiple facility funding awards under this section to equal to the difference between— economic segments of the transportation manufacturers to pay not more than 30 per- (A) the amount of the original award to sector, including the aviation and marine cent of the cost of— the prospective recipient; and segments.

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Subtitle D—Low-Carbon Fuel Standard ‘‘(ii) PREVENTION OF AIR QUALITY DETERIO- ‘‘(II) the fuel emission baseline. SEC. 1131. FINDINGS. RATION.— ‘‘(B) ELECTION TO PARTICIPATE.—An elec- Congress finds that— ‘‘(I) STUDY.—Not later than 18 months tricity provider may elect to participate in (1) oil used for transportation contributes after the date of enactment of this para- the program under this subsection if the significantly to air pollution, including graph, the Administrator shall complete a electricity provider provides and separately greenhouse gases, water pollution, and other study to determine whether the greenhouse tracks electricity for transportation through adverse impacts on the environment; and gas emission reductions required under a meter that— (2) to reduce greenhouse gas emissions, the clause (i)(III) will adversely impact air qual- ‘‘(i) measures the electricity used for United States should rely increasingly on ad- ity as a result of changes in vehicle and en- transportation separately from electricity vanced, clean, low-carbon fuels for transpor- gine emissions of air pollutants regulated used for other purposes; and tation. under this Act. ‘‘(ii) allows for load management and time- SEC. 1132. DEFINITIONS. ‘‘(II) CONSIDERATIONS.—The study shall in- of-use rates. clude consideration of— Section 211(o)(1) of the Clean Air Act (42 ‘‘(C) CREDITS.— ‘‘(aa) different blend levels, types of trans- U.S.C. 7545(o)(1)) is amended— ‘‘(i) IN GENERAL.—The regulations promul- portation fuels, and available vehicle tech- (1) by redesignating subparagraphs (G) gated to carry out this paragraph shall per- nologies; and through (L) as subparagraphs (J) through mit fuel providers to generate credits for (O), respectively; ‘‘(bb) appropriate national, regional, and local air quality control measures. achieving, during a calendar year, greater re- (2) by inserting after subparagraph (F) the ductions in lifecycle greenhouse gas emis- ‘‘(III) REGULATIONS.—Not later than 3 following: sions of the fuel provided, blended, or im- ‘‘(G) CULTIVATED NOXIOUS PLANT.—The years after the date of enactment of this paragraph, the Administrator shall— ported by the fuel provider than are required term ‘cultivated noxious plant’ means a under subparagraph (A)(i)(III). plant that is included on— ‘‘(aa) promulgate fuel regulations to imple- ‘‘(ii) METHOD OF CALCULATION.—The num- ‘‘(i) the Federal noxious weed list main- ment appropriate measures to mitigate, to ber of credits received by a fuel provider tained by the Animal and Plant Health In- the maximum extent practicable and taking under clause (i) for a calendar year shall be spection Service; or into consideration the results of the study the product obtained by multiplying— ‘‘(ii) any comparable State list. conducted under this clause, any adverse im- ‘‘(I) the aggregate quantity of fuel pro- ‘‘(H) FUEL EMISSION BASELINE.—The term pacts on air quality as a result of the green- ‘fuel emission baseline’ means the average house gas emission reductions required by duced, distributed, or imported by the fuel lifecycle greenhouse gas emissions per unit this subsection; or provider during the calendar year; and of energy of the aggregate of all transpor- ‘‘(bb) make a determination that no such ‘‘(II) the difference between— tation fuels sold or introduced into com- measures are necessary. ‘‘(aa) the lifecycle greenhouse gas emis- merce in calendar year 2005, as determined ‘‘(iii) CALENDAR YEAR 2033 AND THERE- sions per unit of energy of that quantity of by the Administrator under paragraph (13). AFTER.—For calendar year 2033, and every 5 fuel; and ‘‘(I) FUEL PROVIDER.—The term ‘fuel pro- years thereafter, the Administrator, in con- ‘‘(bb) the maximum lifecycle greenhouse vider’ includes, as the Administrator deter- sultation with the Secretary of Agriculture gas emissions per unit of energy of that mines to be appropriate, any individual or and the Secretary of Energy, shall revise the quantity of fuel permitted for the calendar entity that produces, refines, blends, or im- applicable performance standard under year under subparagraph (A)(i)(III). ports any transportation fuel in commerce clause (i)(III) to reduce, to the maximum ex- ‘‘(D) COMPLIANCE.—— in, or into, the United States.’’; and tent practicable, the average lifecycle green- ‘‘(i) IN GENERAL.—Each fuel provider sub- (3) by striking subparagraph (O) (as redes- house gas emissions per unit of energy of the ject to this paragraph shall demonstrate ignated by paragraph (1)) and inserting the aggregate quantity of transportation fuel compliance with this paragraph, including, following: sold or introduced into commerce in the as necessary, through the use of credits ‘‘(O) TRANSPORTATION FUEL.—The term United States. banked or purchased. ‘transportation fuel’ means fuel for use in ‘‘(iv) REVISION OF REGULATIONS.—In accord- ‘‘(ii) NO LIMITATION ON TRADING OR BANK- motor vehicles, nonroad vehicles, nonroad ance with the purposes of the Lieberman- ING.—There shall be no limit on the ability engines, or aircraft.’’. Warner Climate Security Act of 2008, the Ad- of any fuel provider to trade or bank credits SEC. 1133. ESTABLISHMENT. ministrator may, as appropriate, revise the pursuant to this subparagraph. Section 211(o) of the Clean Air act (42 regulations promulgated under clause (i) as ‘‘(iii) USE OF BANKED CREDITS.—A fuel pro- U.S.C. 7545(o)) is amended by adding at the necessary to reflect or respond to changes in vider may use banked credits under this sub- end the following: the transportation fuel market or other rel- paragraph with no discount or other adjust- ‘‘(13) ADVANCED CLEAN FUEL PERFORMANCE evant circumstances. ment to the credits. ‘‘(v) METHOD OF CALCULATION.—In calcu- STANDARD.— ‘‘(iv) INABILITY TO GENERATE OR PURCHASE lating the lifecycle greenhouse gas emissions ‘‘(A) STANDARD.— SUFFICIENT CREDITS.—A fuel provider that is of hydrogen or electricity (when used as a ‘‘(i) IN GENERAL.—Not later than January 1, unable to generate or purchase sufficient transportation fuel) under clause (i)(I), the 2010, the Administrator shall, by regula- credits to meet the requirements of subpara- Administrator shall— tion— graph (A)(i)(III) may carry the compliance ‘‘(I) establish a methodology for use in de- ‘‘(I) include emission resulting from the production of the hydrogen or electricity; deficit forward, subject to the condition that termining the lifecycle greenhouse gas emis- the fuel provider, for the calendar year fol- sions per unit of energy of all transportation and ‘‘(II) consider to be equivalent to the en- lowing the year for which the deficit is cre- fuels in commerce for which the Adminis- ated— trator has not already established such a ergy delivered by 1 gallon of ethanol the en- ergy delivered by— ‘‘(I) achieves compliance with subpara- methodology; graph (A)(i)(III); and ‘‘(II) determine the fuel emission baseline; ‘‘(aa) 6.4 kilowatt-hours of electricity; ‘‘(bb) 32 standard cubic feet of hydrogen; or ‘‘(II) generates or purchases additional and credits to offset the deficit from the pre- ‘‘(III) in accordance with clause (ii), estab- ‘‘(cc) 1.25 gallons of liquid hydrogen. ceding calendar year. lish a requirement applicable to transpor- ‘‘(vi) DETERMINATION OF LIFECYCLE GREEN- ‘‘(v) TYPES OF CREDITS.—To encourage in- tation fuel providers to reduce, on an annual HOUSE GAS EMISSIONS.—In carrying out this novation in transportation fuels— average basis, the average lifecycle green- subparagraph, the Administrator shall use ‘‘(I) only credits created in the production house gas emissions per unit of energy of the the best available scientific and technical in- aggregate quantity of transportation fuel formation to determine the lifecycle green- of transportation fuels may be used for the produced, refined, blended, or imported by house gas emissions per unit of energy of purpose of compliance described in clause (i); the fuel provider to a level that is, to the transportation fuels derived from— and maximum extent practicable— ‘‘(I) renewable biomass; ‘‘(II) credits created by or in other sectors, ‘‘(aa) by not later than calendar year 2011, ‘‘(II) electricity, including the entire such as manufacturing, may not be used for at least equal to or less than the fuel emis- lifecycle of the fuel; that purpose. sion baseline; ‘‘(III) 1 or more fossil fuels, including the ‘‘(E) IMPACT ON FOOD PRODUCTION.—Not ‘‘(bb) by not later than calendar year 2012, entire lifecycle of the fuels; and later than 18 months after the date of enact- equivalent to the difference between the fuel ‘‘(IV) hydrogen, including the entire ment of this paragraph, the Administrator emission baseline and the lifecycle green- lifecycle of the fuel. shall evaluate and consider promulgating house gas emissions per unit of energy re- ‘‘(vii) EQUIVALENT EMISSIONS.—In carrying regulations to address any significant im- duced by the volumetric renewable fuel re- out this subparagraph, the Administrator pacts on access to, and production of, food quirements of paragraph (2)(B); shall consider transportation fuel derived due to the sourcing and production of fuels ‘‘(cc) by not later than calendar year 2023, from cultivated noxious plants, and trans- used to comply with this Act. at least 5 percent less than the fuel emission portation fuel derived from biomass sources ‘‘(F) NO EFFECT ON STATE AUTHORITY.— baseline; and other than renewable biomass, to have emis- Nothing in this paragraph affects the author- ‘‘(dd) by not later than calendar year 2028, sions equivalent to the greater of— ity of any State to establish, or to maintain at least 10 percent less than the fuel emis- ‘‘(I) the lifecycle greenhouse gas emissions; in effect, any transportation fuel standard sion baseline. or that reduces greenhouse gas emissions.’’.

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TITLE XII—FEDERAL PROGRAM TO Percentage for (b) USE AND AVAILABILITY OF FUNDS.— PROTECT NATURAL RESOURCES Calendar Year auction for Amounts deposited in the Forest Service Subtitle A—Auctions funds Fund under section 1202(a)(2)(B) shall be— (1) used to pay for wildland fire suppression SEC. 1201. DEFINITIONS. In this subtitle: 2032 ...... 5 activities, the costs of which are in excess of amounts annually appropriated to the Sec- (1) BUREAU OF LAND MANAGEMENT FUND.— 2033 ...... 5 The term ‘‘Bureau of Land Management 2034 ...... 5 retary of Agriculture (referred to in this sec- Fund’’ means the Bureau of Land Manage- 2035 ...... 5 tion as the ‘‘Secretary’’) for normal, non- emergency wildland fire suppression activi- ment Emergency Firefighting Fund estab- 2036 ...... 5 ties; and lished by section 1211(a). 2037 ...... 5 (2) made available without further appro- (2) FOREST SERVICE FUND.—The term ‘‘For- 2038 ...... 5 priation or fiscal year limitation. est Service Fund’’ means the Forest Service 2039 ...... 5 (c) ACCOUNTING AND REPORTING.— Emergency Firefighting Fund established by 2040 ...... 5 (1) ESTABLISHMENT OF SYSTEM.—In accord- section 1212(a). 2041 ...... 5 2042 ...... 5 ance with paragraph (2), not later than 3 (3) WILDLIFE ADAPTATION FUND.—The term years after the date of enactment of this ‘‘Wildlife Adaptation Fund’’ means the Na- 2043 ...... 5 2044 ...... 5 Act, the Secretary shall establish an ac- tional Wildlife Adaptation Fund established counting and reporting system for activities by section 1231(a). 2045 ...... 5 2046 ...... 5 carried out under this section. SEC. 1202. AUCTIONS. 2047 ...... 5 (2) REQUIREMENTS OF SYSTEM.— (a) IN GENERAL.—In accordance with sub- 2048 ...... 5 (A) NATIONAL FIRE PLAN.—To ensure that sections (b) and (c), to raise funds for deposit the accounting and reporting system estab- in the Bureau of Land Management Fund, 2049 ...... 5 2050 ...... 5. lished by the Secretary under paragraph (1) the Forest Service Fund, and the Wildlife is compatible with each reporting procedure Adaptation Fund, for each of calendar years of the National Fire Plan, the Secretary Subtitle B—Funds 2012 through 2050, the Administrator shall— shall establish the accounting and reporting (1) auction a quantity of the emission al- SEC. 1211. BUREAU OF LAND MANAGEMENT system in accordance with the National Fire EMERGENCY FIREFIGHTING FUND. lowances established pursuant to section Plan. (a) ESTABLISHMENT.—There is established 201(a) for each calendar year; and (B) MONTHLY AND ANNUAL REPORTS.—The in the Treasury of the United States a fund, (2) immediately on receipt of the auction accounting and reporting system under para- to be known as the ‘‘Bureau of Land Manage- proceeds— graph (1) shall include a requirement that ment Emergency Firefighting Fund’’, con- (A) deposit in the Bureau of Land Manage- the Secretary submit to the Committee on sisting of such amounts as are deposited in ment Fund the amount of those proceeds the Bureau of Land Management Fund under Energy and Natural Resources of the Senate that is sufficient to ensure that the amount section 1202(a)(2)(A). and the Committee on Natural Resources of in the Bureau of Land Management Fund (b) USE AND AVAILABILITY OF FUNDS.— the House of Representatives— equals $300,000,000; Amounts deposited in the Bureau of Land (i) not later than the last day of each (B) deposit in the Forest Service Fund the Management Fund under section month, a report that contains a description amount of those proceeds that is sufficient 1202(a)(2)(A) shall be— of each expenditure made from the Forest to ensure that the amount in the Forest (1) used to pay for wildland fire suppression Service Fund during the preceding month; Service Fund equals $800,000,000; and activities, the costs of which are in excess of and (C) deposit all remaining proceeds from the amounts annually appropriated to the Sec- (ii) not later than September 30 of each fis- auctions conducted under this section in the retary of the Interior (referred to in this sec- cal year, a report that contains a description Wildlife Adaptation Fund. tion as the ‘‘Secretary’’) for normal, non- of each expenditure made from the Forest (b) NUMBER; FREQUENCY.—For each cal- emergency wildland fire suppression activi- Service Fund during the preceding fiscal endar year during the period described in ties; and year. subsection (a), the Administrator shall— (2) made available without further appro- Subtitle C—National Wildlife Adaptation (1) conduct not fewer than 4 auctions; and priation or fiscal year limitation. Strategy (2) schedule the actions in a manner to en- (c) ACCOUNTING AND REPORTING.— SEC. 1221. DEFINITIONS. sure that— (1) ESTABLISHMENT OF SYSTEM.—In accord- In this subtitle: (A) each auction takes place during the pe- ance with paragraph (2), not later than 3 (1) ADVISORY BOARD.—The term ‘‘Advisory riod beginning on the date that is 35 days years after the date of enactment of this Board’’ means the Science Advisory Board after January 1 of the calendar year and end- Act, the Secretary shall establish an ac- established by the Secretary under section ing on the date that is 60 before December 31 counting and reporting system for activities 1223(a). of the calendar year; and carried out under this section. (2) GREAT LAKE.—The term ‘‘Great Lake’’ (B) the interval between each auction is of (2) REQUIREMENTS OF SYSTEM.— means— equal duration. (A) NATIONAL FIRE PLAN.—To ensure that (A) Lake Erie; (c) QUANTITIES OF EMISSION ALLOWANCES the accounting and reporting system estab- (B) Lake Huron (including Lake Saint AUCTIONED.—For each calendar year of the lished by the Secretary under paragraph (1) Clair); period described in subsection (a), the Ad- is compatible with each reporting procedure (C) Lake Michigan; ministrator shall auction a quantity of emis- of the National Fire Plan, the Secretary (D) Lake Ontario; sion allowances in accordance with the ap- shall establish the accounting and reporting (E) Lake Superior; and plicable percentages described in the fol- system in accordance with the National Fire (F) the connecting channels of those lowing table: Plan. Lakes, including— (B) MONTHLY AND ANNUAL REPORTS.—The (i) the Saint Marys River; Percentage for accounting and reporting system under para- (ii) the Saint Clair River; Calendar Year auction for graph (1) shall include a requirement that (iii) the Detroit River; funds the Secretary submit to the Committee on (iv) the Niagara River; and Energy and Natural Resources of the Senate (v) the Saint Lawrence River to the Cana- 2012 ...... 3 and the Committee on Natural Resources of dian border. 2013 ...... 2.5 the House of Representatives— (3) NATIONAL STRATEGY.—The term ‘‘na- 2014 ...... 2.5 (i) not later than the last day of each tional strategy’’ means the National Wildlife 2015 ...... 2.5 month, a report that contains a description Adaptation Strategy developed by the Presi- 2016 ...... 2.5 of each expenditure made from the Bureau of dent under section 1222(a). 2017 ...... 2.5 Land Management Fund during the pre- (4) SCIENCE CENTER.—The term ‘‘Science 2018 ...... 2.5 ceding month; and Center’’ means the Climate Change and Nat- 2019 ...... 2.5 (ii) not later than September 30 of each fis- ural Resource Science Center established 2020 ...... 2.5 cal year, a report that contains a description under section 1224(a). 2021 ...... 2.5 of each expenditure made from the Bureau of (5) SECRETARY.—The term ‘‘Secretary’’ 2022 ...... 2.5 Land Management Fund during the pre- means the Secretary of the Interior. 2023 ...... 3 ceding fiscal year. SEC. 1222. NATIONAL STRATEGY. 2024 ...... 3 SEC. 1212. FOREST SERVICE EMERGENCY FIRE- (a) IN GENERAL.—Not later than 3 years 2025 ...... 4 FIGHTING FUND. after the date of enactment of this Act, the 2026 ...... 4 (a) ESTABLISHMENT.—There is established President shall develop and implement a na- 2027 ...... 4 in the Treasury of the United States a fund, tional strategy to be known as the ‘‘National 2028 ...... 4 to be known as the ‘‘Forest Service Emer- Wildlife Adaptation Strategy’’ to assist fish 2029 ...... 4 gency Firefighting Fund’’, consisting of such and wildlife, fish and wildlife habitat, plants, 2030 ...... 4 amounts as are deposited in the Forest Serv- aquatic and terrestrial ecosystems, and asso- 2031 ...... 4 ice Fund under section 1202(a)(2)(B). ciated ecological processes—

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.101 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5089 (1) to become more resilient; and (11) to protect, maintain, and restore (2) identify and recommend priorities for (2) to adapt to the impacts of climate floodplains to build healthy and resilient ongoing research needs regarding those change and ocean acidification. ecosystems (including through the purchase issues; and (b) ADMINISTRATION.—In establishing and of land in floodplains); (3) review the quality of the research pro- revising the national strategy, the President (12) to protect, maintain, and restore grams carried out by the Science Center. shall— aquatic and terrestrial ecosystems to ensure (c) COLLABORATION.—The Advisory Board (1) base the national strategy on the best the long-term sustainability of the eco- shall collaborate with any other climate available science, as provided by the Advi- systems for human and ecosystem use; change or ecosystem research entity of any sory Board; (13) to explore pollution prevention oppor- other Federal agency. (2) develop the national strategy in co- tunities to reduce or eliminate the environ- (d) PUBLIC AVAILABILITY.—The advice and operation with— mental impacts caused by climate change on recommendations of the Advisory Board (A) State fish and wildlife agencies; aquatic and terrestrial ecosystems; and shall be made available to the public. (B) State coastal agencies; (14) to incorporate consideration of climate (e) NONAPPLICABILITY OF FACA.—The Advi- (C) State environmental agencies; change and ocean acidification, and to inte- sory Board shall not be subject to the Fed- (D) territories and possessions of the grate adaptation strategies and activities for eral Advisory Committee Act (5 U.S.C. App.). United States; and fish and wildlife, fish and wildlife habitat, SEC. 1224. CLIMATE CHANGE AND NATURAL RE- (E) Indian tribes; plants, aquatic and terrestrial ecosystems, SOURCE SCIENCE CENTER. (3) coordinate with— and associated ecological processes, in the (a) IN GENERAL.—The Secretary shall es- (A) the Secretary; planning and management of Federal land tablish a Climate Change and Natural Re- (B) the Secretary of Commerce; and water administered by the Federal agen- source Science Center within the Depart- (C) the Secretary of Agriculture; cies that receive funding under subtitle D. ment of the Interior. (b) FUNCTIONS.—In operating the Science (D) the Secretary of Defense; (d) COORDINATION WITH OTHER PLANS.—In (E) the Administrator; and developing the national strategy, the Presi- Center, the Secretary, in coordination with (F) the head of any other appropriate Fed- dent shall, to the maximum extent prac- the Secretaries of Agriculture, Commerce, eral agency, as determined by the President; ticable— and Defense, and the Administrator, and in (4) consult with— (1) take into consideration research and in- consultation with State fish and wildlife (A) local governments; formation contained in— management agencies, State coastal man- (B) conservation organizations; (A) State comprehensive wildlife conserva- agement agencies, territories or possessions (C) scientists; and tion plans; of the United States, and Indian tribes, (D) any other interested stakeholder; and (B) the North American Waterfowl Man- shall— (5) provide public notice and opportunity agement Plan; (1) conduct scientific research on national for comment. (C) the National Fish Habitat Action Plan; issues relating to the impacts of climate (c) CONTENTS.—The President shall include (D) coastal zone management plans; change on the respective authority of each in the national strategy, at a minimum, (E) reports published by the Pew Oceans Federal agency over, and mechanisms of prioritized goals and measures and a sched- Commission and the United States Commis- each Federal agency for, adaptation, and ule for implementation— sion on Ocean Policy; avoidance and minimization of, the impacts (1) to identify and monitor fish and wild- (F) State or local integrated water re- on fish, wildlife, and plants, the habitats of life, fish and wildlife habitat, plants, aquatic source management plans; fish, wildlife, and plants, and associated eco- and terrestrial ecosystems, and associated (G) watershed plans developed pursuant to logical processes; ecological processes that— section 208 or 319 of the Federal Water Pollu- (2) consult with and advise Federal land, (A) are particularly likely to be adversely tion Control Act (33 U.S.C. 1288 and 1329); water, and natural resource management affected by climate change and ocean acidifi- (H) the Great Lakes Regional Collabora- and regulatory agencies and Federal fish and cation; and tion Strategy; and wildlife agencies on— (B) have the greatest need for protection, (I) other relevant plans; and (A) the impacts of climate change on fish, restoration, and conservation; (2) coordinate and integrate the goals and wildlife, and plants, the habitats of fish, (2) to identify and monitor coastal, estua- measures identified in the national strategy wildlife, and plants, and associated ecologi- rine, marine, terrestrial, and freshwater with the goals and measures identified in cal processes; and habitats that are at the greatest risk of those plans. (B) mechanisms for addressing the impacts being damaged by climate change and ocean (e) REVISIONS.—Not later than 5 years after described in subparagraph (A); acidification; the date on which the national strategy is (3) consult and, to the maximum extent (3) to assist species in adapting to the im- developed, and not less frequently than every practicable, collaborate with State and local pacts of climate change and ocean acidifica- 5 years thereafter, the President shall review agencies, territories or possessions of the tion; and revise the national strategy in accord- United States, Indian tribes, universities, (4) to protect, acquire, maintain, and re- ance with the procedures described in this and other public and private entities regard- store fish and wildlife habitat to build resil- section. ing research, monitoring, and other efforts ience to climate change and ocean acidifica- SEC. 1223. SCIENCE ADVISORY BOARD. to address the impacts of climate change on tion; (a) ESTABLISHMENT.—Not later than 180 fish, wildlife, and plants, the habitats of fish, (5) to provide habitat linkages and cor- days after the date of enactment of this Act, wildlife, and plants, and associated ecologi- ridors to facilitate fish, wildlife, and plant the Secretary shall establish and appoint the cal processes; and movement in response to climate change and members of an Advisory Board that is com- (4) collaborate and, as appropriate, enter ocean acidification; posed of— into contracts with Federal and non-Federal (6) to restore and protect ecological proc- (1) not fewer than 10, and not more than 20, climate change research entities to ensure esses that sustain fish, wildlife, and plant members who— that the full array of ecosystem types are populations that are vulnerable to climate (A) are recommended by the President of appropriately addressed. change and ocean acidification; the National Academy of Sciences; Subtitle D—National Wildlife Adaptation (7) to protect, maintain, and restore coast- (B) have expertise in fish, wildlife, plant, Program al, marine, and aquatic ecosystems to ensure aquatic, and coastal and marine biology, hy- SEC. 1231. NATIONAL WILDLIFE ADAPTATION that the ecosystems are more resilient and drology, ecology, climate change, ocean FUND. better able to withstand the additional acidification, and other relevant scientific (a) ESTABLISHMENT.—There is established stresses associated with climate change, in- disciplines; and in the Treasury of the United States a fund, cluding changes in— (C) represent a balanced membership be- to be known as the ‘‘National Wildlife Adap- (A) hydrology; tween Federal, State, local, and tribal rep- tation Fund’’, consisting of such amounts as (B) relative sea level rise; resentatives, universities, and conservation are deposited in the Wildlife Adaptation (C) ocean acidification; and organizations; and Fund under section 1202(a)(2)(C). (D) water levels and temperatures of the (2) each Director of the Science Center, (b) USE AND AVAILABILITY OF FUNDS.— Great Lakes; each of whom shall be an ex officio member Amounts deposited in the Wildlife Adapta- (8) to protect ocean and coastal species of the Advisory Board. tion Fund under section 1202(a)(2)(C) shall from the impacts of climate change and (b) DUTIES.—The Advisory Board shall— be— ocean acidification; (1) advise the President, the Directors of (1) used to carry out activities (including (9) to incorporate adaptation strategies the Science Center, and relevant Federal research and education activities) to assist and activities to address relative sea level agencies and departments on— fish and wildlife, fish and wildlife habitat, rise and changes in Great Lakes water levels (A) the best available science regarding the plants, aquatic and terrestrial ecosystems, in coastal zone planning; impacts of climate change and ocean acidifi- and associated ecological processes in be- (10) to protect, maintain, and restore ocean cation on fish and wildlife, habitat, plants, coming more resilient, adapting to, and sur- and coastal habitats to build healthy and re- aquatic and terrestrial ecosystems, and asso- viving the impacts of, climate change and silient ecosystems (including through the ciated ecological processes; and ocean acidification (referred to in this sub- purchase of aquatic and terrestrial eco- (B) scientific strategies and mechanisms title as ‘‘adaptation activities’’) pursuant to systems and coastal and island land); for adaptation; this subtitle; and

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.101 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5090 CONGRESSIONAL RECORD — SENATE June 4, 2008 (2) made available without further appro- available to Indian tribes to carry out adap- (2) the community-based restoration pro- priation or fiscal year limitation. tation activities through the tribal wildlife gram; (c) CONSISTENCY WITH NATIONAL STRAT- grants program of the United States Fish (3) the Coastal Zone Management Act of EGY.— and Wildlife Service. 1972 (16 U.S.C. 1451 et seq.), subject to the (1) IN GENERAL.—Subject to paragraph (2), SEC. 1233. FOREST SERVICE. condition that State coastal agencies shall effective beginning on the date on which the Of the amounts made available annually incorporate, and the Secretary of Commerce President establishes the national strategy under section 1231(b), 10 percent shall be allo- shall approve, coastal zone management plan under section 1222, funds made available cated to the Secretary of Agriculture for use elements that are— under subsection (b) shall be used only for in funding adaptation activities carried (A) consistent with the National Wildlife adaptation activities that are consistent out— Adaptation Strategy developed by the Presi- with the national strategy. (1) on National Forests and National dent under section 1222(a), as part of a coast- (2) INITIAL PERIOD.—Until the date on Grasslands under the jurisdiction of the For- al zone management program established which the President establishes the national est Service; or under this Act; and strategy, funds made available under sub- (2) pursuant to the cooperative Wings (B) specifically designed to strengthen the section (b) shall be used only for adaptation Across the Americas Program. ability of coastal, estuarine, and marine re- activities that are consistent with a work- SEC. 1234. ENVIRONMENTAL PROTECTION AGEN- sources, habitats, and ecosystems to adapt plan established by the President. CY. to and withstand the impacts of— SEC. 1232. DEPARTMENT OF THE INTERIOR. Of the amounts made available annually (i) global warming; and Of the amounts made available annually under section 1231(b), 12 percent shall be allo- (ii) where practicable, ocean acidification; under section 1231(b)— cated to the Administrator for use in adapta- (4) the Open Rivers Initiative; (1) 34 percent shall be allocated to the Sec- tion activities for restoring and protecting— (5) the Magnuson Fishery Conservation and retary of the Interior for use in funding— (1) large-scale freshwater aquatic eco- Management Act (16 U.S.C. 1801 et seq.); (A) adaptation activities carried out— systems, including the Everglades, the Great (6) the Marine Mammal Protection Act of (i) under endangered species, migratory Lakes, Flathead Lake, the Missouri River, 1972 (16 U.S.C. 1361 et seq.); bird, and other fish and wildlife programs ad- the Mississippi River, the Colorado River, (7) the Endangered Species Act of 1973 (16 ministered by the United States Fish and the Sacramento-San Joaquin Rivers, the U.S.C. 1531 et seq.); Wildlife Service; , the Columbia-Snake River Sys- (8) the Marine Protection, Research, and (ii) on wildlife refuges and other public tem, the Apalachicola, the Chattahoochee Sanctuaries Act of 1972 (33 U.S.C. 1401 et land under the jurisdiction of the United and Flint River System, the Connecticut seq.); and States Fish and Wildlife Service, the Bureau River, and the Yellowstone River; (9) the Coral Reef Conservation Act of 2000 of Land Management, or the National Park (2) large-scale estuarine ecosystems, in- (16 U.S.C. 6401 et seq.). Service; cluding the Chesapeake Bay, Long Island (iii) within Federal water managed by the SEC. 1237. NATIONAL ACADEMY OF SCIENCES RE- Sound, Puget Sound, the Mississippi River Bureau of Reclamation; or PORT. Delta, San Francisco Bay Delta, Narragan- (iv) to address the requirements of Federal sett Bay, and Albemarle-Pamlico Sound; and (a) IN GENERAL.—Not later than 1 year and State natural resource agencies through (3) other freshwater, estuarine, coastal, after the date of enactment of this Act, the coordination, dissemination, and augmenta- and marine ecosystems, watersheds, basins, Secretary of the Interior shall offer to enter tion of research regarding the impacts of cli- into an arrangement with the National mate change on fish, wildlife, and plants, the and groundwater resources identified as pri- orities by the Administrator (including those Academy of Sciences, under which the Acad- habitats of fish, wildlife, and plants, and eco- emy shall establish a panel— logical processes, and the mechanisms to identified in accordance with section 320 of the Federal Water Pollution Control Act (33 (1) to convene multiple regional scientific adapt to, mitigate, or prevent those impacts symposia to examine the ecological impact by the Science Center within the United U.S.C. 1330)), working in cooperation with other Federal agencies, States, local govern- of climate change on imperiled species in States Geological Survey— each region of the United States; and (I) in coordination with the Secretaries of ments, scientists, and other conservation partners. (2) to examine and analyze the reports, Agriculture, Commerce, and Defense, and the data, documents, and other information pro- SEC. 1235. CORPS OF ENGINEERS. Administrator; and duced by the regional scientific symposia. (II) in consultation with State fish and Of the amounts made available annually wildlife management agencies, State envi- under section 1231(b), 15 percent shall be allo- (b) REPORT.— ronmental, coastal, and Great Lakes man- cated to the Secretary of the Army for use (1) IN GENERAL.—The National Academy of agement agencies, territories or possessions by the Corps of Engineers to carry out adap- Sciences shall prepare and submit to the of the United States, and Indian tribes; tation activities for protecting and restor- Secretary of the Interior a report that— (B) the Advisory Board; and ing— (A) incorporates the information produced (C) the Science Center; (1) large-scale freshwater aquatic eco- through the symposia described in sub- (2) 10 percent shall be allocated to the Sec- systems, including the ecosystems described section (a)(1); and retary of the Interior for adaptation activi- in section 1234(1); (B) includes each component described in ties carried out under cooperative grant pro- (2) large-scale estuarine ecosystems, in- paragraph (2). grams, including— cluding the ecosystems described in section (2) CONTENTS.—The report under paragraph (A) the cooperative endangered species 1234(2); (1) shall include— conservation fund authorized under section (3) other freshwater, estuarine, coastal and (A) an identification and assessment of the 6(i) of the Endangered Species Act of 1973 (16 marine ecosystems, watersheds, basins, and impacts of climate change and ocean acidifi- U.S.C. 1535(i)); groundwater resources identified as prior- cation on imperiled species, ecosystems, and (B) programs under the North American ities by the Corps of Engineers, working in waters under the jurisdiction of the United Wetlands Conservation Act (16 U.S.C. 4401 et cooperation with other Federal agencies, States (including the possessions and terri- seq.); States, local governments, scientists, and tories of the United States); (C) the multinational species conservation other conservation partners; and (B) an identification and assessment of dif- fund established under the heading ‘‘MULTI- (4) habitats or ecosystems under programs ferent ecological scenarios that may result NATIONAL SPECIES CONSERVATION FUND’’ of such as— from different intensities, rates, and other title I of the Department of the Interior and (A) the Estuary Restoration Act of 2000 (33 critical manifestations of climate change; Related Agencies Appropriations Act, 1999 U.S.C. 2901 et seq.); (C) recommendations for the responsibil- (16 U.S.C. 4246); (B) project modifications in accordance ities of the Federal Government, State, (D) the Neotropical Migratory Bird Con- with section 1135 of the Water Resources De- local, and tribal agencies, and private par- servation Fund established by section 9(a) of velopment Act of 1986 (33 U.S.C. 2309a) for ties in assisting imperiled species in adapt- the Neotropical Migratory Bird Conservation improvement of the environment; and ing to, and surviving the impacts of, climate Act (16 U.S.C. 6108(a)); (C) the program for aquatic restoration change (including a recommended list of (E) the Coastal Program of the United under section 206 of the Water Resources De- prioritized remediation actions by those States Fish and Wildlife Service; velopment Act of 1996 (33 U.S.C. 2330). agencies and parties); and (F) the National Fish Habitat Action Plan; SEC. 1236. DEPARTMENT OF COMMERCE. (D) other relevant ecological information. (G) the Partners for Fish and Wildlife Pro- Of the amounts made available annually (3) PUBLIC AVAILABILITY.—The report shall gram; under section 1231(b), 17 percent shall be allo- be made available to the public as soon as (H) the Landowner Incentive Program; cated to the Secretary of Commerce for use practicable after the date on which the re- (I) the Wildlife Without Borders Program in funding adaptation activities to protect, port is completed. of the United States Fish and Wildlife Serv- maintain, and restore coastal, estuarine, (c) USE OF REPORT BY HEADS OF CERTAIN ice; and Great Lakes, and marine resources, habitats, FEDERAL AGENCIES.—The Secretaries of Agri- (J) the Park Flight Migratory Bird Pro- and ecosystems, including activities carried culture, Commerce, the Interior, and De- gram of the National Park Service; and out under— fense, and the Administrator, shall take into (3) 2 percent shall be allocated to the Sec- (1) the coastal and estuarine land conserva- account each recommendation contained in retary of the Interior and subsequently made tion program; the report under subsection (b).

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.101 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5091 TITLE XIII—INTERNATIONAL PARTNER- (iii) For determinations under clause (i), case may be) as compared to the baseline SHIPS TO REDUCE EMISSIONS AND the Commission shall develop rules for tak- emission level of the country, which percent- ADAPT TO CLIMATE CHANGE ing into account net transfers to and from age for the country shall be equal to the the United States and the other foreign quotient obtained by dividing— Subtitle A—Promoting Fairness While country of greenhouse gas allowances and (A) the quantity of the decrease or increase Reducing Emissions other emission credits. in the total nationwide greenhouse gas emis- SEC. 1301. DEFINITIONS. (iv) Any determination on comparable ac- sions for the country, as compared to the In this subtitle: tion made by the Commission under this baseline emission level for the country; by (1) BASELINE EMISSION LEVEL.— paragraph shall comply with applicable (B) the baseline emission level for the (A) COVERED GOODS.—With respect to a cov- international agreements. country. ered good of a foreign country, the term (5) COMPLIANCE YEAR.—The term ‘‘compli- (15) PRIMARY PRODUCT.—The term ‘‘pri- ‘‘baseline emission level’’ means, as deter- ance year’’ means each calendar year for mary product’’ means— mined by the Commission, the total annual which the requirements of this title apply to (A) iron, steel, steel mill products (includ- greenhouse gas emissions attributed to the a category of covered goods of a covered for- ing pipe and tube), aluminum, cement, glass category of the covered good of the foreign eign country that is imported into the (including flat, container, and specialty United States. glass and fiberglass), pulp, paper, chemicals, country during calendar year 2005, based on (6) COVERED FOREIGN COUNTRY.—The term or industrial ceramics; and the best available information. ‘‘covered foreign country’’ means a foreign (B) any other manufactured product that— (B) COUNTRIES.—With respect to the United country that is included on the covered list (i) is sold in bulk for purposes of further States or a foreign country, the term ‘‘base- prepared under section 1306(b)(3). manufacture or inclusion in a finished prod- line emission level’’ means, as determined by (7) COVERED GOOD.—The term ‘‘covered uct; and the Commission, the total annual nationwide good’’ means a good that, as identified by (ii) generates, in the course of the manu- greenhouse gas emissions attributed to the the Administrator by regulation— facture of the product, direct greenhouse gas country during calendar year 2005, based on (A) is a primary product or manufactured emissions or indirect greenhouse gas emis- the best available information. item for consumption; sions that are comparable (on an emissions- (2) BEST AVAILABLE INFORMATION.—The (B) generates, in the course of the manu- per-output basis) to emissions generated in term ‘‘best available information’’ means— facture of the good, a substantial quantity of the manufacture of products by covered enti- (A) all relevant data that are available for direct greenhouse gas emissions or indirect ties in the industrial sector. a particular period; and greenhouse gas emissions; and SEC. 1302. PURPOSES. (B) to the extent necessary— (C) is closely related to a good the cost of The purposes of this subtitle are— (i) economic and engineering models; production of which in the United States is (1) to promote a strong global effort to sig- (ii) best available information on tech- affected by a requirement of this Act. nificantly reduce greenhouse gas emissions; nology performance levels; and (8) ENTER; ENTRY.—The terms ‘‘enter’’ and (2) to ensure, to the maximum extent prac- (iii) any other useful measure or technique ‘‘entry’’ mean the point at which a covered ticable, that greenhouse gas emissions occur- for estimating the emissions from emissions good passes into, or is withdrawn from a ring outside the United States do not under- activities. warehouse for consumption in, the customs mine the objectives of the United States in (3) COMMISSION.—The term ‘‘Commission’’ territory of the United States. addressing global climate change; and means the International Climate Change (9) FOREIGN COUNTRY.—The term ‘‘foreign (3) to encourage effective international ac- Commission established by section 1304(a). country’’ means any country or separate tion to achieve those objectives through— (4) COMPARABLE ACTION.— customs territory other than the United (A) agreements negotiated between the (A) IN GENERAL.—The term ‘‘comparable States. United States and foreign countries; and action’’ means any greenhouse gas regu- (10) INDIRECT GREENHOUSE GAS EMISSIONS.— (B) measures carried out by the United latory programs, requirements, and other The term ‘‘indirect greenhouse gas emis- States that comply with applicable inter- measures adopted by a foreign country that, sions’’ means greenhouse gas emissions re- national agreements. in combination, are comparable in effect to sulting from the generation of electricity SEC. 1303. INTERNATIONAL NEGOTIATIONS. actions carried out by the United States consumed in manufacturing a covered good. (a) FINDING.—Congress finds that the pur- through Federal, State, and local measures (11) INTERNATIONAL AGREEMENT.—The term poses described in section 1302 can be most to limit greenhouse gas emissions, as deter- ‘‘international agreement’’ means any inter- effectively addressed and achieved through mined by the Commission in accordance with national agreement to which the United agreements negotiated between the United subparagraph (B). States is a party, including the Marrakesh States and foreign countries. (B) REQUIREMENTS.—For purposes of sub- agreement establishing the World Trade Or- (b) NEGOTIATING OBJECTIVE.— paragraph (A), the Commission shall make a ganization, done at Marrakesh on April 15, (1) STATEMENT OF POLICY.—It is the policy determination on whether a foreign country 1994. of the United States to work proactively has taken comparable action for a particular (12) INTERNATIONAL RESERVE ALLOWANCE.— under the United Nations Framework Con- calendar year based on the best available in- The term ‘‘international reserve allowance’’ vention on Climate Change and, in other ap- formation and in accordance with the fol- means an allowance (denominated in units of propriate forums, to establish binding agree- lowing requirements: metric tons of carbon dioxide equivalent) ments committing all major greenhouse gas- (i) A foreign country shall be considered to that is— emitting nations to contribute equitably to have taken comparable action if the Com- (A) purchased from a special reserve of al- the reduction of global greenhouse gas emis- mission determines that the percentage lowances pursuant to section 1306(a)(2); and sions. change in greenhouse gas emissions in the (B) used for purposes of meeting the re- (2) INTENT OF CONGRESS REGARDING OBJEC- foreign country during the relevant period is quirements of section 1306. TIVE.—To the extent that the agreements de- equal to or greater than the percentage (13) MANUFACTURED ITEM FOR CONSUMP- scribed in subsection (a) involve measures change in greenhouse emissions of the TION.—The term ‘‘manufactured item for that will affect international trade in any United States during that period. consumption’’ means any good or product— good or service, it is the intent of Congress (ii) In the case of a foreign country that is (A) that is not a primary product; that— not considered to have taken comparable ac- (B) that generates, in the course of the (A) the negotiating objective of the United tion under clause (i), the Commission shall manufacture, a substantial quantity of di- States shall be to focus multilateral and bi- take into consideration, in making a deter- rect greenhouse gas emissions or indirect lateral international agreements on the re- mination on comparable action for that for- greenhouse gas emissions, including emis- duction of greenhouse gas emissions to ad- eign country, the extent to which, during the sions attributable to the inclusion of a pri- vance achievement of the purposes described relevant period, the foreign country has im- mary product in the manufactured item for in section 1302; and plemented, verified, and enforced each of the consumption; and (B) the United States should attempt to following: (C) for which the Commission, in consulta- achieve that objective through the negotia- (I) The deployment and use of state-of-the- tion with the Administrator, determines tion of international agreements that— art technologies in industrial processes, that the application of an international re- (i) with respect to foreign countries that equipment manufacturing facilities, power serve allowance requirement under section are not taking comparable action, promote generation and other energy facilities, and 1306 to the particular category of goods or the adoption of regulatory programs, re- consumer goods (such as automobiles and ap- products is administratively feasible and quirements, and other measures that are pliances), and implementation of other tech- necessary to achieve the purposes of this comparable in effect to the actions carried niques or actions, that have the effect of lim- subtitle. out by the United States to limit greenhouse iting greenhouse gas emissions of the foreign (14) PERCENTAGE CHANGE IN GREENHOUSE gas emissions on a nationwide basis; and country during the relevant period. GAS EMISSIONS.—The term ‘‘percentage (ii) with respect to foreign countries that (II) Any regulatory programs, require- change in greenhouse gas emissions’’, with are taking comparable action, promote the ments, and other measures that the foreign respect to a country, means, as determined adoption of requirements similar in effect to country has implemented to limit green- by the Commission, the percentage by which the requirements of this subtitle to advance house gas emissions during the relevant peri- greenhouse gas emissions, on a nationwide the achievement of the purposes described in ods. basis, have decreased or increased (as the section 1302.

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(c) NOTIFICATION TO FOREIGN COUNTRIES.— (B) SERVICE UNTIL NEW APPOINTMENT.—The penalty on a United States importer of cov- As soon as practicable after the date of en- term of a commissioner shall continue after ered goods if that importer fails to submit actment of this Act, the President shall pro- the expiration of the term of the commis- the required number of international reserve vide to each applicable foreign country a no- sioner until the date on which a replacement allowances, as specified in section 1306, in an tification of the negotiating objective of is appointed by the President and confirmed amount equal to the excess emissions pen- United States described in subsection (b), in- by the Senate. alty that an owner or operator of a covered cluding— (C) VACANCY.—Any commissioner ap- entity would be required to submit for non- (1) a request that the foreign country take pointed to fill a vacancy occurring before the compliance under section 203. comparable action to limit the greenhouse expiration of the term for which the prede- (2) PROHIBITION ON IMPORTERS.—The Com- gas emissions of the foreign country, unless cessor was appointed shall be appointed for mission may prohibit a United States im- that foreign country would otherwise be ex- the remainder of the term. porter from entering covered goods for a pe- cluded under clause (ii) or (iii) of section (D) REAPPOINTMENT.—An individual who riod not to exceed 5 years, if the importer— 1306(b)(2)(A); and has served as a commissioner for a term of (A) fails to pay a penalty for noncompli- (2) an estimate of the percentage change in more than 7 years shall not be eligible for re- ance imposed under paragraph (1); or greenhouse gas emissions that the United appointment. (B) submits a written declaration under States expects to achieve annually through (5) CHAIRPERSON AND VICE-CHAIRPERSON.— section 1306(c) that provides false or mis- Federal, State, and local measures during (A) DESIGNATION.— leading information for the purpose of cir- the 10-year period beginning on January 1, (i) IN GENERAL.—The President shall des- cumventing the international reserve re- 2012. ignate a Chairperson and Vice Chairperson of quirements of this subtitle. (d) REPORT TO CONGRESS.—Not later than 2 the Commission from the commissioners (3) DELEGATION TO BICE.— years after the date of enactment of this that are eligible for designation under sub- (A) IN GENERAL.—The Commission, as ap- Act, and every 3 years thereafter, the Presi- paragraph (C). propriate, may delegate to the Bureau of Im- dent shall submit to Congress a report de- (ii) FAILURE TO DESIGNATE.—If the Presi- migration and Customs Enforcement any scribing the progress made by the United dent fails to designate a Chairperson under power of the Commission under this sub- States in achieving the negotiating objective clause (i), the commissioner with the longest section. described in subsection (b). period of continuous service on the Commis- (B) ENFORCEMENT.—On delegation by the SEC. 1304. INTERNATIONAL CLIMATE CHANGE sion shall serve as Chairperson. Commission of a power under subparagraph COMMISSION. (B) TERM OF SERVICE.—The Chairperson (A), the Bureau of Immigration and Customs (a) ESTABLISHMENT.—There is established a and Vice-Chairperson shall each serve for a commission, to be known as the ‘‘Inter- Enforcement shall carry out the power in ac- term of 4 years. cordance with such procedures and require- national Climate Change Commission’’. (C) ELIGIBILITY REQUIREMENTS.— RGANIZATION ments as the Commission may establish. (b) O .— (i) CHAIRPERSON.—The President may des- (1) MEMBERSHIP.— ignate as Chairperson of the Commission any SEC. 1305. DETERMINATIONS ON COMPARABLE ACTION. (A) IN GENERAL.—The Commission shall be commissioner who— (a) IN GENERAL.—Not later than July 1, composed of 6 commissioners to be appointed (I) is not affiliated with the political party 2013, and annually thereafter, the Commis- by the President, by and with the advice and with which the Chairperson of the Commis- consent of the Senate. sion for the immediately preceding year was sion shall determine whether, and the extent (B) REQUIREMENTS.—Each commissioner affiliated; and to which, each foreign country that is not shall— (II) except in the case of the first commis- exempted under subsection (b) has taken (i) be a citizen of the United States; and sioners appointed to the Commission, has comparable action to limit the greenhouse (ii) have the required qualifications for de- served on the Commission for not less than 1 gas emissions of the foreign country, based veloping knowledge and expertise relating to year. on best available information and a compari- international climate change matters, as the (ii) VICE-CHAIRPERSON.—The President may son between actions that— President determines to be necessary for per- designate as the Vice Chairperson of the (1) the foreign country carried out during forming the duties of the Commission under Commission any commissioner who is not af- the calendar year immediately preceding the this subtitle. filiated with the political party with which calendar year in which the Commission is (2) APPOINTMENT OF COMMISSIONERS.— the Chairperson is affiliated. making a determination under this sub- (A) IN GENERAL.—Not later than 90 days (6) QUORUM.—A majority of commissioners section; and after the date of enactment of this Act, the shall constitute a quorum. (2) the United States carried out during President shall appoint the commissioners to (7) VOTING.— the calendar year immediately preceding the the Commission in accordance with this sub- (A) REQUIREMENT.—The Commission shall calendar year referred to in paragraph (1). section. not carry out any duty or power of the Com- (b) EXEMPTION.—The Commission shall ex- (B) FAILURE TO APPOINT.— mission unless— empt from a determination under subsection (i) IN GENERAL.—If the President fails to (i) a quorum is present at the relevant pub- (a) for a calendar year any foreign country appoint 1 or more commissioners by the lic meeting of the Commission; and that is placed on the excluded list pursuant deadline described in subparagraph (A), the (ii) a majority of commissioners com- to clause (ii) or (iii) of section 1306(b)(2)(A) International Trade Commission shall ap- prising the quorum, and any commissioner for that calendar year. point the remaining commissioners by not voting by proxy, votes to carry out the duty (c) REPORTS.—The Commission shall, as ex- later than 180 days after the date of enact- or function. peditiously as practicable— ment of this Act. (B) EQUALLY DIVIDED VOTES.—With respect (1) submit to the President and Congress (ii) TERMINATION OF AUTHORITY.—On ap- to a determination of the Commission re- an annual report describing the determina- pointment of a commissioner by the Inter- garding whether a foreign country has taken tions of the Commission under subsection (a) national Trade Commission under clause (i), comparable action under section 1305, if the for the most recent calendar year; and the authority of the President to appoint votes of the commissioners are equally di- (2) publish a description of the determina- commissioners under this subsection shall vided, the foreign country shall be consid- tions in the Federal Register. terminate. ered not to have taken comparable action. SEC. 1306. INTERNATIONAL RESERVE ALLOW- (3) POLITICAL AFFILIATION.— (c) DUTIES.—The Commission shall— ANCE PROGRAM. (A) IN GENERAL.—Not more than 3 commis- (1) determine whether foreign countries are (a) ESTABLISHMENT.— sioners serving at any time shall be affili- taking comparable action under section 1305; (1) IN GENERAL.—The Administrator shall ated with the same political party. (2) establish foreign country lists under establish a program under which the Admin- (B) REQUIREMENT.—In appointing commis- section 1306(b); istrator shall offer for sale to United States sioners to the Commission, the President or (3) classify categories of goods and prod- importers international reserve allowances the International Trade Commission, as ap- ucts as manufactured items for consumption in accordance with this subsection. plicable, shall alternately appoint commis- in accordance with the requirements of sec- (2) SOURCE.—International reserve allow- sioners from each political party, to the tion 1301(13); ances under paragraph (1) shall be issued maximum extent practicable. (4) determine the economic adjustment from a special reserve of allowances that is (4) TERM OF COMMISSIONERS; REAPPOINT- ratio that applies to covered goods of cov- separate from, and established in addition MENT.— ered foreign countries under section to, the quantity of allowances established (A) IN GENERAL.—The term of a commis- 1306(d)(4); pursuant to section 201(a). sioner shall be 12 years, except that the com- (5) adjust the international reserve allow- (3) DATE OF SALE.—A United States im- missioners first appointed under paragraph ance requirements pursuant to section 1307; porter shall be able to purchase inter- (2) shall be appointed to the Commission in and national reserve allowances under this sub- a manner that ensures that— (6) carry out such other activities as the section by not later than the earliest date on (i) the term of not more than 1 commis- Commission determines to be appropriate to which the Administrator distributes allow- sioner shall expire during any 2-year period; implement this subtitle. ances under any of titles V through XI. and (d) POWERS.— (4) PRICE.— (ii) no commissioner serves a term of more (1) PENALTY FOR NONCOMPLIANCE.—The (A) IN GENERAL.—The Administrator shall than 12 years. Commission may impose an excess emissions establish, by regulation, a methodology for

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determining the daily price of international the ‘‘covered list’’, the name of each foreign (II) EXCESS ALLOWANCES.—If the quantity reserve allowances for sale under paragraph country the covered goods of which are sub- of international reserve allowances deposited (1). ject to the requirements of this section. under paragraph (3)(D)(i) exceed the quantity (B) REQUIREMENT.—The methodology under (B) REQUIREMENT.—The covered list shall described in the final assessment, the Bureau subparagraph (A) shall require the Adminis- include each foreign country that is not in- of Immigration and Customs Enforcement trator— cluded on the excluded list under paragraph shall refund the excess quantity of allow- (i) not later than the date on which im- (2). ances. porters may first purchase international al- (c) WRITTEN DECLARATIONS.— (III) INSUFFICIENT ALLOWANCES.—If the lowances under paragraph (3), and annually (1) IN GENERAL.—Effective beginning Janu- quantity of international reserve allowances thereafter, to identify 3 leading publicly re- ary 1, 2014, a United States importer of any described in the final assessment exceeds the ported daily price indices for the sale of covered good shall, as a condition of entry of quantity of allowances deposited under para- emission allowances established pursuant to the covered good into the United States, sub- graph (3)(D)(i), the applicable importer shall section 201(a); and mit to the Administrator and the Bureau of submit to the Administrator international (ii) for each day on which international re- Immigration and Customs Enforcement a reserve allowances sufficient to satisfy the serve allowances are offered for sale under written declaration with respect to the entry final assessment by not later than 14 days this subsection, to establish the price of the of such good, including a compliance state- after the date on which the notice under sub- allowances in an amount equal to the arith- ment, supporting documentation, and de- clause (I)(bb) is provided. metic mean of the market clearing price for posit in accordance with this subsection. (ii) BOND, SECURITY, OR CASH DEPOSIT.— an allowance for the preceding day pursuant (2) COMPLIANCE STATEMENT.—A written (I) IN GENERAL.—If an importer has sub- to section 201(a) on the indices identified declaration under paragraph (1) shall include mitted a bond, security, or cash deposit under clause (i). a statement certifying that the applicable under paragraph (3)(D)(ii), the Bureau of Im- (5) SERIAL NUMBER.—The Administrator covered good is— migration and Customs Enforcement shall shall assign a unique serial number to each (A) subject to the international reserve al- use the deposit to purchase a sufficient num- international reserve allowance issued under lowance requirements of this section and ac- ber of international reserve allowances, as this subsection. companied by the appropriate supporting determined in the final assessment under (6) TRADING SYSTEM.—The Administrator subparagraph (A). may establish, by regulation, a system for documentation and deposit, as required under paragraph (3); or (II) INSUFFICIENT DEPOSIT.—To the extent the sale, exchange, purchase, transfer, and that the amount of the deposit fails to cover banking of international reserve allowances. (B) exempted from the international re- serve allowance requirements of this section the purchase of sufficient international re- (7) COVERED ENTITIES.—International re- serve allowances under subclause (I), the im- serve allowances may not be submitted by and accompanied by a certification that the good was not manufactured or processed in porter shall submit such additional allow- covered entities to comply with the allow- ances as are necessary to cover the shortage. ance submission requirements of section 202. any foreign country that is on the covered (III) EXCESS DEPOSIT.—To the extent that (8) PROCEEDS.—Subject to appropriation, list under subsection (b)(3). (3) DOCUMENTATION AND DEPOSIT.—If an im- the amount of the deposit exceeds the price all proceeds from the sale of international of international reserve allowances required reserve allowances under this subsection porter cannot certify that a covered good is under the final assessment, the Bureau of shall be allocated to carry out a program exempted under paragraph (2)(B), the written Immigration and Customs Enforcement shall that the Administrator, in coordination with declaration for the covered good shall in- refund to the importer the unused portion of the Secretary of State, shall establish to clude— the deposit. mitigate negative impacts of climate change (A) an identification of each foreign coun- (5) INCLUSION.—A written declaration re- on disadvantaged communities in foreign try in which the covered good was manufac- quired under this subsection shall include countries. tured or processed; the unique serial number of each emission (b) FOREIGN COUNTRY LISTS.— (B) a brief description of the extent to allowance associated with the entry of the (1) IN GENERAL.—Not later than January 1 which the covered good was manufactured or of the third calendar year for which emission processed in each foreign country identified applicable covered good. allowances are required to be submitted under subparagraph (A); (6) FAILURE TO DECLARE.—A covered good under section 202, and annually thereafter, (C) an estimate of the number of inter- that is not accompanied by a written dec- the Commission shall develop and publish in national reserve allowances that are re- laration that meets the requirements of this the Federal Register 2 lists of foreign coun- quired for entry of the covered good into the subsection shall not be permitted to enter tries, in accordance with this subsection. United States under subsection (d); and the United States. (2) EXCLUDED LIST.— (D) at the election of the importer, the de- (7) CORRECTED DECLARATION.— (A) IN GENERAL.—The Commission shall posit of — (A) IN GENERAL.—If, after making a dec- identify and publish in a list, to be known as (i) international reserve allowances in a laration required under this subsection, an the ‘‘excluded list’’ the name of— quantity equal to the estimated number re- importer has reason to believe that the dec- (i) each foreign country determined by the quired for entry under subparagraph (C); or laration contains information that is not Commission under section 1305(a) to have (ii) a bond, other security, or cash in an correct, the importer shall provide a cor- taken action comparable to that taken by amount sufficient to cover the purchase of rected declaration by not later than 30 days the United States to limit the greenhouse the estimated number of international re- after the date of discovery of the error, in ac- gas emissions of the foreign country; serve allowances under subparagraph (C). cordance with subparagraph (B). (ii) each foreign country identified by the (4) FINAL ASSESSMENT.— (B) METHOD.—A corrected declaration United Nations as among the least-developed (A) IN GENERAL.—Not later than 180 days under subparagraph (A) shall be in the form developing countries; and after the date of submission of the written of a letter or other written statement to the (iii) each foreign country the share of total declaration and entry of a covered good Administrator and the office of the Bureau global greenhouse gas emissions of which is under paragraph (1), the Administrator shall of Immigration and Customs Enforcement to below the de minimis percentage described make a final assessment of the international which the original declaration was sub- in subparagraph (B). reserve allowance requirement for the cov- mitted. (B) DE MINIMIS PERCENTAGE.— ered good under this section. (d) QUANTITY OF ALLOWANCES REQUIRED.— (i) IN GENERAL.—The de minimis percent- (B) REQUIREMENT.—A final assessment (1) METHODOLOGY.— age referred to in subparagraph (A)(iii) shall under subparagraph (A) with respect to a (A) IN GENERAL.—The Administrator shall be a percentage of total global greenhouse covered good shall specify— establish, by regulation, a method for calcu- gas emissions of not more than 0.5, as deter- (i) the total number of international re- lating the required number of international mined by the Commission, for the most re- serve allowances that are required for entry reserve allowances that a United States im- cent calendar year for which emissions and of the covered good; and porter is required to submit, together with a other relevant data are available. (ii) the difference between— written declaration under subsection (c), for (ii) REQUIREMENT.—The Commission shall (I) the amount of the deposit under para- each category of covered goods of each cov- place a foreign country on the excluded list graph (3)(D); and ered foreign country. under subparagraph (A)(iii) only if the de (II) the final assessment. (B) REQUIREMENTS.—The method shall— minimis percentage is not exceeded in 2 dis- (C) RECONCILIATION.— (i) apply to covered goods that are manu- tinct determinations of the Commission— (i) ALLOWANCE DEPOSIT.— factured and processed entirely in a single (I) 1 of which reflects the annual average (I) IN GENERAL.—The Bureau of Immigra- covered foreign country; and deforestation rate during a representative tion and Customs Enforcement shall— (ii) require submission for a compliance period for the United States and each foreign (aa) promptly reconcile the final assess- year of the quantity of international reserve country; and ment under subparagraph (A) with the quan- allowances described in paragraph (2) for cal- (II) 1 of which does not reflect that annual tity of international reserve allowances de- culating the international reserve allowance average deforestation rate. posited under paragraph (3)(D)(i); and requirement on a per-unit basis for each cat- (3) COVERED LIST.— (bb) provide a notification of the reconcili- egory of covered goods that are entered into (A) IN GENERAL.—The Commission shall ation to the Administrator and each affected the United States from that covered foreign identify and publish in a list, to be known as importer. country during each compliance year.

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(2) GENERAL FORMULA.—The quantity of equipment manufacturing facilities, power (iii) appropriate penalties will be assessed international reserve allowances required to generation and other energy facilities, con- in cases in which the importer has submitted be submitted for a compliance year referred sumer goods (such as automobiles and appli- information that is false or misleading. to in paragraph (1) shall be the product ob- ances) and other techniques or actions that (e) FOREIGN ALLOWANCES AND CREDITS.— tained by multiplying— limit the greenhouse gas emissions of the (1) FOREIGN ALLOWANCES.— (A) the national greenhouse gas intensity covered foreign country during the relevant (A) IN GENERAL.—A United States importer rate for each category of covered goods of period. may submit, in lieu of an international re- each covered foreign country for the compli- (B) Any regulatory programs, require- serve allowance issued under this section, a ance year, as determined by the Adminis- ments, and other measures that the foreign foreign allowance or similar compliance in- trator under paragraph (3); country has implemented to limit green- strument distributed by a foreign country (B) the allowance adjustment factor for the house gas emissions during the relevant pe- pursuant to a cap-and-trade program that industry sector of the covered foreign coun- riod. constitutes comparable action. try that manufactured the covered goods en- (6) ANNUAL CALCULATION.—The Adminis- (B) COMMENSURATE CAP-AND-TRADE PRO- tered into the United States, as determined trator shall— GRAM.—For purposes of subparagraph (A), a by the Administrator under paragraph (4); (A) calculate the international reserve al- cap-and-trade program that constitutes com- and lowance requirements for each compliance parable action shall include any greenhouse (C) the economic adjustment ratio for the year based on the best available information; gas regulatory program adopted by a covered covered foreign country, as determined by and foreign country to limit the greenhouse gas the Commission under paragraph (5). (B) annually revise the applicable inter- emissions of the covered foreign country, if (3) NATIONAL GREENHOUSE GAS INTENSITY national reserve allowance requirements to the Administrator certifies that the pro- RATE.—The national greenhouse gas inten- reflect changes in the variables of the for- gram— sity rate for a covered foreign country under mulas described in this subsection. (i)(I) places a quantitative limitation on paragraph (2)(A), on a per-unit basis, shall be (7) PUBLICATION.—Not later than 90 days the total quantity of greenhouse gas emis- the quotient obtained by dividing— before the beginning of each compliance sions of the covered foreign country (ex- (A) the total quantity of direct greenhouse year, the Administrator shall publish in the pressed in terms of tons emitted per calendar gas emissions and indirect greenhouse gas Federal Register a schedule describing the year); and emissions that are attributable to a category required number of international reserve al- (II) achieves that limitation through an al- of covered goods of a covered foreign country lowances for each category of imported cov- lowance trading system; during the most recent calendar year (as ad- ered goods of each covered foreign country, (ii) satisfies such criteria as the Adminis- justed to exclude those emissions that would as calculated under this subsection. trator may establish for requirements relat- not be subject to the allowance submission (8) COVERED GOODS FROM MULTIPLE COUN- ing to the enforceability of the cap-and-trade requirements of section 202 for the category TRIES.— program, including requirements for moni- of covered goods if manufactured in the (A) IN GENERAL.—The Administrator shall toring, reporting, verification procedures, United States); by establish, by regulation, procedures for de- and allowance tracking; and (B) total number of units of the covered termining the number of the international (iii) is a comparable action. good that are produced in the covered for- reserve allowances that a United States im- (2) FOREIGN CREDITS.— eign country during that calendar year. porter is required to submit under this sec- (A) IN GENERAL.—A United States importer (4) ALLOWANCE ADJUSTMENT FACTOR.— tion for a category of covered goods that may submit, in lieu of an international re- (A) GENERAL FORMULA.—The allowance ad- are— serve allowance issued under this section, an justment factor for a covered foreign coun- (i) primary products; and international offset that the Administrator try under paragraph (2)(B) shall be equal to (ii) manufactured or processed in more has authorized for use under subtitle B of 1 minus the ratio that— than 1 foreign country. title III or subtitle B of this title. (i) the number of allowances, as deter- (B) REQUIREMENTS.— (B) APPLICATION.—The limitation on the (i) IN GENERAL.—Except as provided in mined by the Administrator under subpara- use of international reserve allowances by graph (B), that an industry sector of the cov- clause (ii), the procedures established under covered entities under subsection (a)(7) shall ered foreign country would have received at subparagraph (A) shall require an importer— not apply to a United States importer for no cost if the allowances were allocated in (I) to determine, for each covered foreign purposes of this paragraph. the same manner in which allowances are al- country listed in the written declaration of (f) RETIREMENT OF ALLOWANCES.—The Ad- located at no cost under titles V through XI the importer under subsection (c)(2)(B), the ministrator shall retire each international to that industry sector of the United States; number of international reserve allowances reserve allowance, foreign allowance, and bears to required under this subsection for the cat- international offset submitted to achieve (ii) the total quantity of direct greenhouse egory of covered goods manufactured and compliance with this section. gas emissions and indirect greenhouse gas processed entirely in that covered foreign (g) TERMINATION.—The international re- emissions that are attributable to a category country for the compliance year; and serve allowance requirements of this section of covered goods of a covered foreign country (II) of the international reserve allowance shall cease to apply to a covered good of a during a particular compliance year. requirements applicable to each relevant covered foreign country if the Commission (B) ALLOWANCES ALLOCATED AT NO COST.— covered foreign country, to apply the re- places the covered foreign country on the ex- For purposes of subparagraph (A)(i), the quirement that requires the highest number cluded list under subsection (b)(2). number of allowances that would have been of international reserve allowances for the (h) FINAL REGULATIONS.—Not later than allocated at no cost to an industry sector of category of covered goods. January 1, 2013, the Administrator, in con- a covered foreign country shall be equal to (C) EXCEPTION.— sultation with the Commission, shall pro- the product obtained by multiplying— (i) IN GENERAL.—The requirements of mulgate such regulations as the Adminis- (i) the baseline emission level that the clause (i) shall not apply if, on request by an trator determines to be necessary to carry Commission has attributed to a category of importer, the Administrator applies an alter- out this section. covered goods of the covered foreign country; nate method for establishing the require- SEC. 1307. ADJUSTMENT OF INTERNATIONAL RE- and ment. SERVE ALLOWANCE REQUIRE- (ii) the ratio that— (ii) REQUIREMENT FOR APPLICATION.—The MENTS. (I) the quantity of allowances that are al- Administrator shall apply an alternate (a) IN GENERAL.—Not later than January 1, located at no cost under titles V through XI method for establishing a requirement under 2017, and annually thereafter, the Commis- to entities in the industry sector that manu- clause (i) only if the applicable importer sion shall prepare and submit to the Presi- factures the covered goods for the compli- demonstrates in an administrative hearing dent and Congress a report that assesses the ance year during which the covered goods by a preponderance of evidence that the al- effectiveness of the international reserve al- were entered into the United States; bears to ternate method will establish an inter- lowance requirements under section 1306 (II) the total quantity of direct greenhouse national reserve allowance requirement that with respect to— gas emissions and indirect greenhouse gas is more representative than the requirement (1) covered goods entered into the United emissions of that sector during the same that would otherwise apply under clause (i). States from each foreign country included on compliance year. (D) ADMINISTRATIVE HEARING.—The Admin- the covered list under section 1306(b)(3); and (5) ECONOMIC ADJUSTMENT RATIO.—The eco- istrator shall establish procedures for admin- (2) the production of covered goods in those nomic adjustment ratio for a covered foreign istrative hearings under subparagraph (C)(ii) foreign countries that are incorporated into country under paragraph (2)(C) shall be 1, ex- to ensure that— manufactured goods that are subsequently cept in any case in which the Commission (i) all evidence submitted by an importer entered into the United States. determines to decrease the ratio in order to will be subject to verification by the Admin- (b) INADEQUATE REQUIREMENTS.—If the account for the extent to which, during the istrator; Commission determines that an applicable relevant period, the foreign country has im- (ii) domestic manufactures of the category international reserve allowance requirement plemented, verified, and enforced each of the of covered goods subject to the administra- is not adequate to achieve the purposes of following: tive hearing will have an opportunity to re- this subtitle, the Commission shall include (A) The deployment and use of state-of- view and comment on evidence submitted by in the report under subsection (a) rec- the-art technologies in industrial processes, the importer; and ommendations—

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.102 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5095 (1) to increase the stringency or otherwise shall promulgate regulations to establish incentives, to encourage developing coun- improve the effectiveness of the applicable programs under which the Administrator tries with largely intact native forests to requirements in a manner that ensures com- shall provide emission allowances allocated protect those forests. pliance with all applicable international pursuant to subsection (b) to individuals and (d) OTHER FOREST CARBON ACTIVITIES.—A agreements; entities (including foreign governments) car- forest carbon activity other than a reduction (2) to address greenhouse gas emissions at- rying out projects in foreign countries as de- in deforestation or forest degradation shall tributable to the production of manufactured scribed in sections 1313 and 1314. be eligible for a distribution of emission al- items for consumption that are not subject (b) ALLOCATION.—Not later than 330 days lowances under this section, subject to the to the international reserve allowance re- before January 1 of each of calendar years eligibility requirements and quality criteria quirements under section 1306; or 2012 through 2050, the Administrator shall al- for forest carbon activities described in sub- (3) to take such other action as the Com- locate for distribution under this section 1 section (a) or other regulations promulgated mission determines to be necessary to ad- percent of the aggregate quantity of emis- pursuant to this Act. dress greenhouse gas emissions attributable sion allowances established for the applica- SEC. 1314. ESTABLISHING AND DISTRIBUTING to the production of covered goods in covered ble calendar year pursuant to section 201(a). OFFSET ALLOWANCES. foreign countries, in compliance with all ap- SEC. 1313. FOREST CARBON ACTIVITIES. (a) REGULATIONS.—Not later than 2 years plicable international agreements. (a) ELIGIBILITY REQUIREMENTS.— after the date of enactment of this Act, the (c) REVISED REGULATIONS.—The Adminis- (1) IN GENERAL.—Not later than 2 years Administrator, in consultation with the Sec- trator, in consultation with the Commission, after the date of enactment of this Act, the retary of the Interior, the Secretary of shall promulgate revised regulations to im- Administrator, in consultation with the Sec- State, and the Secretary of Agriculture, plement the recommended changes to im- retary of the Interior, the Secretary of shall promulgate regulations, including prove the effectiveness of the international State, and the Secretary of Agriculture, quality and eligibility requirements, for the reserve allowance requirements under sub- shall promulgate regulations establishing distribution of offset allowances for inter- section (b). eligibility requirements for the allocation of national forest carbon activities. (d) EFFECTIVE DATE.—Any revisions made emission allowances under this subsection (b) QUALITY AND ELIGIBILITY REQUIRE- pursuant to subsection (c) shall take effect for forest carbon activities directed at se- MENTS.—The regulations promulgated pursu- on January 1 of the compliance year imme- questration of carbon through restoration of ant to subsection (a) shall require that, in diately following the date on which the revi- forests and degraded land, afforestation, and order to be approved for use under this sec- sion is made. improved forest management in countries tion, offset allowances distributed for an Subtitle B—International Partnerships to Re- other than the United States, including re- international forest carbon activity shall duce Deforestation and Forest Degradation quirements that those activities shall be— meet such quality and eligibility require- SEC. 1311. FINDINGS; PURPOSE. (A) carried out and managed in accordance ments as the Administrator may establish, (a) FINDINGS.—Congress finds that— with widely-accepted environmentally sus- including a requirement that— (1) changes in land use patterns and forest tainable forestry practices; and (1) the activity shall be designed, carried sector emissions account for approximately (B) designed— out, and managed — 20 percent of global greenhouse gas emis- (i) to promote native species and restora- (A) in accordance with widely-accepted, sions; tion of native forests, where practicable; environmentally sustainable forestry prac- (2) land conversion and deforestation are 2 (ii) to avoid the introduction of invasive tices; of the largest sources of greenhouse gas nonnative species; (B) to promote native species and con- emissions in the developing world, com- (iii) so as not to adversely impact or under- servation or restoration of native forests, prising approximately 40 percent of the total mine the rights (including internationally where practicable, and to avoid the introduc- greenhouse gas emissions of the developing recognized rights) of indigenous and other tion of invasive nonnative species; world; forest-dependent individuals residing in the (C) in a manner that does not adversely (3) with sufficient data, deforestation and affected areas; and impact or undermine the rights (including forest degradation rates and forest carbon (iv) in a manner that ensures that local internationally recognized rights) of indige- stocks can be measured with an acceptable communities— nous and other forest-dependent individuals degree of uncertainty; (I) are provided the right of free, prior, in- residing in affected areas; and (4) encouraging reduced deforestation and formed consent regarding projects or other (D) in a manner that ensures that local reduced forest degradation in foreign coun- activities; communities— tries could— (II) are able to share equitably in profits or (i) are provided the right of free, prior, in- (A) provide critical leverage to encourage other benefits of the activities; and formed consent regarding projects or other voluntary participation by developing coun- (III) receive fair compensation for any activities; tries in emission limitation regimes; damages resulting from the activities. (ii) are able to share equitably in profits or (B) facilitate greater overall reductions in (2) QUALITY CRITERIA FOR FOREST CARBON other benefits of the activities; and greenhouse gas emissions than otherwise ALLOCATIONS.—The regulations promulgated (iii) receive fair compensation for any would be practicable; and pursuant to paragraph (1) shall include re- damages resulting from the activities; (C) substantially benefit biodiversity, con- quirements to ensure that the emission re- (2) the emission reductions or sequestra- servation, and indigenous and other forest- ductions or sequestrations of a forest carbon tions are real, permanent, additional, dependent people in developing countries; activity that receives emission allowances verifiable, and enforceable, with reliable (5) in addition to forest carbon activities under this section are real, permanent, addi- measuring and monitoring and appropriate that can be readily measured, monitored, tional, verifiable, and enforceable, with reli- accounting for leakage; and and verified through national-scale programs able measuring and monitoring and appro- (3) eligible offset allowances are provided and projects, there is great value in reducing priate accounting for leakage. only from countries on a list described in emissions and sequestering carbon through (b) PEATLAND AND OTHER NATURAL LAND subsection (c). forest carbon projects in countries that lack THAT SEQUESTER CARBON.—The Adminis- (c) LISTS.— the institutional arrangements to support trator may provide emission allowances (1) IN GENERAL.—The Administrator, in national-scale accounting of forest carbon under this section for a project for storage of consultation with the Secretary of State, stocks; and carbon in peatland or other natural land if shall identify and periodically update a list (6) providing emission allowances in sup- the Administrator— of the names of countries that have— port of projects in countries that lack fully (1) determines that— (A) demonstrated capacity to participate developed institutions for national-scale ac- (A) the peatland or other natural land is in international forest carbon activities, in- counting could help to build capacity in capable of storing carbon; and cluding— those countries, sequester additional carbon, (B) the project for storage of carbon in the (i) sufficient historical data on changes in and increase participation by developing peatland or other natural land is capable of national forest carbon stocks; countries in international climate agree- meeting the quality criteria described in (ii) technical capacity to monitor and ments. subsection (a); and measure forest carbon fluxes with an accept- (b) PURPOSE.—The purpose of this subtitle (2) provides notice and an opportunity for able level of uncertainty; and is to reduce greenhouse gas emissions by re- public comment regarding the project. (iii) institutional capacity to reduce emis- ducing deforestation and forest degradation (c) RECOGNITION OF FOREST CARBON ACTIVI- sions from deforestation and degradation; in foreign countries in a manner that re- TIES.—With respect to foreign countries (B) capped greenhouse gas emissions or duces the costs imposed by this Act on cov- other than the foreign countries described in otherwise established a credible national ered entities in the United States. subsection (a) or (b), the Administrator— baseline or emission reference scenario that SEC. 1312. CAPACITY BUILDING PROGRAM. (1) shall recognize any forest carbon activi- is— (a) ESTABLISHMENT.—Not later than 2 years ties of the foreign country, subject to the (i) consistent with nationally appropriate after the date of enactment of this Act, the quality criteria for forest carbon activities mitigation commitments or actions, taking Administrator, in consultation with the Sec- described in subsection (b); and into consideration the average annual defor- retary of the Interior, the Secretary of (2) is encouraged to identify other incen- estation and degradation rates of the coun- State, and the Secretary of Agriculture, tives, including economic and market-based try during a period of at least 5 years; and

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.102 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5096 CONGRESSIONAL RECORD — SENATE June 4, 2008 (ii) projected to result in zero-net deforest- (II) the quantity of international allow- (v) the Committee on Appropriations. ation by not later than 2050; and ances used during that year pursuant to (2) ELIGIBLE COUNTRY.—The term ‘‘eligible (C)(i) implemented an emission reduction paragraph (2); and country’’ means a foreign country that, as program for the forest sector; and (ii) 10 percent of the quantity of emission determined by the President— (ii) demonstrated those reductions using allowances established for that year pursu- (A) is not a member of the Organization for remote sensing technology, taking into con- ant to section 201(a). Economic Cooperation and Development; sideration relevant international standards. (f) LIMITATIONS.— and (2) PERIODIC REVIEW OF NATIONAL-LEVEL RE- (1) MAXIMUM QUANTITY.—The Adminis- (B)(i) has made a binding commitment, DUCTIONS IN DEFORESTATION AND DEGRADA- trator shall not distribute to the government pursuant to an international agreement to TION.—The Administrator, in consultation of a foreign country a quantity of offset al- which the United States is a party, to carry with the Secretary of State, shall identify lowances that exceeds the quantity of metric out actions to produce measurable, report- and periodically update a list of the names of tons of carbon dioxide that have been bio- able, and verifiable greenhouse gas emission countries included in the list under para- logically sequestered or prevented from mitigations; or graph (1) that have— being emitted as a result of country-wide re- (ii) as certified by the President to the ap- (A) achieved national-level reductions of ductions in deforestation and forest degrada- propriate committees of Congress, has in deforestation and degradation below a his- tion by the foreign country. force binding national policies and measures torical reference scenario, taking into con- (2) MAXIMUM USE.—The regulations pro- that are capable of producing measurable, sideration the average annual deforestation mulgated pursuant to this section shall en- reportable, and verifiable greenhouse gas and degradation rates of the country, and of sure that offset allowances are not issued for emission mitigations. all countries, during a period of at least 5 sequestration or emission reductions that (3) FUND.—The term ‘‘Fund’’ means the years; and have been used or will be used by any other International Clean Energy Deployment (B) demonstrated those reductions using country for compliance with a domestic or Fund established by subsection (c)(1). remote sensing technology, taking into con- international obligation to limit or reduce (4) QUALIFIED ENTITY.—The term ‘‘ quali- sideration relevant international standards. greenhouse gas emissions. fied entity’’ means— (3) CREDITING AND ADDITIONALITY.—A (g) REVIEWS.—Not later than 3 years after (A) the national government of an eligible verified reduction in greenhouse gas emis- the date of enactment of this Act, and 5 country; sions from deforestation and forest degrada- years thereafter, the Administrator shall (B) a regional or local governmental unit tion under a cap or resulting from a nation- conduct a review of the program under this of an eligible country; and wide emissions reference scenario described section. (C) a nongovernmental organization or a in paragraph (1)(B) shall be— (h) DISCOUNT.—If, after the date that is 10 private entity located or operating in an eli- (A) eligible for crediting; and years after the date of enactment of this gible country. (B) considered to satisfy the additionality Act, the Administrator determines that for- (c) INTERNATIONAL CLEAN ENERGY DEPLOY- criterion. eign countries that, in the aggregate, gen- MENT FUND.— (d) FACILITY CERTIFICATION.—The owner or erate greenhouse gas emissions accounting (1) ESTABLISHMENT.—There is established operator of a covered entity that submits an for more than 0.5 percent of global green- in the Treasury of the United States a fund, offset allowance generated under this section house gas emissions have not capped those to be known as the ‘‘International Clean En- shall certify that the offset allowance has emissions, established emissions reference ergy Deployment Fund’’. not been retired from use in a registry of the scenarios based on historical data, or other- (2) AUCTIONS.— applicable foreign country. wise reduced total forest emissions of the (A) IN GENERAL.—In accordance with sub- (e) USE.— foreign countries, the Administrator may paragraph (B), to raise funds for deposit in (1) IN GENERAL.—Subject to paragraph (3), apply a discount to distributions of emission the Fund, for each of calendar years 2012 the quantity of offset allowances distributed allowances to those countries under this sec- through 2017, the Administrator shall auc- pursuant to this section in a calendar year tion. tion 0.5 percent of the emission allowances shall not exceed 10 percent of the quantity of SEC. 1315. LIMITATION ON DOUBLE COUNTING. established pursuant to section 201(a) for the emission allowances established for that Notwithstanding any other provision of calendar year. year pursuant to section 201(a). this Act, activities that receive credit under (B) NUMBER; FREQUENCY.—For each cal- (2) USE OF INTERNATIONAL ALLOWANCES.— subtitle E of title II shall not be eligible to endar year during the period described in (A) IN GENERAL.—If the quantity of offset receive emission allowances under this sub- subparagraph (A), the Administrator shall— allowances distributed in a calendar year title. (i) conduct not fewer than 4 auctions; and pursuant to this section is less than 10 per- SEC. 1316. EFFECT OF SUBTITLE. (ii) schedule the auctions in a manner to cent of the quantity of emission allowances Nothing in this subtitle supersedes, limits, ensure that— established for that calendar year pursuant or otherwise affects any restriction imposed (I) each auction takes place during the pe- to section 201(a), the Administrator shall by Federal law (including regulations) on riod beginning 330 days before, and ending 60 allow the use, by covered entities during any interaction between an entity located in days before, the beginning of each calendar that year, of international allowances under the United States and an entity located in a year; and section 322. foreign country. (II) the interval between each auction is of (B) QUANTITY.—The aggregate quantity of Subtitle C—International Partnerships to equal duration. international allowances the use of which is Deploy Clean Energy Technology (C) DEPOSIT OF PROCEEDS.—As soon as prac- permitted under subparagraph (A) for a cal- SEC. 1321. INTERNATIONAL CLEAN ENERGY DE- ticable after conducting an auction under endar year shall be equal to the difference PLOYMENT. subparagraph (A), the Administrator shall between— (a) PURPOSE.—The purpose of this section deposit the proceeds of the auction in the (i) the quantity of offset allowances dis- is to promote and leverage private financing Fund. tributed during that calendar year pursuant for the development and international de- (d) USE OF FUNDS.—All amounts in the to this section; and ployment of technologies that will con- Fund shall be made available, without fur- (ii) a value equal to 10 percent of the quan- tribute to sustainable economic growth and ther appropriation or fiscal year limitation, tity of emission allowances established for the stabilization of greenhouse gas con- to carry out the International Clean Energy that year pursuant to section 201(a). centrations in the atmosphere at a level that Deployment Program established by section (3) CARRYOVER.—Notwithstanding para- will prevent dangerous anthropogenic inter- 114. graph (1), if the sum of the quantity of offset ference with the climate system. Subtitle D—International Partnerships to allowances distributed for a calendar year (b) DEFINITIONS.—In this section: Adapt to Climate Change and Protect Na- pursuant to this section and the quantity of (1) APPROPRIATE COMMITTEES OF CON- tional Security international allowances permitted to be GRESS.—The term ‘‘appropriate committees SEC. 1331. INTERNATIONAL CLIMATE CHANGE used during that year under paragraph (2)(B) of Congress’’ means ADAPTATION AND NATIONAL SECU- is less than a value equal to 10 percent of the (A) in the Senate— RITY FUND. quantity of emission allowances established (i) the Committee on Foreign Relations; (a) ESTABLISHMENT.—There is established for that year pursuant to section 201(a), the (ii) the Committee on Finance; in the Treasury of the United States a fund, quantity of offset allowances distributed (iii) the Committee on Energy and Natural to be known as the ‘‘International Climate pursuant to this section for the following Resources; Change Adaptation and National Security calendar year shall not exceed a value equal (iv) the Committee on Environment and Fund’’ (referred to in this subtitle as the to the sum of— Public Works; and ‘‘Fund’’). (A) 10 percent of the quantity of emission (v) the Committee on Appropriations; and (b) AUCTIONS.— allowances established for that calendar year (B) in the House of Representatives— (1) IN GENERAL.—In accordance with para- pursuant to section 201(a); and (i) the Committee on Foreign Affairs; graph (2) and subsection (c), to raise funds (B) the difference between— (ii) the Committee on Ways and Means; for deposit in the Fund, for each of calendar (i) a value equal to the sum of— (iii) the Committee on Energy and Com- years 2012 through 2050, the Administrator (I) the quantity of offset allowances dis- merce; shall auction a certain percentage of the tributed during the preceding calendar year (iv) the Committee on Natural Resources; emission allowances established pursuant to pursuant to this section; and and section 201(a) for the calendar year.

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(2) NUMBER; FREQUENCY.—For each cal- tially destabilizing global climate change (v) increased impact of natural disasters, endar year during the period described in impacts; including severe weather events, droughts, paragraph (1), the Administrator shall— (2) to support the development of national and flooding; (A) conduct not fewer than 4 auctions; and and regional climate change adaptation (vi) increased prevalence or virulence of (B) schedule the auctions in a manner to plans in the most vulnerable developing climate-related diseases; and ensure that— countries, including the planning, financing, (vii) intensified urban migration; (i) each auction takes place during the pe- and execution of adaptation projects; (D) the means by which funds derived from riod beginning 330 days before, and ending 60 (3) to support the identification and de- proceeds of auctions under section 1331 were days before, the beginning of each calendar ployment of technologies that would help expended to enhance the economic and na- year; and the most vulnerable developing countries re- tional security of the United States and as- (ii) the interval between each auction is of spond to destabilizing impacts of climate sist in avoiding the economically, politi- equal duration. change, including appropriate low-carbon cally, environmentally, culturally, and so- (3) DEPOSIT OF PROCEEDS.—As soon as prac- and energy-efficient technologies that help cially destabilizing impacts of climate ticable after conducting an auction under reduce greenhouse gas and black carbon change in volatile regions of the world, par- paragraph (1), the Administrator shall de- emissions of those countries; ticularly least-developed countries; and posit the proceeds of the auction in the (4) to support investments, capacity-build- (E) cooperative activities carried out by Fund. ing activities, and other assistance to reduce the United States and foreign countries and (c) PERCENTAGE FOR AUCTION.—For each of vulnerability and promote community-level international organizations to carry out this calendar years 2012 through 2050, the Admin- resilience relating to climate change and the subtitle; and istrator shall auction in accordance with impacts of climate change on the most vul- (2) identify and make recommendations re- subsection (b) the percentage of emission al- nerable developing countries, including im- garding the developing countries— lowances specified in the following table: pacts such as— (A) that are most vulnerable to climate (A) water scarcity (including drought and change impacts; and (B) in which Federal assistance could have Percentage for reductions in access to safe drinking water); (B) reductions in agricultural productivity; the greatest and most sustainable benefits Calendar year auction for with respect to reducing vulnerability to cli- Fund (C) floods; (D) sea level rise; mate change, including in the form of de- 2012 ...... 1 (E) shifts in agricultural zones or seasons; ploying technologies, investments, capacity- 2013 ...... 1 (F) shifts in biodiversity; or building activities, and other types of assist- 2014 ...... 1.25 (G) other impacts that— ance for adaptation to climate change im- pacts and approaches to reduce emissions of 2015 ...... 1.25 (i) affect economic livelihoods; greenhouse gases in ways that could also 2016 ...... 1.25 (ii) result in increases in refugees and in- provide community-level resilience to cli- 2017 ...... 1.25 ternally displaced individuals; or mate change impacts. 2018 ...... 2 (iii) otherwise increase social, economic, (d) IMPLEMENTATION OF PROGRAM.— 2019 ...... 2 political, cultural, or environmental vulner- (1) RECOMMENDATIONS.—Amounts deposited ability; 2020 ...... 2 in the Fund under section 1331(b)(3) shall be (5) to support climate change adaptation 2021 ...... 2 made available, without further appropria- 2022 ...... 3 research in or for the most vulnerable devel- tion or fiscal year limitation, to carry out— 2023 ...... 3 oping countries; and (A) the Program; and 2024 ...... 3 (6) to encourage the enhancement and di- (B) international activities that meet the 2025 ...... 3 versification of agricultural, fishery, and requirements described in paragraph (8). other livelihoods, the reduction of disaster 2026 ...... 4 (2) OVERSIGHT.—The Administrator of the 2027 ...... 4 risk, and the protection and rehabilitation of Agency shall have oversight authority with 2028 ...... 4 natural systems in order to reduce vulner- respect to the expenditures of the Program. 2029 ...... 4 ability and provide increased resilience to (3) MOST VULNERABLE DEVELOPING COUN- 2030 ...... 4 climate change for local communities and TRIES.—The director of the Program shall 2031 ...... 6 livelihoods in the most vulnerable devel- use amounts in the Fund to carry out project 2032 ...... 6 oping countries. and programs in the most vulnerable devel- 2033 ...... 6 (c) DUTIES.—The director of the Program oping countries, as determined by the Ad- 2034 ...... 6 shall— ministrator of the Agency, including— 2035 ...... 6 (1) submit to the President, the Commit- (A) least-developed countries; 2036 ...... 6 tees on Environment and Public Works and (B) low-lying and other small island devel- 2037 ...... 6 Foreign Relations of the Senate, the Com- oping countries; 2038 ...... 6 mittees on Energy and Commerce and For- (C) developing countries with low-lying 2039 ...... 7 eign Relations of the House of Representa- coastal, arid, and semi-arid areas or areas 2040 ...... 7 tives, and any other relevant congressional prone to floods, drought, and desertification; 2041 ...... 7 committees with national security jurisdic- and 2042 ...... 7 tion, annual reports on the economy and for- (D) developing countries with fragile, 2043 ...... 7 eign policy that describe, with respect to the mountainous ecosystems. 2044 ...... 7 preceding calendar year— (4) LIMITATION.—Not more than 10 percent 2045 ...... 7 (A) the extent to which other countries are of amounts made available to carry out this 2046 ...... 7 committed to reducing greenhouse gas emis- subtitle shall be spent in any single country 2047 ...... 7 sions through mandatory programs; in any calendar year. 2048 ...... 7 (B) the extent to which global climate (5) CONSULTATION WITH LOCAL COMMUNITIES 2049 ...... 7 change, through the potential negative im- AND STAKEHOLDERS.—The Administrator of 2050 ...... 7. pacts of climate change on sensitive popu- the Agency shall ensure that local commu- lations and natural resources in the most nities in areas in which a project is proposed SEC. 1332. INTERNATIONAL CLIMATE CHANGE vulnerable developed countries, might to be carried out under the Program are in- ADAPTATION AND NATIONAL SECU- threaten, cause, or exacerbate political, eco- volved in the project through— RITY PROGRAM. nomic, environmental, cultural, or social in- (A) full disclosure of information; (a) ESTABLISHMENT OF PROGRAM.—Not later stability or international conflict in those (B) consultation with the communities and than 2 years after the date of enactment of regions; stakeholders at international, national, and this Act, the Secretary of State, in consulta- (C) the ramifications of any potentially de- local levels; and tion with the Administrator of the United stabilizing impacts climate change might (C) informed participation. States Agency for International Develop- have on the economic and national security (6) DEVELOPMENT OBJECTIVES.—The Admin- ment (referred to in this subtitle as the ‘‘Ad- of the United States, including— istrator of the Agency shall, to the max- ministrator of the Agency’’) and the Admin- (i) the creation of refugees and internally imum extent practicable, ensure that istrator, shall establish within the Agency a displaced individuals; projects proposed to be carried out under the program, to be known as the ‘‘ International (ii) national or international armed con- Program are carried out in accordance with Climate Change Adaptation and National Se- flicts over water, food, land, or other re- broader development, poverty alleviation, or curity Program’’ (referred to in this subtitle sources; natural resource management objectives and as the ‘‘Program’’). (iii) loss of agricultural and other liveli- initiatives in the countries served by the (b) PURPOSES.—The purposes of the Pro- hoods, cultural stability, and other causes of projects. gram shall be— increased poverty and economic destabiliza- (7) INTERNATIONAL FUNDS.— (1) to protect the economic and national tion; (A) IN GENERAL.—The Secretary of State security of the United States by minimizing, (iv) decline in availability of resources may distribute not more than 60 percent of averting, or increasing resilience to poten- needed for survival, including water; amounts made available to carry out the

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Program to an international fund that meets (1) in consultation with heads of govern- Percentage for the requirements of paragraph (8). ment of recipient foreign countries— Calendar year auction for (B) NOTIFICATION.—Not later than 15 days (A) establish performance goals for assist- Deficit Reduc- before the date on which the Secretary of ance under this subtitle; and tion Fund State distributes funds to an international (B) expresses those goals in an objective fund under subparagraph (A), the Secretary and quantifiable form, to the maximum ex- 2018 ...... 7 .25 of State shall submit to the appropriate con- tent practicable; 2019 ...... 7 gressional committees a notification of the (2) establish performance indicators for use 2020 ...... 8 distribution. in assessing the achievement of the perform- 2021 ...... 9 .5 (8) REQUIREMENTS.—To be eligible to re- ance goals described in paragraph (1); 2022 ...... 8 .75 ceive funds under paragraph (7), an inter- (3) provide a basis for recommendations for 2023 ...... 9 .75 national fund shall be established pursuant adjustments to assistance under this subtitle 2024 ...... 10 .75 to the Convention (or an agreement nego- to enhance the impact of the assistance; and 2025 ...... 10 .75 tiated under the Convention) that— (4) include in the report to Congress under 2026 ...... 12 .75 (A) specifies the terms and conditions section 1332(c)(1) a description of the results 2027 ...... 12 .75 under which— of the monitoring and evaluation of pro- 2028 ...... 12 .75 (i) the United States will provide amounts grams under this section. 2029 ...... 13 .75 to the fund; and (c) REVIEWS.—Not later than 3 years after 2030 ...... 13 .75 (ii) the international fund will distribute the date of enactment of this Act, and every 2031 ...... 19 .75 the amounts to recipient countries; 3 years thereafter, the Administrator of the 2032 ...... 17 .75 (B) ensures that United States assistance Agency, in cooperation with the National 2033 ...... 17 .75 to the international fund and the principal Academy of Sciences and other research and 2034 ...... 16.75 and income of the fund are disbursed only for development institutions, as appropriate, 2035 ...... 16.75 purposes that are consistent with subsection shall conduct a review of— 2036 ...... 16.75 (b); (1) the global needs and opportunities for, 2037 ...... 16.75 (C) requires a regular meeting of a gov- and costs of, adaptation assistance in devel- 2038 ...... 16.75 erning body of the international fund that oping countries, especially least-developed 2039 ...... 16.75 provides full public access and includes developing countries; 2040 ...... 16.75 members representing the most vulnerable (2) the progress of international adaptation 2041 ...... 16.75 developing countries; among developing countries, including an 2042 ...... 16.75 (D) requires that not more than 10 percent evaluation of— 2043 ...... 16.75 of the amounts available to the inter- (A) the impact of expenditures by the Sec- 2044 ...... 16.75 national fund shall be spent for any single retary under this subtitle; and 2045 ...... 16.75 country in any calendar year; and (B) the extent to which adaptation needs 2046 ...... 16.75 (E) requires the international fund to pre- are addressed; 2047 ...... 16.75 pare and make public an annual report (3) the best practices for adapting to cli- 2048 ...... 16.75 that— mate change in terms of promoting commu- 2049 ...... 16.75 (i) identifies and recommends the devel- nity-level resilience and social, economic, 2050 ...... 16.75. oping countries— political, environmental, and cultural sta- (I) that are most vulnerable to climate bility; and SEC. 1403. DEPOSITS. change impacts; and (4) any guidelines or regulations estab- The Administrator shall deposit all pro- (II) in which assistance can have the great- lished by the Administrator of the Agency to ceeds of auctions conducted pursuant to sec- est and most sustainable benefit to reducing carry out this subtitle. tion 1402, immediately on receipt of those vulnerability to climate change; TITLE XIV—REDUCING THE DEFICIT proceeds, in the Deficit Reduction Fund. (ii) describes the process and methodology SEC. 1401. DEFICIT REDUCTION FUND. SEC. 1404. DISBURSEMENTS FROM FUND. for selecting the recipients of assistance or There is established in the Treasury of the No disbursement shall be made from the grants from the fund; United States a fund, to be known as the Deficit Reduction Fund, except pursuant to (iii) describes specific programs and ‘‘Deficit Reduction Fund’’. an appropriation Act. projects funded by the international fund SEC. 1402. AUCTIONS. and the extent to which the assistance is ad- TITLE XV—CAPPING (a) IN GENERAL.—For each of calendar dressing the adaptation needs of the most HYDROFLUOROCARBON EMISSIONS years 2012 through 2050, the Administrator vulnerable developing countries; shall auction, in accordance with subsections SEC. 1501. REGULATIONS. (iv) describes the performance goals for as- (b) and (c), a certain percentage of the emis- (a) IN GENERAL .—Not later than 2 years sistance under the fund and expresses those sion allowances established pursuant to sec- after the date of enactment of this Act, the goals in an objective and quantifiable form, tion 201(a) for the calendar year to raise Administrator shall promulgate regulations to the maximum extent practicable; funds for deposit in the Deficit Reduction establishing a program requiring reductions (v) describes the performance indicators to Fund. in hydrofluorocarbons consumed in the be used in measuring or assessing the (b) NUMBER; FREQUENCY.—For each cal- United States by entities that— achievement of the performance goals de- endar year during the period described in (1) manufacture HFCs in the United States; scribed in clause (iv); subsection (a), the Administrator shall— or (vi) provides a basis for recommendations (1) conduct not fewer than 4 auctions; and (2) import HFCs into the United States. for adjustments to assistance under this sub- (2) schedule the auctions in a manner to (b) DEFINITION OF HFC CONSUMED.—The title to enhance the impact of the assistance; ensure that— regulations promulgated pursuant to sub- and (A) each auction takes place during the pe- section (a) shall provide that the term ‘‘HFC (vii) describes the participation of other riod beginning 330 days before, and ending 60 consumed’’— countries and international organizations in days before, the beginning of each calendar (1) means— funding and administering the international year; and (A) in the case of an HFC producer, a value fund. (B) the interval between each auction is of equal to the difference between— SEC. 1333. MONITORING AND EVALUATION OF equal duration. (i) the sum of— PROGRAMS. (c) QUANTITIES OF EMISSION ALLOWANCES (I) the quantity of HFC produced in the (a) IN GENERAL.—The Administrator of the AUCTIONED.—For each of calendar years 2012 United States; and Agency shall establish and implement a sys- through 2050, the quantity of emission allow- (II) the quantity of HFC imported from any tem to monitor and evaluate the effective- ances auctioned pursuant to subsection (a) source into the United States, including ness and efficiency of assistance provided shall be the quantity represented by the per- quantities contained in products or equip- under this subtitle on a program-by-program centages specified in the following table: ment, or acquired in the United States from basis in order to maximize the long-term another HFC producer through sale or other transaction; and sustainable developmental impact of the as- Percentage for sistance, including the extent to which the auction for (ii) the quantity of HFC exported or trans- assistance is— Calendar year Deficit Reduc- ferred to another HFC producer in the (1) meeting the purposes of this subtitle in tion Fund United States through sale or other trans- addressing the climate change adaptation action; and needs of developing countries; and 2012 ...... 5 .75 (B) in the case of an HFC importer for re- (2) enhancing the national security of the 2013 ...... 5 .75 sale, a value equal to the difference be- United States. 2014 ...... 5 .75 tween— (b) REQUIREMENTS.—In carrying out sub- 2015 ...... 6.50 (i) the quantity of HFC imported for resale section (a), the Administrator of the Agency 2016 ...... 6.75 from any source into the United States; and shall— 2017 ...... 6.75 (ii) the quantity of HFC exported; and

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graph (4); and non-HFC greenhouse gases; (B) the recovery, reclamation, and destruc- (C) by inserting after paragraph (2) the fol- (2) provide that the compliance obligation tion of HFCs; lowing: under this section shall require the submis- (C) manufacturers in the United States the ‘‘(3)(A) Not later than 1 year after date of sion of HFC allowances for any HFC con- products of which contain HFCs to transi- enactment of the Lieberman-Warner Climate sumed or imported in products or equipment; tion to manufacturing products that contain Security Act of 2008, the Administrator shall (3) provide that the compliance obligation refrigerants or blowing agents with lower promulgate regulations establishing stand- under the program shall not be satisfied, in global warming potential than HFCs cur- ards and requirements regarding the sale or whole or in part, by the submission of any rently in use; and distribution, or offer for sale and distribu- emission allowances or offset allowances es- (D) the promotion of energy-efficient man- tion in interstate commerce, use, and dis- tablished pursuant to titles II, III, or XIII; ufactured products that contain refrigerants posal of hydrofluorocarbon substitutes for (4) establish annual HFC limitations in ac- or blowing agents with low global warming class I substances and class II substances not cordance with subsection (d); potential. covered by paragraph (1), including the use, (5) take into consideration, in establishing (d) ANNUAL LIMITATIONS.—The Adminis- recycling, and disposal of those the limitations, whether the automobile trator shall establish HFC allowances for hydrofluorocarbon substitutes during the manufacturing industry will begin selling, each calendar year in a manner that estab- maintenance, service, repair, or disposal of before 2012, automobiles the air conditioning lishes limitations on annual consumption of appliances and industrial process refrigera- systems of which use a refrigerant with a HFCs pursuant to the program under this tion equipment. lower global warming potential than HFCs section of— ‘‘(B) The standards and requirements es- currently in use; (1) for calendar year 2012, not more than tablished under subparagraph (A) shall take (6) require the auction of— 289,000,000 carbon dioxide equivalents of effect not later than 1 year after the date of (A) not more than 10 percent of the quan- HFCs; promulgation of the regulations.’’; tity of HFC allowances established for cal- (2) for each of calendar years 2013 through (4) in subsection (c) (as redesignated by endar year 2012; 2019, a quantity of carbon dioxide equiva- paragraph (1))— (B) for each of calendar years 2013 through lents of HFCs that is less than the quantity (A) by redesignating paragraphs (1) 2030, a percentage of the quantity of HFC al- of carbon dioxide equivalents of HFCs estab- through (3) as subparagraphs (A) through (C), lowances established for the applicable cal- lished for the preceding calendar year; respectively, and indenting the subpara- endar year that is greater than the percent- graphs appropriately; age auctioned under this section for the pre- (3) for calendar year 2020, a quantity of car- (B) by striking the subsection designation ceding calendar year; and bon dioxide equivalents of HFCs equal to not and heading and all that follows through (C) 100 percent of the quantity of HFC al- more than the product obtained by multi- lowances established for calendar years 2031 plying— ‘‘following—’’ and inserting the following: ‘‘(c) SAFE DISPOSAL.—The regulations through 2050; (A) 289,000,000; and under subsection (b) shall— (7) for each of calendar years 2012 through (B) 0.85; ‘‘(1) establish standards and requirements 2030, require the allocation, at no charge, to (4) for each of calendar years 2021 through for the safe disposal of class I substances and entities that manufacture HFCs in the 2029, a quantity of carbon dioxide equiva- class II substances and hydrofluorocarbon United States and import HFCs into the lents of HFCs that is less than the quantity substitutes for those substances; and United States of— of carbon dioxide equivalents of HFCs estab- (A) subject to subparagraph (B), not less lished for the preceding calendar year; ‘‘(2) include each of the following:’’; and than 80 percent of the HFC allowances estab- (5) for calendar year 2030, a quantity of car- (C) in subparagraph (A) (as redesignated by lished for the applicable calendar year and bon dioxide equivalents of HFCs equal to not subparagraph (A)), by inserting ‘‘(or not auctioned in accordance with paragraph more than the product obtained by multi- hydrofluorocarbon substitutes for those sub- (6), with the allocation being based on 100 plying— stances)’’ after ‘‘class I or class II sub- percent of the HFCs and 60 percent of the (A) 289,000,000; and stances’’. hydrochlorofluorocarbons consumed by an (B) 0.55; SEC. 1503. FIRE SUPPRESSION AGENTS. HFC producer or importer for resale during— (6) for each of calendar years 2031 through Section 605(a) of the Clean Air Act (42 (i) a base period covering calendar years 2036, a quantity of carbon dioxide equiva- U.S.C. 7671d(a)) is amended— 2004 through 2006; or lents of HFCs that is less than the quantity (1) by redesignating paragraphs (1) through (ii) as the Secretary determines to be ap- of carbon dioxide equivalents of HFCs estab- (3) as subparagraphs (A) through (C), respec- propriate, an extended base period covering lished for the preceding calendar year; tively, and indenting the subparagraphs ap- calendar years 2004 through 2008 with respect (7) for each of calendar years 2037 through propriately; to an HFC producer or importer for resale 2039, a quantity of carbon dioxide equiva- (2) in the matter preceding subparagraph that commenced operation of a new manu- lents of HFCs that does not exceed the quan- (A) (as so redesignated), by striking ‘‘Effec- facturing facility in the United States after tity of carbon dioxide equivalents of HFCs tive’’ and inserting the following: 2006; and established for the preceding calendar year; ‘‘(1) IN GENERAL.—Effective’’; (B) not less than 10 percent of the emission and (3) in paragraph (1) (as redesignated by allowances established for the applicable cal- (8) for each of calendar years 2040 through paragraphs (1) and (2))— endar year and not auctioned to a class of 2050, a quantity of carbon dioxide equiva- (A) in subparagraph (B) (as so redesig- entities, to be defined by the Administrator, lents of HFCs that does not exceed the prod- nated), by striking ‘‘or’’ at the end; that manufacture in the United States com- uct obtained by multiplying— (B) in subparagraph (C) (as so redesig- mercial products containing HFCs, includ- (A) 289,000,000; and nated), by striking the period at the end and ing, at a minimum, entities that manufac- (B) 0.30. inserting ‘‘; or’’; and tured in the United States during calendar SEC. 1502. NATIONAL RECYCLING AND EMISSION (C) by inserting after subparagraph (C) the year 2005 commercial or residential air con- REDUCTION PROGRAM. following: ditioning, heat pump, commercial, or resi- Section 608 of the Clean Air Act (42 U.S.C. ‘‘(D) the Administrator determines that dential refrigeration products or plastic 7671g) is amended— the substance— foam products (including formulated sys- (1) by redesignating subsections (a) ‘‘(i) is used as a fire suppression agent for tems) containing HFC or hydrochlorofluoro- through (c) as subsections (b) through (d), re- military, commercial aviation, industrial, carbon, if the HFC or hydrochlorofluorocar- spectively; space, or national security applications; and bon was included in the products at the time (2) by inserting before subsection (b) (as so ‘‘(ii) reduces overall risk to human health of sale; redesignated) the following: and the environment, as compared to alter- (8) establish a system under which— ‘‘(a) DEFINITION OF HYDROFLUOROCARBON native substances.’’; and (A) a manufacturer or importer of HFCs SUBSTITUTE.—In this section, the term (4) in the second sentence, by striking ‘‘As may reduce a compliance obligation under ‘hydrofluorocarbon substitute’ means a used in’’ and inserting the following: this section for a calendar year by dem- hydrofluorocarbon— ‘‘(2) DEFINITION OF REFRIGERANT.—In’’. onstrating to the Administrator the quan- ‘‘(1) with a global warming potential of TITLE XVI—PERIODIC REPORTS AND tity of HFCs the manufacturer or importer more than 150; and RECOMMENDATIONS destroyed during that calendar year; and ‘‘(2) that is used in or for types of equip- SEC. 1601. NATIONAL ACADEMY OF SCIENCES RE- (B) the Administrator establishes and dis- ment, appliances, or processes that pre- PORTS. tributes HFC allowances, on a discounted viously relied on a class I or class II sub- (a) IN GENERAL.—Not later than 1 year basis, to entities for destruction of chloro- stance.’’; after the date of enactment of this Act, the

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Administrator shall offer to enter into an ar- U.S.C. 7412(a)) (referred to collectively in (b) COMPOSITION.—The members of the rangement with the National Academy of this title as ‘‘covered pollutants’’); Interagency Climate Change Task Force Sciences, under which the Academy shall, by (9) whether the transformation of the mar- shall be— not later than January 1, 2012, and every 3 ket and technologies deployed in response to (1) the Administrator; years thereafter, make public and submit to carbon controls and reductions are resulting (2) the Secretary of Energy; the Administrator a report in accordance in increases in covered pollutants; (3) the Secretary of the Treasury; with this section. (10) whether the use and trading of emis- (4) the Secretary of Commerce; and (b) LATEST SCIENTIFIC INFORMATION.—Each sion allowances and the transformation of (5) such other Cabinet Secretaries as the report submitted pursuant to subsection (a) the market and technologies deployed in re- President may name to the membership of shall— sponse to carbon controls and reductions are the Interagency Climate Change Task Force. (1) address recent scientific reports on cli- resulting in an increase in covered pollut- (c) CHAIRMAN.—The Administrator shall mate change, including the most recent as- ants in environmental justice communities, act as Chairperson of the Interagency Cli- sessment by the Intergovernmental Panel on specifically; and mate Change Task Force. Climate Change; and (11) with respect to the offset programs es- (d) REPORT TO PRESIDENT.— (2) include a description of— tablished under this Act— (1) IN GENERAL.—Not later than April 1, (A) trends in, and projections for, total (A) the uncertainty and additionality of 2019, the Interagency Climate Change Task United States greenhouse gas emissions, in- domestic offsets, international offsets, and Force shall make public and submit to the cluding the Inventory of United States international markets; President a consensus report making rec- Greenhouse Gas Emissions and Sinks; (B) the impacts of changing the restric- ommendations, including for specific legisla- (B) trends in, and projections for, total tions on the market and the economic costs tion for the President to recommend to Con- worldwide greenhouse gas emissions; of the offset programs; gress. (C) current and projected future atmos- (C) the interaction with the cost manage- (2) BASIS.—The report submitted pursuant pheric concentrations of greenhouse gases; ment efforts of the Board; to paragraph (1) shall be based on the third (D) current and projected future global av- (D) the impacts on deforestation in foreign set of recommendations submitted by the erage temperature, including an analysis of countries; and Administrator to Congress under section whether an increase of global average tem- (E) the progress covered entities are mak- 1602. perature in excess of 3.6 degrees Fahrenheit ing in reducing emissions from covered ac- (3) INCLUSIONS.—The Interagency Climate (2 degrees Celsius) above the preindustrial tivities of the covered entities. Change Task Force shall include with the average has occurred or is more likely than consensus report an explanation for each sig- not to occur in the foreseeable future; SEC. 1602. ENVIRONMENTAL PROTECTION AGEN- CY RECOMMENDATIONS. nificant inconsistency between the con- (E) current and projected future adverse (a) IN GENERAL.—Not later than January 1, sensus report and the third set of rec- impacts of global climate change on human 2013, and every 3 years thereafter, the Ad- ommendations submitted by the Adminis- populations, wildlife, and natural resources; ministrator shall submit to Congress legisla- trator to Congress pursuant to section 1602. and tive recommendations based in part on the (e) PRESIDENTIAL RECOMMENDATION TO CON- (F) trends in, and projections for, the most recent report submitted by the Na- GRESS.—Not later than July 1, 2020, the health of the oceans and ocean ecosystems, tional Academy of Sciences pursuant to sec- President shall submit to Congress the text including predicted changes in ocean acidity, tion 1601. of a proposed Act based upon the consensus temperatures, extent of coral reefs, and (b) CATEGORIES OF LEGISLATION.—The legis- report submitted to the President pursuant other indicators of ocean ecosystem health, lative measures eligible for inclusion in the to subsection (d). resulting from anthropogenic carbon dioxide recommendations required by subsection (a) TITLE XVII—MISCELLANEOUS emissions and climate change. shall include measures that would— (c) PERFORMANCE OF THIS ACT.—In addition Subtitle A—Climate Security Act (1) expand the definition of the term ‘‘cov- Administrative Fund to information required to be included under ered entity’’ under this Act; SEC. 1701. ESTABLISHMENT. subsection (b), each report submitted pursu- (2) expand the scope of the compliance ob- ant to subsection (a) shall include an assess- There is established in the Treasury of the ligation established by section 202; ment of— United States a fund, to be known as the (3) adjust quantities of emission allow- (1) the extent to which this Act, in concert ‘‘Climate Security Act Administrative ances available in 1 or more calendar years; with other policies, will prevent a dangerous Fund’’ (referred to in this subtitle as the (4) establish other policies for reducing increase in global average temperature; ‘‘Fund’’). greenhouse gas emissions in addition to the (2) the extent to which this Act, in concert SEC. 1702. AUCTIONS. policies established by this Act; with other policies, will prevent dangerous (a) FIRST PERIOD.—Not later than 120 days (5) establish policies for reducing nation- atmospheric concentrations of greenhouse after the date of enactment of this Act, and wide emissions into the atmosphere of sulfur gases; annually thereafter through 2027, the Admin- dioxide, nitrogen oxides, and mercury in ex- (3) the current and future projected deploy- istrator shall auction, to raise funds for de- cess of the reductions resulting from the im- ment of technologies and practices that re- posit in the Fund, 0.75 percent of the quan- plementation of this Act; and duce or limit greenhouse gas emissions, in- tity of emission allowances established pur- (6) prevent or abate any direct, indirect, or cluding— suant to section 201(a) for the calendar year cumulative increases in covered pollutants (A) technologies for capturing, trans- that is 3 years after the calendar year during resulting from the use and trading of emis- porting, and sequestering carbon dioxide; which the auction is conducted. sion allowances or from transformations in (B) efficiency improvement technologies; (b) SECOND PERIOD.— technologies or markets. (1) IN GENERAL.—For each of calendar years (C) zero- and low-greenhouse gas-emitting (c) CONSISTENCY WITH REPORTS.—The Ad- 2031 through 2050, the Administrator shall energy technologies, including solar, wind, ministrator shall include with each submis- auction, in accordance with paragraph (2), 1 geothermal, and nuclear technologies; and sion of recommendations made pursuant to percent of the quantity of emission allow- (D) above- and below-ground biological se- subsection (a) an explanation for each sig- questration technologies; nificant inconsistency between the rec- ances established pursuant to section 201(a) (4) the extent to which this Act and other ommendations and the reports submitted by for the calendar year, to raise funds for de- policies are accelerating the development the National Academies of Sciences pursuant posit in the Fund. and commercial deployment of technologies to section 1601. (2) NUMBER; FREQUENCY.—For each cal- and practices that reduce and limit green- (d) ONGOING EVALUATION OF IMPACTS.—Not endar year during the period described in house gas emissions; later than 90 days after the date of enact- paragraph (1), the Administrator shall— (5) the extent to which the allocations and ment of this Act, the Administrator shall es- (A) conduct not fewer than 4 auctions; and distributions of emission allowances and tablish an advisory committee that includes (B) schedule the auctions in a manner to auction proceeds under this Act are advanc- representatives of impacted communities to ensure that— ing the purposes of this Act; advise the Administrator on the implemen- (i) each auction takes place during the pe- (6) the feasibility of retiring quantities of tation of Executive Order No. 12898 (59 Fed. riod beginning 330 days before, and ending 60 the emission allowances established pursu- Reg. 7629) in implementing this Act. days before, the beginning of the calendar ant to section 201(a); (e) EFFECT ON OTHER AUTHORITY.—Nothing year; and (7) the feasibility of establishing policies in this title limits the authority of the Ad- (ii) the interval between each auction is of for reducing greenhouse gas emissions in ad- ministrator, a State, or any person to use equal duration. dition to the policies established by this Act; any authority under this Act or any other SEC. 1703. DEPOSITS. (8) whether the use and trading of emission law to promulgate, adopt, or enforce any reg- The Administrator shall deposit all pro- allowances is resulting in increases in pol- ulation. ceeds of auctions conducted pursuant to sec- lutants that are listed as criteria pollutants SEC. 1603. PRESIDENTIAL RECOMMENDATIONS. tion 1702, immediately on receipt of those under section 108(a)(1) of the Clean Air Act (a) ESTABLISHMENT OF TASK FORCE.—Not proceeds, in the Fund. (42 U.S.C. 7408(a)(1)), defined as toxic air pol- later than January 1, 2018, the President SEC. 1704. DISBURSEMENTS FROM FUND. lutants in section 211(k)(10)(C) of that Act (42 shall establish a task force, to be known as No disbursements shall be made from the U.S.C. 7545(k)(10)(C)), or listed as hazardous the ‘‘Interagency Climate Change Task Fund, except pursuant to an appropriation air pollutants in section 112(a) of that Act (42 Force’’. Act.

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SEC. 1705. USE OF FUNDS. tion is issued pursuant to section 1712, the (c) JUDICIAL REVIEW.— (a) IN GENERAL.—For each of calendar President shall accept public comments re- (1) IN GENERAL.—Any individual or entity years 2012 through 2050, the amounts depos- lating to the proclamation. may submit a petition for judicial review of ited into the Fund during the preceding cal- (b) RESPONSE.—Not later than 60 days after any regulation promulgated, or final action endar year under section 1703 shall be made the date on which a proclamation is issued, carried out, by the Administrator or any available to pay the administrative costs of the President shall respond to public com- other Federal official pursuant to this Act. carrying out this Act. ments received under subsection (a), includ- (2) COURT JURISDICTION.— (b) TREATMENT OF AMOUNTS IN FUND.— ing by providing an explanation of— (A) IN GENERAL.—Subject to subparagraph Amounts in the Fund— (1) the reasons for the relevant emergency (B), a petition under paragraph (1) may be (1) may be used as an offsetting collection declaration; and filed in the United States court of appeals available to the Administrator, the Sec- (2) the actions required by the proclama- for the appropriate circuit. retary of Agriculture, the Secretary of tion. (B) PETITIONS AGAINST ADMINISTRATOR.—A Labor, the Secretary of the Interior, the Sec- (c) NO IMPACT ON EFFECTIVE DATE.—Not- petition under paragraph (1) relating to a retary of Energy, the heads of other Federal withstanding subsections (a) and (b), a proc- regulation promulgated, or final action car- lamation under section 1712 shall take effect departments or agencies required to carry ried out, by the Administrator shall be filed on the date on which the proclamation is out activities under this Act, the Board, or only in the United States Court of Appeals issued. the Climate Change Technology Board to off- for the District of Columbia Circuit, in ac- set expenses incurred, or amounts made SEC. 1717. PROHIBITION ON DELEGATION. cordance with section 307(b) of the Clean Air The President shall not delegate to any in- available through an appropriation Act for Act (42 U.S.C. 7607(b)). dividual or entity the authority— use, in carrying out this Act; and (3) REMEDY.— (1) to make a declaration under section (2) shall remain available until expended. (A) CORRECTION OF DEFICIENCIES.—Subject 1711; or to subparagraph (B), on a determination by Subtitle B—Presidential Emergency (2) to issue a proclamation under section the reviewing court that a final agency ac- Declarations and Proclamations 1712. tion under this Act is arbitrary, capricious, SEC. 1711. EMERGENCY DECLARATION. Subtitle C—Administrative Procedure and or unlawful, the court shall require the agen- (a) IN GENERAL.—If the President deter- Judicial Review cy to correct each deficiency identified by mines that a national security, energy secu- SEC. 1721. REGULATORY PROCEDURES. the court— rity, or economic security emergency exists, (a) IN GENERAL.—Except as provided in (i) as expeditiously as practicable; and and that it is in the paramount interest of subsection (b), any rule, requirement, regula- (ii) in no case later than the earlier of— the United States to modify any requirement tion, method, standard, program, determina- (I) the date that is 1 year after the date on under this Act to minimize the effects of the tion, or final agency action made or promul- which the court makes the determination; emergency, the President may make an gated pursuant to this Act shall be subject to and emergency declaration. the regulatory procedures described in sub- (II) the applicable deadline under this Act (b) CONSULTATION.—In making an emer- chapter II of chapter 5 of title 5, United for the relevant original agency action. gency declaration under subsection (a), the States Code. (B) REQUIREMENT.—In selecting a remedy President shall, to the maximum extent (b) EXCEPTION.—Subsection (a) does not for an arbitrary, capricious, or unlawful ac- practicable, consult with and take into con- apply to the establishment or any allocation tion by the agency in carrying out this Act, sideration any advice received from— of emission allowances under this Act by the the reviewing court shall avoid vacating the (1) the National Security Advisor; Administrator. action if vacating the action could jeop- (2) the Secretary of the Treasury; SEC. 1722. ENFORCEMENT. ardize the full and timely achievement of the (3) the Secretary of Energy; (a) VIOLATIONS.— emission reductions required by this Act. (4) the Administrator; (1) IN GENERAL.—It shall be unlawful for (d) LITIGATION COSTS.—A court of com- (5) relevant committees of Congress; and any owner or operator of a covered entity to petent jurisdiction may award costs of liti- (6) the Board. violate any prohibition, requirement, or gation (including reasonable attorney and SEC. 1712. PRESIDENTIAL PROCLAMATION. other provision of this Act (including a regu- expert witness fees) for a civil action filed After making an emergency declaration lation promulgated pursuant to this Act). pursuant to this section in accordance with under section 1711, the President shall de- (2) OPERATION OF COVERED ENTITIES.—The section 307(f) of the Clean Air Act (42 U.S.C. clare by proclamation each action required operation of any covered entity in a manner 7607(f)). that results in emissions of greenhouse gas to minimize the emergency. SEC. 1723. POWERS OF ADMINISTRATOR. in excess of the number of emission allow- SEC. 1713. CONGRESSIONAL RESCISSION OR The Administrator shall have the same MODIFICATION. ances submitted for compliance with section powers and authorities provided under sec- 202 by the covered entity shall be considered (a) TREATMENT OF PROCLAMATION.—A proc- tions 114 and 307(a) of the Clean Air Act (42 lamation issued pursuant to section 1712 to be a violation of this Act. U.S.C. 7414, 7607(a)) in carrying out, admin- shall be considered to be a final action by (3) TREATMENT.—Each carbon dioxide istering, and enforcing this Act. equivalent of greenhouse gas emitted by a the President. Subtitle D—State Authority covered entity in excess of the number of (b) ACTION BY CONGRESS.—Congress shall SEC. 1731. RETENTION OF STATE AUTHORITY. rescind or modify a proclamation issued pur- emission allowances held by the covered en- tity shall be considered to be a separate vio- (a) IN GENERAL.—Except as provided in suant to section 1712, if necessary, not later subsection (b), nothing in this Act precludes, than 30 days after the date of issuance of the lation of this Act. (b) ENFORCEMENT.— diminishes, or abrogates the right of any proclamation. (1) IN GENERAL.—Each provision of this State to adopt or enforce— SEC. 1714. REPORT TO FEDERAL AGENCIES. Act, and any regulation promulgated pursu- (1) any standard, limitation, or prohibi- Not later than 30 days after the date on ant to this Act, shall be fully enforceable in tion, or cap relating to emissions of green- which a proclamation issued pursuant to sec- accordance with sections 113, 303, and 304 of house gas; or tion 1712 takes effect, and every 30 days the Clean Air Act (42 U.S.C. 7413, 7603, 7604). (2) any requirement relating to control, thereafter during the effective period of the (2) TREATMENT.—For purposes of enforce- abatement, mitigation, or avoidance of emis- proclamation, the President shall submit to ment under this subsection, all requirements sions of greenhouse gas. the head of each appropriate Federal agency under this Act shall be considered to be re- (b) EXCEPTION.—Notwithstanding sub- a report describing the actions required to be quirements of the Clean Air Act (42 U.S.C. section (a), no State may adopt a standard, limitation, prohibition, cap, or requirement carried out by the proclamation. 7401 et seq.), and, for purposes of enforce- that is less stringent than the applicable SEC. 1715. TERMINATION. ment under section 304 of that Act (42 U.S.C. standard, limitation, prohibition, or require- (a) IN GENERAL.—Subject to subsection (b), 7604), all requirements of this Act shall be ments under this Act. a proclamation issued pursuant to section considered to be emission standards or limi- 1712 shall terminate on the date that is 180 tations under that Act (42 U.S.C. 7401 et Subtitle E—Tribal Authority days after the date on which the proclama- seq.). SEC. 1741. TRIBAL AUTHORITY. tion takes effect. (3) MANDATORY DUTIES.—Any provision of For the purposes of this Act, the Adminis- (b) EXTENSION.—The President may request this Act relating to a mandatory duty of the trator may treat any Indian tribe as a State an extension of a proclamation terminated Administrator or any other Federal official in accordance with section 301(d) of the under subsection (a), in accordance with the shall be fully enforceable in accordance with Clean Air Act (42 U.S.C. 7601(d)). requirements of this subtitle. section 304 of the Clean Air Act (42 U.S.C. Subtitle F—Clean Air Act (c) CONGRESSIONAL APPROVAL.—Congress 7604). SEC. 1751. INTEGRATION. shall approve or disapprove a request of the (4) JURISDICTION OF UNITED STATES DISTRICT (a) REPORT.—Not later than 2 years after President under subsection (b) not later than COURTS.—Each United States district court the date of enactment of this Act, the Presi- 30 days after the date of receipt of the re- shall have jurisdiction to compel agency ac- dent shall submit to Congress a report de- quest. tion (including discretionary agency action) scribing any direct regulation of carbon di- SEC. 1716. PUBLIC COMMENT. required under this Act that, as determined oxide emissions that has occurred or may (a) IN GENERAL.—During the 30-day period by the United States district court, has been occur under the Clean Air Act (42 U.S.C. 7401 beginning on the date on which a proclama- unreasonably delayed. et seq.).

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(b) RECOMMENDATIONS.—The report shall At the end of title XIII, insert the fol- (14) The national security of the United include recommendations of the President to lowing: States will increasingly depend on the de- ensure efficiency and certainty in the regu- SEC. 1334. SENSE OF SENATE REGARDING INTER- ployment of diplomatic, military, scientific, lation of carbon dioxide emissions by the NATIONAL NEGOTIATIONS TO AD- and economic resources for solving the prob- Federal Government. DRESS GLOBAL CLIMATE CHANGE. lem of the overreliance of the United States Subtitle G—State–Federal Interaction and (a) FINDINGS.—The Senate makes the fol- and the world on high-carbon energy. Research lowing findings: (15) The United States is a party to the SEC. 1761. STUDY AND RESEARCH. (1) There is a scientific consensus, as estab- United Nations Framework Convention on (a) IN GENERAL.—The Administrator shall lished by the Intergovernmental Panel on Climate Change, done at New York May 9, enter into an arrangement with the National Climate Change and confirmed by the Na- 1992, and entered into force March 21, 1994 (in Academy of Sciences or an institution of tional Academy of Sciences, that the contin- this preamble referred to as the ‘‘Conven- higher education or collaborative of such in- ued buildup of anthropogenic greenhouse tion’’). stitutions under which the National Acad- gases in the atmosphere threatens the sta- (16) The Convention sets a long-term objec- emy of Sciences or institutions shall conduct bility of the global climate. tive of stabilizing greenhouse gas concentra- a study of— (2) The 2007 Fourth Assessment Report of tions in the atmosphere at a level that would (1) the reasonably foreseeable economic the Intergovernmental Panel on Climate prevent dangerous anthropogenic inter- ference with the climate system. and environmental benefits and costs to a Change concluded that most of the global (17) The Convention establishes that par- State and the United States as a result of warming observed since the mid-20th century ties bear ‘‘common but differentiated respon- the operation by the State of a cap-and-trade is very likely due to anthropogenic green- sibilities’’ for efforts to achieve the objective program for greenhouse gases, in addition to house gas emissions and that anthropogenic of stabilizing greenhouse gas concentrations. the Federal programs under this Act; warming is strongly linked to many observed (18) At the December 2007 United Nations (2) the reasonably foreseeable economic physical and biological impacts. Climate Change Conference in Bali, the and environmental benefits and costs to a (3) There are significant long-term risks to United States and other parties to the Con- State and the United States as a result of the economy and the environment of the vention adopted the Bali Action Plan with the operation by the State, in addition to United States from the temperature in- the aim of reaching a new global agreement the Federal programs under this Act, of a creases and climatic disruptions that are program that achieves greenhouse gas reduc- in 2009. projected to result from increased green- (19) The Bali Action Plan calls for a shared tions through mechanisms other than a cap- house gas concentrations. and-trade program, including— vision on long-term cooperative action, in- (4) The potential impacts of global climate creased mitigation efforts from developed (A) efficiency standards for vehicles, build- change, including long-term drought, fam- ings, and appliances; and developing countries that are measur- ine, mass migration, and abrupt climatic able, reportable, and verifiable, and support (B) renewable electricity standards; shifts, may lead to international tensions (C) land use planning and transportation for developing countries in addressing tech- and instability in regions affected and, nology transfers, adaptation, financing, de- policy; and therefore, have implications for the national (D) fuel carbon intensity standards; and forestation, and capacity-building. security interests of the United States. (20) The Major Economies Process on En- (3) the reasonably foreseeable effect on (5) The United States has the largest econ- emission allowance prices and price vola- ergy Security and Climate Change, initiated omy in the world and is also the largest his- by President George W. Bush, seeks a con- tility, costs to businesses and consumers (in- torical emitter of greenhouse gases. cluding low-income consumers), economic sensus among the countries with the world’s (6) The greenhouse gas emissions of the major economies on how those countries can growth, and total cumulative emissions asso- United States are projected to continue to ciated with each State program described in contribute to a new agreement under the rise. Convention. paragraphs (1) and (2), as compared to a na- (7) The greenhouse gas emissions of some tional greenhouse gas control policy limited (21) In April 2008, President Bush called for developing countries are rising more rapidly a ‘‘binding international agreement’’ with to the Federal programs under this Act. than the emissions of the United States and (b) GREAT LAKES CENTER FOR GREEN TECH- participation by all countries with major will soon surpass the greenhouse gas emis- NOLOGY MANUFACTURING.— economies in ‘‘goals and policies that reflect sions of the United States and other devel- (1) DESIGNATION.—The Administrator, in their unique energy resources and economic oped countries. cooperation with the Secretary of Commerce circumstances’’. (8) Reducing greenhouse gas emissions to and the Secretary of Energy, shall designate (22) An effective global effort to address the levels necessary to avoid serious cli- the University of Toledo as the ‘‘Great Lakes climate change must provide for commit- matic disruption requires the introduction of Center for Green Technology Manufac- ments and actions by all countries that are new energy technologies and other climate- turing’’, to recognize the importance of re- major emitters of greenhouse gases, devel- friendly technologies, the use of which re- search, development, and deployment of oped and developing alike, and the widely sults in low or no emissions of greenhouse manufacturing technology needed to reduce varying circumstances among developed and gases or in the capture and storage of green- worldwide greenhouse gas emissions. developing countries may require that such house gases. (2) PURPOSES.—The purposes of the Great commitments and actions vary. (9) The 2006 Stern Review on the Econom- Lakes Center for Green Technology Manu- (23) The latest scientific evidence suggests ics of Climate Change commissioned by the facturing shall be— that anthropogenic climate change is in- United Kingdom and the 2008 World Eco- (A) to carry out activities to increase do- creasing and the United States has supported nomic Outlook from the International Mone- mestic production of renewable energy tech- the goal of achieving a new international tary Fund each concluded that the economic nology and components; agreement during 2009, both lending urgency costs of addressing climate change are lim- (B) to develop, or assist in the development to the need for renewed United States leader- ited. and commercialization of, advanced manu- ship in the effort to counter global climate (10) The development and sale of climate- facturing processes, materials, and infra- change. friendly technologies in the United States ENSE OF THE ENATE structure for a low-carbon economy; and (b) S S .—It is the sense and internationally present economic oppor- of the Senate that— (C) to assist the transition of historically tunities for workers and businesses in the (1) the United States should act to reduce manufacturing-based economies to the pro- United States. the health, environmental, economic, and duction of renewable energy technologies. (11) Climate-friendly technologies can im- national security risks posed by global cli- (3) FUNDING.—There are authorized to be prove air quality by reducing harmful pollut- mate change and to foster sustained eco- appropriated such sums as are necessary to ants from stationary and mobile sources and nomic growth through a new generation of carry out this subsection. (c) PROCEEDS FROM AUCTIONS.—None of the can enhance energy security by reducing re- technologies by participating in negotiations proceeds from any auction conducted under liance on imported oil, diversifying energy under the United Nations Framework Con- this Act may be obligated after fiscal year sources, and reducing the vulnerability of vention on Climate Change, done at New 2047 except as provided in an appropriations energy delivery infrastructure. York May 9, 1992, and entered into force Act. (12) Other industrialized countries are un- March 21, 1994, and leading efforts in other dertaking measures to reduce greenhouse gas international fora, with the objective of se- SA 4826. Mr. REID (for Mr. BIDEN) emissions, which provides the industries in curing United States participation in bind- proposed an amendment to amendment those countries with a competitive advan- ing agreements, consistent with the Bali Ac- SA 4825 proposed by Mrs. BOXER (for tage in the growing global market for cli- tion Plan, that— herself, Mr. WARNER, and Mr. mate-friendly technologies. (A) advance and protect the economic and (13) Efforts to limit emissions growth in national security interests of the United LIEBERMAN) to the bill S. 3036, to direct developing countries in a manner that is States; the Administrator of the Environ- consistent with the development needs of (B) establish mitigation commitments by mental Protection Agency to establish those countries could establish significant all countries that are major emitters of a program to decrease emissions of markets for climate-friendly technologies greenhouse gases, consistent with the prin- greenhouse gases, and for other pur- and contribute to international efforts to ad- ciple of common but differentiated respon- poses; as follows: dress climate change. sibilities;

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.103 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5103 (C) establish flexible international mecha- gases or in the capture and storage of green- developing countries may require that such nisms to minimize the cost of efforts by par- house gases. commitments and actions vary. ticipating countries; and (9) The 2006 Stern Review on the Econom- (23) The latest scientific evidence suggests (D) achieve a significant long-term reduc- ics of Climate Change commissioned by the that anthropogenic climate change is in- tion in global greenhouse gas emissions; and United Kingdom and the 2008 World Eco- creasing and the United States has supported (2) the President should support the estab- nomic Outlook from the International Mone- the goal of achieving a new international lishment of a bipartisan Senate observer tary Fund each concluded that the economic agreement during 2009, both lending urgency group, the members of which should be des- costs of addressing climate change are lim- to the need for renewed United States leader- ignated by the chairman and ranking mem- ited. ship in the effort to counter global climate ber of the Committee on Foreign Relations (10) The development and sale of climate- change. of the Senate, to— friendly technologies in the United States (b) SENSE OF THE SENATE.—It is the sense (A) monitor any international negotiations and internationally present economic oppor- of the Senate that— on climate change; and tunities for workers and businesses in the (1) the United States should act to reduce (B) ensure that the responsibility of the United States. the health, environmental, economic, and Senate under article II, section 2 of the Con- (11) Climate-friendly technologies can im- national security risks posed by global cli- stitution of the United States to provide ad- prove air quality by reducing harmful pollut- mate change and to foster sustained eco- vice and consent to the President with re- ants from stationary and mobile sources and nomic growth through a new generation of spect to treaties be carried out in a manner can enhance energy security by reducing re- technologies by participating in negotiations to facilitate timely consideration of any ap- liance on imported oil, diversifying energy under the United Nations Framework Con- plicable treaty submitted to the Senate. sources, and reducing the vulnerability of vention on Climate Change, done at New energy delivery infrastructure. York May 9, 1992, and entered into force SA 4827. Mr. REID (for Mr. BIDEN) (12) Other industrialized countries are un- March 21, 1994, and leading efforts in other proposed an amendment to amendment dertaking measures to reduce greenhouse gas international fora, with the objective of se- emissions, which provides the industries in SA 4826 proposed by Mr. REID (for Mr. curing United States participation in bind- those countries with a competitive advan- ing agreements, consistent with the Bali Ac- BIDEN) to the amendment SA 4825 pro- tage in the growing global market for cli- tion Plan, that— posed by Mrs. BOXER (for herself, Mr. mate-friendly technologies. (A) advance and protect the economic and WARNER, and Mr. LIEBERMAN) to the (13) Efforts to limit emissions growth in national security interests of the United bill S. 3036, to direct the Administrator developing countries in a manner that is States; of the Environment Protection Agency consistent with the development needs of (B) establish mitigation commitments by to establish a program to decrease those countries could establish significant all countries that are major emitters of emissions of greenhouse gases, and for markets for climate-friendly technologies greenhouse gases, consistent with the prin- and contribute to international efforts to ad- other purposes; as follows: ciple of common but differentiated respon- dress climate change. sibilities; In the amendment, strike all after the (14) The national security of the United (C) establish flexible international mecha- word ‘‘SEC’’ on line 2 and insert the fol- States will increasingly depend on the de- nisms to minimize the cost of efforts by par- lowing: ployment of diplomatic, military, scientific, ticipating countries; and 1334. SENSE OF SENATE REGARDING INTER- and economic resources for solving the prob- (D) achieve a significant long-term reduc- NATIONAL NEGOTIATIONS TO AD- lem of the overreliance of the United States tion in global greenhouse gas emissions; and DRESS GLOBAL CLIMATE CHANGE. and the world on high-carbon energy. (2) the President should support the estab- (a) FINDINGS.—The Senate makes the fol- (15) The United States is a party to the lishment of a bipartisan Senate observer lowing findings: United Nations Framework Convention on group, the members of which should be des- (1) There is a scientific consensus, as estab- Climate Change, done at New York May 9, ignated by the chairman and ranking mem- lished by the Intergovernmental Panel on 1992, and entered into force March 21, 1994 (in ber of the Committee on Foreign Relations Climate Change and confirmed by the Na- this preamble referred to as the ‘‘Conven- of the Senate, to— tional Academy of Sciences, that the contin- tion’’). (A) monitor any international negotiations ued buildup of anthropogenic greenhouse (16) The Convention sets a long-term objec- on climate change; and gases in the atmosphere threatens the sta- tive of stabilizing greenhouse gas concentra- (B) ensure that the responsibility of the bility of the global climate. tions in the atmosphere at a level that would Senate under article II, section 2 of the Con- (2) The 2007 Fourth Assessment Report of prevent dangerous anthropogenic inter- stitution of the United States to provide ad- the Intergovernmental Panel on Climate ference with the climate system. vice and consent to the President with re- Change concluded that most of the global (17) The Convention establishes that par- spect to treaties be carried out in a manner warming observed since the mid-20th century ties bear ‘‘common but differentiated respon- to facilitate timely consideration of any ap- is very likely due to anthropogenic green- sibilities’’ for efforts to achieve the objective plicable treaty submitted to the Senate. house gas emissions and that anthropogenic of stabilizing greenhouse gas concentrations. The provisions of this section shall become warming is strongly linked to many observed (18) At the December 2007 United Nations effective in 7 days after enactment. physical and biological impacts. Climate Change Conference in Bali, the (3) There are significant long-term risks to United States and other parties to the Con- SA 4828. Mr. REID proposed an the economy and the environment of the vention adopted the Bali Action Plan with amendment to the bill S. 3036, to direct United States from the temperature in- the aim of reaching a new global agreement the Administrator of the Environ- creases and climatic disruptions that are in 2009. projected to result from increased green- (19) The Bali Action Plan calls for a shared mental Protection Agency to establish house gas concentrations. vision on long-term cooperative action, in- a program to decrease emissions of (4) The potential impacts of global climate creased mitigation efforts from developed greenhouse gases, and for other pur- change, including long-term drought, fam- and developing countries that are measur- poses; as follows: ine, mass migration, and abrupt climatic able, reportable, and verifiable, and support At the end of the bill, add the following: shifts, may lead to international tensions for developing countries in addressing tech- The provision of this Act shall become ef- and instability in regions affected and, nology transfers, adaptation, financing, de- fective 5 days after enactment. therefore, have implications for the national forestation, and capacity-building. security interests of the United States. (20) The Major Economies Process on En- SA 4829. Mr. REID proposed an (5) The United States has the largest econ- ergy Security and Climate Change, initiated amendment to amendment SA 4828 pro- omy in the world and is also the largest his- by President George W. Bush, seeks a con- posed by Mr. REID to the bill S. 3036, to torical emitter of greenhouse gases. sensus among the countries with the world’s direct the Administrator of the Envi- (6) The greenhouse gas emissions of the major economies on how those countries can ronmental Protection Agency to estab- United States are projected to continue to contribute to a new agreement under the lish a program to decrease emissions of rise. Convention. greenhouse gases, and for other pur- (7) The greenhouse gas emissions of some (21) In April 2008, President Bush called for poses; as follows: developing countries are rising more rapidly a ‘‘binding international agreement’’ with than the emissions of the United States and participation by all countries with major In the amendment, strike ‘‘5’’ and insert ‘‘4’’. will soon surpass the greenhouse gas emis- economies in ‘‘goals and policies that reflect sions of the United States and other devel- their unique energy resources and economic SA 4830. Mr. REID proposed an oped countries. circumstances’’. amendment to the bill S. 3036, to direct (8) Reducing greenhouse gas emissions to (22) An effective global effort to address the levels necessary to avoid serious cli- climate change must provide for commit- the Administrator of the Environ- matic disruption requires the introduction of ments and actions by all countries that are mental Protection Agency to establish new energy technologies and other climate- major emitters of greenhouse gases, devel- a program to decrease emissions of friendly technologies, the use of which re- oped and developing alike, and the widely greenhouse gases, and for other pur- sults in low or no emissions of greenhouse varying circumstances among developed and poses; as follows:

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.064 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5104 CONGRESSIONAL RECORD — SENATE June 4, 2008 At the end, insert the following: the Academy finds that such an alternate av- ommendations and the most recent reports This section shall become effective 3 days erage temperature is the threshold above submitted by the National Academy of after enactment of the bill. which warming is likely to cause dangerous Sciences pursuant to section 1601. interference with the climate system; and (f) PRESIDENTIAL RECOMMENDATION TO CON- SA 4831. Mr. REID proposed an (2) a range for the emission budget of the GRESS.—Not later than January 1, 2019, and amendment to amendment SA 4830 pro- United States, for the period described in every 3 years thereafter, the President shall posed by Mr. REID to the bill S. 3036, to paragraph (1), that— submit to Congress the text of proposed leg- direct the Administrator of the Envi- (A) is realistically consistent with remain- islation based on the recommendations sub- ronmental Protection Agency to estab- ing within the global cumulative emission mitted to the President pursuant to sub- budget recommended under paragraph (1); section (a). lish a program to decrease emissions of and (g) ONGOING EVALUATION OF IMPACTS.—Not greenhouse gases, and for other pur- (B) takes into consideration emission re- later than 90 days after the date of enact- poses; as follows: ductions and other commitments by indus- ment of this Act, the Administrator shall es- On line 2, strike ‘‘3’’ and insert ‘‘2’’. trialized and developing nations under the tablish an advisory committee that includes United Nations Framework Convention on representatives of affected communities to SA 4832. Mr. REID proposed an Climate Change, done at New York on May 9, advise the Administrator on the implemen- 1992. amendment to amendment SA 4831 pro- tation of Executive Order No. 12898 (59 Fed. Beginning on page 475, strike line 6 and all posed by Mr. REID to the amendment Reg. 7629; relating to Federal actions to ad- that follows through page 478, line 17, and in- SA 4830 proposed by Mr. REID to the dress environmental justice in minority pop- sert the following: bill S. 3036, to direct the Administrator ulations and low-income populations) in im- of the Environmental Protection Agen- SEC. 1602. PRESIDENTIAL RECOMMENDATIONS. plementing this Act. (a) IN GENERAL.—Not later than September cy to establish a program to decrease FFECT ON OTHER AUTHORITY.—Nothing 30, 2018, and every 3 years thereafter, the Ad- (h) E in this title limits the authority of the Ad- emissions of greenhouse gases, and for ministrator shall make public and submit to ministrator, a State, or any person to use other purposes; as follows: the President a report making legislative any authority under this Act or any other In the amendment strike ‘‘2’’ and insert recommendations to achieve cumulative law to promulgate, adopt, or enforce any reg- ‘‘1’’. United States emission reductions through ulation. calendar year 2050 for the President to trans- SA 4833. Mr. KERRY (for himself, mit to Congress. SEC. 1603. CONGRESSIONAL REVIEW OF PRESI- Mrs. FEINSTEIN, and Ms. SNOWE) sub- (b) COORDINATION WITH OTHER AGENCIES.— DENTIAL RECOMMENDATIONS. mitted an amendment intended to be In developing those recommendations, the (a) DEFINITION OF IMPLEMENTING LEGISLA- proposed by him to the bill S. 3036, to Administrator shall coordinate with— TION.—In this section, the term ‘‘imple- direct the Administrator of the Envi- (1) the Secretary of Energy; menting legislation’’ means only legislation (2) the Secretary of the Treasury; introduced in the period beginning on the ronmental Protection Agency to estab- (3) the Secretary of Commerce; lish a program to decrease emissions of date on which recommendations for legisla- (4) the Secretary of the Interior; and tion are submitted to Congress under section greenhouse gases, and for other pur- (5) other relevant Federal officials, as de- 1602(f), and every third year thereafter, and poses; which was ordered to lie on the termined by the Administrator, appointed to ending 60 days after such submission (exclud- table; as follows: a position at level I of the Executive Sched- ing days either House of Congress is ad- On page 15, line 2, strike ‘‘and’’. ule and listed in section 5312 of title 5, journed for more than 3 days during a ses- On page 15, line 12, strike the period and United States Code. sion of Congress), which proposes the legisla- insert ‘‘; and’’. (c) BASIS.—The recommendations sub- tive changes recommended by the President On page 15, between lines 12 and 13, insert mitted pursuant to subsection (a) shall be under section 1602. based on the most recent reports submitted the following: (b) REFERRAL.—Implementing legislation by the National Academy of Sciences pursu- (25) a Federal climate program for the described in subsection (a) shall be referred ant to section 1601. United States must respond in a timely fash- immediately to the Committee on Energy (d) INCLUSIONS.—The report shall include— ion to the most up-to-date science on cli- and Commerce of the House of Representa- (1) recommendations for amendments to mate change, including scientific findings on tives and the Committee on Environment this Act to achieve cumulative United States the reductions in United States greenhouse and Public Works of the Senate. gas emissions needed to avert the worst ef- emission reductions through calendar year (c) CONSIDERATION.— fects of climate change. 2050 that are realistically consistent with re- On page 471, strike lines 3 through 5 and in- maining within the global cumulative emis- (1) IN GENERAL.—Implementing legislation sert the following: sion budget described in section 1601(d)(1), shall be considered by the committee to (1) consider and incorporate existing find- including measures that would— which the legislation is referred under sub- ings and reports, including the most recent (A) adjust the definition of the term ‘‘cov- section (b). assessments from the U.S. Global Change Re- ered entity’’ under this Act; (2) SENATE PROCEDURE.—In the Senate— search Program and the Intergovernmental (B) adjust the scope of the compliance obli- (A) a committee to which legislation is re- Panel on Climate Change; and gation established by section 202; ferred under subsection (b) may be dis- On page 471, line 24, strike ‘‘and’’ at the (C) adjust quantities of emission allow- charged from further consideration of the end. ances available in 1 or more calendar years; implementing legislation at the end of the On page 472, line 7, strike the period at the (D) establish other policies for reducing period of 30 calendar days after the introduc- end and insert ‘‘; and’’. greenhouse gas emissions in addition to the tion of the legislation, upon a petition sup- On page 472, between lines 7 and 8, insert policies established by this Act; ported in writing by 30 Members of the Sen- the following: (E) establish policies for reducing nation- ate; and (G) the potential for abrupt changes in cli- wide emissions into the atmosphere of sulfur (B) after that 30-calendar-day period, the mate that occur so rapidly or unexpectedly dioxide, nitrogen oxides, and mercury in ex- legislation shall be placed on the calendar. that human or natural systems have dif- cess of the reductions resulting from the im- (d) MOTION TO PROCEED IN SENATE.— ficulty adapting. plementation of this Act; and (1) IN GENERAL.—In the Senate, after the On page 475, between lines 5 and 6, insert (F) prevent or abate any direct, indirect, or committee to which implementing legisla- the following: cumulative increases in covered pollutants tion is referred under subsection (b) has re- (d) RECOMMENDATIONS ON GLOBAL AND resulting from the use and trading of emis- ported the legislation or been discharged UNITED STATES EMISSION BUDGETS.—In addi- sion allowances or from transformations in under subsection (c)(2)(A) from further con- tion to and taking into account the informa- technologies or markets; and sideration of the legislation, it shall be at tion required to be included under sub- (2) safeguards to achieve all the purposes of any time thereafter in order (even though a sections (b) and (c), each report required to this Act in accordance with paragraph (1), previous motion to the same effect has been be submitted under subsection (a) shall in- including— disagreed to) for a motion to proceed to the clude recommendations regarding— (A) the accomplishment of robust growth consideration of the implementing legisla- (1) a global cumulative emission budget for and the creation of new jobs in the United tion. the period beginning on the date of submis- States economy; and (2) DEBATE AND POSTPONEMENT.—A motion sion of the first report under subsection (a) (B) the protection of United States con- to proceed described in paragraph (1) shall and ending on December 31, 2050, that would sumers, especially consumers in greatest not be debatable or subject to a motion to likely achieve the goals of— need, from hardship. postpone, or to a motion to proceed to the (A) preventing an increase in global aver- (e) CONSISTENCY WITH REPORTS.—The Ad- consideration of other business. age temperature of more than 2 degrees Cel- ministrator shall include with each submis- (3) MOTION TO RECONSIDER.—A motion to sius above the preindustrial average; or sion of recommendations made pursuant to reconsider the vote by which a motion to (B) preventing an alternate temperature subsection (a) an explanation for each sig- proceed under paragraph (1) is agreed to or increase above the preindustrial average, if nificant inconsistency between the rec- disagreed to shall not be in order.

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(4) AGREEMENT.—If a motion to proceed to At the appropriate place, insert the fol- (D) is a Senior Executive Service position the consideration of the implementing legis- lowing: as defined under section 3132 (2) of title 5, lation is agreed to, the implementing legisla- SEC. lll. PROTECTION OF SCIENTIFIC CREDI- United States Code, and not a career re- tion shall remain the unfinished business of BILITY, INTEGRITY, AND COMMU- served position as defined under paragraph the Senate until disposed of. NICATION. (8) of that section; or (e) PROCEDURE IN HOUSE OF REPRESENTA- (a) SHORT TITLE.—This section may be (E) is in the executive branch of the Gov- TIVES.—In the House of Representatives— cited as the ‘‘Protect Science Act of 2008’’. ernment of a confidential or policy-deter- (1) the committee to which implementing (b) DEFINITIONS.—In this section: mining character under schedule C of sub- legislation is referred under subsection (b) (1) AGENCY.—The term ‘‘agency’’ has the part C of part 213 of title 5 of the Code of may be discharged from further consider- meaning given under section 551(1) of title 5, Federal Regulations. ation of the implementing legislation— United States Code. (2) REQUIREMENTS.— (A) at the end of the 60-calendar-day period (2) SCIENTIFIC.—The term ‘‘scientific’’ (A) IN GENERAL.—Not later than 48 hours beginning on the date of introduction of the means relating to the natural, physical, en- after an agency publishes a scientific study legislation in the House of Representatives; vironmental, earth, ocean, climate, atmos- or report, including a summary, synthesis, and pheric, mathematical, medical, or social or analysis of a scientific study or report, (B) upon a petition supported in writing by sciences or engineering. that has been modified to incorporate oral or 130 Members of the House of Representatives; (c) FINDINGS AND PURPOSE.— written comments by a political appointee and (1) FINDINGS.—Congress finds the following: that change the force, meaning, emphasis, (C) the implementing legislation shall be (A) Scientific research and innovation is a conclusions, findings, or recommendations of placed on the calendar, and called up on the principal component to American prosperity. the scientific or technical component of the floor of the House of Representatives, sub- (B) There have been numerous cases where study or report, the head of that agency ject to the rules of the House of Representa- Federal scientific studies and reports have shall— tives. been altered by political appointees and Fed- (i) make available on a departmental or (f) EFFECT OF SECTION ON CONGRESSIONAL eral employees to misrepresent or omit in- agency website, and on a public docket, if RULES.—This section— formation. any, that is accessible by the public— (1) is enacted by Congress as an exercise of (C) Political interference has also resulted (I) the final version by the principal sci- the rulemaking power of the Senate and in— entific investigators before review; House of Representatives, respectively; (i) the censorship of scientific information (II) the final version as published by the (2) as such rulemaking power— and documents requested by Congress; agency; and (A) is deemed to be part of the rules of (ii) the delayed release of Government (III) a version making a comparison of the each of the Senate and House of Representa- science reports; and versions described under subclauses (I) and tives, respectively; (iii) the denial of media access to scientific (II), that identifies— (B) shall be applicable only with respect to researchers. (aa) any modifications; and the procedure to be followed in the Senate or (D) Such political interference with (bb) the text making those modifications; House of Representatives, respectively, in science in the Federal agencies undermines (ii) identify any political appointee who the case of implementing legislation de- the credibility, integrity, and consistency of made those comments; and scribed in subsection (a); and the United States Government. (iii) provide uniform resource locator links (C) supersedes other rules only to the ex- (2) PURPOSE.—The purpose of this section on that website to both versions and related tent that the section is inconsistent with is to protect scientific credibility, integrity, publications. those other rules; and and communication in research and policy- (B) PRINTED PUBLICATIONS.—The head of (3) is enacted by Congress with full rec- making. each agency shall ensure that the printed ognition of the constitutional right of either (d) PROHIBITION OF POLITICAL INTER- publication of any summary, synthesis, or the Senate or House of Representatives to FERENCE WITH SCIENCE.— analysis of a scientific study or report de- change the rules (so far as relating to the (1) IN GENERAL.—Subchapter V of chapter scribed under subparagraph (A) shall include procedure of that House) at any time, in the 73 of title 5, United States Code, is amended a reference to the website described under same manner, and to the same extent as in by adding at the end the following: that paragraph. the case of any other rule of that House. (3) FORMAT AND EASE OF COMPARISON.—The ‘‘§ 7354. Interference with science versions of any study or report described SA 4834. Mr. DURBIN submitted an ‘‘(a) DEFINITIONS.—In this section— under paragraph (2) shall be made avail- amendment intended to be proposed by ‘‘(1) the term ‘censorship’ means improper able— him to the bill S. 3036, to direct the Ad- prevention of the dissemination of valid and (A) in a format that is generally available ministrator of the Environmental Pro- nonclassified scientific findings; to the public; and tection Agency to establish a program ‘‘(2) the term ‘scientific’ means relating to (B) in the same format and accessible on to decrease emissions of greenhouse the natural, physical, environmental, earth, the same page with equal prominence, or in gases, and for other purposes; which ocean, climate, atmospheric, mathematical, any other manner that facilitates compari- medical, or social sciences or engineering; was ordered to lie on the table; as fol- son of the 2 versions. and (f) STATE OF SCIENTIFIC INTEGRITY RE- lows: ‘‘(3) the term ‘tampering’ means improp- PORT.—Not later than 1 year after the date of On page 63, between lines 7 and 8, insert erly altering or obstructing so as to substan- enactment of this Act, and each year there- the following: tially distort, or directing others to do so. after, the Comptroller General shall submit SEC. 127. FUTUREGEN COOPERATIVE AGREE- ‘‘(b) IN GENERAL.—An employee may not a report to Congress on compliance with the MENT. engage in any of the following: requirements of section 7354 of title 5, United (a) IN GENERAL.—Subject to subsection (b), ‘‘(1) Tampering with the conduct or find- States Code, (as added by subsection (d) of the Secretary of Energy shall continue the ings of federally funded scientific research or this section) and section (e) of this section. cooperative agreement numbered DE-FC 26- analysis. 06NT42073, as in effect on the date of enact- ‘‘(2) Censorship of findings of federally SA 4836. Mr. BIDEN (for himself, Mr. ment of this Act, through March 30, 2009. funded scientific research or analysis. LUGAR, Mr. KERRY, Mr. WARNER, Mr. (b) ADMINISTRATION.—During the period be- ‘‘(3) Directing the dissemination of sci- MENENDEZ, Ms. SNOWE, Mr. CARDIN, Mr. ginning on the date of enactment of this Act entific information known by the directing and ending on March 30, 2009— CASEY, Mr. BAYH, Ms. COLLINS, Mr. employee to be false or misleading.’’. (1) the agreement described in subsection OBAMA, Mr. WEBB, Mr. FEINGOLD, Mr. (2) TECHNICAL AND CONFORMING AMEND- (a) may not be terminated except by the mu- WHITEHOUSE, Mr. NELSON, of Florida, MENT.—The table of sections for chapter 73 of tual consent of the parties to the agreement; Mr. BINGAMAN, and Mr. MCCAIN) sub- title 5, is amended by inserting after the and item relating to section 7353 the following: mitted an amendment intended to be (2) funds may be expended under the agree- proposed by him to the bill S. 3036, to ‘‘7354. Interference with science.’’. ment only to complete and provide informa- direct the Administrator of the Envi- (e) PUBLICATION REQUIREMENT RELATING TO tion and documentation to the Department ronmental Protection Agency to estab- of Energy. SCIENTIFIC STUDIES AND REPORTS.— (1) DEFINITION.—In this subsection, the lish a program to decrease emissions of SA 4835. Mr. LAUTENBERG sub- term ‘‘political appointee’’ means an indi- greenhouse gases, and for other pur- mitted an amendment intended to be vidual who holds a position that— poses; which was ordered to lie on the proposed by him to the bill S. 3036, to (A) requires appointment by the President, table; as follows: direct the Administrator of the Envi- by and with the advice and consent of the At the end of title XIII, insert the fol- Senate; lowing: ronmental Protection Agency to estab- (B) is within the Executive Office of the lish a program to decrease emissions of SEC. 1334. SENSE OF SENATE REGARDING INTER- President; NATIONAL NEGOTIATIONS TO AD- greenhouse gases, and for other pur- (C) is on the Executive Schedule under sub- DRESS GLOBAL CLIMATE CHANGE. poses; which was ordered to lie on the chapter II of chapter 53 of title 5, United (a) FINDINGS.—The Senate makes the fol- table; as follows: States Code; lowing findings:

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.068 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5106 CONGRESSIONAL RECORD — SENATE June 4, 2008 (1) There is a scientific consensus, as estab- Climate Change, done at New York May 9, ignated by the chairman and ranking mem- lished by the Intergovernmental Panel on 1992, and entered into force March 21, 1994 (in ber of the Committee on Foreign Relations Climate Change and confirmed by the Na- this preamble referred to as the ‘‘Conven- of the Senate, to— tional Academy of Sciences, that the contin- tion’’). (A) monitor any international negotiations ued buildup of anthropogenic greenhouse (16) The Convention sets a long-term objec- on climate change; and gases in the atmosphere threatens the sta- tive of stabilizing greenhouse gas concentra- (B) ensure that the responsibility of the bility of the global climate. tions in the atmosphere at a level that would Senate under article II, section 2 of the Con- (2) The 2007 Fourth Assessment Report of prevent dangerous anthropogenic inter- stitution of the United States to provide ad- the Intergovernmental Panel on Climate ference with the climate system. vice and consent to the President with re- Change concluded that most of the global (17) The Convention establishes that par- spect to treaties be carried out in a manner warming observed since the mid-20th century ties bear ‘‘common but differentiated respon- to facilitate timely consideration of any ap- is very likely due to anthropogenic green- sibilities’’ for efforts to achieve the objective plicable treaty submitted to the Senate. house gas emissions and that anthropogenic of stabilizing greenhouse gas concentrations. warming is strongly linked to many observed (18) At the December 2007 United Nations SA 4837. Mr. SANDERS submitted an physical and biological impacts. Climate Change Conference in Bali, the amendment intended to be proposed by (3) There are significant long-term risks to United States and other parties to the Con- the economy and the environment of the vention adopted the Bali Action Plan with him to the bill S. 3036, to direct the Ad- United States from the temperature in- the aim of reaching a new global agreement ministrator of the Environmental Pro- creases and climatic disruptions that are in 2009. tection Agency to establish a program projected to result from increased green- (19) The Bali Action Plan calls for a shared to decrease emissions of greenhouse house gas concentrations. vision on long-term cooperative action, in- gases, and for other purposes; which (4) The potential impacts of global climate creased mitigation efforts from developed was ordered to lie on the table; as fol- change, including long-term drought, fam- and developing countries that are measur- lows: ine, mass migration, and abrupt climatic able, reportable, and verifiable, and support shifts, may lead to international tensions for developing countries in addressing tech- At the end of subtitle F of title V, add the and instability in regions affected and, nology transfers, adaptation, financing, de- following: therefore, have implications for the national forestation, and capacity-building. SEC. 553. EXCLUSION OF NEW FOSSIL FUEL- security interests of the United States. (20) The Major Economies Process on En- FIRED ELECTRlCITY GENERATORS. (5) The United States has the largest econ- ergy Security and Climate Change, initiated Notwithstanding any other provision of omy in the world and is also the largest his- by President George W. Bush, seeks a con- this subtitle shall not apply to fossil fuel- torical emitter of greenhouse gases. sensus among the countries with the world’s fired electricity generators (including fossil (6) The greenhouse gas emissions of the major economies on how those countries can fuel-fired electricity generators owned or op- United States are projected to continue to contribute to a new agreement under the erated by a rural electric cooperative) for 2 rise. Convention. which construction began after January 19, (7) The greenhouse gas emissions of some (21) In April 2008, President Bush called for 2007. developing countries are rising more rapidly a ‘‘binding international agreement’’ with At the end of section 614(d), add the fol- than the emissions of the United States and participation by all countries with major lowing: will soon surpass the greenhouse gas emis- economies in ‘‘goals and policies that reflect (2) EXCLUSION OF FOSSIL FUEL-FIRED ELEC- sions of the United States and other devel- their unique energy resources and economic TRICITY GENERATORS.—Notwithstanding oped countries. circumstances’’. paragraph (1), a State shall not use any (8) Reducing greenhouse gas emissions to (22) An effective global effort to address emission allowance (or proceeds of sale of an the levels necessary to avoid serious cli- climate change must provide for commit- emission allowance) to mitigate obstacles to matic disruption requires the introduction of ments and actions by all countries that are investment by fossil fuel-fired electricity new energy technologies and other climate- major emitters of greenhouse gases, devel- generators (including fossil fuel-fired elec- friendly technologies, the use of which re- oped and developing alike, and the widely tricity generators owned or operated by a sults in low or no emissions of greenhouse varying circumstances among developed and rural electric cooperative) or fossil fuel-fired gases or in the capture and storage of green- developing countries may require that such electricity generation markets. house gases. commitments and actions vary. (9) The 2006 Stern Review on the Econom- (23) The latest scientific evidence suggests ics of Climate Change commissioned by the that anthropogenic climate change is in- SA 4837. Mr. SANDERS (for himself, United Kingdom and the 2008 World Eco- creasing and the United States has supported Mr. MENENDEZ, and Mr. KERRY) sub- nomic Outlook from the International Mone- the goal of achieving a new international mitted an amendment intended to be tary Fund each concluded that the economic agreement during 2009, both lending urgency proposed by him to the bill S. 3036, to costs of addressing climate change are lim- to the need for renewed United States leader- direct the Administrator of the Envi- ited. ship in the effort to counter global climate ronmental Protection Agency to estab- (10) The development and sale of climate- change. lish a program to decrease emissions of friendly technologies in the United States (b) SENSE OF THE SENATE.—It is the sense and internationally present economic oppor- of the Senate that— greenhouse gases, and for other pur- tunities for workers and businesses in the (1) the United States should act to reduce poses; which was ordered to lie on the United States. the health, environmental, economic, and table; as follows: (11) Climate-friendly technologies can im- national security risks posed by global cli- On page 65, between lines 2 and 3, insert prove air quality by reducing harmful pollut- mate change and to foster sustained eco- the following: ants from stationary and mobile sources and nomic growth through a new generation of (d) NATIONAL EMISSION REDUCTION MILE- can enhance energy security by reducing re- technologies by participating in negotiations STONES FOR 2050.—Not later than January 1, liance on imported oil, diversifying energy under the United Nations Framework Con- 2012, after an opportunity for public notice sources, and reducing the vulnerability of vention on Climate Change, done at New and comment, the Administrator shall pro- energy delivery infrastructure. York May 9, 1992, and entered into force mulgate rules and take any other actions (12) Other industrialized countries are un- March 21, 1994, and leading efforts in other necessary (including revising the post-2020 dertaking measures to reduce greenhouse gas international fora, with the objective of se- emission allowances in the chart in sub- emissions, which provides the industries in curing United States participation in bind- section (a)) to achieve an 80 percent reduc- those countries with a competitive advan- ing agreements, consistent with the Bali Ac- tion in all United States global warming tage in the growing global market for cli- tion Plan, that— emissions by calendar year 2050, as compared mate-friendly technologies. (A) advance and protect the economic and to calendar year 1990. (13) Efforts to limit emissions growth in national security interests of the United developing countries in a manner that is States; consistent with the development needs of (B) establish mitigation commitments by SA 4839. Mr. SANDERS (for himself, those countries could establish significant all countries that are major emitters of Mr. MENENDEZ, and Mr. KERRY) sub- markets for climate-friendly technologies greenhouse gases, consistent with the prin- mitted an amendment intended to be and contribute to international efforts to ad- ciple of common but differentiated respon- proposed by him to the bill S. 3036, to dress climate change. sibilities; direct the Administrator of the Envi- (14) The national security of the United (C) establish flexible international mecha- ronmental Protection Agency to estab- States will increasingly depend on the de- nisms to minimize the cost of efforts by par- lish a program to decrease emissions of ployment of diplomatic, military, scientific, ticipating countries; and greenhouse gases, and for other pur- and economic resources for solving the prob- (D) achieve a significant long-term reduc- lem of the overreliance of the United States tion in global greenhouse gas emissions; and poses; which was ordered to lie on the and the world on high-carbon energy. (2) the President should support the estab- table; as follows: (15) The United States is a party to the lishment of a bipartisan Senate observer At the end of subtitle D of title VIII, add United Nations Framework Convention on group, the members of which should be des- the following:

VerDate Aug 31 2005 08:13 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.080 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5107 SEC. 833. REBATES FOR PURCHASE AND INSTAL- (D) the recipient of the rebate shall meet electricity generated by a hydroelectric fa- LATION OF PHOTOVOLTAIC SYS- such other eligibility criteria as are deter- cility (including a pumped storage facility, TEMS FOR 10 MILLION-SOLAR mined to be appropriate by the Secretary. but excluding incremental hydropower). ROOFS. (2) OTHER ENTITIES.—After public review ‘‘(2) BIOMASS.— (a) FINDINGS.—Congress finds that— and comment, the Secretary may identify ‘‘(A) IN GENERAL.—Except as otherwise pro- (1)(A) there is huge potential for increasing other individuals or entities located in the vided in this paragraph, the term ‘biomass’ the quantity of electricity produced in the United States that qualify for a rebate under means— United States from distributed solar this section. ‘‘(i) cellulosic (plant fiber) organic mate- photovoltaics; and (d) AMOUNT.— rials from a plant that is planted for the pur- (B) the use of photovoltaics on the roofs of (1) IN GENERAL.—Subject to paragraph (2), pose of being used to produce energy; or 10 percent of existing buildings could meet 70 the amount of a rebate provided to an eligi- ‘‘(ii) nonhazardous, plant or algal matter percent of peak electric demand; ble individual or entity for the purchase and that is derived from any of— (2) investment in solar photovoltaics tech- installation of a photovoltaic system for a ‘‘(I) an agricultural crop, crop byproduct or nology will create economies of scale that property under this section shall be at least residue resource; will allow the technology to deliver elec- $3 for each watt of installed capacity. ‘‘(II) waste such as landscape or right-of- tricity at prices that are competitive with (2) MAXIMUM AMOUNT.—The total amount way trimmings (but not including municipal electricity from fossil fuels; of a rebate provided to an eligible individual solid waste, recyclable postconsumer waste (3) electricity produced from distributed or entity for the purchase and installation of paper, painted, treated, or pressurized wood, solar photovoltaics helps to reduce green- a photovoltaic system for a property under or wood contaminated with plastic or met- house gas emissions and does not emit harm- this section shall not exceed 50 percent of als); ful air pollutants, such as mercury, sulfur di- the cost of the purchase and installation of ‘‘(III) gasified animal waste; or oxide, and nitrogen oxides; the system. ‘‘(IV) landfill methane. (4) electricity produced from distributed (e) RELATIONSHIP TO OTHER LAW.—The au- ‘‘(B) NATIONAL FOREST LAND AND CERTAIN solar photovoltaics enhances national energy thority provided under this section shall be OTHER PUBLIC LAND.—With respect to organic security; in addition to any other authority under material removed from National Forest Sys- (5) investments in renewable energy stimu- which credits or other types of financial as- tem land or from public land administered late the development of green jobs that pro- sistance are provided for installation of a by the Secretary of the Interior, the term vide substantial economic benefits; photovoltaic system for a property. ‘biomass’ means only organic material (6)(A) rebate programs in several States (f) ALLOCATION.— from— have been successful in increasing the quan- (1) IN GENERAL.—Notwithstanding section ‘‘(i) ecological forest restoration; tity of solar energy from distributed 551, not later than 330 days before the begin- ‘‘(ii) pre-commercial thinnings; photovoltaics; ning of each of calendar years 2012 through ‘‘(iii) brush; (B) the State of California has used rebate 2021, of the quantity of emission allowances ‘‘(iv) mill residues; and programs to install nearly 190 megawatts of established pursuant to section 201(a) that ‘‘(v) slash. grid-connected photovoltaics since 2000; and are made available under section 551 for each ‘‘(C) EXCLUSION OF CERTAIN FEDERAL (C) the State of New Jersey has installed of those calendar years, the Administrator LAND.—Notwithstanding subparagraph (B), nearly 50 megawatts of grid-connected shall allocate a percentage to provide re- material or matter that would otherwise photovoltaics since 2001, including 20 bates under this section. qualify as biomass shall not be included in megawatts in 2007 alone; and (2) QUANTITIES OF EMISSION ALLOWANCES AL- the term ‘biomass’ if the material or matter (7) Germany has installed nearly 4,000 LOCATED.—The quantities of emission allow- is located on— megawatts of distributed solar photovoltaics ances allocated pursuant to paragraph (1) ‘‘(i) Federal land containing old growth and sustained an annual growth rate ap- shall be the quantities represented by the forest or late successional forest, unless the proaching 67 percent since enacting aggres- percentages in the following table: Secretary of the Interior or the Secretary of sive laws to encourage photovoltaic installa- Agriculture determines that the removal of tions Percentage for organic material from the Federal land— (b) PROGRAM.—The Secretary of Energy Calendar year rebates under ‘‘(I) is appropriate for the applicable forest (referred to in this section as the ‘‘Sec- 10-million solar type; and roofs program retary’’) shall establish a program under ‘‘(II) maximizes the retention of late-suc- which the Secretary shall provide rebates to cessional and large and old growth trees, 2012 ...... 9.73 eligible individuals or entities for the pur- late-successional and old growth forest 2013 ...... 9.19 chase and installation of photovoltaic sys- structure, and late-successional and old 2014 ...... 8.73 tems for residential and commercial prop- growth forest composition; 2015 ...... 8.33 erties in order to install, over the 10-year pe- ‘‘(ii) Federal land on which the removal of 2016 ...... 8.06 riod beginning on the date of enactment of vegetation is prohibited, including compo- 2017 ...... 7.82 this Act, at least an additional 10,000,000 nents of the National Wilderness Preserva- 2018 ...... 7.60 solar systems in the United States (as com- tion System; 2019 ...... 7.42 pared to the number of solar systems in- ‘‘(iii) a Wilderness Study Area; 2020 ...... 7.25 stalled in the United States as of the date of ‘‘(iv) an inventoried roadless area of Fed- 2021 ...... 7.01 enactment of this Act) with a cumulative ca- eral land; pacity of at least 30,000 megawatts. ‘‘(v) any part of the National Landscape (c) ELIGIBILITY.— SA 4840. Mr. SANDERS (for himself, Conservation System; or (1) IN GENERAL.—Subject to paragraph (2), Mr. MENENDEZ, and Mr. KERRY) sub- ‘‘(vi) a National Monument. to be eligible for a rebate under this sec- mitted an amendment intended to be ‘‘(3) DISTRIBUTED GENERATION FACILITY.— tion— proposed by him to the bill S. 3036, to The term ‘distributed generation facility’ (A) the recipient of the rebate shall be a means a facility at a customer site. direct the Administrator of the Envi- homeowner, business, nonprofit entity, or ‘‘(4) EXISTING RENEWABLE ENERGY.—The State or local government that purchased ronmental Protection Agency to estab- term ‘existing renewable energy’ means, ex- and installed a photovoltaic system for a lish a program to decrease emissions of cept as provided in paragraph (8)(B), electric property located in the United States; greenhouse gases, and for other pur- energy generated at a facility (including a (B) the total capacity of the photovoltaic poses; which was ordered to lie on the distributed generation facility) placed in system for the property shall not exceed 4 table; as follows: service prior to January 1, 2001, from solar, megawatts; At the end of title IX, add the following: wind, or geothermal energy, ocean energy, (C) the buildings on the property for which biomass, or landfill gas. the photovoltaic system is installed shall— Subtitle C—Renewable Energy Standard ‘‘(5) GEOTHERMAL ENERGY.—The term ‘geo- (i) in the case of a new or renovated build- SEC. 921. RENEWABLE PORTFOLIO STANDARD. thermal energy’ means energy derived from ing, achieve a rating of not less than 75 (a) IN GENERAL.—Title VI of the Public a geothermal deposit (within the meaning of under the Energy Star program established Utility Regulatory Policies Act of 1978 (16 section 613(e)(2) of the Internal Revenue Code by section 324A of the Energy Policy and U.S.C. 2601 et seq.) is amended by adding at of 1986). Conservation Act (42 U.S.C. 6294a) (or an the end the following: ‘‘(6) INCREMENTAL GEOTHERMAL PRODUC- equivalent rating under an established ‘‘SEC. 610. FEDERAL RENEWABLE PORTFOLIO TION.— benchmarking metric); and STANDARD. ‘‘(A) IN GENERAL.—The term ‘incremental (ii) in the case of any building not de- ‘‘(a) DEFINITIONS.—In this section: geothermal production’ means for any year scribed in clause (i), be retrofitted to achieve ‘‘(1) BASE AMOUNT OF ELECTRICITY.—The the excess of— a rating improvement of not less than 30 term ‘base amount of electricity’ means the ‘‘(i) the total kilowatt hours of electricity points under the Energy Star program (or an total amount of electricity sold by an elec- produced from a facility (including a distrib- equivalent improvement under an estab- tric utility to electric consumers in a cal- uted generation facility) using geothermal lished benchmarking metric); and endar year, excluding municipal waste and energy; over

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.081 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5108 CONGRESSIONAL RECORD — SENATE June 4, 2008 ‘‘(ii) the average annual kilowatt hours S0655 Minimum annual ‘‘(B) the greater of— produced at such facility for 5 of the pre- al‘‘Calendar year: percentage: ‘‘(i) 2 cents (adjusted for inflation under vious 7 calendar years before the date of en- 2016 ...... 12 subsection (h)); or actment of this section after eliminating the 2017 ...... 14 ‘‘(ii) 200 percent of the average market highest and the lowest kilowatt hour produc- 2018 ...... 16 value of renewable energy credits during the tion years in such 7-year period. 2019 ...... 18 year in which the violation occurred. 2020 ...... 20 ‘‘(B) SPECIAL RULE.—A facility described in ‘‘(3) MITIGATION OR WAIVER.— ‘‘(3) MEANS OF COMPLIANCE.—An electric subparagraph (A) that was placed in service ‘‘(A) IN GENERAL.—The Secretary may utility shall meet the requirements of this at least 7 years before the date of enactment mitigate or waive a civil penalty under this subsection by— of this section shall, commencing with the subsection if the electric utility is unable to ‘‘(A) submitting to the Secretary renew- year in which such date of enactment occurs, comply with subsection (b) for reasons out- able energy credits issued under subsection reduce the amount calculated under subpara- side of the reasonable control of the utility. (c); graph (A)(ii) each year, on a cumulative ‘‘(B) REDUCTION.—The Secretary shall re- ‘‘(B) making alternative compliance pay- basis, by the average percentage decrease in duce the amount of any penalty determined ments to the Secretary at the rate of 2 cents the annual kilowatt hour production for the under paragraph (2) by an amount paid by per kilowatt hour (as adjusted for inflation 7-year period described in subparagraph the electric utility to a State for failure to under subsection (h)); or (A)(ii) with such cumulative sum not to ex- comply with the requirement of a State re- ‘‘(C) conducting a combination of activi- ceed 30 percent. newable energy program if the State require- ties described in subparagraphs (A) and (B). ‘‘(7) INCREMENTAL HYDROPOWER.— ment is greater than the applicable require- ‘‘(c) RENEWABLE ENERGY CREDIT TRADING ‘‘(A) IN GENERAL.—The term ‘incremental PROGRAM.— ment of subsection (b). hydropower’ means additional energy gen- ‘‘(1) IN GENERAL.—Not later than July 1, ‘‘(4) PROCEDURE FOR ASSESSING PENALTY.— erated as a result of efficiency improvements 2009, the Secretary shall establish a renew- The Secretary shall assess a civil penalty or capacity additions made on or after Janu- able energy credit trading program under under this subsection in accordance with the ary 1, 2001, or the effective date of an exist- which each electric utility shall submit to procedures prescribed by section 333(d) of the ing applicable State renewable portfolio the Secretary renewable energy credits to Energy Policy and Conservation Act of 1954 standard program at a hydroelectric facility certify the compliance of the electric utility (42 U.S.C. 6303). that was placed in service before that date. with respect to obligations under subsection ‘‘(e) STATE RENEWABLE ENERGY ACCOUNT ‘‘(B) EXCLUSION.—The term ‘incremental (b). PROGRAM.— hydropower’ does not include additional en- ‘‘(2) ADMINISTRATION.—As part of the pro- ‘‘(1) IN GENERAL.—Not later than December ergy generated as a result of operational gram, the Secretary shall— 31, 2008, the Secretary of the Treasury shall changes not directly associated with effi- ‘‘(A) issue tradeable renewable energy establish a State renewable energy account ciency improvements or capacity additions. credits to generators of electric energy from in the Treasury. ‘‘(C) MEASUREMENT.—Efficiency improve- new renewable energy; ‘‘(2) DEPOSITS.— ments and capacity additions shall be meas- ‘‘(B) issue nontradeable renewable energy ‘‘(A) IN GENERAL.—All money collected by ured on the basis of the same water flow in- credits to generators of electric energy from the Secretary from alternative compliance formation used to determine a historic aver- existing renewable energy; payments and the assessment of civil pen- age annual generation baseline for the hy- ‘‘(C) issue renewable energy credits to elec- alties under this section shall be deposited droelectric facility and certified by the Sec- tric utilities associated with State renew- into the renewable energy account estab- retary or the Federal Energy Regulatory able portfolio standard compliance mecha- lished under paragraph (1). Commission. nisms pursuant to subsection (i); ‘‘(B) SEPARATE ACCOUNT.—The State renew- ‘‘(8) NEW RENEWABLE ENERGY.—The term ‘‘(D) ensure that a kilowatt hour, including able energy account shall be maintained as a ‘new renewable energy’ means— the associated renewable energy credit, shall separate account in the Treasury and shall ‘‘(A) electric energy generated at a facility be used only once for purposes of compliance not be transferred to the general fund of the (including a distributed generation facility) with this section; Treasury. placed in service on or after January 1, 2001, ‘‘(E) allow double credits for generation ‘‘(3) USE.—Proceeds deposited in the State from— from facilities on Indian land, and triple renewable energy account shall be used by ‘‘(i) solar, wind, or geothermal energy or credits for generation from small renewable the Secretary, subject to appropriations, for ocean energy; distributed generators (meaning those no a program to provide grants to the State ‘‘(ii) biomass; larger than 1 megawatt); and agency responsible for developing State en- ‘‘(iii) landfill gas; or ‘‘(F) ensure that, with respect to a pur- ergy conservation plans under section 362 of ‘‘(iv) incremental hydropower; and chaser that as of the date of enactment of the Energy Policy and Conservation Act (42 ‘‘(B) for electric energy generated at a fa- this section has a purchase agreement from U.S.C. 6322) for the purposes of promoting re- cility (including a distributed generation fa- a renewable energy facility placed in service newable energy production, including pro- cility) placed in service prior to the date of before that date, the credit associated with grams that promote technologies that reduce enactment of this section— the generation of renewable energy under the use of electricity at customer sites such ‘‘(i) the additional energy above the aver- the contract is issued to the purchaser of the as solar water heating. age generation during the 3-year period end- electric energy. ‘‘(4) ADMINISTRATION.—The Secretary may ing on the date of enactment of this section ‘‘(3) DURATION.—A credit described in sub- issue guidelines and criteria for grants at the facility from— paragraph (A) or (B) of paragraph (2) may awarded under this subsection. State energy ‘‘(I) solar or wind energy or ocean energy; only be used for compliance with this section offices receiving grants under this section ‘‘(II) biomass; during the 3-year period beginning on the shall maintain such records and evidence of ‘‘(III) landfill gas; or date of issuance of the credit. compliance as the Secretary may require. ‘‘(IV) incremental hydropower; and ‘‘(4) TRANSFERS.—An electric utility that ‘‘(5) PREFERENCE.—In allocating funds ‘‘(ii) incremental geothermal production. holds credits in excess of the quantity of under this program, the Secretary shall give ‘‘(9) OCEAN ENERGY.—The term ‘ocean en- credits needed to comply with subsection (b) preference— ergy’ includes current, wave, tidal, and ther- may transfer the credits to another electric ‘‘(A) to States in regions which have a dis- mal energy. utility in the same utility holding company proportionately small share of economically ‘‘(b) RENEWABLE ENERGY REQUIREMENT.— system. sustainable renewable energy generation ca- ‘‘(1) IN GENERAL.—Each electric utility ‘‘(5) DELEGATION OF MARKET FUNCTION.— pacity; and that sells electricity to electric consumers The Secretary may delegate to an appro- ‘‘(B) to State programs to stimulate or en- shall obtain a percentage of the base amount priate entity that establishes markets the hance innovative renewable energy tech- of electricity the electric utility sells to administration of a national tradeable re- nologies. electric consumers in any calendar year newable energy credit market for purposes of ‘‘(f) RULES.—The Secretary shall issue from new renewable energy or existing re- creating a transparent national market for newable energy. rules implementing this section not later the sale or trade of renewable energy credits. than 1 year after the date of enactment of ‘‘(2) MINIMUM ANNUAL PERCENTAGE.—The ‘‘(d) ENFORCEMENT.— this section. percentage obtained in a calendar year shall ‘‘(1) CIVIL PENALTIES.—Any electric utility not be less than the amount specified in the that fails to meet the compliance require- ‘‘(g) EXEMPTIONS.—This section shall not following table: ments of subsection (b) shall be subject to a apply in any calendar year to an electric Minimum annual civil penalty. utility— ‘‘Calendar year: percentage: ‘‘(2) AMOUNT OF PENALTY.—Subject to para- ‘‘(1) that sold less than 4,000,000 megawatt- 2010 ...... 1 graph (3), the amount of the civil penalty hours of electric energy to electric con- 2011 ...... 2 shall be equal to the product obtained by sumers during the preceding calendar year; 2012 ...... 4 multiplying— or 2013 ...... 6 ‘‘(A) the number of kilowatt-hours of elec- ‘‘(2) in Hawaii. 2014 ...... 8 tric energy sold to electric consumers in vio- ‘‘(h) INFLATION ADJUSTMENT.—Not later 2015 ...... 10 lation of subsection (b); by than December 31, 2008, and December 31 of

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.082 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5109 each year thereafter, the Secretary shall ad- At the end of subtitle D of title VIII, add was ordered to lie on the table; as fol- just for United States dollar inflation (as the following: lows: measured by the Consumer Price Index)— SEC. 833. GRANTS FOR DEVELOPMENT OR CON- On page 64, strike lines 6 through 12 and in- ‘‘(1) the price of a renewable energy credit STRUCTION OF CONCENTRATING sert the following: SOLAR POWER PLANTS. under subsection (c)(2); and (c) LEGAL STATUS.— (a) GOAL.—It is the goal of this section to ‘‘(2) the amount of the civil penalty per (1) IN GENERAL.—An emission allowance kilowatt-hour under subsection (d)(2). add, over the 10-year period beginning on the shall constitute a property right. date of enactment of this Act, at least an ad- ‘‘(i) STATE PROGRAMS.— (2) COMPENSATION.—The Administrator ‘‘(1) IN GENERAL.—Nothing in this section ditional 200,000 megawatts of renewable elec- shall provide to the holder of an emission al- diminishes any authority of a State or polit- tric power from concentrating solar power lowance just compensation for the termi- ical subdivision of a State to adopt or en- plants. nation or limitation of the emission allow- RANTS.—The Secretary of Energy, in force any law or regulation respecting re- (b) G ance. newable energy, but, except as provided in consultation with the Administrator, shall subsection (d)(3), no such law or regulation establish a program under which the Sec- SA 4844. Mr. MENENDEZ (for himself retary shall provide grants to eligible enti- shall relieve any person of any requirement and Mr. KERRY) submitted an amend- ties to pay the Federal share of the cost of otherwise applicable under this section. ment intended to be proposed by him ‘‘(2) COORDINATION.—The Secretary, in con- developing or constructing concentrating sultation with States having such renewable solar power plants. to the bill S. 3036, to direct the Admin- energy programs, shall, to the maximum ex- (c) FEDERAL SHARE.—The Federal share of istrator of the Environmental Protec- tent practicable, facilitate coordination be- a grant under this section shall be 12.5 per- tion Agency to establish a program to tween the Federal program and State pro- cent of the cost of developing or con- decrease emissions of greenhouse gases, grams. structing a concentrating solar power plant. and for other purposes; which was or- ‘‘(3) REGULATIONS.— (d) RELATIONSHIP TO OTHER LAW.—The au- dered to lie on the table; as follows: thority provided under this section shall be ‘‘(A) IN GENERAL.—The Secretary, in con- At the end of title XVI, add the following: sultation with States, shall promulgate reg- in addition to any other authority under which credits or other types of financial as- SEC. 16ll. REPORT ON THE ECONOMIC IMPACTS ulations to ensure that an electric utility OF CLIMATE CHANGE. sistance are provided for the development or subject to the requirements of this section (a) IN GENERAL.—Not later than 1 year construction of a concentrating solar power that is also subject to a State renewable en- after the date of enactment of this Act, the plant. ergy standard receives renewable energy Administrator shall enter into an arrange- (e) ALLOCATION.— credits in relation to equivalent quantities ment with the National Academy of Sciences (1) IN GENERAL.—Notwithstanding section of renewable energy associated with compli- (referred to in this section as the ‘‘Acad- 551, not later than 330 days before the begin- ance mechanisms, other than the generation emy’’), under which the Academy shall, not ning of each of calendar years 2012 through or purchase of renewable energy by the elec- later than January 1, 2011, and every 5 years 2021, of the quantity of emission allowances tric utility, including the acquisition of cer- thereafter, submit to the Administrator and established pursuant to section 201(a) that tificates or credits and the payment of taxes, make available to the public a report that are made available under section 551 for each fees, surcharges, or other financial compli- assesses the costs of climate change on the of those calendar years, the Administrator ance mechanisms by the electric utility or a United States economy, including the costs shall allocate a percentage to provide grants customer of the electric utility, directly as- associated with hurricanes and other storms, under this section. sociated with the generation or purchase of drought, hunger, water shortages, and coast- (2) QUANTITIES OF EMISSION ALLOWANCES AL- renewable energy. al flooding. LOCATED.—The quantities of emission allow- ‘‘(B) PROHIBITION ON DOUBLE COUNTING.— (b) INITIAL REPORT.— ances allocated pursuant to paragraph (1) The regulations promulgated under this (1) REQUIREMENTS.—The initial report re- paragraph shall ensure that a kilowatt hour shall be the quantities represented by the quired under subsection (a) shall— associated with a renewable energy credit percentages in the following table: (A) include an analysis of the economic, so- issued pursuant to this subsection shall not cial, and environmental consequences of cli- be used for compliance with this section Percentage for mate change in the United States if action is more than once. Calendar year grants for con- not taken to reduce global greenhouse gas ‘‘(j) RECOVERY OF COSTS.— centrating solar emissions; power plants ‘‘(1) IN GENERAL.—The Commission shall (B) take into account the risks of increased issue and enforce such regulations as are climate volatility and major irreversible im- necessary to ensure that an electric utility 2012 ...... 9.7 2013 ...... 9.2 pacts of climate change; recovers all prudently incurred costs associ- (C) be organized by region of the United ated with compliance with this section. 2014 ...... 8.7 2015 ...... 8.3 States; ‘‘(2) APPLICABLE LAW.—A regulation under (D) identify— paragraph (1) shall be enforceable in accord- 2016 ...... 8.1 2017 ...... 7.8 (i) the key economic and environmental ef- ance with the provisions of law applicable to fects from climate change; and enforcement of regulations under the Fed- 2018 ...... 7.6 2019 ...... 7.4 (ii) the main impacts to be expected from eral Power Act (16 U.S.C. 791a et seq.). climate change, including impacts on— ‘‘(k) WIND ENERGY DEVELOPMENT STUDY.— 2020 ...... 7.3 2021 ...... 7.0. (I) agriculture and forestry; The Secretary, in consultation with appro- (II) the food supply; priate Federal and State agencies, shall con- (III) energy; duct, and submit to Congress a report de- SA 4842. Mr. ALLARD submitted an (IV) transportation; scribing the results of, a study on methods amendment intended to be proposed by (V) fisheries; to increase transmission line capacity for (VI) coastal impacts and habitability; wind energy development. him to the bill S. 3036, to direct the Ad- ministrator of the Environmental Pro- (VII) recreation and tourism; ‘‘(l) SUNSET.—This section expires on De- (VIII) public health; cember 31, 2040.’’. tection Agency to establish a program (IX) water quantity and quality; (b) TABLE OF CONTENTS AMENDMENT.—The to decrease emissions of greenhouse (X) low-income consumers; and table of contents of the Public Utility Regu- gases, and for other purposes; which (XI) ecosystems, such as forests, rivers, latory Policies Act of 1978 (16 U.S.C. prec. was ordered to lie on the table; as fol- and lakes; 2601) is amended by adding at the end of the lows: (E) include estimates of costs of the main items relating to title VI the following: Beginning on page 291, strike line 24 and impacts of climate change identified under ‘‘Sec. 609. Rural and remote communities all that follows through page 292, line 16. subparagraph (D)(ii); electrification grants. On page 301, line 12, strike ‘‘(a) IN GEN- (F) express in monetary terms the cost of ‘‘Sec. 610. Federal renewable portfolio stand- ERAL.—’’. climate change on each sector of the econ- ard.’’. On page 302, strike lines 6 through 22. omy on a regional basis and to the United Beginning on page 306, strike line 17 and States as a whole; SA 4841. Mr. SANDERS (for himself all that follows through page 307, line 9. (G) make predictions for the economic cost and Mr. KERRY) submitted an amend- of climate change in the United States for ment intended to be proposed by him SA 4843. Mr. ALLARD submitted an each decade beginning in 2020 and ending in to the bill S. 3036, to direct the Admin- amendment intended to be proposed by 2100; and istrator of the Environmental Protec- him to the bill S. 3036, to direct the Ad- (H) reference the latest information avail- able from— tion Agency to establish a program to ministrator of the Environmental Pro- (i) the U.S. Global Change Research Pro- decrease emissions of greenhouse gases, tection Agency to establish a program gram; and and for other purposes; which was or- to decrease emissions of greenhouse (ii) the Intergovernmental Panel on Cli- dered to lie on the table; as follows: gases, and for other purposes; which mate Change.

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(2) LIMITATION.—The initial report shall ment intended to be proposed by him Per- not take into account any possible adapta- to the bill S. 3036, to direct the Admin- cent- tions to the effects of climate change, in- istrator of the Environmental Protec- age for cluding the construction of levies or other dis- infrastructure adjustments. tion Agency to establish a program to tribu- (c) SUBSEQUENT REPORTS.—In addition to decrease emissions of greenhouse gases, tion including the components required under and for other purposes; which was or- among subsection (b)(1), any report submitted after fossil dered to lie on the table; as follows: Calendar year fuel- the date of the initial report shall include an Strike the table that appears on page 193, fired estimate of the savings to the United States before line 1, and insert the following: elec- economy achieved due to any reduced cli- tricity mate change impacts associated with reduc- gen- tions in greenhouse gas emissions since the Percentage for era- submission of the previous report. distribution tors in among fossil United Calendar year fuel-fired elec- States SA 4845. Mr. MENENDEZ (for him- tricity genera- self, Mr. LAUTENBERG, and Mr. SAND- tors in United 2014 ...... 14 .5 ERS) submitted an amendment in- States 2015 ...... 12 .75 tended to be proposed by him to the 2012 ...... 16.5 2016 ...... 11 bill S. 3036, to direct the Administrator 2017 ...... 9 .25 of the Environmental Protection Agen- 2013 ...... 16.5 2014 ...... 16.5 2018 ...... 7 .5 cy to establish a program to decrease 2015 ...... 16.5 2019 ...... 5 .75 emissions of greenhouse gases, and for 2016 ...... 16.25 2020 ...... 4 other purposes; which was ordered to 2017 ...... 16 2021 ...... 2 .25 lie on the table; as follows: 2018 ...... 15.75 2022 ...... 0 .5 Beginning on page 196, strike line 15 and 2019 ...... 14.75 all that follows through page 198, line 16. 2020 ...... 13.5 In section 552(a), strike‘‘2030’’ and insert At the end of section 614(d)(1), add the fol- 2021 ...... 12 ‘‘2022’’. lowing: 2022 ...... 9.75 At the end of section 614(d)(1), add the fol- (W) To promote the development of renew- 2023 ...... 8.75 lowing: able-energy sources, as defined in section 2024 ...... 7.5 (W) To promote the development of renew- 832(a). 2025 ...... 7.25 able-energy sources, as defined in section At the end of section 614, add the fol- 2026 ...... 4.25 832(a). lowing: 2027 ...... 3 (X) To provide funding to pay the costs of (e) ADDITIONAL ALLOCATION.— 2028 ...... 2.75 (1) IN GENERAL.—In addition to the alloca- training for climate change adjustment as- 2029 ...... 1.5 sistance-eligible individuals under section tion made under subsection (a), not later 2030 ...... 1.25. than 330 days before the beginning of each of 535(h). calendar years 2012 through 2030, the Admin- At the end of section 614, add the fol- istrator shall allocate a percentage of the On page 426, strike lines 14 through 16 and lowing: quantity of emission allowances established insert the following: (e) ADDITIONAL ALLOCATION.— pursuant to section 201(a) that are made section— (1) IN GENERAL.—In addition to the alloca- available for that calendar year for distribu- (1) for each of calendar years 2012 through tion made under subsection (a), not later tion to reduce greenhouse gas emissions and 2030, 2.5 percent of the aggregate quantity of than 330 days before the beginning of each of promote renewable electricity generation in emission allowances established for the ap- calendar years 2012 through 2030, the Admin- accordance with this subsection. plicable calendar year pursuant to section istrator shall allocate a percentage of the (2) QUANTITIES OF EMISSION ALLOWANCES AL- 201(a); and quantity of emission allowances established LOCATED.—The quantities of emission allow- (2) for each of calendar years 2031 through pursuant to section 201(a) that are made ances allocated pursuant to paragraph (1) 2050, 1 percent of the aggregate quantity of available for that calendar year for distribu- shall be the quantities represented by the emission allowances established for the ap- tion to reduce greenhouse gas emissions, pro- percentages in the following table: plicable calendar year pursuant to section mote renewable electricity generation, assist 201(a). low-income consumers, train workers, and improve energy efficiency in accordance Percentage SA 4847. Mr. MENENDEZ (for him- Calendar year for additional with this subsection. allocation self, Mr. LAUTENBERG, and Mr. SAND- (2) QUANTITIES OF EMISSION ALLOWANCES AL- ERS) submitted an amendment in- LOCATED.—The quantities of emission allow- 2012 ...... 2 tended to be proposed by him to the ances allocated pursuant to paragraph (1) 2013 ...... 2 bill S. 3036, to direct the Administrator shall be the quantities represented by the 2014 ...... 2 of the Environmental Protection Agen- percentages in the following table: 2015 ...... 2 cy to establish a program to decrease 2016 ...... 2 emissions of greenhouse gases, and for Per- 2017 ...... 2 cent- 2018 ...... 1 other purposes; which was ordered to age 2019 ...... 1 lie on the table; as follows: for 2020 ...... 1 In section 551(a), strike‘‘2030’’ and insert Calendar year addi- 2021 ...... 1 ‘‘2022’’. tion- In section 551(b), strike the table and in- al al- 2022 ...... 1 loca- 2023 ...... 1 sert the following: tion 2024 ...... 1 2025 ...... 1 Per- 2012 ...... 0 2026 ...... 1 cent- 2013 ...... 1 .75 2027 ...... 1 age for 2014 ...... 3 .5 2028 ...... 1 dis- 2015 ...... 5 .25 2029 ...... 1 tribu- 2016 ...... 6.75 2030 ...... 1 tion among 2017 ...... 8 .25 fossil 2018 ...... 9 .75 (3) USE.—During any calendar year, of the Calendar year fuel- 2019 ...... 10 .5 total quantity of allowances allocated to a fired 2020 ...... 11 State under this section, a State shall use at elec- 2021 ...... 11 .25 least 25 percent to promote renewable elec- tricity 2022 ...... 10 .75 tricity generation under subsection (d)(1)(W). gen- 2023 ...... 10 .25 era- In section 832(b), strike ‘‘start-up, expan- tors in 2024 ...... 9 sion, and operation of the facilities’’ and in- United 2025 ...... 8 .75 sert ‘‘start-up or expansion of the facilities’’. States 2026 ...... 5 .75 2027 ...... 4 .5 SA 4846. Mr. MENENDEZ (for himself 2012 ...... 18 2028 ...... 4 .25 and Mr. KERRY) submitted an amend- 2013 ...... 16.25 2029 ...... 3

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Per- (E) 1 shall be jointly appointed by the (i) domestic production and consumption cent- Chairperson and Ranking Member of the of energy from all sources and imported age Committee on Energy and Natural Resources sources of energy, particularly oil and nat- for of the Senate; ural gas; Calendar year addi- (F) 1 shall be jointly appointed by the (ii) domestic and international oil and gas tion- Chairperson and Ranking Member of the exploration, production, refining, and pipe- al al- Committee on Energy and Commerce of the lines and other forms of infrastructure and loca- tion House of Representatives; transportation; (G) 1 shall be jointly appointed by the (iii) energy markets, including energy 2030 ...... 2 .75 Chairperson and Ranking Member of the market speculation, transparency, and over- Committee on Commerce, Science, and sight; Transportation of the Senate; (iv) the structure of the energy industry, (3) USE.—During any calendar year, of the (H) 1 shall be jointly appointed by the including the impacts of consolidation, anti- total quantity of allowances allocated to a Chairpersons and Ranking Members of the trust, and oligopolistic concerns, market State under this section, a State shall use— Committees on Science and Technology and manipulation and collusion concerns, and (A) at least 20 percent to promote renew- Transportation and Infrastructure of the other similar matters; able electricity generation under subsection House of Representatives; (v) electricity production and transmission (d)(1)(W); (I) 1 shall be jointly appointed by the issues, including fossil fuels, renewable en- (B) at least 10 percent to promote energy Chairperson and Ranking Member of the ergy, energy efficiency, and energy conserva- efficiency under subsection (d)(1)(B); Committee on Agriculture, Nutrition, and tion matters; (C) at least 15 percent to train workers Forestry of the Senate; (vi) transportation fuels, biofuels and other under subsection (d)(1)(X); and (J) 1 shall be jointly appointed by the renewable fuels, fuel cells, motor vehicle (D) at least 5 percent to mitigate impacts Chairperson and Ranking Member of the power systems, efficiency, and conservation; on low-income energy consumers under sub- Committee on Agriculture of the House of and section (d)(1)(A). In section 832(b), strike ‘‘start-up, expan- Representatives; (vii) nuclear energy, including matters re- sion, and operation of the facilities’’ and in- (K) 1 shall be jointly appointed by the lating to permitting, regulation, and legal li- sert ‘‘start-up or expansion of the facilities’’. Chairperson and Ranking Member of the ability; Committee on Finance of the Senate; and (B) examine relevant data relating to glob- SA 4848. Mr. NELSON of Nebraska (L) 1 shall be jointly appointed by the al climate change and the national and glob- submitted an amendment intended to Chairperson and Ranking Member of the al environment, including— be proposed by him to the bill S. 3036, Committee on Ways and Means of the House (i) the impacts on the global climate sys- of Representatives. tem and the environment of human activi- to direct the Administrator of the En- (2) QUALIFICATIONS.— ties, particularly greenhouse gas emissions vironmental Protection Agency to es- (A) POLITICAL PARTY AFFILIATION.—An ap- and pollution; and tablish a program to decrease emis- pointment of a member of the Commission (ii) the consequences of global climate sions of greenhouse gases, and for other under paragraph (1) shall be made— change on humans and other species, par- purposes; which was ordered to lie on (i) without regard to the political party af- ticularly consequences to the national secu- the table; as follows: filiation of the member; and rity, economy, and public health and safety At the appropriate place, insert the fol- (ii) on a nonpartisan basis. of the United States; lowing: (B) NONGOVERNMENTAL APPOINTEES.—A (C) identify, review, and evaluate the les- SEC. lll. NATIONAL COMMISSION ON ENERGY member appointed to the Commission under sons of past energy policies, energy crises, POLICY AND GLOBAL CLIMATE paragraph (1) shall not be an officer or em- environmental problems, and attempts to ad- CHANGE. ployee of— dress global climate change; (a) ESTABLISHMENT.—There is established a (i) the Federal Government; or (D) evaluate proposals for energy and glob- commission, to be known as the ‘‘National (ii) any unit of State or local government. al climate change policies, including pro- Commission on Energy Policy and Global (C) SENSE OF CONGRESS REGARDING OTHER posals developed by Members of Congress, Climate Change’’ (referred to in this section QUALIFICATIONS.—It is the sense of Congress congressional Committees, relevant Federal, as the ‘‘Commission’’). that members appointed to the Commission regional, and State government agencies, (b) PURPOSES.—The purposes of the Com- under paragraph (1) should be prominent, na- nongovernmental organizations, independent mission are— tionally recognized United States citizens, organizations, and international organiza- (1) to examine all aspects of the national with a significant depth of experience in pro- tions, with the goal of expanding those pro- energy situation and related policies in order fessions such as governmental service, posals to develop a blueprint for comprehen- to develop a comprehensive, economy-wide science, energy, economics, the environ- sive energy and global climate change legis- policy approach to energy issues; ment, agriculture, manufacturing, public ad- lation; and (2) to examine relevant data relating to ministration, and commerce (including avia- (E) submit to Congress and the President global climate change, including impacts of tion matters). the reports required under subsection (h). human activities; and (3) DEADLINE FOR APPOINTMENTS.—All (2) RELATIONSHIP TO EFFORTS OF CON- (3) to report to Congress and the President members of the Commission shall be ap- GRESS.—The Commission shall— the findings, conclusions, and recommenda- pointed by not later than 90 days after the (A) review the information compiled by, tions of the Commission for legislation to es- date of enactment of this Act. and the findings, conclusions, and rec- tablish a comprehensive national energy pol- (4) MEETINGS.— ommendations of, congressional Committees icy that ensures national energy security (A) INITIAL MEETING.—The Commission of relevant jurisdiction; and and significantly reduces greenhouse gas shall hold the initial meeting of the Commis- (B) based on the results of the review, pur- emissions in order to address global climate sion as soon as practicable, and not later sue any appropriate inquiry that the Com- change without damaging the economy. than 60 days, after the date on which all mission determines to be necessary to carry (c) COMPOSITION.— members of the Commission are appointed. out the duties of the Commission under para- (1) MEMBERSHIP.—The Commission shall be (B) SUBSEQUENT MEETINGS.—After the ini- graph (1). composed of 12 members, of whom— tial meeting under subparagraph (A), the (e) POWERS.— (A) 1 shall be jointly appointed by the Ma- Commission shall meet at the call of— (1) IN GENERAL.— jority Leader of the Senate and the Speaker (i) the Chairperson; or (A) RULES.—The Commission may estab- of the House of Representatives, who shall (ii) a majority of the members of the Com- lish such rules relating to administrative serve as Chairperson of the Commission; mission. procedures as are reasonably necessary to (B) 1 shall be jointly appointed by the Mi- (5) QUORUM.—7 members of the Commission enable the Commission to carry out this sec- nority Leader of the Senate and the Minor- shall constitute a quorum. tion. ity Leader of the House of Representatives, (6) VACANCIES.—A vacancy on the Commis- (B) HEARINGS AND EVIDENCE.— who shall serve as Vice-Chairperson of the sion— (i) IN GENERAL.—The Commission or any Commission; (A) shall not affect the powers of the Com- subcommittee or member of the Commission (C) 1 shall be jointly appointed by the mission; and may, for the purpose of carrying out this sec- Chairperson and Ranking Member of the (B) shall be filled in the same manner in tion— Committee on Environment and Public which the original appointment was made. (I) hold such hearings and sit and act at Works of the Senate; (d) DUTIES.— such times and places, take such testimony, (D) 1 shall be jointly appointed by the (1) IN GENERAL.—The Commission shall— receive such evidence, and administer such Chairperson and Ranking Member of the (A) study and evaluate relevant data, stud- oaths as the Commission determines to be Committee on Natural Resources of the ies, and proposals relating to national en- appropriate; and House of Representatives, in consultation ergy policies and policies to address global (II) subject to paragraph (2)(A), require, by with the Select Committee on Energy Inde- climate change, including any relevant legis- subpoena or otherwise, the attendance and pendence and Global Warming of the House lation, Executive order, regulation, plan, testimony of such witnesses and the produc- of Representatives; policy, practice, or procedure relating to— tion of such books, records, correspondence,

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.084 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5112 CONGRESSIONAL RECORD — SENATE June 4, 2008 memoranda, papers, and documents, as the services to assist the Commission in car- employees under section 2105 of title 5, Commission determines to be necessary. rying out the duties of the Commission United States Code, for purposes of chapters (ii) PUBLIC REQUIREMENT.—In accordance under this section. 63, 81, 83, 84, 85, 87, 89, and 90 of that title. with applicable laws (including regulations) (B) OTHER DEPARTMENTS AND AGENCIES.—In (E) CONSULTANT SERVICES.—The Commis- and Executive orders regarding protection of addition to the assistance described in sub- sion may procure the services of experts and information acquired by the Commission, paragraph (A), any other Federal department consultants in accordance with section 3109 the Commission shall ensure that, to the or agency may provide to the Commission of title 5, United States Code, at rates not to maximum extent practicable— such services, funds, facilities, staff, and exceed the daily rate paid to an individual (I) all hearings of the Commission are open other support as the head of the department occupying a position at level IV of the Exec- to the public, including by— or agency determines to be appropriate. utive Schedule under section 5315 of title 5, (aa) providing live and recorded public ac- (6) POSTAL SERVICES.—The Commission United States Code. cess to hearings on the Internet; and may use the United States mails in the same (g) NONAPPLICABILITY OF FACA.—The Fed- (bb) publishing all transcripts and records manner and under the same conditions as eral Advisory Committee Act (5 U.S.C. App.) of hearings at such time and in such manner other agencies of the Federal Government. shall not apply to the Commission. as is agreed to by the majority of members (7) GIFTS.—The Commission may accept, (h) REPORTS.— of the Commission; and use, and dispose of gifts or donations of serv- (1) INTERIM REPORTS.—Not later than June (II) all findings and reports of the Commis- ices or property only in accordance with the 1, 2009, and thereafter as the Commission de- sion are made public. ethical rules applicable to congressional offi- termines to be appropriate, the Commission (2) SUBPOENAS.— cers and employees. shall submit to Congress and the President (A) ISSUANCE.— (8) VOLUNTEER SERVICES.— an interim report describing the findings and (i) IN GENERAL.—A subpoena may be issued (A) IN GENERAL.—Notwithstanding section recommendations agreed to by a majority of under this subsection only— 1342 of title 31, United States Code, the Com- members of the Commission during the pe- (I) on agreement of the Chairperson and mission may accept and use the services of riod beginning on the date on which, as ap- Vice-Chairperson of the Commission; or volunteers serving without compensation. plicable— (II) on the affirmative vote of at least 6 (B) REIMBURSEMENT.—The Commission (A) all members of the Commission are ap- members of the Commission. may reimburse a volunteer for office sup- pointed under subsection (c); or (ii) SIGNATURE.—Subject to clause (i), a plies, local travel expenses, and other travel (B) the most recent interim report was subpoena issued under this paragraph may expenses, including per diem in lieu of sub- submitted under this paragraph. be— sistence, in accordance with section 5703 of (2) FINAL REPORT.—Not later than 18 (I) issued under the signature of the Chair- title 5, United States Code. months after the date on which all members person of the Commission (or a designee who (C) TREATMENT.—A volunteer of the Com- of the Commission are appointed under sub- is a member of the Commission); and mission shall be considered to be an em- section (c), the Commission shall submit to (II) served by any individual or entity des- ployee of the Federal Government in car- Congress and the President a final report es- ignated by the Chairperson or designee. rying out activities for the Commission, for tablishing a plan for development of legisla- (B) ENFORCEMENT.— purposes of— tion for a comprehensive national policy re- (i) IN GENERAL.—In the case of contumacy (i) chapter 81 of title 5, United States Code; lating to energy security that— or failure to obey a subpoena issued under (ii) chapter 11 of title 18, United States subparagraph (A), the United States district Code; and (A) addresses global climate change; and court for the judicial district in which the (iii) chapter 171 of title 28, United States (B) describes the findings and rec- subpoenaed individual or entity resides, is Code. ommendations agreed to by a majority of served, or may be found, or to which the sub- (f) COMMISSION PERSONNEL MATTERS.— members of the Commission. poena is returnable, may issue an order re- (1) COMPENSATION OF MEMBERS.—A member (i) AUTHORIZATION OF APPROPRIATIONS.— quiring the individual or entity to appear at of the Commission shall be compensated at a There are authorized to be appropriated to a designated place to testify or to produce rate equal to the daily equivalent of the an- the Commission such sums as are necessary documentary or other evidence. nual rate of basic pay prescribed for level IV to carry out this section, to remain available (ii) FAILURE TO OBEY.— of the Executive Schedule under section 5315 until the later of— (I) IN GENERAL.—A failure to obey the order of title 5, United States Code, for each day (1) the date on which the funds are ex- of a United States district court under (including travel time) during which the pended; or clause (i) may be punished by the United member is engaged in the performance of the (2) the date of termination of the Commis- States district court as a contempt of the duties of the Commission. sion under subsection (j). court. (2) TRAVEL EXPENSES.—A member of the (j) TERMINATION.— (II) ENFORCEMENT BY COMMISSION.—In the Commission shall be allowed travel expenses, (1) IN GENERAL.—The Commission shall ter- case of failure of a witness to comply with a including per diem in lieu of subsistence, at minate on the date that is 60 days after the subpoena, or to testify if summoned pursu- rates authorized for an employee of an agen- date on which the final report is submitted ant to this paragraph— cy under subchapter I of chapter 57 of title 5, under subsection (h)(2). (aa) the Commission, by majority vote, United States Code, while away from the (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- may certify to the appropriate United States home or regular place of business of the MINATION.—During the 60-day period de- Attorney a statement of fact regarding the member in the performance of the duties of scribed in paragraph (1), the Commission failure; and the Commission. may conclude the activities of the Commis- (bb) the United States Attorney may bring (3) STAFF.— sion, including— the matter before the grand jury for action (A) IN GENERAL.—The Chairperson of the (A) providing testimony to appropriate in accordance with sections 102 through 104 Commission may, without regard to the civil committees of Congress regarding the re- of the Revised Statutes (2 U.S.C. 192 et seq.). service laws (including regulations), appoint ports of the Commission; and (3) CONTRACTING.—To the extent amounts and terminate an executive director and (B) publishing the final report of the Com- are made available in appropriations Acts, such other additional personnel as are nec- mission. the Commission may enter into contracts to essary to enable the Commission to perform assist the Commission in carrying out the the duties of the Commission. SA 4849. Mr. BAUCUS submitted an duties of the Commission under this section. (B) CONFIRMATION OF EXECUTIVE DIREC- amendment intended to be proposed by (4) INFORMATION FROM FEDERAL AGENCIES.— TOR.—The employment of an executive direc- him to the bill S. 3036, to direct the Ad- (A) IN GENERAL.—The Commission may se- tor shall be subject to confirmation by the ministrator of the Environmental Pro- cure directly from a Federal agency such in- Commission. tection Agency to establish a program formation as the Commission considers to be (C) COMPENSATION.— necessary to carry out this section. (i) IN GENERAL.—Except as provided in to decrease emissions of greenhouse (B) PROVISION OF INFORMATION.—On request clause (ii), the Chairperson of the Commis- gases, and for other purposes; which of the Chairperson of the Commission, the sion may fix the compensation of the execu- was ordered to lie on the table; as fol- head of the agency shall provide the informa- tive director and other personnel without re- lows: tion to the Commission. gard to the provisions of chapter 51 and sub- At the end of title XVII, add the following: (C) TREATMENT.—Information provided to chapter III of chapter 53 of title 5, United the Commission under this paragraph shall States Code, relating to classification of po- Subtitle H—Committees of Appropriate be received, handled, stored, and dissemi- sitions and General Schedule pay rates. Jurisdiction nated by members and staff of the Commis- (ii) MAXIMUM RATE OF PAY.—The rate of SEC. 1771. COMMITTEES OF APPROPRIATE JURIS- sion in accordance with applicable law (in- pay for the executive director and other per- DICTION. cluding regulations) and Executive orders. sonnel shall not exceed the rate payable for No revenue or outlays may be disbursed (5) ASSISTANCE FROM FEDERAL AGENCIES.— level V of the Executive Schedule under sec- from any fund established in the Treasury of (A) GENERAL SERVICES ADMINISTRATION.— tion 5316 of title 5, United States Code. the United States by this Act, except pursu- The Administrator of General Services shall (D) STATUS.—The executive director and ant to legislation reported by the congres- provide to the Commission, on a reimburs- any employee (not including any member) of sional Committees of appropriate jurisdic- able basis, administrative support and other the Commission shall be considered to be tion and subsequently enacted by Congress.

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(1) IN GENERAL.—Not later than 330 days him to the bill S. 3036, to direct the Ad- (b) USE OF PROCEEDS.—The Administrator before the beginning of each of calendar shall deposit all proceeds of auctions con- ministrator of the Environmental Pro- years 2012 through 2050, the Administrator ducted pursuant to subsection (a) in the Tax shall auction a percentage of the quantity of tection Agency to establish a program Relief Fund for use in accordance with sec- emission allowances established pursuant to to decrease emissions of greenhouse tion 584. section 201(a) for the applicable calendar gases, and for other purposes; which On page 217, strike lines 8 through 16 and year, in accordance with paragraph (2). was ordered to lie on the table; as fol- insert the following: (2) PERCENTAGES FOR AUCTION.—For each of lows: (1) IN GENERAL.—Not later than 330 days calendar years 2012 through 2050, the Admin- before the beginning of each of calendar On page 31, between lines 9 and 10, insert istrator shall auction in accordance with years 2012 through 2050, the Administrator the following: paragraph (1) the percentage of emission al- shall auction a percentage of the quantity of (50) TAX RELIEF FUND.—The term ‘‘Tax Re- lowances specified in the following table: emission allowances established pursuant to lief Fund’’ means the fund established by In the heading of the right column of the section 201(a) for the applicable calendar section 581. table contained on page 241, after line 21, year, in accordance with the table contained On page 31, line 10, strike ‘‘(50)’’ and insert strike ‘‘State leaders in reducing greenhouse in paragraph (2). ‘‘(51)’’. gas emissions and improving energy effi- On page 217, line 19, strike ‘‘allocate to On page 31, line 14, strike ‘‘(51)’’ and insert ciency’’ and insert ‘‘auction’’. States described in’’ and insert ‘‘auction ‘‘(52)’’. Beginning on page 242, strike line 1 and all under’’. On page 161, strike lines 9 through 12. that follows through page 249, line 9, and in- In the heading of the right column of the On page 161, lines 15 and 16, strike ‘‘Cli- sert the following: table contained on page 217, after line 21, mate Change Worker Training and Assist- (b) USE OF PROCEEDS.—The Administrator strike ‘‘allocation among States relying ance’’ and insert ‘‘Tax Relief Fund’’. shall deposit all proceeds of auctions con- heavily on manufacturing and on coal’’ and On page 161, lines 23 and 24, strike ‘‘Cli- ducted pursuant to this section, immediately insert ‘‘auction’’. mate Change Worker Training and Assist- on receipt of those proceeds, in the Tax Re- Beginning on page 218, strike line 1 and all ance’’ and insert ‘‘Tax Relief Fund’’. lief Fund, for use in accordance with section that follows through page 222, line 4, and in- In the heading of the right column of the 584. sert the following: table contained on page 162, after line 17, On page 249, strike lines 13 through 24 and (b) USE OF PROCEEDS.—The Administrator strike ‘‘Climate Change Worker Training and insert the following: shall deposit all proceeds of auctions con- SEC. 621. AUCTIONS. Assistance’’ and insert ‘‘Tax Relief Fund’’. ducted pursuant to subsection (a) in the Tax On page 163, lines 4 and 5, strike ‘‘Climate (a) IN GENERAL.—Not later than 330 days Relief Fund, for use in accordance with sec- Change Worker Training and Assistance’’ before the beginning of each of calendar tion 584. and insert ‘‘Tax Relief Fund’’. years 2012 through 2050, the Administrator Beginning on page 163, strike line 6 and all Beginning on page 222, strike line 8 and all shall auction a percentage of the quantity of that follows through page 183, line 3. that follows through page 223, line 11, and in- emission allowances established pursuant to On page 201, strike lines 20 through 23 and sert the following: section 201(a) for the applicable calendar insert the following: SEC. 611. AUCTIONS FOR TAX RELIEF. year, in accordance with subsection (b). SEC. 581. ESTABLISHMENT OF TAX RELIEF FUND. (a) AUCTION OF ALLOWANCES.—In accord- (b) PERCENTAGES FOR ALLOCATION.—For There is established in the Treasury of the ance with subsections (b) and (c), for each of each of calendar years 2012 through 2050, the United States a fund, to be known as the calendar years 2012 through 2050, the Admin- Administrator shall auction in accordance ‘‘Tax Relief Fund’’. istrator shall auction a quantity of the emis- with subsection (a) the per- On page 202, strike lines 3 and 4 and insert sion allowances established pursuant to sec- In the heading of the right column of the the following: tion 201(a) for each calendar year. table contained on page 250, after line 2, (b) and (c) and in addition to other auctions (b) NUMBER; FREQUENCY.—For each cal- strike ‘‘States and Indian tribes for adapta- conducted pursuant to this Act, to raise endar year during the period described in tion activities’’ and insert ‘‘auction’’. funds for deposit in the Tax Relief Fund, for subsection (a), the Administrator shall— Beginning on page 250, strike line 3 and all each of calendar (1) conduct not fewer than 4 auctions; and that follows through page 267, line 11, and in- On page 202, lines 10 and 11, strike ‘‘Cli- (2) schedule the auctions in a manner to sert the following: mate Change Consumer Assistance’’ and in- ensure that— SEC. 622. USE OF PROCEEDS. sert ‘‘Tax Relief Fund’’. (A) each auction takes place during the pe- The Administrator shall deposit all pro- In the heading of the right column of the riod beginning 330 days before, and ending 60 ceeds of auctions conducted pursuant to this table contained on page 203, after line 2, days before, the beginning of each calendar subtitle, immediately on receipt of those strike ‘‘Climate Change Consumer Assist- year; and proceeds, in the Tax Relief Fund, for use in ance’’ and insert ‘‘Tax Relief Fund’’. (B) the interval between each auction is of accordance with section 584. On page 204, lines 1 and 2, strike ‘‘Climate equal duration. Beginning on page 283, strike line 14 and UANTITIES OF EMISSION ALLOWANCES Change Consumer Assistance’’ and insert (c) Q all that follows through page 292, line 16, and AUCTIONED.—For each calendar year of the ‘‘Tax Relief Fund’’. insert the following: period described in subsection (a), the Ad- On page 204, strike lines 3 through 14 and SEC. 801. AUCTIONS FOR TAX RELIEF. ministrator shall auction a quantity of emis- insert the following: (a) FIRST PERIOD.—Not later than 330 days sion allowances in accordance with the ap- SEC. 584. SENSE OF SENATE REGARDING USE OF before the beginning of each of calendar plicable percentages described in the fol- AMOUNTS IN TAX RELIEF FUND. years 2012 through 2030, the Administrator It is the Sense of the Senate that the Sec- lowing table: In the heading of the right column of the shall auction 6.25 percent of the emission al- retary of the Treasury should use amounts table contained on page 223, after line 11, lowances established pursuant to section deposited in the Tax Relief Fund pursuant to strike ‘‘for public transportation’’. 201(a) for that calendar year. this Act for each calendar year to provide Beginning on page 224, strike line 1 and all (b) SECOND PERIOD.—Not later than 330 tax relief to consumers in the United States. that follows through page 228, line 25, and in- days before the beginning of each of calendar Beginning on page 204, strike line 22 and sert the following: years 2031 through 2050, the Administrator all that follows through page 217, line 4, and (d) USE OF PROCEEDS.—The Administrator shall auction 3.25 percent of the emission al- insert the following: shall deposit all proceeds of auctions con- lowances established pursuant to section SEC. 601. AUCTIONS FOR TAX RELIEF. ducted pursuant to this section, immediately 201(a) for that calendar year. SE OF PROCEEDS.—The Administrator (a) AUCTION.— on receipt of those proceeds, in the Tax Re- (c) U shall deposit all proceeds of auctions con- (1) FIRST PERIOD.—Not later than 330 days lief Fund, for use in accordance with section ducted pursuant to this section, immediately before the beginning of calendar year 2012, 584. the Administrator shall auction 12.75 percent On page 240, strike lines 5 through 17 and on receipt of those proceeds, in the Tax Re- of the quantity of emission allowances estab- insert the following: lief Fund, for use in accordance with section lished pursuant to section 201(a) for that cal- (a) IN GENERAL.—In accordance with sub- 584. endar year. section (b), for each of calendar years 2012 Beginning on page 292, strike line 22 and (2) SECOND PERIOD.—Not later than 330 days through 2050, the Administrator shall— all that follows through page 302, line 22, and before the beginning of each of calendar (1) auction 2 percent of the emission allow- insert the following: years 2013 through 2025, the Administrator ances established pursuant to section 201(a) SEC. 901. AUCTIONS FOR TAX RELIEF. shall auction 13 percent of the quantity of for the calendar year; and (a) FIRST PERIOD.— emission allowances established pursuant to (2) immediately on completion of an auc- (1) IN GENERAL.—For each of calendar years section 201(a) for that calendar year. tion, deposit the proceeds of the auction in 2012 through 2021, the Administrator shall (3) THIRD PERIOD.—Not later than 330 days the Tax Relief Fund, for use in accordance auction 1.75 percent of the quantity of emis- before the beginning of each of calendar with section 584. sion allowances established pursuant to sec- years 2026 through 2050, the Administrator On page 241, strike lines 6 through 21 and tion 201(a) for the calendar year, in accord- shall auction 13.5 percent of the quantity of insert the following: ance with paragraph (2).

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(2) NUMBER; FREQUENCY.—For each cal- Subtitle A—Auctions for Tax Relief auction 1 percent of the emission allowances endar year during the period described in SEC. 1001. AUCTIONS FOR TAX RELIEF. established pursuant to section 201(a) for paragraph (1), the Administrator shall— (a) IN GENERAL.—Not later than 120 days that calendar year. (A) conduct not fewer than 4 auctions; and after the date of enactment of this Act, and (2) SECOND PERIOD.—Not later than 330 days (B) schedule the auctions in a manner to annually thereafter through 2022, the Admin- before the beginning of each of calendar ensure that— istrator shall auction 1 percent of the quan- years 2014 through 2017, the Administrator (i) each auction takes place during the pe- tity of emission allowances established pur- shall auction 0.75 percent of the emission al- riod beginning 330 days before, and ending 60 suant to section 201(a) for the calendar year lowances established pursuant to section days before, the beginning of each calendar that occurs 3 years after the calendar year 201(a) for that calendar year. year; and during which the auction is conducted. (3) THIRD PERIOD.—Not later than 330 days (ii) the interval between each auction is of (b) USE OF PROCEEDS.—The Administrator before the beginning of each of calendar equal duration. shall deposit all proceeds of auctions con- years 2018 through 2030, the Administrator (b) SECOND PERIOD.— ducted pursuant to this section, immediately shall auction 1 percent of the emission allow- (1) IN GENERAL.—For each of calendar years on receipt of those proceeds, in the Tax Re- ances established pursuant to section 201(a) 2022 through 2030, the Administrator shall lief Fund, for use in accordance with section for that calendar year. auction 2 percent of the quantity of emission 584. (b) USE OF PROCEEDS.—The Administrator allowances established pursuant to section shall deposit all proceeds of auctions con- SEC. 1002. ADDITIONAL AUCTIONS. 201(a) for the calendar year, in accordance ducted pursuant to this section, immediately (a) IN GENERAL.—Not later than 2 years with paragraph (2). on receipt of those proceeds, in the Tax Re- after the date of enactment of this Act, the (2) NUMBER; FREQUENCY.—For each cal- lief Fund, for use in accordance with section endar year during the period described in Administrator shall auction 584. paragraph (1), the Administrator shall— In the heading of the right column of the Beginning on page 426, strike line 1 and all (A) conduct not fewer than 4 auctions; and table contained on page 307, after line 22, that follows through page 442, line 2, and in- (B) schedule the auctions in a manner to strike ‘‘allocation to Bonus Allowance Ac- sert the following: ensure that— count’’ and insert ‘‘auction’’. SEC. 1312. AUCTIONS FOR TAX RELIEF. (i) each auction takes place during the pe- Beginning on page 308, strike line 1 and all (a) AUCTIONS.—For each of calendar years riod beginning 330 days before, and ending 60 that follows through page 318, line 4, and in- 2012 through 2050, the Administrator shall days before, the beginning of each calendar sert the following: auction a quantity of allowances described in year; and (b) USE OF PROCEEDS.—The Administrator subsection (b) established pursuant to sec- (ii) the interval between each auction is of shall deposit all proceeds of auctions con- tion 201(a) for that calendar year. equal duration. ducted pursuant to this section, immediately (b) QUANTITY OF ALLOWANCES.—The quan- (c) THIRD PERIOD.— on receipt of those proceeds, in the Tax Re- tity of allowances referred to in subsection (1) IN GENERAL.—For each of calendar years lief Fund, for use in accordance with section (a) is, with respect to each applicable cal- 2031 through 2050, the Administrator shall 584. endar year— auction 1 percent of the quantity of emission Beginning on page 330, strike line 8 and all (1) 1 percent of the quantity of emission al- allowances established pursuant to section that follows through page 332, line 9, and in- lowances established for that calendar year; 201(a) for the calendar year, in accordance sert the following: and with paragraph (2). (2) of the quantity of offset allowances es- SEC. 1101. AUCTIONS FOR TAX RELIEF. (2) NUMBER; FREQUENCY.—For each cal- tablished for that calendar year— (a) IN GENERAL.—Not later than 2 years endar year during the period described in (A) the number of offset allowances that after the date of enactment of this Act, the paragraph (1), the Administrator shall— the Administrator determines to be appro- Administrator shall auction 0.5 percent of (A) conduct not fewer than 4 auctions; and priate; but the quantity of emission allowances estab- (B) schedule the auctions in a manner to (B) in no case more than 10 percent of the lished pursuant to section 201(a) for calendar ensure that— quantity of emission allowances established years 2012 through 2017. (i) each auction takes place during the pe- for that calendar year. (b) USE OF PROCEEDS.—The Administrator riod beginning 330 days before, and ending 60 (c) USE OF PROCEEDS.—The Administrator shall deposit all proceeds of auctions con- days before, the beginning of each calendar shall deposit all proceeds of auctions con- ducted pursuant to this section, immediately year; and ducted pursuant to this section, immediately on receipt of those proceeds, in the Tax Re- (ii) the interval between each auction is of on receipt of those proceeds, in the Tax Re- lief Fund, for use in accordance with section equal duration. lief Fund, for use in accordance with section 584. (d) USE OF PROCEEDS.—The Administrator 584. shall deposit all proceeds of auctions con- Beginning on page 332, strike line 12 and SEC. 1313. ADDITIONAL AUCTIONS. ducted pursuant to this section, immediately all that follows through page 338, line 5, and (a) AUCTIONS.— on receipt of those proceeds, in the Tax Re- insert the following: (1) IN GENERAL.—For each of calendar years lief Fund, for use in accordance with section SEC. 1111. AUCTIONS. 2012 through 2017, the Administrator shall 584. (a) IN GENERAL.—For each of calendar auction 0.5 percent of the emission allow- Beginning on page 303, strike line 2 and all years 2012 through 2050, the Administrator ances established pursuant to section 201(a) that follows through page 304, line 7, and in- shall auction 1 percent of the quantity of for the calendar year, in accordance with sert the following: emission allowances established pursuant to paragraph (2). (2) NUMBER; FREQUENCY.—For each cal- SEC. 911. AUCTIONS FOR TAX RELIEF. section 201(a) for the calendar year, in ac- endar year during the period described in (a) IN GENERAL.—For each of calendar cordance with subsection (b). paragraph (1), the Administrator shall— years 2012 through 2050, the Administrator (b) NUMBER; FREQUENCY.—For each cal- (A) conduct not fewer than 4 auctions; and shall auction 0.25 percent of the quantity of endar year during the period described in (B) schedule the auctions in a manner to emission allowances established pursuant to subsection (a), the Administrator shall— ensure that— section 201(a) for the calendar year, in ac- (1) conduct not fewer than 4 auctions; and (i) each auction takes place during the pe- cordance with subsection (b). (2) schedule the auctions in a manner to riod beginning 330 days before, and ending 60 (b) NUMBER; FREQUENCY.—For each cal- ensure that— endar year during the period described in (A) each auction takes place during the pe- days before, the beginning of each calendar subsection (a), the Administrator shall— riod beginning 330 days before, and ending 60 year; and (1) conduct not fewer than 4 auctions; and days before, the beginning of each calendar (ii) the interval between each auction is of (2) schedule the auctions in a manner to year; and equal duration. (b) USE OF PROCEEDS.—The Administrator ensure that— (B) the interval between each auction is of shall deposit all proceeds of auctions con- (A) each auction takes place during the pe- equal duration. (c) USE OF PROCEEDS.—The Administrator ducted pursuant to this section, immediately riod beginning 330 days before, and ending 60 on receipt of those proceeds, in the Tax Re- days before, the beginning of each calendar shall deposit all proceeds of auctions con- ducted pursuant to this section, immediately lief Fund, for use in accordance with section year; and 584. (B) the interval between each auction is of on receipt of those proceeds, in the Tax Re- equal duration. lief Fund, for use in accordance with section 584. SA 4851. Mr. BARRASSO submitted (c) USE OF PROCEEDS.—The Administrator an amendment intended to be proposed Beginning on page 338, strike line 7 and all shall deposit all proceeds of auctions con- by him to the bill S. 3036, to direct the ducted pursuant to this section, immediately that follows through page 340, line 21, and in- on receipt of those proceeds, in the Tax Re- sert the following: Administrator of the Environmental lief Fund, for use in accordance with section SEC. 1121. AUCTIONS FOR TAX RELIEF. Protection Agency to establish a pro- 584. (a) AUCTIONS.— gram to decrease emissions of green- Beginning on page 304, strike line 9 and all (1) FIRST PERIOD.—Not later than 330 days house gases, and for other purposes; that follows through page 307, line 19, and in- before the beginning of each of calendar which was ordered to lie on the table; sert the following: years 2012 and 2013, the Administrator shall as follows:

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At the end of title XII, add the following: (1) CARBON OUTPUT REDUCTION PLANS.— Percentage for Subtitle E—Carbon Output Reduction Plans (A) IN GENERAL.—Not later than 1 year distribution after the date of enactment of this Act, in for National Forest Land and Resource Calendar Year among carbon-in- Management Areas accordance with subparagraph (B), the Sec- tensive manufac- retary shall require the district director of turing facilities SEC. 1241. CARBON OUTPUT REDUCTION PLANS. each resource management area that the in United States (a) DEFINITIONS.—In this section: Secretary determines to be extensively for- (1) MANAGEMENT PLAN.—The term ‘‘man- ested to amend the management plan of the 2015 ...... 12 agement plan’’ means— resource management area under the juris- 2016 ...... 12 (A) a National Forest management plan diction of the district director to develop and 2017 ...... 12 under— carry out a carbon output reduction plan to 2018 ...... 12 (i) the Forest and Rangeland Renewable reduce the quantity of carbon output gen- 2019 ...... 12 Resources Planning Act of 1974 (16 U.S.C. 1600 erated by hazardous fuels and wildfires, to 2020 ...... 12 et seq.); and the maximum extent practicable, by— 2021 ...... 12 (ii) the National Forest Management Act (i) as of January 1, 2015, 10 percent; 2022 ...... 11 of 1976 (16 U.S.C. 1600 et seq.); and (ii) as of January 1, 2020, 25 percent; and 2023 ...... 10 (B) a resource management plan under the (iii) as of January 1, 2050, 50 percent. 2024 ...... 8 Federal Land Policy and Management Act of (B) CARBON OUTPUT BASELINE.— 2025 ...... 7 1976 (43 U.S.C. 1701 et seq.). (i) IN GENERAL.—In developing a carbon 2026 ...... 6 (2) SECRETARY.—The term ‘‘Secretary’’ output reduction plan under subparagraph 2027 ...... 5 means— (A), the district director of each resource 2028 ...... 4 (A) with respect to subsection (b), the Sec- management area described in subparagraph 2029 ...... 3 retary of Agriculture (acting through the (A) shall include in the carbon output reduc- 2030 ...... 2. Chief of the Forest Service); and tion plan applicable to the resource manage- (B) with respect to subsection (c) the Sec- ment area under the jurisdiction of the dis- retary of the Interior (acting through the Di- On page 184, line 16, insert ‘‘and nonfuel trict director a carbon output baseline devel- minerals’’ after ‘‘metals’’. rector of the Bureau of Land Management). oped in accordance with clause (ii). (b) NATIONAL FOREST LAND MANAGED BY Strike the table that begins on page 458, (ii) BASELINE METHODOLOGY.— THE SECRETARY OF AGRICULTURE.— after line 5, and insert the following: (I) IN GENERAL.—In developing a carbon (1) CARBON OUTPUT REDUCTION PLANS.— output baseline under clause (i), each dis- (A) IN GENERAL.—Not later than 1 year trict director of a resource management area Percentage for after the date of enactment of this Act, in described in subparagraph (A) shall base the auction for accordance with subparagraph (B), the Sec- Calendar year Deficit Reduc- carbon output baseline for the resource man- retary shall require the forest supervisor of tion Fund agement area on the average annual quan- each National Forest to amend the manage- tity of carbon output generated by the re- ment plan of the National Forest under the 2012 ...... 4.75 source management area during the most re- jurisdiction of the forest supervisor to de- 2013 ...... 4.75 cent 5 calendar-year period for which data velop and carry out a carbon output reduc- 2014 ...... 4.75 are available. tion plan to reduce the quantity of carbon 2015 ...... 5.50 (II) PRESCRIBED BURNS AND WILDLAND FIRE output generated by hazardous fuels and 2016 ...... 5.75 USE FIRES.—In developing a carbon output wildfires, to the maximum extent prac- 2017 ...... 5.75 baseline under clause (i), each district direc- ticable, by— 2018 ...... 6.25 tor of a resource management area described (i) as of January 1, 2015, 10 percent; 2019 ...... 6 in subparagraph (A) shall not consider car- (ii) as of January 1, 2020, 25 percent; and 2020 ...... 7 bon output generated as the result of pre- (iii) as of January 1, 2050, 50 percent. 2021 ...... 8.5 scribed burns or wildland fire use fires in the (B) CARBON OUTPUT BASELINE.— 2022 ...... 7.75 resource management area. (i) IN GENERAL.—In developing a carbon 2023 ...... 8.75 (iii) USE.—Each district director of a re- output reduction plan under subparagraph 2024 ...... 9.75 source management area described in sub- (A), the forest supervisor of each National 2025 ...... 9.75 paragraph (A) shall use the carbon output Forest shall include in the carbon output re- 2026 ...... 11.75 baseline applicable to the resource manage- duction plan applicable to the National For- 2027 ...... 11.75 ment area to determine the reduction of car- est under the jurisdiction of the forest super- 2028 ...... 11.75 bon output generated by the resource man- visor a carbon output baseline developed in 2029 ...... 12.75 agement area for each calendar year. accordance with clause (ii). 2030 ...... 12.75 (2) AUTHORIZED FORMS OF PAYMENT.—In car- (ii) BASELINE METHODOLOGY.— 2031 ...... 19.75 rying out a carbon output reduction plan (I) IN GENERAL.—In developing a carbon 2032 ...... 17.75 under paragraph (1), a district director of a output baseline under clause (i), each forest 2033 ...... 17.75 resource management area may enter into a supervisor of a National Forest shall base 2034 ...... 16.75 contract with an appropriate individual or the carbon output baseline for the National 2035 ...... 16.75 entity to allow the individual or entity to Forest on the average annual quantity of 2036 ...... 16.75 perform services in exchange for any form of carbon output generated by the National 2037 ...... 16.75 payment authorized by the district director Forest during the most recent 5 calendar- 2038 ...... 16.75 (including any goods-for-services contract or year period for which data are available. 2039 ...... 16.75 stewardship contract). (II) PRESCRIBED BURNS AND WILDLAND FIRE 2040 ...... 16.75 USE FIRES.—In developing a carbon output Mr. BARRASSO submitted 2041 ...... 16.75 SA 4852. 2042 ...... 16.75 baseline under clause (i), each forest super- an amendment intended to be proposed visor of a National Forest shall not consider 2043 ...... 16.75 carbon output generated as the result of pre- by him to the bill S. 3036, to direct the 2044 ...... 16.75 scribed burns or wildland fire use fires in the Administrator of the Environmental 2045 ...... 16.75 National Forest. Protection Agency to establish a pro- 2046 ...... 16.75 (iii) USE.—Each forest supervisor of a Na- gram to decrease emissions of green- 2047 ...... 16.75 tional Forest shall use the carbon output house gases, and for other purposes; 2048 ...... 16.75 baseline applicable to the National Forest to which was ordered to lie on the table; 2049 ...... 16.75 determine the reduction of carbon output as follows: 2050 ...... 16.75. generated by the National Forest for each Strike the table that begins on page 183, calendar year. after line 18, and ends on page 184, before line SA 4853. Mr. BARRASSO submitted (2) AUTHORIZED FORMS OF PAYMENT.—In car- 1, and insert the following: rying out a carbon output reduction plan an amendment intended to be proposed under paragraph (1), a forest supervisor of a by him to the bill S. 3036, to direct the National Forest may enter into a contract Percentage for Administrator of the Environmental distribution with an appropriate individual or entity to among carbon-in- Protection Agency to establish a pro- allow the individual or entity to perform Calendar Year tensive manufac- gram to decrease emissions of green- services in exchange for any form of pay- turing facilities house gases, and for other purposes; ment authorized by the forest supervisor (in- in United States which was ordered to lie on the table; cluding any goods-for-services contract or stewardship contract). 2012 ...... 12 as follows: (c) RESOURCE MANAGEMENT AREAS MAN- 2013 ...... 12 At the end of subtitle B of title X, add the AGED BY THE SECRETARY OF THE INTERIOR.— 2014 ...... 12 following:

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.108 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5116 CONGRESSIONAL RECORD — SENATE June 4, 2008

SEC. 10ll. ADVANCED COAL AND SEQUESTRA- to the emissions the project would have (6) LIMITATION.—A project may not receive TION TECHNOLOGIES PROGRAM. achieved if that unit had combusted only bi- an award under this subsection if the project (a) ADVANCED COAL TECHNOLOGIES.— tuminous coal during the particular calendar receives an award under section 4402. (1) DEFINITIONS.—In this section: year. (b) SEQUESTRATION.— (A) ADVANCED COAL GENERATION TECH- (C) APPLICABILITY OF BONUS ALLOWANCE AD- (1) IN GENERAL.—The Climate Change Tech- NOLOGY.—Subject to paragraph (2), the term JUSTMENT RATIO.—The bonus allowance ad- nology Board shall use not less than ‘‘advanced coal generation technology’’ justment ratio under section 1013(b) shall $10,000,000,000 of amounts made available means an advanced coal-fueled power plant apply to an electric generation unit de- from the sale of allowances to carry out this technology that meets 1 of the following per- scribed in paragraph (1)(A)(i) only with re- section for large-scale geological carbon formance standards for limiting carbon diox- spect to the megawatt-hours and carbon di- storage demonstration projects that store ide emissions from an electric generation oxide emissions attributable to the treated carbon dioxide captured from electric gen- unit on an annual average basis, as deter- share of the flue gas of the electric genera- eration units using coal gasification or other mined by the Climate Change Technology tion unit. advanced coal combustion processes, includ- Board: ing units that receive assistance under sub- (3) DEMONSTRATION PROJECTS AND DEPLOY- (i) For an electric generation unit that is section (a). MENT INCENTIVES.— not a new entrant and that commences oper- (2) PROJECT CAPITAL AND OPERATING (A) IN GENERAL.—The Climate Change ation of carbon capture and sequestration COSTS.— Technology Board shall use not less than equipment not later than December 31, 2015— (A) IN GENERAL.—The Climate Change $40,000,000,000 of amounts made available (I) treatment of at least the quantity of Technology Board shall provide assistance from the sale of allowances under the pro- flue gas equivalent to 100 megawatts of the under this subsection to reimburse the output of the electric generation unit; and gram to carry out this section to support project owner for a percentage of the incre- (II) a capability of capturing and seques- demonstration projects using advanced coal mental project capital and operating costs of tering at least 85 percent of the carbon diox- generation technology, including retrofit the project that are attributable to carbon ide in that flue gas. technology that could be deployed on exist- capture and sequestration, as the Secretary (ii) For an electric generation unit that is ing coal generation facilities, and to provide determines to be appropriate. financial incentives to facilitate the deploy- not a new entrant and that commences oper- (B) CERTAIN PROJECTS.—Of the assistance ation of carbon capture and sequestration ment of not more than 20 gigawatts of ad- provided under subparagraph (A), the Cli- equipment after December 31, 2016, achieve- vanced coal generation technologies. mate Change Technology Board shall make ment of an average annual emission rate of (B) CERTAIN PROJECTS.—Of the amounts de- available up to 25 percent for projects that not more than 1,200 pounds of carbon dioxide scribed in subparagraph (A), the Climate meet the carbon dioxide emissions perform- per megawatt-hour of net electricity genera- Change Technology Board shall make avail- ance standard under subsection (a)(1)(A)(i). tion, after subtracting the carbon dioxide able up to 25 percent for projects that meet that is captured and sequestered. the carbon dioxide emission performance SA 4854. Mr. BARRASSO submitted (iii) For a new entrant electric generation standard under paragraph (1)(A)(i). an amendment intended to be proposed unit for which construction of the unit com- (C) ADMINISTRATION.—In providing incen- by him to the bill S. 3036, to direct the menced prior to July 1, 2018, achievement of tives under this paragraph, the Climate Administrator of the Environmental an average annual emission rate of not more Change Technology Board shall— than 800 pounds of carbon dioxide per mega- (i) provide appropriate incentives for regu- Protection Agency to establish a pro- watt-hour of net electricity generation, after lated investor-owned utilities, municipal gram to decrease emissions of green- subtracting the carbon dioxide that is cap- utilities, electric cooperatives, and inde- house gases, and for other purposes; tured and sequestered. pendent power producers, as determined by which was ordered to lie on the table; (iv) For a new entrant electric generation the Secretary of Energy; and as follows: unit for which construction of the unit com- (ii) ensure that a range of the domestic On page 381, between lines 9 and 10, insert menced on or after July 1, 2018, achievement coal types is employed in the facilities that the following: of an average annual emissions rate of not receive incentives under this paragraph. SEC. 1238. RECOVERY PLANS. more than 350 pounds of carbon dioxide per (D) FUNDING REQUIREMENTS.— Nothing in this subtitle requires the Sec- megawatt-hour of net electricity generation, (i) SEQUESTRATION ACTIVITIES.—The Cli- retary of the Interior (or the Secretary of after subtracting the carbon dioxide that is mate Change Technology Board shall provide Commerce, with respect to any species for captured and sequestered. incentives only to projects that meet 1 of the which the Secretary of Commerce has pro- (v) For any unit at a covered entity that is emission performance standards for limiting gram responsibilities under the Endangered not an electric generation unit, achievement carbon dioxide described in clause (ii) or (iii) Species Act of 1973 (16 U.S.C. 1531 et seq.)) to of an average annual emission rate that is of paragraph (1)(A). update any recovery plan developed under achieved by the capture and sequestration of (ii) PROJECTS USING CERTAIN COALS.—In section 4(f) of the At Act 916 U.S.C. 1533(f0 a minimum of 85 percent of the total carbon providing incentives under this paragraph, that was approved before the date of enact- dioxide emissions produced by the unit. the Climate Change Technology Board shall ment of this Act. (B) COMMENCED.—The term ‘‘commenced’’, set aside not less than 25 percent of any with respect to construction, means that an amounts made available to carry out this SA 4855. Mr. BARRASSO submitted owner or operator has— subsection for projects using coal with an en- an amendment intended to be proposed (i) obtained the necessary permits to carry ergy content of not more than 10,000 British by him to the bill S. 3036, to direct the out a continuous program of construction; thermal units per pound. Administrator of the Environmental and (4) STORAGE AGREEMENT REQUIRED.—The Protection Agency to establish a pro- (ii) entered into a binding contractual obli- Climate Change Technology Board shall re- gram to decrease emissions of green- gation, with substantial financial penalties quire a binding storage agreement for the house gases, and for other purposes; for cancellation, to undertake such a pro- carbon dioxide captured in a project under which was ordered to lie on the table; gram. this subsection in a geological storage (C) CONSTRUCTION.—The term ‘‘construc- project permitted by the Administrator as follows: tion’’, with respect to a carbon capture and under regulations promulgated pursuant to At the end of title V, add the following: sequestration project, means the fabrication, section 1421(d) of the Safe Drinking Water Subtitle J—Small Business Refiners erection, or installation of technology for Act (42 U.S.C. 300h(d)). SEC. 591. DEFINITION OF SMALL BUSINESS RE- the project. (5) DISTRIBUTION OF FUNDS.— FINER. (2) ADJUSTMENT OF PERFORMANCE STAND- (A) REQUIREMENT.—The Climate Change In this subtitle: ARDS.— Technology Board shall make awards under (1) IN GENERAL.—The term ‘‘small business (A) IN GENERAL.—The Climate Change this section in a manner that maximizes the refiner’’ means a refiner that meets the ap- Technology Board may adjust the emission avoidance or reduction of greenhouse gas plicable Federal refinery capacity and em- performance standards for a carbon capture emissions. ployee limitations criteria described in sec- and sequestration project under paragraph (B) INCENTIVES.—A project that receives an tion 45H (c) of the Internal Revenue Code of (1)(A) for an electric generation unit that award under this subsection may elect 1 of 1986 (in effect on the date of enactment of uses subbituminous coal, lignite, or petro- the following financial incentives: this Act). leum coke in significant amounts. (i) A loan guarantee. (2) EXCLUSION.—The term ‘‘small business (B) REQUIREMENT.—If the Climate Change (ii) A cost-sharing grant to cover the incre- refiner’’ does not include an entity formed Technology Board adjusts a standard under mental cost of installing and operating car- by a merger or acquisition involving a refin- subparagraph (A), the adjusted performance bon capture and storage equipment (for ing entity that— standard for the applicable project shall pre- which utilization costs may be covered for (A) does not meet the applicable criteria scribe an annual emission rate that requires the first 10 years of operation). referred to in paragraph (1); and the project to achieve an equivalent reduc- (iii) Production payments of not more than (B) occurred after December 31, 2007. tion from uncontrolled carbon dioxide emis- 1.5 cents per kilowatt-hour of electric output SEC. 592. ALLOCATIONS. sions levels from the use of subbituminous during the first 10 years of commercial serv- (a) CALENDAR YEARS 2012 THROUGH 2017.— coal, lignite, or petroleum coke, as compared ice of the project. Notwithstanding any other provision of this

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.110 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5117 Act, for each of calendar years 2012 through entities, on a competitive basis, financial (4) submit to Congress— 2017, the Administrator shall— awards for the achievement of milestones in (A) an annual report that describes the (1) adjust the allocations under subtitles E developing and applying technology that progress made by the Commission and recipi- and F to owners and operators of carbon-in- could significantly slow or reverse the accu- ents of financial awards under this section in tensive manufacturing facilities and fossil mulation of greenhouse gases in the atmos- achieving the demonstration goals estab- fuel-fired electric power generating facili- phere by permanently capturing or seques- lished under paragraph (3); and ties, respectively, by 1⁄2 percent; and trating those gases without significant coun- (B) not later than 1 year after the date of (2) allocate 1 percent of the emission allow- tervailing harmful effects. enactment of this Act, a report that de- ances established under section 201(a) for SEC. 1775. GREENHOUSE GAS EMISSION ATMOS- scribes the levels of funding that are nec- those facilities to small business refiners in PHERIC REMOVAL COMMISSION. essary to achieve the purposes of this sub- accordance with this subtitle. (a) ESTABLISHMENT.—There is established title. (b) CALENDAR YEARS 2018 THROUGH 2030.— within the Department of Energy a commis- (d) PUBLIC PARTICIPATION.—In carrying out Notwithstanding any other provision of this sion to be known as the ‘‘Greenhouse Gas subsection (c)(1), the Commission shall— Act, for each of calendar years 2012 through Emission Atmospheric Removal Commis- (1) provide notice of and, for a period of at 2017, the Administrator shall— sion’’. least 60 days, an opportunity for public com- (1) adjust the allocations under subtitle G (b) MEMBERSHIP.— ment on, any draft or proposed version of the to owners and operators of facilities that (1) COMPOSITION.—The Commission shall be requirements described in subsection (c)(1); manufacture petroleum-based liquid or gas- composed of 11 members appointed by the and eous fuel by 1 percent; and President, by and with the advice and con- (2) take into account public comments re- (2) allocate 1 percent of the emission allow- sent of the Senate, who shall provide exper- ceived in developing the final version of ances established under section 201(a) for tise in— those requirements. those facilities to small business refiners in (A) climate science; (e) PEER REVIEW.—No financial award may accordance with this subtitle. (B) physics; be provided under this subtitle until such (C) chemistry; time as the proposal for which the award is SEC. 593. TREATMENT OF EXPANSIONS. (D) biology; Emissions of carbon dioxide equivalent sought has been peer reviewed in accordance (E) engineering; with such standards for peer review as the from transportation fuel resulting from an (F) economics; Commission shall establish. expansion in capacity by a small business re- (G) business management; and finer that qualifies under section 179(c) of SEC. 1776. INTELLECTUAL PROPERTY CONSIDER- (H) such other disciplines as the Commis- ATIONS. the Internal Revenue Code of 1986 shall be sion determines to be necessary to achieve (a) IN GENERAL.—Title to any intellectual added to the 2006 carbon dioxide equivalents the purposes of this subtitle. property arising from a financial award pro- of the small business refiner for the purpose (2) TERM; VACANCIES.— vided under this subtitle shall vest in 1 or of calculating the quantity of emission al- (A) TERM.—A member of the Commission more entities that are incorporated in the lowances to be distributed to the small busi- shall serve for a term of 6 years. United States. ness refiner under this subtitle. (B) VACANCIES.—A vacancy on the Commis- (b) RESERVATION OF LICENSE.—The United sion— States— SA 4856. Mr. BARRASSO submitted (1) may reserve a nonexclusive, non- an amendment intended to be proposed (i) shall not affect the powers of the Com- mission; and transferable, irrevocable, paid-up license, to by him to the bill S. 3036, to direct the (ii) shall be filled in the same manner as have practiced for or on behalf of the United Administrator of the Environmental the original appointment was made. States, in connection with any intellectual Protection Agency to establish a pro- (3) INITIAL MEETING.—Not later than 30 property described in subsection (a); but gram to decrease emissions of green- days after the date on which all members of (2) shall not, in the exercise of a license re- house gases, and for other purposes; the Commission have been appointed, the served under paragraph (1), publicly disclose proprietary information relating to the li- which was ordered to lie on the table; Commission shall hold the initial meeting of the Commission. cense. as follows: (c) TRANSFER OF TITLE.—Title to any intel- (4) MEETINGS.—The Commission shall meet At the end of title XVII, add the following: at the call of the Chairperson. lectual property described in subsection (a) shall not be transferred or passed, except to Subtitle H—Atmospheric Removal of (5) QUORUM.—A majority of the members of an entity that is incorporated in the United Greenhouse Gases the Commission shall constitute a quorum, States, until the expiration of the first pat- SEC. 1771. SHORT TITLE. but a lesser number of members may hold ent obtained in connection with the intellec- This subtitle may be cited as the ‘‘Green- hearings. tual property. house Gas Emission Atmospheric Removal (6) CHAIRPERSON AND VICE CHAIRPERSON.— Act’’ or the ‘‘GEAR Act’’. The Commission shall select a Chairperson SEC. 1777. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated SEC. 1772. STATEMENT OF POLICY. and Vice Chairperson from among the mem- such sums as are necessary to carry out this It is the policy of the United States to pro- bers of the Commission. subtitle. vide incentives to encourage the develop- (7) COMPENSATION.—A member of the Com- ment and implementation of technology to mission shall be compensated at level III of SEC. 1778. TERMINATION OF AUTHORITY. The Commission and all authority of the permanently remove greenhouse gases from the Executive Schedule. Commission provided under this subtitle ter- the atmosphere on a significant scale. (c) DUTIES.—The Commission shall— minate on December 31, 2020. SEC. 1773. DEFINITIONS. (1) subject to subsection (d), develop spe- In this subtitle: cific requirements for— SA 4857. Mr. DORGAN submitted an (1) COMMISSION.—The term ‘‘Commission’’ (A) the competition process; amendment intended to be proposed by means the Greenhouse Gas Emission Atmos- (B) minimum performance standards; pheric Removal Commission established by (C) monitoring and verification procedures; him to the bill S. 3036, to direct the Ad- section 1775(a). and ministrator of the Environmental Pro- (2) GREENHOUSE GAS.—The term ‘‘green- (D) the scale of awards for each milestone tection Agency to establish a program house gas’’ means— identified under paragraph (3); to decrease emissions of greenhouse (A) carbon dioxide; (2) establish minimum levels for the cap- gases, and for other purposes; which (B) methane; ture or net sequestration of greenhouse gases was ordered to lie on the table; as fol- (C) nitrous oxide; that are required to be achieved by a public lows: (D) sulfur hexafluoride; or private entity to qualify for a financial On page 304, strike line 19 and insert the (E) a hydrofluorocarbon; award described in paragraph (3); following: (F) a perfluorocarbon; and (3) in coordination with the Secretary, (a) IN GENERAL.—Not later than 120 days (G) any other gas that the Commission de- offer those financial awards to public and after the date of enactment termines is necessary to achieve the pur- private entities that demonstrate— On page 304, after line 25, add the fol- poses of this subtitle. (A) a design document for a successful lowing: (3) INTELLECTUAL PROPERTY.—The term technology; (b) ADDITIONAL FUNDS.— ‘‘intellectual property’’ means— (B) a bench scale demonstration of a tech- (1) IN GENERAL.—For the period of calendar (A) an invention that is patentable under nology; years 2009 through 2018, of the proceeds of title 35, United States Code; and (C) technology described in subparagraph the auctions conducted under section 1402(a), (B) any patent on an invention described in (A) that— $20,000,000,000 shall be allocated by the Ad- subparagraph (A). (i) is operational at demonstration scale; ministrator to the Kick-Start Program in (4) SECRETARY.—The term ‘‘Secretary’’ and accordance with the schedule described in means the Secretary of Energy. (ii) achieves significant greenhouse gas re- paragraph (2). SEC. 1774. GREENHOUSE GAS EMISSION ATMOS- ductions; and (2) SCHEDULE.— PHERIC REMOVAL PROGRAM. (D) operation of technology on a commer- (A) IN GENERAL.—Subject to subparagraph The Secretary, acting through the Com- cially viable scale that meets the minimum (B), of the $20,000,000,000 described in para- mission, shall provide to public and private levels described in paragraph (2); and graph (1), the Administrator shall allocate—

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.111 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5118 CONGRESSIONAL RECORD — SENATE June 4, 2008 (i) $1,200,000,000 in calendar year 2009; On page 341, strike lines 5 through 7 and in- gardless of the year for which any particular (ii) $1,100,000,000 in calendar year 2010; sert the following: lease sale is scheduled. (iii) $900,000,000 in calendar year 2011; (2) to reduce greenhouse gas emissions, the (iv) $3,100,000,000 in 2012; United States should not rely on ethanol SA 4861. Mrs. DOLE (for herself and (v) $3,000,000,000 in each of calendar years produced from corn and should rely increas- Mr. WARNER) submitted an amendment 2013 and 2014; and ingly on advanced, clean, low-carbon fuels intended to be proposed by her to the (vi) $2,000,000,000 in each of calendar years for transportation. bill S. 3036, to direct the Administrator 2015 through 2018. of the Environmental Protection Agen- SA 4859. Mrs. DOLE submitted an (B) INCREASE IN ALLOCATION.—If any por- cy to establish a program to decrease tion of the funds to be allocated under sub- amendment intended to be proposed by emissions of greenhouse gases, and for paragraph (A) for a calendar year is unavail- her to the bill S. 3036, to direct the Ad- able for that allocation, that portion shall be ministrator of the Environmental Pro- other purposes; which was ordered to added to the amount to be allocated in the tection Agency to establish a program lie on the table; as follows: subsequent calendar year. to decrease emissions of greenhouse Beginning on page 291, strike line 24 and On page 305, line 19, insert ‘‘research, de- all that follows through page 292, line 16. velopment, demonstration, and’’ before gases, and for other purposes; which On page 301, strike line 12 and insert the ‘‘early deployment’’. was ordered to lie on the table; as fol- following: Beginning on page 305, strike line 22 and lows: In making awards under this sub- all that follows through page 306, line 2, and On page 84, strike lines 13 and 14 and insert On page 302, strike lines 6 through 22. insert the following: the following: Beginning on page 306, strike line 17 and (b) GOALS.—The Board shall design and op- (ii) forest management activities inclusive all that follows through page 307, line 9. erate the Kick-Start Program with the goals of associated recognized carbon pools, in- of— cluding— SA 4862. Mrs. DOLE (for herself and (1) advancing additional advanced coal re- (I) forest product carbon sequestration; Mr. WHITEHOUSE) submitted an amend- search and development innovations for cap- (II) afforestation; and ment intended to be proposed by her to turing and storing carbon dioxide; and (III) forest management activities that the bill S. 3036, to direct the Adminis- (2) rapidly bringing into operation in the contribute to forest carbon sequestration; United States not fewer than 5 commercial trator of the Environmental Protection Agency to establish a program to de- facilities that capture and geologically se- SA 4860. Mrs. DOLE submitted an crease emissions of greenhouse gases, quester carbon released when coal is used to amendment intended to be proposed by generate electricity. and for other purposes; which was or- her to the bill S. 3036, to direct the Ad- (c) KICK-START COMPONENTS.— dered to lie on the table; as follows: (1) RESEARCH AND DEVELOPMENT.— ministrator of the Environmental Pro- tection Agency to establish a program On page 251, strike lines 1 through 13 and (A) IN GENERAL.—For each fiscal year, the insert the following: Secretary of Energy shall use 50 percent of to decrease emissions of greenhouse (A) IN GENERAL.—The term ‘‘Coastal the amounts in the Fund derived from auc- gases, and for other purposes; which State’’ means any State or territory of the tions conducted under section 1002(b) to was ordered to lie on the table; as fol- United States with a coastal zone manage- carry out the programs established under lows: ment plan or program that is approved under sections 962 and 963 of the Energy Policy Act At the end of title XVII, add the following: the Coastal Zone Management Act of 1972 (16 of 2005 (42 U.S.C. 16292, 16293). Subtitle H—Sense of the Senate Regarding U.S.C. 1451 et seq.). (B) REQUIREMENTS.—In carrying out the On page 251, line 14, strike ‘‘(C)’’ and insert the Need to Expedite Certain Outer Conti- programs, the Secretary of Energy shall pro- ‘‘(B)’’. nental Shelf Oil and Gas Lease Sales vide for the investigation of a wide variety of On page 254, strike lines 13 through 20 and technologies for carbon capture for— SEC. 1771. SENSE OF THE SENATE. insert the following: (i) retrofitting of existing facilities; and (a) FINDINGS.—The Senate finds that— (B) to identify and develop plans to pro- (ii) installation of carbon-capture tech- (1) the citizens of the United States face tect, or, as necessary or applicable, to relo- nology on next-generation coal-fueled facili- economic hardships due to high fuel costs; cate public facilities and infrastructure, ties. (2) the citizens of the United States rely on coastal resources of national significance, (2) DEPLOYMENT.—The Secretary of Energy oil and gas produced from resources located public energy facilities, or other public shall use 50 percent of the amounts in the in the approximately 1,760,000,000 acres of the water uses located in the coastal watershed Fund derived from auctions conducted under outer Continental Shelf; that are affected by climate change, includ- section 1002(b) to carry out a program to fa- (3) the Secretary of the Interior (referred ing the development of strategies that use cilitate the deployment of the technologies to in this section as the ‘‘Secretary’’), in ac- natural resources, such as natural buffer described in paragraph (1)(B). cordance with section 18 of the Outer Conti- zones, natural shorelines, and habitat pro- On page 306, line 3, strike ‘‘(c)’’ and insert nental Shelf Lands Act (43 U.S.C. 1344), has tection or restoration, to mitigate risks and ‘‘(d)’’. prepared, for calendar years 2007 through impacts; On page 306, strike lines 4 through 9 and in- 2012, an oil and gas leasing program (referred On page 255, strike lines 23 and 24 and in- sert the following: to in this section as the ‘‘5-year program’’) sert the following: Program on— indicating a 5-year schedule of lease sales de- (v) coastal habitat loss; (1) the ‘‘Early Deployment Fund’’ rec- signed to best meet the energy needs of the f ommendations contained in the final report United States; issued by the Advanced Coal Technology (4) the 5-year program includes 21 lease NOTICE OF HEARING Work Group of the Clean Air Act Advisory sales in 8 areas, including— COMMITTEE ON ENERGY AND NATURAL Committee of the Environmental Protection (A) 4 areas located off of the coast of the RESOURCES Agency and dated January 29, 2008; and State of Alaska; (2) the programs established under sections (B) 1 area located off of the Atlantic Coast; Mr. BINGAMAN. Mr. President, I 962 and 963 of the Energy Policy Act of 2005 and would like to announce for the infor- (42 U.S.C. 16292, 16293). (C) 3 areas located in the Gulf of Mexico; mation of the Senate and the public (e) COAL DIVERSITY.—The Kick-Start Pro- (5) the analysis completed for the 5-year that a hearing has been scheduled be- gram program has indicated that implementation On page 306, line 13, strike ‘‘(e)’’ and insert fore Committee on Energy and Natural of the 5-year program would result in— ‘‘(f)’’. Resources Subcommittee on National On page 306, line 17, strike ‘‘(f)’’ and insert (A) the production of an estimated Parks. ‘‘(g)’’. 10,000,000,000 barrels of oil and The hearing will be held on June 17, On page 457, line 13, insert ‘‘and the Carbon 45,000,000,000,000 cubic feet of natural gas; 2008, at 2:30 p.m, in room SD–366 of the Capture and Sequestration Technology Fund and (B) the generation of $170,000,000,000 in net Dirksen Senate Office Building. established by section 1001’’ before the period The purpose of the hearing is to re- at the end. benefits for the United States during the 40- year period beginning on the date of imple- ceive testimony on the following bills: SA 4858. Mrs. DOLE submitted an mentation of the 5-year program; and S. 1774, to designate the John Krebs amendment intended to be proposed by (6) the United States should— Wilderness in the State of California, her to the bill S. 3036, to direct the Ad- (A) be less dependent on foreign oil; and to add certain land to the Sequoia- ministrator of the Environmental Pro- (B) develop more domestic sources of en- Kings Canyon National Park Wilder- tection Agency to establish a program ergy. ness, and for other purposes; S. 2255, to (b) SENSE OF THE SENATE.—It is the sense to decrease emissions of greenhouse of the Senate that, as soon as practicable amend the National Trails System Act gases, and for other purposes; which after the date of enactment of this Act, the to provide for studies of the Chisholm was ordered to lie on the table; as fol- Secretary should expedite each remaining Trail and Great Western Trail to deter- lows: lease sale included in the 5-year program re- mine whether to add the trails to the

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.113 S04JNPT1 wwoods2 on PRODPC68 with SENATE June 4, 2008 CONGRESSIONAL RECORD — SENATE S5119 National Trails System, and for other COMMITTEE ON THE JUDICIARY (2) the Office of the Vice President; purposes; S. 2359, to establish the St. Mr. CONRAD. Mr. President, I ask (3) Congress; Augustine 450th Commemoration Com- unanimous consent that the Senate (4) the Supreme Court; mission, and for other purposes; S. 2943, Committee on the Judiciary be author- (5) the Department of the Treasury; (6) the Department of Defense; to amend the National Trails System ized to meet during the session of the (7) the Department of Justice; Act to designate the Pacific Northwest Senate, to conduct a hearing entitled (8) the Department of State; National Scenic Trail; S. 3010, to reau- ‘‘Improving Detainee Policy: Handling (9) the Department of Commerce; thorize the Route 66 Corridor Preserva- Terrorism Detainees within the Amer- (10) the Department of Homeland Security; tion Program; S. 3017, to designate the ican Justice System’’ on Wednesday, (11) the Department of Veterans Affairs; Beaver Basin Wilderness at Pictured June 4, 2008, at 10 a.m., in room SD–226 (12) the Department of Labor; Rocks National Lakeshore in the State of the Dirksen Senate Office Building. (13) the Department of Health and Human of Michigan; S. 3045, to establish the The PRESIDING OFFICER. Without Services; Kenai Mountains-Turnagain Arm Na- objection, it is so ordered. (14) the Department of Energy; (15) the Department of Housing and Urban tional Forest Heritage Area in the COMMITTEE ON VETERANS’ AFFAIRS Development; State of Alaska, and for other pur- Mr. CONRAD. Mr. President, I ask (16) the Central Intelligence Agency; and poses; and H.R. 1143, to authorize the unanimous consent for the Committee (17) the Postal Service; Secretary of the Interior to lease cer- on Veterans’ Affairs to be authorized Whereas the bald eagle is an inspiring sym- tain lands in Virgin Islands National to meet during the session of the Sen- bol of— Park, and for other purposes. ate on Wednesday, June 4, 2008 to con- (1) the spirit of freedom; and Because of the limited time available duct a hearing. The Committee will (2) the democracy of the United States; Whereas, since the founding of the Nation, for the hearing, witnesses may testify meet in room 418 of the Russell Senate by invitation only. However, those the image, meaning, and symbolism of the Office Building, at 9:30 a.m. bald eagle have played a significant role in wishing to submit written testimony The PRESIDING OFFICER. Without the art, music, history, literature, architec- for the hearing record should send it to objection, it is so ordered. ture, and culture of the United States; the Committee on Energy and Natural Whereas the bald eagle is prominently fea- f Resources, United States Senate, tured on the stamps, currency, and coinage Washington, DC 20510–6150, or by e-mail PRIVILEGES OF THE FLOOR of the United States; to [email protected] Whereas the habitat of bald eagles exists Mr. CARPER. I ask unanimous con- only in North America; .gov. sent that Karl Cordova, Alicia Jack- For further information, please con- Whereas, by 1963, the population of bald ea- son, Lucas Knowles, and Bryan gles that nested in the lower 48 States had tact David Brooks at (202) 224–9863 or Mignone, of the Committee on Energy declined to approximately 417 nesting pairs; Rachel Pasternack at (202) 224–0883. and Natural Resources, be granted the Whereas, due to the dramatic decline in f privilege of the floor during debate on the population of bald eagles in the lower 48 the Climate Security Act. States, the Secretary of the Interior listed AUTHORITY FOR COMMITTEES TO the bald eagle as an endangered species on MEET The PRESIDING OFFICER. Without the list of endangered species published objection, it is so ordered. under section 4(c)(1) of the Endangered Spe- COMMITTEE ON AGRICULTURE, NUTRITION AND cies Act of 1973 (16 U.S.C. 1533(c)(1)); FORESTRY f Whereas caring and concerned citizens of Mr. CONRAD. Mr. President, I ask AMERICAN EAGLE DAY the United States that represented Federal, unanimous consent that the Com- State, and private sectors banded together to mittee on Agriculture, Nutrition, and Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate save, and help ensure the protection of, bald Forestry be authorized to meet during eagles; the session of the Senate on Wednes- now proceed to the consideration of S. Whereas, in 1995, as a result of the efforts day, June 4, 2008 at 11 a.m. in room 332 Res. 583. of those caring and concerned citizens of the of the Russell Senate Office Building. The PRESIDING OFFICER. The United States, the Secretary of the Interior The PRESIDING OFFICER. Without clerk will report the resolution by listed the bald eagle as a threatened species on the list of threatened species published objection, it is so ordered. title. The legislative clerk read as follows: under section 4(c)(1) of the Endangered Spe- COMMITTEE ON COMMERCE, SCIENCE, AND cies Act of 1973 (16 U.S.C. 1533(c)(1)); A resolution (S. Res. 583) designating June TRANSPORTATION Whereas, by 2006, the population of bald ea- 20, 2008, as ‘‘American Eagle Day,’’ and cele- gles that nested in the lower 48 States had Mr. CONRAD. Mr. President, I ask brating the recovery and restoration of the increased to approximately 7,000 to 8,000 unanimous consent that the Com- bald eagle, the national symbol of the United nesting pairs; mittee on Commerce, Science, and States. Transportation be authorized to meet Whereas, on June 28, 2007, the Secretary of There being no objection, the Senate the Interior removed the bald eagle from the during the session of the Senate on proceeded to consider the resolution. list of threatened species published under Wednesday, June 4, 2008, at 10 a.m., in Mr. DURBIN. Mr. President, I ask section 4(c)(1) of the Endangered Species Act room 253 of the Russell Senate Office unanimous consent that the resolution of 1973 (16 U.S.C. 1533(c)(1)); Building. be agreed to, the preamble be agreed Whereas bald eagles will still be protected The PRESIDING OFFICER. Without to, and the motions to reconsider be in accordance with— objection, it is so ordered. (1) the Act of June 8, 1940 (16 U.S.C. 668 et laid upon the table. seq.) (commonly known as the ‘‘Bald Eagle COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without Protection Act of 1940’’); and Mr. CONRAD. Mr. President, I ask objection, it is so ordered. (2) the Migratory Bird Treaty Act (16 unanimous consent that the Com- The resolution (S. Res. 583) was U.S.C. 703 et seq.); mittee on Foreign Relations be author- agreed to. Whereas the American Bald Eagle Recov- ized to meet during the session of the The preamble was agreed to. ery and National Emblem Commemorative Senate on Wednesday, June 4, 2008, at The resolution, with its preamble, Coin Act (Public Law 108–486; 118 Stat. 9:30 a.m. reads as follows: 3934)— The PRESIDING OFFICER. Without (1) was signed into law on December 23, RES. 583 2004; and objection, it is so ordered. Whereas, on June 20, 1782, the bald eagle (2) directs the Secretary of the Treasury to COMMITTEE ON FOREIGN RELATIONS was officially designated as the national em- mint commemorative coins in 2008— Mr. CONRAD. Mr. President, I ask blem of the United States by the founding fa- (A) to celebrate the recovery and restora- unanimous consent that the Com- thers at the Second Continental Congress; tion of the bald eagle; and mittee on Foreign Relations be author- Whereas the bald eagle is the central (B) to mark the 35th anniversary of the En- ized to meet during the session of the image of the Great Seal of the United States; dangered Species Act of 1973 (16 U.S.C. 1531 et Whereas the image of the bald eagle is dis- seq.); Senate on Wednesday, June 4, 2008, at played in the official seal of many branches Whereas section 7(b) of the American Bald 2:30 p.m. and departments of the Federal Government, Eagle Recovery and National Emblem Com- The PRESIDING OFFICER. Without including— memorative Coin Act (Public Law 108–486; objection, it is so ordered. (1) the Office of the President; 118 Stat. 3937) provides that each surcharge

VerDate Aug 31 2005 08:04 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.114 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5120 CONGRESSIONAL RECORD — SENATE June 4, 2008 received by the Secretary of the Treasury REMOVAL OF INJUNCTION OF SE- ORDERS FOR THURSDAY, JUNE 5, from the sale of a coin issued under that Act CRECY—TREATY DOCUMENT NO. 2008 ‘‘shall be promptly paid by the Secretary to 110–18 the American Eagle Foundation of Ten- Mr. DURBIN. Mr. President, I ask nessee’’ to support efforts to protect the bald Mr. DURBIN. Mr. President, as in ex- unanimous consent that when the Sen- eagle; ecutive session, I ask unanimous con- ate completes its business today, it Whereas, on January 15, 2008, the Secretary sent that the injunction of secrecy be stand adjourned until 9:30 a.m. today, of the Treasury issued 3 limited edition bald removed from the following treaty June 5; that following the prayer and eagle commemorative coins; transmitted to the Senate on June 4, pledge, the Journal of proceedings be Whereas, if not for the vigilant conserva- approved to date, the morning hour be tion efforts of concerned citizens and the en- 2008, by the President of the United actment of strict environmental protection States: Tax Convention with Bulgaria deemed expired, the time for the two laws (including regulations) the bald eagle with Proposed Protocol of Amendment, leaders be reserved for their use later would be extinct; Treaty Document No. 110–18. I further in the day, and the Senate proceed to a Whereas the dramatic recovery of the pop- ask that the treaty be considered as period of morning business for up to 2 ulation of bald eagles is an endangered spe- having been read the first time; that it hours, with Senators permitted to cies success story and an inspirational exam- be referred, with accompanying papers, speak for up to 10 minutes each, with ple for other wildlife and natural resource to the Committee on Foreign Relations the time equally divided and controlled conservation efforts around the world; between the two leaders or their des- Whereas the initial recovery of the popu- and ordered to be printed; and that the lation of bald eagles was accomplished by President’s message be printed in the ignees, with the Republicans control- the concerted efforts of numerous govern- RECORD. ling the first 30 minutes and the major- ment agencies, corporations, organizations, The PRESIDING OFFICER. Without ity controlling the next 30 minutes; I and individuals; and objection, it is so ordered. further ask that following morning Whereas the continuation of recovery, business, the Senate resume consider- The message of the President is as management, and public awareness programs ation of the motion to proceed to Cal- follows: for bald eagles will be necessary to ensure— endar No. 743, S. 3044, the Consumer- (1) the continued progress of the recovery To the Senate of the United States: First Energy Act. of bald eagles; and (2) that the population and habitat of bald I transmit herewith, for Senate ad- The PRESIDING OFFICER. Without eagles will remain healthy and secure for fu- vice and consent to ratification, the objection, it is so ordered. ture generations: Now, therefore, be it Convention Between the Government f of the United States of America and Resolved, That the Senate— the Government of the Republic of Bul- PROGRAM (1) designates June 20, 2008, as ‘‘American Eagle Day’’; garia for the Avoidance of Double Tax- Mr. DURBIN. Mr. President, as a re- (2) applauds the issuance of bald eagle ation and the Prevention of Fiscal Eva- minder, cloture was filed on the sub- commemorative coins by the Secretary of sion With Respect to Taxes on Income, stitute amendment to the climate the Treasury as a means by which to help with accompanying Protocol, signed at change bill. Under the rule, the filing generate critical funds for the protection of Washington on February 23, 2007 (the deadline for first-degree amendments is bald eagles; and ‘‘Proposed Treaty’’), as well as the Pro- 1 p.m. tomorrow. (3) encourages— tocol Amending the Convention Be- (A) educational entities, organizations, tween the Government of the United f businesses, conservation groups, and govern- ment agencies with a shared interest in con- States of America and the Government ADJOURNMENT UNTIL 9:30 A.M. serving endangered species to collaborate of the Republic of Bulgaria for the TOMORROW and develop educational tools for use in the Avoidance of Double Taxation and the Mr. DURBIN. Mr. President, if there public schools of the United States; and Prevention of Fiscal Evasion With Re- is no further business to come before (B) the citizens of the United States to ob- spect to Taxes on Income, signed at the Senate, I ask unanimous consent serve American Eagle Day with appropriate Sofia on February 26, 2008 (the ‘‘Pro- ceremonies and other activities. that it stand adjourned under the pre- posed Protocol of Amendment’’). The vious order. f Proposed Treaty and Proposed Pro- There being no objection, the Senate, tocol of Amendment are consistent MEASURE READ THE FIRST at 12:18 a.m., adjourned until Thursday, with U.S. tax treaty policy. Also trans- June 5, 2008, at 9:30 a.m. TIME—H.R. 6049 mitted for the information of the Sen- Mr. DURBIN. Mr. President, I under- ate is the report of the Department of f stand that H.R. 6049 has been received State with respect to the Proposed NOMINATIONS from the House and is at the desk. I Treaty and Proposed Protocol of ask for its first reading. Amendment. Executive nominations received by the Senate: The PRESIDING OFFICER. The The Proposed Treaty generally re- clerk will report the bill by title. duces the withholding tax on cross-bor- UNITED STATES SENTENCING COMMISSION The legislative clerk read as follows: der dividend, interest, and royalty pay- WILLIAM B. CARR, JR., OF PENNSYLVANIA, TO BE A MEMBER OF THE UNITED STATES SENTENCING COMMIS- A bill (H.R. 6049) to amend the Internal ments. Importantly, the Proposed SION FOR A TERM EXPIRING OCTOBER 31, 2011, VICE JOHN Revenue Code of 1986 to provide incentives Treaty generally eliminates with- R. STEER. for energy production and conservation, to holding tax on cross-border dividend IN THE AIR FORCE extend certain expiring provisions, to pro- payments to pension funds and cross- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- vide individual income tax relief, and for border interest payments made to fi- MENT TO THE GRADE INDICATED IN THE REGULAR AIR other purposes. FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): nancial institutions. The Proposed To be major Mr. DURBIN. Mr. President, I ask for Treaty also contains provisions, con- its second reading and I object to my sistent with current U.S. tax treaty JOHN L. BAEKE own request. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- policy, that are designed to prevent so- MENT TO THE GRADE INDICATED IN THE REGULAR AIR The PRESIDING OFFICER. Objec- called treaty shopping. The Proposed FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): tion is heard. Protocol of Amendment further To be major f strengthens these treaty shopping pro- JOSEPH C. LEE visions. SHERRIE L. MORGAN SIGNING AUTHORIZATION BRAD A. NIESET I recommend that the Senate give THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- Mr. DURBIN. Mr. President, I ask early and favorable consideration to MENT TO THE GRADES INDICATED IN THE REGULAR AIR unanimous consent that the majority the Proposed Treaty and give its advice FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): leader, Senator REID of Nevada, be au- and consent to ratification to both the To be lieutenant colonel thorized to sign duly enrolled bills and Proposed Treaty and the Proposed Pro- ROBERT B. KOHL joint resolutions through June 9, 2008. tocol of Amendment. JAMES J. REYNOLDS The PRESIDING OFFICER. Without GEORGE W. BUSH. To be major objection, it is so ordered. THE WHITE HOUSE June 4, 2008. RICHARD P. ANDERSON

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BRUNO KALDRE STEPHANIE M. SMART WILLIAM T. SKINNER ALVIN W. ROWELL JONATHAN S. THOW MICHELLE C. SKUBIC PETER G. STAMATOPOULOS IN THE ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES J. WEISER TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR CARL F. WEISS UNDER TITLE 10, U.S.C., SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE ANDREW F. WICKARD UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER To be captain TITLE 10, U.S.C., SECTIONS 531 AND 3064: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANGELICA L. C. ALMONTE TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be major KATHY T. BECKER UNDER TITLE 10, U.S.C., SECTION 624: PATRICE D. BIBEAU JOHN KISSLER TERRY V. BOLA To be captain THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR DEBRA P. CARTER APPOINTMENT TO THE GRADES INDICATED IN THE JEAN B. COMLISH DEBRA A. ARSENAULT UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, CYNTHIA J. GANTT KEVIN K. BACH U.S.C., SECTIONS 531 AND 3064: PAMELA R. HATALA TANIS M. BATSEL JAMIE M. KERSTEN ABHIK K. BISWAS To be lieutenant colonel SARAH L. MARTIN MICHAEL L. BURLESON MARK A. ARTURI ANNE M. MITCHELL DUANE C. CANEVA LISA K. WILLIS ELIZABETH B. MYHRE DARYL K. DANIELS MARY S. NADOLNY DAVID M. DELONGA To be major MARY K. NUNLEY DAMIAN P. DERIENZO MAUREEN M. PENNINGTON DANA F. CAMPBELL NANCY G. DIXON ANDREW P. SPENCER WALTER M. DOWNS, JR. THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR LISA K. STENSRUD TIMOTHY D. DUNCAN APPOINTMENT TO THE GRADES INDICATED IN THE MARY A. SUTHERLAND JUDITH E. EPSTEIN DICK W. TURNER UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, ROBERT W. FARR NANCY J. WALKER U.S.C., SECTIONS 531 AND 3064: TONIANNE FRENCH To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EMORY A. FRY TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRADEN R. HALE KATHLEEN AGOGLIA UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL J. HARRISON To be major To be captain KURT A. S. HENRY WARREN S. INOUYE ROBERT NICHOLS SMITH C. E. BARONE CHRISTOPHER J. JANKOSKY JAMES R. TAYLOR JOHN D. BLOOM ANDREW S. JOHNSON WILLIAM R. K. DAVIDSON SARA M. KASS THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR K. K. ERICKSON JOHN C. KING APPOINTMENT TO THE GRADES INDICATED IN THE RICK FREEDMAN KENNETH C. KUBIS UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, JEANETTE M. GORTHY U.S.C., SECTIONS 531 AND 3064: FREDERICK J. LANDRO MATTHEW J. GRAMKEE GARY W. LATSON To be lieutenant colonel ALAN F. HAMAMURA LAWRENCE L. LECLAIR DAVID H. HARTZELL WILLIAM M. LEININGER ROBERT J. EGIDIO HOLLY D. HATT ALAN A. LIM DOUGLAS MACGREGOR MARIA I. KORSNES JOHN S. LOCKE To be major FRANCISCO R. LEAL ROBERT P. MARTIN MICHAEL G. MARKS STEPHEN D. MATTSON LINDA L. ABEL PAUL G. OLOUGHLIN TERENCE M. MCGEE DALE W. ASBURY MARK F. ROBACK KIMBERLY M. MCNEIL MICHAEL J. ROSSI PETER A. RUOCCO JOSEPH G. MCQUADE ALAN Z. SIEDLECKI GARRY SCHULTE BARTH E. MERRILL GAYLE D. SHAFFER IN THE NAVY JOHN C. NICHOLSON MARTA W. TANAKA JOHN D. OBOYLE THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- NGOC N. TRAN MAUREEN O. PADDEN MENT TO THE GRADE INDICATED IN THE UNITED STATES CAROL D. WEBER EDWIN Y. PARK NAVY UNDER TITLE 10, U.S.C., SECTION 531: CURTIS M. WERKING PATRICIA V. PEPPER To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALAN F. PHILIPPI TO THE GRADE INDICATED IN THE UNITED STATES NAVY VISWANADHAM POTHULA MICHAEL J. MASELLY UNDER TITLE 10, U.S.C., SECTION 624: MARK D. PRESSLEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain JOHN G. RAHEB TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT R. REICHARD UNDER TITLE 10, U.S.C., SECTION 624: ROLAND E. ARELLANO JONATHAN W. RICHARDSON TIMOTHY D. BARNES PAUL D. ROCKSWOLD To be captain LEA A. BEILMAN KEVIN L. RUSSELL HILLARY KING, JR. SEAN BIGGERSTAFF ROBERT N. SAWYER JAMES E. WATTS LANNY L. BOSWELL, JR. RICHARD P. SHARPE JIMMY A. BRADLEY MARTIN P. SORENSEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRY R. CIOLORITO WILLIAM A. SRAY TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANDREW M. DAVIDSON MARK B. STEPHENS UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL E. EBY JONATHAN F. STINSON To be captain DAVID P. GRAY DALE F. SZPISJAK DAVID L. HAMMELL ANIL TANEJA ROOSEVELT H. BROWN LINDA S. HITE DAVID A. TANEN WALTER E. EAST JOHN W. LEFAVOUR WILLIAM J. TANNER WILLIAM K. FAUNTLEROY MARGARET A. LLUY JON T. UMLAUF MARTIN D. MCCUE ROBERT L. KEANE JOHN E. WANEBO LESLIE A. MOORE WILLIAM M. KENNEDY MICHAEL S. WEINER REGINA P. ONAN CRAIG G. MUEHLER CLIFTON WOODFORD MARK W. SMITH JEFFREY M. PLUMMER DALE C. WHITE JAMES B. POINDEXTER III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARIN P. ROGERS TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT M. SCHLEGEL UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID B. SERVICE UNDER TITLE 10, U.S.C., SECTION 624: MICHELE L. WEINSTEIN To be commander To be captain DOUGLAS E. WELCH MARVA L. WHEELER MICHAEL L. BAKER DAVID R. BUSTAMANTE LEONARDO A. DAY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID B. CORTINAS MARK A. IMBLUM TO THE GRADE INDICATED IN THE UNITED STATES NAVY KATHRYN A. DONOVAN KWAN LEE UNDER TITLE 10, U.S.C., SECTION 624: ANTONIO M. EDMONDS PATRICK J. PATERSON CRAIG S. HAMER To be captain JASON R. J. TESTA GREGORY W. HARSHBERGER SAM J. VALENCIA CHRISTOPHER BOWER LEWIS S. HURST CHAD G. WAHLIN CHRISTOPHER J. LACARIA BRUCE R. BRETH CHRISTOPHER S. LAPLATNEY RONALD K. CARR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL A. MCNAIR TIMOTHY W. COLYER TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS G. MORRIS PIERRE C. COULOMBE UNDER TITLE 10, U.S.C., SECTION 624: LAURENCE J. READAL ROBERT R. COX 0ODNEY O. WORDEN DAVID F. CRUZ To be commander KENNETH DIXON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN M. GOODWIN BRENT T. CHANNELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY GREGORY A. HAJZAK MITCHELL R. CONOVER UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM P. HAYES CLEDO L. DAVIS To be captain CHARLES K. HEAD SHAWN M. DISARUFINO ROBERT D. HECK SCOTT B. JOSSELYN VIDA M. ANTOLINJENKINS BETH A. HOWELL KERRY D. KUYKENDALL PAMELA E. C. BALL ROBERT E. HOWELL BLAINE S. LORIMER STEVEN M. BARNEY FRANK J. HRUSKA RICHARD M. PLAGGE KEVIN M. BREW DONALD S. HUGHES LAURA A. SCHUESSLER FRANCIS J. BUSTAMANTE ROBERT M. JENNINGS MICHAEL J. SUPKO JAMES R. CRISFIELD, JR. STEVEN W. KINSKIE MATTHEW C. DOLAN RONALD J. KOCHER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID J. GRUBER JAMES R. LIBERKO TO THE GRADE INDICATED IN THE UNITED STATES NAVY ERROL D. HENRIQUES CHRISTOPHER S. MOSHER UNDER TITLE 10, U.S.C., SECTION 624: PAUL C. KIAMOS ANDREW B. MUECK SCOTT J. LAURER THEODORE C. OLSON To be commander GORDON E. MODARAI JOHN T. PALMER CHARLES N. PURNELL II MICHAEL J. ROPIAK ALLEN C. BLAXTON

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KENNETH J. BROWN, JR. ADAM C. LYONS JULIANA F. ANTONACCI GERALD A. COOK BRADLEY F. MAAS CHRISTOPHER E. ARCHER CHRISTOPHER J. COUCH ERIK R. MARSHBURN MATTHEW L. ARNY DUANE L. DECKER DARRELL NEALY MARTIN F. ARRIOLA CHRISTOPHER HAMMOND BRAULIO PAIZ BRAD L. ARTHUR MICHAEL H. MCCURDY MARGARET M. SCHULT SCOTT M. ASACK MARK E. NIETO SATISH SKARIAH KUMAR ATARTHI JEFFREY J. PRONESTI BYRON B. SNYDER CHRISTOPHER J. ATKINSON DAVID L. SPENCER CHARLES A. P. TURNER KEVIN L. AUSTIN JOEL R. TESSIER WILLIAM R. WAGGONER CONNIE J. AVERY MICHELLE G. YOUNG ADAM M. AYCOCK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT L. BAHR TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EUGENE R. BAILEY UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANTHONY P. BAKER UNDER TITLE 10, U.S.C., SECTION 624: To be commander BOBBY J. BAKER To be commander BRADFORD W. BAKER MARC E. BOYD BRETT T. BAKER CHARLES W. BROWN TIMOTHY A. BARNEY JOHN A. BALTES AMY E. DERRICKFROST STUART R. BLAIR ROBERT C. BARBEE BRADLEY A. FAGAN DANIEL J. COLPO JONATHAN B. BARON KATHERINE E. GOODE KATHERINE M. DOLLOFF STEVEN M. BARR THURRAYA S. KENT HAROLD W. DUBOIS DAVID S. BARTELL SCOTT D. MCILNAY DANIEL W. ETTLICH CHARLES B. BASSEL DAVID L. NUNNALLY KEVIN R. GALLAGHER AMY N. BAUERNSCHMIDT MONICA M. ROUSSELOW TRENT R. GOODING DANIEL V. BAXTER MELISSA J. SCHUERMANN TIMOTHY N. HANEY JOSEPH M. BAXTER ELISSA J. SMITH JAMES W. HARRELL WILLIAM H. BAXTER MATTHEW A. HAWKS BRIAN C. BECKER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW P. JOHNSON JOEL R. BECKER TO THE GRADE INDICATED IN THE UNITED STATES NAVY JON A. JONES JAMES W. BELL UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH J. KELLER PAUL J. BERNARD To be commander DANIEL L. LANNAMANN JEFFREY A. BERNHARD BRIAN D. LAWRENCE JOSEPH J. BIONDI TODD E. BARNHILL ASSUNTA M. C. LOPEZ JOHN R. BIXBY MARK D. BUTLER PHILIP E. MALONE MICHAEL F. BLACK WENDY A. CHICOINE BRIAN A. METCALF BRENT M. BLACKMER RICHARD K. CONSTANTIAN RONNIE L. MOON JEFFREY D. BLAKE CHRISTOPHER L. GABRIEL ELIZABETH S. OKANO JAMES R. BLANKENSHIP SCOTT A. KEY KARL F. PRIGGE TODD D. BODE MARVIN B. MCBRIDE III JACK S. RAMSEY, JR. MATTHEW J. BONNER MATTHEW J. MOORE JOHN ROROS DALE W. BOPP JOHN W. SIMMS JONATHAN E. RUCKER KEVIN D. BORDEN NEIL T. SMITH JACK W. RUST JAMES P. M. BORGHARDT TIMOTHY B. SMITH MARIA E. SILSDORF MICHAEL L. BOSSHARD PAULA H. TRAVIS DANA F. SIMON PAUL D. BOWDICH DOMINICK A. VINCENT KEVIN R. SMITH ERIC J. BOWER STEPHEN D. TOMLIN COLIN A. BOWSER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JONATHON J. VANSLYKE BRIAN D. BOYCOURT TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN K. VAZQUEZ KEVIN P. BOYKIN UNDER TITLE 10, U.S.C., SECTION 624: GUSTAVO J. VERGARA SEAN P. BOYLE VINCENT C. WATSON JOSEPH P. BOZZELLI To be commander DOUGLAS A. BRADLEY EDWARD F. BOSQUE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW J. BRAUN CHRISTINE J. CASTON TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL S. BRAUN VICKY A. CUMMINGS UNDER TITLE 10, U.S.C., SECTION 624: DAVID A. BRETZ NICOLE L. DERAMUS To be commander GEORGE D. BRICKHOUSE III NANCY J. FINK BRADEN O. BRILLER STEVEN F. FRILOUX ALBERT ANGEL SCOTT A. BRIQUELET OUDREY HERVEY TODD R. BOONE PHILIP M. BROCK JOHN R. LESKOVICH PHILIP N. CAMPBELL ROBERT D. BRODIE TARA M. MCARTHURMILTON ANDREW N. COREY AARON G. BRODSKY ERIN A. MCAVOY MATTHEW G. DISCH CHARLES W. BROWN IV SHEILA A. NOLES PATRICK J. DRAUDE CHRISTOPHER D. BROWN RICHARD OBREGON EDWIN D. EXUM JEREMY D. BRUNN ALEJANDRO E. ORTIZ JEFFREY S. FREELAND CHADWICK B. BRYANT SHARON L. PERRY JON R. GABRIELSON JOSEPH G. BUCKLER DANIELLE A. PICCO VINCENT C. GIAMPIETRO CHRISTOPHER J. BUDDE KAREN L. SRAY EMILY P. HAMPTON MICHAEL L. BURD KIM C. WILLIAMS BRIAN D. HOFFER COLVERT P. BURGOS MATTHEW F. HOPSON JASON A. BURNS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY J. JAKUBOSKI MATTHEW J. BURNS TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER L. JONES CHRISTOPHER BUZIAK UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER R. KOPACH GREGORY D. BYERS To be commander ROBERT W. KRAFT ROBERT L. BYERS RICHARD J. LEGRANDE, JR. KEVIN P. BYRNE JOHN D. BANDY DEREK L. MACINNIS MARCELLO D. CACERES DAMIAN S. BLOSSEY STEVEN A. NEWTON DANIEL W. CALDWELL RICHARD A. BORDEN EDWARD J. PADINSKE JOHN R. CALLAWAY BERNARD J. BOSSUYT WILLIAM D. J. PHARIS CURTIS S. CALLOWAY JOSEPH E. BRENNAN CHAD E. PIACENTI DARRELL S. CANADY JAMES L. CAROLAND ADAM D. PORTER MARVIN W. CARLIN II MICHAEL S. COONEY JEFFREY P. RICHARD ARON S. CARMAN GUY H. EVANS KIM H. RIGAZZI GREGORY P. CARO PETER GIANGRASSO DAVID C. SASSER DOMINIC S. CARONELLO VANESSA P. HAMM LAWRENCE E. SHAFFIELD JOSEPH CARRIGAN JOHN P. HIBBS TROY A. SHOULDERS RYAN T. CARRON CHRISTOPHER E. HOWSE MIRIAM K. SMYTH JEFFREY J. CARTY STEVEN T. HUDSON BENJAMIN A. SNELL ROBERT A. CASPER, JR. WILLIAM J. KRAMER THOMAS D. VANDERMOLEN GREGORY F. CHAPMAN DANNY L. NOLES MATTHEW A. VERICH CHI K. CHEUNG GREG L. NYGARD HIRAM J. WEEDON JAMES D. CHRISTIE BOSWYCK D. OFFORD THOMAS P. WYPYSKI CHRISTOPHER F. CIGNA WILLIAM A. PETERSON CARLOS J. CINTRON VANE A. RHEAD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHAD C. CISCO MICHAEL RIGGINS TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER J. CIZEK CHRISTOPHER P. SLATTERY UNDER TITLE 10, U.S.C., SECTION 624: BENEDICT D. CLARK JULIA L. SLATTERY To be commander CHARLES M. COHN FRED K. STRATTON LANCE A. COLLIER ABRAHAM A. THOMPSON JONATHAN Q. ADAMS PETER M. COLLINS DAVID C. VANBRUNT SHANE A. AHALT KYLE J. COLTON JEFFREY L. WILLIAMS BRADLEY A. ALANIZ MATTHEW B. COMMERFORD LEOPOLDO S. J. ALBEA JOHN C. COMPTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MITCHELL W. ALBIN MICHAEL P. CONNOR TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRENT A. ALFONZO ERIC L. CONZEN UNDER TITLE 10, U.S.C., SECTION 624: ERIK P. ALFSEN TIMOTHY V. COOKE To be commander JASON C. ALLEYNE PETER A. CORRAO, JR. QUINO P. ALONZO, JR. ERIC C. CORRELL CLAUDE W. ARNOLD, JR. CHRISTOPHER D. ANDERSON GREGORY B. COTTEN VINCENT A. AUGELLI EDWARD T. ANDERSON DANIEL P. COVELLI RODNEY J. BURLEY JAMES A. ANDERSON SHAWN R. COWAN JEFFREY D. BUSS KEVIN S. ANDERSON JOHN S. CRANSTON WILLIAM M. CARTER SEAN R. ANDERSON ANTHONY C. CREGO GEORGE D. DAVIS III BRADLEY J. ANDROS RYAN P. CROLEY BRIAN ERICKSON ERIC J. ANDUZE ADAN G. CRUZ IDELLA R. FOLGATE CHRISTOPHER ANGELOPOULOS PATRICK J. CUMMINGS ANDREW D. GAINER EDAN B. ANTOINE WARREN E. CUPPS WYATTE B. JONESCOLEMAN JULITO T. ANTOLIN, JR. TIMOTHY S. CURRY

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DOUGLAS W. CZARNECKI KEITH E. HARTMAN STUART M. MATTFIELD NOEL J. DAHLKE JOEL HARVEY DAVID R. MATZAT PAUL M. DALE SCOTT A. HARVEY JAY A. MATZKO JOSEPH J. DANTONE III DANIEL E. HARWOOD MICHAEL D. MAXWELL DEARCY P. DAVIS IV KEITH A. HASH MICHAEL A. MCABEE DANIEL M. DEGNER MICHAEL E. HAYES DARREN F. MCCLURG CARL W. DEGRACE DANIEL A. HEIDT CHRISTOPHER R. MCDOWELL TRES D. DEHAY BRYN J. HENDERSON, JR. EARL L. MCDOWELL TOM S. DEJARNETTE LAWRENCE H. HENKE III SEAN G. MCKAMEY KEVIN H. DELANO WILLIAM C. HERRMANN JOHN M. MCKEON, JR. STEPHEN J. DELANTY ANDREW C. HERTEL KEVIN M. MCLAUGHLIN PAUL C. DEMARCELLUS TURHAN I. HIDALGO GREGORY E. MCRAE CHRISTOPHER R. DEMAY SCOTT M. HIELEN ROBERT F. MEDVE STEVEN H. DEMOSS ROBIN L. HIGGS LAWRENCE E. MEEHAN HOMER R. DENIUS III STEPHEN F. HIGUERA RICHARD M. MEYER ERIC T. DEWITT CRAIG A. HILL KEVIN P. MEYERS ROBERT L. DEWITT, JR. JEREMY R. HILL MARC J. MIGUEZ MICHAEL J. DILLENDER CHADWICK Q. HIXSON ANDREW S. MILLER PAUL K. DITCH KEITH A. HOLIHAN JAMES B. MILLER CHARLES S. DITTBENNER II ROBERT C. HOLLOWAY JAMES E. MILLER CORY A. DIXON MARK F. HOLZRICHTER JEFFREY A. MILLER THOMAS J. DIXON PATRICK C. HONECK MATTHEW A. MILLER SHAWN C. DOMINGUEZ DAVID HOPPER MICHAEL J. MILLER ELLIOTT J. DONALD BRIAN S. HORSTMAN PHILIP S. MILLER BRAD P. DONNELLY JACK E. HOUDESHELL STEVEN L. MILLER RONALD A. DOWDELL MONROE M. HOWELL II DENNIS I. MILLS DAVID M. DOWLER GREGORY W. HUBBARD THOMAS P. MONINGER RICHARD H. DOWNEY TODD C. HUBER CHRISTOPHER T. MONROE DAVID W. DRY KEVIN D. HUDSON JOHN F. MONTGOMERY RICHARD F. DUBNANSKY, JR. JAMES H. HUMPHREY JAMES E. MOONIER III DWAYNE D. DUCOMMUN MARK C. HUSTIS ANTHONY D. MOORE JONATHAN C. DUFFY ROBERT H. HYDE KENT W. MOORE ERIC V. DUKE MATTHEW C. JACKSON DAVID A. MORALES CHRISTIAN A. DUNBAR STEPHEN J. JACKSON PATRICK J. MORAN GRANT A. DUNN JAMES E. JACOBS EDGARDO A. MORENO JAMES P. DUNN III DAVID C. JAMES CHARLES D. MORGAN, JR. ROBERT M. DURLACHER LUKE P. JAMES WALTER S. MORGAN DAVID C. DYE STEVEN M. JAUREGUIZAR DANIEL B. MORIO CLINTON S. EANES BRYAN L. JOHNSON DANIEL MORITSCH JASON C. EATON DAVID R. JOHNSON JOEL E. MOSS JAMES W. EDWARDS, JR. IAN L. JOHNSON MARTIN J. MUCKIAN MICHAEL L. EGAN VINCENT R. JOHNSON KEVIN M. MULLANEY ANDREW C. EHLERS MICHAEL S. JOHNSTON THOMAS P. MURPHY TODD EHRHARDT GARRETT D. JONES WILLIAM J. P. MURPHY EDWARD T. EISNER MICHAEL K. JONES IV JAMES MUSGRAVES BRIAN P. ELKOWITZ RUSSELL W. JONES CHRISTOPHER A. NASH JENNIFER L. ELLINGER THOMAS C. KAIT, JR. STEVEN T. NASSAU WILLIAM R. ELLIS, JR. ROBERT A. KAMINSKI DARREN W. NELSON DIRK W. ELWELL RONALD J. KARUN, JR. CHRISTOPHER A. NERAD PHILIP L. ENGLE, JR. DAVID E. KAUFMAN BENJAMIN R. NICHOLSON DAVID G. ERICKSON SEAN D. KEARNS MARK A. NICHOLSON DANILO A. ESPIRITU RICHARD M. KELLY MATTHEW R. NIEDZWIECKI TODD M. EVANS MARK T. KELSO PETER K. NILSEN DARIN A. EVENSON COREY J. KENISTON ERIK R. NILSSON DOUGLAS A. FACTOR JOHN D. KENNARD CHRISTOPHER P. NODINE DANIEL S. FAHEY MATTHEW J. KENNEDY BRUCE D. NOLAN JOSEPH FAUTH CALEB A. KERR MICHAEL E. NOONAN JOHN H. FERGUSON CHRISTIAN N. KIDDER CASSIDY C. NORMAN MARK A. FERLEY JACKIE L. KILLMAN MICHAEL B. ODRISCOLL TOMMY L. FIFER ANDREW J. KIMSEY JAMES E. OHARRAH, JR. ROBERT D. FIGGS CHRISTOPHER J. KIPP RUDOLPH M. OHME III JOHN A. FISCHER JONATHAN P. KLINE DAVIN J. OHORA CHRISTOPHER E. FLAHERTY CARY M. KNOX MICHAEL A. OLEARY STEPHEN A. FLAHERTY KIRK A. KNOX GERALD R. OLIN II BRIAN C. FLICK JOHN N. KOCHENDORFER BRIAN J. OLSWOLD JORGE R. FLORES ANDREW P. KOELSCH BARRY C. PALMER, JR. GEORGE A. FLOYD MATTHEW G. KONOPKA BRADY R. PALMERINO CHRISTOPHER S. FORD JOHN R. KOON TIMOTHY V. PARKER DAVID E. FOWLER JEFFREY K. KRAUSE, JR. JAMES B. PARKERSON JOHN H. FOX RICHARD E. KREH, JR. GREGORY R. PARKINS JOEY L. FRANTZEN ROBERT A. KRIVACS CHESTER T. PARKS HARRY P. FULTON III JAMES W. KUEHL CHASE D. PATRICK JOHN C. GALLEGRO BRIAN S. KULLEY ERIK R. PATTON FERNANDO GARCIA ARMEN H. KURDIAN SAMUEL D. PENNINGTON KARL GARCIA MATTHEW A. LABONTE WILLIAM A. PERKINS MICHAEL S. GARRICK VICTOR A. LAKE JOHN E. PERRONE BRENT C. GAUT DAVID J. LALIBERTE DAVID R. PERRY SAM R. GEIGER JASON D. LAMB GEORGE M. PERRY ERIC E. GEORGE PAUL J. LANZILOTTA MATTHEW J. PERUN FRANK E. GIANOCARO BRENT B. LAPP CHRISTOPHER L. PESILE TIMOTHY M. GIBBONEY JOSHUA LASKY ROBERT E. PETERS SCOTT A. GILES GARY W. LAUCK BRIAN M. PETERSON MARCO P. GIORGI ERIC J. LEDNICKY TODD O. PETTIBON DAVID A. GIVEY HEATHER B. LEE MICHAEL PFARRER CHRISTOPHER F. J. GLANZMANN STEVEN S. LEE MATTHEW A. PHILLIPS ANTHONY S. GLOVER CHRISTOPHER L. LEGRAND THOMAS E. PLOTT II CHADWICK A. GODLEWSKI CHRIS W. LEWIS STEPHEN R. POLK FREDERIC C. GOLDHAMMER CARL M. LIBERMAN MATTHEW R. POTHIER DANIEL C. GORDON ERIC C. LINDFORS PHILLIP E. POURNELLE WILLIAM M. GOTTEN, JR. HOWARD B. LINK, JR. STEVEN A. PRESCOTT MATTHEW M. GRAHAM DANIEL A. LINQUIST JOB W. PRICE TAMARA K. GRAHAM JONATHAN D. LIPPS PAUL G. PROKOPOVICH CHARLES R. GRASSI JOSEPH A. LISTOPAD BRIAN K. PUMMILL GREGGORY A. GRAY KEVIN D. LONG KENNETH N. RADFORD HOWARD C. GRAY ROBERT E. LOUGHRAN, JR. ARMANDO RAMIREZ, JR. SCOTT W. GRAY JAMES P. LOWELL BRIAN H. RANDALL JOHN P. GREENE MICHAEL D. LUCKETT CAMERON P. RATKOVIC MARK D. GROB LANCE J. LUKSIK WERNER J. RAUCHENSTEIN DARREN B. GUENTHER JONATHAN D. MACDONALD WILLIAM K. RAYBURN JOSEPH H. GUERREIN III GERALD J. MACENAS II NATHANIEL R. REED SCOTT A. GUNDERSON LLOYD B. MACK JOHN K. REILLEY JEREMY W. GUNTER DANIEL L. MACKIN MARK C. REYES RUSSELL S. GUTHRIE MICHAEL D. MACNICHOLL JAMES P. REYNOLDS EDDY HA DANIEL P. MALATESTA THOMAS S. REYNOLDS IN H. HA WILLIAM H. MALLORY RICHARD G. J. RHINEHART MICHAEL D. HAAS SHAWN K. MANGRUM JOHN S. RICE CRAIG A. HACKSTAFF MICHAEL R. MANSISIDOR JUSTIN B. RICHARDS KEVIN K. HAGAN NORMAN E. MAPLE MATTHEW S. RICK BRIAN J. HAMLING DONALD W. MARKS JOSEPH J. RING BRANDON S. HAMMOND TIMOTHY S. MARKS MICHAEL J. RIORDAN IV PATRICK D. HANRAHAN WILLIAM D. MARKS, JR. RONALD RIOS WILLIAM B. HANRAHAN CHRISTOPHER D. MARSH JESS V. RIVERA JAMES K. HANSEN JAMES J. MARSH RAYMOND A. RIVERA KEVIN K. HANSON RAYMOND B. MARSH II RICHARD A. RIVERA BRANDAN D. HARRIS ANDREW S. MARSHALL TRISTAN G. RIZZI MICHAEL T. HARRISON VINCENT S. MARTIN ANTHONY C. ROACH GALEN R. HARTMAN ANTHONY P. MASSLOFSKY MATTHEW P. ROBERTS

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DENNIS A. ROBERTSON MICHAEL J. WEAVER DEPARTMENT OF STATE MICHAEL P. ROBLES RICHARD M. WEEDEN JOSE L. RODRIGUEZ HERSCHEL W. WEINSTOCK JAMES K. GLASSMAN, OF CONNECTICUT, TO BE UNDER ERICH P. ROETZ MICHAEL C. WELDON SECRETARY OF STATE FOR PUBLIC DIPLOMACY WITH DOUGLAS W. ROSA JOHN M. WENKE, JR. THE RANK OF AMBASSADOR. ANTHONY E. ROSSI STEWART M. WENNERSTEN KENNETH S. ROTHAERMEL CHRISTOPHER C. WESTPHAL POSTAL REGULATORY COMMISSION AARON P. ROULAND TODD E. WHALEN NANCI E. LANGLEY, OF VIRGINIA, TO BE A COMMIS- MICHAEL R. ROYLE JENNIFER L. WHEREATT SIONER OF THE POSTAL REGULATORY COMMISSION FOR JONATHAN C. RUSSELL WILLIAM WHITE A TERM EXPIRING NOVEMBER 22, 2012. MICHAEL D. RUSSO ULYSSES V. WHITLOW DANIEL K. RYAN, JR. WILLIAM C. WHITSITT DEPARTMENT OF COMMERCE BRENT D. SADLER JENNIFER K. WILDERMAN LUIS E. SANCHEZ, JR. STEVEN R. WILKINSON WILLIAM J. BRENNAN, OF MAINE, TO BE ASSISTANT THOMAS M. SANTOMAURO AMAHL K. WILLIAMS SECRETARY OF COMMERCE FOR OCEANS AND ATMOS- CHRISTOPHER P. SANTOS CHRISTIAN B. WILLIAMS PHERE. ANTHONY M. SAUNDERS MICHAEL J. WILLIAMS LILY FU CLAFFEE, OF ILLINOIS, TO BE GENERAL COUN- MARK A. SCHAFER IAN O. WILLIAMSON SEL OF THE DEPARTMENT OF COMMERCE. JASON B. SCHEFFER BRIAN A. WILSON DAVID J. SCHLESINGER THOMAS A. WINTER DEPARTMENT OF STATE JOHN P. SCHULTZ ROBERT E. WIRTH MARCIA STEPHENS BLOOM BERNICAT, OF NEW JERSEY, KEVIN P. SCHULTZ JONATHAN R. WISE A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, JAYSON W. SCHWANTES JEFFREY P. WISSEL CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR MARC S. SCOTCHLAS CHRISTOPHER C. WOHLFELD EXTRAORDINARY AND PLENIPOTENTIARY OF THE DAVID C. SEARS ALAN M. WORTHY UNITED STATES OF AMERICA TO THE REPUBLIC OF SEN- MICHAEL S. SEATON STACEY K. WRIGHT EGAL, AND TO SERVE CONCURRENTLY AND WITHOUT AD- CHRISTOPHER M. SENENKO MATTHEW J. WUKITCH DITIONAL COMPENSATION AS AMBASSADOR EXTRAOR- SHANTI R. SETHI STEVEN A. WYSS DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ERIC L. SEVERSEIKE DAVID J. YODER OF AMERICA TO THE REPUBLIC OF GUINEA-BISSAU. DANIEL A. SHAARDA STACEY W. YOPP MARIANNE MATUZIC MYLES, OF NEW YORK, A CAREER WILLIAM K. SHAFLEY III NATHAN S. YORK MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JULIE H. SHANK DAVID A. YOUTT MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- BLANE T. SHEARON PHILIP W. YU DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THOMAS A. SHEPPARD RANDY ZAMORA OF AMERICA TO THE REPUBLIC OF CAPE VERDE. SCOTT H. SHERARD GREGORY M. ZETTLER LINDA THOMAS-GREENFIELD, OF LOUISIANA, A CA- MATTHEW B. SHIPLEY EDMUND L. ZUKOWSKI REER MEMBER OF THE SENIOR FOREIGN SERVICE, WILLIAM C. SHOEMAKER MARK T. ZWOLSKI THOMAS E. SHULTZ CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR CRAIG C. SICOLA f EXTRAORDINARY AND PLENIPOTENTIARY OF THE DAVID W. SIMMONS UNITED STATES OF AMERICA TO THE REPUBLIC OF LIBE- TYREL T. SIMPSON DISCHARGED NOMINATIONS RIA. STEPHEN D. SIMS JOSEPH EVAN LEBARON, OF OREGON, A CAREER MEM- LEE P. SISCO The Senate Committee on Banking, BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- TRAVIS D. SISK Housing, and Urban Affairs was dis- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- CHARLES W. SITES DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JAMES C. SLAIGHT charged from further consideration of OF AMERICA TO THE STATE OF QATAR. GREGORY A. SLEPPY the following nomination and the nom- STEPHEN JAMES NOLAN, OF VIRGINIA, A CAREER MEM- CARL C. SMART BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- BENJAMIN P. SMITH ination was held at the desk: ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- CHARLES R. SMITH DINARY AND PLENIPOTENTIARY OF THE UNITED STATES STEVEN C. PRESTON, OF ILLINOIS, TO BE SECRETARY COLIN S. G. SMITH OF AMERICA TO THE REPUBLIC OF BOTSWANA. OF HOUSING AND URBAN DEVELOPMENT. ERIC B. SMITH DONALD E. BOOTH, OF VIRGINIA, A CAREER MEMBER ROBERT S. SMITH The Senate Committee on Health, OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- RYAN C. SMITH COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND WILLIAM A. SMITH IV Education, Labor, and Pensions was PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA WILLIAM H. SNYDER III discharged from further consideration TO THE REPUBLIC OF ZAMBIA. WILLIAM E. SOLOMON III GILLIAN ARLETTE MILOVANOVIC, OF PENNSYLVANIA, GABRIEL E. SOLTERO of the following nominations and the A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, ERNEST L. SPENCE nominations were confirmed: CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR CHAD W. SPENCER EXTRAORDINARY AND PLENIPOTENTIARY OF THE JULIE A. SPENCER NANCY M. ZIRKIN, OF MARYLAND, TO BE A MEMBER OF UNITED STATES OF AMERICA TO THE REPUBLIC OF MICHAEL T. SPENCER THE BOARD OF DIRECTORS OF THE UNITED STATES IN- MALI. AXEL W. SPENS STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, DONALD GENE TEITELBAUM, OF TEXAS, A CAREER LOUIS J. SPRINGER 2011. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF SCOTT S. SPRINGER J. ROBINSON WEST, OF THE DISTRICT OF COLUMBIA, TO MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- BRUCE R. STANLEY, JR. BE A MEMBER OF THE BOARD OF DIRECTORS OF THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES HARRY F. STATIA UNITED STATES INSTITUTE OF PEACE FOR A TERM EX- OF AMERICA TO THE REPUBLIC OF GHANA. MARK O. STEARNS PIRING JANUARY 19, 2011. ROBERT STEPHEN BEECROFT, OF CALIFORNIA, A CA- PAUL J. STEINBRENNER KERRY KENNEDY, OF NEW YORK, TO BE A MEMBER OF REER MEMBER OF THE SENIOR FOREIGN SERVICE, JEFFREY C. STEVENS THE BOARD OF DIRECTORS OF THE UNITED STATES IN- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- JONATHAN L. STILL STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MARK G. STOCKFISH 2011. OF AMERICA TO THE HASHEMITE KINGDOM OF JORDAN. CHRISTOPHER D. STONE IKRAM U. KHAN, OF NEVADA, TO BE A MEMBER OF THE RICHARD E. HOAGLAND, OF THE DISTRICT OF COLUM- JAMES L. STORM BOARD OF DIRECTORS OF THE UNITED STATES INSTI- BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- NATHANIEL J. STRANDQUIST TUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, 2009. ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- TABB B. STRINGER STEPHEN D. KRASNER, OF CALIFORNIA, TO BE A MEM- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF CHRISTOPHER P. STUART BER OF THE BOARD OF DIRECTORS OF THE UNITED THE UNITED STATES OF AMERICA TO THE REPUBLIC OF MARK G. STUFFLEBEEM STATES INSTITUTE OF PEACE FOR A TERM EXPIRING KAZAKHSTAN. MICHAEL D. STULL JANUARY 19, 2011. PETER WILLIAM BODDE, OF MARYLAND, A CAREER NATHAN B. SUKOLS MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JOHN D. SULLIVAN The Senate Committee on Health, MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- EDMUND E. SWEARINGEN Education, Labor, and Pensions was DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TIMOTHY E. SYMONS OF AMERICA TO THE REPUBLIC OF MALAWI. SHANE P. TALLANT discharged from further consideration PATRICIA MCMAHON HAWKINS, OF VIRGINIA, A CAREER ERIC D. TAYLOR of the following nominations and the MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JON M. TAYLOR COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND RHONDA J. TAYLOR nominations were held at the desk: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRADLEY B. TERRY TO THE TOGOLESE REPUBLIC. ERIC J. TANENBLATT, OF GEORGIA, TO BE A MEMBER CRAIG R. TESSIN RICHARD A. BOUCHER, OF MARYLAND, A CAREER MEM- OF THE BOARD OF DIRECTORS OF THE CORPORATION ROBERT W. THOMAS, JR. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM ROBERT S. THOMPSON REER MINISTER, FOR THE PERSONAL RANK OF CAREER EXPIRING OCTOBER 6, 2012. MICHAEL K. TIBBS AMBASSADOR IN RECOGNITION OF ESPECIALLY DISTIN- HYEPIN CHRISTINE IM, OF CALIFORNIA, TO BE A MEM- JOHN D. TINETTI GUISHED SERVICE OVER A SUSTAINED PERIOD. BER OF THE BOARD OF DIRECTORS OF THE CORPORA- JEFFREY S. TODD WILLIAM J. BURNS, OF THE DISTRICT OF COLUMBIA, A TION FOR NATIONAL AND COMMUNITY SERVICE FOR A JOHN D. TOLG CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, TERM EXPIRING OCTOBER 6, 2013. JAMES H. TOOLE CLASS OF CAREER MINISTER, FOR THE PERSONAL RANK LAYSHAE WARD, OF MINNESOTA, TO BE A MEMBER OF RICHARD A. TREVISAN OF CAREER AMBASSADOR IN RECOGNITION OF ESPE- THE BOARD OF DIRECTORS OF THE CORPORATION FOR STEPHEN O. ULATE CIALLY DISTINGUISHED SERVICE OVER A SUSTAINED NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- DAVID A. URSINI PERIOD. PIRING DECEMBER 27, 2012. RICHARD A. VACCARO ANNE WOODS PATTERSON, OF VIRGINIA, A CAREER CHRISTOPHER E. VANAVERY f MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF RUSSELL J. VANDIEPEN CAREER MINISTER, FOR THE PERSONAL RANK OF CA- DANIEL L. VANMETER CONFIRMATIONS REER AMBASSADOR IN RECOGNITION OF ESPECIALLY LARRY P. VARNADORE DISTINGUISHED SERVICE OVER A SUSTAINED PERIOD. JANA A. VAVASSEUR Executive nominations confirmed by C. DAVID WELCH, OF VIRGINIA, A CAREER MEMBER OF CHRISTOPHER R. VEGA THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- HAROLD A. VIADO the Senate Wednesday, June 4, 2008: ISTER, FOR THE PERSONAL RANK OF CAREER AMBAS- JIANCARLO VILLA UNITED STATES POSTAL SERVICE SADOR IN RECOGNITION OF ESPECIALLY DISTINGUISHED SHANE C. VOUDREN SERVICE OVER A SUSTAINED PERIOD. JOHN J. VOURLIOTIS ELLEN C. WILLIAMS, OF KENTUCKY, TO BE A GOV- JANICE L. JACOBS, OF VIRGINIA, A CAREER MEMBER ALEXIS T. WALKER ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- PHILIP W. WALKER TERM EXPIRING DECEMBER 8, 2014. COUNSELOR, TO BE AN ASSISTANT SECRETARY OF STATE (BUREAU OF CONSULAR AFFAIRS). MICHAEL E. WALLACE TENNESSEE VALLEY AUTHORITY DAVID P. WALT DEPARTMENT OF HOMELAND SECURITY KJELL A. WANDER WILLIAM H. GRAVES, OF TENNESSEE, TO BE A MEMBER MICHAEL P. WARD II OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- PAUL A. SCHNEIDER, OF MARYLAND, TO BE DEPUTY CHARLOS D. WASHINGTON LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2012. SECRETARY OF HOMELAND SECURITY.

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THE ABOVE NOMINATIONS WERE APPROVED SUBJECT COLONEL CECILIA I. FLORES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- COLONEL SHERYL E. GORDON IN THE UNITED STATES NAVY TO THE GRADE INDICATED QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY COLONEL PETER C. HINZ WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CONSTITUTED COMMITTEE OF THE SENATE. COLONEL ROBERT A. MASON RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL BRUCE E. OLIVEIRA To be vice admiral CORPORATION FOR NATIONAL AND COMMUNITY COLONEL DAVID C. PETERSEN SERVICE COLONEL CHARLES W. RHOADS VICE ADM. MELVIN G. WILLIAMS, JR. COLONEL RUFUS J. SMITH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC J. TANENBLATT, OF GEORGIA, TO BE A MEMBER COLONEL JAMES B. TODD IN THE UNITED STATES NAVY TO THE GRADE INDICATED OF THE BOARD OF DIRECTORS OF THE CORPORATION COLONEL JOE M. WELLS FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND EXPIRING OCTOBER 6, 2012. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: HYEPIN CHRISTINE IM, OF CALIFORNIA, TO BE A MEM- AS THE VICE CHIEF OF STAFF OF THE ARMY AND TO THE To be vice admiral BER OF THE BOARD OF DIRECTORS OF THE CORPORA- GRADE INDICATED WHILE ASSIGNED TO A POSITION OF TION FOR NATIONAL AND COMMUNITY SERVICE FOR A IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, REAR ADM. DAVID J. DORSETT TERM EXPIRING OCTOBER 6, 2013. U.S.C., SECTIONS 601 AND 3034: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LAYSHAE WARD, OF MINNESOTA, TO BE A MEMBER OF To be general IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE BOARD OF DIRECTORS OF THE CORPORATION FOR WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- LT. GEN. PETER W. CHIARELLI RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PIRING DECEMBER 27, 2012. IN THE NAVY To be vice admiral DEPARTMENT OF HOUSING AND URBAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) KEVIN M. MC COY DEVELOPMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEVEN C. PRESTON, OF ILLINOIS, TO BE SECRETARY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES NAVY TO THE GRADE INDICATED OF HOUSING AND URBAN DEVELOPMENT. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: UNITED STATES INSTITUTE OF PEACE To be vice admiral To be vice admiral NANCY M. ZIRKIN, OF MARYLAND, TO BE A MEMBER OF REAR ADM. HARRY B. HARRIS, JR. THE BOARD OF DIRECTORS OF THE UNITED STATES IN- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT VICE ADM. WILLIAM D. CROWDER STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2011. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES NAVY TO THE GRADE INDICATED J. ROBINSON WEST, OF THE DISTRICT OF COLUMBIA, TO To be rear admiral WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BE A MEMBER OF THE BOARD OF DIRECTORS OF THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: UNITED STATES INSTITUTE OF PEACE FOR A TERM EX- REAR ADM. (LH) JULIUS S. CAESAR To be vice admiral PIRING JANUARY 19, 2011. REAR ADM. (LH) WENDI B. CARPENTER KERRY KENNEDY, OF NEW YORK, TO BE A MEMBER OF REAR ADM. (LH) GARLAND P. WRIGHT REAR ADM. PETER H. DALY THE BOARD OF DIRECTORS OF THE UNITED STATES IN- STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF JUSTICE 2011. IN THE UNITED STATES NAVY TO THE GRADE INDICATED ELISEBETH C. COOK, OF VIRGINIA, TO BE AN ASSIST- IKRAM U. KHAN, OF NEVADA, TO BE A MEMBER OF THE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ANT ATTORNEY GENERAL. BOARD OF DIRECTORS OF THE UNITED STATES INSTI- WILLIAM WALTER WILKINS, III, OF SOUTH CAROLINA, TUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, 2009. To be vice admiral TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF STEPHEN D. KRASNER, OF CALIFORNIA, TO BE A MEM- SOUTH CAROLINA FOR THE TERM OF FOUR YEARS. BER OF THE BOARD OF DIRECTORS OF THE UNITED REAR ADM. WILLIAM H. MC RAVEN STATES INSTITUTE OF PEACE FOR A TERM EXPIRING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE AIR FORCE JANUARY 19, 2011. IN THE UNITED STATES NAVY TO THE GRADE INDICATED AIR FORCE NOMINATIONS BEGINNING WITH LONNIE B. IN THE AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BARKER AND ENDING WITH JERRY P. PITTS, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be vice admiral PEARED IN THE CONGRESSIONAL RECORD ON MARCH 11, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- 2008. CATED UNDER TITLE 10, U.S.C., SECTION 8069: REAR ADM. MICHAEL C. VITALE AIR FORCE NOMINATIONS BEGINNING WITH ERIC L. To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BLOOMFIELD AND ENDING WITH DEBORAH L. MUELLER, IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COL. KIMBERLY A. SINISCALCHI UNDER TITLE 10, U.S.C., SECTION 624: AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 28, 2008. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral AIR FORCE NOMINATIONS BEGINNING WITH MARY J. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BERNHEIM AND ENDING WITH KELLI C. MACK, WHICH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE REAR ADM. (LH) RAYMOND E. BERUBE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2008. To be lieutenant general UNDER TITLE 10, U.S.C., SECTION 624: AIR FORCE NOMINATIONS BEGINNING WITH JAMES E. To be rear admiral OSTRANDER AND ENDING WITH FRANK J. NOCILLA, MAJ. GEN. MARK D. SHACKELFORD WHICH NOMINATIONS WERE RECEIVED BY THE SENATE REAR ADM. (LH) RICHARD R. JEFFRIES AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) DAVID J. SMITH MAY 13, 2008. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE ARMY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ARMY NOMINATION OF CHERYL AMYX, TO BE MAJOR. UNDER TITLE 10, U.S.C., SECTION 624: 601: ARMY NOMINATION OF DEBORAH K. SIRRATT, TO BE To be rear admiral (lower half) MAJOR. To be lieutenant general ARMY NOMINATIONS BEGINNING WITH MARK A. CAN- CAPT. DAVID F. BAUCOM MAJ. GEN. PHILIP M. BREEDLOVE NON AND ENDING WITH MICHAEL J. MILLER, WHICH CAPT. VINCENT L. GRIFFITH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON APRIL 23, AS THE CHIEF OF AIR FORCE RESERVE AND APPOINT- IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2008. MENT TO THE GRADE INDICATED WHILE ASSIGNED TO A UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING WITH GENE KAHN AND POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER ENDING WITH JAMES D. TOWNSEND, WHICH NOMINA- TITLE 10, U.S.C., SECTIONS 601 AND 8038: To be rear admiral (lower half) TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 23, 2008. CAPT. DAVID C. JOHNSON To be lieutenant general ARMY NOMINATIONS BEGINNING WITH LOZAY FOOTS CAPT. THOMAS J. MOORE MAJ. GEN. CHARLES E. STENNER, JR. III AND ENDING WITH MARGARET L. YOUNG, WHICH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE ARMY IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON APRIL 23, UNDER TITLE 10, U.S.C., SECTION 624: 2008. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) ARMY NOMINATIONS BEGINNING WITH PHILLIP J. IN THE UNITED STATES ARMY TO THE GRADE INDICATED CARAVELLA AND ENDING WITH PAUL S. LAJOS, WHICH WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAPT. MAUDE E. YOUNG NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON APRIL 23, To be lieutenant general IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2008. UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATION OF JIMMY D. SWANSON, TO BE BRIG. GEN. JOHN F. MULHOLLAND, JR. COLONEL. To be rear admiral (lower half) ARMY NOMINATION OF RONALD J. SHELDON, TO BE THE FOLLOWING ARMY NATIONAL GUARD OF THE COLONEL. UNITED STATES OFFICERS FOR APPOINTMENT IN THE CAPT. MICHAEL H. ANDERSON ARMY NOMINATIONS BEGINNING WITH BRIAN M. BOLDT RESERVE OF THE ARMY TO THE GRADES INDICATED CAPT. WILLIAM R. KISER AND ENDING WITH CHRISTOPHER L. TRACY, WHICH NOMI- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON MAY 8, 2008. UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATION OF JAMES K. MCNEELY, TO BE BRIGADIER GENERAL STEPHEN E. BOGLE To be rear admiral (lower half) MAJOR. BRIGADIER GENERAL JAMES G. CHAMPION FOREIGN SERVICE BRIGADIER GENERAL JOSEPH J. CHAVES CAPT. NORMAN R. HAYES BRIGADIER GENERAL MYLES L. DEERING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FOREIGN SERVICE NOMINATIONS BEGINNING WITH BRIGADIER GENERAL MARK E. ZIRKELBACH IN THE UNITED STATES NAVY TO THE GRADE INDICATED CRAIG LEWIS CLOUD AND ENDING WITH KIMBERLY K. UNDER TITLE 10, U.S.C., SECTION 624: OTTWELL, WHICH NOMINATIONS WERE RECEIVED BY THE To be brigadier general SENATE AND APPEARED IN THE CONGRESSIONAL COLONEL ROMA J. AMUNDSON To be rear admiral (lower half) RECORD ON APRIL 15, 2008. FOREIGN SERVICE NOMINATIONS BEGINNING WITH COLONEL MARK E. ANDERSON CAPT. WILLIAM E. LEIGHER COLONEL ERNEST C. AUDINO CARMINE G. D’ALOISIO AND ENDING WITH JUDY R. COLONEL DAVID A. CARRION-BARALT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REINKE, WHICH NOMINATIONS WERE RECEIVED BY THE COLONEL JEFFREY E. BERTRANG IN THE UNITED STATES NAVY TO THE GRADE INDICATED SENATE AND APPEARED IN THE CONGRESSIONAL COLONEL TIMOTHY B. BRITT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RECORD ON APRIL 23, 2008. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL LAWRENCE W. BROCK III IN THE NAVY COLONEL MELVIN L. BURCH To be vice admiral COLONEL SCOTT E. CHAMBERS NAVY NOMINATIONS BEGINNING WITH STANLEY A. COLONEL DONALD J. CURRIER REAR ADM. WILLIAM E. GORTNEY OKORO AND ENDING WITH DAVID B. ROSENBERG, WHICH

VerDate Aug 31 2005 07:09 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00133 Fmt 4624 Sfmt 9801 E:\CR\FM\A04JN6.023 S04JNPT1 wwoods2 on PRODPC68 with SENATE S5126 CONGRESSIONAL RECORD — SENATE June 4, 2008 NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH ROBERT D. consideration the following nomina- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 24, YOUNGER AND ENDING WITH JEFFREY W. WILLIS, WHICH 2008. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- tion: NAVY NOMINATION OF ROBERT S. MCMASTER, TO BE PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, LIEUTENANT COMMANDER. 2008. JOHN R. STEER, OF VIRGINIA, TO BE A MEMBER OF THE NAVY NOMINATION OF CHRISTOPHER S. KAPLAFKA, TO UNITED STATES SENTENCING COMMISSION FOR A TERM BE LIEUTENANT COMMANDER. f EXPIRING OCTOBER 31, 2011 (REAPPOINTMENT), TO WHICH NAVY NOMINATION OF DAVID R. EGGLESTON, TO BE POSITION HE WAS APPOINTED DURING THE LAST RE- LIEUTENANT COMMANDER. WITHDRAWAL CESS OF THE SENATE, WHICH WAS SENT TO THE SENATE NAVY NOMINATIONS BEGINNING WITH KATHERINE A. ON JANUARY 9, 2007. ISGRIG AND ENDING WITH JASON C. KEDZIERSKI, WHICH Executive message transmitted by NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- the President to the Senate on June 4, PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, 2008. 2008 withdrawing from further Senate

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HONORING GEORGE FREDERICK FIRST BAPTIST CHURCH OF GARY Since taking over as pastor on March 30, ‘‘FRITZ’’ JEWETT, JR. 100TH ANNIVERSARY 1996, the Reverend Dr. Bennie T. Henson, Sr., has continued to spearhead projects HON. PETER J. VISCLOSKY aimed at improving not only the church but the HON. NANCY PELOSI OF INDIANA community as well. Under Reverend Henson’s OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES direction, the Images of Hope initiative was Wednesday, June 4, 2008 created, which is designed to improve the IN THE HOUSE OF REPRESENTATIVES human condition of the needy and under- Mr. VISCLOSKY. Madam Speaker, it is with Wednesday, June 4, 2008 served people of Gary. During his tenure, the great enthusiasm and sincerity that I take this congregation of First Baptist also witnessed Ms. PELOSI. Madam Speaker, on Friday, time to congratulate First Baptist Church of the emergence of Saturday Night Alive, an al- May 23, San Francisco lost one of its extraor- Gary, Indiana, as they join together in celebra- ternative worship service, and Friday Night dinary citizens with the passing of George tion of their 100th anniversary. The church, Out, a community movie night. In addition, nu- Frederick ‘‘Fritz’’ Jewett, Jr. I sadly enter into which has seen tremendous growth and merous advances have been made during this progress since its humble beginning, will be the RECORD excerpts from his obituary in the time in the area of technology, allowing the celebrating this exceptional milestone with fes- San Francisco Chronicle. congregation and the community access to tivities beginning on Friday, June 6, and con- First Baptist Church via the Internet. Mr. Jewett a Prominent San Francisco busi- tinuing through Sunday, June 8, 2008. The Madam Speaker, I ask that you and my nessman, philanthropist and sailing buff whose theme for this extraordinary event is ‘‘An- other distinguished colleagues join me in hon- support of the sport led to his induction into chored in Faith: Yesterday, Today, and For- oring and congratulating the Reverend Dr. the America’s Cup Hall of Fame in 2005, died ever.’’ in San Francisco on Friday of a cerebral hem- The celebration of First Baptist Church’s Bennie T. Henson, Sr., and First Baptist orrhage. He was 81. 100th anniversary, ‘‘Dedicated to the Glory of Church of Gary on their 100th anniversary. Throughout the years, the clergy and mem- Mr. Jewett had a long career in the forest God and the Service of Man,’’ will begin on bers of First Baptist Church have dedicated products industry as a director of the Potlatch Friday, June 6, 2008, with a banquet at the themselves to providing spirituality and guid- Corp. He retired as vice chairman of the board Genesis Convention Center in Gary, Indiana, ance through their service to their community. in 1999. He was also renowned in sailing cir- and will continue on Saturday, June 7, with a Their constant dedication and commitment is cles for chairing five America’s Cup Syn- community event featuring vendors, a petting worthy of our deepest admiration. dicated for three yacht clubs from 1973 zoo, and a museum dedicated to the history of through 2000. the church. Finally, on Sunday, June 8, a very f special worship service will take place, fol- Mr. Jewett was known for his civic activism, HONORING DERRICK MOSS lowed by a musical concert featuring the First generosity and gentle demeanor. Fritz’s love Baptist choirs, former musicians and soloists, of competition and his personal sportsmanship and other special guests. HON. SAM GRAVES made him a Hall of Famer. His love of friends From its modest beginnings, First Baptist OF MISSOURI and kindness to them made him a world class Church has emerged as a pillar of the Gary IN THE HOUSE OF REPRESENTATIVES gentleman. community. Although First Baptist, the oldest Wednesday, June 4, 2008 Mr. Jewett is survived by his wife of 54 African-American congregation in the City of years, Lucy; his son, George Jewett, III of Gary, has seen immense growth, not only in Mr. GRAVES. Madam Speaker, I proudly Hillsborough; his daughter Betsy Jewett of the size of its congregation but also in the pause to recognize Derrick Moss of Liberty, Spokane; his sister, Margaret Greer of Chevy depth of the services and programs available Missouri. Derrick is a very special young man Chase, MD; and four grandchildren. to its members, the clergy and congregation who has exemplified the finest qualities of citi- He had known his wife-to-be Lucille McIn- have remained dedicated to the fundamental zenship and leadership by taking an active tyre since childhood, and reconnected while ideal of serving God by serving each other. part in the Boy Scouts of America, Troop he was working in a Tacoma sawmill. They Only 2 years after the City of Gary, Indiana, 2418, and earning the most prestigious award were engaged 6 weeks later, and would have was founded, three individuals, Raymond of Eagle Scout. celebrated their 55th wedding anniversary in Rankins, Samuel Duncan, and Samuel Clay, Derrick has been very active with his troop, July of this year. realizing the need for a church of their own in participating in many scout activities. Over the Gary, called upon Dr. Elijah John Fisher, pas- many years Derrick has been involved with In all of life’s endeavors Fritz and Lucy were tor of Olivet Baptist Church in Chicago, for as- scouting, he has not only earned numerous a team. Their love for each other and their sistance in making this dream a reality. merit badges, but also the respect of his fam- family was a model to us all. They were enor- Through their efforts, First Baptist emerged in ily, peers, and community. mously generous in their philanthropy and Gary, with the first services being held in the Madam Speaker, I proudly ask you to join hospitality. They touched the lives of so many home of Mr. Rankins. Soon after, membership me in commending Derrick Moss for his ac- with their quiet and significant support of the in the church began to increase, and the first complishments with the Boy Scouts of Amer- arts, education, science, medicine, conserva- house of worship was constructed at 1617 ica and for his efforts put forth in achieving the tion and sports. Their interests ranged from Washington Street in Gary. After various re- highest distinction of Eagle Scout. their patronage, of the San Francisco Ballet to constructions and relocations First Baptist fi- f cheering for the San Francisco 49ers. The nally settled in its current location at 626 West grace of the ballet and the competitiveness of 21st Avenue in 1955, under the leadership of CELEBRATING THE 2008 HISPANIC sports came together in the beauty of sailing the Reverend Dr. Robert E. Penn, who served HERITAGE YOUTH AWARD RE- which they enjoyed personally and at the as pastor for more than 20 years. During his CIPIENTS America’s Cup level. tenure, Reverend Penn was focused on being I hope that it is a comfort to Lucy and the involved in the community, resulting in the cre- HON. RAHM EMANUEL Jewett Family that so many people mourn ation of a foreign missionary project, a college OF ILLINOIS their loss and are praying for them. Fritz scholarship fund, and a housing development IN THE HOUSE OF REPRESENTATIVES brought the same dignity, spirit and humor to program. Reverend Penn’s vision has contin- dealing with his physical challenges in his last ued through today, and he continues to reso- Wednesday, June 4, 2008 year as he did throughout his life. My husband nate as a shining example of selfless service Mr. EMANUEL. Madam Speaker, I rise Paul and I send our deepest sympathy to and unwavering commitment to the commu- today to congratulate the 2008 Hispanic Herit- Lucy, George, III, and Betsy at this sad time. nity. age Youth Award Recipients. This award has

∑ 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 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JN8.032 E04JNPT1 erowe on PROD1PC71 with REMARKS E1132 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 2008 grown into the most prestigious Hispanic events produced by Mr. Nicholson including, The University of Idaho will now be eligible honor and event for Latino youth in the United the Don Nicholson Charity Car Show and to apply for scholarships and grants through States. EnjoyWayne.com Charity Car Show, which both federal and Department of Defense Infor- Since 1998 the Hispanic Heritage Founda- raise money for adults with special needs and mation Assurance Scholarship Programs. tion has been celebrating Hispanic pride, cul- for scholarship funds. Today, I ask my col- Congratulations to the University of Idaho ture, and accomplishment in the community leagues to join me in supporting the Cruisin’ for this fine distinction and commitment to cul- and in classrooms throughout the United Michigan event and acknowledging Mr. Don tivating the minds of our future leaders. States. Nicholson for his loyal service to the commu- f Latinos are our Nation’s largest minority and nity and our country. PERSONAL EXPLANATION the Hispanic Heritage Foundation works to f make sure that our Nation’s Latino youth are prepared for the challenges to come. Through TRIBUTE TO DR. BILL LAHUE HON. MARK UDALL leadership, cultural, educational, and work pro- OF COLORADO grams, these future role models are identified, HON. IKE SKELTON IN THE HOUSE OF REPRESENTATIVES inspired, and instilled with the knowledge and OF MISSOURI Wednesday, June 4, 2008 experience to succeed. IN THE HOUSE OF REPRESENTATIVES Mr. UDALL of Colorado. Madam Speaker, I Over 1,500 students have been awarded Wednesday, June 4, 2008 was unable to be present for votes during the more than three million dollars in educational late afternoon and evening of May 22, 2008. Mr. SKELTON. Madam Speaker, let me grants through the Hispanic Heritage Youth For the information of our colleagues and my take this means to recognize the long and Awards. There are seven categories for these constituents, below is how I would have voted selfless career of Dr. Bill LaHue of Lexington, students to demonstrate their ability to excel in on the following votes I missed that day. Missouri. Dr. LaHue has spent over 35 years their areas of focus, with three finalists in each On rollcall 355, on the Akin amendment to as a dedicated general practitioner in the field category from the Chicago area. H.R. 5658, I would have voted ‘‘no.’’ I am proud to recognize two winners from of medicine. On rollcall 356, on the Franks amendment the Fifth Congressional District, Thalia Urbina Dr. LaHue received his BA and MD Degrees to H.R. 5658, I would have voted ‘‘no.’’ and Estefanie Garcia. Thalia Urbina from East from the University of Missouri before com- On rollcall 357, on the Tierney amendment Lyden High School has earned a gold medal- pleting his internship at Kansas City General to H.R. 5658, I would have voted ‘‘no.’’ lion for her commitment to education and Hospital and his residency at Tampa (FL) On rollcall 358, on the Pearce amendment Estefanie Garcia from Notre Dame High General Hospital and St. Luke’s Hospital in to H.R. 5658, I would have voted ‘‘no.’’ School for Girls has earned a bronze medal- Kansas City. He began his practice in general On rollcall 359, on the Lee amendment to lion for her excellence in journalism. These surgery in Lexington, Missouri, in 1972, and H.R. 5658, I would have voted ‘‘yes.’’ winners of the 2008 Hispanic Heritage Youth has served the needs of his community and On rollcall 360, on the Braley amendment to Award are part of the best and brightest in the the surrounding area since that time. H.R. 5658, I would have voted ‘‘yes.’’ Chicago Region. Dr. LaHue was recently named Presiding On rollcall 361, on the Price amendment to This year’s Chicago Regional award recipi- Chief of the Tribe of Mic-O-Say, an honorary H.R. 5658, I would have voted ‘‘yes.’’ ents will be honored with a special ceremony Boy Scout Organization of the Heart of Amer- On rollcall 362, on the Holt amendment to hosted by local businesses and community ica Council, which serves over 45,000 youth. H.R. 5658, I would have voted ‘‘yes.’’ leaders to pay tribute to their accomplishments This honor is the highest recognition within the On rollcall 363, on the McGovern amend- at the tonight. Scouting Organization. This prestigious award ment to H.R. 5658, I would have voted ‘‘yes.’’ Madam Speaker, Thalia and Estefanie have comes with the responsibilities of conducting On rollcall 364, on the Motion to Recommit earned tonight’s honors through hard work council meetings and presiding over council with instructions the Duncan Hunter National and dedication. I am proud to serve as their ceremonies for the course of one year, after Defense Authorization Act for Fiscal Year representative in Congress, and I wish them which Dr. LaHue will remain a chief, but no 2009 (H.R. 5658), I would have voted ‘‘no.’’ the best of luck tonight and in all of their future longer the presiding officer. I would have done so because the Motion to endeavors. Dr. Bill LaHue continues to practice medi- Recommit—as written—would have effectively f cine in Lexington and remains an active mem- killed the bill by sending it back to Committee. ber of his church and community. I trust that I also objected to what the Motion attempted HONORING THE CHARITY EVENT, the Members of the House will join me in to do. It would have repealed Section 526 of CRUISIN’ MICHIGAN thanking Dr. LaHue for his devotion to the the Energy Independence and Security Act, youth of our Nation. which ensures that federal agencies do not HON. THADDEUS G. McCOTTER f procure or promote alternative fuels that emit, OF MICHIGAN on a lifecycle basis, more greenhouse gas CONGRATULATING THE IN THE HOUSE OF REPRESENTATIVES emissions than equivalent conventional fuels UNIVERSITY OF IDAHO produced from conventional petroleum Wednesday, June 4, 2008 sources. This provision relates primarily to ef- Mr. MCCOTTER. Madam Speaker, today I HON. BILL SALI forts of the Department of Defense to obtain rise to acknowledge an event, Cruisin’ Michi- OF IDAHO half of its domestically used fuel from domes- gan, which will be held in Wayne County, IN THE HOUSE OF REPRESENTATIVES tic synthetic sources by 2016. Specifically, the Michigan. Air Force is pursuing ‘coal-to-liquid’ fuel (CTL). Wednesday, June 4, 2008 Cruisin’ Michigan is a charity event created According to both the EPA and DOE, liquid by Don Nicholson, an avid community service- Mr. SALI. Madam Speaker, I rise today to coal produces double the global warming man. On July 12, 2008, classic automobiles recognize and congratulate the University of emissions compared to conventional gasoline. will be cruising Michigan Avenue from 12 p.m. Idaho for their re-designation as a National An amendment adopted on the floor clarified until 8 p.m. This is the first multi-city Michigan Center of Academic Excellence (CAE) in Infor- Section 526 to ensure that federal agencies Avenue cruise where classic beauties will be mation Assurance Education (IA). could procure conventional fuels that contain traveling through Dearborn, Dearborn Heights, The National Security Agency and Depart- incidental amounts of unconventional fuels. Inkster, Wayne, and Westland, Michigan. ment of Homeland Security has bestowed this With the passage of this amendment, it is my Cruisin’ Michigan will benefit many non-profit distinguished recognition on only ninety-three belief that there is no reason to repeal Section organizations, the Wayne Rotary Club, service schools across 37 states and the District of 526, since the Department of Defense has groups and supports the City of Inkster’s Sum- Columbia. said that it intends to pursue CTL with carbon mer Jazz Festival. This special occasion is ex- In order to be considered a CAE high aca- capture and sequestration. In addition, the De- pected to bring more than 50,000 visitors to demic standards must be in place. A CAE is fense Science Board Task Force on Energy the area, which will increase the sales for local required to have a full-time faculty dedicated recommended that if DOD decides to provide businesses and stimulate the economy. to teaching IA, academic courses focused on financial backing to synthetic fuel production Madam Speaker, Cruisin’ Michigan will en- IA and students involved in IA research plants, it should avoid investing in processes courage travel, create economic growth, and projects. CAE students are trained to play a that exceed the carbon footprint of petroleum. benefit numerous organizations. This event is critical role in protecting our national informa- On rollcall 365, on Passage of the Duncan also expected to promote future charitable tion infrastructure. Hunter National Defense Authorization Act for

VerDate Aug 31 2005 05:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JN8.001 E04JNPT1 erowe on PROD1PC71 with REMARKS June 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1133 Fiscal Year 2009 (H.R. 5658), I would have HONORING MATTHEW PERRY title. Along with previous Chicago-area win- voted ‘‘yes.’’ ners the Steppenwolf Theater Company, the On rollcall 366, on the Motion to Suspend HON. SAM GRAVES Goodman Theater, and the Victory Gardens Theater, these theaters and others throughout the Rules and Agree, as Amended, to H. Res. OF MISSOURI IN THE HOUSE OF REPRESENTATIVES Chicago make up an artistic ensemble that ri- 986, a resolution recognizing the courage and vals any group of theaters throughout the sacrifice of those members of the United Wednesday, June 4, 2008 world. Their work is a testament to the quality States Armed Forces who were held as pris- Mr. GRAVES. Madam Speaker, I proudly and commitment of those who write, produce, oners of war during the Vietnam conflict and pause to recognize Matthew Perry of Liberty, and perform theater in Chicago. calling for a full accounting of the 1,729 mem- Missouri. Matthew is a very special young Madam Speaker, I once again congratulate bers of the Armed Forces who remain unac- man who has exemplified the finest qualities the Chicago Shakespeare Theater on this ac- counted for from the Vietnam conflict, I would of citizenship and leadership by taking an ac- complishment, and I hope my colleagues will have voted ‘‘yes.’’ tive part in the Boy Scouts of America, Troop watch as the Chicago Shakespeare Theater receives their award on June 15th at the 62nd The resolution recognizes the 35th anniver- 1247, and earning the most prestigious award of Eagle Scout. Antoinette Perry ‘‘Tony Awards’’ from Radio sary of ‘‘Operation Homecoming,’’ when the City Music Hall in New York. first wave of the longest-held POWs from Viet- Matthew has been very active with his f nam left that country to return to the United troop, participating in many scout activities. Over the many years Matthew has been in- States. We honor those POWs, but we also HONORING THE LIFE OF MS. volved with scouting, he has not only earned honor those brave heroes who fought and DOROTHY THOMAS numerous merit badges, but also the respect died for our country but never returned home. of his family, peers, and community. Madam Speaker, I proudly ask you to join HON. THADDEUS G. McCOTTER OF MICHIGAN f me in commending Matthew Perry for his ac- IN THE HOUSE OF REPRESENTATIVES complishments with the Boy Scouts of Amer- LOCAL 1010 50TH ANNIVERSARY ica and for his efforts put forth in achieving the Wednesday, June 4, 2008 highest distinction of Eagle Scout. Mr. MCCOTTER. Madam Speaker, today I f rise to honor and acknowledge Ms. Dorothy HON. PETER J. VISCLOSKY Thomas, a remarkable Michigan citizen, upon RECOGNIZING THE CHICAGO OF INDIANA her 100th birthday on May 27, 2008. SHAKESPEARE THEATER Ms. Thomas was born on May 25, 1908, in IN THE HOUSE OF REPRESENTATIVES Detroit, Michigan. Dorothy grew up surrounded Wednesday, June 4, 2008 HON. RAHM EMANUEL by an affectionate and giving family. Dorothy OF ILLINOIS attended Craft Grade School and Condon Jun- Mr. VISCLOSKY. Madam Speaker, it is my IN THE HOUSE OF REPRESENTATIVES ior High. While attending Western High distinct honor to recognize the United Steel- School, Ms. Thomas completed a business Wednesday, June 4, 2008 workers Local 1010 on the 50th anniversary of course, which included shorthand and led to their union hall in East Chicago, Indiana. They Mr. EMANUEL. Madam Speaker, I rise her first job after graduation as a stenographer will be celebrating this occasion by rededi- today to congratulate the Chicago Shake- with Ford Motor Truck Company. cating the hall in honor of four members who speare Theater on earning the 2008 Out- Ms. Thomas has been alone since age 58 selflessly gave their lives in the ‘‘Memorial Day standing Regional Theatre Tony Award. The after her husband passed away in 1966, and Massacre’’ in 1937. This event will take place honor, presented annually to a non-profit pro- both children passed away at an early age. fessional theater company in the United Dorothy continued to press on in spite of her at the Local 1010 United Steelworkers Hall in States, recognizes the hard work and dedica- loneliness. She worked as a Kelly girl, was a East Chicago, Indiana, on Saturday, June 7, tion of Chicago Shakespeare artistic director secretary at Art Center Hospital, and retired at 2008. and founder Barbara Gaines and the entire age 67 from working in a business office at Local 1010 has a long history of selfless Chicago Shakespeare Theater staff. Mercy College. Ms. Thomas has filled her life sacrifice for the advancement of workers’ The Tony Award for outstanding regional with personal interests such as playing the rights, which in 1937 culminated with the ‘‘Me- theatre was first presented to the Virginia Bar- piano, spending time with family, and her new morial Day Massacre.’’ After a picnic and rally ter Theatre in 1946 and has been presented pastime favorites: crafts and bingo. Dorothy on May 30, 1937, hundreds of members of annually since 1976 to a theater company that has also been a devoted member of the Local 1010 picketed with members of other maintains an unremitting level of artistic church and continues to attend regularly. local unions at the plant gates of the Republic achievement while advancing the development Dorothy’s two nephews, two nieces, 12 great Steel Company in a show of solidarity against of theater nationally. nephews and nieces, five great-great neph- ‘‘Little Steel.’’ While the strikers were pro- From its home on Chicago’s Navy Pier, the ews, and five great-great nieces, all look to Dorothy for strength and inspiration as she testing for union and worker’s rights, Chicago Chicago Shakespeare Theater meets and ex- reaches this amazing milestone. police officers opened fire on the crowd, ceeds that high standard. With over 600 an- nual performances during its 50-week season, Madam Speaker, for 100 years Ms. Dorothy wounding over 100 union members and killing the Chicago Shakespeare Theater reaches an Thomas has graced the world with her kind- ten individuals, including four members of audience of 225,000 per year. The theater has ness, hard work, and spirit. Ms. Thomas’s Local 1010. The four courageous Local 1010 20,500 subscribers and is the largest em- claim to a long life is a wonderful upbringing, members who gave their lives were: Earl ployer of Chicago actors. athletics, strength under tragedy, and her Handley, Sam Popovich, Kenneth Reed, and Founded by Ms. Gaines in 1986, the theater dedication to work and church. Today, I ask Alfred Causey. staged its first performance, of ‘‘Henry V,’’ on my colleagues to join me in congratulating Ms. These selfless individuals will be honored at the rooftop of the Red Lion Pub in Chicago’s Dorothy Thomas upon reaching her 100th this milestone event with a workers’ memorial, Lincoln Park neighborhood. Since that show, birthday on May 27, 2008, and for being an which will be displayed in the union hall. The the theater has grown into one of Chicago’s upstanding citizen to her community and coun- try. memorial will bear the engraved names of leading cultural establishments. these four men, as well as all 387 members In addition to its award-winning Shake- f of Local 1010 who have lost their lives while speare adaptations, the Chicago Shakespeare TRIBUTE TO JANET FAGAN- working for the union. This will ensure they will Theater reaches out to over 50,000 students MCNULTY be remembered forever. and teachers yearly through a program enti- tled ‘‘Team Shakespeare.’’ This program aims HON. IKE SKELTON Madam Speaker, I urge you and my other to make Shakespeare more accessible to a OF MISSOURI distinguished colleagues to join me in com- whole new generation and will reach its mil- IN THE HOUSE OF REPRESENTATIVES mending Local 1010 President, Mr. Thomas lionth student this year. Hargrove, and all members of the United The Chicago Shakespeare Theater be- Wednesday, June 4, 2008 Steelworkers Local 1010 for their loyalty and comes the fourth theater based in Chicago, Il- Mr. SKELTON. Madam Speaker, let me devotion to workers’ rights. linois to earn the outstanding regional theatre take this means to recognize the distinguished

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On rollcall 347, to suspend the rules and retary of Defense will promulgate, I would In 1972, Mrs. Fagan-McNulty began her ca- pass, as amended H.R. 3819, Veterans Emer- have voted ‘‘yes.’’ reer with the Federal Government working for gency Care Fairness Act of 2008, I would On rollcall 363, on the McGovern amend- the Department of Agriculture and eventually have voted ‘‘yes.’’ ment to H.R. 5658. requiring the secretary of joining Army’s Office of the Chief of Legislative On rollcall 348, to suspend the rules and defense to remove recently imposed secrecy Liaison. In 1988, Mrs. Fagan-McNulty was ap- pass H.R. 5826, Veterans Compensation and return to the previous practice of releasing pointed Deputy Chief of the Congressional In- Cost-of-Living adjustment, I would have voted the names, upon request, of the students and quiry Division tasked with a number of special ‘‘yes.’’ instructors at the Western Hemisphere Insti- missions directed by the Secretary of the On rollcall 349, to suspend the rules and tute for Security Cooperation, I would have Army, including Operation Quick Look. From pass H.R. 5856, Department of Veterans Af- voted ‘‘yes.’’ these successes she was ultimately promoted fairs Medical Facility Authorization and Lease On rollcall 364, on the motion to recommit to Chief of the Congressional Inquiry Division. Act, I would have voted ‘‘yes.’’ with instructions H.R. 5658, the Duncan During her tenure, Mrs. Fagan-McNulty has On rollcall 350, on ordering the previous Hunter National Defense Authorization Act for guided the division and organization through question on H. Res. 1218, providing for con- Fiscal Year 2009, I would have voted ‘‘no.’’ numerous major events. Some of these events sideration of H.R. 5658, Department of De- On rollcall 365, on passage of H.R. 5658 consist of the period during the Cold War, fense Authorization, I would have voted ‘‘yes.’’ Duncan Hunter National Defense Authorization Grenada, Panama, Operations Desert Shield On rollcall 351, on agreeing to the resolution Act for Fiscal Year 2009, I would have voted and Desert Storm, the tragedy of September providing for consideration of H.R. 5658, De- ‘‘yes.’’ 11th, and Operations Enduring and Iraqi Free- partment of Defense Authorization, I would On rollcall 366, to suspend the rules and dom. have voted ‘‘yes.’’ agree, as amended H. Res. 986, recognizing Currently, Mrs. Janet Fagan-McNulty is On rollcall 352, on motion to table H. Res. the courage and sacrifice of those members of leading a dedicated team as Chief of the Con- 1221, I would have voted ‘‘yes.’’ the United States Armed Forces who were gressional Inquiry Division, Office of the Chief On rollcall 353, to suspend rules and pass held as prisoners of war during the Vietnam of Legislative Liaison. I am certain that Mem- H.R. 6124 to provide for the continuation of conflict and calling for a full accounting of the bers of the House will join me in thanking agricultural and other programs of the Depart- 1,729 members of the Armed Forces who re- Janet Fagan-McNulty for her commitment and ment of Agriculture through 2012, I would main unaccounted for from the Vietnam con- contributions to our Nation. have voted ‘‘yes.’’ flict, I would have voted ‘‘yes.’’ f On rollcall 354, to suspend rules and pass On rollcall 367, to suspend rules and agree H. Res. 1194, reaffirming the support of the to H. Con. Res. 138 supporting National Men’s PERSONAL EXPLANATION House of Representatives for the legitimate, Health Week, I would have voted ‘‘yes.’’ democratically-elected Government of Leb- On rollcall 368, to suspend rules and agree HON. KATHY CASTOR anon, under Prime Minister Fouad Sinoria, I on H. Res. 923 recognizing the State of Min- OF FLORIDA would have voted ‘‘yes.’’ nesota’s 150th Anniversary, I would have IN THE HOUSE OF REPRESENTATIVES On rollcall 355, on the Akin amendment to voted ‘‘yes.’’ Wednesday, June 4, 2008 H.R. 5658, to cut military pay, benefits, and On rollcall 369, to suspend rules and agree healthcare by $163 million. I would have voted to H. Res. 1114 supporting the goals and Ms. CASTOR. Madam Speaker, for the in- ideals of the Arbor Day Foundation and Na- formation of our colleagues and my constitu- ‘‘no.’’ On rollcall 356, on the Franks amendment tional Arbor Day, I would have voted ‘‘yes.’’ ents, I want the RECORD to reflect how I would f have voted on the following votes I missed to H.R. 5658, that would take $719 million this session. from high priority R&D programs outside of the TRIBUTE TO RICHARD AND On rollcall 338, on ordering the previous Missile Defense Agency, in order to eliminate LORETTA VEADER question on H. Res. 1212 providing for consid- the committee’s targeted reductions to the eration of H.R. 6049, Energy Production and missile defense budget, I would have voted HON. JAMES P. McGOVERN ‘‘no.’’ Conservation and Individual Income Tax Relief OF MASSACHUSETTS On rollcall 357, on the Tierny amendment to I would have voted ‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES On rollcall 339, on agreeing to the resolution H.R. 5658, to reduce funding for the Missile Wednesday, June 4, 2008 providing consideration of H.R. 6049, Energy Defense Agency by an additional $996.2 mil- Production and Conservation and Individual lion beyond the $719 million already reduced, Mr. MCGOVERN. Madam Speaker, I rise Income Tax Relief, I would have voted ‘‘yes.’’ I would have voted ‘‘no.’’ today to congratulate Richard and Loretta On rollcall 340, on ordering the previous On rollcall 358, on the Pearce amendment Veader of Seekonk, Massachusetts, on the question providing for consideration of H.R. to H.R. 5658, to cut $10 million from the De- occasion of their 50th wedding anniversary. 5658, the National Defense Authorization of partment of Defense Energy Conservation Im- Mr. and Mrs. Veader’s life together exemplifies 2009, I would have voted ‘‘yes.’’ provement Program in order to restore RRW the finest qualities of the institution of mar- On rollcall 341, on ordering the previous funding, I would have voted ‘‘no.’’ riage, and I applaud their commitment to their question providing for consideration of the On rollcall 359, on the Lee amendment to family, their faith, their community and to each conference report to accompany S. Con. Res. H.R. 5658, requiring that any security guar- other. 70, the Congressional Budget Act, I would antee, arrangement, or assurance between Richard and Loretta were married on June have voted ‘‘yes.’’ the US and Iraq would have to be ratified by 7, 1958 in Swansea, Massachusetts. The On rollcall 342, on agreeing to the resolution the Senate or approved by the full Congress, young couple soon established their roots in providing for consideration of the conference I would have voted ‘‘yes.’’ Seekonk, with the purchase of their first home. report to accompany S. Con. Res 70, the Con- On rollcall 360, on the Braley amendment to As they settled into their new community, they gressional Budget Act, I would have voted H.R. 5658, requiring an extensive report on were blessed to welcome three beautiful ‘‘yes.’’ current and future war costs, including direct daughters: Lou-Anne, Pamela and Kimberly. On rollcall 343, on the motion to recommit war costs and veterans payments, to try to Despite the demands of a young family, with instructions H.R. 6049, the Renewable capture the full cost of the wars in Iraq and Af- Richard and Loretta always found time to give Energy and Job Creation Act, I would have ghanistan, I would have voted ‘‘yes.’’ themselves to their church and to their com- voted ‘‘no.’’ On rollcall 361, on the Price amendment to munity. Over the years, as their beloved On rollcall 344, passage of H.R. 6049, The H.R. 5658. prohibiting agencies under the De- church, Our Lady of Mount Carmel, underwent Renewable Energy and Job Creation Act, I partment of Defense from using contractors to structural transitions, Richard and Loretta would have voted ‘‘yes.’’ perform interrogations, I would have voted served as two of the church’s first Eucharistic On rollcall 345, to suspend the rules and ‘‘yes.’’ ministers and, to this day, continue to honor pass as amended H.R. 1771, The Crane Con- On rollcall 362, on the Holt amendment to their weekly commitment to the Adoration. To- servation Act of 2008, I would have voted H.R. 5658, requiring that strategic intelligence gether, they have also been dedicated mem- ‘‘yes.’’ interrogations of Department of Defense de- bers of the Saint Vincent DePaul Society. For

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JN8.005 E04JNPT1 erowe on PROD1PC71 with REMARKS June 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1135 more than 40 years, Richard has actively been HONORING THE LIFE OF MS. provided the drive and the vision needed to involved with the Knights of Columbus, and MAMIE D. FOLINO launch a $590 million expansion and renova- from 1983–84 he was honored to hold one of tion of the museum and completed the open- the highest positions of distinction as Grand HON. THADDEUS G. McCOTTER ing of the architecturally and historically signifi- Knight. OF MICHIGAN cant Perelman annex. Most recently Miss d’Harnoncourt had land- IN THE HOUSE OF REPRESENTATIVES Richard and Loretta’s friendly faces are a ed the Art Museum an enviable spot at the welcome sight throughout the tight-knit com- Wednesday, June 4, 2008 Venice Biennale, curating the American Pavil- munity of Seekonk. Their contributions to their Mr. MCCOTTER. Madam Speaker, today I ion with a major Bruce Nauman show. And, hometown are invaluable and serve as exam- rise to honor Ms. Mamie D. Folino, a valued perhaps most importantly, she led our city’s ples to us all of how to make our world a bet- member of the Northville community, and unprecedented effort to keep The Gross Clinic ter place. Both Richard and Loretta have mourn her upon her passing at age 77. in the city. spent countless hours working in the Seekonk Ms. Mamie D. Folino was known in the Anne d’Harnoncourt had an unmatched im- Public Schools. Richard worked in various Northville community for her service work and pact on the world of art. Through her pio- custodial positions at both the Pleasant Street her efforts to preserve heritage in the area. neering of the blockbuster exhibit, she had an equally unmatched impact on Philadelphia’s School and the George C. Martin School while Mamie Folino was born on August 24, 1930, economy. But, her true impact was most felt in Loretta worked as a kindergarten teacher’s in Detroit, Michigan and was a proud graduate the lives of Philadelphia’s children. aide at the Anne C. Greene School. Over the of Fordson High School and Cleary College. Ms. Folino was an extremely active member of Under Ms. d’Harnoncourt’s leadership, the years, Loretta has also become a familiar face her community. Mamie participated in the Philadelphia Museum of Art has devoted sig- in the Seekonk Town Assessor’s office and Mainstreet ’78 Project, which revitalized the nificant staff and monetary resources to excit- now, even after her retirement, continues to landscaping along the downtown area. Mamie ing and innovative educational efforts for our work part-time in the office of the Veterans’ also volunteered at International Festivals after kids. The museum has developed curricula Agent. Along the way, Richard and Loretta she had retired as an office manager at her and exhibits designed to teach children the have made many lasting and loving friend- late husband’s State Farm Insurance Agency. arts, math and history. Every exhibit in the ships, always keeping their family close at Ms. Folino became a prevalent member of the museum is welcoming to kids and the sight of hand. community when she became a dynamic com- busloads of delighted, beaming faces brings ponent of the Northville Chamber of Com- joy to everyone who sees them. Richard and Loretta’s life together truly has Madam Speaker, Anne d’Harnoncourt is one been an inspiration to all who have had the merce, which helped the community prosper. Mamie was also involved with the Northville of those once in a lifetime people who can pleasure to be in their company, especially Historical Society to conserve the culture of never be replaced. She will be sorely missed. their 3 daughters and their beloved grand- the area. Furthermore, Mamie Folino was a But, because of her work, her legacy will live children, Amy Lynn, Robert, Michaela, Joshua, devoted member of Our Lady of Victory forever. Brittanie and Chase. On June 7, Richard and Catholic Church. f Loretta’s family and friends will gather together Sadly, Ms. Mamie Folino passed away on IN HONOR OF MARIANNE in celebration to honor this tremendous mile- May 13, 2008. Mamie was highly regarded in VITTARDI stone in their remarkable life together. the community for her involvement, but her Madam Speaker, it is with great pleasure love for her family and her pets always came HON. DENNIS J. KUCINICH first in her life. To her daughters, Teresa and that I humbly ask that the United States OF OHIO Paula (Gary); her granddaughter, Domenica; House of Representatives join me in congratu- IN THE HOUSE OF REPRESENTATIVES her siblings, Charles, Domenic, Prudy, Mary lating Richard and Loretta Veader on the oc- (Jim), and Frank (Charlyn); and to everyone Wednesday, June 4, 2008 casion of their 50th wedding anniversary and that knew and loved her, Ms. Mamie D. Folino Mr. KUCINICH. Madam Speaker, I rise wish them many more years of continued hap- was a woman who tended to the preservation today in honor and recognition of Marianne piness and prosperity. of culture and history and was a dedicated Vittardi, as her friends and family gather in member of the community. celebration of her 80th birthday. f Madam Speaker, during her lifetime, Ms. Mrs. Vittardi was born in 1928 in Cleveland Mamie D. Folino enriched the lives of every- Ohio to Regina and Jack Zuccola. Marianne’s HONORING BRIAN CLEEK one around her by exhibiting kindness, co- mother and second dad, Ed Krumheuer, operation, and dedication. As we bid farewell raised Marianne, her brother Larry and their to this outstanding individual, I ask my col- beloved sister Carol Jean in Parma on HON. SAM GRAVES leagues to join me in mourning her passing Maplecrest Ave. OF MISSOURI and honoring her many years of loyal service Marianne is the loving wife of over 50 years to the community and our country. to her husband Jerry, devoted mother to her IN THE HOUSE OF REPRESENTATIVES f children, Richard, Renee, Gerianne, Marty, Wednesday, June 4, 2008 Mickey and Ed. Marianne is the grandmother A TRIBUTE TO ANNE of thirteen and great-grandmother of eleven. Mr. GRAVES. Madam Speaker, I proudly D’HARNONCOURT She is awaiting the arrival of her twelfth great- pause to recognize Brian Cleek of Liberty, grandchild this year and prays for many more Missouri. Brian is a very special young man HON. ROBERT A. BRADY in the future. Great Grandma Vittardi and her who has exemplified the finest qualities of citi- OF PENNSYLVANIA family hold a very special place in their hearts zenship and leadership by taking an active IN THE HOUSE OF REPRESENTATIVES for baby Jack and baby Blake. Parma would remain the city in which Jerry part in the Boy Scouts of America, Troop Wednesday, June 4, 2008 and Marianne would raise their own family. It 1374, and earning the most prestigious award Mr. BRADY of Pennsylvania. Madam is also where they became interested in local of Eagle Scout. Speaker, I rise to honor a great Philadelphian government. In 1961, Marianne stood by her Brian has been very active with his troop, and a giant of America’s cultural community, husband’s side during his successful bid for participating in many scout activities. Over the Anne d’Harnoncourt. Ms. d’Harnoncourt came city council. It was the beginning of a lifetime many years Brian has been involved with to the Philadelphia Museum of Art in 1967 and of civic duty for the Vittardi family. It was also scouting, he has not only earned numerous became curator of 20th century art in 1972. where Marianne’s reputation for being hard merit badges, but also the respect of his fam- She became the museum’s director in 1982, working, knowledgeable and dependable was ily, peers, and community. beginning a renaissance at the venerable insti- gained for organizing political campaigns. tution. Marianne was called upon to be the chair- Madam Speaker, I proudly ask you to join Ms. d’Harnoncourt has been justifiably cred- person of campaigns by Governor Richard Ce- me in commending Brian Cleek for his accom- ited with being responsible for launching Phila- leste, Senator Howard Metzenbaum, Con- plishments with the Boy Scouts of America delphia’s modern concept of cultural tourism gressman Ron Mottl, Attorney General Lee and for his efforts put forth in achieving the with a blockbuster 1996 Cezanne retrospec- Fisher, Parma Mayor Michael Ries and for her highest distinction of Eagle Scout. tive that drew a record 800,000 viewers. She son Councilman Martin Vittardi.

VerDate Aug 31 2005 05:03 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JN8.008 E04JNPT1 erowe on PROD1PC71 with REMARKS E1136 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 2008 Marianne served as the President of the HONORING KAREN FITZSIMMONS ‘‘Wow’’ feeling that we get from our informa- Parma Women’s Democratic Club, Parma tion technology—bringing robust economic Women’s Democratic City Leader and Treas- HON. BRUCE L. BRALEY growth while meeting our climate goals. urer of the Parma Democratic Party. Through- OF IOWA Third, American leadership solves problems. out her life, Marianne volunteered on commit- IN THE HOUSE OF REPRESENTATIVES We must ensure America is the world leader tees for club picnics, dances and steak roasts. in confronting our climate crisis, giving us the Wednesday, June 4, 2008 Marianne was recognized for her service and credibility and the technology to bring China, volunteerism when she was named 1989’s Mr. BRALEY of Iowa. Madam Speaker, I India, and the rest of the developing world Parma Democratic of the Year. rise today to remember and celebrate the life under one large, climate-saving tent. In so Jerry and Marianne took their family on va- of Karen Fitzsimmons. Karen passed away on doing, America will help protect vulnerable cations to Florida, Ruggles Beach, and Wash- April 2, 2008, after serving as the Scott Coun- communities around the world from the dan- ington, DC. Their summers were spent with ty, Iowa, auditor for over 32 years. gers of global warming, including drought, family and friends at Country Club Camp Karen was elected auditor in 1976 and held famine, and flood. We will meet our inter- Grounds. In the 1980s, Jerry and Marianne that position until her untimely death this national responsibilities while at the same time went on a three-week trip of a lifetime to Italy. spring. From her first day in office to her last gaining global good will and protecting our na- Keeping their Italian heritage alive through she brought integrity and professionalism to tional security interests. each new generation, the Vittardis celebrate government. Under Karen’s leadership Scott The iCAP bill implements these principles their Italian heritage on Christmas Eve with a County elections were fair, transparent, and by establishing a ‘‘cap-and-invest’’ system, traditional Italian dinner of Marianne’s home- inclusive. Citizens trusted Karen because they which caps pollution, requires polluters to buy made spaghetti sauce and seven courses of were confident she would count and report 100 percent of the tradable pollution allow- fish. Her mother’s recipe for German potato every vote in every election. She set a stand- ances at auction, and invests the auction pro- salad, a family favorite, has been passed ard for ethics and integrity in elections to ceeds in American consumers and in tech- down to each new generation. Jerry and which other counties in Iowa aspire. nologies and practices that save the climate Marianne became Snowbirds traveling to Karen was a trailblazer for women in Iowa while also saving costs. Cape Coral and Fort Myers where they spent public life. She is one of the longest serving The core title of the bill amends the Clean fifteen Cleveland winters in the Florida sun. female elected officials in Iowa history. She Air Act to establish an EPA- administered cap- They attended their children and grand- was a 27-year-old professional and single- auction-and-trade program that covers 87 per- children’s school and sporting events. mother when she won her first election. She cent of U.S. greenhouse gas emissions. This Marianne was always one of the most spirited thrived as a public official and was never program will begin to cut these emissions im- cheerleaders in the crowd, whose voice could afraid to challenge ‘‘old boys club’’ attitudes at mediately and will reduce them to 85 percent be heard on Byers Field or on the court! Their any level of government. below 2005 levels by 2050—the U.S. contribu- shared commitment to family, faith, and com- Madam Speaker, Karen was an admired tion necessary to protect the global climate munity is reflected throughout the Parma com- leader who defended the principle at the heart against dangerous warming. munity and also within their parish, St. Bridget of our democracy: the right to vote. Her mem- The cap covers all the major sources of Church. ory will be cherished. greenhouse gases. These include the nearly Madam Speaker and Colleagues, please f 10,000 power plants and large industrial facili- join me in honor of my dear friend, Marianne INTRODUCTION OF THE INVESTING ties that produce the majority of global warm- Vittardi. I wish Mrs. Vittardi a joyous birthday IN CLIMATE ACTION AND PRO- ing pollution—facilities that are already regu- and many blessings of peace, health and hap- TECTION (ICAP) ACT lated for other pollutants. Other covered enti- piness today and always. ties include companies that produce or import petroleum- or coal-based liquid or gaseous f HON. EDWARD J. MARKEY fuels (like gasoline), companies that produce OF MASSACHUSETTS CENTRAL KENTUCKY YOUTH fluorinated gases (found) in everything from air ORCHESTRAS (CKYO) IN THE HOUSE OF REPRESENTATIVES conditioners and refrigerators to the elec- Wednesday, June 4, 2008 tronics industry), and companies that distribute HON. BEN CHANDLER Mr. MARKEY. Madam Speaker, I rise today natural gas to consumers. OF KENTUCKY to introduce the ‘‘Investing in Climate Action The iCAP bill creates the market-based in- centive to reduce global warming pollution by IN THE HOUSE OF REPRESENTATIVES and Protection Act’’—or ‘‘iCAP Act’’—a bill to reduce global warming pollution to levels suffi- establishing a gradually declining budget of Wednesday, June 4, 2008 cient to avoid catastrophic climate change and tradable pollution allowances for each year Mr. CHANDLER. Madam Speaker, it is my to invest in America’s transition to a secure from 2012 through 2050, and by requiring pol- distinct privilege to recognize and celebrate and prosperous low-carbon future. luters to surrender a sufficient number of al- the Central Kentucky Youth Orchestras’ The iCAP Act is founded on three funda- lowances to cover their heat trapping emis- (CKYO) 60 years of excellence. I am honored mental principles: sions each year. Under iCAP, EPA will auction that the oldest independently chartered youth First, science solves problems. The sci- virtually all of these allowances, instead of giv- orchestra in the United States is located right entific consensus is now unequivocal that ing them away for free to polluters. This ap- in the heart of the 6th Congressional District of global warming is happening, that manmade proach reflects what we have learned over the Kentucky. greenhouse gas emissions are largely respon- past two decades. CKYO consists of 4 orchestras including the sible, and that we must reduce those emis- For many years, our environmental laws Symphony, Concert, Preparatory and Jazz Or- sions substantially over the coming decades if were based on performance standards. Every chestras, with plans to add a fifth orchestra in we are to avert a climate catastrophe. We polluter was told how much or how little they the near future due to high demand. Over 255 have a moral obligation to listen to that sci- could pollute. Everyone was given a standard students come to CKYO from 14 counties and entific consensus and act upon it, by starting and they all had to meet it. That approach can 65 area schools throughout the Common- today to reduce global warming pollution to work for some pollutants, but it also can be wealth of Kentucky. levels that will keep our planet safe for gen- very expensive. Under the direction of Mr. William Prinzing erations to come. In 1990, Congress came up with a novel ap- Briggs, the CKYO have performed not only Second, investing solves problems. We proach to address the acid rain problem throughout the Commonwealth of Kentucky, must invest in the American economy and in caused by sulfur dioxide and nitrogen oxide but also around the world in countries such as American workers, and launch an energy tech- emissions. This idea, sometimes called ‘‘cap Austria, Hungary and the Czech Republic. nology renaissance that will rival the informa- and trade,’’ embraces the notion that all reduc- This cultural and musical exchange can build tion technology revolution of the past decade. tions are helpful but that some parties can strong ties that can last a lifetime and allow We all benefited from the Industrial Age, and achieve those reductions for much less. So if youth from all over the world to be ambas- we have watched the dawn of the Information one party can reduce pollution relatively sadors of the arts. Age. Today, we must start the Clean Energy cheaply, then another party that finds it more Madam Speaker, please join me in con- Age. This bill will provide a market-based push expensive can trade money for the extra pollu- gratulating the Central Kentucky Youth Or- that will trigger an explosion of energy tech- tion reduction achieved by the more efficient chestras on 60 years of beautiful music. nology development that will give us the same party.

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K04JN8.013 E04JNPT1 erowe on PROD1PC71 with REMARKS June 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1137 The European Union adopted this approach nology, and we give companies assistance to sive response to that challenge and oppor- in enacting their carbon dioxide emission re- use this technology until 2020. To the extent tunity. I urge my colleagues to support this duction program, but it made some mistakes that the coal industry, with plenty of support bill—to take action now to avert a climate ca- along the way from which the world has from the Federal Government, can make car- tastrophe, to protect our national security, and learned. One of those mistakes was to give bon capture and sequestration work, then it to unleash a green energy revolution that will the pollution allowances away to polluters for will be part of the energy portfolio in the fu- bring prosperity and robust economic growth free. Economic theory and the EU experience ture. to America. I am confident that after this bill have shown that only by implementing full 100 Pollution allowance auctions under iCAP will reaches its goal in 2050—long after many of percent auctions can we ensure that polluters generate a substantial amount of money. How us have shuffled off our mortal coils—histo- do not receive windfall profits and that all en- should it be invested? rians will look back on the beginning of this ergy sources are competing on a level playing The first investment is back into the pockets new millennium and say that it was an era of field. of working- and middle-class Americans. technological development that in the course The iCAP bill begins by auctioning 94 per- Under this hill, half of the proceeds from pol- of a generation changed the course of the cent of the emission allowances from 2012 to luter auctions flow directly back to consumers planet. 2019, and transitions to 100 percent auctions in the form of refundable tax credits and re- f in 2020. Recognizing that some American in- bates, protecting 80 percent of America’s fami- HONORING CHAD ROBERTS dustries—such as iron and steel, aluminum, lies from increased energy costs while our cement, glass, and paper—face intense inter- economy transitions. In fact, over 60 percent national trade competition, the bill provides of U.S. households—those earning under HON. SAM GRAVES transitional assistance to these industries. U.S. $70,000—will be fully compensated, while OF MISSOURI manufacturers in these industries will receive benefits will be extended up to those making IN THE HOUSE OF REPRESENTATIVES six percent of emission allowances from 2012 $110,000. In addition, substantial funds will go Wednesday, June 4, 2008 to 2019 before they, too, have to hid at auc- to job training for the hundreds of thousands Mr. GRAVES. Madam Speaker, I proudly tion for allowances. But note that, in order to of green collar jobs that our country will need pause to recognize Chad Roberts of Liberty, stay competitive, these industries will need to filled, and to adjustment assistance to any Missouri. Chad is a very special young man begin innovating on day one. workers who need help transitioning from car- who has exemplified the finest qualities of citi- To reduce program costs, the iCAP bill per- bon-intensive industries to the new low-carbon zenship and leadership by taking an active mits unlimited trading of pollution allowances economy. part in the Boy Scouts of America, Troop and banking of allowances for future use. It The iCAP bill also invests heavily in tech- 1135, and earning the most prestigious award also allows a regulated party to satisfy up to nologies that will drive that low-carbon econ- of Eagle Scout. 15 percent of its yearly compliance obligation omy. The best, brightest, and cheapest source Chad has been very active with his troop, with allowances ‘‘borrowed’’ from future years, of clean energy is efficiency. That is why the participating in many Scout activities. Over the provided the loan is repaid with interest within iCAP bill devotes tens of billions of dollars many years Chad has been involved with 5 years. A regulated entity can meet up to 15 each year—in partnership with State and local Scouting, he has not only earned numerous percent of its yearly obligations using EPA-ap- governments—to making our homes, build- merit badges, but also the respect of his fam- proved domestic offset credits, based on ings, and transportation systems more effi- ily, peers, and community. greenhouse gas reductions achieved outside cient. The bill invests tens of billions more in Madam Speaker, I proudly ask you to join the cap. A regulated entity also may satisfy up research, development, and deployment of the me in commending Chad Roberts for his ac- to 15 percent of its yearly obligations using cutting-edge low-carbon energy technologies complishments with the Boy Scouts of Amer- foreign allowances or offset credits that meet that will power America’s future—including re- ica and for his efforts put forth in achieving the rigorous EPA standards. newable energy, cellulosic ethanol, advanced highest distinction of Eagle Scout. The cap-auction-and-trade system estab- hybrid vehicles, and carbon capture and se- f lished by the bill will give rise to a large and questration. vigorous new ‘‘carbon market,’’ on which pollu- Unfortunately, even if we act now to avert HONORING LYNDON BAINES tion allowances, offset credits, and derivatives catastrophic global warming, some climate JOHNSON such as futures and option contracts are trad- change is already inevitable. Accordingly, the ed. To ensure fairness, transparency, and sta- iCAP bill devotes substantial funding to in- HON. GENE GREEN bility in this new market, the bill establishes an creasing resilience—both here in the United OF TEXAS Office of Carbon Market oversight within the States and in the most vulnerable developing IN THE HOUSE OF REPRESENTATIVES Federal Energy Regulatory Commission, countries—to those impacts. Wednesday, June 4, 2008 which is charged with prevention of fraud or Finally, the bill sets up a system of carrots Mr. GENE GREEN of Texas. Madam market manipulation. and sticks to encourage other countries to Speaker, later this year the Department of Alongside the cap-auction-and-trade system, take action to combat global warming. The bill Education will formally be renamed after a the iCAP bill adopts mandatory performance establishes an international forest protection former teacher, who became president and standards for certain other sources that cannot fund to reduce heat trapping emissions from made equal opportunity to education a na- easily be included in the cap—such as coal tropical deforestation. It also gives major de- tional priority. President Lyndon Baines John- mines, landfills, wastewater treatments, and veloping countries that take ‘‘comparable ac- son pioneered many issues such as civil large animal feeding operations. It also pro- tion’’ to reduce global warming pollution ac- rights, voting rights, but his education leader- vides financial incentives to farmers and forest cess to an international clean technology fund, ship stands out even among those accom- managers to adoption of practices that will fur- to promote deployment of low-carbon energy plishments. President Johnson was a very ther reduce global warming pollution and se- technologies. Only countries that take com- human figure but his legacy is with us in many quester carbon. Together with the cap, these parable action—or those that are among the major ways today. Lyndon Johnson’s first pri- measures will cover over 94 percent of U.S. least developed countries or that have very ority in life was education, and he was the first greenhouse gas emissions—as much of the low emissions—will be able to sell offset cred- ‘‘Education President.’’ As we approach Presi- economy as is practicable to reach. its into the U.S. market. And countries that fail dent Johnson’s 100th birthday on August 27, The bill also establishes measures to en- to take comparable action by 2020 will have to I would like to submit the following article courage the coal industry to invest in new buy special reserve allowances to cover the which appeared in the Austin-American technology to adapt to the new low-carbon fu- emissions generated by any covered primary Statesman highlighting the profound legacy ture. The International Energy Agency recently goods—like iron and steel, aluminum, cement, President Johnson had on America’s edu- warned that, for the coal industry, ‘‘a huge glass, or paper—that they import into the cation system, and the renaming of the De- amount of investment and unprecedented United States. These incentives will help to partment of Education Building. technological breakthroughs such as in carbon ensure that all countries band together to [From the Austin American Statesman, capture and storage’’ will be needed to meet combat global warming—as we must if we are October 28, 2007] the greenhouse gas reduction targets that sci- to preserve our precious planet. LBJ FINALLY GETS HIS DUE IN WASHINGTON entists believe we most achieve by 2050. The Climate change represents the single great- (By David H. Bennett) iCAP bill will help us meet this challenge by est threat now facing humanity, but it also pre- Washington is a city of monuments; the requiring that any new coal-fired power plant sents an unprecedented opportunity. The Mall hosts buildings, statues and walls com- use carbon capture and sequestration tech- iCAP Act represents a bold and comprehen- memorating big achievements (saving the

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A04JN8.010 E04JNPT1 erowe on PROD1PC71 with REMARKS E1138 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 2008 union) and small ones (inventing the screw Clean Water Restoration, Solid Waste Dis- tackled its creation, Hurricanes Katrina, Rita, propeller). But until now, Washington had no posal and Motor Vehicle Air Pollution Con- and Wilma, the 9/11 implementation bill, and monument to a man who left an enormous trol Acts. Johnson also gave us regulatory countless other homeland security issues over mark, not only on American government, protections like product and child safety, but on the lives of our people: Lyndon Baines truth in packaging and truth a lending legis- the last 5 years. Johnson. lation, as well as the creation of OSHA. In sum, I welcome this opportunity to recog- Until this year, the only thing named for LBJ promised that the Great Society nize Jessica Herrera-Flanigan for her tireless LBJ in the capital area was a Memorial would be concerned with the quality of our work, patriotism, and professional dedication Grove, a clump of trees on the Potomac in lives as well as the quantity of our goods. to Congress, the Committee of Homeland Se- Virginia. But when the Department of Edu- The Corporation for Public Broadcasting and curity, and the Nation. cation building is formally renamed for LBJ the Endowments for the Arts and the Hu- f on September 18, it will finally provide manities were the result. There would be Washington recognition for the man who hundreds of playhouses, opera companies, SALUTING OUR SOLDIERS OF fundamentally reshaped the role of govern- professional orchestras and dance companies TOMORROW ment in the United States. created or supported with federal dollars. On one level, ignoring LBJ in Washington With the possible exception of FDR’s first simply replicates what has happened in poli- term, there was never anything like this HON. SAM JOHNSON tics and academia. For Republicans and record of legislative accomplishment. It is OF TEXAS those on the right, the Johnson years have clear why the political right wants to bury IN THE HOUSE OF REPRESENTATIVES always been anathema. He promised to be the memory of LBJ. But why progressives the ‘‘education president,’’ the ‘‘health presi- have chosen to disregard his extraordinary Wednesday, June 4, 2008 dent’’ and the ‘‘poor people’s president.’’ He domestic achievement is something else. The Mr. JOHNSON of Texas. Madam Speaker, I did all of that and more, earning the endur- naming of the education building is a start ing hatred of those who loathe government. in redressing this act of historical amnesia. rise this morning to salute our soldiers, sailors, But more surprising is that the man who airmen and marines of tomorrow, the service- f presided over that spectacular legislative bound academy students of the Third District run of victories for activist government that RECOGNIZING JESSICA RAE of Texas. This district of Texas is home to he called the ‘‘Great Society’’ has been the HERRERA-FLANIGAN some of the best and the brightest young peo- forgotten man by the party he once led. At ple. It is always an honor to recommend such Democratic conventions, FDR, Truman, and high caliber students to our Nation’s service Kennedy are the iconic figures to whom HON. BENNIE G. THOMPSON speakers pay homage; LBJ goes OF MISSISSIPPI academies. unmentioned. IN THE HOUSE OF REPRESENTATIVES These students represent the future of our Historians too seemed to look past LBJ— Armed Forces. Each one is a leader and will textbooks and history classes often pay little Wednesday, June 4, 2008 do a superb job serving in the finest military in heed to the achievements of Johnson’s do- Mr. THOMPSON of Mississippi. Madam the world. My thoughts and prayers are with mestic agenda. For many, it seems. the shad- Speaker, I rise today to recognize Jessica Rae each student as they pursue their dreams and ow of Vietnam obscures everything else Herrera-Flanigan, Staff Director and General serve their country. about LBJ’s career and accomplishments. That is a serious misreading of history, as Counsel of the Committee on Homeland Secu- I know each student is ready to join the pre- a brief review of Johnson’s legacy makes rity, for her dedication to the security of the mier military force of the world and wish them clear. It is his educational agenda that will Nation. As the chairman of the committee, it is all the best. be deservedly memorialized in the naming with sadness that I report that on Friday, June The 8 appointees and their hometowns are ceremony. The 1965 Elementary and Sec- 6, she will be leaving us for the private sector. as follows: ondary Education Act was landmark legisla- I speak for all the committee’s members and Allen High School: Ji, (Daniel), Hun Hong, tion. It did not have a fancy title like ‘‘No staff in saying that she will be missed. Allen, TX, U.S. Naval Academy; Ji, (Alex), Child Left Behind,’’ but the ESEA marked Jessica has the distinction of being the long- Hyuk Hong, Allen, TX, U.S. Naval Academy. the first time the federal government com- est serving Democratic staffer on the com- mitted to helping local school districts—and Mckinney High School: Sean Gent, McKin- with funding, not directives. The 1965 Higher mittee, having joined it in 2003 when it was ney, TX, U.S. Air Force Academy. Education Act provided scholarships, grants, merely a select committee. She has played a Mckinney North High School: Colton Floyd, loans and work study programs—hundreds of pivotal role, first as Counsel under former McKinney, TX, U.S. Air Force Academy. billions of dollars worth—that made college Ranking Member Jim Turner, and then as my Plano East Senior High School: Justin possible for millions who could not afford it top aide, in the committee’s development and Aguilar, Richardson, TX, United States Air before. In addition, LBJ, himself once a growth over the last 5 years. Force Academy; Mark Carrion, Plano, TX, school teacher in a desperately poor Texas Jessica was a well-respected cybercrime U.S. Naval Academy. district, was the president who first recog- prosecutor and former Department of Justice Plano Senior High School: Junqin Li, Plano, nized and funded bilingual and special edu- cation. official before coming to the Hill. With the at- TX, U.S. Military Academy. But education is only part of the story. tacks of September 11, her knowledge of Plano West Senior High School: Alexa Medicare transformed the health delivery cybersecurity and critical infrastructure protec- Ramsier, Dallas, TX, U.S. Air Force Academy. system for older Americans, having helped tion put her on the frontlines of homeland se- To these 8 appointees I say, God bless you. almost 50 million citizens stay out of pov- curity, before it was known as that. She came God bless America. I salute you. erty and live longer. Medicaid has served to the House for the right reasons shortly f over 200 million needy people since its cre- thereafter—because she believed we could do ation. The Heath Professions Act helped to TRIBUTE TO BEVERLY LARGENT double the number of doctors graduating better to secure our Nation. from medical school. I truly believe that Jessica symbolizes the LBJ’s ‘‘War on Poverty’’ would later be- future of our Nation’s national security leaders. HON. ED WHITFIELD come a whipping boy for right-wing critics, Leaders that look more like America. The OF KENTUCKY but Head Start, Upward Bound, VISTA, the daughter of Leonel and the late Virginia Ann IN THE HOUSE OF REPRESENTATIVES Job Corps and other poverty programs made Herrera, she grew up in the southeast Texas their mark across the years, despite dimin- oil-refining town of Port Arthur, Texas, which Wednesday, June 4, 2008 ished resources and lack of commitment in she saw struck by Hurricane Rita during her Mr. WHITFIELD. Madam Speaker, I rise in some subsequent administrations. And it was the political genius of the man tenure on the committee. With the help of stu- recognition of Beverly Largent, a Pediatric who ‘‘knew the deck on Capitol Hill’’ that dent loan and work-study programs, she grad- Dentist who practices in the City of Paducah played a critical role in pushing through the uated from Yale University and Harvard Law located in my District, the First Congressional landmark Civil Rights and Voting Rights School. She is, I’ve been told, the first and District of Kentucky. On May 25, 2008, Dr. Acts in 1964 and 1965. only Latina to ever serve as a staff director of Largent became the first female President of There is much more. In a nation which no a full committee in the House. And don’t let The American Academy of Pediatric Dentistry longer seems to address infrastructure needs, her 4’11’’ frame fool you—she is a 1st degree (AAPD) after proudly serving the AAPD for 20 Johnson’s White House gave us the Urban Mass Transit Act, bringing MARTA to At- blackbelt and a sharpshooter. years. lanta, BART to the San Francisco Bay and, Any recognition would be incomplete if I did Founded in 1947, the AAPD is a not-for- of course, Metro to Washington. And John- not thank Tom Flanigan for lending us so profit membership association representing the son was truly a pioneer of environmentalism, much of his wife’s time and energy. He not specialty of pediatric dentistry. The AAPD’s spearheading the Clear Air, Water Quality, only stood by her, but by the committee as we 7,300 members are primary oral health care

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JN8.012 E04JNPT1 erowe on PROD1PC71 with REMARKS June 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1139 providers who offer comprehensive specialty Old Post Office where Fred first met his future INTRODUCTION OF THE ABC ACT treatment for millions of infants, children, ado- wife. After more than thirty years of service, lescents, and individuals with special health he retired from the FBI and served as the Di- care needs. The AAPD also represents gen- rector of Public Safety at Okaloosa Walton HON. CAROLYN B. MALONEY eral dentists who treat a significant number of College and later as the Director of Training at OF NEW YORK children in their practices. the Santa Rosa County Sheriff’s Office. IN THE HOUSE OF REPRESENTATIVES Dr. Largent practices in Paducah, Kentucky The youngest daughter of a coal miner from Wednesday, June 4, 2008 and is a past president of the Kentucky Soci- Iaeger, West Virginia, Barbara was working as ety of Pediatric Dentistry and diplomate of the an administrative assistant at the FBI when Mrs. MALONEY of New York. Madam American Board of Pediatric Dentistry, has she first met Fred. After getting married and Speaker, today I am pleased to re-introduce served on the ADA’s Council of Ethics, Bylaws raising two children, Barbara decided to attend the Access to Books for Children, ABC, Act, and Judicial Review, and is a past president of nursing school at Pensacola Junior College to which would amend the Child Nutrition Act of the Kentucky Dental Association. Dr. Largent pursue a career in health care. She became a 1996 to provide vouchers to mothers for the attended dental school and received her pedi- Registered Nurse and proudly served at West purchase of educational books for infants and atric dental certification from the University of Florida Hospital in Pensacola. children participating in the special supple- Kentucky. She resides in Paducah with her Fred and Barbara continue to demonstrate mental nutrition program for women, infants husband of 40 years, Tom, and is the mother their strong family values and unwavering faith and children, WIC. of two and grandmother of three. in God as loving parents and grandparents. The American Academy of Pediatrics rec- Madam Speaker, it is with great pride that I They have stood as a shining inspiration for ommends daily reading to a child beginning bring to the attention of this House the histor- their son, Dan; daughter, Lori; son-in-law, when the child is 6 months old. Children who ical significance and sense of this notable Chris; and grandchildren, Caroline and Chris- are exposed to books and reading before they achievement. Dr. Beverly Largent’s commit- topher. start school are much more likely to graduate ment to children’s oral health is evident in ev- Through their leadership and dedication, from high school than those who are not. The erything she does—whether it is in her office Fred and Barbara honorably served as an in- ABC Act will make it easier for children in the treating patients, educating parents and care- spiration to us all. Now settled in Santa Rosa WIC program to develop literacy skills by plac- givers or on Capitol Hill advocating for chil- County in retirement, Northwest Florida is truly ing books in the hands of children who may dren. I’m confident she will be a fine leader of blessed to have them as our own. Together, not otherwise have their own books in the this organization and help raise awareness of they have touched and saved a number of home. With the ABC Act, we have an oppor- the importance of pediatric dentistry. lives, and the impact they have made on the tunity to provide nourishment for both the body community will leave a lasting impression. f and the mind to children who need it most. Madam Speaker, on behalf of the United PERSONAL EXPLANATION States Congress, it is a great honor for me to f congratulate Fred and Barbara McFaul on HON. JOE COURTNEY their forty years together and their love and PERSONAL EXPLANATION dedicated service to the communities of North- OF CONNECTICUT west Florida. IN THE HOUSE OF REPRESENTATIVES HON. KEITH ELLISON f Wednesday, June 4, 2008 OF MINNESOTA PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Mr. COURTNEY. Madam Speaker, on Tues- day, June 3, 2008, I was necessarily absent Wednesday, June 4, 2008 from House business as I celebrated the high HON. TODD RUSSELL PLATTS OF PENNSYLVANIA Mr. ELLISON. Madam Speaker, on Tuesday school graduation of my son in Connecticut. June 3, 2008, I inadvertently failed to vote on IN THE HOUSE OF REPRESENTATIVES Had I been present, I would have voted rollcall No. 367, 368 and 369. If I were ‘‘yea’’ on rollcall 367, H. Con Res 138, Sup- Wednesday, June 4, 2008 present, I would voted ‘‘aye’’ on all three roll- porting National Men’s Health Week; voted Mr. PLATTS. Madam Speaker, my vote was calls. ‘‘yea’’ on rollcall 368 H. Res 923, Recognizing not recorded for rollcall No. 365. The vote the State of Minnesota’s 150th Anniversary; should have been recorded as a ‘‘yea’’ vote. f and voted ‘‘yea’’ on rollcall 369, H. Res 1114, Supporting the goals and ideals of the Arbor f PERSONAL EXPLANATION Day Foundation and National Arbor Day. My HONORING PAUL JAMESON vote would not have changed the outcome of any rollcall. HON. TIMOTHY V. JOHNSON HON. SAM GRAVES OF ILLINOIS f OF MISSOURI IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE 40TH WEDDING IN THE HOUSE OF REPRESENTATIVES Wednesday, June 4, 2008 ANNIVERSARY OF FRED AND Wednesday, June 4, 2008 BARBARA MCFAUL Mr. GRAVES. Madam Speaker, I proudly Mr. JOHNSON of Illinois. Madam Speaker, pause to recognize Paul Jameson of Kearney, unfortunately last night, June 3, 2008, I was HON. JEFF MILLER Missouri. Paul is a very special young man unable to cast my votes on H. Con. Res. 138, H. Res. 923, and H. Res. 1114, and wish the OF FLORIDA who has exemplified the finest qualities of citi- record to reflect my intentions had I been able IN THE HOUSE OF REPRESENTATIVES zenship and leadership by taking an active part in the Boy Scouts of America, Troop to vote. Wednesday, June 4, 2008 1135, and earning the most prestigious award Had I been present for rollcall No. 367 on Mr. MILLER of Florida. Madam Speaker, I of Eagle Scout. suspending the rules and passing H. Con. rise today on the occasion of the 40th Wed- Paul has been very active with his troop, Res. 952, Supporting National Men’s Health ding Anniversary of Fred and Barbara McFaul. participating in many Scout activities. Over the Week, I would have voted ‘‘aye.’’ As the love between Fred and Barbara grew many years Paul has been involved with Had I been present for rollcall No. 368 on throughout their forty years of marriage, so did Scouting, he has not only earned numerous suspending the rules and passing H. Res. their love for the people and the communities merit badges, but also the respect of his fam- 923, Recognizing the State of Minnesota’s of Northwest Florida. ily, peers, and community. 150th anniversary, I would have voted ‘‘aye.’’ A native of Baltimore, Maryland, Fred Madam Speaker, I proudly ask you to join Had I been present for rollcall No. 369 on McFaul devoutly served his country and North- me in commending Paul Jameson for his ac- suspending the rules and passing H. Res. west Florida as a Special Agent with the Fed- complishments with the Boy Scouts of Amer- 1114, Supporting the goals and ideals of the eral Bureau of Investigation (FBI). In fact, it ica and for his efforts put forth in achieving the Arbor Day Foundation and National Arbor was just down Pennsylvania Avenue at the highest distinction of Eagle Scout. Day, I would have voted ‘‘aye.’’

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A04JN8.015 E04JNPT1 erowe on PROD1PC71 with REMARKS E1140 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 2008 HONORING THE MEMORY OF housing complex where she lived. To the end I add my voice to those of the workers who MARGARET BENJAMIN of her life, Margaret encouraged people to attended rallies along the coast, demanding participate in government, to let officials like that the American presence in Iraq could HON. KEVIN BRADY me know their thoughts, and to be account- come to an end. It is my understanding that OF TEXAS able. We could do worse than to follow her the ILWU employers, the Pacific Maritime As- IN THE HOUSE OF REPRESENTATIVES motto formed in the crucible of politics, ‘‘just sociation, were able to easily schedule be gracious, no matter what.’’ changes with little or no disruption and there- Wednesday, June 4, 2008 Madam Speaker, it is the dedication, faith, fore, these voluntary actions did not pose any Mr. BRADY of Texas. Madam Speaker, I and commitment of individuals such as Mar- hardship to the industry. Yet, the action sent rise today to honor the memory of Margaret garet Benjamin who make our country strong a strong and important message to Wash- Benjamin, who died on August 15, 2007 at the and who bring out the best in our commu- ington, DC, indicating the ILWU members’ op- age of 93. nities. Thank you for the opportunity to recall position to the war. Living a life that spanned most of the 20th her spirit and her service. The ILWU has a long history of activism in century, Margaret Montgomery was born in f the pursuit of social and international justice, Cincinnati, Ohio, to Robert Montgomery, a vet- including the refusal to load vessels bound for HONORING THE HOME OF THE eran of the Spanish-American War, and his apartheid-era South Africa and El Salvador in INNOCENTS wife, Agnes Stern Montgomery. But her par- the midst of a civil war. On May 1, ILWU ents did not live to see her and her younger members used their voices at work to express sister, Roberta, grow up, as they passed away HON. RON LEWIS their frustration—shared by the overwhelming when Margaret was only 13. Being orphans in OF KENTUCKY majority of Americans—that politicians have the years leading up to the Stock Market IN THE HOUSE OF REPRESENTATIVES failed to bring troops home. Crash of 1929 was hard enough, but in the Wednesday, June 4, 2008 Depression that followed, it could have been f Mr. LEWIS of Kentucky. Madam Speaker, I ruinous were it not for the girls’ father having rise today to pay public tribute to Home of the PERSONAL EXPLANATION supported the Junior OUAM National Orphans Innocents, an innovative nursing facility and Home in Tiffin, Ohio, where they were sent to children’s village for vulnerable children and live. HON. JOSEPH CROWLEY at-risk families located in Louisville, Kentucky. Growing up without parents and feeling re- OF NEW YORK For 128 years, Home of the Innocents has sponsible for her younger sister gave Margaret IN THE HOUSE OF REPRESENTATIVES provided loving and therapeutic care to chil- a mission in life based on community service dren who are victims of abuse, neglect, and Wednesday, June 4, 2008 and caring for others without ever feeling sorry abandonment, as well as treatment services for herself. Reaching her prime in an era when Mr. CROWLEY. Madam Speaker, on June for medically fragile, and special needs chil- women did not generally work outside the 3, 2008, I was absent for three rollcall votes. dren, and youth diagnosed with autism. The home, Margaret took on numerous volunteer If I had been here, I would have voted: ‘‘yea’’ Home serves approximately 300 children a activities. Not the glamorous, fundraising kind, on rollcall vote 367; ‘‘yea’’ on rollcall vote 368; day and more than 2,220 children and at-risk but the ones where she saw a need and and ‘‘yea’’ on rollcall vote 369. families per year throughout Kentucky and stepped in to fill it. These included helping to southern Indiana. organize a volunteer ambulance corps in the f Home of the Innocents is operated by a town where she lived but where the nearest team of dedicated professionals deeply in- HONORING CODY BARTHOLOME hospital was far away. Later, she volunteered vested in the health, security, and advocacy at a nearby state mental hospital, working for children and families in crisis. Through its HON. SAM GRAVES one-on-one with patients struggling to over- two service divisions, the Kosair Charities Pe- OF MISSOURI come addiction to drugs and alcohol. diatric Convalescent Center and the Childkind Her volunteer activities also included helping IN THE HOUSE OF REPRESENTATIVES Center, the home offers a wide range of spe- her husband, Roy, in his successful political Wednesday, June 4, 2008 cialized residential, medical, and community- career. She loved the heat of battle in cam- based services to improve the lives of chil- Mr. GRAVES. Madam Speaker, I proudly paigns, seething with passion underneath the dren. pause to recognize Cody Bartholome of Kan- veneer of cool professionalism. By the time he It is my great privilege to recognize the ex- sas City, Missouri. Cody is a very special was ready to retire from politics, she had be- ceptional staff of Home of the Innocents today young man who has exemplified the finest come so good at identifying issues, commu- before the entire U.S. House of Representa- qualities of citizenship and leadership by tak- nicating with constituents, driving change, and tives for all that they do to promote health, ing an active part in the Boy Scouts of Amer- embodying commitment to public service, that stability, and hope among vulnerable children ica, Troop 1460, and earning the most pres- she was asked to run for office in her own and their families. The objectives and collec- tigious award of Eagle Scout. right. And she won. Even in retirement, Mar- tive achievements of this special organization Cody has been very active with his troop, garet stayed active in politics. At the age of are worthy of our honor and respect. participating in many Scout activities. Over the 86, she managed her son-in-law’s successful f many years Cody has been involved with campaign for local office, showing up at the Scouting, he has not only earned numerous polls and chasing down voters with the assist- IN SUPPORT OF THE MEMBERS OF merit badges, but also the respect of his fam- ance of her walker. Despite old age and failing THE INTERNATIONAL LONG ily, peers, and community. health, she loved Election Day and treasured SHORE AND WAREHOUSE UNION Madam Speaker, I proudly ask you to join the freedom that the privilege to vote entailed. me in commending Cody Bartholome for his Until the last year of her life, Margaret was HON. LAURA RICHARDSON accomplishments with the Boy Scouts of active in volunteer activities related to her life- OF CALIFORNIA America and for his efforts put forth in achiev- long passion for music. She sang in the IN THE HOUSE OF REPRESENTATIVES ing the highest distinction of Eagle Scout. Woodlands Sweethearts chorus, making ap- Wednesday, June 4, 2008 pearances at local events and nursing homes f so that others could be touched by the music Ms. RICHARDSON. Madam Speaker, I rise that was a constant source of inspiration and today to support the members of the Inter- PERSONAL EXPLANATION comfort in her life. national Longshore and Warehouse Union, Indeed, she passed peacefully from this who exercised their first amendment right to HON. LUIS V. GUTIERREZ earth while listening to the music of J.S. Bach voice opposition to the ongoing war in Iraq by OF ILLINOIS that she always found so calming and inspir- stopping work at 29 West Coast ports on IN THE HOUSE OF REPRESENTATIVES ing. Thursday, May 1, 2008. Although the union I had the privilege to know Margaret in her leadership was not involved in this action, a Wednesday, June 4, 2008 retirement years when she moved to Texas to Longshore Caucus resolution called on all Mr. GUTIERREZ. Madam Speaker, I was be closer to her daughter. One of her last en- locals to honor May 1 by taking action to end unavoidably absent on June 3, 2008. Had I deavors was helping my staff to organize a the war and bring troops home safely from been present, I would have voted ‘‘yea’’ on Social Security workshop at the senior citizens Iraq. rollcall votes 367, 368, and 369.

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A04JN8.022 E04JNPT1 erowe on PROD1PC71 with REMARKS June 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1141 A TRIBUTE TO GREG NELSON ON A SENSIBLE PATH ON IRAN Moreover, there is no credible reason to as- THE OCCASION OF HIS RETIRE- (By Zbigniew Brzezinski and William Odom) sume that the traditional policy of strategic MENT Current U.S. policy toward the regime in deterrence, which worked so well in U.S. re- Tehran will almost certainly result in an lations with the Soviet Union and with Iran with nuclear weapons. The seemingly China and which has helped to stabilize HON. ANNA G. ESHOO clever combination of the use of ‘‘sticks’’ India-Pakistan hostility, would not work in OF CALIFORNIA and ‘‘carrots,’’ including the frequent official the case of Iran. The widely propagated no- IN THE HOUSE OF REPRESENTATIVES hints of an American military option ‘‘re- tion of a suicidal Iran detonating its very first nuclear weapon against Israel is more Wednesday, June 4, 2008 maining on the table,’’ simply intensifies Iran’s desire to have its own nuclear arsenal. the product of paranoia or demagogy than of Ms. ESHOO. Madam Speaker, it is my privi- Alas, such a heavy-handed ‘‘sticks’’ and serious strategic calculus. It cannot be the lege to honor Greg Nelson, a resident of your ‘‘carrots’’ policy may work with donkeys but basis for U.S. policy, and it should not be for Congressional District who retires today, June not with serious countries. The United Israel’s, either. An additional longer-range benefit of such 4, 2008, from the teaching of history for over States would have a better chance of success if the White House abandoned its threats of a dramatically different diplomatic approach 40 years. is that it could help bring Iran back into its Greg earned his BA in political science and military action and its calls for regime change. traditional role of strategic cooperation with history at San Francisco State in 1967, and Consider countries that could have quickly the United States in stabilizing the Gulf re- soon after began his career at Arcata High become nuclear weapon states had they been gion. Eventually, Iran could even return to School teaching government and geography. treated similarly. Brazil, Argentina and its long-standing and geopolitically natural He also worked as a volunteer for Vista, a South Africa had nuclear weapons programs pre-1979 policy of cooperative relations with grassroots organization that worked for school but gave them up, each for different reasons. Israel. One should note also in this connec- tion Iranian hostility toward al-Qaeda, late- and community relations in his hometown of Had the United States threatened to change their regimes if they would not, probably ly intensified by al-Qaeda’s Web-based cam- Detroit, Michigan, before earning a master’s paign urging a U.S.-Iranian war, which could degree in secondary education from the Uni- none would have complied. But when ‘‘sticks’’ and ‘‘carrots’’ failed to prevent both weaken what al-Qaeda views as Iran’s versity of San Francisco in 1972. It was that India and Pakistan from acquiring nuclear apostate Shiite regime and bog America autumn that Greg began teaching history at weapons, the United States rapidly accom- down in a prolonged regional conflict. Lick-Wilmerding High School in San Fran- modated both, preferring good relations with Last but not least, consider that American cisco. them to hostile ones. What does this suggest sanctions have been deliberately obstructing During his 35 years in the history depart- to leaders in Iran? Iran’s efforts to increase its oil and natural gas outputs. That has contributed to the ris- ment at Lick, Greg has built his reputation as To look at the issue another way, imagine if China, a signatory to the nuclear Non-Pro- ing cost of energy. An eventual American- an accomplished scholar of history and gov- Iranian accommodation would significantly ernment, and a devoted mentor and advisor to liferation Treaty and a country that has de- liberately not engaged in a nuclear arms increase the flow of Iranian energy to the students. His senior seminar in constitutional race with Russia or the United States, world market. Americans doubtless would law remains one of the most popular offerings threatened to change the American regime if prefer to pay less for filling their gas tanks and helped spawn Constitution Day, which in- it did not begin a steady destruction of its than having to pay much more to finance a cludes competitions and games for the entire nuclear arsenal. The threat would have an wider conflict in the Persian Gulf. student body to celebrate that glorious docu- arguable legal basis, because all treaty sig- f ment. Greg possesses encyclopedic knowl- natories promised long ago to reduce their PERSONAL EXPLANATION edge of U.S. history, to be sure, but always arsenals, eventually to zero. The American will be best known for his passion for teaching reaction, of course, would be explosive public opposition to such a demand. U.S. leaders HON. ALBIO SIRES this history to his students year after year. might even mimic the fantasy rhetoric of During his tenure at Lick-Wilmerding, he has Iranian President Mahmoud Ahmadinejad re- OF NEW JERSEY inspired over 2,500 students to become garding the use of nuclear weapons. IN THE HOUSE OF REPRESENTATIVES civically engaged and to take action in order to A successful approach to Iran has to ac- Wednesday, June 4, 2008 preserve the best in our democracy. How fit- commodate its security interests and ours. ting, then, that the last student project that Neither a U.S. air attack on Iranian nuclear Mr. SIRES. Madam Speaker, I would like to Greg led was an 8-day immersion in the work- facilities nor a less effective Israeli one state for the RECORD my position on the fol- ings of city government at San Francisco City could do more than merely set back Iran’s lowing votes I missed on June 3, 2008. Had nuclear program. In either case, the United Hall, which included opportunities for current I been present, I would have voted ‘‘yes’’ on States would be held accountable and would rollcall 367 on H. Con. Res. 138; ‘‘yes’’ on roll- students to work with many of his former stu- have to pay the price resulting from likely dents who now work in public service. What a Iranian reactions. These would almost cer- call 923 on H. Res. 923; and ‘‘yes’’ on rollcall gift! tainly involve destabilizing the Middle East, 369 on H. Res. 1114. Over the years, Greg also has been a be- as well as Afghanistan, and serious efforts to f loved student advisor, a happy and willing disrupt the flow of oil, at the very least gen- TRIBUTE TO CAPT. AMY BARKIN chaperone, and retreat leader. He has served erating a massive increase in its already FOR 30 YEARS OF SERVICE WITH as Department Chair, and has been a caring high cost. The turmoil in the Middle East re- sulting from a preemptive attack on Iran THE UNITED STATES PUBLIC mentor to new faculty. His contributions to the would hurt America and eventually Israel, HEALTH SERVICE school and the larger community truly are leg- too. endary. And most of all, his gentle nature and Given Iran’s stated goals—a nuclear power generous nature will be missed. capability but not nuclear weapons, as well HON. JOHN W. OLVER Madam Speaker, I ask the entire House of as an alleged desire to discuss broader U.S.- OF MASSACHUSETTS Representatives to join me in congratulating Iranian security issues—a realistic policy IN THE HOUSE OF REPRESENTATIVES would exploit this opening to see what it Greg Nelson for an extraordinary teaching ca- Wednesday, June 4, 2008 reer and thank him for honoring our Constitu- might yield. The United States could indi- cate that it is prepared to negotiate, either Mr. OLVER. Madam Speaker, it is with tion, for enhancing our democracy, and for on the basis of no preconditions by either strengthening our community and our country. great pleasure that I rise today to recognize side (though retaining the right to terminate CAPT Amy C. Barkin, who is retiring from the f the negotiations if Iran remains unyielding but begins to enrich its uranium beyond lev- United States Public Health Service after a IN MEMORY OF LT. GEN. WILLIAM els allowed by the Non-Proliferation Treaty); distinguished 30 year career. Her unique con- ODOM or to negotiate on the basis of an Iranian tributions as a nationally recognized clinician, willingness to suspend enrichment in return public health expert, and skilled administrator HON. LYNN C. WOOLSEY for simultaneous U.S. suspension of major have had a profound impact on health care in economic and financial sanctions. OF CALIFORNIA this country. Such a broader and more flexible approach During her career, she made numerous con- IN THE HOUSE OF REPRESENTATIVES would increase the prospects of an inter- tributions to the State of Massachusetts. Wednesday, June 4, 2008 national arrangement being devised to ac- commodate Iran’s desire for an autonomous CAPT Barkin planned and implemented three Ms. WOOLSEY. Madam Speaker, I ask that nuclear energy program while minimizing health care programs for retarded and men- the following article be inserted into the the possibility that it could be rapidly trans- tally ill patients in state facilities in western RECORD. formed into a nuclear weapons program. Massachusetts (Belchertown, Monson and

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JN8.027 E04JNPT1 erowe on PROD1PC71 with REMARKS E1142 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 2008 Northampton State Hospitals), using resources This legislation provides much needed mort- obtain commissions. The program has signifi- gained at the University of Massachusetts gage refinancing assistance to combat the cance in assisting to promote the Navy and Medical Center. She established on-site spe- symptoms of our stressed, strained, and stag- Coast Guard, particularly in those areas of the cialty health care clinics, recruited on-site nant economy. H.R. 3221 provides relief and U.S where these Services have little presence, medical, health, and support staff and brought stability to hard working Americans who find such as Ganado, Arizona, where there is a health care to a disenfranchised population. themselves threatened with losing their thriving Naval Sea Cadet Corps program. Ac- Additionally, she designed and opened a 25- homes. cessions related to this program are a signifi- bed inpatient psychiatric unit at the then new Specifically H.R. 3221 authorizes the Fed- cant asset to the Services: Over 2,000 ex-Sea University of Massachusetts Medical Center. eral Housing Administration to provide lower Cadets enlist annually and an average of over CAPT Barkin worked with community mental cost government-backed mortgages for bor- 10 percent of U.S. Naval Academy Mid- health centers in Massachusetts and New rowers to avoid foreclosure. This bill is not in- shipmen are ex-Cadets. England. She introduced the concept of men- tended to bail out borrowers; instead, it is a f tal health to Boston’s Italian speaking commu- surefire way to sustain our economy by giving nity of the North End and drafted a grant for homeowners a chance to pay their loans in a WILD PRATT RIVER ACT mental health center funding. As the only bilin- reasonable and responsible manner. And pro- gual clinical counselor at the time, CAPT vides financial counseling for families to re- HON. JAY INSLEE Barkin designed and implemented a program main in their homes and expands home loan OF WASHINGTON that would be accepted by the residents. The opportunities for low-income families and vet- IN THE HOUSE OF REPRESENTATIVES mental health program, located in Boston’s erans in high cost areas. Wednesday, June 4, 2008 North End Health Center, has been in oper- This bill is what our communities need. Just ation for over 30 years and plays a vital role in the great state of Illinois; out of 1.7 million Mr. INSLEE. Madam Speaker, at an early in the community. serviced loans in 2007, already over 500,000 age, my dad and mom taught me to walk on The State of Massachusetts is particularly are seriously delinquent or more than 90 days the rocks, not the alpine meadows they helped indebted to CAPT Barkin for her focus on past due. It will insulate our neighborhoods restore in Mount Rainier National Park. It is in teenage alcohol abuse prevention and drunk from the effects of widespread foreclosures that tradition that I have worked in Congress driving that resulted in the increased delivery and crime. It will prevent our residents from and the Natural Resources Committee to pre- of comprehensive, coordinated substance experiencing the crippling hardships that are serve the natural beauty of the Northwest for abuse care in Massachusetts and other New strongly associated with our struggling econ- my children, grandchildren and generations to England states. omy. And it will make the American dream of come. Please join me in congratulating CAPT Amy homeownership for all a reality instead of a After 6 years of hard work and community Barkin on her retirement after a 30 year career nightmare. input, wilderness supporters last Friday cele- with the United States Public Health Service. Madam Speaker, H.R. 3221 is critical at this brated the newly designated Wild Sky Wilder- Her focus on access to alcohol, drug abuse, time of economic uncertainty. I urge my col- ness Area near my district in Washington mental health and primary health care serv- leagues to join me in support of this important state. It contains over 106,000 acres of na- ices is commendable and laudable and al- legislation. tional forest in east Snohomish County. Sen- though she is retiring, her legacy will continue ator MURRAY and Congressman LARSEN exer- f to make the Nation a healthier and safer cised great leadership to build such a wide place. EARMARK DECLARATION consensus for this effort and have set the gold f standard for how to write wilderness legislation HONORING AARON ROCHEN HON. RICK RENZI in this country. OF ARIZONA In this same spirit of preserving our State’s pristine old growth and mature forests, rivers, HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES and mountain peaks, today I added my name OF MISSOURI Wednesday, June 4, 2008 as a cosponsor to the Alpine Lakes Wilder- IN THE HOUSE OF REPRESENTATIVES Mr. RENZI. Madam Speaker, I submit the ness Additions and Wild Pratt River Act of Wednesday, June 4, 2008 following: 2007 (H.R. 4113). I did so because it is my Mr. GRAVES. Madam Speaker, I proudly Requesting Member: Congressman RICK hope that at some point we are successful in pause to recognize Aaron Rochen of Kansas RENZI. crafting a final bill that is as full and complete City, Missouri. Aaron is a very special young Bill Number: H.R. 5658. as this wilderness deserves. In its present man who has exemplified the finest qualities Account: Operation and Maintenance, Navy form, the bill would add 22,000 acres of wil- of citizenship and leadership by taking an ac- (OMN). derness area to the Alpine Lakes Wilderness tive part in the Boy Scouts of America, Troop Legal Name of Requesting Entity: U.S. Area that first was established in 1976. 1900, and earning the most prestigious award Naval Sea Cadet Corps. As we learned with Wild Sky, getting a wil- of Eagle Scout. Address of Requesting Entity: U.S. Naval derness bill to the president’s desk and signed Aaron has been very active with his troop, Sea Cadet Corps, 2300 Wilson Blvd., North, into law takes a significant amount of effort participating in many scout activities. Over the Suite 200, Arlington, VA 22201. from stakeholders, consensus from community many years Aaron has been involved with Description of Request: The request is members and widespread support from law- scouting, he has not only earned numerous $300,000 for a program that is focused upon makers. Therefore, we must get wilderness merit badges, but also the respect of his fam- development of youth ages 11–17, serving al- area designation right the first time, doing as ily, peers, and community. most 9,000 Sea Cadets managed by adult vol- much as possible to avoid piecemeal efforts to Madam Speaker, I proudly ask you to join unteers. The U.S. Naval Sea Cadet Corps slowly add to wilderness time and again. I do me in commending Aaron Rochen for his ac- promotes interest and skill in seamanship and have some concerns that this bill may not yet complishments with the Boy Scouts of Amer- aviation and instills qualities that mold strong have reached the maturity and completeness ica and for his efforts put forth in achieving the moral character in an anti-drug and anti-gang necessary to bring the wilderness area to fru- highest distinction of Eagle Scout. environment. ition, in two ways. f Summer training onboard Navy and Coast First, the boundaries of the wilderness need THE AMERICAN HOUSING RESCUE Guard ships and shore stations is a chal- full consideration. For example, we need to AND FORECLOSURE PREVENTION lenging training ground for developing self- look at whether the absence of the inclusion of ACT confidence and self-discipline, promotion of the north portion of the Pratt River Valley re- high standards of conduct and performance duces the ecosystem benefits that this wilder- HON. BOBBY L. RUSH and a sense of teamwork. Funds will be uti- ness could accomplish. Areas southeast of the lized to ‘‘buy down’’ the out-of-pocket ex- present boundaries deserve similar consider- OF ILLINOIS penses for training to $85 per week. ation for comparable reasons. IN THE HOUSE OF REPRESENTATIVES The Naval Sea Cadet Corps instills in every Second, the success of the Wild Sky Wilder- Wednesday, June 4, 2008 Cadet a sense of patriotism, courage and the ness Act of 2007 demonstrated the impor- Mr. RUSH. Madam Speaker, I rise today in foundation of personal honor. A significant tance of being as open and inclusive early in support of H.R. 3221, the American Housing percent of Cadets join the Armed Services the process in developing the boundaries of Rescue and Foreclosure Prevention Act. often receiving accelerated advancement, or the area, as well defining all other aspects of

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JN8.031 E04JNPT1 erowe on PROD1PC71 with REMARKS June 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1143 the proposal. I would like to see an even see himself as a ‘‘Tigger’’ instead of an whose achievements and camaraderie should greater effort to engage the full participation of ‘‘Eeyore.’’ He sees each day as another op- be models for other teams across the country. the public. portunity to impact the lives of others and to f I look forward to working with my colleagues share his sage advice about living. He encour- to add to Washington’s prized wilderness ages us to ‘‘always wait for people to show HONORING THE MEMORY OF JOHN areas in the tradition of the Wild Sky. their good side, no matter how long it takes.’’ LAUTHLIN MOORE, III f He challenges us to ‘‘never give up’’ and to ‘‘remember that brick walls are there to make HON. JO BONNER A TRIBUTE TO DR. RANDY PAUSCH you realize how badly you want something.’’ OF ALABAMA Faced with the seemingly insurmountable IN THE HOUSE OF REPRESENTATIVES HON. LUCILLE ROYBAL-ALLARD brick wall of pancreatic cancer, Randy seizes Wednesday, June 4, 2008 OF CALIFORNIA every opportunity to create precious memories IN THE HOUSE OF REPRESENTATIVES with his wife, Jai, and their three young chil- Mr. BONNER. Madam Speaker, the city of dren: Dylan, 6, Logan, 3, and Chloe who is al- Mobile and the state of Alabama recently lost Wednesday, June 4, 2008 most 2. a dedicated community leader, and I rise Ms. ROYBAL-ALLARD. Madam Speaker, I As a Member of the House Appropriations today to honor Judge John Lauthlin Moore, III rise today to pay tribute to Dr. Randy Pausch, Committee, I have had the privilege of meet- and pay tribute to his memory. a courageous and charismatic Carnegie Mel- ing many impressive people—but Dr. Pausch A native of Porterville, Mississippi, Judge lon professor with pancreatic cancer, who has has been one of the most memorable. My Moore received an undergraduate degree from chosen to dedicate his last months to raising hope is that he will be able to continue to the University of Mississippi and a law degree congressional awareness about the impor- delay the progress of the disease and that his from the University of Alabama. After prac- tance of research for this deadly disease. days of good health will continue. Most of all, ticing law in Mobile for a number of years, he Dr. Pausch is an award winning educator, I hope that Dr. Pausch and his family know became the Probate Judge of Mobile County researcher, and computer scientist at Car- that he is an inspiration to us all. Through his in 1963, a position he held until 1982. After negie Mellon University. Considered one of lecture and his advocacy, he has not only left which time, Judge Moore served for 20 years the Nation’s foremost teachers of virtual-reality behind a legacy for his children, but for the as Supernumerary Probate Judge of Mobile technology, he helped develop a software pro- millions of people he has touched with his County until his retirement in 2003. gram called ‘‘Alice’’ that encourages kids, par- story. Judge Moore was a lifelong Baptist and a ticularly young girls, to become interested in f member of Spring Hill Baptist Church. He was programming. This 47-year-old husband and a past president of the Alabama Probate RECOGNIZING THE ARIZONA father of three young children became acci- Judges Association. He served on the board STATE UNIVERSITY SOFTBALL dentally famous when his motivational Last of directors of the Alabama Archives, and he TEAM 2008 WOMEN’S COLLEGE Lecture at Carnegie Mellon was leaked onto was a George F. Hixson Fellow of the Kiwanis WORLD SERIES CHAMPIONS the Internet and inspired more than six million Club. people. Madam Speaker, I ask my colleagues to join Dr. Pausch is the epitome of a professor— HON. HARRY E. MITCHELL me in remembering a dedicated community never turning away from an opportunity to OF ARIZONA leader, a friend to many throughout Alabama, educate others. In his Last Lecture, which he IN THE HOUSE OF REPRESENTATIVES as well as a wonderful husband and devoted titled ‘‘How to Really Achieve Your Childhood Wednesday, June 4, 2008 father. Judge John L. Moore, III will be dearly Dreams,’’ he gives wise advice on how to ac- Mr. MITCHELL. Madam Speaker, I rise missed by his family—his wife, Mary Anne complish even those seemingly impossible today in recognition of the Arizona State Uni- Grieme Moore; his daughter, Anne Moore Pat- childhood wishes, and ultimately, how to live a versity Softball team, the winners of the 2008 ton; his son, John L. Moore, IV and his wife full and happy life. Most importantly, this lec- Women’s College World Series. Anne; and his grandchildren, James Moore ture was an opportunity for Dr. Pausch to After finishing an excellent regular season Patton, John Thurman Moore, Thomas Ware leave a message for his children that he will and earning a spot in the WCWS under the Moore and Lauthlin Anne Patton—as well as not live to tell them himself. leadership of Coach Clint Myers, the Sun Dev- the many countless friends he leaves behind. I had the good fortune to meet Dr. Pausch ils reached the cusp of a National Champion- Our thoughts and prayers are with them all in January of this year when he came with the ship on Monday, June 2nd in a best-of-three during this difficult time. Pancreatic Cancer Action Network to advocate series against the Texas A&M Aggies. In front f for a National Plan to Advance Pancreatic of a record crowd of over 7,000 people at ASA Cancer Research. This research is critical Hall of Fame Stadium in Oklahoma City, star RECOGNIZING DOUGLAS AND given the disturbing statistics showing that pitcher Katie Burkhart threw an opening-game ESTELLE ROGERS only five percent of pancreatic cancer patients shutout and Krista Donnenwirth drove in all remain alive after 5 years of diagnosis. Ac- three of the Sun Devils’ runs in a 3–0 win. The HON. JEFF MILLER cording to Dr. Pausch, he is a ‘‘rock star’’ be- Sun Devils then clinched the title Tuesday, OF FLORIDA cause he has been living with a disease for June 3rd in a game that made the NCAA IN THE HOUSE OF REPRESENTATIVES over 8 months that claims the lives of most record books. They started off strong in the Wednesday, June 4, 2008 patients within 4 to 6 months of diagnosis. third inning, building a 3–0 lead, and did not While the survival rates for this lethal disease let up until they had trounced the Aggies 11– Mr. MILLER of Florida. Madam Speaker, on have remained fairly constant over the last 30 0. behalf of the United States Congress, it is an years, few resources have been dedicated to Not only did the Sun Devils set a record for honor for me to rise today in recognition of researching new treatments. the highest margin of victory in Women’s Col- Douglas and Estelle Rogers for their exem- With what little time he has left, Dr. Pausch lege World Series history, but this win marked plary dedication to the city of Laurel Hill, Flor- is doing his best to make a meaningful con- the first national title for ASU in softball. Arizo- ida. tribution to pancreatic cancer research. In ad- nans and a national television audience For years Douglas and Estelle Rogers have dition to coming to lobby Congress in January, shared in the excitement, pride and sports- been serving the city of Laurel Hill, Florida. Dr. Pausch returned on March 13 to testify be- manship ASU’s players displayed both on the With resumes stocked with civil service posi- fore the House Subcommittee on Labor, field and in the dugout during this inspiring vic- tions and community outreach, the Rogers Health and Human Services, and Education tory. have helped advance their burgeoning city during the public witness hearings. Although As an alumnus of Arizona State, I am hon- and, subsequently, have become engrained in he will not benefit from the awareness he is ored and excited to see a team from my alma the city’s history. raising for this disease, he has taken time to mater accomplish this feat. This is truly a vic- Both Mr. and Mrs. Rogers have served on educate Congress about this disease and ask tory for Sun Devils everywhere. The cham- the Laurel Hill City Council. In addition to us to take the necessary steps to begin to pionship title has been a long time coming for being the city’s mayor for a year, Mr. Rogers change the horrifying statistics. this team, and these women showed that true was also the chief of Laurel Hill’s Fire Depart- A man who believes in honesty above all dedication and persistence can indeed pay off. ment. He is also an honored veteran, having else, Dr. Pausch does not sugarcoat his situa- Madam Speaker, please join me in cele- served in WWII from 1944 to 1946. Mr. Rog- tion. In spite of his prognosis, he continues to brating the remarkable success of this team, er’s accomplishments are rivaled only by

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JN8.034 E04JNPT1 erowe on PROD1PC71 with REMARKS E1144 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 2008 those of his wife who established the ‘‘Citizen within the 75-mile radius that will be served by HAITI, BACK TO THE CRISIS of the Year’’ program and authors the ‘‘Up on the new cemetery. Currently, the closest avail- STAGE the Hill’’ column which appears in the local able VA cemetery is Florida National Ceme- paper. tery in Bushnell, Florida, which is about 110 HON. CHARLES B. RANGEL After countless hours of working behind the miles from the City of Sarasota. OF NEW YORK scenes, the Rogers are being recognized for I look forward to the day when area vet- IN THE HOUSE OF REPRESENTATIVES their outstanding commitment to the area. The erans and qualified family members can be First District of Florida is incredibly fortunate to memorialized with the honor and respect they Wednesday, June 4, 2008 have received the services provided by the deserve close to home at the Sarasota VA Mr. RANGEL. Madam Speaker, the time Rogers and they will be remembered for their Cemetery in Sarasota. has come to call attention to the food crisis philanthropic efforts. f which threatens to have a worldwide impact; I Madam Speaker, on behalf of the United want to enter into the RECORD an editorial States Congress, I am proud to recognize PERSONAL EXPLANATION from the New York CaribNews for the week Doug and Estelle Rogers for their exemplary ending April 22, 2008, ‘‘Haiti, Back to the Cri- service to the community of Laurel Hill. HON. WALLY HERGER sis Stage, Food Crisis and Riots Underscore f OF CALIFORNIA Dire Economic and Social Conditions that Re- IN THE HOUSE OF REPRESENTATIVES quire Urgent Attention.’’ PERSONAL EXPLANATION Wednesday, June 4, 2008 Rising food prices are fueling the global HON. STEVEN R. ROTHMAN Mr. HERGER. Madam Speaker, on May 21, hunger crisis. Haiti is the poorest country in 2008, I inadvertently missed rollcall vote No. the Western Hemisphere and oldest black OF NEW JERSEY 347, which was on consideration of the Vet- sovereign state. It is sad to think of Haitians IN THE HOUSE OF REPRESENTATIVES erans Emergency Care Fairness Act of 2008. demonstrating and taking to the streets in Wednesday, June 4, 2008 Had I been present, I would have voted ‘‘yea.’’ order to call the world’s attention to the fact ordinary people cannot afford to buy food. The Mr. ROTHMAN. Madam Speaker, I would f like to state for the record my position on the World Bank estimates that food prices have following votes I missed on June 3, 2008. On IN RECOGNITION OF THE CLEVE- gone up by 83 percent globally over the last Tuesday, June 3, 2008, I was unable to be LAND METROPOLITAN BAR AS- 3 years. The country is struggling to stabilize present in the Capitol and missed rollcall votes SOCIATION itself and now rising food prices threaten the Nos. 367 through 369. Had I been present, I progress that has been made. Haiti’s need for assistance is a result of job- would have voted in the following manner: HON. DENNIS J. KUCINICH On rollcall vote No. 367, on H. Con. Res. OF OHIO lessness, high infant mortality, and depend- 138, a resolution supporting National Men’s IN THE HOUSE OF REPRESENTATIVES ence on imported food, inadequate health care services and poor educational opportunities. It Health Week, I would have voted ‘‘aye.’’ Wednesday, June 4, 2008 On rollcall vote No. 368, on H. Res. 923, a is time for the international donor community Mr. KUCINICH. Madam Speaker, I rise resolution recognizing the state of Minnesota’s to live up to the promises made to Haiti. The today in honor of the Cleveland Metropolitan 150rh anniversary, I would have voted ‘‘aye.’’ World Bank has outlined a strategy for the Bar Association, and in recognition of the indi- On rollcall vote No. 369, on H. Res. 1114, Government of Haiti, which includes helping vidual and collective dedication and service of a resolution supporting the goals and ideals of the country to deliver rapid results, through the Cuyahoga County Bar Association (CCBA) the Arbor Day Foundation and National Arbor jobs and basic services to foster development and the Cleveland Bar Association (CBA). Day, I would have voted ‘‘aye.’’ over the long term. The CBA and the CCBA joined this year to This article points out the critical need for f create the Cleveland Metropolitan Bar Asso- not only long term solutions but short and in- DEDICATION OF THE SARASOTA ciation, which has a collective membership of terim term solutions to rush assistance to VA NATIONAL CEMETERY over six thousand attorneys. The Cleveland those in greatest need. The right type of as- Bar Association, founded in 1873, was one of sistance is paramount in maintaining stability HON. VERN BUCHANAN the oldest bar associations in the country and in Haiti, allowing the country to continue to was the largest provider of legal seminars in OF FLORIDA make progress towards self sufficiency, which Ohio. The CCBA was founded in 1928 in pro- IN THE HOUSE OF REPRESENTATIVES will help bring an end to the suffering. test of the exclusionary practices in Cleve- Haiti serves a wake up call to the potential Wednesday, June 4, 2008 land’s legal profession at that time. The break- looming global food crisis. It is taking an im- Mr. BUCHANAN. Madam Speaker, I rise away CCBA drew its members from smaller mense toll on the world’s poorest people, who today to thank the Sarasota National Veterans firms and solo practices and reflected a di- typically spend up to 80 percent of their in- Cemetery Advisory Committee, which played a verse ethnic mix which included Jewish attor- come on food. After many years of working to valuable role in the recent groundbreaking and neys and others from the influx of attorneys end hunger and poverty, the United States dedication ceremony for the Sarasota VA Na- from the Irish, Italian, Eastern European, and and other developed nations must put forth tional Cemetery. African-American southern migrations to bolder efforts to ensure progress is not lost in I also recognize cemetery director Sandra Cleveland. resolving global hunger. Beckly and VA Under Secretary William F. The unification of the CBA and CCBA in HAITI, BACK TO THE CRISIS STAGE: FOOD CRI- Tuerk for their involvement in the planning and 2008 was a historic event which reflects the SIS AND RIOTS UNDERSCORE DIRE ECONOMIC celebration of this tremendous event. Further- breaking down of ethnic, religious, racial, and AND SOCIAL CONDITION THAT REQUIRES UR- more, I want to express my deep appreciation socio-economic barriers which were so preva- GENT ATTENTION to the estimated 3,000 people who gathered to lent in Cleveland 80 years ago. The merger Just when people in different parts of the celebrate this important milestone. was made possible under the leadership of world, especially the Caribbean and the Hai- The Sarasota VA National Cemetery is an each bar association after 80 years of oper- tian Diaspora, dared to dream that Haiti was honor to the sacrifices of the many soldiers ating separately. Together the leadership of on the mend and making progress, food riots the former CBA and CCBA will ensure that the broke out in the capital of Port au Prince a who have made the ultimate sacrifice and died few day ago and they cost the Prime Min- on behalf of a grateful nation and to the ac- new Cleveland Metropolitan Bar Association ister, Jacques Edouard Alexis, his job. complishments of all veterans whose service will be one of the largest and most successful And if some members of the Senate get has allowed us to enjoy our American way of bar associations in the country, providing the their way, the next on the list would be life. Greater Cleveland area with an even greater President Rene Preval, the duly elected chief The people of Florida’s 13th District have variety of services and community work. of state, who has brought a measure of sta- been closely monitoring the progress we have Madam Speaker and colleagues, please join bility to the French-speaking Caribbean na- made to establish a new national cemetery in me in honor and appreciation of the Cleveland tions, the oldest Black sovereign state in the Metropolitan Bar Association, and in recogni- Western Hemisphere. Sarasota County. The timely completion of this Any attack on the President would be a project is a primary concern for area veterans tion of the collective and individual efforts of tragedy. and is one of my highest priorities. the former CBA and CCBA, for their dedica- Few people, if any at all, could get angry We have 97,000 veterans in my congres- tion and service to the Greater Cleveland with the demonstrators for taking to the sional district and nearly 400,000 veterans community. streets to let the world know that they are

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A04JN8.036 E04JNPT1 erowe on PROD1PC71 with REMARKS June 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1145 hungry and need food at affordable prices. for a long-term solution are falling on deaf of our great society. I hold the principles out- After all, as Michael Hess, a senior adminis- ears. lined in our Constitution dear and I will not trator of the United States Agency for Inter- So, it’s important that a short, medium give up those freedoms easily for a false national development, explained it, ‘‘people and long-term solution be implemented with sense of security. It is time for Congress to are making two dollars a day and we’re see- the involvement of Haitians. Far too often ing food prices go up around the world.’’ tens of millions of dollars were set aside for stand up for the morals and values that have In other words, what do you expect when the country’s development but in the end the made this country great, instead of rubber- people are pushed up against the wall and country remains poor. That’s because the av- stamping the policies of the current Adminis- don’t have anywhere else to turn. erage Haitian was never the intended bene- tration, which have already cost this country The dire food situation in Haiti and the so- ficiary. That has perpetuated a cycle of pov- enormously. cial upheaval it caused have not only drama- erty that must be ended so that people there I urge all of my colleagues to end the polit- tized the crisis confronting developing coun- can enjoy the kind of economic success that ical posturing and join me in support of H.R. tries as imported food and fertilizers go we know is possible. 3773 so we can ensure that our national secu- through the roof in the Caribbean, Latin But Haitians too have a responsibility to America, Asia, the Middle East and other re- push the process forward. The Haitian Dias- rity and our civil liberties are protected. gions of the world but it points to the unsta- pora has played its part, sending back more ble economic and social conditions in Haiti. than $4 billion to relatives since 2002 and f Here’s a country that is among the poorest many of the improvements in housing, for of the poor and it is feeling the full force of instance can be traced directly to the remit- CONGRATULATING ASU FOR WIN- escalating global food prices, It is clear that tances. But the flow of that money is being NING THE 2008 NCAA WOMEN’S the current situation if not remedied soon threatened by the economic slowdown in the COLLEGE WORLD SERIES can lead to mass starvation and undermine United States. It would be a pity because a its government. In a country which has had reduction would heighten suffering. Coupled more than its fair share of economic and so- with the 50 percent rise in food prices since HON. HARRY E. MITCHELL cial problems for more than two hundred the middle of last year a cut in assistance OF ARIZONA years, the specter of widespread hunger and remittances would be a triple whammy, IN THE HOUSE OF REPRESENTATIVES should be enough to convince donor nations widening hunger, social upheaval and des- and development institutions that Haiti’s peration. Wednesday, June 4, 2008 problems can’t be ignored any longer. According to estimates by reputable inter- f Mr. MITCHELL. Madam Speaker, I rise national organizations, Haiti has enough today in recognition of the Arizona State Uni- food to satisfy its people’s needs but the FOREIGN INTELLIGENCE versity softball team, winners of the 2008 problem is that millions of nationals can’t SURVEILLANCE ACT (FISA) OF 2008 Women’s College World Series. afford to buy it. That reflects both the After finishing an excellent regular season chronic long-term poverty picture and the and earning a spot in the WCWS under the current nightmare of rising food costs. It is HON. BOBBY L. RUSH as if Haitians are caught between two crush- OF ILLINOIS leadership of Coach Clint Myers, the Sun Dev- ing pinchers. IN THE HOUSE OF REPRESENTATIVES ils reached the cusp of a national champion- Obviously time is not on the side of Hai- ship on Monday, June 2, in a best-of-three se- tians, a nightmare that’s evident in the pre- Wednesday, June 4, 2008 ries against the Texas A&M Aggies. In front of diction of aid organizations that the nutri- Mr. RUSH. Madam Speaker, I would like to a record crowd of over 7,000 people at ASA tional crisis can lead to further impoverish- voice my support for H.R. 3773, the FISA Hall of Fame Stadium in Oklahoma City, star ment. That would be a crying shame for sev- Amendments Act of 2008. There is no more pitcher Katie Burkhart threw an opening-game eral reasons. shutout and Krista Donnenwirth drove in all First, the international donor community important responsibility that Congress is has promised much to Haiti but has often charged with than protecting the American three of the Sun Devils’ runs in a 3–0 win. The failed to live up to its word. Last weekends people. H.R. 3773 seeks to find that most crit- Sun Devils then clinched the title Tuesday, riots underscore the people’s plight and the ical balance between protecting our security June 3, in a game that made the NCAA record obvious need for prompt international ac- and protecting our liberty. books. They started off strong in the third in- tion, a point made by Robert Zoelick, Presi- Without the proposed amendments, FISA ning, building a 3–0 lead, and did not let up dent of the World Bank. Act creates a new ‘‘blanket’’ warrant program until they had trounced the Aggies 11–0. We couldn’t agree more. Not only did the Sun Devils set a record for Secondly, the pace of improvement has that would allow the government to conduct been too slow. There is a need to accelerate surveillance on groups of foreign targets who the highest margin of victory in Women’s Col- the rate of overall national development and may contact U.S. persons, including surveil- lege World Series history, but this win marked not simply treat the food crisis as if it were lance of communications to and by such U.S. the first national title for ASU in softball. Arizo- an isolated phenomenon. persons. The new blanket surveillance pro- nans and a national television audience Haiti is the poorest country in the Western gram authorized in H.R. 3773 allows the Di- shared in the excitement, pride and sports- Hemisphere and its unstable political and rector of National Intelligence and the Attorney manship ASU’s players displayed both on the economic picture is the result of indifference General to apply for authority to conduct sur- field and in the dugout during this inspiring vic- of some of its former leaders and exploi- tory. tation by foreign governments and interests, veillance of foreign targets, or groups of for- especially the U.S. whose role in the country eign targets for up to 1 year or longer if nec- As an alumnus of Arizona State, I am hon- often ignored what’s best for the people. essary. ored and excited to see a team from my alma The country cries out for assistance. It has Additionally, the FISA Act allows the DNI mater accomplish this feat. This is truly a vic- chronic problems of joblessness, high infant and the Attorney General to begin surveillance tory for Sun Devils everywhere. The cham- mortality, dependence on imported food, in- activities without a warrant if they jointly be- pionship title has been a long time coming for adequate education and health care services lieve that there is an emergency situation re- this team, and these women showed that true and the like. quiring surveillance to commence before a dedication and persistence can indeed pay off. The riots which left at least seven people, including a Nigerian soldier attached to the warrant could be issued. Madam Speaker, please join me in cele- United Nations military force, dead and mil- This legislation allows our intelligence agen- brating the remarkable success of this team, lions of dollars in damage can erupt again if cies to do their job effectively without tram- whose achievements and camaraderie should people become convinced that their appeals pling on the civil liberties that are the bedrock be models for other teams across the country.

VerDate Aug 31 2005 04:50 Jun 05, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A04JN8.041 E04JNPT1 erowe on PROD1PC71 with REMARKS E1146 CONGRESSIONAL RECORD — Extensions of Remarks June 4, 2008 SENATE COMMITTEE MEETINGS JUNE 10 trict Judge for the Southern District of 10 a.m. New York, Kiyo A. Matsumoto, to be Title IV of Senate Resolution 4, Banking, Housing, and Urban Affairs United States District Judge for the agreed to by the Senate on February 4, To continue hearings to examine U.S. Eastern District of New York, and 1977, calls for establishment of a sys- credit markets, focusing on the securi- Glenn T. Suddaby, to be United States District Judge for the Northern Dis- tem for a computerized schedule of all ties underwriting practices at invest- ment banks. trict of New York. meetings and hearings of Senate com- SD–538 SD–226 mittees, subcommittees, joint commit- Finance 2:30 p.m. tees, and committees of conference. To hold hearings to examine issues rel- Commerce, Science, and Transportation This title requires all such committees ative to the 47 million Americans with- To hold hearings to examine the impact out healthcare insurance, focusing on and policy implications of spyware on to notify the Office of the Senate Daily the current health care marketplace. consumers and businesses. Digest—designated by the Rules Com- SD–215 SR–253 mittee—of the time, place, and purpose Judiciary of the meetings, when scheduled, and To hold hearings to examine the efficacy JUNE 12 any cancellations or changes in the of coercive interrogation techniques, 10 a.m. focusing on the Federal Bureau of In- meetings as they occur. Commerce, Science, and Transportation vestigation’s (FBI) role. Surface Transportation and Merchant Ma- As an additional procedure along SD–226 rine Infrastructure, Safety and Secu- with the computerization of this infor- 2:30 p.m. rity Subcommittee Commerce, Science, and Transportation mation, the Office of the Senate Daily To hold hearings to examine supply Surface Transportation and Merchant Ma- chain security, focusing on the secure Digest will prepare this information for rine Infrastructure, Safety and Secu- freight initiative and the implementa- printing in the Extensions of Remarks rity Subcommittee tion of 100 percent scanning. To hold hearings to examine national section of the CONGRESSIONAL RECORD SR–253 strategies for efficient freight move- Joint Economic Committee on Monday and Wednesday of each ment. week. To hold hearings to examine the future SR–253 costs of funding the war in Iraq. Meetings scheduled for Thursday, Intelligence SD–106 To hold closed hearings to examine cer- June 5, 2008 may be found in the Daily tain intelligence matters. JUNE 19 Digest of today’s RECORD. SH–219 10 a.m. JUNE 11 Commerce, Science, and Transportation MEETINGS SCHEDULED Surface Transportation and Merchant Ma- 9:30 a.m. rine Infrastructure, Safety and Secu- JUNE 6 Commerce, Science, and Transportation rity Subcommittee 9:30 a.m. Interstate Commerce, Trade, and Tourism To hold hearings to examine cruise ship Joint Economic Committee Subcommittee safety, focusing on potential steps for To hold hearings to examine the employ- To hold hearings to examine imbalance keeping Americans safe at sea. ment-unemployment situation for May in the United States-Korea automobile SR–253 2008. trade. SD–562 SR–253 JUNE 24 2 p.m. 10 a.m. Homeland Security and Governmental Af- Judiciary 10:30 a.m. fairs To hold hearings to examine short- Commerce, Science, and Transportation Oversight of Government Management, the change for consumers and short-shrift To hold hearings to examine climate Federal Workforce, and the District of for Congress, focusing on the Supreme change impacts on the transportation Columbia Subcommittee Court’s treatment of laws that protect sector. To continue hearings to examine the or- Americans health, safety, jobs, and re- SR–253 ganizational structures of the Depart- tirement. ment of State responsible for arms con- SD–226 JUNE 26 trol, counterproliferation, and non- 2 p.m. 9:30 a.m. proliferation, focusing on the processes Judiciary Veterans’ Affairs they have in place for optimizing na- To hold hearings to examine the nomina- Business meeting to markup pending cal- tional efforts. tions of Paul G. Gardephe, and Cathy endar business. SD–342 Seibel, both to be a United States Dis- SR–418

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HIGHLIGHTS Senate agreed to the conference report to accompany S. Con. Res. 70, Budget Resolution. Senate Chamber Action Measures Passed: American Eagle Day: Senate agreed to S. Res. Routine Proceedings, pages S4993–S5126 583, designating June 20, 2008, as ‘‘American Eagle Measures Introduced: Five bills and two resolu- Day’’, and celebrating the recovery and restoration of tions were introduced, as follows: S. 3079–3083, and the bald eagle, the national symbol of the United S. Res. 582–583. Pages S5039–40 States. Pages S5119–20 Measures Reported: Measures Considered: H.R. 781, to redesignate Lock and Dam No. 5 of Climate Security Act: Senate began consideration of the McClellan-Kerr Arkansas River Navigation Sys- S. 3036, to direct the Administrator of the Environ- tem near Redfield, Arkansas, authorized by the Riv- mental Protection Agency to establish a program to ers and Harbors Act approved July 24, 1946, as the decrease emissions of greenhouse gases, after agreeing ‘‘Colonel Charles D. Maynard Lock and Dam’’. to the motion to proceed to it consideration, and H.R. 1019, to designate the United States cus- taking action on the following amendment proposed tomhouse building located at 31 Gonzalez Clemente thereto: Pages S5014–20 Avenue in Mayaguez, Puerto Rico, as the ‘‘Rafael Pending: Martinez Nadal United States Customhouse Build- Reid (for Boxer) Amendment No. 4825, in the ing’’. nature of a substitute. Pages S5014–15 H.R. 3986, to amend the John F. Kennedy Center Reid Amendment No. 4826 (to Amendment No. Act to authorize appropriations for the John F. Ken- 4825), to express the sense of the Senate that the nedy Center for the Performing Arts, with an United States should address global climate change amendment in the nature of a substitute. through the negotiation of fair and effective inter- H.R. 4140, to designate the Port Angeles Federal national commitments. Page S5017 Building in Port Angeles, Washington, as the Reid Amendment No. 4827 (to Amendment No. ‘‘Richard B. Anderson Federal Building’’. 4826), to express the sense of the Senate that the S. 2403, to designate the new Federal Courthouse, United States should address global climate change located in the 700 block of East Broad Street, Rich- through the negotiation of fair and effective inter- mond, Virginia, as the ‘‘Spottswood W. Robinson III national commitments. Pages S5017–18 and Robert R. Merhige, Jr. Federal Courthouse’’. Reid Amendment No. 4828 (to the language pro- S. 2837, to designate the United States courthouse posed to be stricken by Reid (for Boxer Amendment located at 225 Cadman Plaza East, Brooklyn, New No. 4825), to provide for the enactment date. York, as the ‘‘Theodore Roosevelt United States Page S5018 Courthouse’’. Reid Amendment No. 4829 (to Amendment No. S. 2942, to authorize funding for the National 4828), to change the enactment date. Page S5018 Advocacy Center. Reid Motion to Commit the bill to the Com- S. 3009, to designate the Federal Bureau of Inves- mittee on the Committee on Environment and Pub- tigation building under construction in Omaha, Ne- lic Works with instructions to report back forthwith, braska, as the ‘‘J. James Exon Federal Bureau of In- with Reid Amendment No. 4830, to provide for the vestigation Building’’. Page S5039 enactment date. Page S5019 D681

VerDate Aug 31 2005 04:13 Jun 06, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\URGENT~1\RECFILE\D04JN8.REC D04JN8 mmaher on MIKETEMP with CONG-REC-ONLINE D682 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 2008 Reid Amendment No. 4831 (the instructions of Senate vote on passage of the bill; and that no the Reid motion to commit), to change the enact- amendments be in order to the bill. Pages S5020–21 ment date. Page S5019 Signing Authority-Agreement: A unanimous-con- Reid Amendment No. 4832 (to Amendment No. sent agreement was reached providing that the Ma- 4831), to change the enactment date. Page S5019 jority Leader, be authorized to sign duly enrolled A motion was entered to close further debate on bills and joint resolutions through Monday, June 9, Reid (for Boxer) Amendment No. 4825, and, in ac- 2008. Page S5120 cordance with the provisions of Rule XXII of the Removal of Injunction of Secrecy: The injunction Standing Rules of the Senate, a vote on cloture will of secrecy was removed from the following treaty: occur on Friday, June 6, 2008. Page S5019 Tax Convention with Bulgaria with Proposed Pro- During consideration of this measure today, Senate tocol of Amendment (Treaty Doc. No. 110–18). also took the following action: The treaty was transmitted to the Senate today, By 27 yeas to 28 nays (Vote No. 143), Senate re- considered as having been read for the first time, and jected the motion to instruct the Sergeant at Arms referred, with accompanying papers, to the Com- to request the attendance of absent Senators. mittee on Foreign Relations and ordered to be print- Page S5015 ed. Page S5120 Consumer-First Energy Act: Senate began consid- Nominations Confirmed: Senate confirmed the fol- eration of the motion to proceed to consideration of lowing nominations: S. 3044, to provide energy price relief and hold oil Ellen C. Williams, of Kentucky, to be a Governor companies and other entities accountable for their of the United States Postal Service for a term expir- actions with regard to high energy prices. Page S5020 ing December 8, 2014. A motion was entered to close further debate on William H. Graves, of Tennessee, to be a Member the motion to proceed to consideration of the bill of the Board of Directors of the Tennessee Valley and, in accordance with the provisions of Rule XXII Authority for a term expiring May 18, 2012. of the Standing Rules of the Senate, a vote on clo- Eric J. Tanenblatt, of Georgia, to be a Member of ture will occur on Friday, June 6, 2008. Page S5020 the Board of Directors of the Corporation for Na- Subsequently, the motion to close further debate tional and Community Service for a term expiring was withdrawn. Page S5020 October 6, 2012. (Prior to this action, Committee A unanimous-consent agreement was reached pro- on Health, Education, Labor, and Pensions was dis- viding that Senate continue consideration of the mo- charged from further consideration.) tion to proceed to consideration of the bill at ap- James K. Glassman, of Connecticut, to be Under proximately 11:30 a.m. on Thursday, June 5, 2008. Secretary of State for Public Diplomacy with the Page S5120 rank of Ambassador. Conference Reports: Marcia Stephens Bloom Bernicat, of New Jersey, to be Ambassador to the Republic of Senegal, and Budget Resolution Conference Report: By 48 to serve concurrently and without additional com- yeas to 45 nays (Vote No. 142), Senate agreed to the pensation as Ambassador to the Republic of Guinea- conference report to accompany S. Con. Res. 70, set- Bissau. ting forth the congressional budget for the United Richard A. Boucher, of Maryland, a Career Mem- States Government for fiscal year 2009 and includ- ber of the Senior Foreign Service, Class of Career ing the appropriate budgetary levels for fiscal years Minister, for the personal rank of Career Ambassador 2008 and 2010 through 2013. Pages S5005–08 in recognition of especially distinguished service over Food, Conservation, and Energy Act—Agree- a sustained period. ment: A unanimous-consent-time agreement was William J. Burns, of the District of Columbia, a reached providing that at 4:00 p.m., on Thursday, Career Member of the Senior Foreign Service, Class June 5, 2008, Senate begin consideration of H.R. of Career Minister, for the personal rank of Career 6124, to provide for the continuation of agricultural Ambassador in recognition of especially distin- and other programs of the Department of Agri- guished service over a sustained period. culture through fiscal year 2012; that there be 60 Anne Woods Patterson, of Virginia, a Career minutes of debate divided in the following manner: Member of the Senior Foreign Service, Class of Ca- Senator DeMint, 30 minutes, Senator Coburn, 20 reer Minister, for the personal rank of Career Ambas- minutes, and 10 minutes to be controlled by the sador in recognition of especially distinguished serv- Chairman and Ranking Member of the Committee ice over a sustained period. on Agriculture, Nutrition, and Forestry; provided C. David Welch, of Virginia, a Career Member of further, that upon the use or yielding back of time, the Senior Foreign Service, Class of Career Minister,

VerDate Aug 31 2005 04:13 Jun 06, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\URGENT~1\RECFILE\D04JN8.REC D04JN8 mmaher on MIKETEMP with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D683 for the personal rank of Career Ambassador in rec- Ikram U. Khan, of Nevada, to be a Member of ognition of especially distinguished service over a the Board of Directors of the United States Institute sustained period. of Peace for a term expiring January 19, 2009. (Prior William J. Brennan, of Maine, to be Assistant to this action, Committee on Health, Education, Secretary of Commerce for Oceans and Atmosphere. Labor, and Pensions was discharged from further Elisebeth C. Cook, of Virginia, to be an Assistant consideration.) Attorney General. Stephen D. Krasner, of California, to be a Member Marianne Matuzic Myles, of New York, to be of the Board of Directors of the United States Insti- Ambassador to the Republic of Cape Verde. tute of Peace for a term expiring January 19, 2011. Linda Thomas-Greenfield, of Louisiana, to be Am- (Prior to this action, Committee on Health, Edu- bassador to the Republic of Liberia. cation, Labor, and Pensions was discharged from fur- Hyepin Christine Im, of California, to be a Mem- ther consideration.) ber of the Board of Directors of the Corporation for Lily Fu Claffee, of Illinois, to be General Counsel National and Community Service for a term expiring of the Department of Commerce. October 6, 2013. (Prior to this action, Committee Robert Stephen Beecroft, of California, to be Am- on Health, Education, Labor, and Pensions was dis- bassador to the Hashemite Kingdom of Jordan. charged from further consideration.) Richard E. Hoagland, of the District of Columbia, Layshae Ward, of Minnesota, to be a Member of to be Ambassador to the Republic of Kazakhstan. the Board of Directors of the Corporation for Na- Janice L. Jacobs, of Virginia, to be an Assistant tional and Community Service for a term expiring Secretary of State (Bureau of Consular Affairs). December 27, 2012. (Prior to this action, Com- Peter William Bodde, of Maryland, to be Ambas- mittee on Health, Education, Labor, and Pensions sador to the Republic of Malawi. was discharged from further consideration.) Patricia McMahon Hawkins, of Virginia, to be Joseph Evan LeBaron, of Oregon, to be Ambas- Ambassador to the Togolese Republic. sador to the State of Qatar. Steven C. Preston, of Illinois, to be Secretary of Stephen James Nolan, of Virginia, to be Ambas- Housing and Urban Development. (Prior to this ac- sador to the Republic of Botswana. tion, Committee on Banking, Housing, and Urban Donald E. Booth, of Virginia, to be Ambassador Affairs was discharged from further consideration.) to the Republic of Zambia. William Walter Wilkins III, of South Carolina, to Gillian Arlette Milovanovic, of Pennsylvania, to be United States Attorney for the District of South be Ambassador to the Republic of Mali. Carolina for the term of four years. Paul A. Schneider, of Maryland, to be Deputy Sec- 4 Air Force nominations in the rank of general. retary of Homeland Security. 27 Army nominations in the rank of general. Nanci E. Langley, of Virginia, to be a Commis- 24 Navy nominations in the rank of admiral. sioner of the Postal Regulatory Commission for a Routine lists in the Air Force, Army, Foreign term expiring November 22, 2012. Service, Navy. Pages S5024–26, S5124–26 Donald Gene Teitelbaum, of Texas, to be Ambas- Nominations Received: Senate received the fol- sador to the Republic of Ghana. lowing nominations: Nancy M. Zirkin, of Maryland, to be a Member William B. Carr, Jr., of Pennsylvania, to be a of the Board of Directors of the United States Insti- Member of the United States Sentencing Commis- tute of Peace for a term expiring January 19, 2011. sion for a term expiring October 31, 2011. (Prior to this action, Committee on Health, Edu- Routine lists in the Air Force, Army, Navy. cation, Labor, and Pensions was discharged from fur- Pages S5120–24 ther consideration.) J. Robinson West, of the District of Columbia, to Nomination Withdrawn: Senate received notifica- be a Member of the Board of Directors of the United tion of withdrawal of the following nomination: States Institute of Peace for a term expiring January John R. Steer, of Virginia, to be a Member of the 19, 2011. (Prior to this action, Committee on United States Sentencing Commission for a term ex- Health, Education, Labor, and Pensions was dis- piring October 31, 2011 (Recess Appointment), charged from further consideration.) which was sent to the Senate on January 9, 2007. Kerry Kennedy, of New York, to be a Member of Page S5126 the Board of Directors of the United States Institute Messages from the House: Page S5037 of Peace for a term expiring January 19, 2011. (Prior Measures Referred: Page S5037 to this action, Committee on Health, Education, Labor, and Pensions was discharged from further Measures Read the First Time: Page S5120 consideration.) Executive Communications: Pages S5037–39

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Additional Cosponsors: Pages S5040–41 of International Automobile Manufacturers, Inc., Statements on Introduced Bills/Resolutions: both of Arlington, Virginia; Robert Strassburger, Al- Pages S5041–48 liance of Automobile Manufacturers, Joan Claybrook, Public Citizen, and Jacqueline S. Gillan, Advocates Additional Statements: Pages S5034–37 for Highway and Auto Safety, all of Washington, Amendments Submitted: Pages S5048–S5118 D.C.; and David A. Garcia, Endicott, New York. Notices of Hearings/Meetings: Pages S5118–19 Authorities for Committees to Meet: Page S5119 CHINA IN AFRICA Privileges of the Floor: Page S5119 Committee on Foreign Relations: Subcommittee on Afri- can Affairs concluded a hearing to examine the en- Quorum Calls: One quorum call was taken today. gagement of China and its expanding role in Africa, (Total—2) Page S5015 focusing on the implications for the policy of the Record Votes: Two record votes were taken today. United States, after receiving testimony from Thom- (Total—143) Pages S5007–08, S5015 as J. Christensen, Deputy Assistant Secretary for East Adjournment: Senate convened at 9:30 a.m. on Asian and Pacific Affairs, and James Swan, Deputy Wednesday, June 4, 2008 and adjourned at 12:18 Assistant Secretary for African Affairs, both of the a.m. on Thursday, June 5, 2008, until 9:30 a.m. on Department of State; Elizabeth C. Economy, Council the same day. (For Senate’s program, see the remarks on Foreign Relations, New York, New York; and J. of the Acting Majority Leader in today’s Record on Stephen Morrison, Center for Strategic and Inter- pages S5120.) national Studies, Washington, D.C. Committee Meetings TERRORISM DETAINEE POLICY Committee on the Judiciary: Committee concluded a (Committees not listed did not meet) hearing to examine ways to improve the detainee NOMINATIONS policy, focusing on handling terrorism detainees within the American justice system, after receiving Committee on Agriculture, Nutrition, and Forestry: Com- testimony from John C. Coughenour, United States mittee concluded a hearing to examine the nomina- District Judge for the Western District of Wash- tions of Walter Lukken, of Indiana, who was intro- ington; James J. Benjamin, Jr., Akin, Gump, duced by Senator Lugar, to be Chairman, and Bar- Strauss, Hauer and Feld, LLP, New York, New tholomew H. Chilton, of Delaware, and Scott O’Malia, of Michigan, who was introduced by Sen- York; Amos N. Guiora, University of Utah S.J. ators Domenici and Stabenow, each to be a Commis- Quinney College of Law, Salt Lake City; and Tom sioner, all of the Commodity Futures Trading Com- Malinowski, Human Rights Watch, and Benjamin mission, after each nominee testified and answered Wittes, Brookings Institution, both of Washington, questions in their own behalf. D.C. APPROPRIATIONS: DEPARTMENT OF SYSTEMIC INDIFFERENCE TO INVISIBLE DEFENSE WOUNDS Committee on Appropriations: Subcommittee on Defense Committee on Veterans’ Affairs: Committee concluded received testimony from sundry public witnesses re- an oversight hearing to examine mental health care questing funding for programs in the Department of programs at Department of Veterans Affairs facili- Defense appropriations bill for fiscal year 2009. ties, focusing on treatment for post-traumatic stress VEHICLE ROOF STRENGTH disorder, after receiving testimony from Norma Committee on Commerce, Science, and Transportation: Sub- Perez, Mental Health Integration Psychologist, Cen- committee on Consumer Affairs, Insurance, and tral Texas Veterans Health Care System, Michael J. Automotive Safety concluded an oversight hearing to Kussman, Under Secretary for Health, Ira Katz, examine passenger vehicle roof strength, after receiv- Deputy Chief of Patient Care Services, Officer for ing testimony from Senator Coburn; James F. Ports, Mental Health, Rear Admiral Patrick W. Dunne, Jr., Deputy Administrator, National Highway Traf- USN (Ret.), Acting Under Secretary for Benefits, fic Safety Administration, Department of Transpor- Veterans Benefits Administration, and Brad Mayes, tation; Stephen L. Oesch, Insurance Institute for Director, Compensation and Pension Service, all of Highway Safety, and Michael J. Stanton, Association the Department of Veterans Affairs.

VerDate Aug 31 2005 04:13 Jun 06, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\URGENT~1\RECFILE\D04JN8.REC D04JN8 mmaher on MIKETEMP with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D685 House of Representatives Grounds for the Greater Washington Soap Box Chamber Action Derby; Pages H4882–86 Public Bills and Resolutions Introduced: 16 pub- Authorizing the use of the Capitol Grounds for lic bills, H.R. 6175–6190; and 8 resolutions, H.J. a celebration of the 100th anniversary of Alpha Res. 90; H. Con. Res. 368; and H. Res. 1236–1241 Kappa Alpha Sorority, Incorporated: H. Con. Res. were introduced. Pages H4973–74 335, to Authorizing the use of the Capitol Grounds Additional Cosponsors: Pages H4975–76 for a celebration of the 100th anniversary of Alpha Reports Filed: Reports were filed today as follows: Kappa Alpha Sorority, Incorporated; Pages H4886–88 H.R. 5972, to make technical corrections to the James M. & Thomas W.L. Ashley Customs laws affecting certain administrative authorities of Building and United States Courthouse Designa- the United States Capitol Police (H. Rept. tion Act: H.R. 3712, amended, to designate the 110–679); Federal building and United States courthouse lo- H.R. 1343, to amend the Public Health Service cated at 1716 Spielbusch Avenue in Toledo, Ohio, Act to provide additional authorizations of appro- as the ‘‘James M. & Thomas W.L. Ashley Customs priations for the health centers program under sec- Building and United States Courthouse’’; tion 330 of such Act, with an amendment (H. Rept. Pages H4888–90 110–680); Agreed to amend the title so as to read: ‘‘To des- H.R. 5669, to amend the Public Health Service ignate the United States courthouse located at 1716 Act to reauthorize the poison center national toll-free Spielbusch Avenue in Toledo, Ohio, as the ‘James number, national media campaign, and grant pro- M. Ashley and Thomas W.L. Ashley United States gram to provide assistance for poison prevention, Courthouse’.’’. Page H4890 sustain the funding of poison centers, and enhance Thomas Jefferson Census Bureau Headquarters the public health of people of the United States (H. Building Designation Act: H.R. 5599, to designate Rept. 110–681); the Federal building located at 4600 Silver Hill H.R. 5940, to authorize activities for support of Road in Suitland, Maryland, as the ‘‘Thomas Jeffer- nanotechnology research and development, with an son Census Bureau Headquarters Building’’; amendment (H. Rept. 110–682); Pages H4890–91 H.R. 5893, to reauthorize the sound recording Health Centers Renewal Act of 2007: H.R. and film preservation programs of the Library of 1343, amended, to amend the Public Health Service Congress, with an amendment (H. Rept. 110–683, Act to provide additional authorizations of appro- Pt. 1); priations for the health centers program under sec- H.R. 3916, to provide for the next generation of tion 330 of such Act, by a 2⁄3 yea-and-nay vote of border and maritime security technologies, with an 393 yeas to 24 nays, Roll No. 372; amendment (H. Rept. 110–684, Pt. 1); Pages H4891–96, H4935–36 H.R. 5770, to provide for a study by the National Agreed to amend the title so as to read: ‘‘To Academy of Sciences of potential impacts of climate amend the Public Health Service Act to provide ad- change on water resources and water quality (H. ditional authorizations of appropriations for the Rept. 110–685, Pt. 1); and health centers program under section 330 of such H.R. 135, to establish the Twenty-First Century Act, and for other purposes.’’. Page H4936 Water Commission to study and develop rec- ommendations for a comprehensive water strategy to Poison Center Support, Enhancement, and address future water needs, with an amendment (H. Awareness Act of 2008: H.R. 5669, to amend the Rept. 110–504, Pt. 2). Page H4973 Public Health Service Act to reauthorize the poison center national toll-free number, national media Speaker: Read a letter from the Speaker wherein she campaign, and grant program to provide assistance appointed Representative Tauscher to act as Speaker for poison prevention, sustain the funding of poison Pro Tempore for today. Page H4879 centers, and enhance the public health of people of Suspensions: The House agreed to suspend the rules the United States, by a 2⁄3 yea-and-nay vote of 405 and pass the following measures: yeas to 10 nays, Roll No. 373; Authorizing the use of the Capitol Grounds for Pages H4896–99, H4936–37 the Greater Washington Soap Box Derby: H. Con. Library of Congress Sound Recording and Film Res. 311, to authorize the use of the Capitol Preservation Programs Reauthorization Act of

VerDate Aug 31 2005 04:13 Jun 06, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\URGENT~1\RECFILE\D04JN8.REC D04JN8 mmaher on MIKETEMP with CONG-REC-ONLINE D686 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 2008 2008: H.R. 5893, amended, to reauthorize the 3021, to direct the Secretary of Education to make sound recording and film preservation programs of grants and low-interest loans to local educational the Library of Congress; Pages H4899–H4901 agencies for the construction, modernization, or re- United States Capitol Police Administrative pair of public kindergarten, elementary, and sec- Technical Corrections Act of 2008: H.R. 5972, ondary educational facilities, by a yea-and-nay vote amended, to make technical corrections to the laws of 250 yeas to 164 nays, Roll No. 379. affecting certain administrative authorities of the Pages H4927–35, H4937–61 United States Capitol Police; Pages H4901–03 Rejected the McMorris Rodgers motion to recom- mit the bill to the Committee on Education and Expressing the sense of Congress that increasing Labor with instructions to report the same back to American capabilities in science, mathematics, and the House promptly with an amendment, by a re- technology education should be a national priority: corded vote of 187 ayes to 230 noes, Roll No. 378. H. Con. Res. 366, to express the sense of Congress Pages H4959–60 that increasing American capabilities in science, Pursuant to the rule, the amendment in the na- mathematics, and technology education should be a ture of a substitute recommended by the Committee national priority; and Pages H4911–17 on Education and Labor now printed in the bill shall Recognizing the efforts and contributions of out- be considered as an original bill for the purpose of standing women scientists, technologists, engineers, amendment under the 5-minute rule. Page H4946 and mathematicians in the United States and Agreed to amend the title so as to read: ‘‘To di- around the world on Mother’s Day, 2008: H. Res. rect the Secretary of Education to make grants to 1180, amended, to recognize the efforts and con- State educational agencies for the modernization, tributions of outstanding women scientists, tech- renovation, or repair of public school facilities, and nologists, engineers, and mathematicians in the for other purposes.’’. Page H4948 United States and around the world on Mother’s Accepted: Day, 2008. Pages H4918–19 Davis (VA) amendment (No. 4 printed in H. Agreed to amend the title so as to read: ‘‘Recog- Rept. 110–678) that allows for priority consideration nizing the efforts and contributions of outstanding to science and technology schools once the funds women scientists, technologists, engineers, and reach their local educational agencies; Pages H4952–53 mathematicians in the United States and around the Visclosky amendment (No. 5 printed in H. Rept. world.’’ Page H4919 110–678) that requires a local educational agency to Suspensions—Proceedings Postponed: The House use American steel and iron for modernization, ren- debated the following measures under suspension of ovation, or repair projects at a public school facility; the rules. Further proceedings were postponed: includes waivers if iron and steel are not produced National Nanotechnology Initiative Amend- in the U.S. in sufficient and reasonably available ments Act of 2008: H.R. 5940, amended, to author- quantities and if iron and steel produced in the U.S. ize activities for support of nanotechnology research will increase the cost of the overall project by more and development and Pages H4903–11 than 25 percent; Pages H4953–54 Reichert amendment (No. 8 printed in H. Rept. Public Land Communities Transition Act of 110–678) that provides that local education agencies 2007: H.R. 3058, amended, to amend chapter 69 of may use a grant for modernization, renovation, or re- title 31, United States Code, to provide full pay- pair of public school facilities to reduce class size; ments under such chapter to units of general local government in which entitlement land is located, to Pages H4955–56 provide transitional payments during fiscal years Kildee amendment (No. 1 printed in H. Rept. 2008 through 2012 to those States and counties pre- 110–678) that makes various technical changes in viously entitled to payments under the Secure Rural addition to clarifying or adding certain allowable Schools and Community Self-Determination Act of uses of funds, clarifying the Act’s green building re- quirements, and adding certain reporting require- 2000. Pages H4919–27 ments (by a recorded vote of 260 ayes to 151 noes, Moment of Silence: The House observed a moment Roll No. 374); Pages H4947, H4956 of silence in honor of the men and women in uni- Ehlers amendment (No. 2 printed in H. Rept. form who have given their lives in the service of our 110–678) that establishes a moratorium on using nation in Iraq and Afghanistan, their families, and federal funds to purchase carbon offsets with the all who serve in the armed forces. Page H4935 funding authorized in the bill (by a recorded vote of 21st Century Green High-Performing Public 397 ayes to 17 noes, Roll No. 375); School Facilities Act: The House passed H.R. Pages H4949–50, H4956–57

VerDate Aug 31 2005 04:13 Jun 06, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\URGENT~1\RECFILE\D04JN8.REC D04JN8 mmaher on MIKETEMP with CONG-REC-ONLINE June 4, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D687 Welch (VT) amendment (No. 3 printed in H. Privacy, Office for Civil Rights; and public wit- Rept. 110–678) that allows funding authorized by nesses. the bill to be used for renewable energy generation and heating systems in schools (by a recorded vote HUD/FEMA GULF COAST GUARD RESPONSE of 409 ayes to 5 noes, Roll No. 376); and Committee on Financial Services: Subcommittee on Page H4950–52, H4957–58 Housing and Community Opportunity and the Sub- Matheson amendment (No. 7 printed in H. Rept. committee on Emergency Communications, Pre- 110–678) that provides that schools and local edu- paredness and Response of the Committee on Home- cational agencies receiving grants under this bill land Security held a joint hearing entitled ‘‘Exam- shall report, if they installed flooring, whether it was ining the Roles and Responsibilities of HUD and (1) low- or no-VOC (Volatile Organic Compounds) flooring, (2) made from sustainable materials, and (3) FEMA in Responding to the Affordable Housing cost effective (by a recorded vote of 266 ayes to 153 Needs of Gulf Coast States following Emergencies and Natural Disasters.’’ Testimony was heard from noes, Roll No. 377). Pages H4954–55, H4958 Agreed that the Clerk be authorized to make Carlos J. Castillo, Assistant Administrator, Disaster technical and conforming changes to reflect the ac- Assistance Directorate, FEMA, Department of Homeland Security; Jeffrey H. Riddel, Director, Of- tions of the House. Page H4961 H. Res. 1234, the rule providing for consideration fice of Capital Improvements, Department of Hous- of the bill, was agreed to by a yea-and-nay vote of ing and Urban Development; Edward Blakely, Re- 223 yeas to 193 nays, Roll No. 371, after agreeing covery Chief, Office of Recovery and Development to order the previous question by a yea-and-nay vote Administration, City of New Orleans; and public of 221 yeas to 196 nays, Roll No. 370. witnesses. Pages H4934–35 FBI’s ROLE AT GUANTANAMO BAY Moment of Silence: The House observed a moment of silence in honor of the victims of the tornado that Committee on Foreign Affairs: Subcommittee on Inter- struck Iowa on May 25, 2008. Pages H4960–61 national Organizations, Human Rights, and Over- sight held a hearing on City on the Hill or Prison Meeting Hour: Agreed that when the House ad- on the Bay, Part III Guantanamo—the Role of the journs today, it adjourn to meet at 9:30 a.m. tomor- FBI. Testimony was heard from Glenn A. Fine, In- row, June 5th. Page H4961 spector General, Department of Justice. Senate Message: Message received from the Senate today appears on page H4917. BRIEFING—U.S.-IRAQI RELATIONS Senate Referrals: S. 2162 was referred to the Com- OUTLOOK mittee on Veterans’ Affairs and S. 2967 was held at Committee on Foreign Affairs: Subcommittee on Inter- the desk. Pages H4917, H4971 national Organizations, Human Rights, and Over- Quorum Calls—Votes: Five yea-and-nay votes and sight held a briefing on the Future of U.S.-Iraq Re- five recorded votes developed during the proceedings lations: The Perspective of the Iraqi Parliament. The of today and appear on pages H4934–35, H4935, Subcommittee was briefed by Kenneth Katzman, H4936, H4936–37, H4956, H4956–57, H4957–58, Specialist in Middle East Affairs, Foreign Affairs, H4958, H4960 and H4961. There were no quorum Defense and Trade Division, CRS, Library of Con- calls. gress; and representatives of the Council of Rep- Adjournment: The House met at 10:00 a.m. and resentatives of Iraq. adjourned at 10:15 p.m. IMMIGRATION DETAINEE MEDICAL CARE Committee Meetings Committee on the Judiciary: Subcommittee on Immi- gration, Citizenship, Refugees, Border Security, and HEALTH IT AND PRIVACY International Law held a hearing on Problems with Committee on Energy and Commerce: Subcommittee on Immigration Detainee Medical Care. Testimony was Health held a hearing entitled ‘‘Discussion Draft of heard from the following officials of Immigration Health Information Technology and Privacy Legisla- and Customs Enforcement, Department of Homeland tion.’’ Testimony was heard from the following offi- Security: Julie Myers, Assistant Secretary; Philip cials of the Department of Health and Human Serv- Farabaugh, Acting Director, Division of Immigration ices: Carolyn M. Clancy, M.D., Director, Agency for Health Services; Richard M. Stana, Director, Home- Healthcare Research and Quality; and Susan D. land Security and Justice, GAO; and public wit- McAndrew, Deputy Director, Health Information nesses.

VerDate Aug 31 2005 04:13 Jun 06, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\URGENT~1\RECFILE\D04JN8.REC D04JN8 mmaher on MIKETEMP with CONG-REC-ONLINE D688 CONGRESSIONAL RECORD — DAILY DIGEST June 4, 2008 MISCELLANEOUS MEASURES tinuity Program Directorate, FEMA, Department of Committee on Natural Resources: Subcommittee on Homeland Security; and public witnesses. Fisheries, Wildlife and Oceans approved for full f Committee action, as amended, the following bills: H.R. 2964, Captive Primate Safety Act; H.R. 5350, COMMITTEE MEETINGS FOR THURSDAY, To authorize the Secretary of Commerce to sell or JUNE 5, 2008 exchange certain National Oceanic and Atmospheric (Committee meetings are open unless otherwise indicated) Administration property located in Norfolk, Vir- Senate ginia; H.R. 5451, Coastal Zone Reauthorization Act of 2008; and H.R. 5741, Shark Conservation Act of Committee on Banking, Housing, and Urban Affairs: to 2008. continue hearings to examine the state of the banking in- dustry, 10 a.m., SD–538. DISABLED—FEDERAL STATISTICAL DATA Committee on Energy and Natural Resources: to hold hear- ings to examine off-highway vehicle management on pub- Committee on Oversight and Government Reform: Sub- lic lands, 9:30 a.m., SD–366. committee on Information Policy, Census, and Na- Committee on Finance: to hold hearings to examine the tional Archives held a hearing on Does Federal Sta- choices for small business in advance of tax reform, focus- tistical Data Adequately Serve People Living with ing on Internal Revenue Service Form 1040 Schedule C, Disabilities? Testimony was heard from Steven Form 1065 Schedule K–1, and Schedule S, 10 a.m., Tingus, Deputy Assistant Secretary, Planning and SD–215. Evaluation, Department of Health and Human Serv- Committee on Homeland Security and Governmental Affairs: ices; Daniel Bertoni, Director, Education, Workforce Ad Hoc Subcommittee on State, Local, and Private Sector and Income Security Issues, GAO; former Represent- Preparedness and Integration, to hold hearings to examine ative Anthony Coelho of California; and public wit- community preparedness for disasters, 10:30 a.m., nesses. SD–342. Committee on Indian Affairs: to hold an oversight hear- STATE DEPARTMENT’S ANTITERRORISM ing to examine predatory lending in Indian country, 9:30 ASSISTANCE PROGRAM a.m., SD–562. Select Committee on Intelligence: to hold closed hearings to Committee on Oversight and Government Reform: Sub- examine certain intelligence matters, 2:30 p.m., SH–219. committee on National Security and Foreign Affairs held a hearing on Oversight of the State Depart- House ment’s Antiterrorism Assistance Program. Testimony Committee on Energy and Commerce, Subcommittee on was heard from Charles M. Johnson, Jr., Director, Health, hearing entitled ‘‘Committee Prints on Adminis- International Affairs and Trade, GAO; and the fol- tration Legislative Proposals on the Animal Drug User lowing officials of the Department of State: Gina Fee Act Amendments of 2008 and the Animal Generic Abercrombie-Winstanley, Deputy Coordinator, Pro- Drug User Fee Act of 2008,’’ 10 a.m., 2123 Rayburn. grams, Policy, Budget and Operations, Office of the Committee on Financial Services, Subcommittee on Do- Coordinator for Counterterrorism; and Lynda Tib- mestic and International Monetary Policy, Trade, and Technology, hearing entitled ‘‘Examining the Administra- betts, Acting Director, Office of Antiterrorism As- tion’s Proposal to Establish a Multilateral Clean Tech- sistance, Bureau of Diplomatic Security. nology Fund,’’ 1:30 p.m., 2128 Rayburn. NASA AUTHORIZATION ACT OF 2008 Committee on Foreign Affairs, Subcommittee on the Mid- dle East and South Asia, hearing on More Than Just En- Committee on Science and Technology: Ordered reported, richment: Iran’s Strategic Aspirations and the Future of as amended, H.R. 6063, National Aeronautics and the Middle East, 10 a.m., 2172 Rayburn. Space Administration Authorization Act of 2008. Committee on Homeland Security, Subcommittee on Bor- der, Maritime, and Global Counterterrorism, hearing en- OVERSIGHT—PUBLIC ALERT WARNING titled ‘‘The Merida Initiative: Examining U.S. Efforts to SYSTEMS Combat Transnational Criminal Organizations,’’ 10 a.m., Committee on Transportation and Infrastructure, Sub- 311 Cannon. committee on Economic Development, Public Build- Committee on the Judiciary, Subcommittee on Commer- ings, and Emergency Management held an oversight cial and Administrative Law, hearing on H.R. 3652, Pro- tecting Employees and Retirees in Business Bankruptcies hearing on Assuring Public Alert Systems Work to Act of 2007, 9:30 a.m., 2237 Rayburn. Warn American Citizens of Natural and Terrorist Subcommittee on the Constitution, Civil Rights, and Disasters. Testimony was heard from Lisa Fowlkes, Civil Liberties and the Subcommittee on International Deputy Bureau Chief, Public Safety and Homeland Organizations, Human Rights and Oversight of the Com- Security Bureau, FCC; MG Martha T. Rainville, mittee on Foreign Affairs, joint hearing on U.S. Depart- USAF (Ret.), Assistant Administrator, National Con- ment of Homeland Security Inspector General Report

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OIG–08–18: The Removal of a Canadian Citizen to Syria, Committee on Small Business, hearing entitled ‘‘The 10:30 a.m., 2141 Rayburn. Housing Crisis—Identifying Tax Incentives to Stimulate Committee on Natural Resources, hearing on the following the Economy,’’ 10 a.m., 1539 Longworth. bills: H.R. 2306, Minnesota Chippewa Tribe Judgment Committee on Transportation and Infrastructure, Sub- Fund Distribution Act of 2007; and H.R. 3699, To pro- committee on Highways and Transit, hearing on Main- vide for the use and distribution of the funds awarded to taining our Nation’s Highway and Transit Infrastructure, the Minnesota Chippewa Tribe in Minnesota Chippewa 10 a.m., 2167 Rayburn. Tribe v. United States, Docket Nos. 19 and 188 United Subcommittee on Railroads, Pipelines, and Hazardous States Court of Federal Claims, 10 a.m., 1324 Longworth. Materials, hearing on Historic Preservation of Railroad Subcommittee on National Parks, Forests and Public Property and Facilities, 2 p.m., 2167 Rayburn. Lands, hearing on the following bills: H.R. 573, Indiana Committee on Veterans’ Affairs, Subcommittee on Health, Dunes National Lakeshore Corrections Act; H.R. 3702, Montana Cemetery Act of 2007; H.R. 3809, To amend to mark up the following bills: H.R. 2818, To amend the Delaware and Lehigh National Heritage Corridor Act title 38, United States Code, to provide for the establish- of 1988 regarding the local coordinating entity of the ment of Epilepsy Centers of Excellence in the Veterans Delaware and Lehigh National Heritage Corridor; H.R. Health Administration of the Department of Veterans Af- 4199, To amend the Dayton Aviation Heritage Preserva- fairs; and H.R. 2192, To amend title 38, United States tion Act of 1992 to add sites to the Dayton Aviation Code, to establish an Ombudsman within the Depart- Heritage National Historical Park; H.R. 4828, Palo Alto ment of Veterans Affairs; followed by a hearing on the Battlefield National Historic Site Boundary Expansion following bills: H.R. 4089, To amend title 38, United Act of 2007; and H.R. 5583, Grand Canyon Watersheds States Code, to improve the collective bargaining rights Protection Act of 2008, 2 p.m., 1334 Longworth. and procedures for review of adverse actions of certain Committee on Oversight and Government Reform, Sub- employees of the Department of Veterans, and for other committee on Government Management, Organization, purposes; H.R. 4463, Veterans Health Care Quality Im- and Procurement, hearing on Oversight of Federal Finan- provement Act; and H.R. 5888, To amend title 38, cial Management, 2 p.m., 2154 Rayburn. United States Code, to expand veteran eligibility for re- Committee on Science and Technology, Subcommittee on imbursement by the Secretary of Veterans Affairs for Energy and Environment, hearing on H.R. 4174, Federal emergency treatment furnished in a non-Department fa- Ocean Acidification Research and Monitoring Act of cility, 10 a.m., 334 Cannon. 2007, 10 a.m., 2318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, June 5 9:30 a.m., Thursday, June 5

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of the Conference morning business (not to extend beyond 11:30 a.m.), Sen- Report to accompany S. Con. Res. 70—The Concurrent ate will continue consideration of the motion to proceed Budget Resolution for 2009 and H.R. 5540—Chesapeake to consideration of S. 3044, Consumer-First Energy Act. Bay Gateways and Watertrails Network Continuing Au- thorization Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E1137 Platts, Todd Russell, Pa., E1139 Gutierrez, Luis V., Ill., E1140 Rangel, Charles B., N.Y., E1144 Bonner, Jo, Ala., E1143 Herger, Wally, Calif., E1144 Renzi, Rick, Ariz., E1142 Brady, Kevin, Tex., E1140 Inslee, Jay, Wash., E1142 Richardson, Laura, Calif., E1140 Brady, Robert A., Pa., E1135 Johnson, Sam, Tex., E1138 Rothman, Steven R., N.J., E1144 Braley, Bruce L., Iowa, E1136 Johnson, Timothy V., Ill., E1139 Roybal-Allard, Lucille, Calif., E1143 Buchanan, Vern, Fla., E1144 Kucinich, Dennis J., Ohio, E1135, E1144 Rush, Bobby L., Ill., E1142, E1145 Castor, Kathy, Fla., E1134 Lewis, Ron, Ky., E1140 Sali, Bill, Idaho, E1132 Chandler, Ben, Ky., E1136 McCotter, Thaddeus G., Mich., E1132, E1133, E1135 Courtney, Joe, Conn., E1139 McGovern, James P., Mass., E1134 Sires, Albio, N.J., E1141 Crowley, Joseph, N.Y., E1140 Maloney, Carolyn B., N.Y., E1139 Skelton, Ike, Mo., E1132, E1133 Ellison, Kieth, Minn., E1139 Markey, Edward J., Mass., E1136 Thompson, Bennie G., Miss., E1138 Emanuel, Rahm, Ill., E1131, E1133 Miller, Jeff, Fla., E1139, E1143 Udall, Mark, Colo., E1132 Eshoo, Anna G., Calif., E1141 Mitchell, Harry E., Ariz., E1143, E1145 Visclosky, Peter J., Ind., E1131, E1133 Graves, Sam, Mo., E1131, E1133, E1135, E1137, E1139, Olver, John W., Mass., E1141 Whitfield, Ed, Ky., E1138 E1140, E1142 Pelosi, Nancy, Calif., E1131 Woolsey, Lynn C., Calif., E1141

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