6272 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 HOUSE OF REPRESENTATIVES—Thursday, April 17, 2008

The House met at 8:30 a.m. and was last day’s proceedings and announces Goodloe E. Byron. He served with me called to order by the Speaker pro tem- to the House his approval thereof. in the State Senate. He came to Con- pore (Mr. HOYER). Pursuant to clause 1, rule I, the Jour- gress before me, tragically passed away f nal stands approved. at an extraordinarily young age, and f his wife, as all of you know, succeeded DESIGNATION OF THE SPEAKER him. A friend of mine for 40 years—she PRO TEMPORE PLEDGE OF ALLEGIANCE was 7 at the time when we first met— The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the Beverly Byron. It’s particularly good fore the House the following commu- gentleman from New York (Mr. to recognize you and to welcome all of nication from the Speaker: MCNULTY) come forward and lead the you back to the House. WASHINGTON, DC, House in the Pledge of Allegiance. The Chair will now recognize the April 17, 2008. Mr. MCNULTY led the Pledge of Alle- Honorable Dennis Hertel. It’s a par- I hereby appoint the Honorable STENY H. giance as follows: ticular pleasure for me to recognize HOYER to act as Speaker pro tempore on this I pledge allegiance to the Flag of the Dennis Hertel because, as some of you day. United States of America, and to the Repub- know, he came to the Congress the NANCY PELOSI, lic for which it stands, one nation under God, same year I came to the Congress. He Speaker of the House of Representatives. indivisible, with liberty and justice for all. left the Congress not at the request of f f the citizens of Michigan but at the re- PRAYER quest of the citizens who served in the RECESS Dr. Alan N. Keiran, Chief of Staff, Of- State legislature. They divided his dis- trict up not in three ways but in four fice of the Senate Chaplain, offered the The SPEAKER pro tempore. Pursu- ways, all that had Democratic incum- following prayer: ant to the order of the House of Thurs- bents. He chose not to take any of Lord God, creator of heaven and day April 10, 2008, the House will stand them on. They were all relieved by Earth, as we open this legislative day, in recess subject to the call of the that. You have done well in choosing we pause to consider the grandeur of Chair to receive the former Members of him as your leader for this year. Your creative genius. We are struck by Congress. Accordingly (at 8 o’clock and 35 min- The chair is yours. the vastness of space and the countless Mr. HERTEL (presiding). I want to utes a.m.), the House stood in recess heavenly bodies that light the night thank Leader HOYER, not only for his subject to the call of the Chair. sky. Likewise, we observe with awe and very kind remarks today and for tak- wonder Your magnificent handiwork in f ing the time to be with us but the fact the advent of springtime, often being RECEPTION OF FORMER MEMBERS that he has always come to help us moved to worship You for the botanic OF CONGRESS with our one day of session here as beauty we are privileged to enjoy. To former Members of Congress. It’s very, You alone, O God most high, belong all The Speaker pro tempore presided. very much appreciated that Leader The SPEAKER pro tempore. On be- praise and glory. HOYER with his busy schedule always We pray for Your grace to guide the half of the House, I consider it a great has time to come forward for us. Members and former Members of this honor on behalf of Speaker PELOSI, Mr. Jim Slattery from Kansas, the body on this very special day, as they Leader BOEHNER and myself to wel- President of our Association, cannot be serve those who have elected them to come not only former colleagues but with us today because he has left our public office and the Nation we all very good friends. I am particularly position as President of the Former love. pleased to recognize the former Speak- Members Association to become a can- We also pray for all those who are at- er of the House, Bob Michel. I know didate for the United States Senate in tending the Pontiff’s mass this morn- that’s technically not accurate. I tried Kansas for the Democratic nomination. ing, that they would sense Your pres- to get him the votes to get that office, And so because he is pursuing that wor- ence in life-changing ways. May Your but another person intervened. But we thy goal, we have Jay Rhodes, who has spirit empower people of faith to seek are certainly pleased to recognize and been our Vice President from Arizona You with all their hearts and minds. welcome back the distinguished minor- and done such an excellent job. Jay We pause as well to pray for those in ity leader to the House, a good friend. will step up to become President of the harm’s way and their families. Be with I, of course, somewhat parochial, par- Association and take on those duties those wearing the cloth of our Nation ticularly want to recognize my good today. in the long watches of the night in friend, Senator Joe Tydings. When I The Chair recognizes Jay Rhodes of places far from home. Bring them sol- first ran for the Maryland State Sen- Arizona, the acting President of the ace in times of deep loneliness and ate, I had a little tiny brochure. On the Association of Former Members of hope for a joyous homecoming. front page of that brochure were two Congress. May we all know Your peace that people—Senator Tydings, who had been Mr. RHODES. I apologize for a little passes understanding, Your hope that elected in 1964 and myself in 1966—both delay in getting things going. There’s sustains us in times of trial, and Your former Presidents of the Young Demo- been some confusion about the access love that fills the deepest recesses of crats of Maryland, walking down the to the floor of our international guests our hearts. street. So to that extent, if you’re real- who have always been welcomed to the We pray in the Name that is above ly upset with my being here, Senator floor during this ceremony but for every name. Amen. Tydings has some responsibility for some reason that has not occurred, so f that. You can talk to him. they will be in the galleries. I’m sorry Also, the first Young Democrats con- about that. That’s not the way we THE JOURNAL vention I attended, the President of the wanted things to happen. The SPEAKER pro tempore. The Young Democrats of Maryland was a Mr. HOYER, thank you very much. Chair has examined the Journal of the gentleman named Goodloe Byron. And thank you for giving us access to

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.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6273 the Chamber. We have a very special honor and a great privilege. My service Mr. RHODES. Thank you, sir. event, if you will, which is to honor a in the United States Senate, including Mr. HERTEL. The Chair recognizes very distinguished statesman, the my 6 years as Senate majority leader, the distinguished majority leader, the former majority leader of the United was one of the highest honors of my gentleman from Maryland (Mr. HOYER). States Senate, Senator George Mitch- life. I was fortunate thereafter to en- Mr. RHODES. Do you want to recog- ell of Maine. As far as I am concerned, gage in other public service activities, nize Mr. HOYER or do you want me to that’s the highest rank that you have including 5 years in Northern Ireland recognize Mr. HOYER? achieved. You have achieved others, where I served as chairman of the Mr. HERTEL. We can both recognize but being the majority leader of the peace negotiations and of other activi- Mr. HOYER. Senate is something to behold and ties in bringing to a close the conflict Mr. RHODES. Mr. HOYER, you’re rec- something to beholden to. We are in Northern Ireland. But nothing will ognized. proud that you are a member of our As- ever for me exceed the honor of having Mr. HOYER. May I use this podium? sociation, the Former Members of Con- been a Member of the United States Mr. RHODES. You may do whatever gress, and we are proud to recognize Congress. I know that every former you wish, Mr. Majority Leader. your service to our country as major- Member here, indeed all former Mem- Mr. HOYER. Let me come over here. ity leader. As a peacekeeper. I think bers, has shared that view. It was not I tell a story when I greet, as so you had more success in making peace very long ago, of course, that I served. many of you have, constituents to the in Ireland than you have in baseball. Then as now, there were challenges fac- floor of the House. I tell them the story But certainly your work in trying to ing our Nation. Then as now, there that few Members of the House did I uncover and rectify the use and misuse were differences between the parties. come with a more negative perception of performance-enhancing drugs, espe- But I hope that now as then the cur- of than John Rousselot, as you can cially in professional baseball, is some- rent Members will rise to the challenge imagine. John Rousselot had quite a thing that I know you’re proud of and and be able to meet the very important reputation around the country. And I we’re proud of. We believe that your problems and address the issues facing say that to them for the purpose of work will have taken our national pas- our great country and the world. saying that I ended up thinking John time and restored its luster. We are In conclusion, I thank everyone here Rousselot was one of the really delight- very pleased and happy that you have very much. You know, for most human ful human beings with whom I served, assisted the country again in a very beings, life is in essence a never-ending notwithstanding our deep disagree- important effort. search for respect. First and most im- ments. Some of you who served during It’s a great pleasure for me as the portant, self-respect and then the re- his term will recall, as we know, John President of this Association to wel- spect of others. There is no one certain had a problem with his leg, but he used come you and to present to you our route to gaining respect, but I have al- to delight, as you recall, going over to Distinguished Service Award and to ways felt that the best way was that rostrum and talking to you us. ask you if you would say a few words to through service to others. And so I You remember that, Bob, I am sure, our group. think that Members of Congress, de- very well. He did it, however, not in a Mr. MITCHELL. Thank you very spite the fact that in ours, as in every confrontational way but with a twinkle much, Congressman Rhodes. Thanks to democratic society, there is a lot of in his eye, as if to say, I’m coming over Congressman HOYER and to all of our criticism, a lot of complaint, nonethe- here and I’m going to tell you guys colleagues here. Let me say that I am less, I think every Member of Congress what you really ought to be doing. And grateful to you for the kind words, has earned and deserves the respect of I really always enjoyed it. Congressman Rhodes, and grateful to the people for their dedication and When Jay said, well, I’m not going to all of the Members Association for the their service to others. speak from that rostrum, I’m going to Thank you all very much for this honor that you have bestowed upon me. come over here, it reminded me of that. great honor. I think it’s fitting that this ceremony Unfortunately, as all of you know Mr. RHODES. Senator, thank you through the years now, the aisle has of former Members be held in the very much for your comments. I think become more a wall than an aisle. A di- House Chamber. the significance of your comments is vision has grown. I lament, I really do, I recall very clearly when I was elect- the fact that you and Members of the Bob Michel’s loss from the House and ed majority leader of the Senate and I other body do recognize that it is one from the country’s service in this attended the first official function with Congress composed of two separate and body—he still serves our country as all the Speaker. Prior to the function, we equal bodies. We appreciate that por- of you do as well—because he was, with met and I said, well, we have to decide tion of your comments as much as any- Tip O’Neill, two unifying leaders who who goes first. He said, yes. We can dis- thing else. cuss that, he said, but I’d just like to We do have a scrapbook with remem- tried to bring us together, not agreeing call to your attention that the position brances from your former colleagues, necessarily but disagree in a sense of of Speaker is mentioned in the Con- both in the House and the Senate, ap- trying to get together to solve prob- stitution and in the laws of the United preciating your service. And, of course, lems with our different perspectives States, but nowhere in either the Con- the plaque. Now I will read the plaque being involved. As all of you know, I stitution or any law is there any ref- since I’ve got my glasses on. Actually I have a deep affection for Bob Michel erence to a majority leader of the don’t have my glasses on. for that reason. But I always come United States Senate. He said, but I’m Senator, you’ve got a lot of these. It here—before I was majority leader I perfectly prepared to discuss who just says that we recognize your life- came here—because I want to thank all should go first. time of service to this body, this body of you for the service you have given to I said, well, I think you’ve made it being the Congress, not the Senate, and our country, the friendship you have rather clear. Ever since then, I have de- to our country. And we appreciate it given to me and so many others in this ferred to every Speaker and, in fact, very, very much and we appreciate body. every Member of the House I ever met your being with us this morning. Some of you I see on a regular basis. because it made such a powerful im- And so I present to you, A, the scrap- The Historical Society obviously mak- pression on me, about the primacy of book; and, B, the plaque—I hope that ing such a continued contribution. I the House of Representatives in our your wall space has room for it—again saw Ben Gilman 2 days ago at a break- system of government. from a grateful Nation. fast at which I spoke. But I really Service in the Congress or in com- Thank you very, very much. wanted to reiterate the welcome of parable bodies around the world like Mr. MITCHELL. I guarantee you my Speaker PELOSI to all of you back to the Dail in Ireland, where I know there wall space will have room for this, a the House. are many here today, and from Canada very prominent place on my wall. I also want to recognize our friends, and other countries is, of course, a high Thank you very much, Jay. and I’m not sure which one of you are

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6274 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 here, from Great Britain, from Ireland. carries forth the fact that you can be President. And so I am technically the As a matter of fact, I think there are 19 an active partisan on behalf of your Vice President and I am here acting as Irish Parliamentarians here. There are party in your beliefs and at the same the President. If anybody wants to a couple from Greece and New Zealand; time reach over and work with the mi- challenge me, do so now or forever hold Great Britain, as I said; and Canada. So nority and understand their viewpoint your peace. Within the ordinary course we have five nations represented who even as you are strong and aggressive of events within the next few days or with the United States have something on the principles that you believe in. so, I will be elected to be President, in common with one of them, Great So we thank the distinguished major- and then you will have no challenge Britain. And we have much in common ity leader again for taking the time to whatsoever. But I am here for Jim and with all of us. We welcome you to the be with us and for his leadership on be- I want to acknowledge Jim’s service to House. You are friends and great allies half of our country. the Association, to the Congress and to at a time of challenge for the global The Chair would like to also thank the country. He has served this Asso- community, both in terms of econom- Mr. MCNULTY from New York. Chair- ciation extremely well. We have made ics, in terms of terrorism, in terms of man MCNULTY has always been very great progress, building on progress moving our international community generous with his time, also, with the that began about 6 years ago, or more, towards a more peaceful resolution of former Members and we appreciate his with Matt McHugh and then with its problems. time today with such a busy schedule. Larry LaRocco and then with Jack Senator Mitchell. Did he leave? I’m The Clerk will take the roll. Buechner. Your association has grown sorry. I should have said that at the be- The Clerk called the roll of the in stature and in numbers and in ac- ginning. I was going to invite Senator former Members of Congress, and the tivities. We’re going to outline a lot of Mitchell, based upon his experience in following former Members answered to that activity here for you today. Northern Ireland, if he might visit us their names: It is also a great pleasure for me to here and see if he can resolve the dif- FORMER MEMBERS OF CONGRESS PARTICIPATING welcome to our meeting former Parlia- ferences between the Senate and the IN 38TH ANNUAL SPRING MEETING THURSDAY, mentarians from Canada, from the House. I thought that might be a very APRIL 17, 2008 United Kingdom, from Ireland, from useful contribution to the country. Mr. Broyhill of North Carolina Greece, and from Turkey. We are very, We’re having some problems. You may Mr. Buechner of Missouri very honored to have you with us. We have noticed. The Senate is a strange Mrs. Byron of Maryland are very honored to have the kind of body, Senator Tydings. We’re trying to Mr. DeNardis of Connecticut association that we have with your re- work with them, but it is very dif- Mr. DioGuardi of New York spective associations. We hope to con- ficult. Mr. Frey of Florida tinue to have those grow as well. And In any event, I want to welcome all Mr. Garcia of New York we will continue to carry out the ac- of you back and thank you for what Mr. Gilman of New York tivities that have made us, I think, a you have done for our country on both Mr. Goodling of Pennsylvania more vibrant and, I think, a more pro- sides of the aisle, as Americans, not as Mr. Hertel of Michigan ductive portion, quasi-governmental Republicans or as Democrats but as Mr. Hockbrueckner of New York portion of the Government of the Americans, and say how honored I am Mr. Hughes of New Jersey United States. We have accomplished a to have the opportunity to join with Mrs. Kennelly of Connecticut lot and we have a lot more to do. you on this day when you return, to re- Mr. Konnyu of California I look forward very much to a 2-year member what you have done here, but Mr. Kramer of Colorado term as President. I am going to be as- to also remember the friendships that Mr. Kyros of Maine sisted very ably by Congressman we have made here. Mrs. Long of Louisiana Hertel, who will be the Vice President, Good luck to you. Thank you very Mr. McHugh of New York and by Congressman Buechner, who much. Mr. Michel of Illinois has graciously agreed to continue in Mr. HERTEL. I want to thank the Mr. Nichols of Kansas the post of Past President. I don’t majority leader. Let me say that it’s Mr. Parris of Virginia think Jack has a vote, but he does have very appropriate that my Republican Mr. Rhodes of Arizona a role to play because he has been ex- friend Mr. Rhodes and I both intro- Mr. Sarasin of Connecticut tremely active in the growth of the or- duced the majority leader because if Mr. Shaw of Florida ganization and we need his experience there was an award for statesmanship Mr. Thomas of Georgia and we need his advice and we appre- for an incumbent, I think our majority Mr. Zeliff of New Hampshire ciate the fact that he is going to con- leader would certainly achieve that. Mr. HERTEL. The Chair announces tinue in that role. That’s the last nice It’s something to always follow the that 26 former Members of Congress thing I’m going to say about you. model that Tip O’Neill set for us, of have responded to their names. But I’m going to introduce you, be- being bipartisan in the ways that affect The Chair recognizes the President of cause I want you to tell the Associa- our country. I remember the great af- the Association, Mr. Rhodes, the dis- tion what you and we have been doing fection that Tip O’Neill had for Bob tinguished gentleman from Arizona. in the area of democracy building. Michel and how they worked together, Mr. RHODES. Thank you, Mr. Hertel. Jack, welcome back. It is good to see even though they fought on issues on a For those of you who don’t quite under- you. daily and weekly basis of importance stand what the cast of characters is Mr. BUECHNER. If the gentleman to our country. I remember Tip O’Neill here, you would have expected that our will yield, I am glad to be back. I want telling me about the love he had for friend Jim Slattery from Kansas would to thank everyone for participating in one of his very best friends, Jerry Ford, be standing here as President of the the programs that we’ve put together the President from Michigan, a Repub- Association. Jim made a decision to re- on the international end of it. In par- lican, who was as partisan as Tip when turn to Kansas and to run for the Sen- ticular, something new for the associa- he was the minority leader here in the ate. He also made the decision that tion is its participation in the Inter- House. What I have seen in the distin- that commitment of time and effort national Election Monitors Institute, guished majority leader is taking from would not allow him to devote the time the IEMI. It’s a joint project of our as- the Speakers that I was honored to and effort that he had remaining on his sociation with our sister organizations serve under, taking the intellectual term of office as President of the Asso- in Ottawa and Brussels. I am pleased abilities of Mr. Foley and the partisan ciation, so he did resign. The by-laws that some of our Canadian and Euro- aggressiveness of Mr. Wright and the really don’t say a lot about when an of- pean delegates, our colleagues active in wisdom and the common touch of Tip ficer resigns to run for office again, but the IEMI, have made the trip to D.C. to O’Neill, and that is embodied in our they do say when the President is not be with us today. Of course, joining the distinguished majority leader. He then here, the Vice President shall act as Prime Minister of Great Britain and

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6275 also the Pope. What a great time to be you decide what to do with that ballot. Ukrainian Parliament train what were in Washington, D.C., for the spring- It’s a very, very powerful thing. basically law students and political time. We have had an international delega- science students, train somebody to The first goal of our institute is to tion that went to the Morocco elec- work with the Parliament because take former legislators, and I am going tions. We had 52 observers from 19 there was no one there. And in the Rus- to use the term ‘‘legislators’’ rather countries. We deployed to 12 regions in sian Duma in the early stages, if you than Parliamentarians or Members of Morocco and visited 375 polling sta- wanted to introduce a bill, you had to Congress. I happened to see something tions. In addition, observers partici- actually bring enough paper to print the other day that ‘‘parliament’’ comes pated in briefings and meetings before copies for every member of the Duma. from the French word which is basi- election day to ascertain the political That was just one of those little things cally parle, to talk. Congress comes and legal climate in which the Moroc- that starts a democracy rolling, but from the Roman word which is a gath- can electorate could cast their votes. you have to deal with it. We believe ering of enemies. And I thought, I won- We saw a well-organized and trans- that via the Institute, we are posi- der if the Founding Fathers were play- parent election on September 7. Moroc- tioning ourselves to play an integral ing a little joke when they called it a can authorities had trained polling of- part in democracy building. Congress. These legislators we have ficials well and ensured that voters Before I yield back the floor, let me taken from the EU, from the United were given the opportunity to cast a recognize Doug Rowland, if you would States and Canada and we have train- secret ballot without undue influence. stand up. Doug is the President of our ing sessions in proper election moni- There were reported irregularities, but Canadian counterpart, our neighbor to toring. the overall impression gathered by the north, but is also the President It’s easy to think that because IEMI monitors was that the Govern- currently of the IEMI. He deserves a you’ve run for office and held office ment of Morocco should be congratu- round of recognition. Doug, thank you that you know something about elec- lated on a free, fair, and transparent for your efforts and for all the mem- tions. Well, you may know something election process. bers of the board. about a ridings in Calgary or about a But one of the problems was partici- With that, Mr. President, I thank you congressional district in South Caro- pation. An awful lot of people said, you for giving me the opportunity to report lina, but that doesn’t mean you know know, even though I’ve got the first op- on the IEMI. what you’re doing in Chad, and we’re portunity to vote, I think that the Mr. RHODES. Jack, thank you very not talking about Florida chads, we’re King’s going to influence it or the Is- much. talking about the country of Chad or lamic parties are going to be overrepre- Jack mentioned that the root mean- someplace that is having an ongoing sented, that they had the same kind of ing of the word ‘‘parliament’’ is talk. uprising by a minority party or a dif- skepticism that we in the West fre- Jack demonstrates the fact that he ferent tribal distincts. The Orange Rev- quently have to encounter, that low really is a parliamentarian, because olution taught us a whole lot about turnout of 37 percent, but a high num- there’s nothing about which he cannot what election observations were all ber of protest votes. One vote we saw talk at length. I wonder, though, if you about. Sometimes it was just sitting at the polling station said, I can’t vote know what the root meaning of the and making sure that the guys in for any of these idiots, which is sort of word Congress is. If you look up Con- charge—sometimes gals in charge— the ‘‘none of the above’’ with a little gress in a dictionary, the first defini- were not manipulating the vote. So we more emphasis. But it showed there tion is sexual intercourse. Then it gets have been able to put together these was an evidence for further political into what you said it was, which is con- training sessions and we’ve hosted reform necessary in Morocco. Former versation amongst others. Fortunately, other meetings. We have gotten a 3- Parliamentarians can play a crucial I think that we mostly do the latter, I year grant from the Canadian Inter- role in encouraging widespread engage- hope. Another of our international pro- national Development Agency. We’ve ment in the process. It is IEMI’s hope grams is something that I would like sent dozens of U.S., Canadian and Eu- that over the next few years leading up to have our friend Beverly Byron from ropean former legislators who have to Morocco’s 2012 elections, former leg- Maryland report on. We have done gone through this training and are now islators will be invited to assist in de- quite a number of external programs well-versed in an actual set of respon- veloping reforms such as civic edu- that Beverly is an expert on and will sibilities and challenges that come cation or effective political leadership. share her expertise with us, hopefully with election observation. A part In addition to participating in those as a Congressman and not as a Parlia- that’s very significant is a code of con- missions and conducting several train- ing sessions, the IEMI has created a mentarian. duct, to make sure that when our rep- Mr. HERTEL. The Chair recognizes strategic plan which envisions its ex- resentatives are in these different elec- the distinguished Congresswoman from pansion over the next 5 years. Part of tion areas, that they know what they Maryland, Beverly Byron. are supposed to be doing and what they that vision is to become active not just Mrs. BYRON. I’m afraid to touch are not supposed to be doing. This is an in election observation missions but in that podium after his remarks. interesting thing, especially for United democracy building work, now being Mr. RHODES. I don’t blame you. States politicians going someplace carried out worldwide by U.S., Cana- Mrs. BYRON. Let me first of all where the microscope is always on dian and European NGOs. For example, thank our acting temporary Presi- whatever it is we do. A mere stumble former legislators could play a crucial dent—until this afternoon. can sometimes, and I don’t mean phys- role in aiding a peaceful transition of Mr. RHODES. Are you going to chal- ically, but a turn of phrase. government following an election. We lenge me? One of the things that happens, you could work with newly elected legisla- Mrs. BYRON. Oh, I don’t know. It’s should know, is that sometimes the tors as they begin their work in a rep- early in the day. I’ve got probably a electoral mechanism, somebody in a resentative democracy. We could share couple of hours. You can never tell. country will look at one of our rep- our experience when it comes to the Let me say that I have been tasked resentatives and say, well, what do you nuts and bolts—we all know about the to talk about a program that I think is think we should do? The inclination is, nuts in the legislative branch—but, for one that the acting Members and the well, I’d throw that ballot out. Or I’d example, the work of committees or re- former Members have put together and accept that ballot. One of the things we lying on a professional staff. In many have worked very hard—the Study train our representatives to do is to be countries, there are no professional Groups on Germany, Turkey, Japan cool and to step back and to say, it’s personnel to work with the legislators. and Mexico. I originally thought I was your election, not our election, and I recall one of the first things that hap- just going to be talking about the Ger- we’re just here to make sure that the pened when I was a new member of the man Study Group which I have been in- world knows what goes on here. Now Association is we actually helped the terested in and have no problem with

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6276 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 the pronunciation on the German Turkey as we all know is important for sion-makers receive a comprehensive names, but I have Turkey, Japan and so many reasons: Peace in the greater picture of the issues revolving around Mexico. And so bear with me as we go Middle East, the expansion of the Euro- U.S.-Mexico relations. We are working along. pean Union, the transformation of closely with the Woodrow Wilson Cen- The Association serves as the secre- NATO. The Study Group on Turkey ter on the Mexico project. tariat for the Congressional Study brings current Members of Congress to- These Study Groups are examples of Groups. Germany is the largest and gether with their legislative peers, gov- how the Former Members Association most active exchange program. It is ernment officials and business rep- can provide an educational service to U.S. Members of Congress and Parlia- resentatives in Turkey and serves cur- current Members and working together mentarians of Germany. It is a bipar- rently as a platform for participants to furthering issues for our Nation. I look tisan organization, much as this one is, learn about U.S.-Turkish relations forward to being a part of the Study and they alternate the Chairs, Demo- firsthand. Thanks to funding from the Groups. I think those of you that are crats and Republicans, on the U.S. side. Turkish Coalition of America, the Eco- not involved in it would get a great The German group is celebrating its 25- nomic Policy Research Foundation of deal of satisfaction in having an oppor- year anniversary this year. The pri- Turkey and TOBB, the German Mar- tunity to see that we are still con- mary goal of the Study Group is to es- shall Fund also funds some of the work tinuing as former Members in many of tablish a dialogue between Members of with the Turkish group, and a group of the areas and issues that we have been Congress and their counterparts in the corporate sponsors, the Study Group on involved in. Bundestag. The group has a Distin- Turkey has brought important guests I thank you, the new acting-tem- guished Visitors Program where they to Capitol Hill. That includes then porary-prospective President, for the bring high-ranking German elected of- Turkish Foreign Minister Abdullah time this morning. ficials to the Capitol. Last year, the Gul, who is now President of Turkey; Mr. RHODES. Thank you, Congress- woman Byron, very much not only for Study Group on Germany organized Assistant Secretary of State Daniel your remarks but for your participa- events featuring political leaders such Fried; and many delegations of Turkish tion. It’s very valuable to all of us. As as Chancellor Angela Merkel; Dr. Nor- Parliamentarians. bert Lammert, President of the Ger- The Congressional Study Group on Beverly has said, the value of these man Bundestag; and Minister Sigmar Turkey also conducts an annual U.S.- Study Groups is bilateral. I think that Gabriel, Federal Minister for the Envi- Turkey seminar. In 2007, that con- we and our sitting Members whom we ronment. Every year, the Study Group ference took place in Ankara and involve in these exchanges learn a lot brings approximately eight Members of Istanbul. A congressional delegation and I think that the counterparts in the other countries also learn from us, Congress together with sometimes an met as we did when we were Members and we learn basically that many of equal number, sometimes more, of the with high-level representatives, includ- our problems are very, very similar. German legislators for several days, fo- ing Speaker of the Grand National As- It’s fascinating and it’s a great experi- cusing on discussions with a predeter- sembly of Turkey Arinc, as well as ence. mined agenda. The Parliamentarians Turkish Prime Minister Erdogan. Dis- I next want to have Matt McHugh usually are joined by several former cussions included Iraq and Turkey’s bid come forward and report to you on our Members of Congress and former Mem- to join the EU. This year’s seminar will various student-based exchange pro- bers of the Bundestag. They also have take place in May in Memphis in the grams which we loosely call Congress officials of the two federal govern- district of Representative Steve Cohen. to Campus. Matt has been intimately ments attending, think-tank and foun- Members of Congress and their coun- involved in the expansion and growth dation representatives, and members of terparts in the Turkish Grand National of the Congress to Campus Program the German-American corporate com- Assembly will discuss issues such as, which has been dramatic and a very munity. In 2007, the annual Congress- once again, energy security, civil soci- great reward to an awful lot of former Bundestag seminar took place in Ham- ety, and the Middle East. Members of Congress and hopefully to burg, Germany. This year the Study The Association also serves as the some students out there in the world. Group is going to be in Utah for its secretariat for the Congressional Study But from time to time, Matt, I think 25th annual seminar and it will be tak- Group on Japan. This was founded in we learn more than they do. Matt is a ing place in the current U.S. president 1993 in cooperation with the East-West longtime, very, very valuable member of that organization, Rob Bishop’s, dis- Center in Hawaii. The Congressional of the Association and we appreciate trict. The upcoming program is going Study Group on Japan is a bipartisan very much everything that you do for to discuss topics such as NATO, rela- group of 89 Members of the House and us. tions with China, and renewable en- Senate. The Japanese Group arranges Mr. MCHUGH. Thanks very much, ergy. Our program this morning is on opportunities for Members of Congress Jay. the energy issue. I think it’s one that to meet their counterparts in the Japa- As he indicated, my role this morn- we all are very much interested in. nese Diet in addition to presentations ing is to present our report on the Con- We need to thank the Study Group’s by American and Japanese experts gress to Campus Program which as supporters because it could not operate about various aspects of U.S.-Japanese many of you know is now run exclu- without financial support. Here comes relations. Recently featured guests sively by our Association in coopera- the advertisement: Craig Kennedy and have included Japanese Ambassador to tion with the Stennis Center. David the German Marshall Fund are ex- the United States Ryozo Kato; then Skaggs, who did such a great job for us tremely active. The Marshall Fund has Foreign Minister Taro Aso; and Head of for some years, is now the Secretary of funded this program for many years. the U.S. Delegation to the Six-Party Education in Colorado. But the transi- The Business Advisory Council also do- Talks, Ambassador Chris Hill. The Con- tion from his organization, the Council nates support on the administrative gressional Study Group on Japan is on Excellence in Government, has been side of the Study Group and current funded by the Japan-U.S. Friendship very smooth and successful. As most of companies such as Airbus, Allianz, Commission. you know, the Congress to Campus BASF, Daimler, Deutsche Telekom, Last but not least we have the Con- Program is the Association’s flagship DHL Americas, EDS, Eli Lilly, gressional Study Group on Mexico. It is program for our members. It sends bi- Fresenius, Lufthansa, RGIT, SAP, Sie- a unique organization in that it serves partisan teams of former Members to mens, and Volkswagen, to name but a as a bipartisan forum of legislators and colleges, universities and high schools few. congressional staffers to engage in across the country to educate the next Modeled after the Congressional issue-specific dialogue with Mexican generation of leaders on the impor- Study Group on Germany, the Associa- elected officials and government rep- tance of civic engagement. The partici- tion has established other Study resentatives. By being involved in the pating students benefit from the inter- Groups. The Turkish group in 2005. group, the two countries’ political deci- action with our Association members

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6277 whose knowledge and experience, as we retary Rumsfeld for recognizing the reer to be shunned, it’s a career to be know, are a unique resource. But at the importance of our reaching out to the sought. same time our members benefit, as Jay next generation of leaders. Matt, your leadership on this is has said, through our continued in- We have also continued working with greatly appreciated. volvement in public service and the the People to People Ambassador Pro- My next project is to try to introduce ability to engage these young people on gram that brings young people to our a real hero for the Association. It’s dif- issues of importance to them. Nation’s capital for a week of events ficult to do because he knows he’s a During each visit, our bipartisan centered on the concepts of character hero and will tell you himself if I don’t team conducts classes, meets individ- and leadership. These students are far do it. Lou Frey has served as President ually with students and faculty, speaks younger than those who participate in of the Association, and for the last 11 to campus media, participates in both the Congress to Campus activities, but years Lou has chaired our annual din- campus and community forums, and they have already demonstrated a com- ner which, as I think you probably all meets with local citizens. Institutions mitment to the ideals that the Con- know, is the lifeblood of the Associa- are encouraged to market our visits to gress to Campus Program seeks to pro- tion. When it became clear, Beverly, the entire campus community, not just mote. The Association’s involvement that I was going to become President, to those students who are majoring in in this program allows our members I called Lou and I said to him, Lou, political science, history or govern- living in the Washington area to speak you’ve got to do it 2 more years. Lou ment. Over the course of 21⁄2 days, hun- to these younger students on the im- said, I can’t. I’m tired. I’m tired of the dreds of students are exposed to the portance of public service and to an- whole thing. I don’t want to do it. former Members’ message regarding swer any questions they might have. A I said, Lou, please? the significance of public service. number of our members, as you know, And he said, Okay, I’m in for 2 more. There is one more visit scheduled for are working full time still and the Peo- Lou has not only done the dinner, he this academic year, after which we ple to People engagements allow them has started several other projects for begin recruiting schools for next year. to continue their public service in this us. I would call upon the Honorable The program has made both domestic particular way. The events are typi- Member from the State of Florida, Mr. and international visits this academic cally held in the early morning at sub- Frey, to enlighten us as to what he has year, including a visit to campuses in urban locations. Again, I want to been doing. We would all like to know. the United Kingdom and Canada and, thank all of our colleagues who have Mr. FREY. Thank you, Jay. Thank for the first time, two separate visits participated in this program. I want to you very much, Mr. President. to campuses in Mexico. By the end of mention in particular our colleague I would first like to also acknowledge next week, the program will have made Orval Hansen of Idaho. I don’t know if the tremendous work that your prede- 26 campus visits in this academic year. Orval is here this morning. If not, he cessor, Jim Slattery, did. He did an in- More than 30 members of our Associa- deserves recognition, because he has credible job. He worked incredibly tion have made visits this academic made it to nine of these visits early in hard. You two worked together to give year, and I want to take the oppor- the morning to meet with these young- us great leadership as I’m sure that tunity to thank all of you who have er students, seven of those visits in the you and Dennis will do the same. I did participated in the program and cer- last month alone. That is enormous start the Statesmanship Dinner 11 tainly encourage those of you who have dedication, and we are grateful to him years ago and it was a good idea. The not had the opportunity as yet to do in particular. only bad one was not figuring out who so, it’s a great experience for us. I want to conclude by again express- was going to be the chairman of it. We I also want to extend our thanks to ing appreciation to all of those who still haven’t done too good a job on the campuses, the faculty and staff have made the Congress to Campus that. This was our most successful din- members and students who worked so Program such a great success and by ner. We honored all the women who diligently on each of these visits. With- encouraging all of my friends here to have served in the Congress and were out their hard work, these visits would participate. As you know, a democracy serving in the Congress. Speaker not have been possible. We rely heavily can prosper only if its citizens are en- PELOSI was kind enough to come and on the universities to take the lead in gaged, and as former legislators we accept the award. And also Lindy coordinating logistics relating to each have a particular responsibility, I Boggs was the honorary chairman visit and appreciate the time they de- think, to encourage others to do so, whom we all dearly love. She and Cokie vote to ensuring their students will re- particularly our young people. were there. It was a really, really nice ceive the benefits of the program. Thank you very much. event. Beverly Byron did a great deal We have also continued, as I men- Mr. RHODES. Matt, thank you very of work; Nancy Johnson. Incredible tioned at the beginning, our relation- much. I just want to echo what Matt group they had to help us raise money. ship with the Stennis Center for Public says about the Person to Person pro- It was the biggest crowd we’ve ever Service in the administration of the gram. I’ve participated in one, which had, thanks to the efforts of many of program. Association and Stennis Cen- started at 6:45 a.m. in far out Bethesda. the women who served in the Congress. ter staff work very closely together on This is all junior high school kids. At As you know, that is our big fund-rais- a day-by-day basis to make the pro- 6:45 they are up and dressed and ing event and we use it for a lot of dif- gram such a great success. We appre- scrubbed and raring to go. I’m standing ferent activities. ciate both the staff support and the there saying, what am I doing out here One of the things that we have found steady financial contribution we get at 6:45 in the morning? It’s worth it. in my State, and I’m sure it isn’t true from the Stennis Center each area. We I want to emphasize what Matt em- in your State, but basically we are look forward to working with them in phasized, which is that the purpose of civically illiterate. Forty percent of the years ahead as well. this kind of activity is not to say to a the adults in Florida cannot tell you I am also pleased to announce that in kid, this is how you prepare yourself to the three branches of government. Sev- the next academic year for the first run for Congress, or to run for public enty-three percent of the fourth grad- time we will be receiving a financial office. The purpose is to say to them, a ers in a multiple choice test can’t pick contribution and some support from career in public service is a career out the Constitution as our leading the Joyce and Donald Rumsfeld Foun- worth pursuing. Public service encom- document. I’m talking about my State. dation. The Foundation’s generous passes a whole lot of things. Being a I happen to have seen the statistics, grant will enable our Association to teacher, being a fireman, being a po- and I would suggest that maybe we’re reach out to more students and more liceman, a garbage collector or, like a not alone in this area. But in Florida schools, many of whom have not par- garbage collector, a Congressman. But we don’t teach civics. Many States in ticipated in the past. And so on behalf the point is to emphasize to the young our country don’t teach civics. One of of our members, I want to thank Sec- people that public service is not a ca- the things that we have been trying to

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6278 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 look at as an organization is how do we I’m very proud to be part of this. I’m they had a good time. We appreciate reach out to the students. How do we proud of how we continue to put back. you all being here with us very, very reach out to the teachers so that This is not really a social organization much. And we’re coming back. they’ll have something to turn to if anymore. It is really an organization of I want to take a minute to thank they’re interested in teaching civics. Of people who have given to the country Jim Slattery for his service as Presi- course, one of the answers is the Inter- and now can’t give 100 percent but try dent of the Association. Jim and I had net. What we did last year is we experi- and give as much as they can back to known each other pretty well when we mented with programs that the former this country. It is certainly needed. I were both Members, but we got to Members would do on key issues and don’t think there’s any group of people know each other a lot better over the used the Internet to get it out to high who have more knowledge, who have course of the last couple of years. Jim schools and colleges around the coun- more ability and don’t have any skin in and I did a Congress to Campus visit try. That worked pretty good. This the game in terms of any personal in- together to Baker University in Bald- year we’re going to take it to another volvement in what’s going on. win, Kansas. It was a very, very re- step. We’re going to really put together I thank each and every one of you for warding experience. I can’t emphasize a library, if you will, for teachers. what you’re doing. I think it’s great. I enough what Matt said to you, that if We’re working with the Presidential think, as the President said, there’s a you haven’t done a Congress to Cam- Classroom teachers, we’re going to lot more we can do, and we will do. pus, do it. You will profit from it and work with the institute that I have, Thanks to this organization, a lot of you will benefit from it. And hopefully and the former Members. young people and people not only here somebody else will, too. But you defi- Let’s take a subject like electoral but with our colleagues, a lot of people nitely will. You will definitely come college. We will have a 50-minute les- around the world are going to have away with the feeling that the genera- son plan for teachers, 30 minutes will more idea of what’s going on and why tion that’s coming up is not all bad. be a discussion by the former Members understanding what we’ve been given There are some good people and there on that issue, 20 minutes for the teach- in this great country is really worth- are some very, very enthusiastic and ers themselves. We’ll put maybe 50 of while. intelligent people who want to con- these together over the next 3 or 4 Thank you very much, Mr. President. tribute. It’s well worth the time. years so that the teachers all around Mr. RHODES. Lou, thank you. We have a plaque for Jim. It will read the country can punch in for free, get I’m going to insert something into just sort of like what I said the plaque that lesson plan, and teach civics. How the script here that wasn’t here, but for Mr. Mitchell read, which is: Thank in the world can you have a country I’m going to ask you to help us as far you very much. We appreciate your that is as great as ours and the people as the dinner is concerned because one participation, your association and don’t know what they have? Thomas of the greatest conundrums that we your friendship, and we wish you the Jefferson said a country that’s half ig- face is trying to identify somebody best. Now this is a bipartisan organization norant never was and never will be whom we, A, should honor; B, would and we don’t take sides. I will say to free. We’ve probably lost a couple of like to honor; and, C, who will sell ta- you that I wish Jim Slattery phys- generations. I’m not sure how we’ll bles. If you have any thoughts and sug- ically the best. Not necessarily politi- ever get those back. But we are not gestions along those lines, we would cally but physically. I know that he going to lose the younger generation. greatly appreciate hearing them. misses us and we miss him, and we’re We’re going to reach out to them as Quickly. very, very supportive of his desire to we’re doing in these programs, the A couple of other programs that we have going that you should know return to public service. stuff that Matt is doing. I think we can I want to thank Dennis Hertel and about. One is a golf tournament. We’ve make an incredible difference in terms Mike Parker and Jack Buechner for had the golf tournament for quite a few of our young people, not preaching their service to the Association, both party but preaching what we have and years. It brings together sitting Mem- current and in the future. And I want what our country’s about. So they’ll bers and former Members. This is gen- to recognize our professional staff. As make a decision. Whatever it will be, erally not bipartisan. We generally pit any bureaucracy as we have grown we may agree or disagree, but at least each other against each other on a par- more successful, we’ve grown more it will be a decision based on some tisan basis. But it’s fun. But this year staff. We currently have five perma- facts and on some knowledge. we’ve changed the format slightly and nent staff, led by Pete Weichlein, I want to thank many of you for help it is going to be a charitable event, and whom you all know; but joined by with the book we’re writing, the second we hope that that will expand it great- Whitney Novak, who is an Executive edition of the Former Members book. ly. The charity is a fund for disabled Assistant; and Tracy Fine, who is a As you know, the first edition is used veterans, especially veterans from Iraq Program Officer; and Rebecca in many colleges. The second one, if and Afghanistan. The tournament is on Zylberman, who is a Senior Program you haven’t sent your final ideas in on July 14 at the Army/Navy Club. I en- Officer. It must mean she’s older than your rules of politics, please do. It will courage you, A, to participate; and, B, Tracy. I’m not sure what that means. go to the publisher in August. We were to encourage others to participate as And Sudha David-Wilp who is without honored about a month and a half be- well. I think it’s a cause that we all peer in terms of what she does for us in fore President Ford died, I had been would agree is well worthwhile. putting together the international pro- trying to get him for really a couple of I should tell you that the Association grams. She is terrific. Once again our years to do it, he sent us five pages on sponsors, on a sporadic basis but gen- great welcome to our visitors from what his political rules of life were, erally biennially, a study trip for our other countries, from other former which will be really interesting. That members abroad. Last fall we took Parliaments. book will be out certainly in August. about 40 of our members to Ireland. In Before I do the sad thing, which I We hope that it will add to what teach- retribution, the former members of the really am not enthusiastic about doing, ers can use, not necessarily from an Irish Parliament have sent 30 of their I want to recognize one particular academic style but as a supplement to members here this week. I don’t know member of our Association, and that’s what really goes on in this wonderful if that’s because of the way we behaved our former Republican leader, Mr. place. or misbehaved in Ireland. I did not go. Michel. We appreciate your continued I want you to know that, according I have talked with many of our friends support, your continued activity, your to the Washington Post, we’re back for who did go and the one thing that’s continued love of your country and all an annual ‘‘schmoozefest’’ and it will unanimous is that they had a good that you do for all of us. Thank you for get ‘‘boozy’’ tonight. I don’t know time. The other thing that’s unani- being here with us this morning, Bob. where the reporter is to listen to all mous is they don’t know exactly what Now I need to read the list. It seems these things that this group is doing. they did that was so much fun, but that this list gets longer and I’m not

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6279 sure what that means about all of us, eral of us who left because we were de- their presence here today. Before ter- but this is the list of those of our Mem- feated in elections and several of us minating these proceedings, the Chair bers who have passed in the course of chose to resign, or retire, but we are would like to invite those former Mem- the past year since our last annual former Members of this institution and bers who did not respond when the roll meeting. They are: I think that we ought to assert our- was taken to give their names to the Robin Beard of Tennessee selves with our sitting colleagues when Reading Clerks for inclusion in the Daniel Baugh Brewster of Maryland we feel that they are not forwarding roll. The Chair wishes to thank the Frank Welsh Burke of Kentucky the interests of the country as much as other former Members of the House for Julia Carson of Indiana we would like for them to do and the their presence here today. Good luck to Donald Clancy of Ohio country would like for them to do. you all. Jo Ann Davis of Virginia Mr. Speaker, that concludes the an- The Chair would advise that the Mendel Davis of South Carolina nual report of the Former Members of House will reconvene at approximately Bill Dickinson of Alabama Congress. And we did it 5 minutes 10:30 a.m. this morning. Jennifer Dunn of Washington early. Mr. GILMAN. Mr. Speaker, before we John Flynt of Georgia I yield back the balance of my time. adjourn, could we identify and ask our Paul Gillmor of Ohio Mr. HERTEL. I want to thank the distinguished visiting Parliamentar- Gilbert Gude of Maryland President for his presentation and his ians to rise and make them a part of leadership today and commend him, Augustus Hawkins of California our CONGRESSIONAL RECORD today. Peter Hoagland of Nebraska because this is a record time for our as- Mr. HERTEL. They are in the gal- William Hungate of Missouri sociation. I think it’s because our asso- lery. We recognize them now, Mr. Gil- Henry Hyde of Illinois ciation has gone from having some re- man, and we thank them all for com- Tom Lantos of California tired people that were a bit long-wind- ing. John Mackie of Michigan ed to having more and more active peo- Our proceedings are adjourned. Wiley Mayne of Iowa ple and go right to the point about, as Thank you. Thomas Meskill of Connecticut we have seen this morning, reporting Accordingly (at 9 o’clock and 58 min- Howard Metzenbaum of Ohio on the activities of the Association, utes a.m.), the House continued in re- Joseph G. Minish of New Jersey how we have reached out to the Nation cess. and the world as far as leadership for Parren J. Mitchell of Maryland f George Sangmeister of Illinois democracy and public service. Robert Sweeney of Ohio I want to take a moment just to b 1032 thank Ken Kramer, a board member, Craig Thomas of Wyoming AFTER RECESS Guy Vander Jagt of Michigan for all his leadership, Ken from Colo- rado; and Barbara Kennelly for her The recess having expired, the House Charles Vanik of Ohio was called to order by the Speaker pro Joseph Waggonner of Louisiana leadership on the board and with our tempore (Mrs. TAUSCHER) at 10 o’clock Robert Young of Missouri. association across the board; Mr. Zeliff and 32 minutes a.m. I would like for you to stand up and from New Hampshire for all he’s done let’s have just a moment of silence for in support of our association. And to go f our fallen comrades. through the list of the people that PRINTING OF PROCEEDINGS HAD Thank you. made the presentations today: Mr. DURING RECESS Buechner, who’s just done such an ex- Mr. HOYER mentioned that things cellent job all these years of giving ad- Mr. BRALEY of Iowa. Madam Speak- aren’t as friendly and as engaging as er, I ask unanimous consent that the they were when we were here. That’s vice and counsel and leading our asso- ciation. Mr. Matt McHugh from New proceedings had during the recess be all true. I have thought many times York who was past President, also who printed in the CONGRESSIONAL RECORD sitting out there where you are about continues to demonstrate and lead in and that all Members and former Mem- the words that we see in front of us, the area of public service, especially bers who spoke during the recess have Justice, Tolerance and Liberty. To the for our young people now today. Lou the privilege of revising and extending extent that we have liberty, and I be- Frey, who has been with us all these their remarks. lieve that we do, and to the extent that years as past President but chairman The SPEAKER pro tempore. Is there we have justice and I believe that we of our Dinner Committee and without objection to the request of the gen- do, we’re lacking in tolerance. I would his leadership we would not have the tleman from Iowa? say to all of us that we might take it opportunity to do the things we are There was no objection. upon ourselves to talk to our sitting doing in our country and around the f colleagues from time to time and say world with the finances that he has to them, we wish you guys would get ANNOUNCEMENT BY THE SPEAKER helped raise, especially for our Con- PRO TEMPORE along a little better and work harder gress to Campus Program where we on the business of the country rather now reach over 60 campuses per year. The SPEAKER pro tempore. The than on your own reelections and your And, finally, to thank Doug Rowland Chair will entertain up to 15 1-minute own egos. I think that probably is al- from Canada, the past President there requests per side. most a duty for us, to remind them of their parliamentary association that f that this body doesn’t exist for single we helped with in their infancy but A PLAN TO SUPPORT OUR ECON- individuals, it exists for the body and now he has shown great leadership of it exists for the institution and it ex- OMY AND OUR INFRASTRUCTURE the highest order in the IEMI and help- NEEDS ists to forward the business of the ing us with training election monitors country. not only for ourselves but for other (Mr. BLUMENAUER asked and was I don’t think that that’s outside the former parliamentarians in an inter- given permission to address the House purview of the charter of the former national organization with the Euro- for 1 minute.) Members of Congress. That’s not lob- pean Union and the association of Mr. BLUMENAUER. Madam Speaker, bying an issue. It’s lobbying attitude former Canadian parliamentarians. JOHN MCCAIN has famously said that he and it’s lobbying getting things done. Let me close by just summarizing doesn’t know much about economic There’s only one way to get into this what Jay, our President, said about our issues. But it’s paradoxical that the organization, and that’s to get elected. staff. We simply have the best staff in Republican presidential candidate’s There are only three ways to leave. Washington, D.C. I think we can say idea for helping a troubled economy is Two of them are not pleasant. There’s that in one sentence. to put people out of work and make nobody sitting here now who took the The Chair again wishes to thank all traffic congestion worse and freight way out with your boots on, but sev- the former Members of the House for movement harder.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6280 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 His proposal to stop collecting the The housing crisis demands bold ac- Mr. BRALEY of Iowa. Madam Speak- gas tax will cut critical funding that tion, and this House has already re- er, I rise today to honor my friend and keeps commuters, freight and our econ- sponded by passing legislation that my hero, Mark Smith, and to congratu- omy running. And when the trust fund would expand affordable mortgage late Mark on his retirement as Presi- is moving into deficit for the first time loans opportunities to families at risk dent of the Iowa Federation of Labor. in our history he will only make that of foreclosure. Over the past 34 years, Mark has been problem worse. We’ve also passed bills that would a fierce advocate for Iowa’s working It will also lead to the loss of over raise Fannie Mae and Freddie Mac loan families. He started as an instructor at 300,000 highway-related jobs, while limits to increase liquidity in the the University of Iowa Labor Center in there’s no evidence that huge oil com- mortgage market and that would in- 1974; was elected Secretary-Treasurer panies will cut their prices when they crease the supply of affordable housing. of the Iowa Fed in 1979, and served in get this gas tax ‘‘Holiday’’. It is the And now we have a plan that would that position until he was elected worst kind of pandering to mortgage help 1.5 million homeowners afford President of the Iowa Federation of the future to serve current political foreclosure. Labor in 1997. needs. Madam Speaker, we hope the admin- Mark has dedicated his life to the Instead, it’s time for our presidential istration will join us in supporting cause of working men and women in candidates to talk about their vision, these important bills that will provide Iowa. Protecting the rights of workers their plan to support our economy and necessary relief to those families feel- has been a long and difficult struggle, our infrastructure needs. ing the impact of the housing crisis. and no one has given more time and en- f f ergy to the cause than Mark Smith. OLYMPIC TORCH THUGS Mark is living proof that one person LAST CURTAIN CALL FOR FREE can make an enormous difference in (Mr. PITTS asked and was given per- SPEECH IN FRANCE the lives of thousands of individuals. mission to address the House for 1 (Mr. POE asked and was given per- Many of the people he helped never minute and to revise and extend his re- mission to address the House for 1 knew what he did for them and never marks.) minute.) had a chance to thank him personally. Mr. PITTS. Madam Speaker, with the Mr. POE. Madam Speaker, the cur- I stand here today on their behalf, be- Olympic torch traveling the world tain has dropped on the stage of free cause I want Mark to know that name- right now, we are seeing the Chinese speech in Paris, France for actress less people here are honoring his life- Government’s true repressive colors. Brigitte Bardot. The birthplace of en- time of heroic efforts. His lifetime of Everywhere it stops, it is accompanied lightenment has now become home to service leaves a legacy that challenges by a group of Chinese guards who have conformity and political correctness, future generations of labor leaders to been called ‘‘thugs’’ in the press. and rigid speech control. I am not surprised that Chinese lead- continue his efforts to further the In France, if speech is offensive, a ers would send secret police along to cause of working families. person can be fined and imprisoned. protect the torch, but I am surprised Mark may have retired from office, That’s what French prosecutors are the United States would be so but he will never retire from his real trying to do to Brigitte Bardot, claim- complicit in putting down dissent that passion, speaking out against injustice ing she incited racial hatred toward they would allow members of the Chi- and pushing people to do more to take the Muslim community. nese secret police into the United care of each other. Bardot wrote comments in a letter to States to ensure the security of the f Nicolas Sarkozy that offended Mus- relay. CONGRATULATIONS TO ITALIAN Are we so concerned with appeasing lims. Bardot, an animal rights activist, denounced a Muslim festival that in- PRIME MINISTER SILVIO China that we could not ensure the se- BERLUSCONI curity of the flame ourselves? cluding slaughtering sheep by saying The group designated to protect the she was ‘‘fed up with being led by this (Mr. WILSON of South Carolina torch is from the paramilitary People’s population which is destroying us, and asked and was given permission to ad- Armed Police, the same force that destroying France.’’ dress the House for 1 minute and to re- helped to violently quash the recent Now the French speech control police vise and extend his remarks.) protests in Tibet, now using brute force claim it’s a crime to speak ill of Mus- Mr. WILSON of South Carolina. to ensure that protestors in cities like lims. So much for freedom of speech in Madam Speaker, this week Silvio Paris, London and San Francisco, will progressive France. Berlusconi has been reelected as Prime not interrupt the ceremonial relay. Speech control is a throwback to the Minister of Italy. His coalition won a Maybe the Chinese need to be re- Dark Ages when no one could say any- strong majority in the Italian Par- minded that repression and torture are thing bad about the king. Gone is the liament. not Olympic sports. citizen Voltaire’s philosophy of ‘‘I may Prime Minister-elect Berlusconi, the disapprove of what you say, but I will conservative leader of the Forza Italia f defend it to the death for you to say political party and the new People of IT’S NOT NEARLY ENOUGH it.’’ Freedom party, had been a strong ally (Mr. COHEN asked and was given per- But today French citizens that speak of the United States in his previous mission to address the House for 1 their mind may face the modern day tenure as Prime Minister. No doubt his minute.) Bastille if they offend Muslims or hurt reelection will mean a strengthening of Mr. COHEN. Madam Speaker, as their feelings. It looks like the last our partnership with the people of many as 2.8 million Americans could curtain call for actress Brigitte Bardot Italy who have so positively influenced lose their homes in the next 5 years and free speech in France. American culture. due to the subprime mortgage crisis, And that’s just the way it is. Berlusconi’s election follows a grow- yet the Bush administration refuses to f ing line of European leaders, including properly address the crisis. Chancellor Angela Merkel of Germany Last month the administration was CONGRATULATING MARK SMITH and President Nicolas Sarkozy of willing to bail out Bear Stearns, but ON HIS RETIREMENT AS PRESI- France, who have run on a platform of when they announced their plans to DENT OF THE IOWA FEDERATION greater support for a strong alliance overhaul the regulation of financial in- OF LABOR with America. Additional presidents stitutions, they failed to properly ad- (Mr. BRALEY of Iowa asked and was promoting improved friendship with dress any of the needs of families who given permission to address the House America have recently been elected in face the loss of their homes in the com- for 1 minute and to revise and extend Indonesia, Serbia, Liberia, Peru, Korea ing months. his remarks.) and Russia.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6281 America has earned admiration of The overwhelming bipartisan House While we have sat patiently and most nations in the world, as identified passage of the Free Flow of Informa- waited for Speaker PELOSI’s common- yesterday by Pope Benedict XVI at the tion Act has now been joined with Sen- sense solution, the cost of gas has White House as he indicated America is ate action that includes the leadership soared $1.05 since the Democrats took the beacon of liberty and freedom. of Senator RICHARD LUGAR, Senator the gavel. This increase represents In conclusion, God bless our troops, ARLEN SPECTER, Senator PATRICK more than a 43 percent jump in old and we will never forget September the LEAHY and others. Senator BARACK prices. Enough is enough. 11th. OBAMA and Senator HILLARY CLINTON I’m sure that I’m not the only Mem- f add themselves as cosponsors of the ber of Congress listening to their con- bill this week, and I heartily welcome stituents worry about the con- CHILDREN ARE A PRECIOUS the strong endorsement of Senator sequences of the majority’s inaction on RESOURCE JOHN MCCAIN of this legislation. energy legislation. And while our con- (Ms. JACKSON-LEE of Texas asked I believe there’s now a bipartisan ma- stituents cannot afford to drive to and was given permission to address jority in both the House and the Sen- work or take their children to school, the House for 1 minute and to revise ate to support this vital legislation and Democrats have voted four times to and extend her remarks.) ensure the vitality of a free and inde- raise energy taxes in the 110th Con- Ms. JACKSON-LEE of Texas. Madam pendent press for generations to come. gress. Speaker, as the co-chair of the Con- We just need one vote in the other Higher energy taxes mean higher gas gressional Children’s Caucus, I have body. And I believe we’ll put a stitch in prices, something that our constitu- worked on issues dealing with child this tear in the first amendment free- ents do not want or need. abuse and mentoring, questions of dom of the press. It is time for Speaker PELOSI to ful- health care for children. f fill her promise to the American peo- Today in Texas, a court will under- ple. Instead of voting to increase taxes take one of the most challenging legal THIS IS THE PEOPLE’S HOUSE again, Congress should immediately cases of child custody ever to have (Mr. YARMUTH asked and was given adopt legislation which will give Amer- been witnessed in the United States. As permission to address the House for 1 ica lower energy prices without raising a strong opponent of child abuse and minute.) taxes. misuse of our children and affirmation Mr. YARMUTH. Madam Speaker, I f of how precious they are, I ask the rise today because I’m very concerned ANNOUNCEMENT BY THE SPEAKER Court to make the right and deter- about statements I’ve heard from all PRO TEMPORE mined decisions based on individual three Presidential candidates over the cases. We should not judge the parental last few weeks. We hear constantly, I The SPEAKER pro tempore. Mem- rights based upon our opposition to the will do this, I will do that, I will do bers are reminded not to stand in the views of the Fundamental Church of this, all referring to matters that have well or put documents on the podium Jesus Christ of Latter Day Saints. to be adopted by the United States when another Member is under recogni- Just as I supported the return of Congress. And I would remind them tion. Elian Gonzalez to his parents, I now that article I, section 1 of the Constitu- f support the concept that these parents tion says, all legislative powers herein b 1045 and children should not be divided and granted shall be vested in a Congress of separated because of our opposition to the United States. GIVE TAX RELIEF TO THE PEOPLE some of the legal practices of their par- So while we certainly look to the WHO REALLY NEED IT ents. President as a partner in our policies, (Mr. HODES asked and was given per- We must respect the first amend- we know, as we’ve seen over the last mission to address the House for 1 ment, but also the precious right of couple of years, that this President, minute and to revise and extend his re- children and parents being together. this White House ignores, the first arti- marks.) There must not be a biased determina- cle of the Constitution. Mr. HODES. Madam Speaker, while tion. I would urge all three candidates, many of us are standing up for tax cuts The children are still our precious re- whoever is President, whoever he or for working middle class families, source, and if no harm has been done she may be in 2009, re-read the Con- there are some on the other side who by their parents then the courts must stitution, because this is the people’s want to continue to provide tax breaks act in the best interests of the chil- House. The founders’ brilliance said to millionaires, billionaires, and even dren. that the people will speak as to the to big oil companies earning record f laws that they will obey through their profits. For the last 7 years, we’ve representatives in Congress. watched these record giveaways to the FREE FLOW OF INFORMATION ACT I again urge the President, the next wealthiest people and corporations (Mr. PENCE asked and was given per- President to re-read the Constitution turn our budget surpluses into record mission to address the House for 1 and adhere to article I. Many of us deficits. minute and to revise and extend his re- wear this button because we’re very The administration’s fiscal mess is so marks.) concerned that people forget that this bad that President Bush has borrowed Mr. PENCE. Madam Speaker, 3 years is their House. more money from foreign countries ago, I authored H.R. 2102, the Free f than all 42 of his predecessors com- Flow of Information Act, with my col- bined leaving our children in debt to ENOUGH IS ENOUGH league RICK BOUCHER from the State of unfriendly foreign leaders. American Virginia. (Mr. KUHL of New York asked and taxpayers are paying Iraq’s bill while As a conservative who believes in was given permission to address the we have serious needs at home. limited government, I believe the only House for 1 minute.) Yesterday, in my home State, New check on government power in real Mr. KUHL of New York. Madam Hampshire, gas prices hit record highs, time is a free and independent press. Speaker, it seems that every day we and nearly 4,300 New Hampshire fami- And the Free Flow of Information Act read about gas and diesel prices hitting lies may lose their homes to fore- is not about protecting reporters, it’s a new record high as the pain at the closure. It’s time to help middle class about protecting the public’s right to pump continues to ravish hard-working families caught in the economic know. Americans of their hard-earned money. squeeze. American people should know, The once nightmare scenario of $4 a Now, I’m committed to changing the Madam Speaker, we’re at a unique mo- gallon gasoline may soon become an way Washington does business by giv- ment in the history of this legislation. even harsher reality. ing tax relief to the people who truly

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6282 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 need it. We can’t fix our economy with Madam Speaker, people are hurting, pump and the supermarket and are suf- the same policies that led to the eco- real people, not oil company execu- fering in the housing market, Wash- nomic slide. tives, and we need both sides of the ington Republicans need to realize that f aisle and the President of the United we should prioritize the needs of Amer- States working to fix it. ica over those of Iraq. WE NEED TO SEE THE DEMO- CRATS’ NEW PLAN FOR LOWER f f GAS PRICES RECOGNIZE WORLD HEMOPHILIA WHAT HAPPENED TO THE PROM- DAY (Mr. WESTMORELAND asked and ISE OF CLEANING UP WASH- was given permission to address the (Mr. PRICE of Georgia asked and was INGTON? House for 1 minute.) given permission to address the House Mr. WESTMORELAND. Madam for 1 minute.) (Mr. GARRETT of New Jersey asked Speaker, April 28, 2006, a press release Mr. PRICE of Georgia. Madam and was given permission to address by Anita Lowe: These skyrocketing gas Speaker, I’m pleased to rise today in the House for 1 minute.) prices are a reflection of the Repub- celebration of World Hemophilia Day Mr. GARRETT of New Jersey. lican energy plan. We need a long-term in which we recognize the serious chal- Madam Speaker, I come today to the strategy to lower gas prices and meet lenges of those worldwide who suffer floor to point out something that’s our energy needs. Yet Republicans from hemophilia, a day in which we really already been pointed out in the passed up a golden opportunity in raise awareness to fight for a cure. press, and that is, as they say, that the major energy bills last year. Demo- Hemophilia is a rare genetic disorder Democrats, unfortunately, have crats have a plan to give American in which the blood doesn’t clot causing horrifically failed as the majority families the relief they deserve. Demo- excessive bleeding and easy bruising. party getting most anything done. crats, Madam Speaker, have been in Without proper treatment, it can lead Now, they made promises after prom- charge for 16 months and gas prices to organ damage, serious joint and ises to help the American people, and have gone up over $1.25 a gallon. muscle problems, and terrible pain. maybe it’s no surprise that most of April 18, 2006, in a press release, then- Those with hemophilia often live in a those promises have come to naught Minority Leader NANCY PELOSI: But world unknown to others, anxious and have been broken. the Republicans’ bills clearly have about even minor injuries or cuts be- This is most evident by the recent done nothing to lower gas prices as the cause what is minor for most people Democrat budget. It includes a massive price of a barrel of oil has settled above can be a major problem for those with $683 billion tax increase which only fur- $70 a barrel, the highest price in our hemophilia. ther burdens our children, kills jobs, history. As a physician, I’m confident that hurts small businesses, and basically Today, Madam Speaker, oil closed at with attention, diligence, innovation, just punishes the American family. $114 a barrel. Democrats have a plan to and scientific progress, we will improve And worst of all, this budget was cre- lower gas prices taking America in a the lives of those afflicted with this ated to finance wasteful spending and new direction. We’re ready to see this troubling disease and realize a cure. the special interests here in Wash- new plan. I don’t understand why the Madam Speaker, hemophilia is a ington. Democratic leadership won’t bring out daunting condition requiring vigilant So what happened to all of those the new plan, why there is not an out- care, but we see a day where patients promises of cleaning up Washington cry from their membership to see the need not fear its pain or its con- and cutting spending? Well, it seems new plan. sequences. I’m proud to stand today in they simply got lost in the shuffle of f support of World Hemophilia Day. all of their spending taxpayers’ dollars. f MR. PRESIDENT, REAL PEOPLE f NEED YOUR HELP TO REDUCE WITH ECONOMIC DOWNTURN, IRAQ OIL PRICES MONEY CAN BE BETTER SPENT PASS A CAP-AND-TRADE SYSTEM (Mr. MURPHY of Connecticut asked AT HOME (Mr. INSLEE asked and was given and was given permission to address (Ms. EDDIE BERNICE JOHNSON of permission to address the House for 1 the House for 1 minute.) Texas asked and was given permission minute.) Mr. MURPHY of Connecticut. Madam to address the House for 1 minute.) Mr. INSLEE. Madam Speaker, I want Speaker, let’s talk about what this Ms. EDDIE BERNICE JOHNSON of to share a little note of optimism we House has done already without any Texas. Madam Speaker, as taxpayers heard yesterday in our Global Warming participation from our Republican col- filed their income tax this week, many and Energy Independence Committee. leagues or from the President of the were probably wondering just how We had a group of venture capitalists United States. much of their individual taxes would be and investors come before us, and they We’ve passed legislation cracking invested in Iraq instead of here in the told us that they were supremely con- down on those who would take advan- U.S. at home. Consider that every sin- fident that America can create a clean- tage of this situation by price gouging gle second, the Bush administration is energy economy that is based on new with little to no participation from the spending $4,000 in Iraq. That means types of technology so we can solve our other side of the aisle and a President’s that income taxes paid by the average global warming problem and wean our- threatened veto. We’ve passed legisla- taxpayer would not even cover the cost selves off our addiction of Middle East- tion cracking down on the multi- of one second of this war. ern oil. It was very heartening. But national oil cartels who would fix This country is already facing dif- they told us they need one thing to prices at much damage to American ficult economic times. We cannot af- really open up the floodgates of tech- consumers without little to any help ford to continue spending $339 million a nology. They need a cap-and-trade sys- from the other side of the aisle and a day on a war that has no strategy for tem to cap carbon dioxide and really threatened Presidential veto. And victory. If we invested one day of this spur investment. we’ve passed legislation rescinding the sum in America instead, we could give The President yesterday gave short billions in tax giveaways that the prior 2.6 million American children access to shrift to that. He was disappointing. Congress gave to the oil companies and medical and dental care, or we could We’ve got to provide leadership here to turned them around to give them to hire more than 2,000 more border patrol get this job done. His message was sort tax benefits for homeowners and busi- agents to protect our borders. And we of a ‘‘can’t-do’’ message for a ‘‘can-do’’ nesses who want to invest in renewable could send 18,000 more students to col- people, we Americans. Let’s get this energy without any help from the lege. job done. Pass a cap-and-trade system. other side of the aisle and with the Madam Speaker, at a time when We will have a burst of new economic President threatening a veto. Americans are getting squeezed at the growth in this country.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6283 MR. CARTER, RECONSIDER YOUR WE NEED CAPABILITY TO CREATE their remarks and insert extraneous PLANS TO MEET WITH HAMAS OUR NEW ENERGY material on the bill, H.R. 5715, into the (Mrs. BLACKBURN asked and was (Mr. WAMP asked and was given per- RECORD. given permission to address the House mission to address the House for 1 The SPEAKER pro tempore (Ms. for 1 minute and to revise and extend minute and to revise and extend his re- SCHAKOWSKY). Is there objection to the her remarks.) marks.) request of the gentleman from Cali- fornia? Mrs. BLACKBURN. Madam Speaker, Mr. WAMP. Madam Speaker, the There was no objection. on behalf of my constituents in Ten- nexus between national security, en- nessee’s Seventh District, I rise to pro- ergy, and the environment is one of the f test President Jimmy Carter’s decision most important issues of our time. And ENSURING CONTINUED ACCESS TO to meet with the leadership of Hamas, on energy, I’m an all-of-the-above Re- STUDENT LOANS ACT OF 2008 publican. It is wise to conserve, and we a group designated by the U.S. State The SPEAKER pro tempore. Pursu- need to promote conservation. It is Department as international terrorists. ant to House Resolution 1107 and rule wise to advance energy efficiency tech- They see this as an outrageous act, XVIII, the Chair declares the House in nologies. We need to invest. But new something that is a disgrace to the the Committee of the Whole House on capacity, new energy sources are also men and women who have protected the state of the Union for the further sorely lacking. We need new national this Nation. consideration of the bill, H.R. 5715. Madam Speaker, Islamo-Fascist ter- gas supplies in this country. We need rorism is the plague of our time. Every refinery capacity. We need our own oil, b 1100 American official, past and present, albeit limited. But we’ve got to, num- IN THE COMMITTEE OF THE WHOLE should stand ready to help destroy it ber one, grow our capability to create Accordingly, the House resolved and to eradicate its philosophy of hate. energy in our country to be energy itself into the Committee of the Whole My constituents feel that by meeting independent. House on the state of the Union for the with Hamas, Mr. Carter a former Presi- I want to talk about nuclear energy further consideration of the bill (H.R. dent, undermines the critical goal and because the cars of the future are going 5715) to ensure continued availability only goads the enemy further. to run off of lithium batteries, some of access to the Federal student loan I urge Mr. Carter to reconsider his form of electric. We’ve got to have new program for students and families, ill-conceived plan, join the rest of us in capacity. We need nuclear energy in with Mrs. TAUSCHER (Acting Chairman) our collective to eradicate Islamo-Fas- this country to be self-sufficient even in the chair. cist terrorism and to halt any plan to on transportation. If we’re going to re- The Clerk read the title of the bill. prop up the enemy. duce our carbon footprint, don’t leave The Acting CHAIRMAN. When the nuclear off the table. Committee of the Whole rose on f This is a time to come together for Wednesday, April 16, 2008, 34 minutes new energy technologies, to promote remained in general debate. an in-tech agenda, to actually balance The gentleman from California (Mr. THE STATE DEPARTMENT SHOULD the budget again with a robust manu- MILLER) has 151⁄2 minutes remaining NOT HAVE RENEWED facturing economy. It’s pro-American. BLACKWATER’S CONTRACT and the gentleman from California (Mr. f MCKEON) has 181⁄2 minutes remaining. (Ms. SCHAKOWSKY asked and was Mr. GEORGE MILLER of California. DEVELOPING NEW SOURCES OF given permission to address the House Madam Chairman, I yield myself such FUEL for 1 minute.) time as I may consume. Ms. SCHAKOWSKY. Madam Speaker, (Mr. BROUN of Georgia asked and Madam Chairman, Members of the only a week after the State Depart- was given permission to address the House, today we continue the consider- ment renewed Blackwater’s contract, House for 1 minute and to revise and ation of H.R. 5715, the Ensuring Contin- the Bush administration was at it extend his remarks.) ued Access to Student Loans Act of again giving more praise to Mr. BROUN of Georgia. Madam 2008. This is legislation that was re- Blackwater, the private military con- Speaker, I rise today to ask for us ported from the Committee on Edu- tractors. Last Friday, Ambassador Americans to consider what is going to cation and Labor with unanimous bi- Crocker said contractors ‘‘like be best for the people of this country partisan support. Once again today, I Blackwater are absolutely essential.’’ and stop pandering to the environ- want to thank my colleagues on the But was it absolutely essential for mental wackos. committee on both sides of the aisle Blackwater to gun down 17 innocent We have to develop alternative and the staff on both sides of the com- Iraqis? Was it absolutely essential for a sources of fuel. We have to tap into our mittee for working in a manner which Blackwater employee to kill a guard to own energy sources. We have to make allowed us to report this bill in very the Vice President of Iraq? Was it abso- nuclear energy easier to put in place, short order to the House for its consid- lutely essential for a Blackwater heli- to build reactors, and to make it less eration, and on working with the De- copter to drop CS gas on a traffic jam costly to do so. We need to tap into our partment of Education, the Secretary in Baghdad? own oil sources. If we’re going to lower of Education, Margaret Spellings, for It has been months, and some in the cost of gasoline, we have to build her cooperation in helping us with this cases years, since these incidents and more refineries. If we’re going to lower legislation so that we can assure the we still don’t have the results of those the cost of diesel fuel, we’re going to parents, families, and students of this investigations. Instead, our govern- have to tap into ANWR and off the gulf country that there will be no interrup- ment has ignored those abuses and re- coast. It’s absolutely critical for our tion in their access to student loans. newed Blackwater’s contract and then economy to do this. As the lending season starts to a week later said they are absolutely We need to look for alternative progress now, as students are getting essential. What kind of country do we sources of energy but we have energy their letters of acceptance, thinking live in where it’s acceptable for the sources here today. Let’s go get them. about the next semesters of education United States government to praise f and next year’s education, as that lend- and reward a company that kills inno- ing season comes into its fullness, we cent people? GENERAL LEAVE want to make sure that there is no dis- The only thing that is absolutely es- Mr. GEORGE MILLER of California. ruption. sential is that we end this State De- Madam Speaker, I ask unanimous con- We are concerned about a disruption partment’s dependence on private mili- sent that all Members have 5 legisla- because of the general disruption that tary contractors now. tive days in which to revise and extend is taking place in the Nation’s credit

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6284 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 markets, and specifically, concern able to assure families and students here; generally we wait until we’re in about whether or not there will be a that there will be no major interrup- the middle of a crisis to fix this. I hope spillover onto the student loan mar- tion in the student lending for the re- that I’m wrong in thinking that there kets so that students will have dif- mainder of this year and next year. may be a crisis coming, but I think it ficulty finding those loans. With that, I will reserve the balance is very appropriate to take these posi- We have worked with the Depart- of my time. tive steps to ease or prevent a problem ment of Education, we have worked Mr. MCKEON. Madam Chairman, I that could arise very shortly. with the administration, we have yield myself such time as I may con- I again thank the chairman for his worked with the Republican members sume. efforts. He has not been well this week, of the committee and our own caucus Today we are continuing the debate but you wouldn’t notice it. He shows up to devise a system of relief that is on H.R. 5715, the Ensuring Continued at every meeting, and he has worked available to the Secretary and to the Access to Student Loans Act of 2008. very hard. I hope he takes some time administration in the event that that This bill is a first step to prevent a cri- over the weekend to get some rest and should happen. And really what we’re sis before it happens in the student gets feeling better for next week. doing is three things: One, we’re mak- loan program, and its consideration I strongly support this bill, and I en- ing sure that the existing law and the has come not a minute too soon. Peak courage my colleagues to vote for it. Madam Chairman, I reserve the bal- existing program for such an emer- lending season begins in July, and we cannot, we must not, wait until a stu- ance of my time. gency, the Lender of Last Resort pro- Mr. GEORGE MILLER of California. dent is denied a loan to put mecha- gram, is functioning, that agreements If I might, I have one additional speak- are reached between the Secretary of nisms in place to deal with the turmoil er, but the speaker is on his way to the Education and the Secretary of Treas- in the student loan market. floor. If you want to go ahead, then we ury, and we’ve been told by the Sec- To date, 60 lenders have suspended will have that speaker, and I think we retary of Education that she has in- their participation in all or part of the will yield back our time. formed the members of the committee FFEL program. This includes 10 non- Mr. MCKEON. Madam Chairman, I that that has been done, that the Sec- profit State loan agencies affecting am happy to yield 3 minutes at this retary meet with the guarantee agen- students in Pennsylvania, Texas, Colo- time to the gentleman from Pennsyl- cies that might stand in the stead of rado, Iowa, Indiana, Massachusetts, vania, ranking member on our Sub- those lenders that cannot make those Michigan, Missouri, New Hampshire committee for Healthy Families, Mr. loans to make sure that there is a and Minnesota. These are not minor PLATTS. smooth transition between them and players exiting the program. Nine out Mr. PLATTS. I thank the ranking the universities and colleges, and that of the top 10 consolidation lenders have member for yielding me the time. that program is in place. stopped offering these loans, while 20 I rise in support of H.R. 5715, the En- Also, that schools are aware that out of the top 100 originators have suring Access to Student Loans Act. they can apply to qualify for the Direct stopped making Stafford and PLUS While not a complete solution to the Lending program. Many colleges and loans. These 60 lenders account for 13 current credit crunch that exists in the universities use that today. They may percent of the total Stafford and PLUS student loan market, this bill is a very want to consider that so, again, there loan volume and 76 percent of total important and strong starting point to is smooth transition should the private consolidation loan volume. ensure that students can continue to lending market not be able to come In fiscal year 2006, these lenders obtain affordable loans for their edu- forward with the student loans, they originated more than $6.5 billion in cation. could direct their students to either of Stafford and PLUS loans to more than I am especially pleased that the man- those two programs. 800,000 students and parents, and more ager’s amendment included a provision And, finally, to try and help the pri- than $55 billion in consolidation loans that I was planning to offer as a stand- vate sector credit markets for student to more than 1.8 million borrowers. alone amendment to the underlying loans, as this bill does, to give standby The bill before us includes necessary bill. Specifically, this provision will authority to the Secretary to purchase reforms to ensure the Department of permit the Secretary of Education to those government loans from the tradi- Education can respond if students have enter into forward purchasing agree- tional lenders in the student loan field access problems as lending season gets ments with student loan lenders when so that we might develop some liquid- underway. First, it will allow students purchasing loans through the newly es- tablished secondary market. This con- ity in that market so that they can to receive additional financing that tractual agreement will provide the then take the money they receive from will help them stay in school if they necessary confidence for lenders to not the Secretary and make a new tranche are denied private, nonfederal loans. only participate in the market, but to of student loans. If she purchases those Second, the bill clarifies aspects of the continue to originate loans for stu- Lender of Last Resort program, easing loans, that money could only be used dents. to provide a new set of student loans participation for students and schools Some lenders, such as the Pennsyl- for the students for the coming year. and ensuring funds will be available vania Higher Education Assistance And we also raised the loan limit for should they become necessary. Third, Agency, PHEAA, in my home State, students, for undergraduates, because the bill ensures that lenders have the have recently announced that they will we understand that the private student authority to provide PLUS loans to not be originating additional loans due loan market is in very rough shape, struggling parents who are facing dif- to the unstable market conditions. and there are some students who use ficulties with their home mortgage. This could result in difficulties for stu- private loans to fill a small gap be- And, fourth, the bill grants new flexi- dents in Pennsylvania, and elsewhere, tween the total cost of their education bility for parents with a new optional in obtaining the loans they need. and what they were able to borrow. We grace period that permits parents to It is imperative that Secretary think by raising the limit, we will be defer PLUS loan payments until after Spellings at the Department of Edu- able to help most of those students in the children graduate. cation continue to work with Congress, that situation. Finally, the bill authorizes the De- as well as Secretary Paulson at the De- So this is an important piece of legis- partment of Education to invest in or partment of Treasury and Chairman lation. It’s legislation that we look to agree to the future purchase of out- Bernanke at the Federal Reserve Bank, be acted upon in the Senate in a very standing loans which could free up cap- to provide access to capital sources for timely fashion and then to be sent to ital and allow lenders to make new use in originating and purchasing the President, we believe, for his signa- loans in the upcoming school year. loans. ture. And then we will have completed I want to thank the chairman for Last month, I joined with the major- a series of standby authorities and a moving very rapidly on this situation. ity of my colleagues in the Pennsyl- series of processes that we should be That’s not our modus operandi around vania delegation in sending a letter to

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6285 Secretaries Spellings and Paulson and backed out of the program before most through regulation, that will increase Chairman Bernanke requesting that students have even gone to secure their liquidity and restore confidence among they adopt both a short-term strategy loans for next year. investors and consumers. to inject revenue into the student loan We see the potential for a problem This bill is a first step and one that market and a long-term strategy to ahead, and I believe it is our job in deserves bipartisan support. It signals prevent future capital market disrup- Congress to find solutions and alter- our commitment to a strong Federal tions. natives now, before we see a repeat of family education loan program and While H.R. 5715 is a very important the subprime mortgage market melt- should help ease the minds of students step in the right direction, the actions down. and families, and it does these things of Secretaries Spellings and Paulson When we considered the Higher Edu- without a single cost to the taxpayer. and Chairman Bernanke will continue cation Reauthorization bill back in I want to again thank Chairman MIL- to be critically important to getting February, I offered an amendment ex- LER for his leadership and bipartisan the student loan market fully back on pressing a Sense of Congress that the cooperation on this legislation. I would track. Departments of Education and Treas- also like to recognize Representatives I certainly commend Chairman MIL- ury explore options within Federal fi- RUBE´ N HINOJOSA and RIC KELLER, the LER and Ranking Member MCKEON for nancing institutions to ensure liquid- chairman and senior Republican on the bringing forward this bipartisan piece ity for the program providers. While I Higher Education Subcommittee, for of legislation—and, as the ranking am pleased that Chairman MILLER and their role in making this legislation a member said, in such a quick fashion— Ranking Member MCKEON have in- reality. the committee leadership and staff in cluded this language in the bill before The staff deserves special recognition getting this bill to the House floor us today, I wonder if we would be in for their efforts to bring this bill to the aimed at providing relief to both stu- this situation had we worked to ad- floor so quickly. On my staff I would dents and lenders. dress this situation back in February. like to thank Amy Jones along with Again, I also thank the chairman for Lenders who have exited the FFEL Susan Ross and Sally Stroup; on Chair- including language in his manager’s program account for 13 percent of total man MILLER’s staff, Gaby Gomez, Julie amendment providing for forward pur- student loan volume in the FFEL pro- Radocchia, and Jeff Appel. chasing agreements. Allowing these gram. What’s worse, we have not en- Madam Chairman, this bill is a posi- agreements with the Department of tered the period of time when students tive first step. It’s good for students Education will help to stabilize market will call their individual lenders for and families, it’s good for taxpayers, conditions and thereby encourage lend- next year’s loans. We need to act and it’s good for our economy. I urge ers to originate more loans. quickly to prevent students from being my colleagues to vote ‘‘yes.’’ I strongly support this legislation denied loans. Madam Chairman, I yield back the and encourage a ‘‘yes’’ vote. While I believe this bill is a good first balance of my time. Mr. MCKEON. Madam Chairman, I step, we need to work with the Treas- Mr. GEORGE MILLER of California. am happy to yield 3 minutes to the ury Department to open access to Fed- Madam Chairman, I want to thank Mr. gentleman from Connecticut (Mr. eral financing institutions like the MCKEON for mentioning my staff and SHAYS). Federal Home Loan Bank or the Fed- to Julie Radocchia and also that I Mr. SHAYS. I thank the gentleman eral Financing Bank. failed to mention her birthday yester- for yielding. I appreciate the work on Ultimately, this is a liquidity issue. day when I recognized her service. both sides of the aisle. While I am pleased the bill provides ad- Mr. BACA. Madam Chairman, I rise today to Madam Chairman, I rise today in ditional Federal assistance to students voice my strong support for H.R. 5715, the support of H.R. 5715, the Ensuring Con- and their families, I am concerned that Ensuring Student Access to Federal Student tinued Access to Student Loans Act, we are not getting to the heart of the Loans Act. because it is an important legislative matter. Access to education and equality of oppor- step to addressing the liquidity short- tunity are rights that every American deserves. b 1115 age in the student loan market. H.R. 5715 helps to protect these rights—by I would like to thank Chairman MIL- It is alarming to think in this period ensuring the turmoil in the U.S. financial mar- LER, Ranking Member MCKEON and the of economic uncertainty we would be kets does not keep students from accessing Education and Labor Committee in willing to provide anything less than the federal loans they need to pay for college. general for bringing this legislation to the highest quality education to citi- Because of the current stress in the U.S. the floor today to ensure continued ac- zens of our Nation. Access to higher credit markets, these protections are nec- cess to student loans in this time of fi- education is critical to maintaining essary now more than ever. nancial strain. our global competitiveness. This responsible bill increases the loan lim- This isn’t a Democratic or Repub- And, again, let me thank both the its on federal college loans by $2,000 for un- lican issue, this is an American issue, chairman and ranking member. dergraduate students, and also increases the and I’m grateful we were able to work Mr. MCKEON. Madam Chairman, I total loan limits available to students over the together to take this first step to pro- yield myself the balance of my time. course of their education. tect our Nation’s students. The Acting CHAIRMAN. The gen- H.R. 5715 also gives parents more time to The fallout of the subprime market tleman from California is recognized begin paying off their federal PLUS loans; and and subsequent weakening of the credit for 91⁄2 minutes. helps struggling home owners by making sure market has destabilized what many Mr. MCKEON. Our economy is strug- that short term delinquencies in mortgage pay- consider to be sound investments, most gling, families are dealing with a high- ments don’t prohibit eligible parents from tak- notably, student loans. Investors are er cost of living, rising fuel costs, a ing federal loans; 225 thousand students in not hungry to invest, funds have dried struggling mortgage market, and the the state of California alone use need-based up, and lenders have been unable to se- threat of higher taxes. The cost of a student loans. cure the capital they need to make new college education continues to rise, It is critical that Congress takes every step loans. All this in the aftermath of re- only now students and families are necessary to ensure the credit crunch does ductions in lender subsidies to the Fed- wondering whether they’ll be able to not prevent even one of them from receiving eral Family Education Loan Program get the loans they need to pay their the education they deserve. that were made in the past 3 years and tuition bills. I urge my colleagues to help keep America have created the perfect storm in the Like most challenges to our econ- the land of opportunity, and to cast a vote in student loan market. We should re-ex- omy, there’s no easy answer to the dif- favor of H.R. 5715. amine the effect of these cuts and af- ficulties in our student loan programs. Mr. TIAHRT. Madam Chairman, I rise today fect swiftly if we have an over-cut in We will need a combination of actions, to offer my support for H.R. 5715, the Ensur- any area. What’s more, lenders have maybe some legislatively, others ing Continued Access to Student Loans Act.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6286 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 As many of my colleagues are, no doubt, have also personally taken part in getting the rect Lending. Yet Secretary Spellings recently aware, the rupture of the housing bubble in word out to my constituents as well. testified that Direct Lending can only accom- this nation has had a ripple effect across our Thankfully, Connecticut students also have modate about one-third of the FFELP loan vol- economy. The student loan industry has not backup from the state’s own loan agency, the ume. If that is true, what will happen to the 4.5 been immune to these economic difficulties. In Connecticut Higher Education Supplemental million students who may find themselves un- fact, in recent months, 57 providers of student Loan Authority, with $31 million to lend. able to get a Federal student loan? loans have announced that they will no longer Right now, we don’t know how deep the ef- And still others have said that no students offer loans to students. This legislation is a fects will be, but it is prudent that students and have been denied college loans yet so there good effort on the part of Congress to address their parents are given some relief now. This is no need to act. this situation. bill will steer borrowers away from costlier pri- I think most of my colleagues agree that the We should delude ourselves by believing vate loans and give parents more time to pay best time to prepare for a hurricane is before that this legislation is a panacea, bringing a off PLUS loans. And it is crucial that Secretary the storm hits. complete solution to the circumstances we find Spellings has the authority now to advance That is why the stated purpose of H.R. 5715 ourselves in today. By and large, the lending federal funds if necessary. is to ensure continued, uninterrupted access market will need to take actions of its own to The federal government rushed in to bail out to Federal student loans. One of its provisions right the tottering ship. These efforts are Bear Stearns. It is only right that we make would authorize the Secretary of Education, in things that Congress is not, and should not sure that the federal government is ready to consultation with the Treasury, to purchase be, in the business of mandating. But this leg- assist millions of students and families if the student loans if there is not enough loan cap- islation does take steps to protect students need arises. ital to meet the needs of students and their Mr. CARNEY. Madam Chairman, I rise and their families by providing assurances that families. today in support of H.R. 5715, the ‘‘Ensuring While I am pleased that the manager’s the opportunities to finance a college edu- Continued Access to Student Loans Act of amendment includes a provision that will pro- cation are not jeopardized while the lending 2008.’’ vide borrowers with a continuity of loan market is in flux. This legislation will go a long way in helping servicers, and thereby keep default rates Presently, experts in the field are unsure to ensure the continued availability of Federal down, I am concerned that the provision au- that the situation is, in fact, a ‘‘crisis,’’ pointing student loans. But it is only a first step and thorizing the Secretary to purchase loans does to a number of additional factors that may more needs to be done so that any student not provide enough information or certainty to have contributed to the narrowing of the mar- anywhere in America can attend the college of the marketplace to help increase access to ket. We will not know for several more his or her choice. college. Without this information, lenders may months, when requests for student loans Today, 80 percent of all Federal student be financially unable to make new loans to reach their peak, just how serious a problem loans are made through the Federal Family new students this fall. we are facing. That is exactly the reason this Education Loan Program—commonly known During the consideration of this legislation legislation is the correct approach. It takes as FFELP. According to the U.S. Department by the Rules Committee, I offered an amend- preventive steps to ensure that funding is of Education, 6.8 million college students and ment that, had it been approved, would have available to students and their parents, if a cri- their families will borrow nearly $60 billion defined the terms under which the Secretary sis does arise. It does not create new man- from State, non-profit and private lenders who of Education could exercise her temporary au- dates, but instead gives the Secretary of Edu- participate in the Federal student loan pro- thority to both purchase student loans and cation the authority to address potential prob- gram. maintain a continuity of servicing in order to lems. Ninety-five percent of all student loans minimize any disruption for students and Ensuring access to affordable student loans made in the Commonwealth of Pennsylvania schools. is of great importance to this nation, to our and nearly all student loans made at schools As this bill makes it way through the legisla- economy, and to our millions of students in in my district are made through the FFEL pro- tive process I hope that we will incorporate college. I appreciate the efforts of Mr. MCKEON gram. Unfortunately, earlier this year, the this language to define the terms under which and Mr. MILLER to bring this legislation to the Pennsylvania Higher Education Assistance the Secretary can exercise her temporary au- floor in such a timely manner, and hope that Agency—which was the second largest pro- thority to purchase student loans more clearly this bill will be enough to stave off larger prob- vider of Federal student loans in Pennsylvania than what is before us today. lems down the road. last year—was forced to stop making Federal Madam Chairman, I am supporting this im- Mr. COURTNEY. Madam Chairman, I want student loans. PHEAA’s exit, along with oth- portant legislation today, but our work is not to commend Chairman MILLER for getting out ers, from Pennsylvania’s student loan market, done. While we may not be in a student loan ahead of the student lending issue before it means that nearly one-third of all borrowers in crisis today and we certainly do not want to be becomes a full-fledged crisis. In March, the the Commonwealth must find new lenders for alarmist, the responsible thing for Congress to Education and Labor Committee heard testi- the upcoming academic year. do is to give the Administration all of the tools mony from the Secretary of Education, Mar- In responding to the student loan credit necessary to head off a student loan crisis. If garet Spellings, and we urged her to take crunch, the Administration has said that there I am wrong about the direction of the student steps then to ensure student lending contin- are 2,000 lenders. That was true, but over the loan market, and we incorporate my amend- gency plans were in place in the event of fur- past few weeks, 52 lenders, including 23 of ment, we will have a very strong back-up plan ther troubles. Frankly, I was disappointed to the top 100 lenders have simply stopped mak- for a rainy day. If I am right and we do noth- learn that she and her team were only ‘‘moni- ing Federal student loans. This represents ing, millions of students could be unable to go toring the situation.’’ over 13 percent of all FFELP loans made last to college. It is imperative that students have uninter- year. Mr. GENE GREEN of Texas. Madam Chair- rupted access to student loans in the event Nineteen lenders have stopped making pri- man, I rise today in support of H.R. 5715, The that the mortgage crisis and credit crunch fur- vate education loans. Ensuring Continued Access to Student Loans ther ripple through the economy. Just yester- In just the days since the Education and Act of 2008. day, Citibank’s student lending division an- Labor Committee approved this bill and sent it I would also like to thank Chairman MILLER nounced it was going to stop lending at many to the floor, five major participants in the FFEL of the Education and Labor Committee and higher education institutions, though they program have either stopped making Federal Chairman HINOJOSA of the Subcommittee on wouldn’t name which ones. This is troubling student loans altogether or have announced Higher Education, Lifelong Learning and Com- news since Citibank is the second largest plans to dramatically scale back their ability to petitiveness for their work on this important originator of federal student loans. offer Federal student loans. piece of legislation. I met with the Connecticut Commissioner of In responding to the student loan credit Getting a college education has never been Higher Education and the Director of Financial crunch, some have said, we can make the more important, and this bill will help ensure Aid at the University of Connecticut last month State guaranty agencies ‘‘Lenders of Last Re- that students will still have access to the Fed- and let me tell you—they are taking this issue sort,’’ but this system has never been imple- eral loans they need to pay for college in the seriously. Financial Aid offices across the mented, let alone tested. coming months. state are communicating to students and fami- Others have said that if lenders stop making In recent months, uncertainty in the U.S. lies to finalize their education financing now. I loans, students and schools can switch to Di- credit markets has made it difficult for some

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6287 lenders in the federally guaranteed student adverse credit history are ineligible to receive ticipation in ensuring continued student loan loan program to secure the capital needed to a parent PLUS loan, except under extenuating access. finance college loans. Because of this, some circumstances. In light of the current housing As a former member of the Education and lenders have scaled back their lending activity. market, the bill temporarily qualifies up to 180- Labor Committee, a representative of 12 insti- While no student or college has reported day delinquency on home mortgages as an tutions of higher education located in the Third any problems accessing Federal student aid to extenuating circumstance, therefore making it Congressional District of Wisconsin, and a fa- date, it is important that the Federal Govern- more possible for parents struggling with the ther of 2 school-aged boys, I recognize the im- ment take steps to ensure that students will current housing market to secure loans for portance of increased access to post-sec- continue to have access to funds regardless of their children. ondary education and ensuring that everyone what happens in the U.S. credit markets. Lender of Last Resort flexibility: The bill who wishes to attend college can afford to do A viable Federal Family Education Loan makes clear in statute that the Secretary of so. The ensuring Continued Access to Student Program is extremely important in my home Education has the mandatory authority to ad- Loans Act is a step in the right direction, and state of Texas. The FFELP participants pro- vance Federal funds to Guaranty Agencies in I encourage my colleagues to join me in sup- vide nearly two-thirds of the student financial the case that they do not have sufficient cap- porting this important piece of legislation. aid awarded annually to Texas postsecondary ital. Further, the bill allows a Guaranty Agency Ms. WOOLSEY. Madam Chairman, I rise education students and parents contrasted to to designate a school (rather than an indi- today in support of H.R. 5715, the Ensuring only 56 percent nationally. vidual student) as a ‘‘lender of last resort Continued Access to Student Loans Act of Our students can now breathe a sigh of re- school,’’ in accordance with guidelines set by 2008. Everyone deserves access to the best lief knowing that there will be liquidity and con- the Secretary. possible opportunities, which include a college tinued, uninterrupted access to Federal loans Authority for the Secretary of Education to education. No student should be denied a col- thanks to this bill. purchase FFEL loan assets: The bill gives the lege education because he or she can’t afford Ms. JACKSON-LEE of Texas. Madam Secretary the temporary authority, upon a de- it. That’s why we must continue to find ways Chairman, I rise today in support of H.R. termination that there is inadequate availability to increase student access to financial aid to 5715, ‘‘Ensuring Continued Access to Student to meet demand for loans, to purchase loans ensure that students and their families have Loans Act of 2008’’, introduced by Represent- from FFEL lenders. Such purchases could every possible opportunity to acquire a college ative GEORGE MILLER of California. I want to only be made in the case they are revenue- education. thank the Committee on Education and Labor neutral or beneficial to the Federal Govern- We can’t let the current credit crisis limit any for its efforts in this important area. ment. student’s opportunities to receive a college Every generation sets out to improve upon Federal Institutions’ participation: The bill in- education. This bill would give the Secretary of the previous generation. We teach how chil- cludes a Sense of the Congress that the Fed- Education the tools to help schools in need dren that if they focus, are responsible, and eral Financial Institutions and entities (includ- find a lender and give students access to the work hard they can be anything. Yet we have ing the Federal Financing Bank, the Federal money they need to attend school. To keep provided a false truth for the majority of our Home Loan Banks, and the Federal Reserve) America competitive in the global market, we children. Rising tuitions in higher education should consider using, in consultation with the must continue to ensure that every student re- even at our community colleges are keeping a Secretaries of Education and the Treasury, ceives access to the best possible college lot of our youth from attending college. For available authorities, if needed, to assist in en- education. those that are able to attend, they are bur- suring continued student loan access. This bill serves as a preventative measure dened by extensive loans just to buy books, I urge my colleagues to vote for H.R. 5715, and goes a long way towards averting any attend class, and maintain housing. Ensuring Continued Access to Student Loans possible crisis in July or August when our Na- Families are sending their children to Act. Let’s support education by allowing for tion’s students and their families are looking school, trying to qualify for parent loans and greater flexibility, eligibility, and participation for ways to pay for the next school year. I wondering how they are going to make the for students and their families. urge my colleagues to support H.R. 5715. payments when they are struggling to pay Mr. KIND. Madam Chairman, I rise today in Mr. CONYERS. Madam Chairman, today I their mortgage and facing their own issues support of the Ensuring Continued Access to rise to support H.R. 5715, the Ensuring Con- with possible unemployment. Student Loans Act of 2008, a bill to continue tinued Access to Federal Student Loans Act of In my home State of Texas, families are the promise Congress made in 1965 to pro- 2008. As current turmoil in the U.S. financial struggling to assist children with their edu- vide all Americans, regardless of culture or so- markets make obtaining and affording student cation while they face an unemployment rate cioeconomic status, greater opportunities to loans more and more difficult, today we take of 4.3 percent across the State. As of the end further their education. This bill recognizes the an affirmative step to relieve that pressure on of last year, Texas was ranked as having the shared benefits to both individual Americans students and families by providing greater ac- 20th highest unemployment rate (out of the 50 and to the country as a whole of ensuring fu- cess to Federal loans. This legislation: Re- States). And we are not alone as States grap- ture generations have the tools necessary to duces borrowers’ reliance on costlier private ple with unemployment and a falling housing be successful in a vastly competitive 21st cen- college loans and encourage responsible bor- market. tury workforce. rowing; gives parent borrowers more time to H.R. 5715, Ensuring Continued Access to The opportunity for children to attend institu- begin paying off their Federal PLUS college Student Loans Act, provides much needed tions of higher education is essential in pre- loans; helps struggling homeowners pay for support to our families in a time when they paring our future leaders. While the number of college; provides the U.S. Secretary of Edu- most need it by specifically addressing the students with the academic knowledge, talent, cation additional tools to safeguard access to needs of parents, students, and even lenders. and desire to attend and succeed in college student loans; and encourages Federal finan- The Student loans Act would: has substantially increased over time, the nec- cial institutions to exercise their existing au- Increase unsubsidized loan limits for stu- essary financial assistance has regrettably not thorities to ensure borrowers have access to dents: This bill will increase unsubsidized loan kept pace. We must reverse this trend and up- Federal loan funds in the upcoming academic limits by $2,000 for each year of under- hold the Federal Government’s commitment to year. graduate and graduate school. It also in- America’s schools and to all of our children. Here in Congress, we must ensure that ac- creases the aggregate loan limits to $31,000 The recent instability in financial markets cess to higher education is as unfettered as for dependent undergraduates and $57,500 for has hurt more than just homeowners, and possible. As our economy goes more and independent undergraduate students. many individuals and their families are finding more global we have to assure that our future Delayed repayment of parent PLUS loans: it difficult to secure student loans to attend col- generation will be able to effectively compete Currently PLUS loan borrowers—parents—go lege. The ensuring Continued Access to Stu- on the world stage. into repayment 60 days after disbursement of dent Loans Act assists future and current stu- I strongly support this bi-partisan legislation the loan. This bill would give families an option dents by increasing unsubsidized loan limits that makes access to college more affordable of not entering repayment for up to 6 months for undergraduate and graduate students, giv- thereby giving greater opportunities to many after a student leaves school. ing parent borrowers more time before they more to pursue the American dream. The En- PLUS loan eligibility for struggling home- begin paying off their Federal Plus loans and suring Continued Access to Federal Students owners: Under current law, parents with an encouraging Federal financial institutions’ par- Loans Act will achieve its goal at no additional

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 9920 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6288 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 cost to the government and with so much ‘‘(3) LIMITS FOR UNDERGRADUATE DEPEND- ‘‘(A) commence not later than— money being spent on building infrastructure ENT STUDENTS.— ‘‘(i) 60 days after the date such loan is dis- in Iraq by the Executive branch it is encour- ‘‘(A) ANNUAL LIMITS.—The maximum an- bursed by the lender, except as provided in nual amount of loans under this section an clause (ii); and aging to see the Congress show fiscal re- undergraduate dependent student (except an ‘‘(ii) if agreed upon by a parent borrower, straint and responsibility. undergraduate dependent student whose par- the day after 6 months after the date the stu- I would like to commend Chairman MILLER ents are unable to borrow under section 428B dent for whom the loan is borrowed ceases to and Ranking Member MCKEON for their work or the Federal Direct PLUS Loan Program) carry at least one-half the normal full-time and leadership in bringing this bill to the floor may borrow in any academic year (as defined academic workload (as determined by the in- so families can receive relief before this com- in section 481(a)(2)) or its equivalent shall be stitution); and ing August. the sum of the amount determined under ‘‘(B) be subject to deferral during any pe- Mr. GEORGE MILLER of California. paragraph (1), plus $2,000. riod during which the graduate or profes- Madam Chairman, I yield back the bal- ‘‘(B) AGGREGATE LIMITS.—The maximum sional student or the parent meets the condi- aggregate amount of loans under this section tions required for a deferral under section ance of my time. a student described in subparagraph (A) may The Acting CHAIRMAN. All time for 427(a)(2)(C) or 428(b)(1)(M). borrow shall be $31,000. ‘‘(2) CAPITALIZATION OF INTEREST.— general debate has expired. ‘‘(4) LIMITS FOR UNDERGRADUATE INDE- ‘‘(A) IN GENERAL.—Interest on loans made Pursuant to the rule, the amendment PENDENT STUDENTS.— under this section— printed in part A of House Report 110– ‘‘(A) ANNUAL LIMITS.—The maximum an- ‘‘(i) which accrues prior to the beginning of 590 is adopted and the bill, as amended, nual amount of loans under this section an repayment under paragraph (1)(A)(i), shall be shall be considered as an original bill undergraduate independent student, or an added to the principal amount of the loan; for the purpose of further amendment undergraduate dependent student whose par- and ents are unable to borrow under section 428B under the 5-minute rule and shall be ‘‘(ii) which accrues prior to the beginning or the Federal Direct PLUS Loan Program, of repayment under paragraph (1)(A)(ii) or considered read. may borrow in any academic year (as defined The text of the bill, as amended, is as during a period in which payments of prin- in section 481(a)(2)) or its equivalent shall be cipal are deferred pursuant to paragraph follows: the sum of the amount determined under (1)(B) shall, if agreed upon by the borrower H.R. 5715 paragraph (1), plus— and the lender— Be it enacted by the Senate and House of Rep- ‘‘(i) in the case of such a student attending ‘‘(I) be paid monthly or quarterly; or resentatives of the United States of America in an eligible institution who has not com- ‘‘(II) be added to the principal amount of Congress assembled, pleted such student’s first 2 years of under- the loan not more frequently than quarterly SECTION 1. SHORT TITLE. graduate study— by the lender. ‘‘(I) $6,000, if such student is enrolled in a This title may be cited as the ‘‘Ensuring ‘‘(B) INSURABLE LIMITS.—Capitalization of Continued Access to Student Loans Act of program whose length is at least one aca- interest under this paragraph shall not be 2008’’. demic year in length; or deemed to exceed the annual insurable limit ‘‘(II) if such student is enrolled in a pro- SEC. 2. INCREASING UNSUBSIDIZED STAFFORD on account of the borrower.’’. LOAN LIMITS FOR UNDERGRADUATE gram of undergraduate education which is (b) CONFORMING AMENDMENT.—Section AND GRADUATE STUDENTS. less than one academic year, the maximum 428(b)(7)(C) (20 U.S.C. 1078(b)(7)(C)) is amend- (a) AMENDMENTS.—Subsection (d) of section annual loan amount that such student may ed by striking ‘‘, 428B,’’. 428H of the Higher Education Act of 1965 (20 receive may not exceed the amount that (c) EFFECTIVE DATE.—The amendments U.S.C. 1078–8(d)) is amended to read as fol- bears the same ratio to the amount specified made by this section shall be effective for lows: in clause (i) as the length of such program loans issued on or after July 1, 2008. measured in semester, trimester, quarter, or ‘‘(d) LOAN LIMITS.— SEC. 4. SPECIAL RULES FOR PLUS LOANS. ‘‘(1) IN GENERAL.—Except as provided in clock hours bears to one academic year; Section 428B(a)(3) is amended to read as ‘‘(ii) in the case of such a student at an eli- paragraphs (2), (3), and (4), the annual and follows: gible institution who has successfully com- aggregate limits for loans under this section ‘‘(3) SPECIAL RULES.— pleted such first and second years but has shall be the same as those established under ‘‘(A) PARENT BORROWERS.—Whenever nec- not successfully completed the remainder of section 428(b)(1), less any amount received by essary to carry out the provisions of this sec- a program of undergraduate education— such student pursuant to the subsidized loan tion, the terms ‘student’ and ‘borrower’ as ‘‘(I) $7,000; or program established under section 428. used in this part shall include a parent bor- ‘‘(II) if such student is enrolled in a pro- ‘‘(2) LIMITS FOR GRADUATE AND PROFES- rower under this section. gram of undergraduate education, the re- SIONAL STUDENTS.— ‘‘(B) EXTENUATING CIRCUMSTANCES.—For mainder of which is less than one academic ‘‘(A) ANNUAL LIMITS.—The maximum an- loans made on or after July 1, 2008, and be- nual amount of loans under this section a year, the maximum annual loan amount that such student may receive may not exceed fore July 1, 2009, a lender may determine graduate or professional student may borrow that a borrower meets the extenuating cir- in any academic year (as defined in section the amount that bears the same ratio to the amount specified in subclause (I) as such re- cumstances requirement described in regula- 481(a)(2)) or its equivalent shall be the mainder measured in semester, trimester, tions promulgated by the Secretary to carry amount determined under paragraph (1), quarter, or clock hours bears to one aca- out this section or section 455 if the borrower plus— demic year; and is 180 or fewer days delinquent on their home ‘‘(i) in the case of such a student who is a ‘‘(iii) in the case of such a student enrolled mortgage payments.’’. graduate or professional student attending in coursework specified in sections SEC. 5. LENDER-OF-LAST-RESORT. an eligible institution, $14,000; and 484(b)(3)(B) and 484(b)(4)(B), $6,000 for (a) IN GENERAL.—Section 428(j) of the High- ‘‘(ii) in the case of a graduate student en- coursework necessary for enrollment in an er Education Act of 1965 (20 U.S.C. 1078(j)) is rolled in coursework specified in sections undergraduate degree or certificate program. amended— 484(b)(3)(B) and 484(b)(4)(B), $7,000; ‘‘(B) AGGREGATE LIMITS.—The maximum (1) in the first sentence of paragraph (1), by except in cases where the Secretary deter- aggregate amount of loans under this section striking ‘‘students eligible to receive inter- mines, that a higher amount is warranted in a student described in subparagraph (A) may est benefits paid on their behalf under sub- order to carry out the purpose of this part borrow shall be $57,500. section (a) of this section who are otherwise with respect to students engaged in special- ‘‘(5) CAPITALIZED INTEREST.—Interest cap- unable to obtain loans under this part’’ and ized training requiring exceptionally high italized shall not be deemed to exceed a max- inserting ‘‘students and parents who are oth- costs of education, but the annual insurable imum aggregate amount determined under erwise unable to obtain loans under this part limit per student shall not be deemed to be subparagraph (B) of paragraph (2), (3), or (except for consolidation loans under section exceeded by a line of credit under which ac- (4).’’. 428C) or who attend an institution of higher tual payments by the lender to the borrower (b) EFFECTIVE DATE.—The amendments education in the State that is designated will not be made in any years in excess of made by this section shall be effective for under paragraph (4)’’; the annual limit. loans issued on or after July 1, 2008. (2) in paragraph (2)(B), by inserting ‘‘, in ‘‘(B) AGGREGATE LIMIT.—The maximum ag- SEC. 3. GRACE PERIOD FOR PARENT PLUS the case of students and parents applying for gregate amount of loans under this section a LOANS. loans under this subsection because of an in- student described in subparagraph (A) may (a) AMENDMENT.—Section 428B(d) (20 U.S.C. ability to otherwise obtain loans under this borrow shall be the amount described in 1078–2(d)) is amended by amending para- part (except for consolidation loans under paragraph (1), adjusted to reflect the in- graphs (1) and (2) to read as follows: section 428C),’’ after ‘‘lender, nor’’; creased annual limits described in subpara- ‘‘(1) COMMENCEMENT OF REPAYMENT.—Re- (3) in paragraph (3)(C)— graph (A), as prescribed by the Secretary by payment of principal on loans made under (A) in the first sentence, by inserting ‘‘or regulation. this section shall— designates an institution of higher education

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6289 for participation in the program under this fice of Management and Budget jointly de- ponent and an opponent of the amend- subsection under paragraph (4),’’ after termine are in the best interest of the United ment, shall not be subject to amend- ‘‘under this part’’; and States, except that any purchase under this ment, and shall not be subject to a de- (B) in the third sentence, by inserting ‘‘or section shall not result in any net cost to the mand for division of the question. to eligible borrowers who attend an institu- Federal Government, as determined jointly tion in the State that is designated under by the Secretary, the Secretary of the Treas- PART B AMENDMENT NO. 1 OFFERED BY MR. paragraph (4)’’ after ‘‘problems’’; and ury, and the Director of the Office of Man- GEORGE MILLER OF CALIFORNIA (4) by adding at the end the following: agement and Budget. The Acting CHAIRMAN. It is now in ‘‘(4) INSTITUTION-WIDE STUDENT QUALIFICA- ‘‘(2) REGULATIONS REQUIRED.—The Sec- order to consider amendment No. 1 TION.—Upon the request of an institution of retary, the Secretary of the Treasury, and printed in part B of House Report 110– higher education and pursuant to standards the Director of the Office of Management 590. developed by the Secretary, the guaranty and Budget shall jointly promulgate emer- Mr. GEORGE MILLER of California. agency designated for a State shall designate gency regulations and publish such emer- Madam Chairman, I offer an amend- such institution for participation in the gency regulations promptly in the Federal lender-of-last-resort program under this Register concerning the purchases author- ment. paragraph. If the guaranty agency designates ized by paragraph (1). The Acting CHAIRMAN. The Clerk an institution under this paragraph, such ‘‘(3) METHODOLOGY AND FACTORS; JUSTIFICA- will designate the amendment. agency shall make loans, in the same man- TION REQUIRED.—Such regulations shall out- The text of the amendment is as fol- ner as such loans are made under paragraph line the methodology and factors that the lows: (1), to students and parent borrowers of the Secretary, the Secretary of the Treasury, Part B amendment No. 1 offered by Mr. designated institution, regardless of whether and the Director of the Office of Manage- GEORGE MILLER of California: the students or parent borrowers are other- ment and Budget shall consider in evalu- In section 2 of the bill— wise unable to obtain loans under this part ating the price at which to purchase loans (1) redesignate subsection (b) as subsection (other than a consolidation loan under sec- under sections 428, 428B, or 428H, and shall (c); and tion 428C).’’. include a justification of how the use of such (2) after subsection (a) insert the following (b) EFFECTIVE DATE.—The amendments methodology and consideration of such fac- new subsection: made by subsection (a) shall take effect on tors used to determine purchase price will (b) STUDENT ELIGIBILITY.—Loan limit in- the date of enactment of this Act. ensure that loan purchases do not result in creases authorized by the amendments made SEC. 6. MANDATORY ADVANCES. any net cost to the Federal Government. by this section shall be available only to stu- (a) IN GENERAL.—Section 421(b) of the ‘‘(b) PROCEEDS.—The Secretary shall re- dents who meet the requirements of section Higher Education Act of 1965 (20 U.S.C. quire, as a condition of any purchase under 484(a) of the Higher Education Act of 1965 (20 1071(b)) is amended— subsection (a), that the funds paid by the U.S.C. 1091(a)). (1) in paragraph (4), by striking ‘‘programs, Secretary to any eligible lender under this In section 428H(d) of the Higher Education and’’ and inserting ‘‘programs,’’; section shall be used in a manner consistent Act of 1965, as amended by section 2(a) of the (2) in paragraph (5), by striking ‘‘agen- with ensuring continued participation of bill— cies.’’ and inserting ‘‘agencies, and’’; and such lender in the Federal student loan pro- (1) in clause (i) of paragraph (2)(A), strike (3) by adding at the end the following: grams authorized under part B of this title. ‘‘$14,000’’ and insert ‘‘$12,000’’; and ‘‘(c) EXPIRATION OF AUTHORITY.—The Sec- ‘‘(6) there is authorized to be appropriated, (2) in subclause (II) of paragraph (4)(A)(i), retary’s authority to purchase loans under and there are appropriated, out of any strike ‘‘clause (i)’’ and insert ‘‘subclause (I)’’. money in the Treasury not otherwise appro- this section shall expire on July 1, 2009.’’. In section 3 of the bill— (c) CONTRACTING AUTHORITY.—Section priated, such sums as may be necessary for (1) in subsection (a), insert ‘‘of the Higher 456(b) of the Higher Education Act of 1965 (20 the purpose of carrying out section Education Act of 1965’’ after ‘‘428B(d)’’; and U.S.C. 1087f(b)) is amended by inserting ‘‘or 422(c)(7).’’. purchased’’ after ‘‘loans made’’ each place it (2) in subsection (b), insert ‘‘of such Act’’ (b) EFFECTIVE DATE.—The amendments appears in paragraphs (2) and (3). after ‘‘428(b)(7)(C)’’. made by subsection (a) shall take effect on In section 4 of the bill, insert ‘‘of the High- the date of enactment of this Act. SEC. 8. SENSE OF CONGRESS. er Education Act of 1965 (20 U.S.C. 1078- It is a sense of Congress that, at a time SEC. 7. TEMPORARY AUTHORITY TO PURCHASE 2(a)(3))’’ after ‘‘428B(a)(3)’’. when our economy is fragile and higher edu- STUDENT LOANS. In section 428B(a)(3) of the Higher Edu- cation and retraining opportunities are more (a) SPENDING AUTHORITY.— cation Act of 1965, as amended by section 4 of important than ever— (1) AUTHORITY GRANTED.—The first sen- the bill, strike subparagraph (B) and insert (1) the Federal financial institutions, such tence of section 451(a) of the Higher Edu- the following: as the Federal Financing Bank and Federal cation Act of 1965 (20 U.S.C. 1087a(a)) is ‘‘(B)(i) EXTENUATING CIRCUMSTANCES.—For amended— Reserve, and federally chartered private en- loans made on or after July 1, 2008, and be- (A) by inserting ‘‘(1)’’ after ‘‘as may be nec- tities such as the Federal Home Loan Banks fore July 1, 2009, a lender may determine essary’’; and and others, should consider, in consultation that extenuating circumstances exist under (B) by inserting before the period at the with the Secretary of Treasury and the Sec- the regulations promulgated pursuant to end of such sentence the following: ‘‘; and (2) retary of Education, using available authori- paragraph (1)(A) if an applicant for a loan for purchasing loans under section 459A’’. ties in a timely manner, if needed, to assist under this section is delinquent for 180 days in ensuring that students and families can (2) CONFORMING AMENDMENT.—Section or less on their home mortgage payments 451(a) of such Act (20 U.S.C. 1087a(a)) is fur- access Federal student loans for academic and is not more than 89 days delinquent on ther amended by striking ‘‘Such loans shall’’ year 2008–2009, and if needed in the subse- the repayment of any other debt. quent academic year, in a manner that re- and inserting ‘‘Loans made under this part ‘‘(ii) MASTER CALENDAR INAPPLICABLE.— shall’’. sults in no increased costs to taxpayers; and Section 482 shall not apply to determinations (2) any action taken as a result of such (b) TEMPORARY AUTHORITY.—Part D of title made under clause (i).’’. IV of the Higher Education Act of 1965 (20 consideration should in no way limit or In section 5(a) of the bill— U.S.C. 1087a et seq.) is amended by inserting delay the Secretary of Education’s authority (1) in paragraph (1), strike ‘‘students and after section 459 the following new section: to operate the lender-of-last-resort provi- parents’’ and insert ‘‘eligible students and sions of section 428(j) of the Higher Edu- ‘‘SEC. 459A. TEMPORARY AUTHORITY TO PUR- parents’’; CHASE STUDENT LOANS. cation Act of 1965 (as amended by this Act), (2) in paragraph (3)(A), strike the comma nor the authority to purchase Federal Fam- ‘‘(a) AUTHORITY TO PURCHASE.— after ‘‘paragraph (4)’’; and ily Education Loan Program loans, as au- ‘‘(1) AUTHORITY; DETERMINATION RE- (3) in paragraph (4), strike paragraph (4) of thorized by section 459A of such Act (as QUIRED.—Upon a determination by the Sec- section 428(j) of the Higher Education Act of retary that there is an inadequate avail- added by this Act). 1965 added by such paragraph of the bill and ability of loan capital to meet the demand The Acting CHAIRMAN. No further insert the following: for loans under sections 428, 428B, or 428H, amendment to the bill, as amended, ‘‘(4) INSTITUTION-WIDE STUDENT QUALIFICA- whether as a result of inadequate liquidity shall be in order except those printed TION.—Upon the request of an institution of for such loans or for other reasons, the Sec- in part B of the report. Each further higher education and pursuant to standards retary, in consultation with the Secretary of amendment may be offered only in the developed by the Secretary, the Secretary the Treasury, is authorized to purchase from order printed in the report, by a Mem- shall designate such institution for partici- any eligible lender, as defined by section pation in the lender-of-last-resort program 435(d)(1), loans originated under sections 428, ber designated in the report, shall be under this paragraph. If the Secretary des- 428B, or 428H on or after October 1, 2003, on considered read, shall be debatable for ignates an institution under this paragraph, such terms as the Secretary, the Secretary the time specified in the report, equal- the guaranty agency designated for the of the Treasury, and the Director of the Of- ly divided and controlled by the pro- State in which the institution is located

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6290 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 shall make loans, in the same manner as changes to ensure continued access to without driving up spending. H.R. 5715 such loans are made under paragraph (1), to Federal student loans. does exactly that. students and parent borrowers of the des- Specifically, the amendment makes With regard to the Lender of Last ignated institution, regardless of whether the following changes: It targets loan Resort program, the amendment clari- the students or parent borrowers are other- wise unable to obtain loans under this part limit increases to undergraduate stu- fies some of the steps that must be (other than a consolidation loan under sec- dents and families. It clarifies that taken in order to designate school-wide tion 428C). only eligible students as defined under participation in this program. These ‘‘(5) STANDARDS DEVELOPED BY THE SEC- section 435(a) may qualify for these reforms will be enhanced even further RETARY.—In developing standards with re- loans as with all other Federal student by the amendment that will be offered spect to paragraph (4), the Secretary may re- aid. It clarifies that at the discretion of shortly by Representative PETRI. quire— the Secretary, a loan may continue to I appreciate Chairman MILLER’s will- ‘‘(A) an institution of higher education to be serviced by the current lender. And ingness to include language proposed demonstrate that, despite due diligence on the part of the institution, the institution in regard to school-wide Lender of Last by Representative PLATTS that adds has been unable to secure the commitment Resort eligibility, it specifies that the greater clarity and flexibility within of lenders willing to make loans to a signifi- Secretary of Education shall determine the Secretary’s ability to purchase cant number of students attending the insti- whether a school qualifies and provides loans. Although it was always our in- tution; criteria for the Secretary to consider tent that this new, temporary author- ‘‘(B) that, prior to making a request under in making the determination. It speci- ity would include the concept of a ‘‘for- such paragraph for designation for participa- fies that funds received by lenders from ward purchase agreement,’’ this tion in the lender-of-last-resort program, an loan sales will be used to originate new amendment makes it explicit that the institution of higher education shall dem- onstrate that the institution has met a min- loans. And it clarifies that, at the dis- Secretary can enter into agreements to imum threshold, as determined by the Sec- cretion of the Secretary, a loan pur- purchase loans in the future. The retary, for the number or percentage of stu- chased by the Secretary may continue amendment also clarifies that lenders dents at such institution who have received to be serviced by the current lender. must reinvest the proceeds from the rejections from eligible lenders for loans Now more than ever, families deserve sale of loans to the Secretary back into under this part; and every assurance that we are doing all making new loans to students. ‘‘(C) any other standards and guidelines that we can to make sure that they Once again, I want to thank Chair- the Secretary determines to be appro- will continue to be able to access the man MILLER for his work on this priate.’’. In section 459A of the Higher Education low-cost loans they need to pay for col- amendment and on the bill as a whole. Act of 1965, as added by section 7 of the bill— lege, regardless of what happens in the Madam Chairman, I yield back the (1) in subsection (a)(1), insert ‘‘, or enter credit markets. I am confident that our balance of my time. into forward commitments to purchase,’’ efforts, coupled with the proper plan- Mr. GEORGE MILLER of California. after ‘‘is authorized to purchase’’; ning by the Federal Government, will Madam Chairman, I yield back the bal- (2) in subsection (b)— provide them with that guarantee. ance of my time. (A) strike ‘‘shall be used’’ and all that fol- I urge my colleagues to support this The Acting CHAIRMAN. The ques- lows through the period and insert the fol- amendment. lowing: ‘‘shall be used (1) to ensure contin- tion is on the amendment offered by ued participation of such lender in the Fed- Madam Chairman, I reserve the bal- the gentleman from California (Mr. eral student loan programs authorized under ance of my time. GEORGE MILLER). part B of this title, and (2) to originate new Mr. MCKEON. Madam Chairman, I The question was taken; and the Act- Federal loans to students, as authorized claim time in opposition, but I will not ing Chairman announced that the ayes under part B of this title.’’; be opposing the amendment. appeared to have it. (3) redesignate subsection (c) as subsection The Acting CHAIRMAN. Without ob- Mr. GEORGE MILLER of California. (d); and jection, the gentleman from California Madam Chairman, I demand a recorded (4) after subsection (b), insert the following is recognized for 5 minutes. vote. new subsection: There was no objection. ‘‘(c) MAINTAINING SERVICING ARRANGE- The Acting CHAIRMAN. Pursuant to MENTS.—The Secretary may, if agreed upon Mr. MCKEON. Madam Chairman, I clause 6 of rule XVIII, further pro- by an eligible lender selling loans under this yield myself such time as I may con- ceedings on the amendment offered by section, contract with such lender for the sume. the gentleman from California will be servicing of the loans purchased, provided I want to thank Chairman MILLER for postponed. that— his work on this amendment. Like the PART B AMENDMENT NO. 2, AS MODIFIED, ‘‘(1) the cost of such servicing arrangement underlying bill, this amendment was does not exceed the cost the Federal Govern- OFFERED BY MR. PETRI developed on a bipartisan basis to re- The Acting CHAIRMAN. It is now in ment would otherwise incur for the servicing spond to some of the very specific chal- of loans purchased, as determined under sub- order to consider amendment No. 2 section (a); and lenges facing our student loan pro- printed in part B of House Report 110– ‘‘(2) such servicing arrangement is in the gram. Although many of the challenges 590. best interest of the borrowers whose loans in this amendment are technical in na- Mr. PETRI. Madam Chairman, I offer are purchased. ture, they will help to perfect the bill an amendment. The Acting CHAIRMAN. Pursuant to and ensure it has the impact we intend. The Acting CHAIRMAN. The Clerk House Resolution 1107, the gentleman For instance, the purpose of this bill will designate the amendment. from California (Mr. GEORGE MILLER) has never been to force a shift from the The text of the amendment is as fol- and a Member opposed each will con- FFEL program to the Direct Loan pro- lows: gram. That’s why the amendment trol 5 minutes. Part B amendment No. 2 offered by Mr. The Chair recognizes the gentleman clarifies that if the Secretary of Edu- PETRI: from California. cation does purchase outstanding At the end of section 5 of the bill, add the Mr. GEORGE MILLER of California. loans, she can keep those loans with following new subsection: Madam Chairman, I rise in support of their existing servicing arrangements. (c) REVIEW OF INDUCEMENTS LIMITATIONS.— the manager’s amendment to H.R. 5715, This will ensure a seamless transition Within 90 days after the date of enactment of the Ensuring Continued Access to Stu- for students while having the intended this Act, the Secretary of Education shall re- dent Loans Act of 2008. The amendment effect of freeing up capital to make view, and as necessary revise, the Depart- was done on a bipartisan basis with the new loans. ment of Education’s regulations concerning input of the senior Republican member, The amendment also ensures the bill prohibited guaranty agency inducements to eligible lenders (34 CFR 682.401(a)) to ensure Mr. MCKEON. The manager’s amend- will have no cost to taxpayers. From that such agency’s do not engage in im- ment we are considering here today the outset Chairman MILLER and I proper inducements in the expansion of oper- makes various technical changes to the agreed that it was important to move a ations of the lender-of-last-resort program as legislation and additional substantive bill that made meaningful reforms authorized by the amendments made by this

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6291 section. The Secretary shall submit a report Currently, guaranty agencies are pro- goal of this legislation is to prevent on the review and revision required by this vided flexibility from the general lend- such a crisis within the loan program subsection to the Committee on Education er prohibitions regarding inducements before it occurs. But I appreciate the and Labor of the House of Representatives and the Committee on Health, Education, and exempted from others when they steps being taken to ensure that if the Labor, and Pensions of the Senate within 180 act as lenders of last resort. While this Lender of Last Resort program ever days after such date of enactment. flexibility may be necessary, the bill needs to be deployed on a larger scale, The Acting CHAIRMAN. Pursuant to before us would expand the role of we will have the infrastructure and House Resolution 1107, the gentleman guaranty agencies acting as lenders of processes in place to allow it. from Wisconsin (Mr. PETRI) and a Mem- last resort. And it’s prudent to take an- However, because the program was ber opposed each will control 5 min- other look at these regulations to be simply never intended to be used on a utes. sure that students and taxpayers con- school-wide basis, we should ensure The Chair recognizes the gentleman tinue to be protected. that in implementing this authority, from Wisconsin. I ask my colleagues to vote ‘‘yes’’ on we are not unintentionally subverting Mr. PETRI. Madam Chairman, I ask this amendment. current regulations. We also want to unanimous consent that the amend- Madam Chairman, I reserve the bal- ensure that a guaranty agency is not ment be modified by the text that I ance of my time. unnecessarily punished for stepping in have placed at the desk. Mr. GEORGE MILLER of California. as a lender if needed. That is why this The Acting CHAIRMAN. The Clerk Madam Chairman, I claim the time in amendment requests that the Sec- will report the modification. opposition to the amendment, although retary review the regulations with the The Clerk read as follows: I do not expect to oppose the amend- Lender of Last Resort program in Modification to part B amendment No. 2 ment. mind. This program should be imple- offered by Mr. PETRI: The Acting CHAIRMAN. The gen- mented in a manner that will be effec- At the end of section 5 of the bill, add the tleman from California is recognized tive, efficient, and in the best interest following new subsection: (c) REVIEW OF INDUCEMENTS LIMITATIONS.— for 5 minutes. of students. Within 90 days after the date of enactment of Mr. GEORGE MILLER of California. I want to thank Representative this Act, the Secretary of Education shall re- Madam Chairman, I commend Mr. PETRI for offering this amendment, view, and as necessary revise, the Depart- PETRI for this amendment. He address- which requires the Secretary to ensure ment of Education’s regulations concerning es an oversight in the legislation in that regulations are updated to reflect prohibited guaranty agency inducements to making sure that the Secretary has the the new responsibilities that would be eligible lenders (34 CFR 682.401(e)) to ensure ability to review and revise the regula- given to guaranty agencies operating that such agency’s do not engage in im- proper inducements in the expansion of oper- tions concerning prohibited guaranty as a lender of last resort for entire ations of the lender-of-last-resort program as agency inducements to ensure that schools rather than individual stu- authorized by the amendments made by this agencies do not engage in improper in- dents. ducements. We don’t think this is a section. The Secretary shall submit a report b 1130 on the review and revision required by this problem, but we had a problem in the subsection to the Committee on Education past in the rest of the program, and we This amendment is consistent with and Labor of the House of Representatives passed on a bipartisan basis, the Stu- our longstanding support for greater and the Committee on Health, Education, dent Loan Sunshine Act, and I think sunshine, transparency and consumer Labor, and Pensions of the Senate within 180 protections. days after such date of enactment. this amendment is an important part of keeping the integrity of that act and I support this amendment, and I urge The Acting CHAIRMAN (during the the continuity within the student loan its passage. reading). Without objection, the read- program so that all participants in Mr. PETRI. I yield back my time. ing of the modification is dispensed that program understand that we can- The Acting CHAIRMAN. The ques- with. tion is on the amendment offered by There was no objection. not condone even an appearance of im- proper relationships. When students the gentleman from Wisconsin (Mr. The Acting CHAIRMAN. Without ob- PETRI), as modified. jection, the amendment is modified. and families are borrowing money and making sacrifices for that money, we The amendment, as modified, was There was no objection. agreed to. The Acting CHAIRMAN. The gen- want to make sure that they get the tleman from Wisconsin is recognized best deal available and they get the PART B AMENDMENT NO. 3 OFFERED BY MR. CASTLE for 5 minutes. best facts available to them. Mr. PETRI. Thank you, Madam I thank the gentleman for offering The Acting CHAIRMAN. It is now in Chairman. the amendment. order to consider amendment No. 3 Under current law, Federal Family Madam Chairman, I yield back the printed in part B of House Report 110– Education Loan Program guaranty balance of my time. 590. agencies are obligated to serve as lend- Mr. PETRI. Madam Chairman, I yield Mr. CASTLE. Madam Chairman, I ers of last resort to borrowers who have such time as he may consume to the offer an amendment. been denied a Federal student loan by gentleman from California (Mr. The Acting CHAIRMAN. The Clerk two lenders. The legislation we are MCKEON). will designate the amendment. The text of the amendment is as fol- considering today puts in place meas- Mr. MCKEON. I thank the gentleman ures that will permit an entire higher for yielding. lows: education institution, rather than just Madam Chairman, I rise in support of Part B amendment No. 3 offered by Mr. individuals, to participate in the Lend- this commonsense amendment. CASTLE: At the end of the bill, add the following er of Last Resort program and also The Lender of Last Resort program new section: was never intended to serve as a bail- clarifies the Secretary of Education’s SEC. 9. GAO STUDY ON IMPACT OF INCREASED authority to advance mandatory funds out for our student loan system as a LOAN LIMITS. to guaranty agencies to serve as the whole. Rather, it was developed as a (a) STUDY REQUIRED.—The Comptroller lender of last resort. backstop for individual students on a General shall conduct a study to evaluate The amendment I am offering today case-by-case basis to be able to access the impact of the increase in Federal loan would simply require the Secretary of a student loan if they encountered limits provided for in section 2 of this Act Education to review and revise as nec- some rare circumstance in which they and section 8005 of the Deficit Reduction Act essary the regulations concerning pro- could not borrow through the standard of 2005 with respect to the impact on— (1) tuition, fees, and room and board at in- hibited guaranty agency inducements channels. stitutions of higher education; and to ensure that such agencies do not en- I, for one, hope that the broad-based (2) private loan borrowing by students and gage in improper inducements as lend- Lender of Last Resort authority in this parents for attendance at institutions of ers of last resort. bill will never be used. After all, the higher education.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6292 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 (b) STUDY COMPONENTS.—The study re- well as ensure that parents struggling inflation index. And it is a rising con- quired under subsection (a) shall be con- with mortgage payments are not auto- cern in families. As their budgets com- ducted for each major sector of institutions matically denied credit through PLUS pete with fuel, food and mortgage pay- of higher education over a 5-year time pe- loans. ments, this obviously becomes a very riod. The report shall specifically analyze the following: Also, this bill expands loan avail- serious matter. (1) Whether, on average, tuition, fees, and ability through higher unsubsidized Congressman MCKEON and Congress- room and board increase, decrease, or remain Stafford loan limits. This provision, man CASTLE have been on this watch unchanged in each such sector after the in- along with a provision passed under the for many years in this committee try- creases in Federal loan limits take effect. Deficit Reduction Act of 2005 which in- ing to help us come to grips with this (2) Whether the amount of private edu- creased loan limits on federally sub- problem and trying to carry on a posi- cational loans taken out by students (and sidized loans, enables students to re- tive conversation with the universities their parents) at institutions in each such ceive more Federal funding, reducing and colleges so that we can better de- sector to pay tuition, fees, and room and board increase, decrease, or remain un- reliance on higher cost private loans. fine those costs that they control, the changed. Although I strongly support these costs that they don’t control, and cer- (c) REPORT.—Not later than one year after provisions, I believe we have an oppor- tainly the actions of the States in their the date of enactment of this Act, the Comp- tunity here to determine what impact, support for the public institutions. I troller General shall provide an interim re- if any, these changes have on tuition, think this amendment is very helpful. port to the Committee on Education and fees, and room and board costs and pri- Congressman WELCH has spoken to Labor of the House of Representatives and vate loan borrowing by students and me about this during our deliberations the Committee on Health, Education, Labor, parents. of the higher education bill and of the and Pensions of the Senate including the ini- tial results of the study conducted under this The amendment I am offering today college loan reduction bill that we section. The Comptroller General shall fol- does just this. The amendment will passed last year. low up with such Committees after the third provide for a review and evaluation by This is an issue that continues to nag year and the fifth year after such date of en- the Government Accountability Office, at us. I think providing some good actment. GAO, of these two aspects of higher guidance to GAO, with their expertise, The Acting CHAIRMAN. Pursuant to education. we have an opportunity to really take House Resolution 1107, the gentleman Specifically, the GAO study will ex- a good look at a cross-section of insti- from Delaware (Mr. CASTLE) and a amine institutions of higher education tutions, what is properly driving the Member opposed each will control 5 over a 5-year time period to look at increases in cost and what maybe is minutes. whether tuition, fees, and room and improperly driving the increase in cost, The Chair recognizes the gentleman board increase, decrease, or remain and those things that can possibly be from Delaware. neutral after the increases in loan lim- brought under control and be reduced Mr. CASTLE. I yield myself such its take effect, as well as whether the by cooperative actions between the in- time as I may consume. amount of private educational loans stitutions, the States, and the Federal The amendment I have offered with taken out by students and their fami- Government. Representative WELCH today is meant lies to pay tuition, fees, and room and So I strongly support this amend- to complement the underlying legisla- board increase, decrease, or remain ment, and I want to thank Congress- tion and help us better utilize the Fed- neutral. man CASTLE and Congressman WELCH eral student loan program. I am sup- I urge my colleagues to support this for offering this amendment. portive of H.R. 5715, which I believe commonsense amendment to shine I yield back the balance of my time. will help prevent instability in the stu- some light on possible causes of the ris- Mr. CASTLE. Madam Chairwoman, I dent loan market and ensure students ing cost of higher education and also want to thank Chairman MILLER for have access to funds for higher edu- urge support for the base bill to main- his kind words. cation. This amendment doesn’t alter tain access to the Federal student loan I think that all of us, including Mr. the base bill but can help us learn more program. MCKEON, on whom I will call in a mo- about rising costs. I thank Mr. WELCH for working with ment, would all agree that we need to As you know, the committee has ac- me on this amendment and for speak- educate our young people as well as we tively worked to identify causes of ris- ing in favor of this bill yesterday be- can, and they need to be able to afford ing college costs while tuition rates fore the House. And we would just like it. And anything we can do to help in continue to increase more rapidly than to say that I just think it is so impor- that area is something that we should household incomes. This rate of in- tant that we deal with the costs of be doing. crease continues to prove to be overly higher education as well as the financ- I yield to the gentleman from Cali- burdensome for both students and fam- ing of higher education. Hopefully, by fornia (Mr. MCKEON) whatever time he ilies as they save and borrow to pay for this add-on, we will be able to do at may consume. higher education. least a little bit of that. Mr. MCKEON. Madam Chairman, I Adding another layer of complexity I reserve the balance of my time. thank the gentleman for yielding and is the existing slump in credit markets. Mr. GEORGE MILLER of California. for his longstanding commitment to For this reason, several lending insti- Madam Chairman, I rise to claim the addressing the rising costs of college. tutions have recently announced that time in opposition, although I do not This amendment gets to the heart of soaring lending costs have caused them expect to oppose the amendment. the concern that many of us have har- to decrease availability of new loans to The Acting CHAIRMAN. The gen- bored for a long time. It takes a hard American students. tleman from California is recognized look at whether or not an increase in Today, I am pleased Congress has the for 5 minutes. Federal aid will lead to an increase in opportunity to vote on this bipartisan Mr. GEORGE MILLER of California. college tuition. Everyone recognizes legislation to protect students and Madam Chairman, Members of the that Federal student aid is a good in- families by ensuring disruptions in the House, this is an important amend- vestment. Pell Grants, together with financial markets do not prevent stu- ment. campus-based aid programs, Federal dents from pursuing their higher edu- This committee, on a bipartisan student loans and other higher edu- cation goals. basis, has struggled with trying to get cation benefits help make a college I believe this legislation can help re- a good handle, if you will, an under- education accessible to every American store investor confidence in the mar- standable handle on the cost of edu- student. ketplace, provide additional flexibility cation and the reasons for the in- With enactment of the Higher Edu- for parents through a new, optional creases in the cost of education, as we cation Act in 1965, these financial aid grace period for PLUS loan payments watched the cost spiral up in higher programs truly did make college more until after their children graduate, as education much faster than the general affordable. But beginning in the

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6293 eighties and in the decades since, col- loans are the non-need-based, federally I want to thank you very much for lege tuition has skyrocketed. Despite guaranteed, low-interest loans avail- offering this amendment. our best efforts to keep pace by invest- able to parents for their children’s un- Ms. CASTOR. Madam Chairman, I re- ing in student aid, college is becoming dergraduate tuition, room and board serve the balance of my time. less affordable for many families. Tui- and other expenses. Mr. MCKEON. I claim the time in op- tion goes up, so we increase financial Our neighbors are really getting position, although I am not opposed, aid. But when we increase financial squeezed these days. They are socked Madam Chairman. aid, tuition goes up. It’s a vicious with the rising cost of housing and The Acting CHAIRMAN. Without ob- cycle. And we are losing ground. health care. And many families are jection, the gentleman from California Unfortunately, this pattern has even very concerned that a college edu- is recognized 5 minutes. led some of us to question whether an cation may be out of reach for their There was no objection. investment in financial aid is a wise children due to these rising costs. Mr. MCKEON. I rise in support of the one. After all, if we’re driving tuition This amendment allows parents to gentlelady’s amendment, and I yield increases by, for instance, increasing continue to access low-interest PLUS myself such time as I may consume. loan limits, we may be doing more loans even if they have fallen behind on The purpose of this bill is to address harm than good. medical bills only up to 180 days. This the unique challenges facing students I think there’s agreement that this extenuating circumstance exemption is and families in this time of economic bill will help borrowers by increasing identical to the one already provided in uncertainty. That is why the bill takes unsubsidized borrowing limits. Particu- the bill for mortgage payment delin- steps to ensure parents are not auto- larly for borrowers who are unable to quencies. matically denied a PLUS loan simply access higher-cost credit-based private Housing and health care are the pri- because they’re struggling with the loans, this additional Federal loan mary sources of financial hardship for same mortgage troubles facing so availability may be the difference be- families. Late mortgage payments and many other families in the country. tween enrolling or not. But as we in- uncollected copayments for doctors’ This amendment is consistent with crease that type of financial aid, we visits are among the primary reasons the spirit of our bill because it recog- need to very seriously review the con- for bad debt. But these short-term and nizes that families also may be grap- sequences of that action. That’s why temporary extenuating circumstances pling with medical bills. And as the this amendment calls on the Govern- should not bar parents from assisting chairman explained, sometimes you ment Accountability Office to deter- their children with attending college. are hit with a bill, and that shows up mine how the increase in borrowing By adding this amendment to section as a liability which would put you out limits impacts tuition. 4, special rules for PLUS loans, we en- of reach of getting another loan, and, in fact, you may not have that liabil- I thank Representative CASTLE along sure that hardworking families feeling ity. And until that is clarified, you are with Representative WELCH for their the strain in this economy of sky- leadership on this issue. It’s a good rocketing health care costs can still af- held in abeyance. And students can’t amendment. It improves the bill. I urge ford to send their children to college. wait. So this is a very important amend- a ‘‘yes’’ vote. I would like to thank Chairman MIL- ment that the gentlelady has pre- Mr. CASTLE. I yield back the bal- LER, Ranking Member MCKEON, all of sented. I thank Representative CASTOR ance of my time. the members on the Education and The Acting CHAIRMAN. The ques- Labor Committee and the professional for her amendment. It makes the bill tion is on the amendment offered by staff for their work. better. Mr. GEORGE MILLER of California. I yield back the balance of my time. the gentleman from Delaware (Mr. Ms. CASTOR. I would like to thank, Will the gentlewoman yield? CASTLE). again, the gentlemen from California The amendment was agreed to. Ms. CASTOR. I yield to the gen- tleman from California. for their work on this legislation and PART B AMENDMENT NO. 4 OFFERED BY MS. their work on behalf of students and CASTOR Mr. GEORGE MILLER of California. I just want to thank the gentlewoman parents across this country. The Acting CHAIRMAN. It is now in I urge adoption of the amendment. from Florida for introducing this order to consider amendment No. 4 I yield back the balance of my time. printed in part B of House Report 110– amendment. She had talked to me The Acting CHAIRMAN. The ques- 590. about this early on, and it was an over- tion is on the amendment offered by Ms. CASTOR. Madam Chairman, I sight. But she has raised the issue that the gentlewoman from Florida (Ms. for families that have engaged in seri- offer an amendment. CASTOR). The Acting CHAIRMAN. The Clerk ous medical encounters, the question of The amendment was agreed to. will designate the amendment. what the real bill is becomes a matter Mr. GEORGE MILLER of California. The text of the amendment is as fol- of serious negotiations that can take Madam Chairman, I move that the lows: over a period of time. committee do now rise. Part B amendment No. 4 offered by Ms. You get your bill. It says you owe The motion was agreed to. CASTOR: $65,000. And then it says, but the real Accordingly, the Committee rose; In section 428B(a)(3)(B) of the Higher Edu- cost was $45,000, and somebody will pay and the Speaker pro tempore (Ms. CAS- cation Act of 1965, as amended by section 4 of $20,000, and you owe whatever is in be- TOR) having assumed the chair, Mrs. the bill, insert ‘‘or on medical bill pay- tween. And then you find out that is TAUSCHER, Acting Chairman of the ments’’ after ‘‘home mortgage payments’’. really not true, that was the initial Committee of the Whole House on the The Acting CHAIRMAN. Pursuant to billing, and you back over a period of state of the Union, reported that that House Resolution 1107, the gentle- months. Those negotiations, because of Committee, having had under consider- woman from Florida (Ms. CASTOR) and an unexpected serious medical encoun- ation the bill (H.R. 5715) to ensure con- a Member opposed each will control 5 ter within a family, should not bar, in tinued availability of access to the minutes. these times, those individuals from Federal student loan program for stu- The Chair recognizes the gentle- being able to access student loans. It dents and families, had come to no res- woman from Florida. doesn’t mean they’ve lost their in- olution thereon. Ms. CASTOR. Madam Chairman, this comes. It doesn’t mean any of that at f amendment ensures that hardworking that point. families who are feeling the strain of I think it is a very important addi- RECESS skyrocketing health care costs can tion to this legislation as we are trying The SPEAKER pro tempore. Pursu- still afford to send their children to to weave together a support system for ant to clause 12(a) of rule I, the Chair college. The amendment applies to the families that must rely on loans for the declares the House in recess subject to Federal parent PLUS loans. PLUS education of their children. the call of the Chair.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6294 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 Accordingly (at 11 o’clock and 46 Boyd (FL) Franks (AZ) Lowey Roybal-Allard Smith (NE) Van Hollen minutes a.m.), the House stood in re- Boyda (KS) Frelinghuysen Lucas Royce Smith (NJ) Vela´ zquez Brady (PA) Gallegly Lungren, Daniel Ruppersberger Smith (TX) Visclosky cess subject to the call of the Chair. Brady (TX) Garrett (NJ) E. Ryan (OH) Smith (WA) Walberg Braley (IA) Gerlach Maloney (NY) Ryan (WI) Snyder f Walden (OR) Broun (GA) Giffords Manzullo Salazar Solis Walsh (NY) Brown (SC) Gilchrest Marshall Sali Souder Walz (MN) b 1321 ´ Buchanan Gillibrand Matheson Sanchez, Linda Space Wamp Burgess Gingrey Matsui T. Speier Wasserman AFTER RECESS Burton (IN) Gohmert McCarthy (CA) Sanchez, Loretta Spratt Schultz Buyer Gonzalez McCarthy (NY) Sarbanes Stark The recess having expired, the House Calvert Goode McCaul (TX) Saxton Stearns Waters was called to order by the Speaker pro Camp (MI) Goodlatte McCollum (MN) Schakowsky Stupak Watson Watt tempore (Mr. CROWLEY) at 1 o’clock Campbell (CA) Gordon McCotter Schiff Sullivan Cannon Granger McCrery Schmidt Sutton Waxman and 21 minutes p.m. Cantor Graves McDermott Schwartz Tancredo Weiner Welch (VT) f Capito Green, Al McGovern Scott (VA) Tanner Capps Green, Gene McHenry Sensenbrenner Tauscher Weldon (FL) Capuano Grijalva McHugh Serrano Taylor Weller ENSURING CONTINUED ACCESS TO Cardoza Gutierrez McIntyre Sessions Terry Westmoreland STUDENT LOANS ACT OF 2008 Carnahan Hall (NY) McKeon Sestak Thompson (CA) Wexler The SPEAKER pro tempore. Pursu- Carney Hall (TX) McMorris Shays Thompson (MS) Whitfield (KY) Carson Hare Rodgers Shea-Porter Thornberry Wilson (OH) ant to House Resolution 1107 and rule Carter Harman McNerney Sherman Tiahrt Wilson (SC) XVIII, the Chair declares the House in Castle Hastings (FL) McNulty Shimkus Tiberi Wittman (VA) the Committee of the Whole House on Castor Hastings (WA) Meek (FL) Shuler Tierney Wolf Chabot Hayes Meeks (NY) Shuster Tsongas Woolsey the state of the Union for the further Chandler Heller Melancon Simpson Turner Wu consideration of the bill, H.R. 5715. Christensen Hensarling Mica Sires Udall (CO) Yarmuth Clarke Herger Michaud Skelton Udall (NM) b 1322 Clay Herseth Sandlin Miller (FL) Slaughter Upton Young (FL) Cleaver Higgins Miller (MI) IN THE COMMITTEE OF THE WHOLE Clyburn Hill Miller (NC) NOT VOTING—23 Accordingly, the House resolved Coble Hinchey Miller, Gary Berkley Fortun˜ o Peterson (PA) Cohen Hinojosa Miller, George Bishop (GA) Hulshof Rush itself into the Committee of the Whole Conaway Hirono Mitchell Brown, Corrine Lynch Scott (GA) House on the state of the Union for the Conyers Hobson Mollohan Brown-Waite, Mack Shadegg further consideration of the bill (H.R. Cooper Hodes Moore (KS) Ginny Mahoney (FL) Towns 5715) to ensure continued availability Costa Hoekstra Moore (WI) Butterfield Marchant Wilson (NM) Costello Holden Moran (KS) Cole (OK) Markey Wynn of access to the Federal student loan Courtney Holt Moran (VA) Faleomavaega Pallone Young (AK) program for students and families, Cramer Honda Murphy (CT) ANNOUNCEMENT BY THE ACTING CHAIRMAN with Mr. BLUMENAUER (Acting Chair- Crenshaw Hooley Murphy, Patrick The Acting CHAIRMAN. There are 2 man) in the chair. Crowley Hoyer Murphy, Tim Cubin Hunter Murtha minutes left in this vote. The Clerk read the title of the bill. Cuellar Inglis (SC) Musgrave The Acting CHAIRMAN. When the Culberson Inslee Myrick b 1345 Committee of the Whole rose earlier Cummings Israel Nadler Davis (AL) Issa Napolitano Messrs. LINDER, GINGREY and today, amendment No. 4 printed in part Davis (CA) Jackson (IL) Neal (MA) TANCREDO changed their vote from B of House Report 110–590 offered by Davis (IL) Jackson-Lee Neugebauer ‘‘no’’ to ‘‘aye.’’ the gentlewoman from Florida (Ms. Davis (KY) (TX) Norton So the amendment was agreed to. Davis, David Jefferson Nunes The result of the vote was announced CASTOR) had been disposed of. Davis, Lincoln Johnson (GA) Oberstar AMENDMENT NO. 1 OFFERED BY MR. GEORGE Davis, Tom Johnson (IL) Obey as above recorded. MILLER OF CALIFORNIA. Deal (GA) Johnson, E. B. Olver Stated for: The Acting CHAIRMAN. The unfin- DeFazio Johnson, Sam Ortiz Mr. COLE. Madam Chairman, on Thursday, DeGette Jones (NC) Pascrell April 17, 2008, I missed the first vote in a se- ished business is the demand for a re- Delahunt Jones (OH) Pastor corded vote on the amendment offered DeLauro Jordan Paul ries of two votes. I missed rollcall vote No. by the gentleman from California (Mr. Dent Kagen Payne 203. Diaz-Balart, L. Kanjorski Pearce Had I been present and voting, I would have GEORGE MILLER) on which further pro- Diaz-Balart, M. Kaptur Pence voted as follows: ceedings were postponed and on which Dicks Keller Perlmutter Rollcall vote No. 203: ‘‘aye’’ (On agreeing to the ayes prevailed by voice vote. Dingell Kennedy Peterson (MN) Doggett Kildee Petri the Miller, George amendment to H.R. 5715). The Clerk will redesignate the Donnelly Kilpatrick Pickering The Acting CHAIRMAN. There being amendment. Doolittle Kind Pitts no further amendments, under the rule, The Clerk redesignated the amend- Doyle King (IA) Platts the Committee rises. ment. Drake King (NY) Poe Dreier Kingston Pomeroy Accordingly, the Committee rose; RECORDED VOTE Duncan Kirk Porter and the Speaker pro tempore (Mr. The Acting CHAIRMAN. A recorded Edwards Klein (FL) Price (GA) WEINER) having assumed the chair, Mr. Ehlers Kline (MN) Price (NC) BLUMENAUER, Acting Chairman of the vote has been demanded. Ellison Knollenberg Pryce (OH) A recorded vote was ordered. Ellsworth Kucinich Putnam Committee of the Whole House on the The vote was taken by electronic de- Emanuel Kuhl (NY) Radanovich state of the Union, reported that that vice, and there were—ayes 413, noes 0, Emerson LaHood Rahall Committee, having had under consider- Engel Lamborn Ramstad not voting 23, as follows: English (PA) Lampson Rangel ation the bill (H.R. 5715) to ensure con- [Roll No. 203] Eshoo Langevin Regula tinued availability of access to the Etheridge Larsen (WA) Rehberg AYES—413 Federal student loan program for stu- Everett Larson (CT) Reichert dents and families, pursuant to House Abercrombie Baldwin Bishop (UT) Fallin Latham Renzi Ackerman Barrett (SC) Blackburn Farr LaTourette Reyes Resolution 1107, he reported the bill, as Aderholt Barrow Blumenauer Fattah Latta Reynolds amended by that resolution, back to Akin Bartlett (MD) Blunt Feeney Lee Richardson the House with sundry further amend- Alexander Barton (TX) Boehner Ferguson Levin Rodriguez ments adopted by the Committee of the Allen Bean Bonner Filner Lewis (CA) Rogers (AL) Altmire Becerra Bono Mack Flake Lewis (GA) Rogers (KY) Whole. Andrews Berman Boozman Forbes Lewis (KY) Rogers (MI) The SPEAKER pro tempore. Under Arcuri Berry Bordallo Fortenberry Linder Rohrabacher the rule, the previous question is or- Baca Biggert Boren Fossella Lipinski Ros-Lehtinen Bachmann Bilbray Boswell Foster LoBiondo Roskam dered. Bachus Bilirakis Boucher Foxx Loebsack Ross Is a separate vote demanded on any Baird Bishop (NY) Boustany Frank (MA) Lofgren, Zoe Rothman further amendment reported from the

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6295 Committee of the Whole? If not, the Larsen (WA) Obey Shuster A motion to reconsider was laid on Chair will put them en gros. Larson (CT) Olver Simpson the table. Latham Ortiz Sires The amendments were agreed to. LaTourette Pascrell Skelton Stated for: The SPEAKER pro tempore. The Latta Pastor Slaughter Mr. MCHUGH. Madam Speaker, I was un- question is on the engrossment and Lee Payne Smith (NE) avoidably detained and missed rollcall No. Levin Pearce Smith (NJ) 204. At this time, I wish to note that had I third reading of the bill. Lewis (CA) Perlmutter Smith (TX) The bill was ordered to be engrossed Lewis (GA) Peterson (MN) Smith (WA) been present, I would have voted ‘‘yea.’’ and read a third time, and was read the Lewis (KY) Petri Snyder Stated against: Linder Pickering Solis Mr. BROUN of Georgia. Madam Speaker, third time. Lipinski Pitts Souder LoBiondo Platts on rollcall No. 204, I was unavoidably de- The SPEAKER pro tempore. The Space Loebsack Pomeroy tained. Had I been present, I would have question is on the passage of the bill. Speier Lofgren, Zoe Porter voted ‘‘nay.’’ The question was taken; and the Lowey Price (NC) Stark PERSONAL EXPLANATION Speaker pro tempore announced that Lucas Pryce (OH) Stearns the ayes appeared to have it. Lungren, Daniel Putnam Stupak Mr. MAHONEY of Florida. Madam Speaker, E. Radanovich Sullivan Mr. GEORGE MILLER of California. on April 17, 2008, I missed votes. Lynch Rahall Sutton Listed below are the votes I missed and Mr. Speaker, on that I demand the yeas Maloney (NY) Ramstad Tanner how I would have voted had I been present. and nays. Manzullo Rangel Tauscher Taylor Miller of California Amendment to H.R. The yeas and nays were ordered. Matheson Regula Matsui Rehberg Terry 5715, rollcall No. 203, I would have voted The vote was taken by electronic de- McCarthy (CA) Reichert Thompson (CA) ‘‘aye.’’ vice, and there were—yeas 383, nays 27, McCarthy (NY) Renzi Thompson (MS) McCaul (TX) Reyes Thornberry Final Passage of H.R. 5715, rollcall No. not voting 21, as follows: McCollum (MN) Reynolds Tiahrt 204, the Ensuring Continued Access to Stu- [Roll No. 204] McCotter Richardson Tiberi dent Loans Act of 2008, I would have voted McCrery Rodriguez YEAS—383 Tierney ‘‘yea.’’ McDermott Rogers (AL) Towns Abercrombie Cohen Gohmert McGovern Rogers (KY) Tsongas Mr. GEORGE MILLER of California. Ackerman Cole (OK) Gonzalez McIntyre Rogers (MI) Turner Madam Speaker, I ask unanimous con- Aderholt Conaway Goode McKeon Rohrabacher Udall (CO) sent that, in the engrossment of the Alexander Conyers Goodlatte McMorris Ros-Lehtinen Udall (NM) bill H.R. 5715, the Clerk be authorized Allen Cooper Gordon Rodgers Roskam Upton Altmire Costa Granger McNerney Ross Van Hollen to correct the table of contents, sec- Andrews Costello Graves McNulty Rothman Vela´ zquez tion numbers, punctuation, citations, Arcuri Courtney Green, Al Meek (FL) Roybal-Allard Visclosky and cross references and to make such Baca Cramer Green, Gene Meeks (NY) Royce Walberg other technical and conforming Bachmann Crenshaw Grijalva Melancon Ruppersberger Walden (OR) Bachus Crowley Gutierrez Mica Ryan (OH) Walsh (NY) changes as may be appropriate to re- Baird Cuellar Hall (NY) Michaud Ryan (WI) Walz (MN) flect the actions of the House. Baldwin Culberson Hall (TX) Miller (MI) Salazar Wamp The SPEAKER pro tempore (Ms. Barrow Cummings Hare Miller (NC) Sali Wasserman Bartlett (MD) Davis (AL) Harman Miller, Gary Sa´ nchez, Linda TSONGAS). Is there objection to the re- Schultz Barton (TX) Davis (CA) Hastings (FL) Miller, George T. Waters quest of the gentleman from Cali- Bean Davis (IL) Hastings (WA) Mitchell Sanchez, Loretta Watson fornia? Becerra Davis (KY) Hayes Mollohan Sarbanes Berman Davis, David Heller Moore (KS) Saxton Watt Mr. ROHRABACHER. Reserving my Berry Davis, Lincoln Herseth Sandlin Moore (WI) Schakowsky Waxman right to object, I am just not fully Biggert Davis, Tom Higgins Moran (KS) Schiff Weiner aware of this. I understand that a very Welch (VT) Bilbray DeFazio Hill Moran (VA) Schmidt important vote that was taken yester- Bilirakis DeGette Hinchey Murphy (CT) Schwartz Weldon (FL) Bishop (NY) Delahunt Hinojosa Murphy, Patrick Scott (GA) Weller day has been negated and that there is Bishop (UT) DeLauro Hirono Murphy, Tim Scott (VA) Wexler some objection to correcting the situa- Blackburn Dent Hobson Murtha Sensenbrenner Whitfield (KY) tion, which was a clerical error, appar- Blumenauer Diaz-Balart, L. Hodes Musgrave Serrano Wilson (OH) Blunt Diaz-Balart, M. Hoekstra Myrick Sessions Wilson (SC) ently, by unanimous consent on our Boehner Dicks Holden Nadler Sestak Wittman (VA) side. Bonner Dingell Holt Napolitano Shays Wolf I am just wondering where that Bono Mack Doggett Honda Neal (MA) Shea-Porter Woolsey stands in comparison to the unanimous Boozman Donnelly Hooley Neugebauer Sherman Wu Boren Doolittle Hoyer Nunes Shimkus Yarmuth consent objections that were being ex- Boswell Doyle Hunter Oberstar Shuler Young (FL) pected of us today. Boucher Drake Inglis (SC) Mr. GEORGE MILLER of California. NAYS—27 Boustany Dreier Inslee Madam Speaker, I withdraw my unani- Boyd (FL) Edwards Israel Akin Foxx Lamborn Boyda (KS) Ehlers Issa Barrett (SC) Franks (AZ) McHenry mous consent request. Brady (PA) Ellison Jackson (IL) Brady (TX) Gingrey Miller (FL) The SPEAKER pro tempore. The re- Braley (IA) Ellsworth Jackson-Lee Campbell (CA) Hensarling Paul quest is withdrawn. Brown (SC) Emanuel (TX) Cannon Herger Pence Buchanan Emerson Jefferson Cubin Johnson, Sam Poe f Burgess Engel Johnson (GA) Deal (GA) Jordan Price (GA) MESSAGE FROM THE SENATE Burton (IN) English (PA) Johnson (IL) Duncan King (IA) Tancredo Buyer Eshoo Johnson, E. B. Flake Kingston Westmoreland A message from the Senate by Ms. Calvert Etheridge Jones (NC) Curtis, one of its clerks, announced Camp (MI) Everett Jones (OH) NOT VOTING—21 that the Senate has passed without Cantor Fallin Kagen Berkley Mack Rush Capito Farr Kanjorski Bishop (GA) Mahoney (FL) Shadegg amendment a bill of the House of the Capps Fattah Kaptur Broun (GA) Marchant Spratt following title: Capuano Feeney Keller Brown, Corrine Markey Wilson (NM) Cardoza Ferguson Kennedy H.R. 5813. An act to amend Public Law 110– Brown-Waite, Marshall Wynn Carnahan Filner Kildee 196 to provide for a temporary extension of Ginny McHugh Young (AK) Carney Forbes Kilpatrick Butterfield Pallone programs authorized by the Farm Security Carson Fortenberry Kind Hulshof Peterson (PA) and Rural Investment Act of 2002 beyond Carter Fossella King (NY) April 18, 2008. Castle Foster Kirk Castor Frank (MA) Klein (FL) b 1409 f Chabot Frelinghuysen Kline (MN) ON THE PASSING OF LOU Chandler Gallegly Knollenberg Mr. AKIN changed his vote from Clarke Garrett (NJ) Kucinich ‘‘yea’’ to ‘‘nay.’’ COSTANTINO Clay Gerlach Kuhl (NY) So the bill was passed. (Mr. HOYER asked and was given Cleaver Giffords LaHood Clyburn Gilchrest Lampson The result of the vote was announced permission to address the House for 1 Coble Gillibrand Langevin as above recorded. minute.)

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6296 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 Mr. HOYER. Madam Speaker, ladies important bill from the Oversight and I yield. and gentlemen of the House, we have Government Reform Committee, H.R. Mr. HOYER. I thank the gentleman some extraordinary people who work 5712, Close the Contractor Fraud Loop- for yielding. for us. At times this is a very stressful hole Act. A final list of suspension bills I still anticipate that. With reference job. They remain even-tempered. They will be announced by the close of busi- to the gentleman’s question regarding remain gentle and kind and good ness tomorrow. the number of bills, based upon the humored. We have lost one of those In addition, Mr. Whip, we will con- comments of Mr. MURTHA, I have not just recently. Maybe you did not know sider H.R. 5819, a bill to improve the talked to him personally but that have his name, but you saw him, usually Small Business Innovation Research been reported, it is my understanding through the center door, or sometimes Program and the Small Business Tech- that he is thinking of one bill, not both other doors. His name was Lou nology Transfer Program, and H.R. an Afghanistan and an Iraq. Costantino. 2830, the Coast Guard authorization The problem is while there is, I As a member of the House security bill. think, pretty universal support for the team for over 28 years, Lou Costantino Mr. BLUNT. I thank the gentleman effort in Afghanistan as being critical has been a fixture at the House Cham- for that. to our fight on terrorism, there is more ber’s front door and was beloved by I have a couple of inquiries about disagreement on the Iraq component Members and staff who were greeted by other legislation. The 1974 Budget Act and what we ought to be doing there. him every day. I never failed to come set a budget deadline of April 15. I am But the way the budget is structured, through that door that he did not have well aware that the Congress has sel- it would be very difficult to consider a kind and gentle world. dom met that deadline, I think maybe them discretely, Afghanistan and Iraq. He was a ‘‘purveyor of pork,’’ if you four times. The latest three were in So it is my understanding that Mr. will. He loved sausage, and he allowed 1999, 2001 and 2003. But with that dead- MURTHA has recommended and intends some of us to share in that sausage. line in mind, I wonder if the gentleman to pursue it as one bill. I am very sad to report to all of you Mr. BLUNT. I thank the gentleman has any sense when a budget might be that Lou died of a heart attack last for that. That bill needs to be out of on the floor. Saturday. He was young, 71 years of the way, along with the budget, before I would yield. age. Many of you will remember Lou we can get on with the other appro- for the homemade sausage he made for b 1415 priating process. And thinking about his friends and colleagues every day. Mr. HOYER. I thank the gentleman that appropriations calendar, I know We will miss Lou. He made this insti- for yielding. that the majority leader was quoted tution a better place. My hope is sooner rather than later. last week as saying that it is likely we MOMENT OF SILENCE However, as the gentleman knows, we won’t have a lame duck session, a post- I would ask you therefore to join me are having, as is so often the case, dif- election session this year. I wonder if in a moment of silence in remembrance ficulty reaching agreement with the you can comment on that a little more. of a part of this institution who will be Senate, mainly because the chairman I know privately we have discussed sorely missed, Lou Costantino. of the Senate Budget Committee has a this, but I saw you in print suggesting f very close vote structure there, as you that we might not be back after the election. I am wondering what your LEGISLATIVE PROGRAM know, and so he is trying to figure out the votes in the Senate on a budget. thoughts are on that. (Mr. BLUNT asked and was given Mr. HOYER. Those are my thoughts; As is too often the case, one of the permission to address the House for 1 my thoughts and my hope. I think that issues is whether we pay for things minute.) lame duck sessions, in my experience, that we are doing. The House feels Mr. BLUNT. Madam Speaker, before have not been particularly productive, strongly about that issue, and I think I yield to my friend from Maryland, I particularly when you are going to the chairman of the Budget Committee would like to join him in his comments have a change of administration. in the Senate feels strongly about that regarding Lou Costantino, who served Whether it is Senator MCCAIN, Senator issue, but he is not sure that he can get us well and ably for a long time. CLINTON or Senator OBAMA, we are Lou Costantino was always proud of the votes. That is the discussion. There going to have a change of administra- his job, he was proud of his family and is some discrepancy, not much, be- tion. I expressed it as a hope, and we proud of our country. To his wife, tween the figures, and we are hopeful are going to work toward not having a Doris; his daughter, Edie; and to his that we can get a budget conference lame duck session. son, Louis, Jr., who we got relatively committee done. As soon as a con- Let me go back and answer your regular reports on, I am sure that the ference committee is done, we will re- question. I think we had a week delay sympathy of the House goes out to port it to the floor. If that is next on the supplemental, and I think the them. week, it will be on the floor next week. week of May 5 is the week we are look- Madam Speaker, I yield to my friend I am in regular communication with ing at for the supplemental. As you from Maryland, the majority leader, Mr. SPRATT, the chairman of the Budg- know, I said the last week in April, the for information about next week’s et Committee, and he is working at it. first week in May. That is the first full schedule. Mr. BLUNT. I thank the gentleman week in May, so I guess I am still accu- Mr. HOYER. I thank the gentleman for that information. Of course it is a rate. We are on for that week hopefully for yielding, and I thank him for his challenge, but it is a challenge that we on the supplemental, which will be words about Lou Costantino. All of us need to meet in some way usually be- timely in accomplishing the objective will miss Lou. He was a wonderful, fore we can move with the appropria- of getting dollars in time before the de- good, human being who loved this in- tions process. But on appropriations on pletion of the funds that have already stitution and showed great affection to the supplemental, there were con- been appropriated. all of our Members. flicting reports this week that there With respect to the appropriations On Monday, the House is not in ses- might be a supplemental for Afghani- process, obviously I will be discussing sion. On Tuesday, the House will meet stan and another supplemental for with Mr. OBEY and with Mr. SPRATT, if at 12:30 p.m. for morning hour and 2 Iraq, and then there were reports that we fail to pass a budget, we have to p.m. for legislative business. On no, the committee would report out give the Appropriations Committee a Wednesday and Thursday, the House one supplemental bill. I am wondering figure to mark to. My thought would will meet at 10 a.m. for legislative if the gentleman knows whether there be that we will do as we have done in business. On Friday, no votes are ex- will be one or two bills, and are we still years past, deem that the House budget pected in the House. anticipating a markup of that bill next will be the numbers to which they will We will consider several bills under week and then floor action following mark. But we have not made that deci- suspension of the rules, including an next week? sion at this point in time.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6297 Mr. BLUNT. I thank the gentleman when I have some better fix on where I The SPEAKER pro tempore. Is there for that. think the Senate is willing to go or objection to the request of the gen- On the idea on a congressional year where we are willing to go and where tleman from Maryland? that will end before the election, I we can reach agreement, I want to dis- There was no objection. know last week we voted in an unusual cuss it with you because I am hopeful f way to put off the vote on the Colom- that we can work together to try to bia trade agreement, and I suppose make that happen. HOUSING CRISIS that could mean to put it off indefi- Mr. BLUNT. I thank the gentleman. I (Mr. HALL of New York asked and nitely. Without a lame duck session, think every day matters in this regard, was given permission to address the and that is one of the times when it and certainly going home for another House for 1 minute and to revise and was thought that we might get back to work period at home without a conclu- extend his remarks.) those trade bills. I’m not aware of any sion here would be the wrong thing for Mr. HALL of New York. Madam real discussion that has gone on this us to do. I hope we can meet your goal Speaker, we are in a housing crisis in week on this Colombia agreement. I and hopefully meet it earlier than the the United States, yet the Bush admin- hope we are continuing to look for a last day or two that we are here before istration seems determined to ignore way to get that important bill done. the Memorial Day break. it. I yield to my friend. Mr. HOYER. If the gentleman would Losing your home has a deep eco- Mr. HOYER. I thank the gentleman yield, I share that hope. Again, I share nomic and emotional impact that can for yielding. the conviction, which I have expressed last for years. When the mortgage cri- The Speaker has focused on, as I on numerous occasions, that the law sis broadens as wide as it has, entire think she has been quoted in the press that currently exists to my under- communities, not just individuals, face as saying, we are still looking at TAA standing, and when I say currently ex- dire consequences for the future. and discussing that with the adminis- ists, and the authorizations that were In the Hudson Valley of New York, tration. TAA, trade adjustment assist- given under the Protect America Act, we have been especially hard hit. Over ance, we think that is very important. are in place and in fact are continuing the last 3 months, foreclosures in West- There have been some positive discus- to provide opportunities to intercept chester County were up almost 40 per- sions and indications from the adminis- those communications that the admin- cent from last year, and they’ve more tration. In addition, I know the Speak- istration and the intelligence commu- than tripled since 2005. Putnam Coun- er has been discussing additional items nity feel are necessary to focus on. ty, also in my district, has the single with the leadership in the House and Having said that, we are trying, I’m highest foreclosure rate of any county with Mr. REID, and I think as well with trying to move ahead as quickly as we in New York State. the White House. So I think discus- can come to agreement. This crisis demands bold action. This sions are ongoing. The Speaker has Mr. BLUNT. I want to say in re- Congress has already expanded the made it very clear that the action sponse that I am not quite as con- Federal loan limits to make Federal taken from her perception, certainly fident, and maybe you’re not confident protections available to more home from my perception, was not the death either, that law doesn’t meet all of the buyers, now we need to extend these knell of Colombia. I know that some circumstances that occur. And even if Federal guarantees to more home- have interpreted it that way, but I it does, that law reaches an anniver- owners in need. This Congress will not don’t think that the Speaker or I inter- sary of those particular orders August only protect institutions like Bear preted it that way. 1. Again, coming back after Memorial Stearns, but will also protect American Mr. BLUNT. I hope we are continuing Day, we are suddenly under a situation families who remain at great risk. that. where even those things that we cur- f Also, we are now entering the third rently believe are covered, we will month since the expiration of the Pro- begin to have a problem in them expir- b 1430 tect America Act. I know you and I ing. And certainly the things that are WELCOMING POPE BENEDICT XVI were in a meeting a week or 10 days not covered, there is no easy way in my ago on this, and I still don’t see any view, which may be different than (Mr. GINGREY asked and was given scheduled discussion of legislation on yours, there is no easy way to begin to permission to address the House for 1 the floor that brings us back to that listen to a new set of conversations minute and to revise and extend his re- whole issue of foreign intelligence sur- that we just determined need to be lis- marks.) veillance, and I hope we are moving to- tened to. That is what that whole de- Mr. GINGREY. Madam Speaker, I ward a conclusion of that important bate is about. We don’t need to have rise today to welcome Pope Benedict issue. that debate here. But I have pledged to XVI to our Nation’s Capital as part of I would yield. do everything that I can to bring this his official papal visit to the United Mr. HOYER. As you know because we to a conclusion. States. During this 6-day trip to Wash- have had an opportunity to discuss it, Mr. HOYER. If the gentleman would ington, D.C. and New York City, the I have essentially been coordinating yield, I want to thank the gentleman Holy Father, who serves as a wondrous this issue on our side with Mr. REYES because I believe he is absolutely sin- example of faith and leadership, will and Mr. CONYERS, and also working cere in that effort. He and I have had help Catholics and all Christians renew with Mr. ROCKEFELLER. And you and I an opportunity to have discussions. We their faith by delivering mass to tens had a meeting with Senator BOND, the are going to continue those over the of thousands of people. ranking member on the Republican coming days, and hopefully we can get I was honored to have the oppor- side. this done sooner rather than later. The tunity to attend mass with the Holy I am hopeful that we can have a prop- chairman of the Judiciary Committee Father at the new Nationals Stadium osition passed through the House and and the chairman of the Intelligence here in D.C. this morning. And, Madam hopefully by the Senate by the Memo- Committee have both expressed that Speaker, it was truly a blessed event. rial Day break. That is my time frame. objective. Despite his relatively short tenure, I am working toward that. I have meet- Mr. BLUNT. I thank the gentleman. Pope Benedict XVI has emerged as a ings tomorrow with respect to the For- f vocal and effective leader for Catholics eign Intelligence Surveillance Act. I throughout the world. Over the past 3 am going to have meetings this after- HOUR OF MEETING ON TOMORROW years, His Holiness has stressed the noon, and I had meetings yesterday. I Mr. HOYER. Madam Speaker, I ask need for a return to fundamental Chris- am giving it a lot of attention, with unanimous consent that when the tian values in response to what many others as well. As you know, we met House adjourns today, it adjourn to see as the world’s sloping trend toward briefly. I would reiterate to you that meet at 9 a.m. tomorrow. secularism.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6298 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 As Pope, he has focused on the im- pected nuclear weapons program 4 And in my Congressional district area, portance and sanctity of human life, years ago. Shaun Paul is the 26th area resident especially the life of the unborn, an And finally, General Petraeus told that has been killed in Iraq or Afghani- issue that’s very important to me, both Congress last week that Iranian-backed stan during these wars. as a member of the Catholic Church special groups now pose the greatest He was a man from small town Texas and as a Member of Congress. But long-term threat in Iraq. who had a playful heart, and he made a every American, regardless of party af- For years, the administration told us big impression on everybody that knew filiation or religious belief can find that the main enemy was al Qaeda or him growing up. He died as a war hero hope in his message of freedom and jus- Sunni insurgents, or Shiite militia. at the age of 30, and he will forever be tice for all people. Now they tell us, forget them; it’s Iran. recognized as how he lived, that being Madam Speaker, as a member of St. In my mind, this raises legitimate con- a loving husband, a caring father and a Joseph’s Catholic Church in Marietta, cerns that the administration may be great friend to all those people in rural Georgia, I humbly welcome Pope Bene- inventing new excuses to stay in Iraq America. dict XVI to the United States as he by trying to convince the American Shaun Paul Tousha was born Feb- continues to spread his message of people to support war against Iran. ruary 11, 1978 in Silsbee, Texas. He faith, love and service in Christ. Madam Speaker, I too am concerned grew up in the town of Hull, Texas, and about Iran. The Iranians should stay he was the son of the late Tommy Gene f out of Iraq. They should not develop and Roberta Tousha. He was a husband SPECIAL ORDERS nuclear weapons. No country should to Christy Tousha, and loving father of The SPEAKER pro tempore. Under develop nuclear weapons. But if we the two children, Colton and Maycee. the Speaker’s announced policy of Jan- want Iran to behave well, we must stop As a teenager, Shaun played football, uary 18, 2007, and under a previous threatening to attack them. Instead, like most Texas rural boys do. He order of the House, the following Mem- our first line of defense must be en- played at Hull-Daisetta High School. bers will be recognized for 5 minutes gagement and aggressive diplomacy. And he also liked to ride horses. And each. The absolutely essential first step in being a cowboy, he enjoyed bull riding. that process must be the redeployment His stepmother, Doris Tousha, was f of our troops out of Iraq. How can we very proud of Shaun. She described him THE BUSH ADMINISTRATION’S expect Iraq’s neighbors to cooperate in as outgoing and an individual who had MIDDLE EAST POLICIES stabilizing the region while we insist a lot of friends. He was always cutting The SPEAKER pro tempore. Under a on an open-ended foreign occupation up, acting silly, and made friends eas- previous order of the House, the gentle- with 140,000 troops and tens of thou- ily. He liked to joke around, and his woman from California (Ms. WOOLSEY) sands of military contractors? personality drew people toward him. is recognized for 5 minutes. Ending the occupation will allow us She said that he may have been a hand- Ms. WOOLSEY. Madam Speaker, I to launch a broad initiative to bring ful growing up, but she was proud of rise to bring to the House’s attention a the nations in the region to the table, the way he turned out. And after graduating from Hull- potentially, very dangerous new turn to address the relevant, the political, Daisetta High School in May of 1996, in the administration’s policies in the the economic and the security issues. And Madam Speaker, when it comes Shaun got a job at a wire company in Middle East. In recent weeks the ad- to Iran’s nuclear challenge, we must Dayton, Texas. He worked there for ministration has been stirring up the retake the high moral ground in the several years before he heard his Na- pot on Iran again, and that has caused United States of America. When we tion’s call and joined the United States many Americans to worry that the ad- turn our backs on nuclear nonprolifera- Army at the age of 22 in February of ministration is getting ready to launch tion, abandon the comprehensive test 2000. another attack in the region, this time ban treaty and develop new nuclear His father, Tommy Gene Tousha, was in Tehran. extremely proud of his son’s decision to In fact, there’s more than enough weapons of our own, under what cir- cumstances can we tell another nation serve in the Army, and even went with evidence to show that the administra- him to the local recruiting station tion may be laying the groundwork for to abandon their nuclear dreams? The American people do not want a when he joined up. military action. In an interview last wider conflict in the Middle East. They Madam Speaker, General Patton month, the President said that the Ira- want our leaders to spend every waking once said ‘‘we should live for some- nians, and I quote him, he said, ‘‘the moment working to bring peace to the thing, rather than to die for nothing.’’ Iranians have declared they want to region. This is not the time for heated Shaun sought to live his life in duty to have a nuclear weapon to destroy peo- rhetoric, for bullying and new threats. this country. ple.’’ It is time to try the one thing we Shaun attended basic training in Ft. That would be troubling, Madam haven’t tried, diplomacy. Benning, Georgia and later was sta- Speaker, if it were true. But the Ira- tioned at Ft. Hood, Texas. He was as- f nians haven’t said anything of the signed as a Generator Equipment Re- kind. It is shocking to me that our SERGEANT SHAUN PAUL TOUSHA: pairman in the 1st Battalion, 66th Ar- Commander-in-Chief would make un- HULL, TEXAS HERO mored Regiment, 4th Infantry Division, substantiated and misleading state- The SPEAKER pro tempore. Under a in Ft. Hood, Texas. ments about a subject as important previous order of the House, the gen- General Patton reminded us that and as serious as nuclear weapons. tleman from Texas (Mr. POE) is recog- ‘‘wars may be fought with weapons but Another troubling sign came last nized for 5 minutes. they are won by men.’’ Shaun was a month when Admiral William Fallon Mr. POE. Madam Speaker, today the skillful soldier, and he and his com- retired. Admiral Fallon was a bulwark small town of Hull Texas, population rades in arms are the ones with the against the Iran hawks in the adminis- 1,800, is mourning the loss of a native boots on the ground that are winning tration, and his departure raised fears son who grew up to be a mighty war- this war. Shaun realized this, and dur- that he was, first, forced to retire, and rior for the United States Army. He ing his first tour of duty in Iraq he de- that next, the rush to war was on. gave up everything he had to protect cided to re-enlist in the United States And several weeks ago, Vice Presi- everyone else’s freedom. Army and make the military his ca- dent CHENEY said that he has ‘‘high Army Sergeant Shaun Paul Tousha reer. He served three tours of duty in confidence’’ that the Iranians have an was killed in Baghdad, Iraq on April 9, Iraq. ongoing nuclear enrichment program. 2008 when an improvised explosive de- When Shaun’s father died in 2002, he Of course, the most recent national in- vice detonated near his vehicle. helped his stepmother, Doris, through telligence estimate reported that the Madam Speaker, the IED is the way many difficult times. He took care of Iranians stopped working on a sus- our cowardly enemy fights this war. his family back home in America.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6299 Doris said that she was impressed at great Americans. One is a friend to us refugee camps, then they, too, must Shaun’s emotional strength during all. We know him well as Lou fight for democracy and two distinct that painful ordeal of the family fa- Costantino. We thank him so very separate states. The two-state theory ther’s death. Doris said that she was much, and we really know him as Lou. must be put in action, but we can no proud that the Army really helped him We thank him for his friendship. We longer stand by as an objective by- become a mature individual. thank him for his warmth. We thank stander. We must be engaged, we must George Washington once said that him for taking care of this place, this roll up our sleeves, we must recognize ‘‘discipline is the soul of the Army.’’ House. that we are very much a part of the And with Shaun’s character, back- Lou, you see, was one of the distin- peace process in the Middle East. ground and career in the Army, Shaun guished men and women who stand I remember very well when the Presi- was able to overcome even the most outside of the House Chamber, works dent came in and he said, That’s their trying circumstances because of that with the Sergeant of Arms, is in con- business. My good friends on the other discipline. junction with the Clerk’s Office. But side of the aisle got up and joined him, One of Shaun’s best friends, Johnny really, Lou is part of our family. That’s their business. It’s our business. Fregia, described him as a ‘‘good ol’ He attended and was concerned about And before the lights go out on this boy that died for his country.’’ They all of our guests that would come. He administration, it would do well for us became friends when they worked to- was concerned about the Members. He in the name of Prime Minister Sharon, gether in Dayton, Texas. Shaun was was equally concerned and passionate who began this process, to get engaged Johnny’s helper, and he kept work in- about America. and to make sure that we can have teresting for Johnny with his humor, I consider him a great patriot, a peace in the Middle East, to have an ever-present smile and his constant great American. He loved this work be- ally in Israel, safe and secure, and to good mood. They enjoyed even shoot- cause he was serving America. say to the Palestinian people that you ing pool after work, and Johnny said Lou lost his battle just this past can have good health, you can have that Shaun was pretty good at it. weekend, but we are reminded that Lou housing, you can have education. Johnny described the high caliber of was with us last week. How truly val- I think, Madam Speaker, that this is character and love for their country iant Lou is in life and in death, and I a challenge that the Secretary of State that his friend Shaun had and the rest stand here today to offer my deepest should accept; this is a challenge for of our military men and women pos- sympathy to his wife, Doris; his daugh- the President to accept. America can sess. ter, Edie; his son, Lewis, Jr.; and to all do no less. Johnny went ahead and said, ‘‘free- of his family members. May he rest in I did not say ‘‘battle.’’ I said ‘‘en- dom ain’t free. And sometimes we take peace and may God bless him. gage,’’ and be able to be part of the ne- it for granted. There’s a price to pay, I also take note to acknowledge the gotiation for peace. There is nothing and those guys like Shaun are willing happy celebration of the birthday of wrong for being considered a peace-lov- to pay for it. They are willing to lose Maya Angelou, poet laureate, teacher, ing Nation that promotes peace. everything they’ve got to keep this mentor, resident of Winston-Salem, May God bless this Nation and bless country free.’’ North Carolina, the author of the 1993 our soldiers, wherever they may be, as Madam Speaker, this is a recent pho- inaugural poem that suggested that they stand on the front lines around tograph of Shaun Paul Tousha right those of us who live in the great land the world asking us to promote our before he died. Shaun Tousha paid the must come from underneath the rocks ideals and our values, and that is ultimate price with his life, the price and shout out and be seen for justice. peacemakers. for freedom in our country. She also wrote the language or the f Aristotle once wrote that ‘‘we make words to a book, ‘‘I Know Why the war so that we may live in peace.’’ Caged Bird Sings,’’ to talk about what WHERE IS THE LEADERSHIP? Shaun served in order that we may it’s like to be isolated, to be contained, The SPEAKER pro tempore. Under a have freedom and have real peace in to be inhibited as a child growing up in previous order of the House, the gen- this country. the deep south. tleman from Georgia (Mr. PRICE) is rec- Americans, even in this chamber, cry Maya Angelou can be considered a ognized for 5 minutes. peace, peace. But Madam Speaker, great American, certainly a great poet, Mr. PRICE of Georgia. Madam there can be no peace as long as there certainly a great mentor of men and Speaker, I note as I come to the well are people who are trying to kill Amer- women, college students, as she taught here that it’s now 2:49 p.m. on a Thurs- icans somewhere in the world. And me at Yale University. I am honored day afternoon, a time when across this Shaun Paul tried to protect us from today to be able to say ‘‘thank you’’ to Nation the folks who worked the day that threat. Maya Angelou. shift are getting ready to complete He had a heart as big as Texas, and I now move, Madam Speaker, to their work; the folks who are working we are proud of Sergeant Shaun something that has been continuing in the afternoon or evening shift are get- Tousha. The light of his life has been this Nation, and very quickly I call ting ready to head off to work or on extinguished, buy Shaun’s joyful spirit upon the Secretary of State and the their way to work; and the folks who will burn bright forever in the hearts United States of America to reengage work the midnight shift across the Na- and minds of his friends, his fellow sol- more actively in the negotiations be- tion are probably just rubbing their diers, and the Texans that loved him. tween the Israelis and the Palestinians. eyes as they wake up and begin their And that’s just the way it is. I now believe fully that the only way day or bedding down as they begin f that we will have success in recog- their rest before they get back at it b 1445 nizing and achieving peace in the Mid- again this evening. dle East is not through preemptive at- Where is the House of Representa- HONORING THE LIFE OF LOU tacks, but through concern, negotia- tives? Well, Madam Speaker, you look COSTANTINO tion, and firmness. around the House of Representatives The SPEAKER pro tempore. Under a We must tell the negotiators what and they’ve gone home. They’ve all previous order of the House, the gentle- America wants to see and provide them gone home. Now, why is that impor- woman from Texas (Ms. JACKSON-LEE) the support. We must insist that we tant? Well it’s important, Madam is recognized for 5 minutes. will continue to be a friend of Israel, Speaker, because I think it dem- Ms. JACKSON-LEE of Texas. I thank we will never step away from her, and onstrates another day demonstrating you, Madam Speaker, and I thank you we stand by Israel’s right to exist as a the crisis of leadership that we have in for your leadership. freedom-loving democratic people. this House of Representatives. As I begin my special order this Let’s say to the Palestinians if they Madam Speaker, I come to the well afternoon, I want to pay tribute to two are to move their people beyond the today at this time to document that we

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6300 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 are now 62 days into a unilateral disar- REMARKING ON THE POPE’S VISIT among foreign-born (mostly Hispanic) mament of the United States of Amer- AND ILLEGAL IMMIGRATION residents.’’ ica as it relates to folks who want to The SPEAKER pro tempore. Under a Madam Speaker, it’s possible and un- do us harm all across this world, 62 previous order of the House, the gen- fortunate that the Pope’s immigration comments may have had as much to do days in which we have not had in place tleman from Colorado (Mr. TANCREDO) the Protect America Act, 62 days in is recognized for 5 minutes. with spreading the gospel as it does re- which we have not had in place the ap- Mr. TANCREDO. Madam Speaker, I cruiting new members to the Church. I regret that the Pope used some of propriate rules and protections for rise today to also welcome Pope Bene- his time with the President to engage communication companies to allow our dict XVI to the United States and to in faith-based marketing trying to at- United States Government to listen Washington, D.C., and congratulate tract new parishioners instead of and intercept electronic communica- him for delivering an important mes- preaching amnesty for illegal aliens to tion between a foreign individual in a sage on the role that faith plays in the try and enlarge the size of the global foreign land who wishes to do America lives of every believer. Catholic congregation. I would urge Over the years, the Vatican has been harm and another foreign individual in the Pope to subscribe to the wisdom of a foreign land who wishes to do us a strong voice for religious freedom, one of his cardinals, Cardinal Biffi. A harm. for human rights, and was an invalu- few years ago, the cardinal told The Did you get that, Madam Speaker? able partner in defeating Communism Times of London, ‘‘Countries can Non-U.S. citizen, not on U.S. soil, talk- during the Cold War. The Catholic choose to let in whoever they want. Church has long been a source of char- ing or communicating through elec- There is no such thing as a right of in- ity and benevolence helping some of tronic communication to another non- vasion.’’ the world’s most vulnerable people in U.S. citizen, not on U.S. soil, about Madam Speaker, the United States some of the world’s most dangerous how to injure Americans either on the already has a legal immigration sys- places. battlefield or here in our homeland. tem unparalleled in its generosity. In However, as President Bush wel- the meantime, we assist illegal aliens, It’s called the Foreign Intelligence comes Benedict XVI to Washington and those affected by them, by reim- Surveillance Act. The bill was the Pro- this week, Americans might be sur- bursing hospitals for costly illegal tect America Act. Sixty-two days ago, prised to know that the Pope isn’t here emergency room hospital visits, pro- the leadership in this House of Rep- just to minister to his flock. He’s here viding free public education to illegal resentatives allowed that to expire. to lobby for amnesty for illegal aliens. alien children. I would challenge the And why? For some reason, they be- According to news reports, the Pope Pope to name any other country on lieved that lawyers ought to be able to met with President Bush yesterday to Earth that demonstrates this kind of represent that foreign individual in a add his voice to the open border lobby compassion on such a large scale. foreign land who want to do us harm by encouraging the President to give I hope, Madam Speaker, that the with the same protections that you and the 20 to 30 million illegal aliens in this American people will welcome the I enjoy as American citizens. country a free pass to stay here. Pope with open hearts and open arms Now, I’m not taking issue with the but that they will reject his demand to Madam Speaker, when I go home to Pope’s moral authority. I respect his replace our efforts to achieve genuine the Sixth District of Georgia and I tell views on the threats of Islam, the sanc- border security with a faith-based im- people about this, they shake their tity of human life. But I don’t think migration system. head and say, what on earth is going it’s in his job description to engage in on? Where is the leadership? And I f American political activities. ADJOURNMENT FROM FRIDAY, agree. Where is the leadership? Worse yet, the Pope chided America, APRIL 18, 2008, TO TUESDAY, Madam Speaker, there is a crisis of insinuating that immigrants are sub- APRIL 22, 2008 leadership in this House of Representa- ject to ‘‘violence’’ and prevented from tives, whether it is on the Foreign In- leading ‘‘dignified lives.’’ Madam Ms. JACKSON-LEE of Texas. Madam telligence Surveillance Act, or the Pro- Speaker, I would like to know what Speaker, I ask unanimous consent that tect America Act, to allow our intel- part of our American lax immigration when the House adjourns tomorrow, it ligence community the tools that they policy is ‘‘violent.’’ I fail to see how ac- adjourn to meet at 12:30 p.m. on Tues- need to keep us protected. Whether it’s cepting more refugees than any other day, April 22, for morning-hour debate. on not doing anything positive about Nation while providing free health The SPEAKER pro tempore. Is there objection to the request of the gentle- the price of gasoline all across this Na- care, free education, free housing and free social service benefits to millions woman from Texas? tion, the only thing this House has There was no objection. done, this leadership has done is to in- of illegal aliens in this country is in crease the cost of domestic production any way degrading to them or undigni- f of oil by increasing taxes. And who fied. DISPENSING WITH CALENDAR pays those ultimately? You got it, I would like to remind the Pope that WEDNESDAY BUSINESS ON Madam Speaker. Americans. America has long been dedicated to the WEDNESDAY NEXT principle of the rule of law, and there is Whether it is allowing the free and Ms. JACKSON-LEE of Texas. Madam absolutely nothing inhumane about fair trade agreement with Colombia to Speaker, I ask unanimous consent that American immigration statutes or the not come to the floor, to change the the business in order under the Cal- robust but civilized enforcement of it. endar Wednesday rule be dispensed rules so that it can’t come to the floor But perhaps the Pontiff has made so that we kick in the teeth the only with on Wednesday next. these comments with a motive more The SPEAKER pro tempore. Is there real friend that we have in South broad than simply spreading the gos- America, one of the few friends we have objection to the request of the gentle- pel. It’s no secret that the Catholic woman from Texas? in South America, a democratically Church has been having difficulty elected government; or whether it is, There was no objection. maintaining its membership levels and f again, not allowing our intelligence a growing number of religions are com- community to listen to a terrorist on peting for parishioners. AUTHORIZING THE CLERK TO foreign soil, talking to another ter- Indeed, the Wall Street Journal re- MAKE CORRECTIONS IN EN- rorist on foreign soil so that we know cently reported that the ‘‘Catholic GROSSMENT OF H.R. 5715, ENSUR- what the bad guys are going to do be- Church has long been losing members ING CONTINUED ACCESS TO STU- fore they do it. and as much as a third of the native- DENT LOANS ACT OF 2008 Madam Speaker, that’s a crisis of born Catholic population is diminished. Ms. JACKSON-LEE of Texas. Madam leadership. Meanwhile it has gained members Speaker, I ask unanimous consent that

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6301 the Clerk be authorized to make tech- licanism, with a small ‘‘r’’ as he called judges on the Supreme Court, and they nical corrections in the engrossment of them, we, as a Nation, can dig our way have an opportunity to see firsthand, H.R. 5715 to include corrections in out of that financial hole, we as a Na- Mr. Speaker, that the government is spelling, punctuation, section num- tion can return to the prosperity and truly made up of good people doing the bering, and cross-referencing, and in- freedom that the Nation has always en- best they can. And it is just human na- sertion of appropriate headings. joyed, the level of freedom that our ture that when decisions, as Mr. Jeffer- The SPEAKER pro tempore. Is there founders enjoyed. son said, are removed to Washington, objection to the request of the gentle- It’s disturbing to me, as a Member of D.C. where the people can’t see them, woman from Texas? Congress, to see the ease with which can’t not only see what’s going on, but There was no objection. programs like the funding for anyone a real voice in what’s going on, when those decisions are removed to Wash- f in the world who has tuberculosis, AIDS or malaria, under a bill that this ington they become, by nature, less re- b 1500 House passed last week, anyone in the sponsive, less effective in solving the problems of the American people. THOMAS JEFFERSON world in a third world nation that has malaria, TB or AIDS is entitled, at This government has grown so far be- The SPEAKER pro tempore. Under U.S. taxpayer expense, to $1,200 a year yond what the founders intended that the Speaker’s announced policy of Jan- worth of medication. Now, that bill I’m not sure Mr. Jefferson would recog- uary 18, 2007, the gentleman from passed at a time when we’re in this $54 nize the Federal Government today. Texas (Mr. CULBERSON) is recognized trillion hole, when we have an $11 tril- And I know he would be as alarmed as for 60 minutes as the designee of the lion national debt, when every one of I am, as my colleague, my good friend, minority leader. us owe $175,000 a piece. It’s just unbe- Congressman ROSCOE BARTLETT, who Mr. CULBERSON. Madam Speaker, lievable to me and utterly irrespon- will follow me, is with the continued this Sunday was the 265th birthday of sible, the continued expansion of the growth of this government. Thomas Jefferson, one of our Nation’s Federal Government, the continued As fiscally conservative as I am, Mr. Speaker, I’ve found in the time that greatest Founding Fathers, and some- creation of Federal programs like this I’ve been here I’ve become even more one who we, I think, as a Nation do not by this Thelma-and-Louise Democrat fiscally conservative as I see the record pay enough attention to. Congress. To grow the Federal Govern- growth of this government, as I read His birthday, unfortunately, went ment at a time of record debt and def- David Walker’s report. And I encourage largely unnoticed. And I’m going to icit is absolutely intolerable, and it everyone out there to take the time, take this time on the floor today, just has to stop. Madam Speaker, to honor this great Mr. Jefferson’s birthday is an appro- Mr. Speaker, to go to gao.gov and look good man, recognize his genius and the priate time to remember the core prin- at the Fiscal Wake Up Tour and care- fully look at what David Walker has application of his core principles as so- ciples that not only really created the audited and certified as the immense lutions to the core problems our Na- Nation, but would serve us well, as a scope and size of the financial hole that tion faces today, and in conclusion, to Congress, today to help dig out of that the United States finds itself in; $54 read his first Inaugural Address which financial hole, to make sure that we trillion hole that gets $3 to $4 trillion was given in this Capitol on March 4, live within our means. 1801 as a reminder of his genius and as Thomas Jefferson often said that if deeper every year. Comptroller Walker says that the a guideline to really lay out a path for we, as a Nation, would only apply core United States has about 5 to 10 years to the solutions that we really need as a Republican principles to any problem, get our financial house in order. That’s Nation today. the knot will always untie itself. He an extremely important piece of infor- The financial hole the United States was absolutely right about that. Mr. mation. We have, according to the finds itself in today is absolutely un- Jefferson believed that we should trust Comptroller, 10 years tops, probably 5 precedented. The Comptroller of the the good hearts and the good judgment years, to get our financial House in United States, David Walker, who just of individual Americans to make the order, to begin to get control over left office a few weeks ago, audited the right decision. Never entrust the solu- these entitlement programs, to begin books of the United States and con- tion to a problem to the Federal Gov- to get on a path to a balanced budget. cluded that we, as a Nation, are in a $54 ernment except as an absolute last re- We need a constitutional amend- trillion hole, that every living Amer- sort. Washington, D.C. will usually foul ment, ultimately, Mr. Speaker, to get ican would have to write a check for it up. And Mr. Jefferson understood the budget of the United States bal- $175,000 in order to pay off the existing that. And it was not because there anced. We have it in Texas, it works obligations of the Federal Government. aren’t good people here. The Nation’s beautifully. We also have a ‘‘speed gov- That includes the $11 trillion national capital is full of wonderful, good people ernor’’ in Texas in our State constitu- debt to pay off the obligations of Medi- dedicated to representing their dis- tion, it’s something we need here at care, Social Security and Medicaid. All tricts to the best of their ability and the Federal level, where the growth in those existing obligations of all the based on their core principles as they government cannot exceed natural Federal programs already on the books see them. We bring in, in District growth in the economy, that there is are so massive, with the retirement of Seven, 25 young people, one junior from essentially a speed governor on spend- the baby boomers, with the profligate each of the high schools in my district, ing that prevents the legislative body Thelma-and-Louise spending of this I have set up a program as a nonprofit from spending more money than is Democrat Congress, existing financial 501(c)(3), the Bill Archer Student In- brought in by natural growth in the obligations are so severe that we tern Program, to bring one young per- economy, it works well in Texas, along would, every one of us, have to write a son from each of the high schools in with a balanced budget amendment to check today for $175,000 just to pay off my district for a full week, all-ex- the United States Constitution, would those existing obligations even if Con- penses-paid trip to Washington, D.C. so do a lot to get us back on the path that gress didn’t create a single new Federal they can see firsthand that the Na- Comptroller Walker points out that we program. It’s an extraordinary number, tion’s capital is full of people who have must do within the next 5 to 10 years, one that is absolutely terrifying and good hearts, they’re doing the best or else. that not enough Americans know they can to represent their districts Comptroller Walker has certified about. from their perspective. that by 2020, 12 years—young people lis- If we, as a Nation, would just adhere The young people in my district who tening here today, Mr. Speaker, if to the principles of Jeffersonian repub- participate in this program meet Mem- you’re 18 years old, by the year 2020, licanism, if we would remember Mr. bers of Congress, they meet Members of when you’re 30 years old, Medicare is Jefferson’s vision, his genius, his ad- the Senate, they meet administration bankrupt. Social Security is on the herence to the core principles of repub- officials, cabinet members, they meet brink of bankruptcy.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.000 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6302 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 Treasury bonds, the safest invest- years, with the terrible War Between b 1515 ment in the world, according to the the States, the assassination of Abra- John Marshall, the Chief Justice of Comptroller, according to Moody’s and ham Lincoln, the Reconstruction Con- the Supreme Court at that time when Standard and Poor’s, who have already gress, The New Deal, the growth of the he was President, and Mr. Jefferson formally notified the Treasury that Federal Government with the rapid ex- locked horns repeatedly. And one of my they’re beginning the process of down- pansion of power under The New Deal, favorite Jefferson quotes when it came grading U.S. Treasury bonds, Treasury Congress passing laws in areas where to the judiciary was Mr. Jefferson bonds by the year 2020 will be graded as they really don’t have any business, as often said that ‘‘The judiciary ad- junk bonds if we do not stop growing a result, the Federal Government has vances on noiseless steps like gravity, the government and stop spending grown so far beyond anything that the never yielding what they have gained.’’ money on anything but the bare essen- founders envisioned that we today face, And that is so true, Mr. Speaker. Not tials. In our personal lives, Mr. Speak- as David Walker has told us, a $54 tril- only has the Congress, passing laws we er, if we have run up too much debt, if lion liability that equals $175,000 for have no business passing that belong we have a second mortgage on the every living American. within the jurisdiction and control of home, if our credit cards are tapped This obligation, Mr. Speaker, is so State and local governments, not only out, in our personal lives we would all massive that if we were to confiscate has the Congress expanded the size, know what to do, you would quit all the private property of the United power, and cost to the Federal Govern- spending money on anything except States and sell it off at auction, David ment, but an aggressive judiciary has the bare essentials to keep a roof over Walker estimates that would only pay repeatedly expanded the scope of its your family’s head, to pay the bills, to for about 90 percent of this $54 trillion power and responsibility. put groceries on the table, other than obligation. Also, after the election of 1800 when that, you would just quit spending It’s a terrifying number. And the the Republicans and he, as the leader money. But the Federal Government number that we often see for the na- of the Republican Party, took over the has the ability not only to print tional debt of about $11 trillion work- executive branch and won a majority money, but to issue more Treasury ing out to about $45,000 a person, that’s in the United States House and in the bonds. And the money that we spend not the real number, folks. The real United States Senate, Mr. Jefferson here in Congress that is beyond our number is you, Mr. Speaker, I, every said that the Federalists, those who wanted to concentrate all power in means is paid for by debt passed on to living American has to write a check Washington, had ‘‘retreated to the our kids. It’s just intolerable. for $175,000 today to pay off that $54 The Chinese, the foreign investors trillion liability that we are now de- bunkers of the judiciary and turned their guns on the people of the United buy our Treasury bonds today and sup- scending on a path like Argentina, the States.’’ port this profligate spending, but it is dollar becoming like the peso. We, as a Nation, our Treasury bills, And in so many ways, those judges not supportable, it cannot be sus- that Mr. Jefferson was so concerned the safest investment in the history of tained, and we simply must stop spend- about have over time gradually ex- the world, becoming junk bonds. It’s ing money that our kids cannot afford panded the scope of their power where intolerable, it’s inexcusable. And it’s a to pay. It’s inexcusable, it’s intoler- in, for example, the State of Missouri, result of profligate spending by this able. Mr. Speaker, a Federal judge in Mis- And it’s important, on the 265th Congress over far too many years. It’s souri actually ordered a tax increase to birthday of Thomas Jefferson, to re- why I, as the congressman from Dis- pay for public education. Unbelievable, member the core principles that Mr. trict Seven, voted against the farm that a judge would take it upon himself Jefferson lived his life by, that he gov- bill. No Child Left Behind is a violation to tax the people of Missouri to pay for erned this Nation by as our third Presi- of the 10th Amendment, spending public education. He ordered the State dent, to remember the genius of this money we didn’t have. I voted against of Missouri to issue $100 million in great, good man and try to apply those this AIDS in Africa program. I voted bonds, raised property taxes, raised principles to these massive problems against the Medicare Prescription Drug taxes on the people of Missouri to pay we have today; to, first of all, live bill. I voted against, frankly, every sin- for improvements that that Federal within our means; to restrict not only gle one of the major spending initia- judge believed in his ivory tower, in his the size and power and cost of the Fed- tives that have been proposed since I wisdom as Zeus up on Mount Olympus, eral Government, but to roll it back got here in 2001 in recognition that I that the people of the city of St. Louis within the boundaries that the found- just simply will do everything in my needed to improve their schools. And ers originally intended, the narrow power not to pass on this massive debt this judge had the idea that here’s how scope of responsibility as laid out in and deficit to my daughter and to her we’re going to do it and you’re going to the Constitution so beautifully by our kids. It is just inexcusable and unac- pay taxes to pay for it. founders. ceptable. Time after time after time, when The whole idea of the Federal Gov- I rise today, Mr. Speaker, to honor power is concentrated where the people ernment was that it would only have Mr. Jefferson and to read into the can’t see it, where they can’t touch it, those powers expressly delegated to it RECORD his magnificent first Inaugural where it’s in the hands of people that in the Constitution, that, as the 10th Address, his great advice for the Na- are unelected, unaccountable, and in- Amendment says so well, that all tion today, for this Congress, for the visible to the public, bad decisions are power not specifically delegated to the Nation, for the executive branch, for made, Mr. Speaker. The Constitution Federal Government by the Constitu- all of us to just take a moment and suffers, this Nation suffers, and I think tion would be reserved to the States contemplate carefully the genius of as a result of drifting too far from the and the people. Thomas Jefferson, the wisdom of his core principles of Jeffersonian Repub- I came out of the State legislature in core philosophy of republicanism, with licanism, the Nation finds itself where Texas. And the idea behind the State a small ‘‘r,’’ that was focused on the it is today, in a $54 trillion hole where constitutions, I think my friend, Con- preservation of individual liberty and we are on a glide path to become like gressman BARTLETT, served in the trusting individual Americans to con- Argentina, where our treasury bills are Maryland State legislature, the State trol that which they could see with junk, where our dollar is not valued, constitutions give the State legisla- their own eye, as he often liked to say, and we essentially could be within a tures all power that State constitu- shifting power away from Washington decade on the brink of national bank- tions set aside for the legislatures. It’s and back in the hands of locally elected ruptcy. It’s unacceptable. We can stop a broad grant of authority. officials and individual Americans. it just like a hurricane can be dealt The Federal Government is delegated Mr. Jefferson also spent much of his with, Mr. Speaker. If we see the hurri- responsibility in a very narrow way by time fighting the expansion of power of cane coming and know about it, we can the Federal Constitution. And over the the judiciary. deal with it.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6303 It’s important to remember that the So they had come through a bitter ment, our right to be heard in this de- people of Britain won the Battle of election. The Nation had gone right to bate, is, as you will hear Mr. Jefferson Britain because Winston Churchill was the brink of war with France. It was a say, oppression, a violation of the most honest with them and told them how bitter, bitter struggle over whether or fundamental principles of this great dangerous the Nazis were, how severe not the Nation should go to war with American Republic. We see it occur on the threat was to their freedom, that France. John Adams signed the Alien a daily basis, and it’s a tragic and ter- the British people could indeed lose and Sedition Acts. And by signing the rible thing that the Thelma and Louise their island and fall under Hitler’s con- Alien and Sedition Acts, the Federal- Democrat majority has imposed on this trol. But the people of Britain had to ists, led by John Adams, had essen- House, on this Nation, in denying the be told the truth. And Winston Church- tially made it illegal for anyone to Republican minority our opportunity ill told them the truth. And I think we, speak out against the President, to to offer amendments and be heard. So as elected officials, owe our constitu- speak out in a way that would hold out in that sense too, Mr. Jefferson’s words ents the truth about the size and scope the President or the Congress to ridi- have special meaning today. of the $54 trillion liability that has cule, violating, of course, obviously, I have probably read about 60 percent been created over the last 60 years of the first amendment, freedom of of Mr. Jefferson’s works. He is my Democrat and Republican Congresses. speech. And that, of course, also deep- hero. Mr. Jefferson is my role model in Passing that liability on to our chil- ened the separation between Mr. Jeffer- all that I do. In representing District Seven, I do my very best, Mr. Speaker, dren and grandchildren is outrageous, son and Mr. Adams. it’s unacceptable, it’s immoral, it’s That election was especially bitter. to apply core Jeffersonian principles, fundamentally wrong. And I hope we So this inaugural address was given at and on every issue I have found no matter what the problem is, no matter will, all of us, as Members of Congress, a time of deep passionate differences what the issue is, Mr. Jefferson was take guidance from the genius, the wis- between Federalists and Republicans. right. If you apply core Republican dom of Thomas Jefferson as he ad- And that part of his speech, I think, is principles, the knot always unties dressed the Nation in his first inau- also very applicable today. Mr. Speaker, you and I are good itself. I have yet to encounter a prob- gural address on March 4, 1801, after lem that Jeffersonian Republican prin- friends. We, all of us, work together in coming through a bitter election where ciples won’t solve. So, Mr. Speaker, I the House of Representatives had to this House as best we can to advance want to now read into the RECORD the needs of the Nation. There are per- make the final decision as to who was Thomas Jefferson’s first inaugural ad- sonal friendships, certainly among, for to be President. dress on March 4, 1801, at the conclu- He, as leader of the Republican example, the Texas delegation. One of sion of which I will yield back the re- Party, was running against John my very best friends in Congress, my mainder of my hour and turn it over to Adams, the leader of the Federalist good friend HENRY CUELLAR, and my my good friend and colleague Roscoe Party, the second President. They had good friend CIRO RODRIGUEZ, who rep- Bartlett, a fellow dedicated conserv- become fast friends in Paris. Thomas resents the border counties, we were ative who is committed to the core Jefferson and John Adams and Abigail elected together in 1986 in the Texas principles of our Constitution. Mr. Adams had become just inseparable legislature. We remain devoted friends, BARTLETT is someone I admire deeply, friends during their time together in and all of us in the Texas delegation a fellow Jeffersonian. Paris, in Europe. They had become put Texas first. When it comes to the And before reading Mr. Jefferson’s in- friends, of course, during the time of needs of our State, party labels don’t augural address, his greatest speech the writing of the Declaration of Inde- matter. We’re Texans first and do what perhaps, I think, and in the opinion of pendence. It was John Adams who put we can to help the State of Texas. And scholars, they believe Mr. Jefferson’s Thomas Jefferson on the committee I know that’s true of other State dele- first inaugural address is his greatest, and insisted that Mr. Jefferson write gations. It’s especially true in Texas. let me also point out, Mr. Speaker, the Declaration of Independence and And in the inaugural address that something else important. This good John Adams who continued to support Mr. Jefferson gave in 1801, he was man, at the end of his life, wrote on his and encourage Thomas Jefferson. They speaking of the need to bring the Na- tombstone three things. If you visit were fast personal friends. tion together and to not let party la- Monticello and visit Mr. Jefferson’s But in the election of 1800, they had bels or party fights get in the way of grave, it says on his tombstone that he a falling out because of their funda- doing the right thing for the Nation. was the author of the American inde- mental difference of opinion about the So part of what you will hear Mr. Jef- pendence, the author of the Virginia direction the Nation should go. Mr. ferson say to the Nation, I think, is es- Statute of Religious Freedom, and the Adams believed in a strong, powerful pecially appropriate today, that we do father of the University of Virginia. central government and the concentra- all that we can to put those partisan Mr. Jefferson listed those three things tion of authority in Washington, D.C. distinctions aside. because in his mind those were his Mr. Jefferson believed firmly in the But as I read his inaugural address three greatest achievements. He want- preservation of our constitutional sep- and as you hear his words, it’s also im- ed to list on his tombstone those aration of powers and the preservation portant for the majority here to re- things that he had done for the Amer- of the rights of the States and the peo- member Mr. Jefferson’s admonition ican people rather than those things ple as the best and most responsible that, although the will of the majority that they had done for him. All the of- guardians of liberty. And that funda- is in all cases to prevail, that will to be fices that he had held, the incredible mental difference of opinion about rightful must be reasonable and pro- array of honors that had been his where true power should lie led to their tect the rights of the minority. Be- throughout his life. In fact, Mr. Speak- running against each other for Presi- cause this majority, this Thelma and er, there was a wonderful letter that dent. Louise Democrat majority in this Con- Mr. Jefferson wrote towards the end of Aaron Burr was running also. And in gress that’s driving America right off a his life in February of 1826. He died, of the election of 1800, the electoral col- financial cliff, this Thelma and Louise course, on July 4, 1826, 50 years to the lege wound up being deadlocked. It was Democrat majority doesn’t often hold minute after he presented the Declara- a tie between Aaron Burr and Thomas public hearings on bills. They drop bills tion of Independence to the Conti- Jefferson, and the House of Representa- out here on the floor without public nental Congress. Mr. Jefferson held on, tives had to make the final decision. hearings. There’s no opportunity for although he was unconscious. He knew Each State being given one vote, there amendment. There’s very little oppor- that he was close to the 4th. He actu- was a deadlock, and I think it was 37 tunity for debate, just fundamentally ally breathed his last at about 1 p.m. ballots that had to be cast before Mr. destroying the whole purpose of this on July 4, 1826, at almost the exact mo- Jefferson was finally selected as Presi- great deliberative body. And denying ment that 50 years earlier the com- dent. the minority our right to offer amend- mittee, Mr. Adams, Dr. Franklin, and

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6304 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 Mr. Jefferson, had presented the Dec- stitution to be salvaged and to be pre- right, advancing rapidly to destinies laration to the Continental Congress. served for future generations. beyond the reach of mortal eye—when Mr. Jefferson had, about 4 months And with that in mind, Mr. Speaker, I contemplate these transcendent ob- earlier, wrote a letter justifying lot- Mr. Jefferson stood up in the old Sen- jects, and see the honor, the happiness, teries, because he couldn’t balance his ate Chamber, just across the Rotunda, and the hopes of this beloved country checkbook and Monticello was going to there is a plaque that people can see committed to the issue and auspices of have to be sold to pay off his creditors, today in the old Senate Chamber. Mr. this day, I shrink from the contempla- which broke his heart. And someone Jefferson was known for giving speech- tion, and humble myself before the had come up with the idea of having a es. And he had a very soft voice. He magnitude of the undertaking. lottery to help pay for the debts that was a little hard to hear. Eloquent and ‘‘Utterly, indeed, should I despair did he had incurred. And, of course, a lot- magnificent writer that he was, he was not the presence of many whom I see tery, being gambling, it really worried a little hard to hear in public speeches. remind me that in the other high au- Mr. Jefferson. And he wrote a long jus- And he stood up in the Senate Cham- thorities provided by our Constitution tification for this lottery that would ber. There was a lot of strong emotion I shall find resources of wisdom, of vir- sell tickets to save Monticello. And I in the room, a lot of anger. John tue and of zeal on which to rely under recommend it to people to take a look Adams did not even attend the inau- all difficulties. To you, then, gentle- at because in this long justification, guration. He was so angry. men, who are charged with the sov- called Thoughts on Lotteries and it’s And as a quick side note, if you have ereign functions of legislation, and to dated, I think, February of 1826, Mr. not seen or not watched the magnifi- those associated with you, I look with Jefferson lays out all of the great ac- cent HBO series on John Adams, you encouragement for that guidance and complishments in his life. After going should. Having not subscribed to HBO support which may enable us to steer through all the good things that lot- before, we did subscribe for a couple of with safety the vessel in which we are teries have done in the past, he says months just for the sole purpose of see- all embarked amidst the conflicting that for no other reason people buy a ing that magnificent production of elements of a troubled world. lottery ticket, they should perhaps re- David McCullough’s biography of John ‘‘During the contest of opinion member his services to the Nation, and Adams that Tom Hanks is responsible through which we have passed the ani- he lists all that he had done with his for, and a great, good thing that Tom mation of discussions and of exertions incredible life: Secretary of State, Min- Hanks has done for the Nation in has sometimes worn an aspect which ister to France, Vice President, Presi- bringing David McCullough’s book to might impose on strangers unused to dent of the United States, the author the Nation. It is a magnificent series, think freely and to speak and to write of the Declaration of Independence, and I recommend it to you. what they think, but this being now de- this incredible list of accomplishments And you will see in there that John cided by the voice of the Nation, an- in his life. Adams was so upset by his defeat that nounced according to the rules of the he didn’t even attend the inauguration Constitution, all will, of course, ar- b 1530 of Thomas Jefferson. And Mr. Jefferson range themselves under the will of the And most revealingly, Mr. Speaker, therefore stood up and gave this speech law, and unite in common efforts for Thomas Jefferson says at the end of it in a very, very tense atmosphere in the the common good: all, listing all of those accomplish- old Senate Chamber. There were a lot ‘‘All, too, will bear in mind this sa- ments, Mr. Jefferson says, ‘‘Of all these of angry people in the room. The Na- cred principle, that though the will of things that I have done with my life, tion, frankly, at one point, when the 34 the majority is in all cases to prevail, the most important thing that I have ballots were being cast in that dead- that will, to be rightful must be rea- ever done was to be a partisan Repub- lock, there was even discussion of the sonable; that the minority possess lican, to head the Republican party.’’ militia in Virginia going to the old ar- their equal rights, which equal law Because Mr. Jefferson said ‘‘it was mory there in Williamsburg and taking must protect, and to violate will be op- the Republicans that I, as the leader of out weapons, a militia marching on pression. the Republicans in the Senate, and Al- Washington to ensure Mr. Jefferson’s ‘‘Let us, then, fellow-citizens, unite bert Gallatin, as the leader of the Re- election because of this deadlock. with one heart and one mind. Let us re- publicans in the House, that essen- So tensions were high. Partisan feel- store to social intercourse that har- tially saved the Republic, that held on ings were strong. Yet Mr. Jefferson mony and affection without which lib- to the core principles of the Constitu- stood up and gave his inaugural ad- erty and even life itself are but dreary tion at the time under the Alien and dress, his greatest speech at a time things. And let us reflect that having Sedition Act when the Adams adminis- when the Nation truly could have been banished from our land that religious tration was furiously concentrating split apart. New England even talked intolerance under which mankind so power in the hands of the Federal Gov- about leaving the Union. long bled and suffered, we have yet ernment, that the Republicans in the In that atmosphere, Mr. Jefferson gained little if we countenance a polit- Congress, the Republicans in the State stood up on March 4, 1801, and gave the ical intolerance as despotic, as wicked, legislature, and the phalanx of the following speech. and capable of as bitter and bloody per- State legislatures,’’ as Mr. Jefferson ‘‘Called upon to undertake the duties secutions. said, ‘‘it was the Republican party that of the first executive office of our ‘‘During the throes and convulsions truly saved the Republic,’’ and that country, I avail myself of the presence of the ancient world, during the agoniz- being partisan, being the leader of the of that portion of my fellow-citizens ing spasms of infuriated man, seeking Republican party, in Mr. Jefferson’s which is here assembled to express my through blood and slaughter his long- mind, was his greatest accomplishment grateful thanks for the favor with lost liberty, it was not wonderful that because it led to the election of 1800 which they have pleased to look toward the agitation of the billows should and the salvation of the Nation. me, to declare a sincere consciousness reach even this distant and peaceful Mr. Jefferson always thought of the that the task is above my talents, and shore; that this should be felt and election of 1800 as the revolution of that I approach it with those anxious feared by some and less by others, and 1800, and by electing a Republican ma- and awful presentiments which the should divide opinions as to measures jority to the House in 1800, a Repub- greatness of the charge and the weak- of safety. lican majority to the Senate, a Repub- ness of my powers so justly inspire. ‘‘But every difference of opinion is lican President, Republicans had been ‘‘A rising Nation, spread over a wide not a difference of principle. We have elected in State legislatures across the and fruitful land, traversing all the called by different names brethren of Nation, that Mr. Jefferson believed seas with the rich productions of their the same principle. We are all Repub- that that election was decisive and al- industry, engaged in commerce with licans, we are all Federalists. If there lowed the core principles of the Con- nations who feel power and forget be any among us who would wish to

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6305 dissolve this Union or to change its Re- sequently those which ought to shape that it will rarely fall to the lot of im- publican form, let them stand undis- its administration. I will compress perfect man to retire from this station turbed as monuments of the safety them within the narrowest compass with the reputation and with the favor with which error of opinion may be tol- they will bear, stating the general which bring him into it. erated where reason is left free to com- principle, but not all its limitations. ‘‘Without pretensions to that high bat it. I know, indeed, that some hon- ‘‘Equal and exact justice to all men, confidence you reposed in our first and est men fear that a Republican govern- of whatever state or persuasion, reli- greatest revolutionary character, ment cannot be strong, that this gov- gious or political; whose preeminent services had entitled ernment is not strong enough; but ‘‘Peace, commerce and honest friend- him to first place in his country’s love would the honest patriot in the full ship with all nations, entangling alli- and destined for him the fairest page in tide of successful experiment, abandon ances with none; the volume of faithful history, I ask so a government which has so far kept us ‘‘The support of the State govern- much confidence only as may give free and firm on the theoretic and vi- ments in all their rights, as the most firmness and effect to the legal admin- sionary fear that this government, the competent administrations of our do- istration of your affairs. world’s best hope, may by possibility mestic concerns and the surest bul- want energy to preserve itself? I trust warks against anti-Republican ten- ‘‘I shall often go wrong through de- not. On the contrary, I believe this, the dencies; fect of judgment. When right, I shall strongest government on Earth. I be- ‘‘The preservation of the general gov- often be thought wrong by those whose lieve it is the only one where every ernment in its whole constitutional positions will not command a view of man, at the call of the law, would fly vigor, as the sheet anchor of our peace the whole ground. I ask your indul- to the standard of the law, and would at home and safety abroad; gence for my own errors, which will meet invasions of the public order as ‘‘A jealous care of the right of elec- never be intentional, and your support his own personal concern. Sometimes tion by the people—a mild and safe cor- against the errors of others, who may it is said that man cannot be trusted rective of abuses which are lopped by condemn what they would not if seen with the government of himself. Can the sword of revolution where peace- in all its parts. The approbation im- he, then, be trusted with the govern- able remedies were unprovided; plied by your suffrage is a great con- ment of others? Or have we found an- ‘‘Absolute acquiescence in the deci- solation to me for the past, and my fu- gels in the form of kings to govern sions of the majority, the vital prin- ture solicitude will be to retain the him? Let history answer this question. ciple of Republics, from which there is good opinion of those who have be- ‘‘Let us, then, with courage and con- no appeal but to force, the vital prin- stowed it in advance, to conciliate that fidence pursue our own Federal and Re- ciple and immediate parent of des- of others by doing them all the good in publican principles, our attachment to potism; my power, and to be instrumental to union and representative government. ‘‘A well-disciplined militia, our best the happiness and freedom of all. Kindly separated by nature and a wide reliance in peace and for the first mo- ‘‘Relying, then, on the patronage of ocean from the exterminating havoc of ments of war till regulars may relieve your good will, I advance with obedi- one-quarter of the globe; too high- them; ence to the work, ready to retire from minded to endure the degradations of ‘‘The supremacy of the civil over the it whenever you become sensible how others; possessing a chosen country, military authority; much better choice it is in your power with room enough for our descendants ‘‘Economy in the public expense, that to make. And may that Infinite Power to the thousandth and thousandth gen- labor may be lightly burdened; which rules the destiny of the universe eration; entertaining a due sense of our ‘‘The honest payment of our debts lead our councils to what is best, and equal right to the use of our own fac- and sacred preservation of the public give them a favorable issue for your ulties, to the acquisitions of our own faith; peace and prosperity.’’ industry, to honor and confidence from ‘‘Encouragement of agriculture, and our fellow-citizens, resulting not from of commerce as its handmaid; Mr. Speaker, Mr. Jefferson’s first in- birth, but from our actions and their ‘‘The diffusion of information and ar- augural address holds so much wisdom sense of them; enlightened by a benign raignment of all abuses at the bar of for us today at the start of the 21st religion, professed, indeed, and prac- public reason; century, just as it did at the start of ticed in various forms, yet all of them ‘‘Freedom of religion; the 19th century, as surely his core inculcating honesty, truth, temper- ‘‘Freedom of the press; principles are the touchstone by which ance, gratitude and the love of man; ‘‘And freedom of person under the I measure my work on behalf of the acknowledging and adoring an over- proceedings of habeas corpus, and trial people of District 7. And in reading his ruling Providence, which by all its dis- by juries impartially selected. magnificent speech today, I want to pensations proves that it delights in ‘‘These principles form the bright honor this great, good man, to cele- the happiness of man here and his constellation which has gone before us brate his 265th birthday, to recognize greater happiness hereafter—with all and guided our steps through an age of Thomas Jefferson’s genius, his con- these blessings, what more is necessary revolution and reformation. The wis- tribution to this Nation, and to recom- to make us a happy and prosperous dom of our sages and blood of our he- mit myself in the service of the people people? Still one thing more, fellow- roes have been devoted to their attain- of District 7 to the core principles of citizens—a wise and frugal govern- ment. They should be the creed of our Jeffersonian Republicanism, through ment, which shall restrain men from political faith, the text of civic in- which I have absolutely no doubt we injuring one another, shall leave them struction, the touchstone by which to will dig ourselves out of this immense otherwise free to regulate their own try the services of those we trust; and fiscal hole we find ourselves in and re- pursuits of industry and improvement, should we wander from them in mo- store the hope that Mr. Jefferson had and shall not take from the mouth of ments of error or of alarm, let us has- for the future. labor the bread it has earned. This is ten to retrace our steps and to regain the sum of good government, and this After all, this is the greatest country the road with alone leads to peace, lib- ever created in the history of the is necessary to close the circle of our erty and safety. felicities. world, and I have no doubt that the fu- ‘‘About to enter, fellow-citizens, on b 1545 ture is limitless for us as Americans. the exercise of duties which com- ‘‘I repair, then, fellow-citizens, to the I am proud to yield back the balance prehend everything dear and valuable post you have assigned me. With expe- of my time and turn the floor over to to you, it is proper you should under- rience enough in subordinate offices to my good friend, my colleague, someone stand what I deem the essential prin- have seen the difficulty of this the I admire immensely, a fellow Jeffer- ciples of our government, and con- greatest of all, I have learnt to expect sonian, ROSCOE BARTLETT of Maryland.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6306 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 MESSAGE FROM THE PRESIDENT He says, ‘‘In the 8,000 years from the recycle energy. When it is used, it is A message in writing from the Presi- beginning of history to the year 2000 gone. They were created by solar en- dent of the United States was commu- A.D.,’’ he was looking ahead, ‘‘world ergy a very long time ago, he says 50 nicated to the House by Mr. Sherman population will have grown from 10 million years ago. It took eons to grow Williams, one of his secretaries. million to 4 billion.’’ He really missed to their present volume. that, didn’t he? It is nearly 7 billion. f In the face of the basic fact that fos- He really had a pretty good concept of sil fuel reserves are finite, the exact PEAK OIL what energy was doing for us, but he length of time—I want you to listen to The SPEAKER pro tempore (Mr. had underestimated the contribution this statement, so insightful—the ALTMIRE). Under the Speaker’s an- that energy would make to the growth exact length of time these reserves will nounced policy of January 18, 2007, the of our population, because we are now last is important in only one respect. gentleman from Maryland (Mr. BART- somewhere near 7 billion people, with The longer they last, the more time LETT) is recognized for 60 minutes. 90 percent of that growth, more than 90 that we have to invent ways of living Mr. BARTLETT of Maryland. Mr. percent, taking place during the last 5 off renewable or substitute energy Speaker, if Thomas Jefferson could be percent of that period, in 400 years. It sources and to adjust our economy to resurrected today, he would be sur- took the first 3,000 years of recorded the vast changes which we can expect prised by many things that he found. history to accomplish the first dou- from such a shift. As my good friend from Texas just in- bling of population, 100 years for the Fifty-one years ago. Tremendous ad- dicated, he would be enormously sur- first doubling, but the next doubling vice. He recognized this. And he says prised by the size of our Federal Gov- will require only 50 years. And, of we were living in a golden age. Exactly ernment, because he had envisioned a course, it required less than that, be- how long this golden age lasted would country in which we had a very limited cause we are now far more than dou- be only important in one regard. The Federal Government. bled. But there is something else that I re- The next chart kind of depicts what longer it lasted, the more time we member about Thomas Jefferson that Hyman Rickover was talking about. would have to shift to alternative would really surprise him today. What What this shows is the last part of that sources of fuel, because fossil fuels, oil, he wanted for his new country was a 8,000 years of recorded history. We have gas and coal, are not infinite. They are largely agrarian society, with just here only about 400 years of it. But if finite. They will run out. The only enough cities to provide the manufac- you went back the rest of the 8,000 question was not if, it was when will turing necessary to sustain an agricul- years, the graph would look about the they run out. He said the longer they tural economy. He wanted this, he said, same. The production of energy was lasted, the more time we would have to because he didn’t want his new country down there so near zero that it looked invent ways of living off renewable or to be blighted by the decadence of cit- like it was on the zero line. substitute energy sources. ies, as were the countries of Europe Here we see the beginning of the In- The world has done essentially none and the British Isles that they came dustrial Revolution. It began with of that in the 51 years since he made from. He really, really would be quite wood, of course. That is the brown line that statement and gave that counsel. surprised if he could be resurrected and there. Then we discovered coal and we We have behaved in our use of fossil come to our country today, wouldn’t produced considerably more energy. fuels as if they were in fact infinite, as he, where far, far more than half of our Then we discovered gas and oil, and, if they would always be there. Tomor- people live in cities far larger than any boy, it shot up. Now, if I had a curve of row there will be another huge find, he could have imagined at that time. the growth in population, it would just and we can just go on using as much Mr. Speaker, this, I believe, is the track almost precisely this curve in energy as we wish for as long as we 42nd time that I have come here to the the increase in energy available. wish. floor to talk about energy and pri- This is an interesting curve, and I The next chart is another quote from marily about oil. The first time I came would like to spend just a moment Hyman Rickover. ‘‘Whether this golden here was a little over 3 years ago. Oil looking at it. It is a very steep curve. age will continue depends entirely was just over $50 a barrel then, and I Now, we can make this curve much less upon our ability to keep energy sup- was talking about a history that, had steep if we spread out the abscissa and plies in balance with the needs of our we paid attention to it, would have compress the ordinate, and a little growing population.’’ And oil is $115 a told us that today, or sometime rough- later we will have some curves that are barrel and gas is $3.50 a gallon at the ly near this, we would be here with oil that way. But you can still see the es- pump because we have not been able to at $115 a barrel, that is what it touched sentials of what this curve shows you. keep energy supplies in balance with in Asia overnight, and with gasoline at Here is the oil price spike hikes of the needs of our growing population the pump out there averaging some- the seventies. You will see it resulted and our growing economies in this where near $3.50 a gallon. in a worldwide recession that actually country and around the world, and we It was absolutely inevitable that we reduced the use of oil. And now, after now have an imbalance between supply would be here. It was predicted that we recovery from that recession, with a and demand. The demand is greater would be here. And with all of these great deal more respect for efficiency, than the supply, and whenever that warnings, we really should have been we are now increasing our use of en- happens, of course, the price goes up, doing something about that, and why ergy at a very much lesser slope. and the price has gone up. we weren’t is a very interesting sub- Now, in this chart where we have ject. such a compressed abscissa, that is not The next chart is a quote from one of There were two speeches given on en- as evident. It will be later. Later when four studies that have been paid for by ergy in the last century that I think we come to that I will point to the fact your government and have been pretty will be increasingly recognized, one of that this very steep curve, were it to much ignored by your government. All them as the most important speech have continued, we would be off the top four of these studies have said essen- given, and the other one the most in- of the chart and we would be in consid- tially the same thing, that peaking of sightful speech given. erably more trouble relative to energy oil is either present or imminent, with I have here a quote from what I think than we are today. potentially devastating consequences, was perhaps the most insightful speech The next chart is another quote from and we really need to be doing some- given on energy. It was a speech given this great speech that Hyman Rickover thing about that. by Admiral Hyman Rickover, the fa- gave a little over 50 years ago. ‘‘There The Corps of Engineers was one of ther of our nuclear submarine, to a is nothing that man can do to rebuild those studies, the second one, in Sep- group of physicians in St. Paul, Min- exhausted fossil fuel reserves.’’ When tember of 2005. An earlier one, the nesota, on the 14th day of May, 1957. they are gone, they are gone. You can’t Hirsch Report, was in February of 2005.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6307 Then last year there were two more re- we have, and we have only 2 percent of Here is one, they tried to buy Unocal ports, one by the Government Account- the known reserves of oil in the world. in our country. You see their symbol ability Office, and the other by the Na- The next chart has this in some num- all over the world. They are aggres- tional Petroleum Council. bers, and these numbers inspired 30 of sively buying oil all over the world. Oil, they said, is the most important our prominent Americans, Jim Wool- In today’s world it really doesn’t form of energy in the world today. His- sey, McFarland, Boyden Gray and 27 make any difference who owns the oil, torically, no other energy source others to write several years ago a let- the person who has the dollars. It’s an equals oil’s intrinsic qualities of ter to the President saying, Mr. Presi- auction, a bidding process. The person extractability, transportability, dent, the fact that we have only 2 per- who has the dollars buys the oil. versatility and cost. It has been really cent of the world’s oil reserves, and we Why would China be buying up oil if cheap. One barrel of oil represents the used 25 percent of the world’s oil and they simply come with the dollars and work output of 12 people working all import almost two-thirds of what we you buy all the oil they need on the year, 25,000 man-hours of effort. use is an almost totally unacceptable world market? Well, it’s hard to get in- When I first saw that statistic, I said, national security risk, and we really side another person’s head, but it may gee, that can’t be true. Then I thought have got to do something about that. just be that they are looking to the about it, how far that gallon of gas, That’s true that this represents a huge day when they will not be able to share still cheaper than water in the grocery national security risk. their oil with the world. store, carries my Prius; about 47–48 This was recognized in our next chart Now, all the oil in all the world is miles. by the Secretary of State in a com- shared with all of the world. It’s all a ment that she made before a Senate huge auction pool and everybody con- b 1600 committee just a bit over 2 years, April tributes and everybody buys. That I know I could pull my Prius 47, 48 5, 2006. ‘‘We do have to do something happy day may end. miles with a come-along and using about the energy problem—I can tell The next chart. If you had only one guardrails and trees and so forth. How you that nothing has really taken me chart to look at to inform yourself long would it take me to pull my Prius aback more as Secretary of State than about where we are and what the chal- 47 miles? the politics of the way energy is. I will lenge is, I think this would be the Certainly it is true that historically use the word ‘warping’ diplomacy chart. This chart shows bars that rep- no other energy resource equals oil’s around the world. We have simply got resent the amount of oil that we dis- qualities. Its quality of energy and the to do something about the warping now covered year by year. You see that we quantity of energy in these fossil fuels, of diplomatic effort by the all-out rush had huge, huge discoveries back in the particularly, oil is just incredible. for energy supply.’’ In that all-out 1960s and 1970s. That’s one of the big challenges we face rush, China is scouring the world and Then from about the 1980s, I am real- in finding alternatives for these fossil buying up oil reserves wherever they ly starting about the 1970s on, we pro- fuels is something that has the quality can find them. gressively found, choppy up and down, The next chart looks again at the and the quantity of the energy in these but less and less and less oil. That’s in geopolitical picture. Why is oil just so fossil fuels. spite of ever-better techniques for find- expensive? Many people believe that The next chart is a cartoon that ing oil. OPEC is gouging us. Others believe asked the question ‘‘Just why is gas so The solid black line here represents that our oil companies are gouging us. expensive?’’ You can see here a tiny lit- the oil that we have used. Here is the tle supply and a huge demand, and The truth, of course, is that the price of oil is determined by the relationship 1970s, and notice the reduction in use that, of course, is why oil is so expen- there as a result of a worldwide reces- sive. It’s because the demand exceeds between the supply of oil and the de- mand for oil. sion brought on by the oil price spike the supply. Our large companies and the coun- hikes then. This problem is an even more de- tries that are producing oil just happen Now, this is an expansion of the ab- manding problem than just a supply to be happy recipients of this con- scissa—and I indicated earlier we and demand, because as the next chart fluence of events which demands more would have a chart where there is a shows us, the major supplies of oil oil than is available and so the price is huge difference in slope. Remember we come, as the President said in one of up. had that red one just going straight up. his State of the Union messages from What this chart looks at is the top 10 If we could compress this abscissa we countries that don’t even like us, this of the oil and gas companies on the could make that one go almost is a chart which shows what the world basis of how much oil they have. You straight up. would look like if the size of the coun- see that 98 percent of these top 10 are But notice how much less the slope is try was relative to how much oil it had all countries, they are not companies. after the recession of the 1970s. That’s in the ground. Most of the oil in the world is not because the world woke up and said, You see here that Saudi Arabia domi- owned by companies, it’s own by coun- gee, oil is expensive, isn’t it, and we nates the landscape. Saudi Arabia rep- tries. LUKOIL, which is kind of an can do better, and let’s be more effi- resents about 22 percent of all the re- independent oil company in Russia, is cient. serves of oil in the world, and you see only 2 percent at the top of this bar. The air conditioner you have today how large the reserves are in countries The bar here looks at the top 10 oil may be two or three more times more like Iraq and tiny little Kuwait and the and gas companies on the basis of pro- efficient, as is your refrigerator. We United Arab Emirates. You almost duction. Now, we have huge oil compa- now have fluorescent lights, and they have to have a magnifying glass to see nies. ExxonMobil, the largest one in are very much more efficient than in- them, they are so small. Look how the world, Royal Dutch/Shell, BP, col- candescent lights. So this lesser slope huge they are relative to oil, then Iran lectively, they produce only 22 percent of the curve represents increased effi- huge. Russia, just a couple of days ago, of the oil, and these state-owned fields ciency. Were it not for that, notice Russia had indicated that had they had produce only 78 percent of the oil. where we would be on the curve now, reached a maximum capacity for pro- The next chart I mentioned, China’s we would be off the top of the chart ducing oil. interest in scouring the world and now, wouldn’t we, if this kept going. The United States, we have 2 percent looking for oil, wherever you see a dol- By the way, I want to just make one of the known reserves of oil in the lar sign on this chart, we have bought observation about exponential growth. world. We use a fourth of the world’s some oil. Here I see a dollar sign here, This is, of course, exponential growth. oil. What I really would like to focus I see a dollar sign, not very many of Albert Einstein was asked, Dr. Ein- on is the size of India and China over them. When you see this little Chinese stein, what will be the next big force their more than a third of the world’s symbol kind of a sign here that’s where we find after nuclear energy? His re- population, and they have less oil than China has bought oil. sponse, the most powerful force in the

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6308 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 universe is the power of compound in- green squares there, and they tended to the chart. We need to make a new terest. be a little bit higher going down the chart to show where 115. Just 2 percent growth, that’s so ane- slope on the other side of Hubbert’s The question I ask myself and audi- mic, that our market doesn’t like it. It peak. Some would have you believe the ences is: If M. King Hubbert was right really kind of teeters, it stutters a lit- difference between M. King Hubbert’s about the United States, which is a mi- tle and doesn’t grow with 2 percent predictions the gold triangles and the crocosm of the world, we did peak in growth. Things tend to be pessimistic, oil that we actually pump indicate that 1970, and it is clear every year after but 2 percent growth doubles in 35 he didn’t really know what he was that we have less and less oil, why years, it’s 4 times bigger in 70 years, talking about. wouldn’t the United States be a micro- it’s 9 times bigger in 105 years and it’s Well, it did peak in 1970, and it did go cosm of the world, and he predicted the 16 times bigger in 140 years, just 2 per- down after that. If you aren’t a stat- world would be peaking about now, cent growth, compound growth. So if istician, I think the average person why wouldn’t we have done something this compound growth had continued, would look at that and say, gee, he about that? Why have we continued to this will be off the top of the page. really got it pretty right didn’t he. behave as if gas and oil and coal were That was kind of a trauma going Now the red squares there on the forever, that they would never run out? through the 1970, but we really should other side represent the total amount What we want to do now is to rush out look back on it and say how lucky we of oil that we pump, because he had to our public lands to offshore, to were that we had a wake-up call be- only predicted the lower 48, and we ANWR, and to drill. I asked them, if cause look what happened? We got added huge amounts of oil from Alas- you can drill ANWR tomorrow, what much more efficient, and so now we are ka, a fourth of our total production for will you do the day after tomorrow? in much less trouble than we would the last several years, and from the And there will be a day after tomor- have been had we not had this chalk, Gulf of Mexico. Even with those hugely row. and we would have continued along large extra supplies, there was still I think about that. I have 10 kids and this curve. just a blip in the slope down the other 16 grandkids and 2 great-grandkids. The next chart, the next chart is one side of Hubbert’s peak. They are going to be here the day after from the U.S. Corps of Engineers. In Now the same person that predicted tomorrow. We are leaving them a huge general, all nonrenewable resources that the United States would be peak- debt. Check my voting record, it is not follow a natural supply curve, produc- ing in 1970. In 1979, he predicted that my fault. We are leaving them a huge tion increases rapidly, slows, reaches a the world would be peaking about now. debt, and I asked them, Wouldn’t it be peak and then declines at a rapid pace We have kind of blown, not kind of, nice if we left them a little oil. And similar to its initial increase. they smile, and the next thing they are The major question for petroleum is we have blown the last 28 years, be- asking, Would you vote to drill in not whether production will peak, this cause by 1980, here we are in 1980, we ANWR. No, I won’t. Or on our public is one of the four studies your govern- looked back and, boy, M. King Hubbert ment paid for and is now ignoring. It’s was right about the United States. We lands or offshore until you commit to not whether the production will peak did peak in 1970. In spite of drilling me that you will use every bit of en- but when. Oil is not infinite in its sup- more oil wells than all the rest of the ergy you get from those sites to invest ply, it is finite. There is only so much. world put together, we have not been in alternative energy because we have One day we will reach our maximum able to make a liar out of M. King now run out of surplus energy. If we capabilities for producing oil. There Hubbert. had any surplus oil, it wouldn’t be $115 are many estimates of recoverable pe- Today we produce about half of the a barrel today, would it. So I will vote troleum reserves giving rise to many oil we produced in 1970. In the lower 48 to drill there when I have a commit- estimates of when peak oil will occur we produce way less than half of the oil ment that we will use all of the energy and how high the peak will be. A care- that we produced then. we get there and invest it in the devel- opment of alternatives. ful review of all the estimates leads to b 1615 the conclusion that world oil produc- The next chart is a detailed chart of tion may peak within a few short Now in 1979 he predicted that the our production and decline. Here is years, after which it will decline. world would be peaking about now. what M. King Hubbert predicted of Once peak oil curves, then the his- The next chart has data from two en- Texas and the rest of the United toric patterns of world oil demand and tities in our world that are pretty good States. And then we have learned to price cycles will cease. They might at tracking how much oil we pump and get some gas from natural gas liquids, have gone on to explain what that’s use. By the way, we use all we pump. a huge find in Alaska, a big find in the going to do to our economy. There are no big reservoirs of oil wait- Gulf of Mexico, just a blip in the slide The next slide—and I have to go back ing to be used. I would caution that I down the other side of Hubbert’s peak. more than 50 years to put this in con- don’t think these entities have the The next chart shows some projec- text—on the 8th day of March in 1956, same fidelity in predicting how much tions of what we will find in the future. the most important speech, what I more we will find in the future, but Although with really good techniques think will certainly recognize will be they do a very good job of tracking and a lot of energy, we have gone out the most important speech of the last what we’ve used. This is the EIA and there, a lot of incentives, we have century was given, and this speech was the IEA. The IEA is the International looked for the last remaining oil depos- given by a Shell Oil Company scientist, Energy Agency. You hear them re- its and we have found less and less and M. King Hubbert, to a group of physi- ferred to. They are the ones that are less as time goes on. What this curve cians in St. Paul, Minnesota. tracking what is going on in Iran with does is smooth out the big bars we saw At that time, the United States was their nuclear thing. And the EIA is the before. Here we are at this point. They king of oil. We were producing more Energy Information Administration were projecting how much more we oil, consuming more oil and shipping and is a part of our own Department of were going to find. We don’t have time, more oil than any country in the Energy. Both of those have oil produc- but there is a really interesting meta- world. What M. King Hubbert told tion plateauing; one of them for about morphosis that took place here. them was that in 16 short years, 14 3 years, and the other for about a year The USGS, in trying to predict how short years, you are going to reach and a half. much more oil we would find, has sev- your maximum production of oil. He What happens when demand keeps eral computer models. They put dif- made that prediction in 1956. And sure going up and supply stagnates? This ferent data into those models, and they enough in 1970, the yellow symbols here price curve shows you what happens. get different results out. They have run we reached our maximum production. We had a comfortable dip here in prices many simulations, and they put all of Now, the actual maximum produc- less than a year ago, but now they are those simulations on a chart and they tion was a little bit higher, it was the skyrocketing, and $115 is off the top of get the mean of the simulations. They

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6309 think that they are putting in good the deficit between what we would like 2015, supplies of easy-to-access oil and data and so they should be getting out to use and what will be available. Fill- gas will no longer keep up with de- good data. They take the mean of ing the gap, I think, is not feasible. mand.’’ That may have already hap- those, and they say this is the most And what Hyman Rickover cautioned pened, as we noted from that former probable amount of oil we will find. 50 years ago, 51 years ago now, we chart and as we see with gas over $10 Somehow that ‘‘F’’ for frequency, should note today, and that is we need and oil over $115 a barrel. maybe it was a bad font, but somehow to plan in an orderly fashion to move ‘‘As a result’’ he says, ‘‘society has it showed up as a ‘‘P’’ or probability from fossil fuels to sustainable renew- no choice but to add other energy when it got to EIA. And then they ables because geology will demand it. sources.’’ make some bizarre applications of sta- We will move when the oil is not there, Have you noticed society doing that tistics. when the gas is not there, and when the at any aggressive clip? They say that the 50 percent prob- coal is not there. Then we will have The next chart, and I want to spend ability, the green one here, which they moved to alternatives. Whether that is some meaningful amount of time look- say is the mean, and of course 50 per- a bumpy ride or a really bumpy ride ing at what are those alternatives. We cent probability is not a mean, it is 50 will depend on what we do now and in are very much like the young couple percent probability. They say the 50 the immediate future. whose grandparents have died and left percent probability is more likely than The next chart is a really interesting them a big inheritance. The young cou- the 95 percent probability. Of course one because it shows us again this rap- ple has now established a really lavish that defies logic in that it obviously is idly accelerating use of oil, then the re- life style. They are living it up. Eighty- not more probable because the actual cession of the 1970s, and a lesser slope five percent of all the money they data points have been following, as you after that. This chart assumes that we spend comes from their grandparents’ expect they would follow, the 95 per- may find as much more oil as all the inheritance—coal, petroleum, natural cent probability. recoverable oil we now know exists. gas—and only 15 percent of it comes I will say again: These two agencies, Most experts believe that roughly, at from their income. Now they look at the IEA and the EIA do a really good the end of the day, there will have been how old they are, they look at their job of tracking what we produce and roughly two trillion barrels of oil grandparents’ inheritance, and see it is use. I would be careful about accepting pumped. We have pumped about a tril- going to run out before they retire. their prognostications of what we are lion barrels now. Most experts believe They have to spend less or make more. going to find. we have another trillion barrels to That’s exactly where we are. The next chart is one from the first pump. This assumes that we are going Eighty-five percent of all of the en- big study that I mentioned, one of the to have a total of three trillion barrels. ergy we use is the equivalent of our four that your government paid for and Now if we have one trillion barrels grandparents’ inheritance. We inher- it is largely ignoring. This is called the remaining of the two original, we have ited it. It is there in the ground, coal, Hirsch Report done by SAIC, a huge, pumped one and if there is a total of oil and gas. And only 15 percent of the international, very prestigious, sci- three, that means that they are pre- energy we use is something else. entific engineering organization. suming that we are going to find an- Now this 85 percent is going away. I have highlighted this phrase be- other trillion barrels of oil. If we do We have reached the maximum produc- cause it is so shocking. ‘‘The world has that, by their own calculations it will tion, and if the world is going to follow never faced a problem like this. There simply move the peak out from around the model of the United States, no is no precedent in history to guide us.’’ 2000 or a little after 2000 to 2016. That matter what we do, the production in We have never faced a problem like is not very far. That is the effect of ex- the world is going to be less and less, this. You cannot go back in history and ponential growth. harder and harder to get, more and find any problem that will help you de- During the Carter years, every dec- more expensive. That has happened in cide how you are going to get through ade we used as much oil as had been our country. And in spite of drilling this. The world has never faced a prob- used in all of previous history. That is more oil wells than all of the rest of lem like this. a stunning statistic. Thank goodness the world together, and in spite of hav- The next chart. They say that the for those oil price spike shocks and the ing the best oil people in all of the peaking of world oil production pre- efficiency that resulted from that or world, we have not been able to make sents the United States and the world else we would be in a really troubled M. King Hubbert out to be a liar be- with an unprecedented risk manage- world today. cause we still today, with all of that ment problem. They say that the eco- What that means is if you use as technology, with 530,000 producing oil nomic, social and political cost will be much each decade as you use in all of wells, we still are producing only about unprecedented. Wow, strong words. The previous history, when you have used half of the oil that we produced in 1970. world has never faced a problem like half of the world’s oil, which is where this, unprecedented risk management we are, then you would have 10 years of b 1630 problem. Nothing like it in history. oil remaining. We have slowed down so Well, what are the alternatives? Nothing to guide you. The economic, if you do those calculations, the 88 mil- What will we be using at the end of this social and political cost will be unprec- lion barrels a day, a trillion barrels re- magnificent age of oil? edented. maining, that comes out to roughly 30 And Hyman Rickover didn’t know The next chart is a schematic. This years. It is not going to be 30 years of how long it would last. They were shows what we have been talking constant production and then fall off about 100 years into the age of oil. Oil about, a 2 percent rate of growth, dou- the cliff because it is going to be hard- had not peaked then. It wouldn’t peak bles in 35 years. The yellow there is 35 er and harder to get, more and more for another 50 years, 51 years or so, so years. I think we are about here. No- expensive, and getting less and less he had no idea how long it lasted. But tice the shortfall occurs a little before each year no matter what we do. he said how long it lasted was impor- peaking, although the IEA and the EIA The next chart is a quote, very re- tant in only one regard; that the longer both have oil peaking, so we may be cent quote, January 22 of this year, by it lasted, the more time we would have about at that point. the CEO of Shell Oil, Royal Dutch to plan a rational transition from oil Most people when they look at that Shell. ‘‘By the year 2100, the world’s to other sustainable renewable sources chart say we have to fill that yellow energy system will be radically dif- of fuel. space because we have to have all of ferent from today’s. The world’s cur- Well, here we are today, and what the liquid fuels that we would like to rent predicament limits our maneu- have we done? use. I will submit, Mr. Speaker, that it vering room. We are experiencing a The President said in one of his State is exceedingly unlikely that we will be step change in the growth rate of en- of the Union addresses that we are able to fill that blank to make up for ergy demand and Shell estimates after hooked on oil. We are indeed. And I

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6310 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 think that rushing out there to drill in oil, gas or coal. It’s a really great idea But not in the dimensions that were public lands, to drill in ANWR, to drill now. Recycle what you can, burn anticipated for corn ethanol. offshore is exactly the equivalent of what’s left, better than burying it in The National Academy of Sciences, giving a dope addict another fix. As the the ground somewhere. But that’s not a and this isn’t ROSCOE BARTLETT, this is President says, we really, really do silver bullet, not a solution to our National Academy of Sciences, al- have to wean ourselves from these fos- problem because in an energy-deficient though my back of the envelope com- sil fuels. world, this is really going to shrink be- putations came to the same conclusion. By the way, there are three groups cause the energy just isn’t going to be The National Academy of Sciences says out there that want to do this for very there to create all this waste. if we use all of our corn for ethanol, different reasons. One of those groups Conventional hydro. Huge. We’ve every bit of it, use all of it for ethanol, is the national security group that I tapped out on that in our country. and discounted it for the fossil fuel mentioned that is really concerned We’ve probably dammed up some rivers input, which is huge, in fact, some peo- that we have only 2 percent of the oil, we shouldn’t have dammed up. But ple believe if you really cost account and use 25 percent of the oil, and im- some people believe we could get as all the fossil fuel energy that goes into port almost two-thirds of what we use. much from micro hydro. There’s some producing ethanol, more energy goes in Our second largest importer now is really good small pelt wheels and tur- than you get out of this. They were Saudi Arabia. It was Mexico. They’ve bines and so forth. using 80 percent, which is probably not fallen back. That really places us in a Alcohol fuel. 1 percent back then. bad; that that would displace 2.4 per- very precarious position. Now, we’ve had a huge push for alcohol cent of our gasoline. That’s all of our The President has indicated that we fuel. corn, displace 2.4 percent of our gaso- really must transition from these fossil There have been two big bubbles that line. fuels to renewables. What will they be? have broken, two big hopes. One of They noted wryly that you could And here we have a brief listing, and them was the hydrogen economy. You save as much gas if you tuned up your I think that this subtends about all of don’t hear very many people talking car and put air in the tires. And by the the possible renewables. By the way, about it anymore. I think it’s probably way, you would save half your gas if we get more than the non fossil fuel en- sunk in that hydrogen is not free for there was two people in every vehicle ergy nuclear power. 8 percent of the 15 the having. There’s no place you can out there instead of one which is in percent is nuclear. We get about 20 per- go, like you can go for coal or gas or most vehicles. You would save half cent of our electricity from nuclear. oil and drill a hole and get hydrogen. your gas if your vehicle got 40 miles It’s down just a little. Now 19 some- You get hydrogen by using one en- per gallon, rather than 20 miles per gal- thing, roughly 20. ergy source, using another energy lon, both of which are very doable with The French get about 75, 80 percent. source to create the hydrogen. You a little planning and buying the right But we still produce more nuclear than split water, or you use electricity, or car, by the way. France because we have a whole lot you get it from natural gas. But you I think was 2 or 3 days ago there was bigger economy than France has. We’re will always use more energy getting a major headline above the fold in the the largest nuclear power producers in the hydrogen than you will get out of New York Times saying that Third the world. That could and probably the hydrogen. That’s the second law of World leaders were complaining to us should grow. Only 7 percent in other thermodynamics. And if we can violate that we were starving their people be- renewables. that law, why we can set aside the law cause the high price of corn incented The things that I’m very fond of are of gravity, and then we won’t have the our farmers to shift land from wheat solar and wind. I have a place off-grid, kind of problems that we have today and soybeans to corn. That drove up and I have solar panels and I have wind with energy, will we? That’s an invio- the price of wheat and soybeans. There machines and batteries for storage, and late law that won’t change. have been some problems producing so I’m a huge fan of solar and wind. So why are we talking about hydro- rice around the world and, anyway, But these were 1 percent of 7 percent gen if you will never get as much en- these commodities tend to more to- in 2000. They’re really growing, grow- ergy out of the hydrogen as it took to gether. So the four basic foods of the ing maybe 30, 40 percent a year. That’s make the hydrogen? For two reasons. poorest people in the world, they said, huge growth. So they’re four or five One, when you finally burn it, the have been driven up drastically, essen- times bigger. .28 percent, big deal be- product you get is the oxide of hydro- tially doubled in price, because we’re cause this is only .07 percent. So these gen. It’s burned hydrogen. We call it making corn ethanol. things that will be important sources water. When you look at water, it’s Hyman Rickover, by the way, I don’t of energy in the future are now very burned hydrogen is what it is. And it’s have that quote here but please do a small, growing; rapidly, but still very really clean, isn’t it? Google search for Rickover and energy small. And the second thing is it’s a great speech, and it’ll pop up. He cautioned Wood, this is the paper industry and candidate for a fuel cell, which is prob- that you probably shouldn’t be eating the timber industry wisely using what ably at least two decades off. So you your food. 51 years ago. Maybe we would otherwise be a waste product, don’t hear much talk about hydrogen. should have listened. and there’s not a huge potential for It may 1 day be an important part of Geothermal. That’s true geothermal. growth there without doing what North our energy economy, but that day must That’s not hooking your heat pump to Korea, has done, for instance. They’re await, I think, the development of the ground temperature, which is a really just cutting down their forests. fuel cell because if you’re simply going good idea. If you think about what Waste energy, that’s very popular. to put hydrogen in a reciprocating en- you’re asking that heat pump to do And there’s a great facility up here in gine, why wouldn’t you put the fuel this winter, if it wasn’t hooked to Northern Montgomery County. I’ve from which you made the hydrogen in ground temperature, you were asking been by. I would be proud to have it by your reciprocating engine and save it to cool the outside air, which might my church. It looks really nice. The that fuel loss in the transition? have been 10 degrees, so that it could waste comes in in big containers and in The second big bubble that broke was warm up your air in the house. That’s railroad cars and I don’t even see it. the corn ethanol bubble. And I really what you’re doing. And they handle it very well. I didn’t had high hopes for this before I did How much easier its job would have even smell it when I was there. some back of the envelope computa- been if it had been looking at 56 de- But I want to caution that this huge tions, because I saw our farmers who grees, rather than 10 degrees, because waste stream is the result, largely the were getting too little for their crops, 56 degrees is what ground temperature result of profligate use of fossil fuels. huge energy represented in these crops, in here, it’s mean annual temperature, Look at it. Almost everything in that and I think they will make a meaning- it’s what the water is that comes out of waste stream was the result of using ful contribution to our energy future. the wells.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6311 Now, this summer, if you have an air bigger than the tar sands in Canada. equivalent of 12 people working all conditioner in your window, and it’s Nobody yet is commercially exploiting year. That’s an incredible amount of not a heat pump tied to the ground, those. There are some vigorous at- energy. Just look at the road you trav- what that air conditioner is going to be tempts today, and there may be some el home on tonight and see the cars trying to do is heating up the 100 de- exploitation of those. There’s at least a there, and that’s replicated 1,000 times gree air outside so it can cool your trillion barrels, maybe a trillion and a in our country and thousands of times house inside. Pretty tough job. half, two trillion barrels there. And dif- around the world. But if you had tied that air condi- ferent experts differ on how much of I was in Beijing a little while ago and tioner to ground temperature, now it’s that may be recoverable. But, again, they banned bicycles in parts of Bei- looking at 56, which looks really cool, because it’s there, it’s not in your gas jing. There is no room for them. So compared to 100, doesn’t it? tank, we will recover some of that. many cars on the road. I was late to an I didn’t understand this phenomenon As oil goes up, Goldman Sachs says appointment in Beijing because of traf- as a 7-year old, and I grew up without by the end of the year it could be 150, fic jams, late to an appointment in electricity and an inside toilet on a $200 a barrel. Who knows? Moscow because of traffic jams there. I farm, and we kept our food in a spring The more expensive oil gets, the was there in 1973, and the streets were house. And I thought there was some- more sources there are of oil because almost devoid of cars. You saw a mili- thing magic in that spring house and I you can now use oil which would have tary vehicle now and then. That’s all didn’t understand it, but I knew it was been prohibitive in cost with oil at you saw then. A whole different world magic because I went in that spring lower prices. now. house in the summertime and it was so Coal. I know a lot of people who say, Well, there’s nuclear, and we now get cool. And I went in that spring house in don’t worry about the future; we have 8 percent of our total energy, almost 20 the winter time and it was so warm. sure supplies of coal. We have 250 years percent of our electricity from nuclear Of course, when it was 100 outside, of coal, at current usage rates. that could and probably should grow. that spring house, which was maybe 65, Be very careful, calibrate what peo- But the nuclear we’re now using, which that was Pennsylvania, it’d be a little ple say when they tell you at current is whitewater reactors using fission- colder than here, maybe 60 or so, that use rates. Now, if we had 250 years of able uranium is limited because there really seemed cool. In the winter time coal, and we don’t, I’ll come to that in is a limited supply of fissionable ura- 60 seemed really warm compared to the a moment. But if we had 250 years of nium. That won’t last forever. zero or 10 degrees outside, so I thought coal at current use rates, if you in- There are breeder reactors. Nobody there was something magic in that crease that use only 2 percent, that’s uses them for energy production. The spring house. not much, we will have to do more breeder reactors, as the name implies, The next chart takes a little deeper than that. But if you increase it only 2 make more fuel than they use. You buy look at some of our alternatives. Now, percent it shrinks to 85 years. The some problems with those, like you we do have some finite resources, and power of compound growth. have to enrich the fuel and it’s weap- we can exploit those, and we will ex- And if you use some of the energy on’s grade stuff and you have to move ploit those, and we should exploit coal to make it a gas or a liquid, be- it around and there’s challenges for those, but they are finite. Some of cause you can’t put coal in the trunk terrorists getting it and such; but you them are huge. of your car and go down the road, it get energy from it. The first of these are the tar sands in now shrinks to 50 years. Then there is the only silver bullet Canada. They are huge. There’s as And when one other observation. We that gets us home free, and that is nu- much potential oil in those tar sands have no alternative but to share it clear fusion. I happily vote for the as there is in all of the known reserves with the world. Let me tell you why. roughly $250 million a year that we of oil in the world, more actually. Because if we get oil from coal, we’re spend developing that. We’re joining So why aren’t we euphoric over that? then not buying some Saudi oil, which with other countries in helping to de- It’s because it’s very difficult to get. somebody else can buy, so it has the velop that. I think the probability is The Canadians are now using natural exact effect of sharing it with the gas, which will run out. They’re pump- low that we will ever be able to exploit world. That is inescapable. There is no that on a commercial scale. ing water, which will run out. They’re way to avoid that. Now, if you’re sanguine believing creating a huge tailings pond, which is So now that 50 years, since we use a that we’re going to solve our energy kind of an environmental disaster, and fourth of the world’s supply, and that problem with nuclear fusion, you prob- they’re producing a million barrels a 250 years was at current use rates for ably think you can solve your personal day. That’s a lot. It’s a little over 1 us in this country, not the whole world, financial problems by winning the lot- percent of what the world uses. We use now that 50 years, divided by four, tery. You might do it. But the odds of about 88 million barrels a day. shrinks to 121⁄2 years. So if we had 250 you solving your personal financial But they know it’s not sustainable years of coal and we increased its use problems by winning the lottery are because they’re going to run out of gas, only 2 percent, converted it to a gas or about the same as our solving our en- they’re going to run out of water, and a liquid and shared it with the world, ergy problems by using fusion. what they’re now exploiting is kind of and we have no alternative, it’ll last But because it is such an incredible on the surface, and it will soon kind of 121⁄2 years. duck under an overlay, so they have to source, the only thing that gets us develop it in situ, and they aren’t quite b 1645 home free, I happily support, and I sure how to do that. But the National Academy of would support more money if we had So there’s a huge amount of energy Sciences says we haven’t looked at the more skilled people out there who there, potential. But there’s also a coal reserves since the 1970s and they could be looking at this. huge amount of potential energy in the believe there is more like 100 years at The next big bubble that we’re talk- tides. The moon lifts the whole darned current use rates. So that 85 years and ing about now is biomass, and I would ocean 2 or 3 feet. That’s a huge amount 50 years now shrink to something caution, how much more energy you of energy. roughly half of that, and the 121⁄2 years think that we can get from wastelands But, you know, getting that in your sharing it with the world may shrink out there that aren’t good enough to gas tank is quite another thing. En- to something like 5 or 6 or so years grow corn and soybeans on, that we ergy, to be effective, must be con- sharing it with the world. could get from all of our corn and all of centrated, and in the tides it certainly The coal is there. It is huge. But our our soybeans? isn’t concentrated. use of energy in the world is huge, I would like to take the last couple of Now in our west we have oil shales, huge. Eighty-eight million barrels a minutes to note a couple of things that and they are really huge, maybe even day, each barrel having the energy we have been doing.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6312 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 I have a bill, and this is going to give Preferences (GSP) program. In Execu- H.R. 5478. An Act to provide for the contin- a prize to the first farm that can be to- tive Order 12302 of April 1, 1981, the Sol- ued minting and issuance of certain $1 coins tally energy independent. If our farms omon Islands was designated as a bene- in 2008. can’t be energy independent, we’re ficiary developing country for purposes f really in trouble, aren’t we? of the GSP program. After considering SENATE BILLS APPROVED BY THE The next chart is a bill, the Drive the criteria set forth in sections 501 PRESIDENT Act. That will encourage the develop- and 502 of the Act, I have determined The President notified the Clerk of ment of vehicles that are more effi- that it is appropriate to extend least- the House that on the following dates, cient that are flex-fuel. You can use developed beneficiary developing coun- he had approved and signed bills of the any fuel. Not corn ethanol, but any of try benefits to the Solomon Islands. Senate of the following titles: the alternative fuels. GEORGE W. BUSH. I would just like to note that I find THE WHITE HOUSE, April 17, 2008. January 4, 2008: S. 2436. An Act to amend the Internal Rev- this whole challenge exhilarating. f enue Code of 1986 to clarify the term of the There is no exhilaration like meeting HOUSE BILLS APPROVED BY THE Commissioner of Internal Revenue. and overcoming a huge challenge. I PRESIDENT January 7, 2008: spent some time going over these po- S. 863. An Act to amend title 18, United tential alternatives. I just want real- The President notified the Clerk of States Code, with respect to fraud in connec- istic expectations. There’s no silver the House that on the following dates, tion with major disaster or emergency funds. bullet out there. It’s going to be a lit- he had approved and signed bills of the February 6, 2008: tle of this and a little of that. And following titles: S. 2110. An Act to designate the facility of January 7, 2008: the United States Postal Service located at America is very good at that. 427 North Street in Taft, California, as the What we need in this country is a H.R. 660. An Act to amend title 18, United States Code, to protect judges, prosecutors, ‘‘Larry S. Pierce Post Office’’. program that has a total commitment witnesses, victims, and their family mem- March 6, 2008: of World War II. I lived through that bers, and for other purposes. S. 2571. An Act to make technical correc- war. I’ll be 82 years old on my next H.R. 3690. An Act to provide for the trans- tions to the Federal Insecticide, Fungicide, birthday, about 6 weeks from now. I fer of the Library of Congress police to the and Rodenticide Act. lived through that war. United States Capitol Police, and for other S. 781. An Act to extend the authority of We need the technology commitment purposes. the Federal Trade Commission to collect Do- January 8, 2008: Not-Call Registry fees to fiscal years after that we had when we put a man on the H.R. 2640. An Act to improve the National fiscal year 2007. moon, that focus, and we need the ur- Instant Criminal Background Check System, March 11, 2008: gency of the Manhattan Project. And I and for other purposes. S. 2478. To designate the facility of the think that Americans are up to this January 28, 2008: United States Postal Service located at 59 challenge. I think we can lead the H.R. 4986. An Act to provide for the enact- Colby Corner in East Hampstead, New Hamp- world in developing the technology to ment of the National Defense Authorization shire, as the ‘‘Captain Jonathan D. take us away from the fossil fuels to Act for Fiscal Year 2008, as previously en- Grassbaugh Post Office’’. rolled, with certain modifications to address March 12, 2008: these other sources of energy. the foreign sovereign immunities provisions S. 2272. An Act to designate the facility of The next chart I have already gone of title 28, United States Code, with respect the United States Postal Service known as through. I will indulge for just a mo- to the attachment of property in certain the Southpark Station in Alexandria, Lou- ment with the last chart. This is a judgements against Iraq, the lapse of statu- isiana, as the John ‘‘Marty’’ Thiels great one to end on. tory authorities for the payment of bonuses, Southpark Station, in honor and memory of Mr. Speaker, this is a chart that special pays, and similar benefits for mem- Thiels, a Louisiana postal worker who was shows how satisfied you are with life bers of the uniformed services, and for other killed in the line of duty on October 4, 2007. and how much energy you use. There purposes. March 14, 2008: January 31, 2008: S. 2745. An Act to extend agricultural pro- are 22 countries, some of them using H.R. 5104. An Act to extend the Protect grams beyond March 15, 2008, to suspend per- half the energy that we use that are America Act of 2007 for 15 days. manent price support authorities beyond happier with life than we are. There’s February 5, 2008: that date, and for other purposes. lots and lots of opportunities out there H.R. 3432. An Act to establish the Commis- S.J. Res. 25. Joint Resolution providing for to live really well using less energy, sion on the Abolition of the Transatlantic the appointment of John W. McCarter as a and that’s our challenge, and with Slave Trade. citizen regent of the Board of Regents of the proper leadership, America is up to it. February 13, 2008: Smithsonian Institution. H.R. 5140. An Act to provide economic March 24, 2008: f stimulus through recovery rebates to indi- S. 2733. An Act to temporarily extend the EXTENDING LEAST-DEVELOPED viduals, incentives for business investment, programs under the Higher Education Act of and an increase in conforming and FHA loan 1965. BENEFICIARY DEVELOPING limits. f COUNTRY BENEFITS TO THE February 14, 2008: SOLOMON ISLANDS—MESSAGE H.R. 4253. An Act to improve and expand LEAVE OF ABSENCE FROM THE PRESIDENT OF THE small business assistance programs for vet- By unanimous consent, leave of ab- UNITED STATES (H. DOC. NO. 110– erans of the armed forces and military re- sence was granted to: 105) servists, and for other purposes. February 15, 2008: Mr. PALLONE (at the request of Mr. The SPEAKER pro tempore (Mr. H.R. 3541. An Act to amend the Do-not-call HOYER) for today. YARMUTH) laid before the House the Implementation Act to eliminate the auto- Ms. GINNY BROWN-WAITE of Florida following message from the President matic removal of telephone numbers reg- (at the request of Mr. BOEHNER) for of the United States; which was read istered on the Federal ‘‘do-not-call’’ registry. today through April 24 on account of a and, together with the accompanying February 28, 2008: H.R. 1216. An Act to direct the Secretary of family medical emergency. papers, without objection, referred to Transportation to issue regulations to re- f the Committee on Ways and Means and duce the incidence of child injury and death SPECIAL ORDERS GRANTED ordered to be printed: occurring inside or outside of light motor ve- To the Congress of the United States: hicles, and for other purposes. By unanimous consent, permission to In accordance with section H.R. 5270. An Act to amend the Internal address the House, following the legis- 502(f)(1)(B) of the Trade Act of 1974, as Revenue Code of 1986 to extend the funding lative program and any special orders amended (the ‘‘Act’’), I am providing and expenditure authority of the Airport and heretofore entered, was granted to: notification of my intent to add the Airway Trust Fund, and for other purposes. (The following Members (at the re- February 29, 2008: Solomon Islands to the list of least-de- H.R. 5264. An Act to extend the Andean quest of Ms. WOOLSEY) to revise and ex- veloped beneficiary developing coun- Trade Preference Act, and for other pur- tend their remarks and include extra- tries under the Generalized System of poses. neous material:)

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Ms. WOOLSEY, for 5 minutes, today. cy’s final rule — North Dakota: Final Au- for printing and reference to the proper Mr. DEFAZIO, for 5 minutes, today. thorization of State Hazardous Waste Man- calendar, as follows: agement Program Revisions and Incorpora- Mr. SCHIFF, for 5 minutes, today. Mr. RAHALL: Committee on Natural Re- tion by Reference of Approved Hazardous sources. H.R. 3513. A bill to amend the Or- Ms. JACKSON-LEE of Texas, for 5 min- Waste Program [EPA-R08-RCRA-2006-0501; egon Wilderness Act of 1984 to designate the utes, today. FRL-8524-7] received February 4, 2008, pursu- Copper Salmon Wilderness and to amend the (The following Members (at the re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Wild and Scenic Rivers Act to designate seg- quest of Mr. PRICE of Georgia) to revise on Energy and Commerce. 6141. A letter from the Director, Regu- ments of the North and South Forks of the and extend their remarks and include Elk River in the State of Oregon as wild or extraneous material:) latory Management Division, Environmental Protection Agency, transmitting the Agen- scenic rivers, and for other purposes; with an Mr. TANCREDO, for 5 minutes, today. cy’s final rule — Approval and Promulgation amendment (Rept. 110–591). Referred to the Mr. POE, for 5 minutes, April 24. of Implementation Plans and Operating Per- Committee of the Whole House on the State Mr. JONES of North Carolina, for 5 mits Program; State of Kansas [EPA-R07- of the Union. minutes, April 24. OAR-2007-0829; FRL-8526-2] received February Mr. RAHALL: Committee on Natural Re- Mr. PRICE of Georgia, for 5 minutes, 4, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to sources. H.R. 831. A bill to provide for the today. the Committee on Energy and Commerce. conveyance of certain Forest Service land to 6142. A letter from the Director, Regu- the city of Coffman Cove, Alaska; with an f latory Management Division, Environmental amendment (Rept. 110–592). Referred to the Committee of the Whole House on the State ENROLLED BILL SIGNED Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation of the Union. Ms. Lorraine C. Miller, Clerk of the of Air Quality Implementation Plans; Maine; Mr. RAHALL: Committee on Natural Re- House, reported and found truly en- Transportation Conformity [EPA-R01-OAR- sources. H.R. 3734. A bill to rename the rolled a bill of the House of the fol- 2007-1054; A-1-FRL-8524-9] received February Snake River Birds of Prey National Con- lowing title, which was thereupon 4, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to servation Area in the State of Idaho as the Morley Nelson Snake River Birds of Prey Na- signed by the Speaker: the Committee on Energy and Commerce. 6143. A letter from the Director, Regu- tional Conservation Area in honor of the late H.R. 5813. An act to amend Public Law 110– latory Management Division, Environmental Morley Nelson, an international authority 196 to provide for a temporary extension of Protection Agency, transmitting the Agen- on birds of prey, who was instrumental in programs authorized by the Farm Security cy’s final rule — Final Rule; Ohio; Revised the establishment of this National Conserva- and Rural Investment Act of 2002 beyond Oxides of Nitrogen (NOX) Regulation, Phase tion Area, and for other purposes (Rept. 110– April 18, 2008. II, and Revised NOX Trading Rule [EPA-R05- 593). Referred to the House Calendar. f OAR-2007-1085; FRL-8519-1] received January Mr. WAXMAN: Committee on Oversight 28, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to and Government Reform. H.R. 3928. A bill to SENATE ENROLLED BILL SIGNED the Committee on Energy and Commerce. require certain large government contrac- 6144. A letter from the Director, Regu- The Speaker announced her signa- tors that receive more than 80 percent of latory Management Division, Environmental their annual gross revenue from Federal con- ture to an enrolled bill of the Senate of Protection Agency, transmitting the Agen- tracts to disclose the names and salaries of the following title: cy’s final rule — Approval and Promulgation their most highly compensated officers, and S. 793—An act to provide for the expansion of Air Quality Implementation Plans; Ohio; for other purposes; with an amendment and improvement of traumatic brain injury Clean Air Interstate Rule [EPA-R05-OAR- (Rept. 110–594). Referred to the Committee of programs. 2007-0390; FRL-8519-6] received January 28, the Whole House on the State of the Union. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the f f Committee on Energy and Commerce. ADJOURNMENT 6145. A letter from the Director, Regu- PUBLIC BILLS AND RESOLUTIONS latory Management Division, Environmental Mr. BARTLETT of Maryland. Mr. Protection Agency, transmitting the Agen- Under clause 2 of rule XII, public Speaker, I move that the House do now cy’s final rule — Adequacy of Nebraska Mu- bills and resolutions were introduced adjourn. nicipal Solid Waste Landfill Program [EPA- and severally referred, as follows: The motion was agreed to; accord- R07-RCRA-2006-0878; FRL-8523-2] received By Mr. MANZULLO (for himself and ingly (at 4 o’clock and 54 minutes January 28, 2008, pursuant to 5 U.S.C. Mr. SMITH of Washington): 801(a)(1)(A); to the Committee on Energy and p.m.), under its previous order, the H.R. 5828. A bill to enhance the reliability Commerce. of information in the Automated Export Sys- House adjourned until tomorrow, Fri- 6146. A letter from the Executive Director, tem, and for other purposes; to the Com- day, April 18, 2008, at 9 a.m. Office of Compliance, transmitting a copy of mittee on Foreign Affairs. f the 2007 Annual Report of the Office of Com- By Mr. SIRES (for himself, Mr. FRANK pliance, pursuant to Section 301(h) of the of Massachusetts, and Mr. MEEK of EXECUTIVE COMMUNICATIONS, Congressional Accountability Act (CAA); Florida): ETC. jointly to the Committees on Education and H.R. 5829. A bill to improve the Operating Labor and House Administration. Under clause 8 of rule XII, executive Fund for public housing of the Department 6147. A letter from the Chairman and Chief of Housing and Urban Development, and for communications were taken from the Executive Officer, Farm Credit Administra- other purposes; to the Committee on Finan- Speaker’s table and referred as follows: tion, transmitting a report on the proposed cial Services. 6138. A letter from the Director, Regu- fiscal year 2009 budget; jointly to the Com- By Mr. FRANK of Massachusetts (for latory Management Division, Environmental mittees on Oversight and Government Re- himself, Ms. WATERS, Mrs. MALONEY Protection Agency, transmitting the Agen- form and Agriculture. of New York, Mr. WATT, Mr. ACKER- 6148. A letter from the Chief Counsel for cy’s final rule — Inert Ingredients: Denial of MAN, Mr. MEEKS of New York, Mr. Advocacy, Small Business Administration, Pesticide Petitions 2E6491 (N-Acyl CLAY, Mr. LYNCH, Mr. AL GREEN of transmitting the Administration’s Report on Sarcosines and Sodium N-Acyl Texas, Ms. MOORE of Wisconsin, Mr. the Regulatory Flexibility Act, FY 2007, pur- Sarcosinates), 7E4810 (Crezasin), and 7E4811 LINCOLN DAVIS of Tennessee, Mr. suant to 5 U.S.C. 612(a) Public Law 96-354, (Mival) [EPA-HQ-OPP-2002-0201; FRL-8342-4] HODES, Mr. WILSON of Ohio, Mr. section 3(a); jointly to the Committees on received February 4, 2008, pursuant to 5 PERLMUTTER, Mr. MURPHY of Con- the Judiciary and Small Business. U.S.C. 801(a)(1)(A); to the Committee on Ag- necticut, Mr. DONNELLY, Mr. WEXLER, 6149. A letter from the Chair, Good Neigh- riculture. Mr. SHAYS, Ms. GINNY BROWN-WAITE bor Environmental Board, transmitting the 6139. A letter from the Director, Regu- of Florida, Mr. DINGELL, Ms. eleventh annual report of the Good Neighbor latory Management Division, Environmental SCHAKOWSKY, Mr. LEVIN, Mr. HIN- Environmental Board; jointly to the Com- Protection Agency, transmitting the Agen- CHEY, Mr. FATTAH, Mr. JACKSON of Il- mittees on Transportation and Infrastruc- cy’s final rule — Clothianidin; Pesticide Tol- linois, Mrs. CHRISTENSEN, Ms. LEE, ture and Energy and Commerce. erance [EPA-HQ-OPP-2007-0280; FRL-8346-9] Mr. WU, Ms. MCCOLLUM of Minnesota, received January 28, 2008, pursuant to 5 f Mr. VAN HOLLEN, Mr. BUTTERFIELD, U.S.C. 801(a)(1)(A); to the Committee on Ag- REPORTS OF COMMITTEES ON Mr. COURTNEY, Mr. SESTAK, Mr. riculture. PUBLIC BILLS AND RESOLUTIONS SIRES, and Ms. TSONGAS): 6140. A letter from the Director, Regu- H.R. 5830. A bill to create a voluntary FHA latory Management Division, Environmental Under clause 2 of rule XIII, reports of program that provides mortgage refinancing Protection Agency, transmitting the Agen- committees were delivered to the Clerk assistance to allow families to stay in their

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6314 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 April 17, 2008 homes, protect neighborhoods, and help sta- the safety of drugs; to the Committee on En- Review Conference (‘‘Durban II Conference’’) bilize the housing market; to the Committee ergy and Commerce. or any other activity relating to the plan- on Financial Services. By Mr. KANJORSKI (for himself, Ms. ning, preparation, or implementation of a By Mrs. GILLIBRAND: BEAN, Mr. ROYCE, Mr. MOORE of Kan- follow-up meeting to the 2001 United Nations H.R. 5831. A bill to amend the National De- sas, and Ms. PRYCE of Ohio): World Conference Against Racism, Racial fense Authorization Act for Fiscal Year 2008 H.R. 5840. A bill to establish an Office of Discrimination, Xenophobia and Related In- to provide injured members of the Armed Insurance Information in the Department of tolerance (‘‘Durban I Conference’’) in Dur- Forces information concerning benefits; to the Treasury; to the Committee on Financial ban, South Africa; to the Committee on For- the Committee on Armed Services. Services. eign Affairs. By Mrs. GILLIBRAND: By Mr. MOORE of Kansas (for himself By Mr. HOLT (for himself, Mr. GEORGE H.R. 5832. A bill to amend title 10, United and Mr. ROSKAM): MILLER of California, and Ms. MCCOL- States Code, to eliminate the requirement H.R. 5841. A bill to provide regulatory re- LUM of Minnesota): for dependents to reside with members of the lief and improve productivity for insured de- H.R. 5848. A bill to amend the Higher Edu- Armed Forces to be eligible for TRICARE pository institutions, and for other purposes; cation Act of 1965 to authorize a program to Prime Remote; to the Committee on Armed to the Committee on Financial Services. prepare teachers for digital age learners; to Services. By Mr. FRANK of Massachusetts (for the Committee on Education and Labor. By Mr. DEFAZIO: himself, Mr. PAUL, Mr. ROHRABACHER, By Mr. MELANCON: H.R. 5833. A bill to amend title 28, United Mr. FARR, and Mr. HINCHEY): H.R. 5849. A bill to extend the returning States Code, to provide for the direct pay- H.R. 5842. A bill to provide for the medical worker exemption to the H-2B numerical ment of attorney fees and costs to the attor- use of marijuana in accordance with the laws limitation; to the Committee on the Judici- ney representing a prevailing party in cer- of the various States; to the Committee on ary. tain Social Security Disability Insurance Energy and Commerce. By Mr. MILLER of Florida (for himself, By Mr. FRANK of Massachusetts (for and Supplemental Security Income claims, Mr. BOYD of Florida, and Mr. himself and Mr. PAUL): and for other purposes; to the Committee on BONNER): H.R. 5843. A bill to eliminate most Federal the Judiciary. H.R. 5850. A bill to amend the Act entitled penalties for possession of marijuana for per- By Ms. ROS-LEHTINEN (for herself, ‘‘An Act authorizing associations of pro- sonal use, and for other purposes; to the ERMAN, Mr. SMITH of New Jer- ducers of aquatic products’’ to include per- Mr. B Committee on the Judiciary, and in addition sey, Mr. ACKERMAN, Mr. BURTON of to the Committee on Energy and Commerce, sons engaged in the fishery industry as char- Indiana, Mr. CHABOT, Mr. INGLIS of for a period to be subsequently determined ter boats or recreational fishermen, and for ˜ South Carolina, and Mr. FORTUNO): by the Speaker, in each case for consider- other purposes; to the Committee on Natural H.R. 5834. A bill to amend the North Ko- ation of such provisions as fall within the ju- Resources. rean Human Rights Act of 2004 to promote risdiction of the committee concerned. By Mr. SALAZAR (for himself and Mr. respect for the fundamental human rights of By Ms. WOOLSEY (for herself, Ms. UDALL of Colorado): the people of North Korea, and for other pur- H.R. 5851. A bill to provide for orderly and ESHOO, Mr. FARR, Mr. HONDA, Ms. poses; to the Committee on Foreign Affairs. balanced development of energy resources LEE, Ms. ZOE LOFGREN of California, By Ms. SCHAKOWSKY (for herself, Mr. within the Roan Plateau Planning Area of Mr. GEORGE MILLER of California, Mr. BURGESS, Ms. DEGETTE, Mr. TOWNS, Colorado, and for other purposes; to the STARK, Mr. THOMPSON of California, Mr. GENE GREEN of Texas, Mr. GOR- Committee on Natural Resources. and Ms. SPEIER): DON, Mr. TERRY, Mr. HINOJOSA, Mr. H.R. 5844. A bill to provide for the transfer By Mr. TOWNS (for himself, Mr. FERGUSON, Ms. BORDALLO, Ms. SOLIS, of the decommissioned Naval Security Group ALLEN, Mr. BARTLETT of Maryland, and Mrs. CAPPS): Activity, Skaggs Island, in Sonoma County, Mr. BRALEY of Iowa, Mr. LANGEVIN, H.R. 5835. A bill to provide for increased California, from the Department of the Navy Mr. REICHERT, Mr. CAMPBELL of Cali- planning and funding for health promotion to the Department of the Interior for conver- fornia, and Mrs. BONO MACK): programs of the Department of Health and sion into a wildlife refuge for inclusion in H.R. 5852. A bill to prohibit the conducting Human Services; to the Committee on En- the National Wildlife Refuge System; to the of invasive research on great apes, and for ergy and Commerce. Committee on Armed Services. other purposes; to the Committee on Energy By Mr. CARNAHAN: By Mr. EMANUEL (for himself, Mr. and Commerce, and in addition to the Com- H.R. 5836. A bill to amend the Foreign As- GEORGE MILLER of California, Ms. mittees on Ways and Means, and Foreign Af- sistance Act of 1961 to authorize the Presi- WOOLSEY, Mrs. MALONEY of New fairs, for a period to be subsequently deter- dent to provide assistance to establish part- York, Mr. NADLER, Mr. ACKERMAN, mined by the Speaker, in each case for con- nerships between businesses and postsec- Mr. COSTA, and Mr. POE): sideration of such provisions as fall within ondary educational institutions in devel- H.R. 5845. A bill to permit leave under the the jurisdiction of the committee concerned. oping countries in Africa to increase eco- Family and Medical Leave Act of 1993 for By Ms. TSONGAS: nomic freedom and competitiveness, pro- victims of violent crime and domestic vio- H.R. 5853. A bill to expand the boundary of mote civil society, and improve the quality lence and immediate family members of vic- the Minute Man National Historical Park in of life in such countries; to the Committee tims of violent crime and domestic violence the Commonwealth of Massachusetts to in- on Foreign Affairs. to attend court proceedings relating to such clude Barrett’s Farm, and for other purposes; By Ms. ZOE LOFGREN of California crimes; to the Committee on Education and to the Committee on Natural Resources. (for herself, Mr. FORTENBERRY, Mr. Labor, and in addition to the Committees on By Mr. VAN HOLLEN: CONYERS, Mr. SENSENBRENNER, Mr. Oversight and Government Reform, and H.R. 5854. A bill to amend title 36, United SKELTON, Mr. HUNTER, Mr. BERMAN, House Administration, for a period to be sub- States Code, to grant a Federal charter to Ms. ROS-LEHTINEN, Mr. BLUMENAUER, sequently determined by the Speaker, in the Military Officers Association of America, Mr. SMITH of New Jersey, Mr. each case for consideration of such provi- and for other purposes; to the Committee on PERLMUTTER, Mr. PENCE, and Ms. sions as fall within the jurisdiction of the the Judiciary. ´ JACKSON-LEE of Texas): committee concerned. By Ms. VELAZQUEZ: H.R. 5837. A bill to make technical correc- By Ms. ESHOO (for herself, Mr. CAN- H.R. 5855. A bill to establish a program to tions to section 1244 of the National Defense NON, and Mr. MARKEY): provide grants to help homeowners who are Authorization Act for Fiscal Year 2008, H.R. 5846. A bill to require the Federal facing foreclosure to receive professional which provides special immigrant status for Communications Commission to auction counseling; to the Committee on Financial certain Iraqis, and for other purposes; to the spectrum for a free and open access Services. Committee on the Judiciary. broadband service; to the Committee on En- By Ms. BALDWIN (for herself, Mr. POE, By Mr. GEORGE MILLER of California ergy and Commerce. Ms. JACKSON-LEE of Texas, Mr. (for himself, Mr. GRIJALVA, Mr. By Mr. GARRETT of New Jersey (for MORAN of Virginia, Mr. HOLDEN, Mr. TIERNEY, and Mr. ANDREWS): himself, Mr. POE, Mr. MCCOTTER, Mr. ALLEN, Mr. WYNN, Mr. MCDERMOTT, H.R. 5838. A bill to amend the National MCHENRY, Mr. KING of Iowa, Mr. Mr. ELLISON, Mr. NADLER, Ms. Labor Relations Act to apply the protections BROUN of Georgia, Mr. BARTLETT of WASSERMAN SCHULTZ, Mr. MOORE of of the Act to teaching and research assist- Maryland, Mr. PENCE, Mr. FEENEY, Kansas, Ms. MCCOLLUM of Minnesota, ants; to the Committee on Education and Mr. SHADEGG, Mr. WELDON of Florida, Mr. BURTON of Indiana, Mrs. Labor. Mr. GOHMERT, Mr. DANIEL E. LUN- MALONEY of New York, Ms. MATSUI, By Mr. BUYER (for himself, Mr. GREN of California, Mr. KUHL of New Ms. DELAURO, Ms. SUTTON, Mr. MATHESON, Mr. ROGERS of Michigan, York, Mr. LAMBORN, Mr. SHIMKUS, LOEBSACK, Ms. LORETTA SANCHEZ of and Mr. GENE GREEN of Texas): Mr. GOODE, and Mr. BISHOP of Utah): California, Mrs. NAPOLITANO, Mr. H.R. 5839. A bill to amend the Federal H.R. 5847. A bill to prohibit United States LEWIS of Georgia, and Mr. PETERSON Food, Drug, and Cosmetic Act to improve funding for the 2009 United Nations Durban of Minnesota):

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 5 6315 H. Con. Res. 330. Concurrent resolution ADDITIONAL SPONSORS H.R. 2802: Mr. TOWNS and Mr. KUCINICH. supporting the goals and ideals of National H.R. 2833: Mr. DONNELLY. Under clause 7 of rule XII, sponsors Sexual Assault Awareness and Prevention H.R. 2878: Mrs. DAVIS of California. Month; to the Committee on the Judiciary. were added to public bills and resolu- H.R. 2892: Mr. GRIJALVA. By Mr. HINCHEY (for himself, Ms. tions as follows: H.R. 2914: Mr. BOOZMAN. BALDWIN, Ms. CORRINE BROWN of Flor- H.R. 406: Mr. ADERHOLT, Mr. BACHUS, Mr. H.R. 2941: Mr. GERLACH. ida, Mrs. CAPPS, Mr. CROWLEY, Mr. FRELINGHUYSEN, Mr. GOODLATTE, Mr. KING of H.R. 3036: Mr. RUPPERSBERGER. DELAHUNT, Mr. FARR, Ms. HOOLEY, New York, Mr. KING of Iowa, Mr. LATHAM, H.R. 3089: Ms. GRANGER, Mr. SHIMKUS, and Ms. KILPATRICK, Mrs. BONO MACK, Mr. SMITH of New Jersey, and Mr. WELLER. Mr. COLE of Oklahoma. Mrs. MALONEY of New York, Ms. MAT- H.R. 503: Mr. SCOTT of Virginia. H.R. 3098: Mr. RODRIGUEZ. SUI, Mrs. MCCARTHY of New York, Ms. H.R. 510: Mr. BACHUS and Mr. MARCHANT. H.R. 3140: Mr. YOUNG of Alaska and Mr. NORTON, Ms. PRYCE of Ohio, Mr. H.R. 583: Ms. GIFFORDS. GOODLATTE. SERRANO, Mr. SNYDER, and Ms. SUT- H.R. 643: Ms. PRYCE of Ohio and Mr. DAVIS H.R. 3186: Mr. ALTMIRE, Mr. BONNER, Mr. TON): of Alabama. PASTOR, Mr. MCNERNEY, Mr. GENE GREEN of H. Con. Res. 331. Concurrent resolution H.R. 715: Ms. KILPATRICK. Texas, and Mr. ARCURI. supporting the goals and ideals of National H.R. 741: Mr. BOUCHER. H.R. 3202: Mr. MEEKS of New York. Women’s Health Week, and for other pur- H.R. 821: Mr. LEVIN. H.R. 3229: Mr. BERMAN, Mr. ACKERMAN, Ms. poses; to the Committee on Energy and Com- H.R. 826: Mr. WAMP. BERKLEY, Mr. BISHOP of New York, Mr. merce. H.R. 998: Ms. ZOE LOFGREN of California. BLUMENAUER, Mr. BOSWELL, Mr. BRALEY of By Mr. MCNERNEY: H.R. 1076: Mr. CARNEY. Iowa, Mrs. CAPPS, Mr. CAPUANO, Mr. H.R. 1108: Mr. MURTHA. H. Res. 1117. A resolution declaring the CARDOZA, Mr. CHANDLER, Ms. DELAURO, Mr. H.R. 1110: Mr. INSLEE. support of the House of Representatives for DOYLE, Mr. EDWARDS, Mr. EMANUEL, Ms. H.R. 1113: Mr. COHEN and Mr. HOLT. the goals and ideals of Earth Day and for de- ESHOO, Mr. FARR, Mr. FOSTER, Mr. FRANK of H.R. 1157: Mrs. CHRISTENSEN. veloping the scientific and technological ca- Massachusetts, Mr. GENE GREEN of Texas, H.R. 1222: Mr. WITTMAN of Virginia. pabilities to achieve those goals; to the Com- Ms. HERSETH SANDLIN, Mr. HOLDEN, Mr. H.R. 1228: Mr. HONDA. mittee on Science and Technology. HONDA, Ms. JACKSON-LEE of Texas, Mr. JEF- H.R. 1232: Mr. BRALEY of Iowa. By Mr. FOSTER: FERSON, Mr. KANJORSKI, Ms. KAPTUR, Mr. H.R. 1245: Mr. TOWNS, Mr. ROSS, and Mr. KENNEDY, Mr. LARSON of Connecticut, Mr. H. Res. 1118. A resolution honoring the life DAVIS of Illinois. LEVIN, Mr. LOEBSACK, Mr. MCDERMOTT, Mr. and achievements of John Archibald Wheeler H.R. 1283: Mr. HULSHOF. MCINTYRE, Mr. MOLLOHAN, Mr. MOORE of and expressing condolences on his passing; to H.R. 1295: Mr. MILLER of Florida. Kansas, Ms. MOORE of Wisconsin, Mr. PAT- the Committee on Science and Technology. H.R. 1363: Mr. RYAN of Ohio and Mr. SCOTT RICK MURPHY of Pennsylvania, Mr. MURTHA, By Mr. PLATTS (for himself, Mr. of Virginia. Mr. NADLER, Mr. PALLONE, Mr. PASTOR, Mr. SHAYS, Ms. MATSUI, Mr. PRICE of H.R. 1395: Mr. LEVIN. PRICE of North Carolina, Mr. RAHALL, Mr. North Carolina, and Mr. MCKEON): H.R. 1419: Mr. MCHUGH, Mr. MITCHELL, and SCHIFF, Ms. SLAUGHTER, Mr. SNYDER, Mr. H. Res. 1119. A resolution supporting the Mr. HINCHEY. STARK, Mr. THOMPSON of California, Mr. goals and ideals highlighted through Na- H.R. 1431: Mrs. SCHMIDT. UDALL of New Mexico, Ms. VELA´ ZQUEZ, Ms. tional Volunteer Week; to the Committee on H.R. 1552: Mr. WELCH of Vermont. WASSERMAN SCHULTZ, Mr. WU, Ms. BALDWIN, Education and Labor. H.R. 1576: Mr. WITTMAN of Virginia. Ms. CASTOR, Mr. DINGELL, Mr. ENGEL, Mr. By Mr. ABERCROMBIE (for himself, H.R. 1609: Mr. LATTA, Mrs. BONO MACK, Mr. ETHERIDGE, Mr. GONZALEZ, Mr. GRIJALVA, Mr. WESTMORELAND, and Mr. SIMP- SCOTT of Virginia, and Mrs. MUSGRAVE. Mr. HARE, Mr. INSLEE, Ms. ZOE LOFGREN of SON): H.R. 1610: Ms. WASSERMAN SCHULTZ and Mr. California, Mrs. MCCARTHY of New York, H. Res. 1120. A resolution supports the es- CRAMER. Mrs. NAPOLITANO, Mr. OBERSTAR, Mr. ORTIZ, tablishment of an NCAA Division I Football H.R. 1621: Mr. RAHALL. Mr. RODRIGUEZ, Mr. ROTHMAN, Ms. LINDA T. Bowl Subdivision Championship playoff sys- H.R. 1646: Mr. ISRAEL. SA´ NCHEZ of California, Ms. SHEA-PORTER, Ms. tem in the interest of fairness and to bring H.R. 1647: Mr. NEAL of Massachusetts, Mr. SOLIS, Ms. SUTTON, and Mr. WAXMAN. parity to all NCAA teams; to the Committee COHEN, Mr. HOLT, Mr. LIPINSKI, and Mr. H.R. 3232: Mr. BRADY of Pennsylvania and on the Judiciary, and in addition to the COSTELLO. Mr. HIGGINS. Committee on Education and Labor, for a pe- H.R. 1655: Mr. COSTELLO and Mr. FILNER. H.R. 3341: Mr. BARTLETT of Maryland. riod to be subsequently determined by the H.R. 1667: Mr. ISRAEL. H.R. 3419: Mr. MCDERMOTT. Speaker, in each case for consideration of H.R. 1738: Ms. CASTOR and Mr. FOSSELLA. H.R. 3457: Mr. GONZALEZ and Mr. such provisions as fall within the jurisdic- H.R. 1783: Mr. HONDA. MCCOTTER. tion of the committee concerned. H.R. 1827: Ms. FOXX and Mr. CAMPBELL of H.R. 3544: Mr. WAXMAN and Mrs. MALONEY By Mr. BISHOP of Utah: California. H.R. 1881: Ms. SLAUGHTER. of New York. H. Res. 1121. A resolution commending Mil- H.R. 1889: Mr. BOREN. H.R. 3622: Mr. ARCURI and Ms. HIRONO. ler Motorsports Park, the county of Tooele, H.R. 1890: Mr. BOREN. H.R. 3700: Mr. ALLEN. and the State of Utah for hosting the Fed- H.R. 1930: Mrs. BACHMANN. H.R. 3800: Mr. DONNELLY. eration Internationale de Motocyclisme H.R. 1932: Mr. UDALL of New Mexico and H.R. 3865: Mr. COBLE, Mr. FARR, Mr. (FIM) Superbike World Championship May 29 Mr. PAYNE. ELLISON, and Mr. BOUCHER. through June 1, 2008; to the Committee on H.R. 1940: Mr. WITTMAN of Virginia. H.R. 3976: Mr. BISHOP of New York. Foreign Affairs. H.R. 1967: Mr. PENCE, Mr. SMITH of Ne- H.R. 4008: Mr. KELLER. By Mrs. MUSGRAVE: braska, Ms. FALLIN, Mr. WITTMAN of Vir- H.R. 4020: Mr. JEFFERSON and Mr. CARSON. H. Res. 1122. A resolution recognizing ginia, Mr. MCKEON, Mr. TERRY, and Mr. H.R. 4107: Mr. BOUCHER. Armed Forces Day; to the Committee on LAMBORN. H.R. 4114: Mr. DEFAZIO. Oversight and Government Reform. H.R. 2032: Mr. JEFFERSON. H.R. 4202: Mr. COSTELLO. By Mr. ROHRABACHER (for himself, H.R. 2054: Ms. WASSERMAN SCHULTZ. H.R. 4218: Mrs. CAPPS. Mr. DELAHUNT, Mr. CHABOT, Mr. H.R. 2091: Mr. WU and Mr. LATHAM. H.R. 4236: Mr. SCOTT of Virginia and Mr. COBLE, Mr. COHEN, Mr. DUNCAN, Mr. H.R. 2138: Mr. MCHENRY, Mr. LINCOLN DIAZ- CARNEY. JONES of North Carolina, Ms. KAP- BALART of Florida, Mrs. WILSON of New Mex- H.R. 4335: Mr. CAPUANO. TUR, and Mr. ROYCE): ico, and Mr. GARY G. MILLER of California. H.R. 4344: Mr. KUHL of New York. H. Res. 1123. A resolution calling on the H.R. 2188: Ms. BALDWIN, Ms. ZOE LOFGREN H.R. 4450: Mr. BACA, Mr. CUMMINGS, Mr. President of the United States not to com- of California, and Ms. ROS-LEHTINEN. BOUCHER, and Mr. MORAN of Virginia. mit the United States to any status of forces H.R. 2230: Mr. PEARCE. H.R. 4460: Mr. HUNTER and Mr. CONAWAY. agreement or any other bilateral agreement H.R. 2241: Mr. PASTOR. H.R. 4544: Mrs. DRAKE, Mr. SIMPSON, Mr. with the Republic of Iraq that involves the H.R. 2280: Mr. WALZ of Minnesota. OBERSTAR, Mr. MILLER of Florida, and Mr. continued presence of the United States H.R. 2325: Mr. BOREN. GALLEGLY. Armed Forces in Iraq unless the agreement H.R. 2330: Mrs. DRAKE, Mr. ENGLISH of H.R. 4688: Mr. PORTER and Mr. GRIJALVA. includes a provision under which the Repub- Pennsylvania, and Mr. POE. H.R. 4879: Mr. BRADY of Pennsylvania. lic of Iraq agrees to reimburse the United H.R. 2370: Mr. BRALEY of Iowa. H.R. 4900: Mr. SHUSTER, Mr. MCCRERY, Mr. States for all costs incurred by the United H.R. 2611: Mr. ALTMIRE. HALL of Texas, Mr. KINGSTON, Mr. ORTIZ, Mr. States related to the presence of United H.R. 2676: Mr. BOUCHER. BARROW, Mr. THORNBERRY, Mr. TIM MURPHY States Armed Forces in Iraq after the effec- H.R. 2744: Ms. SLAUGHTER, Mrs. BONO of Pennsylvania, Mr. BONNER, and Mr. tive date of the agreement; to the Com- MACK, Mr. ROSKAM, Mr. MEEKs of New York, TERRY. mittee on Foreign Affairs. Mr. RANGEL, Mr. BECERRA, and Ms. CASTOR. H.R. 4930: Mr. BOUCHER and Ms. BALDWIN.

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H.R. 4959: Mr. HARE and Mr. STARK. H. Con. Res. 249: Mr. MICA. LEWIS of California, Mr. MARKEY, Mr. CAS- H.R. 5131: Ms. EDDIE BERNICE JOHNSON of H. Con. Res. 257: Mr. SAXTON, Mr. BOREN, TLE, Mr. PENCE, Mr. GILCHREST, Mr. PAUL, Texas. Mr. MANZULLO, and Mr. HUNTER. Mr. BARTLETT of Maryland, Mr. KUCINICH, H.R. 5180: Mr. DONNELLY and Ms. EDDIE H. Con. Res. 295: Ms. FALLIN, Mr. LAMBORN, Mr. REICHERT, Mr. GERLACH, Mr. DENT, Mr. BERNICE JOHNSON of Texas. and Mr. FORBES. TOM DAVIS of Virginia, Mr. SAXTON, Mr. H.R. 5244: Mr. GENE GREEN of Texas and H. Con. Res. 317: Mr. CHABOT, Mr. WILSON HAYES, Mr. MCHENRY, Mr. STEARNS, Ms. ROS- Mr. YARMUTH. of South Carolina, Ms. DELAURO, and Mr. LEHTINEN, and Mr. ROGERS of Kentucky. H.R. 5265: Mr. HOLT. PAYNE. H. Res. 937: Ms. FALLIN and Mr. REYES. H.R. 5268: Mr. HARE, Mr. DAVIS of Illinois, H. Con. Res. 318: Mr. INGLIS of South Caro- H. Res. 981: Mr. MILLER of North Carolina. Ms. ESHOO, and Mr. WEINER. lina and Mr. Carson. H. Res. 984: Mr. PASTOR, Mr. DOOLITTLE, H.R. 5404: Mr. WITTMAN of Virginia. ILNER APTUR H. Con. Res. 320: Mr. F , Ms. K , Mrs. DAVIS of California, Mr. BOYD of Flor- H.R. 5448: Mrs. NAPOLITANO. ATTAH APOLITANO Mr. F , and Mrs. N . ida, Mr. TANNER, Mr. ROSS, Mr. TAYLOR, Mr. H.R. 5461: Ms. BALDWIN. H. Con. Res. 323: Mr. FORBES. SHULER, Mr. SPACE, Mr. CHANDLER, Mr. COO- H.R. 5465: Mr. PETERSON of Minnesota and H. Con. Res. 328: Ms. DELAURO. PER, Mr. MCINTYRE, Mr. HILL, Mr. PATRICK Ms. BALDWIN. H. Con. Res. 329: Mr. TIM MURPHY of Penn- MURPHY of Pennsylvania, Mr. COSTA, Mr. H.R. 5467: Mr. SHULER. sylvania, Mr. GERLACH, Mr. FEENEY, Mr. BISHOP of Georgia, Mr. CRAMER, Mr. LINCOLN H.R. 5498: Mr. GERLACH. PLATTS, Mr. MCCOTTER, Mr. GOODE, Mr. BUR- DAVIS of Tennessee, Mr. CARNEY, Mr. BAR- H.R. 5510: Mr. HILL. TON of Indiana, and Mr. JONES of North Caro- ROW, Mr. KENNEDY, Ms. HERSETH SANDLIN, H.R. 5534: Mr. BERMAN, Mr. MORAN of Vir- lina. Mr. ELLSWORTH, Mr. ARCURI, and Mr. ginia, Ms. DELAURO, Mr. ROHRABACHER, Mr. H. Res. 37: Mr. COHEN. MAHONEY of Florida. BILBRAY, Mr. ALEXANDER, Mr. PALLONE, and H. Res. 373: Mr. TIM MURPHY of Pennsyl- H. Res. 992: Mr. PETERSON of Minnesota. Ms. MATSUI. vania and Ms. SLAUGHTER. LEIN H.R. 5541: Mr. WALDEN of Oregon. H. Res. 795: Mr. VAN HOLLEN. H. Res. 1002: Mr. K of Florida, Mr. ´ H.R. 5546: Mr. WAMP. H. Res. 821: Mr. MILLER of Florida. WYNN, Ms. BERKLEY, Ms. LINDA T. SANCHEZ H.R. 5548: Mr. TOWNS. H. Res. 881: Mr. CAMPBELL of California, of California, Mr. SCOTT of Georgia, Mr. H.R. 5552: Mr. GARRETT of New Jersey and Mr. FEENEY, Mr. BARTLETT of Maryland, Mr. CUMMINGS, Mr. MORAN of Virginia, Mr. CAS- Mr. KAGEN. PENCE, Mr. DAVID DAVIS of Tennessee, Mr. TLE, Ms. WOOLSEY, Ms. CASTOR, Mr. THOMP- H.R. 5611: Ms. PRYCE of Ohio. CHABOT, Mr. BURTON of Indiana, Mr. SON of Mississippi, Mr. UPTON, and Mr. H.R. 5613: Ms. WATSON, Mrs. EMERSON, and TANCREDO, Mr. ROYCE, Mr. BRADY of Texas, COSTELLO. Mr. HOBSON. Mr. BROUN of Georgia, Mr. WALBERG, Mr. H. Res. 1008: Mr. FILNER and Mr. LATHAM. H.R. 5626: Mr. CARSON and Mr. MCDERMOTT. FLAKE, Mr. REYNOLDS, Mrs. MYRICK, and Mr. H. Res. 1054: Mrs. BIGGERT. H.R. 5648: Mr. WALDEN of Oregon. STEARNS. H. Res. 1056: Mr. HARE and Mr. BRALEY of H.R. 5656: Mr. DAVIS of Kentucky, Mr. ROG- H. Res. 923: Mr. DAVID DAVIS of Tennessee, Iowa. ERS of Kentucky, Mr. THORNBERRY, Mr. Mr. WALBERG, Mr. FRANKs of Arizona, Mr. H. Res. 1062: Mr. FILNER. NEUGEBAUER, and Mr. BOUSTANY. SHADEGG, Mr. CAMPBELL of California, Mr. H. Res. 1067: Mr. LOBIONDO and Mr. H.R. 5669: Ms. ROS-LEHTINEN, Mr. BISHOP of KUHL of New York, Mr. PRICE of Georgia, Mr. SALAZAR. Georgia, and Ms. WASSERMAN SCHULTZ. CLAY, Mr. ADERHOLT, Mr. DANIEL E. LUNGREN H. Res. 1070: Mr. CONAWAY. NGLISH H.R. 5673: Mr. E of Pennsylvania, of California, Mr. DICKS, Mr. CARNEY, Mr. H. Res. 1076: Mrs. CUBIN, Mr. SOUDER, Mr. UHL OUNG Mr. K of New York, Mr. Y of Alaska, FOSTER, Mr. GARRETT of New Jersey, Mr. PENCE, and Mr. JONES of North Carolina. ALLIN and Ms. F . SCOTT of Georgia, Ms. EDDIE BERNICE JOHN- H. Res. 1079: Mr. ORTIZ, Ms. GINNY BROWN- H.R. 5674: Mr. BOREN. SON of Texas, Ms. KILPATRICK, Ms. LEE, Mr. WAITE of Florida, Mrs. BACHMANN, Ms. ZOE H.R. 5676: Mr. MACK, Ms. ROS-LEHTINEN, CLYBURN, Mr. ALTMIRE, Mr. DAVIS of Illinois, LOFGREN of California, and Ms. KILPATRICK. Mr. BILIRAKIS, Mr. MARIO DIAZ-BALART of Mr. BISHOP of Georgia, Mr. HOEKSTRA, Mr. H. Res. 1081: Mr. HINOJOSA. Florida, Ms. CORRINE BROWN of Florida, Ms. GOHMERT, Mr. NEUGEBAUER, Ms. GINNY H. Res. 1099: Mr. HINOJOSA. GINNY BROWN-WAITE of Florida, Mr. KELLER, BROWN-WAITE of Florida, Mr. HASTINGS of H. Res. 1109: Mr. MCGOVERN, Mr. MORAN of and Mr. LINCOLN DIAZ-BALART of Florida. Florida, Mr. FLAKE, Mr. WELCH of Vermont, Virginia, Ms. LEE, and Mr. ENGEL. H.R. 5681: Ms. ZOE LOFGREN of California. Mr. PUTNAM, Mr. ROSKAM, Mr. HULSHOF, Mr. H. Res. 1110: Ms. SCHWARTZ, Mr. TIBERI, Mr. H.R. 5700: Mr. CROWLEY. WILSON of South Carolina, Mr. TIM MURPHY REICHERT, Mrs. EMERSON, Mrs. TAUSCHER, H.R. 5716: Mr. GONZALEZ. of Pennsylvania, Mr. FRANK of Massachu- AXTON INNY ROWN AITE H.R. 5723: Mr. EDWARDS, Mr. NEUGEBAUER, Mr. S , Ms. G B -W of setts, Mr. COSTELLO, Mr. LATTA, Mr. AVIS ONNER and Mr. BOUSTANY. Florida, Mr. D of Kentucky, Mr. B , SHIMKUS, Mr. FEENEY, Mr. CRENSHAW, Ms. H.R. 5728: Ms. GINNY BROWN-WAITE of Flor- and Mr. FEENEY. ida. PRYCE of Ohio, Mr. HENSARLING, Mr. COLE of H. Res. 1111: Mr. ENGEL, Mr. H.R. 5731: Mr. JORDAN. Oklahoma, Mr. LEWIS of Kentucky, Mr. RUPPERSBERGER, Mr. TANNER, Mr. WEXLER, H.R. 5740: Mr. MCCAUL of Texas, Mr. WAX- JONES of North Carolina, Mr. LOEBSACK, Mr. Mr. HASTINGS of Florida, Mr. ALTMIRE, Mr. MAN, Mr. MCDERMOTT, Mr. KELLER, Mr. GER- CAPUANO, Mr. CONYERS, Mr. SKELTON, Mr. SIRES, Mr. HODES, Mr. BRALEY of Iowa, and LACH, Mr. FOSTER, Mr. STEARNS, Ms. KIL- SHULER, Mr. MITCHELL, Mr. TAYLOR, Mr. Mr. INSLEE. PATRICK, Mr. GUTIERREZ, Ms. NORTON, and DONNELLY, Mr. ELLSWORTH, Mr. WILSON of H. Res. 1115: Mr. RUPPERSBERGER, Mr. Mr. FERGUSON. Ohio, Mr. BILBRAY, Mrs. CUBIN, Mr. LAHOOD, ARCURI, and Mr. WITTMAN of Virginia. H.R. 5752: Mr. BROUN of Georgia. Mrs. SCHMIDT, Mr. BROUN of Georgia, Ms. H.R. 5776: Mr. PENCE, Mr. WELDON of Flor- FOXX, Mr. WESTMORELAND, Mrs. DRAKE, Mr. f ida, Mr. DOOLITTLE, Mr. KUHL of New York, BROWN of South Carolina, Mr. BARRETT of Mr. CHABOT, Mr. SHIMKUS, Mr. WITTMAN of South Carolina, Mr. WAMP, Mrs. BLACKBURN, Virginia, and Ms. FALLIN. Mr. LAMBORN, Mr. MARCHANT, Mrs. PETITIONS, ETC. H.R. 5782: Mr. BARRETT of South Carolina. MUSGRAVE, Mr. PITTS, Mr. HOBSON, Mr. Under clause 3 of rule XII, petitions BOUSTANY, Mr. AKIN, Mr. GINGREY, Mr. H.R. 5788: Ms. MATSUI and Ms. HIRONO. and papers were laid on the clerk’s H.R. 5794: Mr. BONNER and Mr. POE. GOODE, Mr. DOOLITTLE, Mr. DUNCAN, Mrs. H.R. 5795: Mr. BROUN of Georgia. BONO MACK, Mr. MACK, Mrs. CAPITO, Mr. desk and referred as follows: H.R. 5818: Ms. CLARKE, Ms. MOORE of Wis- MCCARTHY of California, Mr. JORDAN, Mr. 236. The SPEAKER presented a petition of consin, and Mr. WILSON of Ohio. SALI, Mr. FORTENBERRY, Mr. DEAL of Geor- the National Legislative Commission of the H.R. 5825: Mrs. EMERSON, Mr. JOHNSON of Il- gia, Mr. LINDER, Mr. PEARCE, Mr. HALL of American Legion, relative to Resolutions linois, Mr. MACK, Mr. ROGERS of Michigan, New York, Mr. KELLER, Mr. MILLER of Flor- with legislative intent for the 110th Congress Mr. DAVID DAVIS of Tennessee, Mr. RENZI, ida, Mr. SNYDER, Mr. BURGESS, Mrs. Second Session; to the Committee on Vet- Mr. POE, Mr. DUNCAN, and Mr. KNOLLENBERG. MCMORRIS RODGERS, Mrs. EMERSON, Mr. erans’ Affairs.

VerDate Mar 15 2010 09:10 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR08\H17AP8.001 H17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6317 SENATE—Thursday, April 17, 2008

The Senate met at 12:45 p.m. and was TEMPORARY EXTENSION OF THE S. RES. 519 called to order by the Honorable FARM SECURITY AND RURAL IN- Whereas Pope Benedict XVI will travel to CLAIRE MCCASKILL, a Senator from the VESTMENT ACT OF 2002 the United States for his first pastoral visit State of Missouri. Mr. REID. Madam President, I ask as Pope and will visit Washington, DC, and New York; unanimous consent that the Senate PRAYER Whereas Pope Benedict XVI was elected as proceed to the consideration of H.R. Chaplain, Dr. Barry C. Black, offered the 265th Bishop of Rome on April 19, 2005, 5813. succeeding the much beloved Pope John Paul the following prayer: The ACTING PRESIDENT pro tem- II; Let us pray. pore. The clerk will state the bill by Whereas the visit of Pope Benedict XVI Almighty God, who has given us this title. will mark the 9th visit of a pope to the good land for our heritage, help us to The legislative clerk read as follows: United States, recognizing the historical im- be a people mindful of Your favor and A bill (H.R. 5813) to amend Public Law 110– portance of the Catholic Church in American glad to do Your will. Save us from vio- 196 to provide for a temporary extension of life, the deep faith and charity of its mem- lence, discord, and confusion, from programs authorized by the Farm Security bers, and the responsibilities of the United pride and arrogance and from every and Rural Investment Act of 2002 beyond States in world affairs; evil way. April 18, 2008. Whereas Pope Benedict XVI has spoken ap- provingly of the vibrance of religious faith in Lord, defend our liberties and fashion There being no objection, the Senate the United States, a faith nourished by a us into one united people. Empower our proceeded to consider the bill. constitutional commitment to religious lib- Senators with the spirit of wisdom that Mr. REID. Madam President, I ask erty; justice and peace may reign. May they unanimous consent that the bill be Whereas Pope Benedict XVI remains com- serve You with such faithfulness that read the third time and passed; that mitted to ecumenical dialogue and, during America will show forth Your praise the motion to reconsider be laid upon his trip to the United States, will meet with among the nations of the Earth. In the table; that there be no intervening leaders of world religions and representa- times of prosperity, fill their hearts action or debate; and that any state- tives of other Christian denominations and will visit a synagogue in New York City, all with thankfulness, and in the day of ments relating to this matter be print- demonstrating his commitment to sincere trouble give them a robust faith in ed in the RECORD. dialogue and unity among all members of the You. May they keep their attention on The ACTING PRESIDENT pro tem- human family; You as the only one they must please. pore. Without objection, it is so or- Whereas Pope Benedict XVI has authored 2 We pray in the Redeemer’s Name. dered. encyclical letters inviting the world to medi- Amen. The bill (H.R. 5813) was ordered to a tate on the virtues of love and hope, ‘‘Deus f third reading, was read the third time, caritas est’’ and ‘‘Spe salvi’’; and passed. Whereas millions of Americans have dis- PLEDGE OF ALLEGIANCE Mr. REID. Madam President, this covered in Pope Benedict’s words a renewed The Honorable CLAIRE MCCASKILL led farm bill has been extended for a short faith in the power of hope over despair and the Pledge of Allegiance, as follows: love over hate; period of time. The conferees have Whereas Pope Benedict XVI has been a I pledge allegiance to the Flag of the worked extremely hard. I hope we can clear and courageous voice for the voiceless, United States of America, and to the Repub- get the conference report to us early working tirelessly for the recognition of lic for which it stands, one nation under God, next week. It would be a real dis- human dignity and religious freedom across indivisible, with liberty and justice for all. appointment if we didn’t get this bill the globe; f done. Whereas Pope Benedict XVI has spoken out APPOINTMENT OF ACTING for the weak and vulnerable; f Whereas Pope Benedict XVI seeks to ad- PRESIDENT PRO TEMPORE WELCOMING POPE BENEDICT XVI vance a ‘‘civilization of love’’ across our The PRESIDING OFFICER. The TO THE UNITED STATES world; and Whereas Catholics in parishes and schools clerk will please read a communication Mr. REID. Madam President, I ask to the Senate from the President pro across the Nation, and countless other Amer- unanimous consent that we now pro- icans as well, eagerly await the visit of Pope tempore (Mr. BYRD). ceed to the consideration of S. Res. 519. The legislative clerk read the fol- Benedict XVI to the United States: Now, The ACTING PRESIDENT pro tem- therefore, be it lowing letter: pore. The clerk will report. Resolved, That the Senate welcomes Pope U.S. SENATE, The legislative clerk read as follows: Benedict XVI on the occasion of his first pas- PRESIDENT PRO TEMPORE, A resolution (S. Res. 519) welcoming Pope toral visit to the United States and recog- Washington, DC, April 17, 2008. Benedict XVI to the United States and rec- nizes the unique insights his moral and spir- To the Senate: ognizing the unique insights his moral and itual reflections bring to the world stage. Under the provisions of rule I, paragraph 3, spiritual reflections bring to the world stage. of the Standing Rules of the Senate, I hereby appoint the Honorable CLAIRE MCCASKILL, a There being no objection, the Senate f Senator from the State of Missouri, to per- proceeded to consider the resolution. form the duties of the Chair. Mr. REID. Madam President, I ask SCHEDULE ROBERT C. BYRD, unanimous consent that the resolution President pro tempore. be agreed to, the preamble be agreed Mr. REID. Madam President, we are Mrs. MCCASKILL thereupon assumed to, and the motion to reconsider be laid going to resume consideration of the the chair as Acting President pro tem- upon the table. highway bill very soon. Yesterday, we pore. The ACTING PRESIDENT pro tem- filed cloture on the Boxer substitute amendment to the underlying bill. f pore. Without objection, it is so or- dered. Under the rule, Senators have until RECOGNITION OF THE MAJORITY The resolution (S. Res. 519) was 1 p.m. today to file first-degree amend- LEADER agreed to. ments. Senator MCCONNELL and I are The ACTING PRESIDENT pro tem- The preamble was agreed to. going to have a consent agreement pore. The majority leader is recog- The resolution, with its preamble, that we will present to the Senate in nized. reads as follows: the immediate future.

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

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6318 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 RESERVATION OF LEADER TIME curred at some point during the solve a problem that is the basic public The ACTING PRESIDENT pro tem- SAFETEA–LU consideration years ago. policy for American agriculture. NANCY pore. Under the previous order, leader- We have corrected the problem in the PELOSI, the Speaker of the House, op- ship time is reserved. bill. We want to now have some type of poses the tax provision within the bill. investigation to find out exactly what Why? She isn’t a member of the Fi- f went wrong and if there were any nance Committee or a member of the HIGHWAY TECHNICAL crimes committed. There were two op- Agriculture Committee. Yes, she is the CORRECTIONS ACT OF 2007 tions. Senator COBURN is setting up a majority leader and, therefore, if she The ACTING PRESIDENT pro tem- complicated select committee of the opposes it, she could certainly block it, pore. Under the previous order, the House and Senate. We believe strongly and she can kill farm policy. Senate will resume consideration of that it creates constitutional prob- I have worked with Senator HARKIN H.R. 1195, which the clerk will report. lems, and we think it might interfere and Senator SAXBY CHAMBLISS for the The assistant legislative clerk read with a Justice Department investiga- last month, and I know they have as follows: tion. worked overtime. This is not a criti- And then Senator REID had rec- A bill (H.R. 1195) to amend the Safe, Ac- cism of our colleagues; it is a criticism countable, Flexible, Efficient Transportation ommended, I think a far better way to of a dysfunctional system that no Equity Act: A Legacy for Users, to make get at the problem, which is a Justice longer can cut a deal and make basic technical corrections, and for other pur- Department investigation. I have writ- and important public policy. So here poses. ten an amendment to go along with we are, with one more extension. Pending: that. We are hoping to vote on that and SAXBY CHAMBLISS called me this morn- Boxer amendment No. 4146, in the nature of then, hopefully, get to a cloture vote ing and said: LARRY, would you give us a substitute. and final passage. another week? I said I would give them Coburn amendment No. 4538 (to amend- So that is the lay of the land, as best 1 more week, but, frankly, this is it; I ment No. 4146), to create a bipartisan, bi- I see it. I wish I had more control over will not accept another extension next cameral special committee to investigate this at the moment. If I did, we would week on the farm bill, unless the deal the improper insertion of an earmark for Co- be voting in 5 minutes on the whole has been cut, unless the agreement has conut Road into the conference report of the package. Until then, I will see you as 2005 highway bill after both Chambers of been made and it is simply the proce- soon as we have an agreement and, dure of putting it in writing and get- Congress had approved identical versions of hopefully, we will get this matter done the conference report. ting it to print and to the President. today. Boxer amendment No. 4539 (to the text of The President, when he signed the I yield the floor. the committee substitute to be inserted), to extension last time, said: ‘‘Enough is call for a review by the Department of Jus- The ACTING PRESIDENT pro tem- pore. The Senator from Idaho is recog- enough.’’ Even this week, he softly tice of allegations of violations of Federal talked about vetoing an extension. So I criminal law. nized. guess the point I am trying to make is, Coburn amendment No. 4540 (to amend- EXTENSION OF THE FARM BILL what is at stake? Why are we bickering ment No. 4539), relative to the Coconut Road Mr. CRAIG. Madam President, I am over the fine points, when the funda- Investigation. on the floor to speak about something mental policy points are in place? The ACTING PRESIDENT pro tem- the majority leader proposed and that pore. The Senator from Idaho is recog- we have accepted by unanimous con- Let’s look at what we have done, be- nized. sent; that is, a 1-week extension of ex- cause we ought to be proud of the work Mr. CRAIG. Madam President, I ask isting farm policy, the existing farm of the new farm bill: Significant in- unanimous consent that I be allowed to bill. creases in conservation funding for our speak for up to 10 minutes in morning I come to the floor to speak because working farmlands, including con- business. last night I put a hold on that UC re- servation, stewardship, and environ- Mrs. BOXER. Madam President, re- quest. I, similar to many Senators— mental quality incentive programs. serving the right to object, I wanted to and especially American agriculture— These are programs that encourage have a minute before to explain the lay am growing very frustrated and rest- farmers and ranchers to incorporate of the land. less about the reality that we don’t better tillage practices, thereby se- Mr. CRAIG. I yield to the chairman have a farm bill. As we know, across questering more carbon and doing their and leader of the bill. America and in central parts of our part as it relates to reducing green- Mrs. BOXER. Madam President, for country—certainly in the South— house gas emissions. We have added, the interest of all Members, we have spring is here and it is planting season. for our dairies, better manure manage- been working now since Monday to The farm bill that is current law, ment practices to reduce methane gas pass a technical corrections bill, which, which we extended a few moments ago, emissions. Here we are talking about it seems to me, should have been actually expired on September 30 of climate change. The President spoke to passed very quickly. It basically makes 2007. climate change yesterday. Yet we can- some corrections to the last big high- It was in July 2007 that the House not come to an agreement on some- way and transit bill so certain projects passed their version, and on December thing that would allow American agri- that have been held up for technical 14 we passed ours. Now, we have offered culture to advance their practices to reasons can go forward, and others that several extensions so the principals— make it work, in their instance, and weren’t ready, pushed aside, and an- the House and Senate Ag committees— allow a contribution to the climate other can go forward. This will unleash could work on their differences with change carbon emissions issue. about a billion dollars’ worth of impor- the administration and solve these There is a provision within the new tant programs for our Nation. problems. Yet they have not been able farm bill that I and Senator STABENOW These projects have been vetted, and to do it. have worked on—literally for 5 years— they have been posted on the Web page Is this symbolic of a dysfunctional to get a new provision in the farm bill of the committee, as we must do ac- Congress that we have been experi- to recognize the near 50 percent of cording to our new ethics rules. We are encing for the last several years, where gross revenue coming out of agri- very pleased it looks like we might be we simply cannot grapple with the big culture today, known as specialty able to wrap this up in the next few and responsible basic public policy crops. For the first time, we have a hours. issues of our country? It appears to be new title on specialty crops. If I say at As far as I am concerned, we are that way. I will blame both sides on the end of the week—and their work is ready to vote. We have the Coburn this issue. It is both sides that are at not done—I am not going to extend it amendment and the Boxer amendment, fault that they cannot come together any more, I am going to have to forgo which deal with a real problem that oc- and, if you will, split the difference and this. I am going to forgo it and say to

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6319 the farmers in Idaho and across Amer- I was recently in Ottawa, Canada, policy and give them certainty for a ica: Let’s do a 2-year extension on ex- looking at a cellulosic ethanol produc- minimum of at least 1 year. isting policy, or at least 1-year exten- tion plant, hoping it will be brought I yield the floor and suggest the ab- sion so you know where you are when south of the border into the United sence of a quorum. you get to planting season, instead of States so we can begin to use agricul- The ACTING PRESIDENT pro tem- watching Congress fall all over itself tural residues for the purpose of mak- pore. The clerk will call the roll. because they cannot cut a deal. ing ethanol, lessening the pressure on The assistant legislative clerk pro- Isn’t it about time we settle our dif- some of our grain crops, especially our ceeded to call the roll. ferences and show America we can corn crops. Mr. WICKER. Mr. President, I ask function, that we can work the proc- There are provisions in the bill to unanimous consent that the order for ess? Have we truly become so dysfunc- incentivize biodiesel. Yet those incen- the quorum call be rescinded. tional and partisan on these fundamen- tives are the kind Speaker PELOSI says The PRESIDING OFFICER (Mr. tally bipartisan issues that they sim- are nonstarters, they are deal breakers. SALAZAR). Without objection, it is so ply cannot be resolved? On our side, How can making our country energy ordered. there is a bipartisan effort. I cannot independent, how can incentivizing the Mr. WICKER. I request permission to speak to the House side. I have not promotion of the Endangered Species speak as in morning business for no been in the negotiations. I can only see Act within private lands and giving more than 7 minutes. the results. The results simply don’t folks the benefit of doing that be a deal The PRESIDING OFFICER. Without exist. That is why this Senator is on breaker? It simply demonstrates how objection, it is so ordered. the floor today speaking with consider- this Congress cannot function today. TANKER REPLACEMENT PROGRAM able frustration over why we have a We are basically on hold right now. We Mr. WICKER. Mr. President, on Feb- Congress that, months after the expira- are not getting our work done in a va- ruary 29, 2008, the U.S. Air Force an- tion of the law, simply cannot get its riety of areas, and agriculture and the nounced its award of the KC–45A air re- work done. Commodity programs main- farm bill is simply a very tragic exam- fueling tanker program, a replacement tain a safety net. Yes, commodity ple of that type of effort, or lack there- to the aging KC–135 fleet. The two com- prices are high today and farmers are of. petitors in this process were Northrop profiting. What goes up clearly can, As I have said, September 30 of last Grumman-EADS on the one hand and and does, come down in the commodity year the policy expired. Current law the Boeing Company on the other. markets. A property safety net for was extended until March 15 and then After a 13-month-long process, the Nor- wheat and barley was in there. It is ex- again until tomorrow, and that is why throp Grumman proposal was selected tremely important we do that. the leader was on the floor today ad- as the better product for the American There are nutritional program in- vancing it for 1 more week so that agri- soldier and also the better value for the creases, making the school snack pro- culture is not without policy in place. American taxpayer. It should come as gram nationwide to deal with better This is the 17th. The work has not no surprise that this decision amount- health, and fresh fruit availabilities for been done. This Monday, Chairman ed to a major disappointment for Boe- our schoolchildren. That is different HARKIN said he was fed up. If he is fed ing. Their employees and executives and better. The disaster assistance pro- up and he is a prime negotiator, what would understandably have appreciated gram will help aid our farmers and do we get? How do we deliver an ulti- the economic benefit such an award ranchers in a more efficient fashion in matum? I am not sure. But I am sure would have brought to them. periods of serious drought and fire and we will not, nor should we, allow Amer- The award of the tanker program to other whole farm types of disasters. ican agriculture to be without policy. Northrop Grumman was not the first There is an issue in agriculture and All of the gains I have talked about, setback to the Boeing Company in this beef production that has been an issue all of the gains that were negotiated regard. of considerable contention over time. inside the Senate Agriculture Com- In 2004, Congress intervened, in the It is called country-of-origin labeling. mittee and inside the House Agri- fiscal year 2005 Defense bill, to termi- The American consumer today, when culture Committee could simply be nate the Air Force tanker lease agree- they go to the shelf and pick up a com- wiped away because there is no willing- ment. This agreement would have been modity and look at it, wants to know ness or ability to come together and costly and simply bad public policy. where it comes from. Is it a domestic work together in behalf of American Afterward, the Air Force responded U.S. product or was it produced some- agriculture. with one of the clearest and most where else in the world? So I agreed on a 1-week extension. transparent acquisition processes in We know we have concern today This is not an ultimatum, this is sim- history. The Air Force is now able to about certain types of products coming ply a statement of fact. I cannot agree purchase and own 179 KC–45s for the out of China and other areas, and the any longer. American agriculture and same price it was going to spend to consumer’s right to know the mar- Idaho’s farmers need to know. They de- lease 100 Boeing 767s. keting certainly is important in coun- serve to know. They should not be kept Compared to the reactions in States try-of-origin labeling. We finally acqui- in limbo bouncing on the end of a where Boeing has a presence, the selec- esced to implement country-of-origin string because the politicians in Wash- tion of Northrop Grumman was greeted labeling by September of this year. I ington cannot get their act together with enthusiasm in Mobile, AL, and don’t know if we can do it if we keep and simply cannot agree. We have al- along the gulf coast of my State of shoving the farm bill out, keep extend- ways come to an agreement on agri- Mississippi, where thousands of jobs ing it and not allowing the operative culture. It has always been a bipartisan will be created locally. The tankers language to come in place. policy. I hope that practice of the past will be built in Mobile, but the eco- There are critical tax provisions is a practice that ultimately can domi- nomic impact will be felt throughout within this bill. My colleague, Senator nate the negotiations over this coming the gulf coast and, in reality, through- MIKE CRAPO, has an Endangered Spe- week. out the Nation. Such is the nature of cies Act compliance in reduction and I hope my colleagues will keep their the competitive process. One contest- credits. There are wind energy credits lights on during the weekend. It is ant is selected, and the other must deal and production tax credits for cellu- time we work a little overtime to get with disappointing news. losic ethanol. Once again, as a nation this done because I am one of several It is important for Senators to under- that has grown increasingly dependent Senators who are simply at a point of stand that the Air Force and the De- on foreign energy sources, we are say- saying: Can’t go there anymore; time fense Department utilized an ex- ing to American agriculture in this to finish it; time to tell American agri- tremely fair and open acquisition proc- farm bill: Here are some incentives for culture: Here is the new policy. And if ess. The Government requested and re- increased production. we cannot, then let’s extend the old ceived proposals for the tanker in early

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6320 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 2007 and then continued with an open percent U.S. content in the KC–45A tanker competition in a row where the review process until Northrop Grum- tanker. This will truly be America’s EADS platform was chosen as the win- man was announced as the winner in tanker, assembled in America by ner over all other competitors. Aus- February of this year. American workers and for the protec- tralia, Saudi Arabia, and the United In winning this contract, Northrop tion of the American military. The KC– Arab Emirates have also recently Grumman simply did a better analysis 45A will be fully assembled and milita- placed orders for this tanker. and provided a better solution for the rized for U.S. Air Force operations by Some are calling for tighter restric- Air Force. The KC–45A carries more American workers in two separate fa- tions on the level of international con- fuel, more passengers, and more cargo. cilities in Mobile. tent in U.S. defense systems. That, to It will also cost less to produce, pass- No sensitive military technology will my mind, would be a mistake and ing along savings to the American tax- be exported to Europe in connection would amount to changing the rules in payers. By utilizing a broad base of with this program. Instead, a new aero- the middle of the game. The U.S. econ- suppliers in 49 of our 50 States, the space corridor will continue to grow omy is tightly integrated into the glob- Northrop Grumman tanker will create and flourish along the gulf coast re- al economy, and the aerospace sector is 48,000 direct and indirect jobs across gion. no exception. our country. The KC–45A tanker will join the There are numerous examples of Despite this, some want to stop this Global Hawk, Fire Scout, joint cargo transatlantic cooperation on vital U.S. process from going forward. I have been aircraft, and the light utility heli- military programs where foreign sup- disturbed by the words and actions of copter production facilities that are al- pliers do play essential roles. Some of Boeing and its supporters. The level of ready successfully producing high-reli- the more visible programs include the misinformation injected into this proc- ability defense systems for our Nation. F–35 Joint Strike Fighter produced by ess with the clear intent of derailing The light utility helicopter, for exam- Lockheed Martin, Northrop Grumman, the award is troubling for many rea- ple, is being built by EADS North and British Aerospace; the VH–71 Pres- sons—not the least of which is the America in Columbus, MS. It is a true idential helicopter produced by Lock- precedent that would be set by Con- success for the Army and for our econ- heed Martin and Augusta Westland, a gress should it overturn this decision. omy. The Lakota, as the helicopter is European consortium; and the Joint The Air Force should be allowed to known, was delivered to the Army 3 Cargo Aircraft produced by L–3, Boe- make this acquisition decision based months ahead of schedule. To date, 24 ing, and Alenia, built in Florida from solely on the facts and the merits of Lakota helicopters have been delivered an Italian airframe. I don’t recall anyone in this Chamber the two competing proposals, and that on or ahead of schedule. The Lakota or from Boeing expressing concern is exactly what it did in choosing the has over 2,000 flight hours, with over a about the level of European participa- Northrop Grumman tanker. 90-percent full mission capable rate. In tion in the Joint Cargo Aircraft, which Let’s look at some of the claims addition, EADS North America com- has only about 60 percent U.S. content, made by Boeing and its supporters— pleted a 314,000-square-foot expansion nor did anyone complain about possible first, that the competition was some- to its Mississippi facility to manufac- interruption of supplies of spare parts, how unfair. The Air Force and the De- ture this helicopter. Perhaps most im- which some have suggested would be a fense Department testified recently to portantly, the program is on budget likely outcome of buying the KC–45A. the Senate Armed Services Committee and on schedule to deliver a critical To repeat, Boeing’s Joint Cargo Air- that the KC–45A tanker competition platform to the American warfighter— craft is 60 percent U.S. content and 40 was perhaps the most rigorous, fair, just another example of EADS North percent international. When this con- and transparent acquisition in DOD America producing a product for our tract was awarded, no one raised a sin- history. This open process allowed for a country’s defense, using American gle complaint about that. Now, when significant amount of dialog among the workers. Boeing loses a competition to a part- Air Force, the Department of Defense, There should be no doubt that the nership with a similar domestic-foreign and the two bidders. This included workforce in the gulf coast region is up ratio, they make it sound as if the weekly teleconferences with the Air to the task of building these complex world is coming to an end. Force, which, during the review proc- systems. The results to date on the sys- It seems to me the level of noise de- ess, sent Northrop Grumman 295 eval- tems I just mentioned speak for them- pends on whose ox is being gored. I uation notices. They sent approxi- selves. must stress this point. Any further mately 250 notices to Boeing. Our workforce is second to none in delay of this contract would put at risk Furthermore, following the formal the Nation. So this debate, as much as the brave Americans flying the current request for proposals in January 2007, some would make you believe other- Air Force fleet of KC–135 tankers. the Air Force received no complaints wise, is not about American jobs versus These aircraft, on average, are more from Boeing or anyone else that the European jobs. It is about where in the than 45 years old. Replacement has proposal request was somehow unfair. United States those jobs will be. been the Air Force’s top modernization There were ample opportunities for A recent full-page ad in newspapers priority for several years. those concerns to be aired, but no one across the country represented the If the GAO upholds the Air Force se- said a word in this regard. Considering worst of the misinformation. The ad lection and denies Boeing’s protest, this, it is very hard to make a straight- claimed the Air Force selection ‘‘penal- that should be the end of it. At that faced claim that the process was not ized the warfighter and the taxpayer.’’ point, no Member of this body should open or fair. The facts tell another story. The KC– stand in the way of the program mov- There has also been a high level of 45A was evaluated to be a superior ing ahead. Any further efforts to delay misinformation about the so-called ex- product for the warfighter. It was also the program would not only be harmful portation of American jobs. Some erro- judged by the Air Force to be a better to our national security but would be neously claim the Northrop Grumman value for the taxpayer, providing supe- viewed by many of our foreign partners award will outsource thousands of U.S. rior military capability across the and allies as a major shift in U.S. pol- jobs to Europe. This is simply not true. board at a lower total cost than the icy. No jobs are being exported to Europe. competing KC–767 aircraft. From an economic point of view, po- On the contrary, the KC–45A will cre- The U.S. Air Force is not alone in tential retaliation by our European al- ate thousands of new jobs in America choosing the KC–45A. Our friend and lies could have a negative impact on and will support a total of 48,000 direct ally, the United Kingdom, recently an- the current $6 billion in annual pur- and indirect jobs in 49 States, as I have nounced the selection of this same air- chases of defense systems from the said. craft frame as the best solution to United States. More than 230 suppliers across the meet their national security require- In closing, I would like to acknowl- United States helped make up the 60 ments. The U.K. selection is the fifth edge that Boeing has every right to

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6321 protest this decision to the Govern- The PRESIDING OFFICER. Without That is why my colleague, Senator ment Accountability Office. Beyond objection, it is so ordered. JOHN MCCAIN, talked about the need to that, however, if this decision is not The Senator from Arizona. do something, and do something quick- overturned by GAO, any attempt to GAS TAX RELIEF ly, and proposed this gas tax holiday in alter this decision through the appro- Mr. KYL. Mr. President, about al- comments he made to the Nation a priations process or any other legisla- most 24 hours ago I had asked the couple of days ago, and why he has tive maneuver would be dangerously chairman of the committee about of- asked this amendment be introduced shortsighted, in my opinion. fering an amendment to this legisla- on his behalf, as well as Senators WAR- It would set a damaging precedent tion. It is clear that as a result of the NER, BURR, MARTINEZ, LIEBERMAN, and that would destroy our contract proc- agreement that has been worked out GRAHAM. ess now and in the future. Frankly, I and the filing of cloture and so on that In an effort to ease some of the hard- would view such a move as an attack it is not going to be possible to get a ship caused by the higher fuel prices on the competition process itself, not vote on the amendment I was speaking that I have indicated, the amendment only this award. about. would merely suspend the 18.4-percent- The workers along the gulf coast in But I would like to talk briefly about per-gallon tax on gas and the 24.4-per- Alabama and Mississippi and this en- that amendment and indicate that it cent tax on diesel fuel from Memorial tire corridor are ready to proceed with would be offered on behalf of Senator Day to Labor Day. this work for our national defense. We MCCAIN, my colleague from Arizona, as As I said, the amendment would not would all do well to step back and let well as other Senators, some of whom deplete the highway trust fund bal- the facts in this situation speak for may want to also speak to it briefly. ance. The amendment would offset any themselves. That is what the Air Force We all know gasoline prices have revenue loss from the suspension of did when choosing the Northrop Grum- risen dramatically. And the amend- this tax with Treasury revenues. So man tanker as the best option for our ment Senator MCCAIN and I and others the highway trust found will remain warfighters’ terms and the American would offer would provide a temporary whole. taxpayer and their decision should be tax holiday from Memorial Day to We all agree that our roads and high- allowed to stand. Labor Day, preventing the Federal ways must be maintained to ensure the I yield the floor and suggest the ab- Government from collecting the 18.4- safety of the road-traveling public, and sence of a quorum. percent tax, the gasoline tax, that oth- this amendment would in no way im- The PRESIDING OFFICER. The erwise motorists would pay. pact highway construction. clerk will call the roll. I assure my colleagues that the high- It is interesting, last Memorial Day The legislative clerk proceeded to way trust fund, which that tax goes alone, approximately 32 million Ameri- call the roll. into, would be kept whole with Federal cans traveled by car 50 miles or more Mrs. BOXER. Mr. President, I ask revenues from the General Treasury. from home. So suspending the Federal unanimous consent that the order for So the money we use to build highways excise tax during the summer when and bridges and so on would not be af- the quorum call be rescinded. fuel prices have historically been at fected by this amendment. The PRESIDING OFFICER. Without their highest level would allow mil- objection, it is so ordered. Briefly, I think we all feel the pinch when we fill up our cars and trucks. lions of Americans to keep a few more Mrs. BOXER. Mr. President, I ask of their hard-earned dollars and help unanimous consent that no further But listen to these statistics. Accord- ing to economy.com, gasoline prices at them better make ends meet. amendments be in order to H.R. 1195, Two final comments: There is an ar- and that at 3:30 p.m. today, the Senate the pump have increased from $2.22 to $3.33 a gallon, up 50 percent since the gument that this loss should be offset proceed to vote in relation to Boxer start of 2006. somehow by programs raising taxes amendment No. 4539, and that the I checked in my home State of Ari- somewhere else. Of course, I have never amendment be modified to be to zona yesterday. It was $3.38. There is understood why, if you are going to amendment No. 4146; to be followed by very little that Congress can do in the provide tax relief to Americans, you a vote in relation to Coburn amend- near term to reduce gas prices other would want to provide the tax relief ment No. 4538, and that Coburn amend- than this gas tax holiday. In the long and then tax them in some other way. ment No. 4540 be withdrawn once this term, we know we have to add more The Congressional Budget Office, agreement is entered; that each of production and refining capacity in our former Council of Economic Advisers, those two amendments be subject to a country and that we have to encourage Chairman Martin Feldstein, and Clin- 60 affirmative vote threshold, and that supplies to increase. But for right now, ton Treasury Secretary Robert Rubin if neither achieves that threshold, then the one thing that Congress can do, and are three of the entities or individuals it be withdrawn; that if either or both do virtually immediately, is to provide who have said it is unnecessary to off- achieve the 60-vote threshold, that it this short-term relief from the Federal set temporary tax cuts when an econ- be agreed to and the motion to recon- gas tax. omy is slowing. sider be laid upon the table; that prior At $3.33 a gallon, prices are the high- The $150 billion stimulus bill that to each vote there be 2 minutes of de- est on record. Nearly 50 cents of the passed the Senate by a vote of 81 to 16 bate equally divided and controlled in cost of each gallon of gas is due to in early February was not offset. The the usual form, and upon disposition of taxes. According to the Bureau of $15 billion-plus housing bill that passed these listed amendments, the Senate Labor Statics 2005 Consumer Expendi- the Senate 84 to 12 last week was not proceed to vote on the motion to in- ture Survey, families with two cars offset. Most of the revenue losses asso- voke cloture on the Boxer substitute, spent, on average, $2,013 on gasoline. ciated with the housing bill benefited amendment No. 4146; that if cloture is Since that study was released prices companies and other businesses, not invoked on amendment No. 4146, then have increased dramatically. Gasoline consumers. If offsets were not needed the substitute, as amended, if amended, price increases imply families are now to offset the benefit to private firms, I be agreed to, the committee-reported paying at least $3,065 on gasoline in a ask why our amendment would need to substitute, as amended, be agreed to, year. be offset since it aids struggling Amer- and the bill then read a third time; and A big chunk of that is Federal, State, ican families. without further intervening action or and local taxes. In fact, the average Finally, I heard rumors that Sen- debate the Senate proceed to vote on family pays nearly $170 in Federal gas ators would like to propose an alter- passage of H.R. 1195, as amended; that taxes. With the growing financial native to what we have produced, a the cloture motion on the bill be with- strains placed on so many Americans’ Democratic alternative that was devel- drawn; provided further that after the rising food prices and falling home oped yesterday afternoon, that would first vote, all subsequent votes in the prices, the additional hit of rising fuel effectively raise corporate income sequence be limited to 10 minutes each. prices is becoming a breaking point. taxes on oil and gas companies.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6322 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 Now, I suppose everyone likes to pick Democratic and Republican—I have On the McCain amendment, I actu- on oil and gas companies, though we spoken to Senator LINCOLN, Senator ally was looking forward to debating sure want to have some gasoline in the LANDRIEU, Senator BEN NELSON, Sen- it. I hope we will be able to, because pumps when we decide we need to fill ator HUTCHISON, only a few moments there is a lot of dispute about how it up our cars and trucks, but this pro- ago—that our committee, myself work- would actually work in the real world. posal eliminates or curtails the so- ing with Senator INHOFE and our col- There is nothing in the McCain amend- called section 199 domestic production leagues, is going to come up with a fol- ment that tells the oil companies they deduction for oil and gas companies. low-on technical corrections bill with can’t pocket the 18 cents that is going What that means in regular English the time to ensure it is put together to come off. We have seen the oil com- is effectively raising the corporate in- right. We do have some different ethics panies. In California, in some places, come tax rate by 3 percentage points. rules these days. We want to make sure we are over $4. This hurts our hearts. That is exactly the wrong medicine at we vet everything and everything is We see oil company profits soaring. If a time when our economy is not doing put up on the Web site. We have a num- it were only the cost, they would be well. Let me repeat that. The elimi- ber of very important technical correc- having the same profit and passing on nation of this tax incentive is designed tions still to be done, but we are going the cost. But, no, their profits have to encourage oil and gas companies to to do it in the next 3 weeks in com- gone up. We know about the CEO sala- produce oil and gas in the United mittee. We look forward to it. ries and all the rest. States so we do not have to go abroad I read a very complex unanimous There is nothing in the McCain and buy it from somewhere else. consent request, and I don’t think any- amendment—I would love to talk to I don’t agree with this approach. one within the sound of my voice could JOHN about that—that would say to the Rather than raising taxes on oil com- possibly follow all of it. So I thought in oil companies: Don’t use this as a mo- panies, we should be encouraging them plain English, for the good of myself as ment to raise 18 cents. So where might to explore for oil and to produce oil and well as my colleagues, I would say we be? gas in the United States, to improve where we are. We are going to have a We might do this, and we would have to now go to the general fund. All tax- our energy security and, importantly, couple of votes on the issue of Coconut Road, which is a real problem for us, payers would have to pay for this. Let’s to reduce prices for American con- and it has been straightened out in this be clear. There is no pay-for in the sumers. Why on Earth would anyone bill. We fix the problem. But there are McCain amendment—none at all. It actually want to limit domestic pro- colleagues who want to have an inves- goes to the Treasury. Who puts money duction? Reducing domestic production tigation, and we have two alternatives. in the Treasury? My taxpayers, your would only make the United States One is the Coburn amendment which taxpayers, all taxpayers. So taxpayers more dependent on foreign oil imports sets up what I consider a very com- are now going to pay for this one way and would likely cause consumers to plicated special select committee with or the other. We take it away from the pay even more at the pump. Besides, a Members from both bodies. It will have users and the taxpayers pay, and there tax increase of the type being proposed public hearings. It will review things in is nothing in it that will ensure that would have the effect of raising prices public. It will do all of that. At the end the cost won’t be nabbed and grabbed at the pump, as costs obviously would of that time, what the committee will by the oil companies. Then they get be passed on to consumers. That would do is refer something to Justice, if they the extra 18 cents, and we have blown a obviously have a reverse impact, the have found a problem. That is the $9 billion hole in the Federal budget. It exact opposite of what we are trying to whole point of the select committee. is amazing how my colleagues could do with a reduction of the gas tax on The problem is, if you read the Con- say, it is a time of stress. We have to consumers of gasoline products. stitution, you see the debate clause. do this. We need to be a little bit more Finally, there is a significant prob- We believe, from our constitutional responsible. lem with the proposal to repeal section scholars on this side, that that whole I am looking forward to this debate. 199 for U.S. oil companies. A proposal committee will fall. It will not be able I like to pay for things. Maybe I am to do this passed the House of Rep- to do its job. The House has told us old-fashioned. I am an old economics resentatives earlier this year. But this they don’t see how Senators can inves- major. I think it is good to pay for very same provision that passed the tigate House Members and House Mem- things. I think we could figure out a House would have the effect of keeping bers can investigate Senate Members. way to pay for things. But to say no- the 199 tax incentive for CITGO, the oil We think the best way to go, Senator body gets hurt when the tab in the company owned by the Venezuelan REID and I and others, is to have the McCain amendment is picked up by all Government; obviously, not a good idea Justice Department get right in there. taxpayers is faulty. We will have to while we are repealing it for American Ours is not a sense-of-the-Senate ap- make up that $9 billion. We Democrats companies, to leave that tax incentive proach. We require the Justice Depart- think there is a way to do it. We see for a competitor of our oil companies ment to move forward. Instead of hav- the profits of the oil companies. We say owned by the Venezuelan Government. ing a big Senate-House committee, to the oil companies: Good for you, but I don’t know whether that was unin- with the press flashing pictures and all there is a point at which, when Ameri- tentional, but that is the effect of the the rest, just get to it and ask Justice cans are suffering, you have to do a lit- amendment. Clearly that is not some- to investigate. We also worry, if there tle bit more. thing we would want to do. I don’t is a big committee—and there won’t be, I, for one, look forward to debating think we want to hold consumer relief because the House won’t accept it any- the McCain amendment soon. We will hostage to a tax increase. way—irony of all ironies, the Coconut have that debate. But it isn’t going to AMENDMENT NO. 4540, WITHDRAWN Road fix will fall, because we fix it in be on this bill. For that, I am grateful The PRESIDING OFFICER. Under this bill. If this bill falls because of for this reason: We are bringing this to the previous order, amendment No. 4540 this committee—because it is unconsti- a close, and this package is in many is withdrawn. tutional—there won’t be a fix to Coco- ways a ministimulus. It will unleash $1 The Senator from California. nut Road. It is going to go back to the billion into the economy. It will un- Mrs. BOXER. Mr. President, I thank terrible change that somebody made in leash some of these projects that are so my colleague, because we need to move the dead of night. We don’t want that important for our people who got stuck this bill along. There are 500 important to happen. for technical reasons or had to have projects in it. I have colleagues who I hope my colleagues will reject that minor changes for other reasons. This want to add more projects. I want to approach and support the Boxer-Reid $1 billion, when it is unleashed, will say, for the benefit of everyone, there approach which I believe is straight- create tens of thousands of good jobs, are some very legitimate technical cor- forward. It makes sense. It gets right jobs building highways, bridges, transit rections that still need to be done. I to the heart. If there is a crime, let’s systems. We are very happy, and we ex- have committed to my colleagues, both find out about it. pect to have this vote at 3:30. We will

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6323 have first the Boxer amendment, then I yield the floor. a stimulus to our economy, to help the the Coburn amendment, then a cloture The PRESIDING OFFICER. The Sen- Florida economy, and to help the vote, and then a vote on final passage. ator from Florida. American family to be able to vacation We should be doing very well. Mr. MARTINEZ. Mr. President, I am this summer. I ask unanimous consent that Sen- pleased to follow my colleague from The Department of Treasury would ators GRAHAM, MARTINEZ, and WICKER South Carolina. I understand where we transfer funds under this amendment be recognized for a total of up to 10 are. This amendment has been with- to make the highway trust fund whole. minutes and that following their re- drawn. However, let me touch on this So, in other words, it is not going to marks, Senator KENNEDY be recognized issue for a few moments, because it is create a hole in the highway trust for up to 20 minutes. so very important that we give this fund. It will not mean a diminution in The PRESIDING OFFICER. Without concept due consideration. In fact, at our commitment to maintaining our objection, it is so ordered. some point, the Senate should give it infrastructure. It is simply going to The Senator from South Carolina. an up-or-down vote. A gas tax holiday give families a break between Memo- Mr. GRAHAM. Mr. President, there from Memorial Day to Labor Day, rial Day and Labor Day. What a great are a lot of things going on in Wash- which has a number of cosponsors, thing. What a great time of year. For ington that people probably don’t un- would allow American taxpayers to the 4th of July we know millions of derstand and wonder about. How could suspend the gas tax during that period American families are going to set to my Government not do better than it of time. The fact is we are not in easy the road—hopefully, set to the road—if is doing. This is one of the areas where times in America today. We have rising they do not have to break to their kids most people understand what we are gas prices, falling home prices, which the bad news because of the situation trying to do and would appreciate any is resulting in falling home equity op- today. Because of difficult family budg- effort on their behalf to accomplish re- portunities for families to utilize their ets, that kitchen table conversation lieving the gas tax for a period of time home as a means of defraying other may also include saying: Children, when a lot of Americans are traveling. costs in their family’s life. As food guess what. We have to cancel our va- If you believe that a $600 check to prices go up, home prices are going cation to Florida this summer. We Americans that comes from the Treas- down. can’t afford to take the family car. The ury, that is not offset, is a good thing The price of gasoline has gone up tre- price of gas is too high. to help the economy, like 81 of us do, mendously. Unleaded regular has in- This would be a way to give the this builds on that concept. creased 53 cents per gallon this year. American family a break. The Senator from California asks As a matter of fact, a tax holiday of 18 AMENDMENT NO. 4538 what we are trying to do. We are trying cents a gallon gas tax and 24 cents a Mr. President, I want to take a mo- to build on some concepts that have al- gallon on diesel fuel from Memorial ment and comment on something else. ready passed the body. We are injecting Day to Labor Day will help American The distinguished Senator from Cali- the economy with money so that peo- families, will help those who make a fornia, Chairman BOXER, commented ple, consumers can buy more to help living driving on the road, moving and on the issue of Coconut Road. It is in stimulate the economy. We have all hauling things through the trucking my State of Florida. I am very con- agreed on that being a good idea. What industry. cerned about what occurred in the situ- is this doing? This is trying to take a Why is it important to me as a Sen- ation there, which I think is well Federal tax that affects every Amer- ator from Florida? We are a tourism known to my colleagues in the Senate. ican who drives a car during a window State. A lot of tourists travel to Flor- The fact is, what happened here is, at of time when many Americans are ida by car. In fact, the overwhelming best, a questionable procedure. So the going to be on the road doing a lot of majority of tourists come to Florida by reason for Senator COBURN’s amend- things they have looked forward to and car. ment, which I have cosponsored, and planned, to reduce the burden of trav- This is the average working family— Senator NELSON has cosponsored—so it eling, to energize the economy, wheth- the same people we are trying to help is a bipartisan amendment—is to try to er it is in terms of recreational travel with this economic stimulus. This is get at the bottom of it. It is not to try or business dealings. That will build on allowing a family to throw their kids to create a Justice Department inves- the concept we have already agreed on. in the car and get on one of the inter- tigation. I do not know if there is any Now is the time to put money back state highways and come down to Flor- criminal wrongdoing that has taken into the pockets of consumers, and re- ida and visit the attractions, visit the place. These are congressional actions lieving the gas tax during this critical beaches this summer, and do what peo- which are, frankly, in many ways rep- time and during this window of time ple do to bring families together, to be rehensible in my view but which may makes perfect sense. I congratulate able to recreate, to be able to vacation not rise to criminality. Senators MCCAIN and KYL. This will as families together. So the issue is, why not just inves- not be a hard sell to anybody out there This is an economic stimulus to the tigate? Let’s find out: How did this who is paying taxes and driving a car. State of Florida. The State of Florida happen? Because what I would hope we I hope we can find a way to make this is in hard times today because of the would all want to do is prevent this happen. The public would appreciate it. downdraft in the housing economy. So from happening in the future. Do we They are going to appreciate the this would act as a tremendous boost, need to change rules, do we need to checks they get. The money will go to and it would help tremendously the change procedures, or do we need to good use. If we could relieve the tax families who are traveling in Florida simply allow the public to know who burden on traveling by 18.6 cents per and coming to Florida. did something like this and what their gallon of Federal gas taxes during this Gas is about $3.38 a gallon for regular motivations were? I am not sure it window of time, people would appre- in the State of Florida right now. It is rises to criminality. That is what the ciate it. They understand why we need a 51-cent increase from what it was a Justice Department does. They inves- to do it. It would be a good thing for year ago. We get about 75 million tour- tigate criminal conduct. I do think it the Congress, and I appreciate Senators ists a year who come to the State of rises to the level of conduct that is not MCCAIN and KYL putting this concept Florida. As a result of that, a great becoming to public officials that is not on the floor. It is sad we can’t get it deal of economic activity is generated. designed to enhance the public trust. passed today, but I hope we do it soon- Over the course of a year, about 25 mil- The people of southwest Florida, who er rather than later. lion families are paying an additional have tremendous traffic problems— With that, being from South Carolina $68 million in Federal gas tax for just that I–75 is dramatically important to and Florida and Mississippi, where peo- one fill-up. That is on top of the fluc- their lives, frankly, as to the cost of ple travel to destinations that are at- tuating prices for a barrel of oil. fuel, the cost of how much time they tractive to come to, I hope we can pass At the end of the day, we have to rec- spend idling on the highways—want to this and help the American consumer. ognize this is an opportunity to provide know what occurred here.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6324 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 All I want to do is allow, through I think this Senate—Republicans and tious debate, but the cause of justice this process, to provide some clarity so Democrats—needs to ask: We have a eventually prevailed. That landmark they can know some answers. I believe choice. Do we ask the Federal Govern- legislation included many important the Coburn amendment is appropriate. ment to tighten its belt a bit and adopt protections, including, for the first I do not want to see this be created this summer-long Federal gasoline tax time, protection against pay discrimi- into some inquisition by the Justice holiday or do we continue to require nation on the job because of race, na- Department but simply to get some American families to tighten their tional origin, gender, and religion. Members to come together around a belts and pay higher gasoline prices? That is title VII of the Civil Rights Act table and say: How did this happen? Do we continue to require American of 1964. Public accommodations is an- What happened here? farmers and small businesses, who have other very major part of that legisla- Let’s give the people of southwest to use transportation to earn a living, tion. But title VII provided these kinds Florida the kind of answers they de- to tighten their belts? of protections against discrimination. serve, they demand, and give con- I think the better answer there is to That legislation passed 73 to 27. fidence to the American people that provide 18 cents per gallon of relief for We went on record again when the the Congress is acting in the people’s American families, 24 cents per gallon Age Discrimination in Employment best interests and not at the behest of of relief to those who are required to Act was passed in 1967, with unanimous special interests. use diesel to earn their livelihoods, and support in the Senate. Equal pay for With that, Mr. President, I appre- for the Federal Government to tighten those who are older; you are not going ciate the opportunity to comment on its belt and absorb this $8 billion to $9 to be able to discriminate against the both of these items, and I yield the billion that the Senator from Cali- elderly. It was passed unanimously. floor. fornia talked about. The consensus in favor of the Reha- The PRESIDING OFFICER (Mr. The Senator from South Carolina bilitation Act of 1973, which outlaws CASEY). The Senator from Mississippi. mentioned we have already passed a discrimination based on disability in Mr. WICKER. Mr. President, might I much more expensive economic stim- federally funded programs and activi- inquire, how much of the 10 minutes is ulus measure because we are concerned ties, was so strong it passed the Senate remaining from the request of the Sen- about the economy. This economy by a voice vote. ator from California? could go either way. We can take ac- All of us are familiar with the fact The PRESIDING OFFICER. A minute tion to prevent it from sliding into a that if there is going to be a dispute or and a half. recession. We have already adopted one major differences, people are going to Mr. WICKER. I will do my best. a few months ago. The McCain plan is call for a rollcall vote, even if there is Mr. President, I thank Senator another one. I enthusiastically support going to be only a handful of people MCCAIN and Senator KYL for putting the concept. I think it is time we give against it. In this situation, with re- forward this proposal. I was delighted Americans a break at the pump. This gard to fair pay, equal pay, in the areas to see it. I would, frankly, hope that would do so during an important period of those people who are working with Democrats and Republicans could come as our economy teeters on the edge. the disabled, the guarantee was going together on this issue in a bipartisan I hope we continue to have this de- to be fair pay. It, effectively, in the Re- manner and provide this temporary re- bate, as the Senator from California habilitation Act of 1973, passed the lief for hard-pressed Americans during suggested, and adopt it on a bipartisan Senate by a voice vote. the summer months. basis. In 1990, the Senate passed the Ameri- Many people ask us, why are gas I yield the floor. cans with Disabilities Act 91 to 6, and prices so high? Why is this continuing The PRESIDING OFFICER. The Sen- it was signed into law by the first to happen? As we know, there are many ator from Massachusetts. President Bush. The first President complex factors involved in that: LILLY LEDBETTER FAIR PAY ACT Bush has stated—and I have heard him worldwide demand, countries such as Mr. KENNEDY. Mr. President, the eloquently say it was the most impor- China and India increasing their de- Senate must act to pass the Lilly tant piece of legislation that passed mand for oil and gas at this point; also, Ledbetter Fair Pay Act, and we must and he signed into law. It had protec- unstable governments in oil-producing do so now. The House has already acted tions against discriminating against regions; and Americans’ continued reli- on this bill to restore the basic protec- those who are disabled individuals. ance on foreign sources of oil. tion against pay discrimination as part We passed the Civil Rights Act of 1991 But, also, I must confess the problem of our Nation’s commitment to equal by an overwhelming margin of 93 to 5. being experienced by Americans, in justice and full civil rights for all. That was a clear vote in favor of fair- large measure, is due to Federal poli- Protecting these fundamental rights ness. It too was signed into law by the cies. In the mid-1990s, President Clin- and ending discrimination in all forms current President’s father. ton vetoed a proposal to drill in ANWR, are essential to our success as a nation. On this chart is the list where the even though the residents of the State Republicans and Democrats worked to- Senate has addressed this issue of of Alaska have asked us for permission gether to enact our civil rights laws, equal pay for equal work. Going back to drill there and have told us they are and the American people want and de- to 1963, these are the different Presi- satisfied it can be done in an environ- serve these protections to be imple- dents who signed legislation—including mentally friendly manner. Also, we mented in full. President Johnson, President Nixon, have had the refusal to produce energy The guarantee of equal pay was first President Reagan, President Bush. in America when we know it can be enacted in 1963. When President Ken- Look at the overwhelming votes: a done in an environmentally safe way, nedy signed the Equal Pay Act in 1963, clear indication of what the intention whether that be the production of more he emphasized that protection against has been by this Congress in terms of crude oil, oil shale, or liquefied coal. pay discrimination is ‘‘basic to democ- fairness and justice, and correctly so. So the Federal Government and this racy,’’ and those words are still true Each time we have considered the Congress bear a good bit of the respon- today. issue, the Senate has taken the high sibility. In light of that, I think we In the years that followed, Congress road. Once again, we must demonstrate have to ask ourselves—Mr. President, passed other strong, bipartisan laws to that we mean what we say. These im- might I have an additional 11⁄2 min- strengthen the guarantee of equal pay portant laws established the bedrock utes? for millions of Americans. Over the principle of equal pay for equal work, The PRESIDING OFFICER. Is there years, the Senate has gone on record and they have made our Nation a objection? time and again in favor of fairness and stronger and better and fairer land. Without objection, it is so ordered. against discrimination. In these times of economic hardship, Mr. WICKER. Thank you, Mr. Presi- The Civil Rights Act of 1964 was en- working people deserve more than ever dent. acted after long, difficult, and conten- the chance to earn a fair day’s pay for

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6325 an honest day’s work. Yet, as a result again, in a bipartisan way, we are these tough economic times. An impor- of the Supreme Court’s 5-to-4 deci- going to insist on equality of pay for tant way we can do so is by proving we sion—5 to 4: one vote—last May in equal work. That is the issue. That had still stand strongly against pay dis- Ledbetter v. Goodyear Tire & Rubber been the law. This legislation we are crimination, that we would not allow Company, more American workers will talking about with Ledbetter, we are the rights workers thought they had to have to endure pay discrimination, trying to go back to what the law was. be undone by misguided court deci- without the means to stop it. This chart indicates—the light green sions. Fair treatment for all employees Let me show what is happening with is what we would go back to, and the is especially important now. As I men- regard to women at the present time. dark green is where the EEOC held the tioned, our faltering economy is hit- We have serious economic challenges same as we are proposing in this legis- ting working families hard. There were we are facing today. But look at the lation. This had worked and worked ef- 230,000 jobs lost in the first 3 months of overall economic challenges, the down- fectively. That is why the CBO said this year. Unemployment rates turn in our economy, and how it is this isn’t any further additional burden climbed. Over 1 million working men playing out in terms of women. Wom- on industry or business. We are going and women have joined the unem- en’s earnings are falling faster than to hear that argument. We have the ployed since this past year. men’s. We all hear about the falling of CBO study which says that, because ba- Few doubt that we are now in a seri- purchasing power among working fami- sically most employers want to do the ous recession. It has been particularly lies across this country. We can see it right thing. They understand it, they hard on women and minorities and on is falling a good deal faster in terms of respect it, and they want to do the workers—particularly hard. Of the the decline in median wages in the year right thing. So they are not going to be 80,000 jobs that were lost in this last 2007 for women. penalized; it will be others who will be month, 50,000 were construction work- As I mentioned, this legislation also penalized. ers. The unemployment rate among On this final point, as I mentioned applies in terms of African Americans, women has risen sharply in the past the different groups affected, this the disability community, age dis- year. Minorities are suffering more. shows pay discrimination hurts all crimination, national origin quotas— Unemployment for African Americans kinds of Americans. This orange de- all of them. Look what is happening is now well over 9 percent, almost picts the disabled, this is national ori- with the current economic crisis. Mi- twice the national average. norities are hit hardest by the eco- gin, 760. These are cases of pay dis- The impact of unfair pay practices is crimination charges, including 2,470 in nomic downturn. So we have the eco- staggering. Today, as I mentioned, terms of the gender; and on race, 2,352; nomic downturn going on, and we have women still earn 23 percent less than on age discrimination, 978. So this is this decision which said the employers men; African Americans, 21 percent 7,000—these are the cases that are are going to be able to discriminate less than White men; and Latinos earn brought. Most estimates are it is in the against workers on the basis of race, 72 cents for every dollar paid to White hundreds of thousands of actual cases gender, national origin. It is unbeliev- workers. that are out there that people don’t able that a Supreme Court of the In fact, the financial security of all know about. working men and women is undermined United States, 5 to 4, would overturn 5 Lilly Ledbetter didn’t know about to 6 major pieces of legislation that the fact that she was being short- by this recession. Workers are suffering were decided overwhelmingly by this changed for years and years and years already, and millions increasingly find body over a 30-year period which say because people keep the payroll secret. their paychecks do not go far enough. we want equal pay for equal work. Finally, she hears from others who are They don’t deserve to bear the addi- The list goes on. We know, basically, working and who are doing comparable tional burden of discrimination in their women make 77 cents for every dollar work, and she gradually puts it to- pay. The cost of this discrimination be- paid to men. That is existing. These gether that she has been shortchanged. comes more and more intolerable over are the current data of the U.S. census Sure enough, she had been short- time. Lilly Ledbetter lost tens of thou- in 2007. So this is the current situation, changed for years and years and years. sands of dollars over the course of her generally. What we are trying to do is The local jury made the decision to pay career because every paycheck made change this; to get equal pay for equal the damages and the Supreme Court the burden of the discrimination even work. But inherently, this is where we overruled it and said: You are out of greater. are in 2007, and unless we change this, luck, Lilly Ledbetter. You should have There is no doubt that the Supreme it is going to continue or probably even brought your case within 180 days of Court’s decision in the Ledbetter case grow worse. the time you were employed. Even has left employees without one of the It is reflected, as we would expect, in though you didn’t know about it, you fundamental protections against pay family income. This chart shows we are still should have brought it. Even if discrimination that Congress intended talking about equal pay for women, you didn’t know about it, tough luck. them to have. The Court decision un- and this legislation also applies to Af- You have no remedies. No remedies. No dermined their ability to hold employ- rican Americans and national origin. remedies. It has been going on for ers accountable for such discrimination Here we have African-American men years. None. That is fundamentally and by imposing serious and unnecessary receiving 21 percent less pay than basically wrong, and that is what we obstacles to ending the discrimination White men. We find the same for are changing. against them. Latinos. They are affected by this deci- We have very strong support for this Under the Ledbetter case, the time sion as well. Latinos receive 72 cents legislation. We have the support of var- limit for filing of pay discrimination for every dollar earned by White work- ious groups, including the American claim begins to run, as I mentioned, ers. This shows the distinction, the an- Association of People With Disabil- when an employer decides to discrimi- nual distinction, about $8,000 a year. ities; the AARP, obviously, because of nate—not when the worker finds out This has been true. discrimination of the elderly; Business about the discriminatory paycheck. So we know we are facing a difficult and Professional Women, the NAACP, Employers who conceal their illegal ac- economic time. We also know the peo- United Auto Workers, National Con- tion for 180 days are free to discrimi- ple who suffer the most are the peo- gress of Black Women, the Religious nate. They can pay women less than ple—whether it is women, whether it is Action Center, U.S. Women’s Chamber men. They can pay African Americans African Americans, whether it is of Commerce. They understand it and less than Whites. They can pay older Latino, whether it is disability or see it. The list goes on. I will include a Americans less than younger ones and whether it is elderly, all those groups more complete list with my remarks pay religious minorities and persons are affected by the Ledbetter decision, for the RECORD. with disabilities less than other work- and in the face of 30 years of this Con- Many people give speeches on fair- ers. These employees can never, ever gress saying time and time and time ness and the need to help people in obtain relief. Paycheck after paycheck

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Let’s take a clear stand for for Women’s Employment; Women’s Insti- starts with every discriminatory pay- all working men and women and pass tute for a Secure Retirement; Women’s Law check, so employees can challenge on- the Lilly Ledbetter Fair Pay Act. and Policy Project; Women’s Law Project; going discrimination, even if their em- Mr. President, I ask unanimous con- Women’s Research & Education Institute ployer successfully hides its true mo- sent that this list of supporters be (WREI); Women’s Sports Foundation; YWCA USA; 4ERA.org; 9to5 Atlanta; 9to5 Bay Area; tives at first. printed in the RECORD. Lilly Ledbetter was one of the few There being no objection, the mate- 9to5 Colorado; 9to5 Los Angeles; 9to5 Poverty Network Initiative; ACLU Women’s Rights women supervisors at the Goodyear rial was ordered to be printed in the Project; Adrian Middle School; ADA Watch; Tire and Rubber Company in Gadsen, RECORD, as follows: AFSCME; Alliance for Disabled in Action; AL. She worked at the plant for almost ORGANIZATIONS IN SUPPORT OF THE FAIR PAY Alliance for the Status of Missouri Women. two decades, constantly fighting to RESTORATION ACT (S. 1843) AAUW of Alabama; AAUW of Alaska; prove that women could do a job tradi- LCCR; 9to5, National Association of Work- AAUW of Arizona; AAUW of Arkansas; tionally done by men. She endured in- ing Women; Advocacy, Inc.; Alliance for Dis- AAUW of California; AAUW of Colorado; sults from her male supervisors. She abled in Action; Alliance for Justice; Amer- AAUW of Connecticut; AAUW of Delaware; was told the plant didn’t need women. ican Association of People with Disabilities AAUW of District of Columbia; AAUW of Florida; AAUW of Georgia; AAUW of Hawaii; Yet she persevered and gave the com- (AAPD); AARP; American Association of University Women; American Civil Liberties AAUW of Idaho; AAUW of Illinois; AAUW of pany a fair day’s work. She had chil- Union; American Federation of Labor and Indiana; AAUW of Iowa; AAUW of Kansas; dren and both she and her husband Congress of Industrial Organizations (AFL– AAUW of Kentucky; AAUW of Louisiana; were working hard to support them. CIO); American Federation of State, County AAUW of Maine; AAUW of Maryland. She had no idea Goodyear was not liv- and Municipal Employees (AFSCME); Amer- AAUW of Massachusetts; AAUW of Michi- ing up to its responsibility to pay her ican Federation of Teachers (AFT); Amer- gan; AAUW of Minnesota; AAUW of Mis- fairly. ican Humanist Association; American Li- sissippi; AAUW of Missouri; AAUW of Mon- For almost two decades, the company brary Association; Anti-Defamation League; tana; AAUW of Montgomery County; AAUW of Nebraska; AAUW of Nevada; AAUW of discriminated against her by using dis- Asian American Justice Center; Association for Women in Science; Bazelon Center for New Hampshire; AAUW of New Jersey; criminatory evaluations to pay her less Mental Health Law; Business and Profes- AAUW of New Mexico; AAUW of New York; than her male colleagues who per- sional Women. AAUW of North Carolina; AAUW of North formed exactly the same duties. Many Center for Inquiry; Center on Women and Dakota; AAUW of Ohio; AAUW of Oklahoma; of those male colleagues had less se- Policy; Clearinghouse on Women’s Issues; AAUW of Oregon; AAUW of Pennsylvania; niority and experience than she had, Coalition of Labor Union Women (CLUW); AAUW of Rhode Island. but they were still paid more than she Consortium of Citizens with Disabilities AAUW of South Carolina; AAUW of South was for identical work. Rights Task Force; Educational Foundation Dakota; AAUW of Tennessee; AAUW of The jury saw the injustice of Good- of America; Easter Seals; Equip for Equality; Texas; AAUW of Utah; AAUW of Vermont; Equal Rights Advocates; Federally Employed AAUW of Virginia; AAUW of Washington; year’s mistreatment of Ms. Ledbetter Women; Feminist Majority; Healthy Teen AAUW of West Virginia; AAUW of Wisconsin; and awarded her full damages. Five Network; International Union, United Auto AAUW of Wyoming; Arizona Coalition members of the Supreme Court ignored Workers (UAW); Jobs with Justice; Lawyers’ Against Domestic Violence; Asian American that injustice and ruled Ms. Ledbetter Committee for Civil Rights Under Law; Justice Center; Association for Women in was entitled to nothing at all—nothing League of United Latin American Citizens Science; Black Women’s Health Imperative; at all—because she filed her claim too (LULAC); Legal Momentum; Let Justice Roll BPW/Alabama; BPW/Alaska; BPW/American late. The Court’s decision gives count- Living Wage Campaign; MANA—A National Samoa; BPW/Arizona; BPW/Arkansas. less employers a free hand to conceal Latina Organization; Mexican American BPW/California; BPW/Colorado; BPW/Con- Legal Defense and Educational Fund necticut; BPW/Delaware; BPW/District of Co- and continue illegal discrimination and (MALDEF). lumbia; BPW/Florida; BPW/Georgia; BPW/ leaves workers powerless to stop it. NAACP; NAACP Legal Defense & Edu- Hawaii; BW/Idaho; BPW/Illinois; BPW/Indi- The bipartisan Fair Pay Restoration cational Fund, Inc.; National Academy of ana; BPW/Iowa; BPW/Kansas; BPW/Ken- Act will restore the clear intent of Engineering; National Association for Girls tucky; BPW/Louisiana; BPW/Maine; BPW/ Congress when we passed the impor- and Women in Sports; National Association Maryland; BPW/Massachusetts; BPW/Michi- tant laws I mentioned earlier. It would of Collegiate Women Athletic Administra- gan; BPW/Minnesota. restore the fair and reasonable rule tors; National Associations of Commissions BPW/Mississippi; BPW/Missouri; BPW/Mon- that applied in the vast majority of the for Women; National Center for Lesbian tana; BPW/Montgomery County; BPW/Ne- Rights; National Center on Domestic and braska; BPW/Nevada; BPW/New Hampshire; country until May 29 of last year. If we Sexual Violence; National Coalition for Dis- BPW/New Jersey; BPW/New Mexico; BPW/ pass this bill, we can go back to the ability Rights; National Committee on Pay New York; BPW/North Carolina; BPW/North longstanding rule that the clock begins Equity; National Congress of Black Women, Dakota; BPW/Ohio; BPW/Oklahoma; BPW/Or- to run for filing a pay discrimination Inc.; National Council of Jewish Women egon; BPW/Pennsylvania; BPW/Puerto Rico; claim on the day a worker receives a (NCJW); National Council of Women’s Orga- BPW/Rhode Island; BPW/South Carolina. discriminatory paycheck, rather than nizations; National Disability Rights Net- BPW/South Dakota; BPW/Tennessee; BPW/ the day the employer first decides to work; National Education Association; Na- Texas; BPW/Utah; BPW/Vermont; BPW/Vir- discriminate. tional Employment Lawyers Association; gin Islands; BPW/Virginia; BPW/Washington; BPW/West Virginia; BPW/Wisconsin; BPW/ By enacting this law, we will restore National Fair Housing Alliance; National Gay and Lesbian Task Force; National Orga- Wyoming; Chicago Abortion Fund; Citizen a rule that reflects how pay discrimi- nization for Women (NOW); National Part- Action of NY; Clearinghouse on Women’s nation actually occurs in the work- nership for Women & Families; National Issues; Philadelphia CLUW; Connecticut Per- place, and it will give all workers a fair Senior Citizens Law Center. manent Commission on the Status of Women means to stop ongoing discrimination National Women’s Conference Committee; Crossrodes; Urban Center; Dads and Daugh- and obtain fair compensation for the National Women’s Law Center; National ters; Georgia Coalition Against Domestic Vi- discrimination they have endured. By Women’s Political Caucus; NETWORK, A Na- olence; Georgia Rural Urban Summit. doing so, we will also be helping to pre- tional Catholic Social Justice Lobby; OWL— Hard Hatted Women; Justice Jane; Las The Voice of Midlife and Older Women; Para- Animas County CSE; Legal Momentum; Let vent employers from engaging in such lyzed Veterans of America; People For the Justice Roll Living Wage Campaign; MANA discrimination in the first place. American Way (PFAW); Religious Action A National Latina Organization; NETWORK, There is nothing radical about the Center; Sargent Shriver National Center on A National Catholic Social Justice Lobby; changes this bill will make. It simply Poverty Law; Service Employees Inter- National Capital Area Union Retirees Club; restores the law employers and work- national Union (SEIU); The Disability Law National Center for Lesbian Rights; National

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Coalition for Disability Rights; National The junior Senator from Oklahoma So what Senator BOXER proposed is Council of Jewish Women—California; Na- has done an important service by shin- to let the Department of Justice review tional Council of Jewish Women—Con- ing public attention on this matter. the allegation of criminal conduct, necticut; National Council of Jewish The facts are not yet all known, as I which is the right way to go, and it is Women—Greater Detroit Section; National have just said, but if these allega- Council of Jewish Women—Greater New Or- not an easy way to go. leans; National Council of Jewish Women— tions—or some of them—are true, this According to public reports, the Jus- Minnesota; National Council of Jewish is one more example of the corruption tice Department and the FBI may al- Women—Northern Virginia; National Coun- that permeated the Congress in recent ready be investigating related matters, cil of Jewish Women—Ohio; National Council years. We have two Members of Con- and who knows, maybe this precise of Jewish Women—Pennsylvania; National gress who have gone to prison. We have matter. Council of Jewish Women—Portland; Na- staff members who are in prison. Some If violations of Federal criminal law tional Council of Jewish Women—Rhode Is- are on probation and have pled guilty. occur, it is in the province of the Jus- land; National Council of Jewish Women—St. So it is fair to say there was a lot of tice Department and FBI to investigate Louis. National Council of Jewish Women—Vir- corruption in recent years. and prosecute. The Boxer amendment ginia; National Council of Jewish Women— Just last year, the new Democratic simply calls on the Justice Department West Virginia; National Council of Women’s Congress passed S. 1, the most sweep- to review allegations of impropriety Organizations; Alabama, NOW; California, ing lobbying reform effort in the his- and find if Federal criminal laws have NOW; Colorado, NOW; Connecticut, NOW; tory of our country, in an effort to re- been broken. Fayetteville, NOW; Florida, NOW; Georgia, store public trust in Congress. These The Boxer amendment asks the Jus- NOW; 1Illinois, NOW; Iowa, NOW; Kansas, reforms are already changing the way tice Department to act in an appro- NOW; Lawrence Chapter, NOW; Los Angeles, business is done in Washington. Lobby- priate manner. In fact, to be precise, it NOW; Maryland, NOW; Massachusetts, NOW; ists have less influence, and there is Minnesota, NOW; Missouri, NOW; Nevada, says the Department ‘‘shall act con- NOW. more transparency in the legislative sistent with applicable standards and New Hampshire, NOW; New Jersey, NOW; process. procedures.’’ In effect, we are asking Oregon, NOW; Santa Fe, NOW; Treasure Val- We all agree that any misconduct in that this be made a Federal case. This ley, NOW; Utah, NOW; Virginia, NOW; West the legislative process should be fully phrase recognizes the importance of Pinellas, NOW; Missouri Women’s Network; investigated. Specifically, we want to separation of powers that we have in MomsRising.org; Montgomery County Com- get to the bottom of this alleged mis- our great country. The language incor- mission for Women; National Women’s Con- conduct involving the Coconut Road ference Committee; National Women’s Law porates the principles, privileges, and provision in the 2005 highway bill. The responsibilities that guide Congress’s Center; National Women’s Political Caucus; only disagreement between Senators New Mexico Voices for Children; New York exercise of its constitutional authority State Pay Equity Coalition; Ohio Domestic COBURN and BOXER is how the inves- to discipline itself. It also remains true Violence Network; San Bernardino, OWL; tigation should be conducted. to the principles of legislative auton- Certainly, an investigation of the PathWaysPA. omy and fair, neutral enforcement of conduct of a Member of the House of Pennsylvania NOW, Inc.; Pick Up the Pace; the laws. Planned Parenthood of Nassau County; Representatives should be done by the This amendment does not waive any Project IRENE; Silver & Brass Music; South House. I think we get ourselves into a legislative privileges of Members or Dakota Advocacy Network for Women; UAW problem we should not, constitu- committees of Congress. It does not 1853 Women’s Committee; Veteran Feminist tionally or morally, by having the seek to intrude upon the constitutional of America; USAction; West Virginia Wom- House tell us what we should do as far en’s Commission; Wisconsin Women’s Net- duty of each House of Congress to dis- work; Women Against Sexual Harassment; as our own Senators. We should not be telling them what they should be doing cipline its own Members, nor does it Women on the Job Task Force, NY; Women’s alter the duty of the executive branch Institute for a Secure Retirement; Women’s regarding House Members. Our Con- stitution does not provide the Senate to faithfully execute laws. Law Center of Maryland, Inc.; Women’s Op- The amendment simply memorializes portunity Link of Delaware, Inc.; Women’s with authority to direct a House com- Research & Education Institute (WREI); mittee to initiate any kind of action the reality that there are serious alle- YWCA Greensboro. like that. gations that may rise, perhaps to the Mr. KENNEDY. Mr. President, I sug- The Coburn amendment proposes a level of criminal violations. gest the absence of a quorum. committee of Members from both the Again, what we are trying to do is The PRESIDING OFFICER (Mr. NEL- House and Senate conduct this inves- make a Federal case out of this. It is SON of Nebraska). The clerk will call tigation. But I believe Senators should entirely appropriate for the Justice De- the roll. not and cannot investigate a House partment to assume this responsibility. The assistant legislative clerk pro- Member any more than a House Mem- For these reasons, I urge my col- ceeded to call the roll. ber should or could investigate a Sen- leagues to support the Boxer amend- Mr. REID. Mr. President, I ask unan- ator. Although Senator COBURN’s goal ment and oppose the Coburn amend- imous consent that the order for the of fully investigating the incident is ment. I express my appreciation to quorum call be rescinded. worthy—and I think everyone shares Senator BOXER for her hard work on The PRESIDING OFFICER. Without his goal—the Senator’s amendment is this bill and certainly on this amend- objection, it is so ordered. at odds with article I of the Constitu- ment. Those of us who know Senator Mr. REID. Mr. President, I believe I tion. BOXER know how tenacious she is. We have an obligation to say a few things If we send this constitutionally dubi- have had the good fortune to work to- about the amendments offered by Sen- ous amendment to the House, it could gether for almost 26 years in Congress. ators COBURN and BOXER regarding the jeopardize the entire highway tech- I have the greatest affection, admira- investigation of the Coconut Road con- nical corrections bill. Why do we want tion, and respect for her as a person troversy. to mess with that? We should not. That and her legislative skills and abilities. As most of my colleagues know, is why Senator BOXER has proposed They certainly have been made very there are reports that a Member of the that the Justice Department review apparent with the work done on this House of Representatives arranged to the allegations of criminal misconduct. latest piece of work which we hope will have the text of the 2005 highway bill I would want everyone to recognize be completed in an hour or so from changed during the enrolling process, that in law, there is this saying: What right now. which is quite unusual. This was after are you trying to do, make a Federal The PRESIDING OFFICER (Ms. the bill had passed both Houses. Seri- case out of it? Why do we say that? Be- KLOBUCHAR). The Senator from Cali- ous allegations have been made about cause it puts the fear into people be- fornia is recognized. the motives of this Member for doing cause they know the Justice Depart- Mrs. BOXER. Madam President, be- this. The facts are not certain, but ment does a better job than anyone fore the majority leader leaves the some say they are clear. else investigating wrongdoing. floor, I thank him very much because

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If we are unable formative health care reform, and also want to do is get to the bottom of what to pass this technical corrections bill, to provide a clear contrast between happened with this Coconut Road situ- which we hope to do in an hour, an that vision and the alternative, which ation, where it appears as if there may hour and a half, if we fail to do that, is clearly in our mind a big government have been some activity that merits the fix that was put in the bill, the solution, a one-size-fits all solution punishment. technical correction that was made to that has the government role in health When we heard that Senator COBURN take care of the Coconut Road problem care grow and grow and private indi- wanted to take on this issue, we wel- would not be taken care of. That would vidual choice lessened and lessened. comed that because we do believe we be a travesty and a circular road to no- In the first week of this discussion on have a responsibility to regain the where. the Senate floor, I rose and laid out our trust of our people. That is why under I even hope my friend, Dr. Coburn, broad principles and where we wanted Senator REID’s leadership we passed would withdraw his amendment. He this discussion to lead. Again, as I said the most far-reaching ethics reforms perhaps will not do that, but I hope that week, I believe there is great con- ever. that everyone, Democrats and Repub- sensus in America, almost universal I see my friend is in the chair. She is licans—this is not a partisan issue. It consensus that our health care delivery part of the new class of Senators who deals with housekeeping that we do. It system is badly broken and that major pushed very hard for that legislation. is important. reform needs to take place. But, of Therefore, when Senator COBURN came I say to my friend, the chairman of course, having said that, the hard part forward, we believed we certainly the Environment and Public Works is figuring out what that change is and wanted to do something. But what Sen- Committee, she also has another job how it can work best for the American ator REID, because he is a distinguished that is extremely difficult and ex- people. attorney, taught me is, there is a tremely important. She is chairman of As I said in those introductory com- speech and debate clause in the Con- the Ethics Committee. Having served ments, I believe the broad choices are stitution, and this investigation with a on that Ethics Committee and having clear. Our conservative, free-market select committee, House Members and chaired that committee for a long vision is to empower the individual, to Senate Members investigating each time, I know it is a tough job. This maximize choice, to help everyone get other and staff, could fall. gives me an opportunity publicly to good private insurance that is acces- Here is the point, before my friend say—and I think all Senators will ex- sible and affordable, to use taxpayer leaves the floor. The irony of all iro- tend this appreciation to her, Senator dollars where appropriate to help the nies is, if, in fact, the Coburn solution CORNYN and the other four Members truly poor afford that sort of good pri- were to be adopted today and it did go who serve on that most important vate insurance that stresses preventive forward, although we think it will committee, for the dedication and the care and other measures that will bring bring the whole bill down, it wouldn’t. hours they spend away from the cam- down health care costs. But that is a But let’s say it is adopted. Nothing eras. These are in closed hearings talk- very different vision from one based on they do would really lead to anything ing about allegations made against in- Government first and foremost, based until the end of their hearings. I call it dividual Senators. They have done, and on Government programs, one-size-fits- kind of a circus atmosphere where col- they continue to do, a remarkably good all, growing those programs and in the leagues would come, flashbulbs in process lessening individual choice and everybody’s face, and they take testi- job. There is no one who is in a better po- responsibility and lessening the sanc- mony. Nothing of consequence would sition today to talk about what is occur, I say to my friend, until the end tity of the individual doctor-patient re- going on in the Senate with matters of when they decide if there was some- lationship. violations having been alleged than the In the second week of our discussion, thing the Justice Department needed our colleague JOHN THUNE came to the to look into. Senator from California. Why have all that hoopla when you What I think the amendment does is floor and elaborated on a very impor- can get to the heart of the matter, focus attention on the Justice Depart- tant component of this message, which which is saying to the Department of ment, just where it should be. I hope is that we want to stress a choice of Justice: We want you—and this will re- everyone will go along with that private health plans as a predominant quire them. It doesn’t say you ‘‘may,’’ amendment, Democrats and Repub- factor in American health care versus it says you ‘‘shall’’ look into this. If licans. Government programs, or the one-size- the bill did fall, here is the totally The PRESIDING OFFICER. The Sen- fits-all, pushing people more and more irony: The fix to Coconut Road would ator from Louisiana. in that direction and increasing the fall. In other words, in the technical Mr. VITTER. Madam President, I ask dominance of Government in this very corrections bill, we fix the problem. If unanimous consent to speak as in major sector of our economy. this whole thing falls because of the morning business for up to 15 minutes. Following up on that, I come to the Coburn amendment, then we go back to The PRESIDING OFFICER. Without Senate floor this week to talk about a the real problem of somebody changing objection, it is so ordered. closely related principle and closely re- the route of this particular road or HEALTH CARE lated theme, which is, again, opting for building, freeway, whatever it was that Mr. VITTER. Madam President, individual choice and incentives versus was going to increase somebody’s prop- today I stand on the Senate floor and forced enrollment or forcing action erty. That would be the worst of all continue a very important discussion upon citizens by the Government. worlds. that I began with all of my Republican Again, this is a crucial element of our I thank my leader for his help on this classmates in the Senate several weeks vision for the dramatic, bold health matter. He knows when I heard about ago. It is about the need for dramatic, care reform we need. this amendment, I said to him: Yes, we bold, health care reform in this coun- We believe firmly and we believe need to look into this, and he wanted try. strongly that individuals are capable of to do it in the right way. He and his We adopted this as a class project, if choosing their own health insurance staff have been so helpful in getting us you will. Again, I thank my colleagues plan and that we must continue to to this point where we have a very Senators THUNE, BURR, DEMINT, MAR- focus on individuals and empowering good alternative. I hope everybody TINEZ, ISAKSON, and COBURN for their individuals with choices and with in- votes for it. hard work on this important debate, on centives, not forcing individuals in a The PRESIDING OFFICER. The ma- this important discussion. certain direction. So we are opposed to jority leader. Again, the idea is very simple: to put forcing people to enroll in certain Mr. REID. Madam President, I hope forward our conservative, free-market plans rather than providing incentives everyone heard what the chairman of principles and what vision that leads to for individuals to make rational

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We We also believe that encouraging short debate we are going to have be- shouldn’t be forcing mandates down competition in the marketplace is key fore the amendments are voted on. people’s throats, forcing them to enroll to lowering health care costs. So we We are going to have a vote on the in any particular big government or are opposed to price controls, profit Boxer amendment and then on the other program. The way we can most ceilings, rigid expensive requirements, Coburn amendment, both trying to get effectively maximize this choice and and mandates that usually end up to the bottom of a problem. We have empower the individual is through the doing exactly the opposite. agreed to a 60-vote margin on both of Tax Code, creating options for families We believe in recognizing that sen- those, but I wonder what happens to and individuals through the Tax Code iors have increasingly turned to Medi- this issue if neither of those amend- that help those families buy insurance, care Advantage Plans because they ments gets 60 votes, and why are we that create those incentives that make offer a better value and in many cases having a 60-vote margin? Everybody sure it is accessible and affordable for a higher quality of care than tradi- agrees that this amendment about a everyone. tional fee-for-service Medicare. So we postenrollment change to a bill needs Now, as I suggest, Madam President, are opposed to efforts to dismantle to be solved. The mystery surrounding I have some pretty fundamental philo- these programs and again lessen how it happened, where it happened, sophical objections to mandating ac- choice, lessen individual responsibility and why it happened needs to be tion on people. But in addition to that, and choice, and push folks in one cer- solved. But now we have before us a I have some very practical concerns. If tain direction—back to a one-size-fits- hurdle which, in all likelihood, will we look at other jurisdictions—States, all traditional Medicare fee-for-service. eliminate our ability to find out. even other countries—that force these We also believe that taxes should be It is claimed, and understandably, mandates on people, we find they real- as low as possible and that the Tax that my amendment would look into a ly don’t work in the end. Code should be changed to put money problem in the House. That assump- A few examples. Hawaii—obviously a back into families’ hands, which would tion, however, is incorrect because no- State—has a mandate that all employ- allow them to purchase their own body knows exactly where this enroll- ers must provide their workers with health insurance. We are opposed to in- ment change happened. Some may health insurance. Well, they think that creasing taxes and using that money to think they do, but we don’t know that. is a magic wand that just automati- pay for a big government one-size-fits- Second of all, and probably more im- cally solves the problem. But it all model. portantly, is the fact that a bill agreed Madam President, I look forward, as doesn’t. First of all, unfortunately, it to by both Houses of Congress was do all of my Republican Senate class- creates a barrier in many instances to changed before it got to the President mates—Senators THUNE and BURR, creating jobs, increasing employment, without our knowledge. DEMINT, MARTINEZ, ISAKSON, and There also is the claim that if, in and growing business. So that is a COBURN—to continuing this discussion, fact, we would have a bipartisan com- problem. But even beyond that, it continuing this debate. As I said at the mittee, with Members of both Houses doesn’t insure all workers. In fact, in beginning, I believe virtually all of looking into this, it is somehow prece- Hawaii, 10 percent of workers—not un- America agrees that the American dent setting. It is not. In 1992, the employed people, not nonworkers, but health care delivery system is badly House and Senate did combine—not on 10 percent of workers—- do not have broken, that we are in desperate need this specific issue—so there is a prece- health insurance. So there is the very of not just tinkering around the edges dent there that no one can deny, that practical issue of simply throwing out but bold, dramatic reform. So we want we looked at rules and processes and an edict, a mandate from the Govern- to come forward and lay out those con- procedures, and we did that without ment which doesn’t accomplish the servative and market-based principles any difficulty. goal. that we believe are the right type of On the other side of the aisle is the Another example is Canada. Canada change, the type of reform Americans Boxer amendment, which says we are requires everyone to be covered. Again, want, reform that empowers the indi- going to ask the Justice Department. that creates significant challenges in vidual, that respects that individual We are not going to ask them, actu- actually making that happen and en- doctor-patient relationship, and that ally, we are going to tell them that forcing that rule. For instance, in the maximizes choice and creates incen- they shall do this. province of British Columbia alone, tives, and not the wrong choice that The argument has been made that more than 40,000 people somehow grows big government, that lessens the speech and debate clause is vio- slipped through the cracks or slipped choice, that increases mandates, that lated by my amendment. I don’t think through that mandate. It isn’t a magic pushes individuals in a certain direc- that is accurate, but I will take that as wand, and it doesn’t get done. tion rather than allowing them to un- an argument. But for the Boxer amend- So we believe there is a better way, derstand what best meets their needs. ment to pass, the separation of powers and that is to maximize choice, em- Next week, Madam President, we will will be violated. These are not laws. power the individual, and create incen- continue the discussion as another of These are rules of Congress. Yet we are tives. That will get a great number of my Republican Senate classmates going to now invite in the executive people enrolled and provide more af- takes to the floor to talk about an- branch to handle what we refuse to fordability and access to health care. other issue in this important debate, handle? The cynicism in me says that We believe, as a part of that, that ex- and I look forward to listening and par- maybe we don’t want to know the an- isting Government programs can be ticipating in that discussion. swer to this question. improved and modernized and made Madam President, I yield the floor, We very simply could have had a ma- more efficient. And that is important. and I suggest the absence of a quorum. jority vote on both of these, and the But we are opposed to attempts which The PRESIDING OFFICER. The one that got the most votes would have often come up in this body and the clerk will call the roll. won. We don’t have the parliamentary other body of Congress that try to sig- The bill clerk proceeded to call the power to force that to happen, and we nificantly expand these programs well roll. do have the concurrent agreement of beyond the bounds of how they were Mr. COBURN. Madam President, I the chairwoman of the EPW Com- originally set up, well beyond the core ask unanimous consent that the order mittee to have a vote, which I appre- constituencies or income levels for for the quorum call be rescinded. ciate. I would not tell her that I do not

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I think if neither That is the Coconut Road project— and if we invite the executive branch amendment gets 60 votes—and I cer- to ascertain if a violation of Federal crimi- into our Houses, we have failed—we tainly hope the Boxer amendment does, nal law has occurred. have failed to live up to our own re- and I expect it would, but I don’t know, I think we know enough to warrant sponsibility in the Senate and in the it might not—I am already working on this kind of amendment. I think we House, and we have failed to protect an alternative I would talk to my know enough to be concerned. I think what is truly a separation between us friend about right now, which is for us we know enough to say to the Justice and the executive branch in how we to communicate in writing very Department: Please pay attention to have gone about it. strongly to the Justice Department this. Do your work. Make a determina- So I thank the good nature and good and tell them how strongly we feel. tion and get on with it because this is humor of the chairman of the com- I also wish to make the point that very serious. mittee for the lively debate we had yes- my friend is right. Someday, somebody I yield the floor. terday. But, someday, somebody will will write about this. People are al- The PRESIDING OFFICER. Who ready writing about it because of the write about this issue, and I am not yields time in opposition? work we are doing on this matter. The sure history is going to be very kind to The Senator from Oklahoma. Senator and I have been quite forceful us as we worry about partisan issues, Mr. COBURN. Madam President, I in the way we feel about this. People who gets credit, who didn’t, pointing will repeat the three points I think are are writing about it. My hope is that fingers. important. No. 1 is we do not know what we do is not create a new kind of The fact is, we have a problem that enough. The next amendment relates select committee. My friend said it has should be solved by a joint group of to the Justice Department if we do been done before, and he may be right. Members of this body. To say we can’t know enough. But why a committee when we can get do that denies the fact that we have in- No. 2 is I am very hesitant to set a right to the heart of the matter, which tegrity. We do have integrity. We do precedent that invites the Justice De- is: Was there a crime? If so, let’s get to have honor. We do have commitment. partment to come into the Senate and the bottom of it. And most of all, we want to build the House to investigate us. I do want to say, and I say this as No. 3, and finally, the Justice Depart- confidence of the American people in chair of the Ethics Committee of the Congress. I believe that will happen ment does not have to do it even if we Senate, nothing is more important to say they shall. They do not have to do under my amendment. I am not sure it me than having a fair Ethics Com- will happen if we don’t pass it. As a it. There is no force of law that we can mittee that works hard and is objec- make the Justice Department come matter of fact, I am certain that if we tive. Any Member of the Senate can don’t have one of these that gets ac- and investigate us. If we did, our fore- make a complaint any day of the week fathers would roll over in their graves. cepted in conference, we will not be and it automatically is looked at. I able to claim that. That is what the separation of powers want to reiterate that. If people have is all about. When we go directly to the I have heard the statements of the an issue, please, let us know. That is chairwoman of the EPW Committee, Justice Department, we shirk our re- why we are there. sponsibility to control our own house and I believe her statements. So what- For those of us who care a lot about ever happens here, it is my hope that and bring our own Members under it. this matter, we do need, if nobody gets I urge my colleagues to not support she will encourage that to happen in 60—I hope we will, but if nobody does, conference. It won’t be telling the this new precedent setting seeking of this issue does not go away as far as I the Justice Department, in violation of House what to do; rather, it will be am concerned. It cannot go away. the separation of powers, to come into asking them to concur that we ought I think it is very important, the way the Senate and the House to do an in- to look into this. we deal with this, to understand that if Washington has a problem, and the we do something that the House has vestigation before we have done our problem is this: We are not believable constitutional objections to and it own investigation to find out the jot to the American public. More than 70 brings down the technical corrections and tittles. percent of the people in this country I yield the floor. bill, the irony of ironies is the Coconut Mrs. BOXER. I ask for 10 more sec- have no confidence in us, and we ought Road project doesn’t get fixed, it goes onds. to be about repairing the institution back to the crooked way it was han- The PRESIDING OFFICER. Without and repairing that confidence. dled. We don’t want that. We want to objection, it is so ordered. With that, Madam President, I yield fix the Coconut Road problem and we Mrs. BOXER. I want to make the back. want to have an investigation. point, if we pass the Boxer amendment The PRESIDING OFFICER. The Sen- I yield the floor to get to the regular today and this bill gets signed into law ator from California. order at this time. by the President and we are requiring Mrs. BOXER. Madam President, I AMENDMENT NO. 4539, AS MODIFIED the Justice Department to do this, thank my colleague for bringing this The PRESIDING OFFICER. Under then they will be breaking the law. issue to our attention. I think he the regular order, there will be 2 min- I yield the floor. knows that in the beginning there were utes of debate prior to a vote on The PRESIDING OFFICER. The some voices that said: Let’s not deal amendment No. 4539, offered by the question is on agreeing to the amend- with this. But we worked together, and Senator from California, as modified. ment. we did come up eventually with a way Mrs. BOXER. Madam President, we Mrs. BOXER. I ask for the yeas and to deal with it. have a very simple amendment. Some- nays. I think some of our colleagues be- times in simplicity is strength. Some- The PRESIDING OFFICER. Is there a lieve that where there is a constitu- times in simplicity is power. Some- sufficient second? tional issue and a precedent-setting times in simplicity you get to the place There is a sufficient second. issue here involving such a delicate you want to get. The clerk will call the roll. matter, such a matter that could lead I do not like a lot of words. I believe The bill clerk called the roll. to a criminal investigation and punish- a few words will say it. Look at what Mr. DURBIN. I announce that the ment, we ought to have some type of we say here: Senator from Delaware (Mr. BIDEN),

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the Senator from New York (Mrs. CLIN- AMENDMENT NO. 4538 the Senator from Arizona (Mr. TON), the Senator from Hawaii (Mr. The PRESIDING OFFICER. There MCCAIN). INOUYE), and the Senator from Illinois are now 2 minutes equally divided prior Further, if present and voting, the (Mr. OBAMA) are necessarily absent. to a vote on the Coburn amendment. Senator from Tennessee (Mr. ALEX- Mr. KYL. The following Senators are Mr. COBURN. Madam President, we ANDER), would have voted ‘‘yea.’’ necessarily absent: the Senator from have voted an invitation to the Justice The PRESIDING OFFICER. Are there Tennessee (Mr. ALEXANDER), the Sen- Department to investigate a rules vio- any other Senators in the Chamber de- ator from Nebraska (Mr. HAGEL), the lation in either the House or the Sen- siring to vote? Senator from Indiana (Mr. LUGAR), and ate. We have set an amazing precedent. The result was announced—yeas 49, the Senator from Arizona (Mr. What we recommend is a bicameral nays 43, as follows: MCCAIN). committee made up of four members of [Rollcall Vote No. 106 Leg.] Further, if present and voting, the each body, two from each party, that YEAS—49 Senator from Tennessee (Mr. ALEX- would report back to the appropriate Allard Crapo McCaskill ANDER) would have voted ‘‘aye.’’ ethics committee or to the Justice De- Barrasso DeMint McConnell Bayh Dole The PRESIDING OFFICER. Are there partment, if there is, in fact, an infrac- Murkowski tion of law. Bennett Domenici Nelson (FL) any other Senators in the Chamber de- Bond Ensign Roberts siring to vote? My hope would be that we would take Brownback Enzi Sessions Bunning Feingold The result was announced—yeas 64, care of the problems in our own body. Shelby The House would take care of the prob- Burr Graham Smith Cardin Grassley nays 28, as follows: Specter lems in their body and that we would, Chambliss Gregg [Rollcall Vote No. 105 Leg.] Stevens in fact, give greater than 36 votes to Coburn Hatch Sununu YEAS—64 this amendment. Cochran Hutchison Coleman Inhofe Thune Akaka Feinstein Reed The PRESIDING OFFICER. Who Collins Isakson Vitter Baucus Harkin Reid yields time? Corker Klobuchar Warner Bayh Isakson Roberts Cornyn Kyl Wicker Bingaman Johnson The Senator from California. Rockefeller Craig Martinez Bond Kennedy Salazar Mrs. BOXER. Colleagues, this is very Boxer Kerry Sanders important. I wish to commend my col- NAYS—43 Brown Klobuchar Schumer league for bringing this whole issue to Akaka Johnson Reed Brownback Kohl Smith Baucus Kennedy Bunning Landrieu the floor of the Senate. But I think we Reid Snowe Bingaman Kerry Cantwell Lautenberg have done something important. We Rockefeller Specter Boxer Kohl Cardin Leahy Salazar Stabenow have taken his concerns to heart, and Brown Landrieu Carper Levin Sanders Byrd Lautenberg Casey Lieberman Sununu with a very big vote, we have stated Schumer Cantwell Leahy Chambliss Lincoln Tester that the Justice Department is now re- Snowe Carper Levin Coleman Martinez Thune Stabenow quired to open an investigation. Casey Lieberman Collins McConnell Vitter Tester What the Senator does is set up an Conrad Lincoln Conrad Menendez Voinovich Voinovich Dodd Menendez Corker Mikulski Warner elaborate commission of Senators, of Webb Dorgan Mikulski Dodd Murray Webb House Members; it is political on its Durbin Murray Whitehouse Dole Nelson (FL) Whitehouse face. It will only put off the day until Feinstein Nelson (NE) Wyden Dorgan Nelson (NE) Wyden an investigation is done by Justice. Be- Harkin Pryor Durbin Pryor cause after having this elaborate com- NOT VOTING—8 NAYS—28 mission, Senators investigating House Alexander Hagel McCain Allard DeMint Inhofe Members, House Members inves- Biden Inouye Obama Barrasso Domenici Kyl tigating Senators, it is unconstitu- Clinton Lugar Bennett Ensign McCaskill tional on its face on the speech and de- Burr Enzi Murkowski The PRESIDING OFFICER. Under Byrd Feingold Sessions bate clause. the previous order requiring 60 votes Coburn Graham Shelby That will bring down this entire bill. Cochran Grassley for the adoption of this amendment, Stevens Here is the irony of ironies. If we bring the amendment is withdrawn. Cornyn Gregg Wicker Craig Hatch this bill down, the fix of Coconut Road Mrs. BOXER. I move to reconsider Crapo Hutchison will fall. We fix the Coconut Road prob- the vote. NOT VOTING—8 lem in this bill. Mr. DURBIN. I move to lay that mo- I urge you, please say no to this idea Alexander Hagel McCain tion on the table. Biden Inouye Obama because I feel we have done the right The motion to lay on the table was Clinton Lugar thing on this matter. agreed to. The PRESIDING OFFICER. The The PRESIDING OFFICER. Under The PRESIDING OFFICER. There question is on agreeing to the amend- the previous order requiring 60 votes are now 2 minutes equally divided prior ment. for the adoption of this amendment, to the cloture vote on the substitute Mr. COBURN. Madam President, I the amendment is agreed to. amendment. ask for the yeas and nays. Mrs. BOXER. Madam President, I The Senator from California. The PRESIDING OFFICER. Is there a Mrs. BOXER. Madam President, we move to reconsider the vote. sufficient second? There appears to be are ready. Ms. LANDRIEU. I move to lay that a sufficient second. There is a suffi- Mr. INHOFE. We are ready. motion on the table. cient second. Mrs. BOXER. All we want is an ‘‘aye’’ The motion to lay on the table was The clerk will call the roll. vote. Let’s get this good bill passed. agreed to. The legislative clerk called the roll. Let’s unleash $1 billion worth of good, Mr. REID. For the information of Mr. DURBIN. I announce that the important projects into our commu- Senators, we have three more votes. Senator from Delaware (Mr. BIDEN), nities and create tens of thousands of We are going to be in session tomor- the Senator from New York (Mrs. CLIN- jobs. row, but there will be no votes. Be- TON), the Senator from Hawaii (Mr. We appreciate we have come this far. cause of the Passover holiday, on Mon- INOUYE), and the Senator from Illinois We thank you. day, there will be no votes. We expect (Mr. OBAMA) are necessarily absent. I yield to my colleague. to have a full, heavy week next week. Mr. KYL. The following Senators are The PRESIDING OFFICER. The Sen- I appreciate the cooperation of Sen- necessarily absent: the Senator from ator from Oklahoma. ators this week. As indicated, we Tennessee (Mr. ALEXANDER), the Sen- Mr. INHOFE. Madam President, I should be finished within the next ator from Nebraska (Mr. HAGEL), the think we have talked enough on this hour. Senator from Indiana (Mr. LUGAR), and bill. Everyone knows what it is. We

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6332 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 have to get our road construction pro- Ensign Leahy Sanders though the affected counties of North- Enzi Levin Schumer grams going. We cannot do it without Feingold Lieberman Sessions umberland, Snyder, and Union are an ‘‘aye’’ vote on this motion. I urge Feinstein Lincoln Shelby within the Appalachian region, this 12- you to vote aye. Graham Martinez Smith mile route in question is not a part of Grassley McCaskill Snowe the existing ADHS system and there- CLOTURE MOTION Harkin McConnell Specter The PRESIDING OFFICER. Under Hatch Menendez Stabenow fore does not qualify for ADHS funding. the previous order, pursuant to rule Hutchison Mikulski Stevens This amendment would authorize Inhofe Murkowski Sununu XXII, the Chair lays before the Senate Federal ADHS assistance for the 13- Isakson Murray Tester mile thruway project. For purposes of the pending cloture motion, which the Johnson Nelson (FL) Thune clerk will state. Kennedy Nelson (NE) Vitter connectivity, it would also authorize a The legislative clerk read as follows: Kerry Pryor Voinovich larger 52-mile segment from I–180 near Klobuchar Reed Warner Williamsport to the intersection of CLOTURE MOTION Kohl Reid Webb Kyl Roberts Whitehouse U.S. 11/15 and U.S. 22 near Duncannon We, the undersigned Senators, in accord- Landrieu Rockefeller Wicker as part of the ADHS. This will connect ance with the provisions of rule XXII of the Lautenberg Salazar Wyden the 13-mile system to the rest of Penn- Standing Rules of the Senate, hereby move sylvania’s existing ADHS system, but to bring to a close debate on the Boxer sub- NAYS—2 stitute amendment No. 4146 to H.R. 1195, an DeMint Gregg the only segment of this 52-mile addi- tion that would be eligible for funding act to amend the Safe, Accountable, Flexi- NOT VOTING—8 ble, Efficient Transportation Equity Act: A under the amendment is the 13-mile Legacy for Users, to make technical correc- Alexander Hagel McCain thruway project. Further the amend- Biden Inouye Obama tions, and for other purposes. Clinton Lugar ment provides that this addition will Barbara Boxer, Harry Reid, Charles E. not affect Pennsylvania’s Federal Schumer, Frank R. Lautenberg, Jon The PRESIDING OFFICER. On this question, the yeas are 90, the nays are ADHS apportionment. It is important Tester, Mark L. Pryor, Bernard Sand- to note that the amendment does not ers, Benjamin L. Cardin, Jeff Binga- 2. Three-fifths of the Senators duly man, Patty Murray, Sheldon chosen and sworn having voted in the provide more funding to Pennsylvania, Whitehouse, Debbie Stabenow, Bill affirmative, the motion is agreed to. it simply gives PENNDOT the ability Nelson, John D. Rockefeller, IV, Jack Mr. SPECTER. Madam President, I to use existing ADHS apportionment Reed, Ron Wyden, Dianne Feinstein. have sought recognition to speak to an funding for this high-priority project. The PRESIDING OFFICER. By unan- amendment to the pending legislation Madam President, I also wish to imous consent, the mandatory quorum by myself and Senator CASEY, which speak to an amendment to the pending call is waived. would authorize an addition of lane legislation by myself and Senator The question is, Is it the sense of the miles in Pennsylvania to the Appa- CASEY, regarding the use of ‘‘toll cred- Senate that debate on amendment No. lachian Development Highway System its’’ by the Pennsylvania Department 4146, offered by the Senator from Cali- so that a vital highway project can be of Transportation, PENNDOT, with re- fornia, to H.R. 1195, the highway tech- constructed. spect to construction of the U.S. Route nical corrections bill, shall be brought The Central Susquehanna Valley 219 highway improvement project in to a close? Thruway project is a proposed 13-mile, Somerset County, PA. The Somerset County Commissioners The yeas and nays are mandatory four-lane limited access highway ex- have identified the U.S. Route 219 im- under the rule. tending from the Selinsgrove Bypass of provement project as essential to im- The clerk will call the roll. U.S. Routes 11/15 to PA Route 147 in Northumberland. Because the project proving north-south transportation The assistant legislative clerk called mobility and safety in Somerset Coun- the roll. involves construction of a bridge across the Susquehanna River, the estimated ty. The project involves construction Mr. DURBIN. I announce that the cost to construct it is $370 million. The of a four-lane, limited access highway Senator from Delaware (Mr. BIDEN), current conditions are a major impedi- connecting the towns of Somerset and the Senator from New York (Mrs. CLIN- ment to north-south travel in Central Meyersdale, PA. A 1999 study con- TON), the Senator from Hawaii (Mr. Pennsylvania and this project is widely ducted by PENNDOT noted that this INOUYE), and the Senator from Illinois supported by State and local elected section of U.S. Route 219 has a number (Mr. OBAMA), are necessarily absent. officials. In addition to the traffic of deficiencies that cause traffic con- Mr. KYL. The following Senators are problems it will address, the project is gestion and high accident rates. The necessarily absent: the Senator from a major economic development initia- project also promises economic bene- Tennessee (Mr. ALEXANDER), the Sen- tive in the predominately rural region fits by linking motorists with a new ator from Nebraska (Mr. HAGEL), the between Williamsport and Harrisburg. business park. PENNDOT received ap- Senator from Indiana (Mr. LUGAR), and The Pennsylvania Department of proval to conduct environmental and the Senator from Arizona (Mr. Transportation, PENNDOT, has thus engineering studies in 1999 and planned MCCAIN). far not been able to identify the funds on using ‘‘toll credits’’ to match $45 Further, if present and voting, the necessary to construct this project, million in Federal funds allocated to Senator from Tennessee (Mr. ALEX- and neither has the Federal Govern- the project through the Appalachian ANDER) would have voted ‘‘yea.’’ ment. However, it has been suggested Development Highway System, ADHS, The PRESIDING OFFICER. Are there that if the 12-mile route were added to program. However, the necessary land any other Senators in the Chamber de- the Appalachian Development Highway was not acquired until 2006, and in the siring to vote? System, ADHS, it would open up a new meantime, the 2005 SAFETEA–LU bill The yeas and nays resulted—yeas 90, source of funds which PENNDOT could prohibited the use of toll credits as a nays 2, as follows: use to construct this project. non-Federal match requirement to [Rollcall Vote No. 107 Leg.] The ADHS encompasses 2,600 miles ADHS funds. YEAS—90 across the Appalachian States and is Toll credits are a ‘‘soft-match’’ that Akaka Bunning Collins administered by the Appalachian Re- allow States to substitute previous, Allard Burr Conrad gional Commission. The intention of toll-financed transportation spending Barrasso Byrd Corker this highway system is to improve the as a credit toward the match require- Baucus Cantwell Cornyn Bayh Cardin Craig connectivity of economically depressed ment. In doing so, it effectively in- Bennett Carper Crapo Appalachian regions with metropolitan creases the Federal share to 100 per- Bingaman Casey Dodd areas. Approximately 500 miles of the cent, thereby reducing the pot of avail- Bond Chambliss Dole ADHS have yet to be completed, in- able Federal funds. With the limited Boxer Coburn Domenici Brown Cochran Dorgan cluding 178 miles which need to be availability of Federal resources, I can Brownback Coleman Durbin completed within Pennsylvania. Al- understand why Congress would have

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6333 an interest in ensuring that States used for the purpose for which they transit is essential in light of this in- contribute actual dollars toward high- were intended, which is to shore up our creasing demand. In fact, I strongly be- way construction projects rather than transit systems, our roads and lieve that if we are to keep up with the credits. That is why this amendment bridges—all of the vital components of demands of our growing economy, we does not eliminate the prohibition on the transportation network that we must renew our commitment to our the use of toll credits to match ADHS rely on every day for the safe and effi- Nation’s infrastructure, not just in dollars. This is something that we can cient movement of people and goods. transportation, but in water systems, debate as we consider the next highway The funds that would be unlocked by housing, and other areas. Senator and transit authorization bill. passage of this bill will allow for crit- HAGEL and I have put forward a pro- This amendment provides for a nar- ical maintenance and capital improve- posal to create a National Infrastruc- row exception to that prohibition. It ment projects to go forward on our ture Bank, which would leverage pri- would allow PENNDOT, in the case of roadways; they will allow for dan- vate investment through tax-credit U.S. Route 219 only, to use toll credits gerous overpasses to be replaced; they bonds to fund large-scale, regionally or so that this important transportation will allow for transit systems to more nationally significant infrastructure and economic development project can efficiently meet the needs of their rid- projects. I held a hearing on this pro- move forward. I believe this exception ers; and they will allow for a greater posal last month and I intend to hold to the toll credit prohibition is war- degree of safety on our roads and rails. another in the coming weeks. ranted at this time because PENNDOT And it is important to understand, We have an enormous challenge be- was planning on using them when it this bill does not cost a single penny. It fore us in meeting the infrastructure entered the environmental and engi- allows funds that have already been au- needs of our nation. The National In- neering phase of this project. Without thorized to be distributed as intended. frastructure Bank is not intended to be the ability to use credits, I am advised The Banking Committee reported the the only tool in our toolbox; neither is that PENNDOT has no matching funds transit title of this bill last May. We the technical corrections bill we are available to finance this project. worked closely with our colleagues discussing today. Mr. DODD. Mr. President, the Senate here in the Senate as well as in the But passage of the bill now before the is now debating the SAFETEA–LU House to develop a bipartisan, con- Senate would be an essential step for- technical corrections bill. It is regret- sensus package. I want to again thank ward in meeting that challenge. It table that we had to file cloture on the my ranking member, Senator SHELBY, would put an end to the technicalities motion to proceed to this bill in order for his efforts on this bill; he has that are holding up vital funding for worked hard to try to get this done to make progress on this legislation. road and transit improvements. There since the last Congress. This is a technical corrections bill. It is no excuse for any further delay in The Banking Committee’s title of fixes mistakes made in the heat of pas- this bill addresses the drafting errors getting these funds to the communities sage of SAFETEA–LU, a bill that was contained in the transit title of which need them. Let me take just a moment to ad- 835 pages long. These types of technical SAFETEA–LU and makes necessary dress the Administration’s Statement corrections bills are not at all uncom- changes to various project authoriza- of Administration Policy opposing one mon, and almost always pass with lit- tions so that funds can be released. In tle, if any debate, much less disagree- addition, I just want to note that this of the provisions in the transit title of ment. bill recognizes the hard work and lead- this bill, related to the transit New All of the relevant committees the ership of our former colleague, and Starts program. This program, which Banking Committee, which has juris- past chairman of the Banking Com- supports the development and con- diction over the transit title of the bill, mittee, Senator Paul Sarbanes, by struction of new transit systems, is the EPW Committee, with highway ju- naming the Transit in Parks program, widely recognized for its focus on per- risdiction, and the Commerce Com- which he authored, after him. formance measures and accountability. mittee, which oversees highway safe- It is more important than ever that Each applicant for New Starts funds ty—have worked together in a bipar- we invest in our Nation’s transit sys- enters a rigorous review process based tisan fashion to produce a corrections tems. Safe, reliable, and efficient pub- on statutory rating criteria, including bill with broad support. lic transportation is essential if we are factors such as mobility improvements, I thank my colleague and ranking to tackle the growing problems of traf- environmental benefits, and cost effec- member on the Banking Committee, fic congestion, rising gas prices, and tiveness. In order to more fully capture Senator SHELBY, for his work in pro- global climate change. Transit systems the impact that a major transit project ducing this title, which passed the provide significant benefits both to has on communities, Congress in Banking Committee unanimously in transit riders and to others in the com- SAFETEA–LU added economic devel- May of last year. I also want to com- munity, including employers, property opment and land use effects to the mend EPW Chairman BOXER and Rank- owners, and automobile drivers. For statutory list. ing Member INHOFE, as well as Com- example, when people ride transit, the However, the Federal Transit Admin- merce Chairman INOUYE and Ranking amount of time that transit riders and istration is not applying the statutory Member STEVENS, for their hard work automobile drivers alike spend in traf- rating criteria as Congress intended. on developing this highly technical fic goes down; in fact, the Texas Trans- Instead, the FTA has assigned inordi- bill. portation Institute has estimated that nate weight to a few statutory factors, Unfortunately, despite these efforts, transit saves Americans over $18 bil- while giving others, such as economic we have been blocked from moving for- lion a year by reducing the time they development and environmental bene- ward by a small handful of our col- would otherwise waste sitting on fits, only minimal weight. leagues. I want to thank the majority clogged roadways. The language in the technical correc- leader for making time in the Senate’s And, in this era of high gasoline tions bill reiterates Congress’s intent schedule to debate this bill. prices, public transportation provides in SAFETEA–LU that each of the fac- Although this is only a corrections an additional benefit: according to tors must be given comparable weight bill, it will have a real impact for our economists Robert Shapiro and Kevin when evaluating New Starts grant ap- local communities, which are strug- Hassett, public transportation saves plications. This language passed the gling to keep up with the demands of more than 855 million gallons of gaso- House of Representatives last summer crumbling infrastructure. There are line a year, helping to reduce our de- as part of their technical corrections funds that were authorized in pendence on foreign oil and providing package. SAFETEA–LU to help meet these de- us with a cleaner, healthier environ- I say to my colleagues, I could not mands, but for technical reasons, they ment. disagree more with the position the ad- have not been distributed. This bill will Transit ridership is at the highest ministration is taking on this point. unlock those funds so that they can be level in 40 years, and strong support for The language in the transit title has

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6334 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 broad bipartisan support, both from Mr. DORGAN. Madam President, I acy for Users to make technical corrections, the Banking Committee and from the ask for the yeas and nays. and for other purposes.’’, do pass with the House Transportation and Infrastruc- The PRESIDING OFFICER. Is there a following amendment: ture Committee. If the Administration sufficient second? SECTION 1. SHORT TITLE; TABLE OF CONTENTS. does not agree with the criteria in- There appears to be a sufficient sec- (a) SHORT TITLE.—This Act may be cited as cluded in SAFETEA–LU for the evalua- ond. the ‘‘SAFETEA–LU Technical Corrections Act tion of New Starts projects, I would be The clerk will call the roll. of 2008’’. (b) TABLE OF CONTENTS.—The table of con- happy to consider their views in the The legislative clerk called the roll. tents of this Act is as follows: context of the next reauthorization. I Mr. DURBIN. I announce that the Sec. 1. Short title; table of contents. intend to begin that process later this Senator from Delaware (Mr. BIDEN), TITLE I—HIGHWAY PROVISIONS year and I expect to proceed in an open the Senator from New York (Mrs. CLIN- and bipartisan way. In the meantime, TON), the Senator from Hawaii (Mr. Sec. 101. Surface transportation technical cor- rections. the administration’s responsibility is INOUYE), the Senator from Louisiana to implement the law, and unfortu- Sec. 102. MAGLEV. (Ms. LANDRIEU), the Senator from Illi- Sec. 103. Projects of national and regional sig- nately they have failed to do so in this nois (Mr. OBAMA), and the Senator nificance and national corridor case. from Vermont (Mr. SANDERS) are nec- infrastructure improvement In conclusion, although it is tech- essarily absent. projects. nical, this is an important bill. It has I further announce that, if present Sec. 104. Idling reduction facilities. broad bipartisan support on both sides and voting, the Senator from Louisiana Sec. 105. Project authorizations. of the Capitol and would allow ur- (Ms. LANDRIEU) would vote ‘‘yea.’’ Sec. 106. Nonmotorized transportation pilot pro- gently needed funds to be distributed Mr. KYL. The following Senators are gram. to the States and local communities Sec. 107. Correction of Interstate and National necessarily absent: the Sentor from Highway System designations. trying to address their transportation Tennessee (Mr. ALEXANDER), the Sen- needs. I commend it to my colleagues Sec. 108. Budget justification; buy America. ator from Nebraska (Mr. HAGEL), the Sec. 109. Transportation improvements. and ask for their support. Senator from Indiana (Mr. LUGAR), and Sec. 110. I–95/Contee Road interchange design. Mr. BYRD. Madam President, I am the Senator from Arizona (Mr. Sec. 111. Highway research funding. proud to support H.R. 1195, a bill to MCCAIN). Sec. 112. Rescission. amend the Safe, Accountable, Flexible, Further, if present and voting, the Sec. 113. TEA–21 technical corrections. Efficient Transportation Equity Act, Sec. 114. High priority corridor and innovative Senator from Tennessee (Mr. ALEX- and the benefits that it will provide to project technical corrections. ANDER) would have voted ‘‘yea.’’ West Virginia and the rest of the coun- Sec. 115. Definition of repeat intoxicated driver The PRESIDING OFFICER. Are there law. try. However, I must oppose the two any other Senators in the Chamber de- amendments offered by Senators Sec. 116. Research technical correction. siring to vote? Sec. 117. Buy America waiver notification and BOXER and COBURN. Both amendments The result was announced—yeas 88, annual reports. have the good intention of ensuring nays 2, as follows: Sec. 118. Efficient use of existing highway ca- open and honest government, but I [Rollcall Vote No. 108 Leg.] pacity. must oppose them because of my con- Sec. 119. Future interstate designation. cerns about their implications, particu- YEAS—88 Sec. 120. Project flexibility. larly as they may impinge on the pow- Akaka Domenici Murkowski Sec. 121. Effective date. ers of the legislative branch. Allard Dorgan Murray TITLE II—TRANSIT PROVISIONS Barrasso I applaud the Senators for their at- Durbin Nelson (FL) Baucus Ensign Nelson (NE) Sec. 201. Transit technical corrections. tempts to eliminate any waste, fraud, Bayh Enzi Pryor TITLE III—OTHER SURFACE and abuse that have plagued the Con- Bennett Feingold Reed TRANSPORTATION PROVISIONS Bingaman Feinstein Reid gress in previous years. As chairman of Sec. 301. Technical amendments relating to Bond Graham Roberts the Appropriations Committee, I have Boxer Grassley Rockefeller motor carrier safety. instituted on-line access to spending Brown Harkin Salazar Sec. 302. Technical amendments relating to haz- Brownback Hatch bills, so that the public may see where Schumer ardous materials transportation. their tax money is being spent. But Bunning Hutchison Sec. 303. Highway safety. Burr Inhofe Sessions both of these amendments may inap- Byrd Isakson Shelby Sec. 304. Correction of study requirement re- propriately expose Congress to scru- Cantwell Johnson Smith garding on-scene motor vehicle tiny by the executive branch by way of Cardin Kennedy Snowe collision causation. the Department of Justice. Carper Kerry Specter Sec. 305. Motor carrier transportation registra- Casey Stabenow Congress is fully capable of pro- Klobuchar tion. Chambliss Kohl Stevens Sec. 306. Applicability of Fair Labor Standards ceeding with its own internal inves- Coburn Kyl Sununu Act requirements and limitation Cochran Lautenberg tigations. Both Houses have bipartisan Tester on liability. Ethics Committees that may under- Coleman Leahy Thune Collins Levin TITLE IV—MISCELLANEOUS PROVISIONS take these investigations. If criminal Vitter Conrad Lieberman Voinovich activities are discovered in the course Sec. 401. Conveyance of GSA Fleet Management Corker Lincoln Warner Center to Alaska Railroad Cor- of a congressional inquiry, such crimes Cornyn Martinez Webb Craig poration. should then be investigated by the ap- McCaskill Whitehouse Crapo McConnell Sec. 402. Conveyance of retained interest in St. Wicker propriate Federal authorities. Dodd Menendez Joseph Memorial Hall. Wyden The PRESIDING OFFICER. Under Dole Mikulski TITLE V—OTHER PROVISIONS the previous order, the Boxer sub- NAYS—2 Sec. 501. De Soto County, Mississippi. stitute amendment No. 4146, as amend- Sec. 502. Department of Justice review. ed, is agreed to. DeMint Gregg The committee substitute, as amend- NOT VOTING—10 TITLE I—HIGHWAY PROVISIONS ed, is agreed to. Alexander Inouye Obama SEC. 101. SURFACE TRANSPORTATION TECH- The question is on the engrossment Biden Landrieu Sanders NICAL CORRECTIONS. of the amendments and third reading of Clinton Lugar (a) CORRECTION OF INTERNAL REFERENCES IN the bill. Hagel McCain DISADVANTAGED BUSINESS ENTERPRISES.—Para- The amendments were ordered to be The bill (H.R. 1195), as amended, was graphs (3)(A) and (5) of section 1101(b) of the Safe, Accountable, Flexible, Efficient Transpor- engrossed, and the bill to be read a passed, as follows: tation Equity Act: A Legacy for Users (119 Stat. third time. H.R. 1195 1156) are amended by striking ‘‘paragraph (1)’’ The bill was read the third time. Resolved, That the bill from the House of each place it appears and inserting ‘‘paragraph The PRESIDING OFFICER. The bill Representatives (H.R. 1195) entitled ‘‘An Act (2)’’. having been read the third time, the to amend the Safe, Accountable, Flexible, (b) CORRECTION OF DISTRIBUTION OF OBLIGA- question is, Shall the bill pass? Efficient Transportation Equity Act: A Leg- TION AUTHORITY.—Section 1102(c)(5) of the Safe,

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6335 Accountable, Flexible, Efficient Transportation integrated program to optimize the performance by striking the paragraph heading and inserting Equity Act: A Legacy for Users (119 Stat. 1158) of existing infrastructure through the implemen- ‘‘BRIDGES NOT ON FEDERAL-AID HIGHWAYS’’; is amended by striking ‘‘among the States’’. tation of multimodal and intermodal, cross-ju- (J) in subsection (m) (as redesignated by sub- (c) CORRECTION OF FEDERAL LANDS HIGH- risdictional systems, services, and projects de- paragraph (G) of this paragraph) by striking WAYS.—Section 1119 of the Safe, Accountable, signed to preserve capacity and improve secu- the subsection heading and inserting ‘‘PROGRAM Flexible, Efficient Transportation Equity Act: A rity, safety, and reliability of the transportation FOR BRIDGES NOT ON FEDERAL-AID HIGHWAYS’’; Legacy for Users (119 Stat. 1190) is amended by system. and striking subsection (m) and inserting the fol- ‘‘(B) INCLUSIONS.—The term ‘transportation (K) in subsection (n)(4)(B) (as redesignated by lowing: systems management and operations’ includes— subparagraph (G) of this paragraph) by striking ‘‘(m) FOREST HIGHWAYS.—Of the amounts ‘‘(i) regional operations collaboration and co- ‘‘State highway agency’’ and inserting ‘‘State made available for public lands highways under ordination activities between transportation and transportation department’’. section 1101— public safety agencies; and (2) SPECIAL CONDITIONS.—Section 1114 of the ‘‘(1) not more than $20,000,000 for each fiscal ‘‘(ii) improvements to the transportation sys- Safe, Accountable, Flexible, Efficient Transpor- year may be used for the maintenance of forest tem, such as traffic detection and surveillance, tation Equity Act: A Legacy for Users (Public highways; arterial management, freeway management, de- Law 109–59; 119 Stat. 1172) is amended by add- ‘‘(2) not more than $1,000,000 for each fiscal mand management, work zone management, ing at the end the following: year may be used for signage identifying public emergency management, electronic toll collec- ‘‘(h) SPECIAL CONDITIONS.—Any unobligated hunting and fishing access; and tion, automated enforcement, traffic incident or unexpended funds remaining on completion ‘‘(3) not more than $10,000,000 for each fiscal management, roadway weather management, of the project carried out under section year shall be used by the Secretary of Agri- traveler information services, commercial vehicle 144(f)(1)(A)(vi) of title 23, United States Code, culture to pay the costs of facilitating the pas- operations, traffic control, freight management, shall be made available to carry out the project sage of aquatic species beneath forest roads (as and coordination of highway, rail, transit, bicy- described in section 144(f)(1)(A)(vii) of that title defined in section 101(a) of title 23, United cle, and pedestrian operations.’’. after the date on which the Vermont Agency of States Code), including the costs of con- (i) CORRECTION OF REFERENCE IN APPORTION- Transportation certifies to the Federal Highway structing, maintaining, replacing, and removing MENT OF HIGHWAY SAFETY IMPROVEMENT PRO- Administration the final determination of the culverts and bridges, as appropriate.’’. GRAM FUNDS.—Effective October 1, 2007, section agency regarding the removal of the Missisquoi (d) CORRECTION OF DESCRIPTION OF NATIONAL 104(b)(5)(A)(iii) of title 23, United States Code, is Bay causeway.’’. CORRIDOR INFRASTRUCTURE IMPROVEMENT amended by striking ‘‘the Federal-aid system’’ (3) CONFORMING AMENDMENTS.— PROJECT.—Item number 1 of the table contained each place it appears and inserting ‘‘Federal- (A) METROPOLITAN PLANNING.—Section in section 1302(e) of the Safe, Accountable, aid highways’’. 104(f)(1) of title 23, United States Code, is Flexible, Efficient Transportation Equity Act: A (j) CORRECTION OF AMENDMENT TO ADVANCE amended by striking ‘‘replacement and rehabili- Legacy for Users (119 Stat. 1205) is amended in CONSTRUCTION.—Section 115 of title 23, United tation’’. the State column by inserting ‘‘LA,’’ after States Code, is amended by redesignating sub- (B) EQUITY BONUS PROGRAM.—Subsections ‘‘TX,’’. section (d) as subsection (c). (a)(2)(C) and (b)(2)(C) of section 105 of such title (e) CORRECTION OF HIGH PRIORITY DESIGNA- (k) CORRECTION OF HIGH PRIORITY are amended by striking ‘‘replacement and reha- TIONS.— PROJECTS.—Section 117 of title 23, United States bilitation’’ each place it appears. (1) KENTUCKY HIGH PRIORITY CORRIDOR DES- Code, is amended— (C) ANALYSIS.—The analysis for chapter 1 of IGNATION.—Section 1105(c)(18)(E) of the Inter- (1) by redesignating subsections (d) through such title is amended in the item relating to sec- modal Surface Transportation Efficiency Act of (h) as subsections (e) through (i), respectively; tion 144 by striking ‘‘replacement and rehabili- 1991 (105 Stat. 2032; 112 Stat. 189; 115 Stat. 872) (2) by redesignating the second subsection (c) tation’’. is amended by inserting before the period at the (relating to Federal share) as subsection (d); (n) METROPOLITAN TRANSPORTATION PLAN- end the following: ‘‘, follow Interstate Route 24 (3) in subsection (a)(2)(A) by inserting ‘‘(112 NING.—Section 134 of title 23, United States to the Wendell H. Ford Western Kentucky Park- Stat. 257)’’ after ‘‘21st Century’’; and Code, is amended— way, then utilize the existing Wendell H. Ford (4) in subsection (a)(2)(B)— (1) in subsection (f)(3)(C)(ii) by striking sub- Western Kentucky Parkway and Edward T. (A) by striking ‘‘subsection (b)’’ and inserting clause (II) and inserting the following: Breathitt (Pennyrile) Parkway to Henderson’’. ‘‘subsection (c)’’; and ‘‘(II) FUNDING.—For fiscal year 2008 and each (2) INTERSTATE ROUTE 376 HIGH PRIORITY DES- (B) by striking ‘‘SAFETEA–LU’’ and inserting fiscal year thereafter, in addition to other funds IGNATION.— ‘‘Safe, Accountable, Flexible, Efficient Trans- made available to the metropolitan planning or- (A) IN GENERAL.—Section 1105(c)(79) of the portation Equity Act: A Legacy for Users (119 ganization for the Lake Tahoe region under this Intermodal Surface Transportation Efficiency Stat. 1256)’’. title and chapter 53 of title 49, prior to any allo- Act of 1991 (105 Stat. 2032; 119 Stat. 1213) is (l) CORRECTION OF TRANSFER OF UNUSED PRO- cation under section 202 of this title and not- amended by striking ‘‘and on United States TECTIVE-DEVICE FUNDS TO OTHER HIGHWAY withstanding the allocation provisions of section Route 422’’. SAFETY IMPROVEMENT PROGRAM PROJECTS.— 202, the Secretary shall set aside 1⁄2 of 1 percent (B) CONFORMING AMENDMENT.—Section Section 130(e)(2) of title 23, United States Code, of all funds authorized to be appropriated for 1105(e)(5)(B)(i)(I) of the Intermodal Surface is amended by striking ‘‘purposes under this such fiscal year to carry out section 204 and Transportation Efficiency Act of 1991 (105 Stat. subsection’’ and inserting ‘‘highway safety im- shall make such funds available to the metro- 2033; 119 Stat. 1213) is amended by striking ‘‘and provement program purposes’’. politan planning organization for the Lake United States Route 422’’. (m) CORRECTION OF HIGHWAY BRIDGE PRO- Tahoe region to carry out the transportation (f) CORRECTION OF INFRASTRUCTURE FINANCE GRAM.— planning process, environmental reviews, pre- SECTION.—Section 1602(d)(1) of the Safe, Ac- (1) IN GENERAL.—Section 144 of title 23, United liminary engineering, and design to complete en- countable, Flexible, Efficient Transportation States Code, is amended— vironmental documentation for transportation Equity Act: A Legacy for Users (119 Stat. 1247) (A) in the section heading by striking ‘‘re- projects for the Lake Tahoe region under the is amended by striking ‘‘through 189 as sections placement and rehabilitation’’; Tahoe Regional Planning Compact as consented 601 through 609, respectively’’ and inserting (B) in subsections (b), (c)(1), and (e) by strik- to in Public Law 96–551 (94 Stat. 3233) and this ‘‘through 190 as sections 601 through 610, re- ing ‘‘Federal-aid system’’ each place it appears paragraph.’’; spectively’’. and inserting ‘‘Federal-aid highway’’; (2) in subsection (j)(3)(D) by inserting ‘‘or the (g) CORRECTION OF PROJECT FEDERAL (C) in subsections (c)(2) and (o) by striking identified phase’’ after ‘‘the project’’ each place SHARE.—Section 1964(a) of the Safe, Account- ‘‘the Federal-aid system’’ each place it appears it appears; and able, Flexible, Efficient Transportation Equity and inserting ‘‘Federal-aid highways’’; (3) in subsection (k)(2) by striking ‘‘a metro- Act: A Legacy for Users (119 Stat. 1519) is (D) in the heading to paragraph (4) of sub- politan planning area serving’’. amended— section (d) by inserting ‘‘SYSTEMATIC’’ before (o) CORRECTION OF NATIONAL SCENIC BYWAYS (1) by striking ‘‘only for the States of Alaska, ‘‘PREVENTIVE’’; PROGRAM COVERAGE.—Section 162 of title 23, Montana, Nevada, North Dakota, Oregon, and (E) in subsection (e) by striking ‘‘off-system United States Code, is amended— South Dakota,’’; and bridges’’ each place it appears and inserting (1) in subsection (a)(3)(B) by striking ‘‘a Na- (2) by striking ‘‘section 120(b)’’ and inserting ‘‘bridges not on Federal-aid highways’’; tional Scenic Byway under subparagraph (A)’’ ‘‘section 120’’. (F) by striking subsection (f); and inserting ‘‘a National Scenic Byway, an (h) TRANSPORTATION SYSTEMS MANAGEMENT (G) by redesignating subsections (g) through All-American Road, or one of America’s Byways AND OPERATIONS DEFINED.—Section 101(a) of (s) as subsections (f) through (r), respectively; under paragraph (1)’’; and title 23, United States Code, is amended by add- (H) in paragraph (1)(A)(vi) of subsection (f) (2) in subsection (c)(3) by striking ‘‘or All- ing at the end the following: (as redesignated by subparagraph (G) of this American Road’’ each place it appears and in- ‘‘(39) TRANSPORTATION SYSTEMS MANAGEMENT paragraph) by inserting ‘‘and the removal of the serting ‘‘All-American Road, or one of America’s AND OPERATIONS.— Missisquoi Bay causeway’’ after ‘‘Bridge’’; Byways’’. ‘‘(A) IN GENERAL.—The term ‘transportation (I) in paragraph (2) of subsection (f) (as redes- (p) CORRECTION OF REFERENCE IN TOLL PRO- systems management and operations’ means an ignated by subparagraph (G) of this paragraph) VISION.—Section 166(b)(5)(C) of title 23, United

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6336 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 States Code, is amended by striking ‘‘paragraph cient Transportation Equity: A Legacy for Users (17) in item number 676 by striking the project (3)’’ and inserting ‘‘paragraph (4)’’. (119 Stat. 1203) is amended— description and inserting ‘‘St. Croix River cross- (q) CORRECTION OF RECREATIONAL TRAILS (1) in item number 4 by striking the project de- ing project, Wisconsin State Highway 64, St. PROGRAM APPORTIONMENT EXCEPTIONS.—Sec- scription and inserting ‘‘$7,400,000 for planning, Croix County, Wisconsin, to Minnesota State tion 206(d)(3)(A) of title 23, United States Code, design, and construction of a new American Highway 36, Washington County’’; is amended by striking ‘‘(B), (C), and (D)’’ and border plaza at the Blue Water Bridge in or (18) in item number 770 by striking the project inserting ‘‘(B) and (C)’’. near Port Huron; $12,600,000 for integrated description and inserting ‘‘Improve existing (r) CORRECTION OF INFRASTRUCTURE FI- highway realignment and grade separations at Horns Hill Road in North Newark, Ohio, from NANCE.—Section 601(a)(3) of title 23, United Port Huron to eliminate road blockages from Waterworks Road to Licking Springs Road’’; States Code, is amended by inserting ‘‘bbb NAFTA rail traffic’’; (19) in item number 777 by striking the project minus, BBB (low),’’ after ‘‘Baa3,’’. (2) in item number 19 by striking the project description and inserting ‘‘Akutan Airport ac- (s) CORRECTION OF MISCELLANEOUS TYPO- description and inserting ‘‘For purposes of con- cess’’; GRAPHICAL ERRORS.— struction and other related transportation im- (20) in item number 829 by striking the project (1) Section 1401 of the Safe, Accountable, provements associated with the rail yard reloca- description and inserting ‘‘$400,000 to conduct Flexible, Efficient Transportation Equity Act: A tion in the vicinity of Santa Teresa’’; and New Bedford/Fairhaven Bridge modernization Legacy for Users (119 Stat. 1226) is amended by (3) in item number 22 by striking the project study; $1,000,000 to design and build New Bed- redesignating subsections (d) and (e) as sub- description and inserting ‘‘Redesign and recon- ford Business Park access road’’; sections (c) and (d), respectively. struction of interchanges 298 and 299 of I–80 and (21) in item number 881 by striking the project (2) Section 1404(e) of such Act (119 Stat. 1229) accompanying improvements to any other public description and inserting ‘‘Pedestrian safety im- is amended by inserting ‘‘tribal,’’ after ‘‘local,’’. roads in the vicinity, Monroe County’’. provements near North Atlantic Boulevard, (b) NATIONAL CORRIDOR INFRASTRUCTURE IM- (3) Section 10211(b)(2) of such Act (119 Stat. Monterey Park’’; PROVEMENT PROJECT.—The table contained in 1937) is amended by striking ‘‘plan administer’’ (22) in item number 923 by striking the project section 1302(e) of the Safe, Accountable, Flexi- and inserting ‘‘plan and administer’’. description and inserting ‘‘Improve safety of a ble, Efficient Transportation Equity Act: A Leg- (4) Section 10212(a) of such Act (119 Stat. 1937) horizontal curve on Clarksville St. 0.25 miles acy for Users (119 Stat. 1205) is amended in item is amended— north of 275th Rd. in Grandview Township, number 23 by striking the project description (A) by inserting ‘‘equity bonus,’’ after ‘‘min- Edgar County’’; and inserting ‘‘Improvements to State Road 312, imum guarantee,’’; (23) in item number 947 by striking the project Hammond’’. (B) by striking ‘‘freight intermodal connec- description and inserting ‘‘Third East/West tors’’ and inserting ‘‘railway-highway cross- SEC. 104. IDLING REDUCTION FACILITIES. River Crossing, St. Lucie River’’; Section 111(d) of title 23, United States Code, ings’’; (24) in item numbers 959 and 3327 by striking is repealed. (C) by striking ‘‘high risk rural road,’’; and ‘‘Northern Section,’’ each place it appears; (D) by inserting after ‘‘highway safety im- SEC. 105. PROJECT AUTHORIZATIONS. (25) in item number 963 by striking the project provement programs’’ the following: ‘‘(and sepa- (a) PROJECT MODIFICATIONS.—The table con- description and inserting ‘‘For engineering, rately the set aside for the high risk rural road tained in section 1702 of the Safe, Accountable, right-of-way acquisition, and reconstruction of program)’’. Flexible, Efficient Transportation Equity Act: A 2 existing lanes on Manhattan Road from Base- Legacy for Users (119 Stat. 1256) is amended— line Road to Route 53’’; SEC. 102. MAGLEV. (1) in item number 34 by striking the project (26) in item number 983 by striking the project (a) FUNDING.—Section 1101(a)(18) of the Safe, description and inserting ‘‘Removal and Recon- description and inserting ‘‘Land acquisition for Accountable, Flexible, Efficient Transportation figuration of Interstate ramps, I–40, Memphis’’; Equity Act: A Legacy for Users (119 Stat. 1155) (2) by striking item number 61; highway mitigation in Cecil, Kent, Queen is amended by striking ‘‘Act—’’ and all that fol- (3) in item number 87 by striking the project Annes, and Worcester Counties’’; lows through the end of the paragraph and in- description and inserting ‘‘M–291 highway outer (27) in item number 1039 by striking the serting ‘‘Act, $45,000,000 for each of fiscal years road improvement project’’; project description and inserting ‘‘Widen State 2008 and 2009.’’. (4) in item number 128 by striking ‘‘$2,400,000’’ Route 98, including storm drain developments, (b) CONTRACT AUTHORITY.—Section 1307 of the and inserting ‘‘$4,800,000’’; from D. Navarro Avenue to State Route 111’’; Safe, Accountable, Flexible, Efficient Transpor- (5) in item number 154 by striking ‘‘Virginia’’ (28) in item number 1047 by striking the tation Equity Act: A Legacy for Users (119 Stat. and inserting ‘‘Eveleth’’; project description and inserting ‘‘Bridge and 1217) is amended by adding at the end the fol- (6) in item number 193 by striking the project road work at Little Susitna River Access road in lowing: description and inserting ‘‘Improvements to or Matanuska-Susitna Borough’’; ‘‘(e) CONTRACT AUTHORITY.—Funds author- access to Route 108 to enhance access to the (29) in item number 1124 by striking ‘‘bridge ized under section 1101(a)(18) shall be available business park near Rumford’’; over Stillwater River, Orono’’ and inserting for obligation in the same manner as if the (7) in item number 240 by striking ‘‘$800,000’’ ‘‘routes’’; funds were apportioned under chapter 1 of title and inserting ‘‘$2,400,000’’; (30) in item number 1206 by striking ‘‘Pleas- 23, United States Code; except that the funds (8) by striking item number 248; antville’’ and inserting ‘‘Briarcliff Manor’’; shall not be transferable and shall remain avail- (9) in item number 274 by striking the project (31) in item number 1281 by striking the able until expended, and the Federal share of description and inserting ‘‘Intersection improve- project description and inserting ‘‘Upgrade the cost of a project to be carried out with such ments at Belleville and Ecorse Roads and ap- roads in Attala County District 4 (Roads 4211 funds shall be 80 percent.’’. proach roadways, and widen Belleville Road and 4204), Kosciusko, Ward 2, and Ethel, Attala from Ecorse to Tyler, Van Buren Township, (c) ALLOCATION.—Section 1307 of the Safe, Ac- County’’; countable, Flexible, Efficient Transportation Michigan’’; (32) in item number 1487 by striking ‘‘$800,000’’ (10) in item number 277 by striking the project Equity Act: A Legacy for Users (119 Stat. 1217) and inserting ‘‘$1,600,000’’; description and inserting ‘‘Construct connector is amended by striking subsection (d) and insert- (33) in item number 1575 by striking the road from Rushing Drive North to Grand Ave., ing the following: project description and inserting ‘‘Highway and Williamson County’’; road signage, and traffic signal synchronization ‘‘(d) ALLOCATION.—Of the amounts made (11) in item number 395 by striking the project and upgrades, in Shippensburg Boro, available to carry out this section for a fiscal description and inserting ‘‘Plan and construct Shippensburg Township, and surrounding mu- year, the Secretary shall allocate— interchange at I–65, from existing SR–109 to I– nicipalities’’; ‘‘(1) 50 percent to the Nevada department of 65’’; transportation who shall cooperate with the (12) in item number 463 by striking (34) in item number 1661 by striking the California-Nevada Super Speed Train Commis- ‘‘Cookeville’’ and inserting ‘‘Putnam County’’; project description and inserting ‘‘Sheldon West sion for the MAGLEV project between Las (13) in item number 576 by striking the project Extension in Matanuska-Susitna Borough’’; Vegas and Primm, Nevada, as a segment of the description and inserting ‘‘Design, right-of-way (35) in item number 1810 by striking the high-speed MAGLEV system between Las Vegas, acquisition, and construction of Nebraska High- project description and inserting ‘‘Design, engi- Nevada, and Anaheim, California; and way 35 between Norfolk and South Sioux City, neering, ROW acquisition, construction, and ‘‘(2) 50 percent for existing MAGLEV projects including an interchange at Milepost 1 on I– construction engineering for the reconstruction located east of the Mississippi River using such 129’’; of TH 95, from 12th Avenue to CSAH 13, includ- criteria as the Secretary deems appropriate.’’. (14) in item number 595 by striking ‘‘Street ing bridge and approaches, ramps, intersecting (d) EFFECTIVE DATE.—The amendments made Closure at’’ and inserting ‘‘Transportation im- roadways, signals, turn lanes, and multiuse by this section take effect on October 1, 2007. provement project near’’; trail, North Branch’’; SEC. 103. PROJECTS OF NATIONAL AND RE- (15) in item number 649 by striking the project (36) in item number 1852 by striking ‘‘Milepost GIONAL SIGNIFICANCE AND NA- description and inserting ‘‘Construction and en- 9.3’’ and inserting ‘‘Milepost 24.3’’; TIONAL CORRIDOR INFRASTRUC- hancement of the Fillmore Avenue Corridor, (37) in item numbers 1926 and 2893 by striking TURE IMPROVEMENT PROJECTS. Buffalo’’; the project descriptions and inserting ‘‘Grading, (a) PROJECT OF NATIONAL AND REGIONAL SIG- (16) in item number 655 by inserting ‘‘, safety paving roads, and the transfer of rail-to-truck NIFICANCE.—The table contained in section improvement construction,’’ after ‘‘Environ- for the intermodal facility at Rickenbacker Air- 1301(m) of the Safe, Accountable, Flexible, Effi- mental studies’’; port, Columbus, Ohio’’;

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6337 (38) in item number 1933 by striking the chase land, and construct sound walls along the (B) by striking ‘‘$2,400,000’’ and inserting project description and inserting ‘‘Enhance Byz- west side of I–65 from approximately 950 feet ‘‘$3,200,000’’; antine Latino Quarter transit plazas at south of the Harding Place interchange south to (89) by striking item number 2936; Normandie and Pico, and Hoover and Pico, Los Hogan Road’’; (90) in item number 3138 by striking the Angeles, by improving streetscapes, including (61) in item number 3537 by inserting ‘‘and the project description and inserting ‘‘Elimination expanding concrete and paving’’; study of alternatives along the North South of highway-railway crossing along the KO rail- (39) in item number 1975 by striking the Corridor,’’ after ‘‘Valley’’; road from Salina to Osborne to increase safety project description and inserting ‘‘Point Mac- (62) in item number 3582 by striking the and reduce congestion’’; Kenzie Access Road improvements in project description and inserting ‘‘Improving (91) in item number 2274 by striking ‘‘between Matanuska-Susitna Borough’’; Outer Harbor access through planning, design, Farmington and Merriman’’ and inserting ‘‘be- (40) in item number 2015 by striking the construction, and relocations of Southtowns tween Hines Drive and Inkster, Flamingo Street project description and amount and inserting Connector–NY Route 5, Fuhrmann Boulevard, between Ann Arbor Trail and Joy Road, and the ‘‘Heidelberg Borough/Scott Township/Carnegie and a bridge connecting the Outer Harbor to intersection of Warren Road and Newburgh Borough for design, engineering, acquisition, downtown Buffalo at the Inner Harbor’’; Road’’; and construction of streetscaping enhance- (63) in item number 3604 by inserting ‘‘/Kane (92) in item number 52 by striking the project ments, paving, lighting and safety upgrades, Creek Boulevard’’ after ‘‘500 West’’; description and inserting ‘‘Pontiac Trail be- and parking improvements’’ and ‘‘$2,000,000’’, (64) in item number 3632 by striking the State, tween E. Liberty and McHattie Street’’; respectively; project description, and amount and inserting (93) in item number 1544 by striking ‘‘con- (41) in item number 2087 by striking the ‘‘FL’’, ‘‘Pine Island Road pedestrian overpass, nector’’; project description and inserting ‘‘Railroad city of Tamarac’’, and ‘‘$610,000’’, respectively; (94) in item number 2573 by striking the crossing improvement on Illinois Route 82 in (65) in item number 3634 by striking the mat- project description and inserting ‘‘Rehabilita- Geneseo’’; ters in the State, project description, and tion of Sugar Hill Road in North Salem, NY’’; (42) in item number 2211 by striking the amount columns and inserting ‘‘FL’’, ‘‘West Av- (95) in item number 1450 by striking ‘‘III–VI’’ project description and inserting ‘‘Construct enue Bridge, city of Miami Beach’’, and and inserting ‘‘III–VII’’; road projects and transportation enhancements ‘‘$620,000’’, respectively; (96) in item number 2637 by striking the as part of or connected to RiverScape Phase III, (66) in item number 3673 by striking the project description and inserting ‘‘Construction, Montgomery County, Ohio’’; project description and inserting ‘‘Improve ma- road and safety improvements in Geauga Coun- (43) in item number 2234 by striking the rine dry-dock and facilities in Ketchikan’’; ty, OH’’; project description and amount and inserting (67) in item number 2942 by striking the (97) in item number 2342 by striking the ‘‘North Atherton Signal Coordination Project in project description and inserting ‘‘Redesigning project description and inserting ‘‘Streetscaping, Centre County’’ and ‘‘$400,000’’, respectively; the intersection of Business U.S. 322/High Street bicycle trails, and related improvements to the (44) in item number 2316 by striking the and Rosedale Avenue and constructing a new I–90/SR–615 interchange and adjacent area and project description and inserting ‘‘Construct a East Campus Drive between High Street (U.S. Heisley Road in Mentor, including acquisition new bridge at Indian Street, Martin County’’; 322) and Matlock Street at West Chester Univer- of necessary right-of-way within the Newell (45) in item number 2420 by striking the sity, West Chester, Pennsylvania’’; Creek development to build future bicycle trails project description and inserting (68) in item number 2781 by striking the and bicycle staging areas that will connect into ‘‘Preconstruction and construction activities of project description and inserting ‘‘Highway and the existing bicycle trail system at I–90/SR–615, U.S. 51 between the Assumption Bypass and road signage, road construction, and other widening the Garfield Road Bridge over I–90 to Vandalia’’; transportation improvement and enhancement provide connectivity to the existing bicycle trail (46) in item number 2482 by striking ‘‘Coun- projects on or near Highway 26, in Riverton and system between the I–90/SR–615 interchange and try’’ and inserting ‘‘County’’; surrounding areas’’; Lakeland Community College, and acquisition (47) in item number 2663 by striking the (69) in item number 2430 by striking ‘‘200 of additional land needed for the preservation of project description and inserting ‘‘Rosemead South Interchange’’ and inserting ‘‘400 South the Lake Metroparks Greenspace Corridor with Boulevard safety enhancement and beautifi- Interchange’’; the Newell Creek development adjacent to the I– cation, Temple City’’; (70) by striking item number 20; 90/SR–615 interchange’’; (48) in item number 2671 by striking ‘‘from 2 to (71) in item number 424 by striking ‘‘$264,000’’ (98) in item number 161 by striking the project 5 lanes and improve alignment within rights-of- and inserting ‘‘$644,000’’; description and inserting ‘‘Construct False Pass way in St. George’’ and inserting ‘‘, St. George’’; (72) in item number 1210 by striking the causeway and road to the terminus of the south (49) in item number 2743 by striking the project description and inserting ‘‘Town of New arm breakwater project’’; project description and inserting ‘‘Improve safe- Windsor—Riley Road, Shore Drive, and area (99) in item number 2002 by striking the ty of culvert replacement on 250th Rd. between road improvements’’; project description and inserting ‘‘Dowling 460th St. and Cty Hwy 20 in Grandview Town- (73) by striking item numbers 68, 905, and 1742; Road extension/reconstruction west from Min- ship, Edgar County’’; (50) by striking item number 2800; (74) in item number 1059 by striking ‘‘$240,000’’ nesota Drive to Old Seward Highway, Anchor- (51) in item number 2826 by striking ‘‘State and inserting ‘‘$420,000’’; age’’; Street and Cajon Boulevard’’ and inserting (75) in item number 2974 by striking ‘‘$120,000’’ (100) in item number 2023 by striking the ‘‘Palm Avenue’’; and inserting ‘‘$220,000’’; project description and inserting ‘‘Biking and (52) in item number 2931 by striking ‘‘Frazho (76) by striking item numbers 841, 960, and pedestrian trail construction, Kentland’’; Road’’ and inserting ‘‘Martin Road’’; 2030; (101) in item number 2035 by striking ‘‘Re- (53) in item number 3047 by inserting ‘‘and (77) in item number 1278 by striking ‘‘$740,000’’ place’’ and inserting ‘‘Repair’’; roadway improvements’’ after ‘‘safety project’’; and inserting ‘‘$989,600’’; (102) in item number 2511 by striking ‘‘Re- (54) in item number 3078 by striking the (78) in item number 207 by striking place’’ and inserting ‘‘Rehabilitate’’; project description and inserting ‘‘U.S. 2/Sultan ‘‘$13,600,000’’ and inserting ‘‘$13,200,000’’; (103) in item number 2981 by striking the Basin Road improvements in Sultan’’; (79) in item number 2656 by striking project description and inserting ‘‘Roadway im- (55) in item number 3174 by striking the ‘‘$12,228,000’’ and inserting ‘‘$8,970,000’’; provements on Highway 262 on the Navajo Na- project description and inserting ‘‘Improving (80) in item number 1983 by striking tion in Aneth’’; Outer Harbor access through planning, design, ‘‘$1,600,000’’ and inserting ‘‘$1,000,000’’; (104) in item number 2068 by inserting ‘‘and construction, and relocations of Southtowns (81) in item number 753 by striking approaches’’ after ‘‘capacity’’; Connector–NY Route 5, Fuhrmann Boulevard, ‘‘$2,700,000’’ and inserting ‘‘$3,200,000’’; (105) in item number 98 by striking the project and a bridge connecting the Outer Harbor to (82) in item number 64 by striking ‘‘$6,560,000’’ description and inserting ‘‘Right-of-way acqui- downtown Buffalo at the Inner Harbor’’; and inserting ‘‘$8,480,000’’; sition and construction for the 77th Street re- (56) in item number 3219 by striking ‘‘Forest’’ (83) in item number 2338 by striking construction project, including the Lyndale Av- and inserting ‘‘Warren’’; ‘‘$1,600,000’’ and inserting ‘‘$1,800,000’’; enue Bridge over I–494, Richfield’’; (57) in item number 3254 by striking the (84) in item number 1533 by striking ‘‘$392,000’’ (106) in item number 1783 by striking the project description and inserting ‘‘Reconstruct and inserting ‘‘$490,000’’; project description and inserting ‘‘Clark Road PA Route 274/34 Corridor, Perry County’’; (85) in item number 1354 by striking ‘‘$40,000’’ access improvements, Jacksonville’’; (58) in item number 3260 by striking ‘‘Lake and inserting ‘‘$50,000’’; (107) in item number 2711 by striking the Shore Drive’’ and inserting ‘‘Lakeshore Drive (86) in item number 3106 by striking ‘‘$400,000’’ project description and inserting ‘‘Main Street and parking facility/entrance improvements and inserting ‘‘$500,000’’; Road Improvements through Springfield, Jack- serving the Museum of Science and Industry’’; (87) in item number 799 by striking sonville’’; (59) in item number 3368 by striking the ‘‘$1,600,000’’ and inserting ‘‘$2,000,000’’; (108) in item number 3485 by striking the project description and inserting ‘‘Plan, design, (88) in item number 159— project description and inserting ‘‘Improve SR and engineering, Ludlam Trail, Miami’’; (A) by striking ‘‘Construct interchange for 105 (Hecksher Drive) from Drummond Point to (60) in item number 3410 by striking the 146th St. and I–69’’ and inserting ‘‘Upgrade August Road, including bridges across the project description and inserting ‘‘Design, pur- 146th St. to I–69 Access’’; and Broward River and Dunns Creek, Jacksonville’’;

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6338 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 (109) in item number 3486 by striking the neering, right-of-way acquisition, and construc- (139) in item number 1328 by striking the project description and inserting ‘‘Construct im- tion of streetscaping enhancements, paving, project description and inserting ‘‘Construct provements to NE 19th Street/NE 19th Terrace lighting, safety improvements, parking, and public access roadways and pedestrian safety from NE 3rd Avenue to NE 8th Avenue, Gaines- roadway redesign on Sampson Street, Dunn Av- improvements in and around Montclair State ville’’; enue, Powell Street, Josephine Street, Pittston University in Clifton’’; (110) in item number 3487 by striking the Avenue, Railroad Street, McClure Avenue, and (140) in item number 2559 by striking the project description and inserting ‘‘Construct im- Baker Street in Old Forge Borough, Lacka- project description and inserting ‘‘Construct provements to NE 25th Street from SR 26 (Uni- wanna County’’; sound walls on Route 164 at and near the versity Blvd.) to NE 8th Avenue, Gainesville’’; (125) in item number 372 by inserting ‘‘, re- Maersk interchange’’; (111) in item number 803 by striking ‘‘St. Clair placement of the Nesbitt Street Bridge, and (141) in item number 1849 by striking the County’’ and inserting ‘‘city of Madison’’; placement of a guard rail adjacent to St. Vladi- project description and inserting ‘‘Highway, (112) in item number 615 by striking the mir’s Cemetery on Mountain Road (S.R. 1007)’’ traffic-flow, pedestrian facility, and streetscape project description and inserting ‘‘Roadway im- after ‘‘roadway redesign’’; improvements, Pittsburgh’’; provements to Jackson Avenue between Jericho (126) in item number 2308 by striking the (142) in item number 697 by striking the Turnpike and Teibrook Avenue’’; project description and inserting ‘‘Design, engi- project description and inserting ‘‘Highway, (113) by striking item number 889; neering, right-of-way acquisition, and construc- traffic-flow, pedestrian facility, and streetscape (114) in item number 324 by striking the tion of streetscaping enhancements, paving, improvements, Pittsburgh’’; project description and inserting ‘‘Alger County, lighting, safety improvements, parking, and (143) in item number 3597 by striking the to reconstruct, pave, and realign a portion of H– roadway redesign, including a project to estab- project description and inserting ‘‘Road Align- 58 from 2,600 feet south of Little Beaver Lake lish emergency access to Catherino Drive from ment from IL Route 159 to Sullivan Drive, Road to 4,600 feet east of Hurricane River’’; South Valley Avenue in Throop Borough, Swansea’’; (115) in item number 301 by striking the Lackawanna County’’; (144) in item number 2352 by striking the project description and inserting ‘‘Improvements (127) in item number 967 by striking the project description and inserting ‘‘Streetscaping for St. Georges Avenue between East Baltimore project description and inserting ‘‘Design, engi- and transportation enhancements on 7th Street Avenue on the southwest and Chandler Avenue neering, right-of-way acquisition, and construc- in Calexico, traffic signalization on Highway 78, on the northeast’’; tion of streetscaping enhancements, paving, construction of the Renewable Energy and (116) in item number 1519 by inserting ‘‘at the lighting, safety improvements, parking, roadway Transportation Learning Center, improve and intersection of Quincy/West Drinker/Electric redesign, and catch basin restoration and re- enlarge parking lot, and create bus stop, Braw- Streets near the Dunmore School complex’’ after placement on Cherry Street, Willow Street, Eno ley’’; ‘‘roadway redesign’’; Street, Flat Road, Krispin Street, Parrish Street, (145) in item number 3482 by striking the (117) in item number 2604 by inserting ‘‘on Carver Street, Church Street, Franklin Street, project description and inserting ‘‘Conduct a Coolidge, Bridge (from Main to Monroe), Skytop Carolina Street, East Main Street, and Rear study to examine multi-modal improvements to (from Gedding to Skytop), Atwell (from Bear Shawnee Avenue in Plymouth Borough, the I–5 corridor between the Main Street Inter- Creek Rd. to Pittston Township), Wood (to Bear Luzerne County’’; change and State Route 54’’; Creek Rd.), Pine, Oak (from Penn Avenue to (128) in item number 989 by inserting ‘‘on Old (146) in item number 1275 by striking the Lackawanna Avenue), McLean, Second, and Ashley Road, Ashley Street, Phillips Street, project description and inserting ‘‘Scoping, per- Lolli Lane’’ after ‘‘roadway redesign’’; First Street, Ferry Road, and Division Street’’ mitting, engineering, construction management, (118) in item number 1157 by inserting ‘‘on after ‘‘roadway redesign’’; and construction of Riverbank Park Bike Trail, Mill Street from Prince Street to Roberts Street, (129) in item number 342 by striking the Kearny’’; John Street from Roberts Street to end, Thomas project description and inserting ‘‘Design, engi- (147) in item number 726 by striking the Street from Roberts Street to end, Williams neering, right-of-way acquisition, and construc- project description and inserting ‘‘Grade Sepa- Street from Roberts Street to end, Charles Street tion of streetscaping enhancements, paving, ration at Vanowen and Clybourn, Burbank’’; from Roberts Street to end, Fair Street from lighting, safety improvements, parking, roadway (148) in item number 1579 by striking the Roberts Street to end, Newport Avenue from redesign, and cross pipe and catch basin res- project description and inserting ‘‘San Gabriel East Kirmar Avenue to end’’ after ‘‘roadway re- toration and replacement on Northgate, Mandy Blvd. rehabilitation project, Mission Road to design’’; Court, Vine Street, and 36th Street in Broadway, San Gabriel’’; (119) in item number 805 by inserting ‘‘on Oak Milnesville West, and on Hillside Drive (includ- (149) in item number 2690 by striking the Street from Stark Street to the township line at ing the widening of the bridge on Hillside project description and inserting ‘‘San Gabriel Mayock Street and on East Mountain Boule- Drive), Club 40 Road, Sunburst and Venisa Blvd. rehabilitation project, Mission Road to vard’’ after ‘‘roadway redesign’’; Drives, and Stockton #7 Road in Hazle Town- Broadway, San Gabriel’’; (120) in item number 2704 by inserting ‘‘on ship, Luzerne County’’; (150) in item number 2811 by striking the West Cemetery Street and Frederick Courts’’ (130) in item number 2332 by striking ‘‘Monroe project description and inserting ‘‘San Gabriel after ‘‘roadway redesign’’; County’’ and inserting ‘‘Carbon, Monroe, Pike, Blvd. rehabilitation project, Mission Road to (121) in item number 4599 by striking the and Wayne Counties’’; Broadway, San Gabriel’’; project description and inserting ‘‘Pedestrian (131) in item number 4914 by striking the (151) in item number 259 by striking the paths, stairs, seating, landscaping, lighting, and project description and inserting ‘‘Roadway im- project description and inserting ‘‘Design and other transportation enhancement activities provements on I–90 loop in Mitchell along construction of the Clair Nelson Intermodal along Riverside Boulevard and at Riverside Haven Street from near Burr Street to near Center in Finland, Lake County’’; Park South’’; Ohlman Street’’; (152) in item number 3456 by striking the (122) in item number 1363 by striking the (132) by striking item number 2723; project description and inserting ‘‘Completion of project description and inserting ‘‘Design, engi- (133) in item number 61 by striking the matters Phase II/Part I of a project on Elizabeth Avenue neering, right-of-way acquisition, and construc- in the State, project description, and amount in Coleraine to west of Itasca County State Aid tion of streetscaping enhancements, paving, columns and inserting ‘‘AL’’, ‘‘Grade crossing Highway 15 in Itasca County’’; lighting, safety improvements, handicap access improvements along Wiregrass Central RR at (153) in item number 2329 by striking the ramps, parking, and roadway redesign on Boll Weevil Bypass in Enterprise, AL’’, and project description and inserting ‘‘Upgrade Bilbow Street from Church Street to Pugh ‘‘$250,000’’, respectively; streets, undertake streetscaping, and implement Street, on Pugh Street from Swallow Street to (134) in item number 314 by striking the traffic and pedestrian safety signalization im- Main Street, Jones Lane from Main Street to project description and amount and inserting provements and highway-rail crossing safety im- Hoblak Street, Cherry Street from Green Street ‘‘Streetscape enhancements to the transit and provements, Oak Lawn’’; to Church Street, Main Street from Jackson pedestrian corridor, Fort Lauderdale, Down- (154) in item number 766 by striking the Street to end, Short Street from Cherry Street to town Development Authority’’ and ‘‘$610,000’’, project description and inserting ‘‘Design and Main Street, and Hillside Avenue in respectively; construction of the walking path at Ellis Pond, Edwardsville Borough, Luzerne County’’; (135) in item number 1639 by striking the Norwood’’; (123) in item number 883 by striking the project description and inserting ‘‘Operational (155) in item number 3474 by striking the project description and inserting ‘‘Design, engi- and highway safety improvements on Hwy 94 project description and inserting ‘‘Yellow River neering, right-of-way acquisition, and construc- between the 20 mile marker post in Jamul and Trail, Newton County’’; tion of streetscaping enhancements, paving, Hwy 188 in Tecate’’; (156) in item number 3291 by striking the lighting, parking, roadway redesign, and safety (136) in item number 2860 by striking the amount and inserting ‘‘$200,000’’; improvements (including curbing, stop signs, project description and inserting ‘‘Roadway im- (157) in item number 3635 by striking the mat- crosswalks, and pedestrian sidewalks) at and provements from Halchita to Mexican Hat on ters in the State, project description, and around the 3-way intersection involving Susque- the Navajo Nation’’; amount columns and inserting ‘‘GA’’, ‘‘Access hanna Avenue, Erie Street, and Second Street in (137) in item number 2549 by striking ‘‘on Road in Montezuma’’, and ‘‘$200,000’’, respec- West Pittston, Luzerne County’’; Navy Pier’’; tively; (124) in item number 625 by striking the (138) in item number 2804 by striking ‘‘on (158) in item number 716 by striking the project description and inserting ‘‘Design, engi- Navy Pier’’; project description and inserting ‘‘Conduct a

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6339 project study report for new Highway 99 Inter- streets due to the steep grade of terrain in Bronx struct 2 flyover ramps and S. Linden Street exit change between SR 165 and Bradbury Road, County’’ and ‘‘$1,100,000’’, respectively; for access to industrial sites in the cities of and safety improvements/realignment of SR 165, (172) by striking item number 203; McKeesport and Duquesne’’, and ‘‘$500,000’’, re- serving Turlock/Hilmar region’’; (173) by striking item number 552; spectively; (159) in item number 1386 by striking the (174) by striking item number 590; (197) in item number 1015 by striking the project description and amount and inserting (175) by striking item number 759; project description and inserting ‘‘Mississippi ‘‘Pedestrian and bicycle facilities, and street (176) by striking item number 879; River Crossing connecting I–94 and US 10 be- lighting in Haddon Heights’’ and ‘‘$300,000’’, re- (177) by striking item number 1071; tween US 160 and TH 101, MN’’; spectively; (178) by striking item number 1382; (198) in item number 1101 by striking the (160) in item number 2720 by striking the (179) by striking item number 1897; project description and inserting ‘‘I–285 under- project description and amount and inserting (180) by striking item number 2553; pass/tunnel assessment and engineering and ‘‘Pedestrian and bicycle facilities and street (181) in item number 3014 by striking the interchange improvements in Sandy Springs’’; lighting in Barrington and streetscape improve- project description and amount and inserting (199) in item number 1211 by striking the mat- ments to Clements Bridge Road from the circle ‘‘Design and Construct school safety projects in ters in the State, project description, and at the White Horse Pike to NJ Turnpike over- New York City’’ and ‘‘$2,500,000’’, respectively; amount columns and inserting ‘‘PA’’, ‘‘Road im- pass in Barrington’’ and ‘‘$700,000’’, respec- (182) in item number 2375 by striking the provements and upgrades related to the Penn- tively; project description and amount and inserting sylvania State Baseball Stadium’’, and (161) in item number 2523 by striking the ‘‘Subsurface environmental study to measure ‘‘$500,000’’, respectively; project description and inserting ‘‘Penobscot presence of methane and benzene gasses in vi- (200) in item number 1345 by striking ‘‘to Riverfront Development for bicycle trails, amen- cinity of Greenpoint, Brooklyn, and the Kos- Stony Creek Park, 25 Mile Road in Shelby ities, traffic circulation improvements, and wa- ciusko Bridge, resulting from the Newtown Township’’ and inserting ‘‘south to the city of terfront access or stabilization, Bangor and Creek oil spill’’ and ‘‘$100,000’’; Utica’’; Brewer’’; (183) in item number 221 by striking the (201) in item number 1501 by striking the (162) in item number 545 by striking the project description and inserting ‘‘Study and project description and inserting ‘‘Construction project description and inserting ‘‘Planning, de- Implement transportation improvements on and right-of-way acquisition of TH 241, CSAH sign, and construction of improvements to the Flatbush Ave. between Avenue U and the Ma- 35 and associated streets in the city of St. Mi- highway systems connecting to Lewistown and rine Park Bridge in front of Gateway National chael’’; (202) in item number 1525 by striking ‘‘north of Auburn downtowns’’; Park in Kings County, New York’’; CSX RR Bridge’’ and inserting ‘‘US Highway (163) by striking item number 2168; (184) in item number 2732 striking the project 90’’; (164) by striking item number 170; description and inserting ‘‘Pedestrian safety im- (203) in item number 1847 by striking the (165) in item number 2366 by striking the provements in the vicinity of LIRR stations’’; project description and inserting ‘‘Improve project description and inserting ‘‘Design, engi- (185) by striking item number 99; roads, sidewalks, and road drainage, City of neering, right-of-way acquisition, and paving of (186) in item number 398 by striking the Seward’’; the parking lot at the Casey Plaza in Wilkes- project description and inserting ‘‘Construct a (204) in item number 2031 by striking the Barre Township’’; new 2-lane road extending north from Univer- project description and inserting ‘‘Construct (166) in item number 826 by striking ‘‘and sity Park Drive and improvements to University and improve Westside Parkway in Fulton Coun- Interstate 81’’ and inserting ‘‘and exit 168 on Park Drive’’; ty’’; Interstate 81 or the intersection of the connector (187) in item number 446 by striking the (205) in item number 2103 by striking road with Northampton St.’’; project description and inserting ‘‘Transpor- ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’; (167) in item number 2144 by striking the tation improvements for development of the Wil- (206) in item number 2219 by striking ‘‘SR 91 project description and inserting ‘‘Design, engi- liamsport-Pile Bay Road corridor’’; in City of Twinsburg, OH’’ and inserting ‘‘Cen- neering, right-of-way acquisition and construc- (188) in item number 671 by striking ‘‘and Pe- ter Valley Parkway in Twinsburg, OH’’; tion of streetscaping enhancements, paving, destrian Trail Expansion’’ and inserting ‘‘, in- (207) in item number 2302 by inserting ‘‘and lighting, safety improvements, parking, and cluding parking facilities and Pedestrian Trail other road improvements to Safford Street’’ after roadway redesign on Third Street from Pittston Expansion’’; ‘‘crossings’’; Avenue to Packer Street; Swift Street from (189) in item number 674 by striking the mat- (208) in item number 2560 by striking the Packer Street to Railroad Street; Clark Street ters in the State, project description, and project description and inserting ‘‘I–285 under- from Main Street to South Street; School Street amount columns and inserting ‘‘AL’’, ‘‘Grade pass/tunnel assessment and engineering and from Main Street to South Street; Plane Street crossing improvements along Conecuh Valley interchange improvements in Sandy Springs’’; from Grove Street to William Street; John Street RR at Henderson Highway (CR–21) in Troy, (209) in item number 2563 by striking the from 4 John Street to William Street; Grove AL’’, and ‘‘$300,000’’, respectively; project description and amount and inserting Street from Plane Street to Duryea Borough (190) in item number 739 by striking the mat- ‘‘Construct hike and bike path as part of line; Wood Street from Cherry Street to Haw- ters in the State, project description, and Bridgeview Bridge replacement in Macomb thorne Street in Avoca Borough, Luzerne Coun- amount columns and inserting ‘‘AL’’, ‘‘Grade County’’ and ‘‘$486,400’’, respectively; ty’’; crossing improvements along Luxapalila Valley (210) in item number 2698 by striking the (168) in item number 1765 by striking the RR in Lamar and Fayette Counties, AL (Cross- project description and inserting ‘‘Interchanges project description and amount and inserting ings at CR–6, CR–20, SH–7, James Street, and at I–95/Ellis Road and between Grant Road and ‘‘Design, engineering, right-of-way acquisition, College Drive)’’, and ‘‘$300,000’’, respectively; Micco Road, Brevard County’’; and construction of street improvements, (191) in item number 746 by striking ‘‘Plan- (211) in item number 3141 by striking streetscaping enhancements, paving, lighting, ning and construction of a bicycle trail adjacent ‘‘$2,800,000’’ and inserting ‘‘$1,800,000’’; safety improvements, parking, roadway redesign to the I–90 and SR 615 Interchange in’’ and in- (212) by striking item number 3160; (213) in item number 3353 by inserting ‘‘and in Pittston, including right-of-way acquisition, serting ‘‘Planning, construction, and extension construction’’ after ‘‘mitigation’’; structure demolition, and intersection safety im- of bicycle trails adjacent to the I–90 and SR 615 (214) in item number 996 by striking provements in the vicinity of and including Interchange, along the Greenway Corridor and ‘‘$2,000,000’’ and inserting ‘‘$687,000’’; Main, William, and Parsonage Streets in throughout’’; (215) in item number 2166 by striking the Pittston’’ and ‘‘$1,600,000’’, respectively; (192) in item number 749 by striking the mat- project description and inserting ‘‘Design, right- (169) in item number 2957 by striking the ters in the State, project description, and of-way acquisition, and construction for I–35 project description and amount and inserting amount columns and inserting ‘‘PA’’, ‘‘UPMC and CSAH2 interchange and CSAH2 corridor to ‘‘Design, engineering, land acquisition, right-of- Heliport in Bedford’’, and ‘‘$750,000’’, respec- TH61 in Forest Lake’’; way acquisition, and construction of a parking tively; (216) in item number 3251 by striking the garage, streetscaping enhancements, paving, (193) in item number 813 by striking the project description and inserting ‘‘I–94 and lighting, safety improvements, parking, and project description and inserting ‘‘Preliminary Radio Drive Interchange and frontage road roadway redesign in the city of Wilkes-Barre’’ design and study of long-term roadway ap- project, design, right-of-way acquisition, and and ‘‘$2,800,000’’, respectively; proach alternatives to TH 36/SH 64 St. Croix construction, Woodbury’’; (170) in item number 3283 by striking the River Crossing Project’’; (217) in item number 1488 by striking the project description and amount and inserting (194) in item number 816 by striking ‘‘$800,000’’ project description and inserting ‘‘Construct a 4- ‘‘Pedestrian access improvements, including in- and inserting ‘‘$880,000’’; lane highway between Maverick Junction and stallation of infrastructure and equipment for (195) in item number 852 by striking ‘‘Acquire the Nebraska border’’; security and surveillance purposes at subway Right-of-Way for Ludlam Trail, Miami, Flor- (218) in item number 3240 by striking the stations in Astoria, New York’’ and ida’’ and inserting ‘‘Planning, design, and engi- project description and inserting ‘‘Railroad- ‘‘$1,300,000’’, respectively; neering, Ludlam Trail, Miami’’; highway crossings in Pierre’’; (171) in item number 3556 by striking the (196) in item number 994 by striking the mat- (219) in item number 1738 by striking ‘‘Pav- project description and amount and inserting ters in the State, project description, and ing’’ and inserting ‘‘Planning, design, and con- ‘‘Design and rehabilitate staircases used as amount columns and inserting ‘‘PA’’, ‘‘Con- struction’’;

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6340 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 (220) in item number 3672 by striking the (238) in item number 3699 by striking ‘‘to im- the Museum of Science and Industry’’ after project description and inserting ‘‘Pave remain- prove fish habitat’’; ‘‘Lakeshore Drive’’; ing stretch of BIA Route 4 from the junction of (239) in item number 3700 by inserting ‘‘and (264) in item number 4103 by inserting ‘‘and the BIA Route 4 and N8031 in Pinon, AZ, to the ferry facilities’’ after ‘‘a ferry’’; adjacent to the’’ before ‘‘Shawnee’’; Navajo and Hopi border’’; (240) in item number 3703 by inserting ‘‘or (265) in item number 4110 by striking the (221) in item number 2424 by striking ‘‘Con- other roads’’ after ‘‘Cape Blossom Road’’; project description and inserting ‘‘For improve- struction’’ and inserting ‘‘preconstruction (in- (241) in item number 3704 by striking ‘‘Fair- ments to the road between Brighton and Bunker cluding survey and archeological clearances) banks’’ and inserting ‘‘Alaska Highway’’; Hill in Macoupin County’’; and construction’’; (242) in item number 3705 by striking ‘‘in Cook (266) in item number 4120 by striking the mat- (222) in item number 1216 by striking the mat- Inlet for the Westside development/Williamsport- ters in the project description and amount col- ters in the State, project description, and Pile Bay Road’’ and inserting ‘‘for development umns and inserting ‘‘Upgrade 146th Street to amount columns and inserting ‘‘PA’’, ‘‘For of the Williamsport-Pile Bay Road corridor’’; Improve I–69 Access’’ and ‘‘$800,000’’, respec- roadway construction improvements to Route (243) in item number 3829 by striking the tively; 222 relocation, Lehigh County’’, and amount and inserting ‘‘$3,050,000’’; (267) in item number 4125 by striking (244) by inserting after item number 3829 the ‘‘$1,313,000’’, respectively; ‘‘$250,000’’ and inserting ‘‘$1,650,000’’; following: (223) in item number 2956 by striking (268) by striking item number 4170; ‘‘$1,360,000’’ and inserting ‘‘$2,080,000’’; (269) by striking item number 4179; (224) in item number 1256 by striking the mat- ‘‘3829A CO U.S. 550, New $950,000’’; (270) in item number 4185 by striking the ters in the State, project description, and Mexico State project description and inserting ‘‘Replace the amount columns and inserting ‘‘PA’’, ‘‘Con- line to Durango Clinton Street Bridge spanning St. Mary’s River struction of a bridge over Brandywine Creek as (245) in item number 4788 by striking the in downtown Fort Wayne’’; part of the Boot Road extension project, project description and inserting ‘‘Heidelberg (271) in item number 4299 by striking the Downingtown Borough’’, and ‘‘$700,000’’, re- Borough/Scott Township/Carnegie Borough for project description and inserting ‘‘Improve U.S. spectively; design, engineering, acquisition, and construc- 40, MD 715 interchange and other roadways in (225) in item number 1291 by striking the mat- tion of streetscaping enhancements, paving, the vicinity of Aberdeen Proving Ground to sup- ters in the State, project description, and lighting and safety upgrades, and parking im- port BRAC-related growth’’; amount columns and inserting ‘‘PA’’, ‘‘Enhance provements’’; (272) in item number 4313 by striking ‘‘Mary- parking facilities in Chester Springs, Historic (246) in item number 3861 by striking the land Avenue’’ and all that follows through ‘‘Rd. Yellow Springs’’, and ‘‘$20,000’’, respectively; project description and inserting ‘‘Creation of a corridor’’ and inserting ‘‘intermodal access, (226) in item number 1304 by striking the mat- greenway path along the Naugatuck River in streetscape, and pedestrian safety improve- ters in the State, project description, and Waterbury’’; ments’’; amount columns and inserting ‘‘PA’’, ‘‘Improve (247) in item number 3883 by striking the (273) in item number 4315 by striking the intersection at SR 100/SR 4003 (Kernsville project description and inserting ‘‘Wilmington ‘‘stormwater mitigation project’’ and inserting Road), Lehigh County’’, and ‘‘$250,000’’, respec- Riverfront Access and Street Grid Redesign’’; ‘‘environmental preservation project’’; tively; (248) in item number 3892 by striking (274) in item number 4318 by striking the (227) in item number 1357 by striking the mat- ‘‘$5,000,000’’ and inserting ‘‘$8,800,000’’; project description and inserting ‘‘Planning, de- ters in the State, project description, and (249) in item number 3894 by striking sign, and construction of improvements to the amount columns and inserting ‘‘PA’’, ‘‘Intersec- ‘‘$5,000,000’’ and inserting ‘‘$1,200,000’’; highway systems connecting to Lewiston and tion signalization at SR 3020 (Newburg Road)/ (250) in item number 3909 by striking the Auburn downtowns’’; Country Club Road, Northampton County’’, and project description and inserting ‘‘S.R. 281, the (275) in item number 4323 by striking the ‘‘$250,000’’, respectively; Avalon Boulevard Expansion Project from project description and inserting ‘‘MaineDOT (228) in item number 1395 by striking the mat- Interstate 10 to U.S. Highway 91’’; Acadia intermodal passenger and maintenance ters in the State, project description, and (251) in item number 3911 by striking the facility’’; amount columns and inserting ‘‘PA’’, ‘‘Improve project description and inserting ‘‘Construct a (276) in item number 4338 by striking the the intersection at SR 100/SR 29, Lehigh Coun- new bridge at Indian Street, Martin County’’; project description and inserting ‘‘Construct 1 or ty’’, and ‘‘$220,000’’, respectively; (252) in item number 3916 by striking the more grade-separated crossings of I–75, and (229) in item number 80 by striking project description and inserting ‘‘City of Holly- ‘‘$4,544,000’’ and inserting ‘‘$4,731,200’’; make associated improvements to improve local wood for U.S. 1/Federal Highway, north of and regional east-west mobility between Mile- (230) in item number 2096 by striking Young Circle’’; ‘‘$4,800,000’’ and inserting ‘‘$5,217,600’’; posts 279 and 282’’; (253) in item number 3937 by striking the (277) in item number 4355 by striking the (231) in item number 1496 by striking the mat- project description and inserting ‘‘Kingsland by- ters in the State, project description, and project description and inserting ‘‘Design, engi- pass from CR 61 to I–95, Camden County’’; neering, ROW acquisition, construction, and amount columns and inserting ‘‘PA’’, ‘‘Study (254) in item number 3945 by striking ‘‘CR 293 construction engineering for the reconstruction future needs of East-West road infrastructure in to CS 5231’’ and inserting ‘‘SR 371 to SR 400’’; of TH 95, from 12th Avenue to CSAH 13, includ- Adams County’’, and ‘‘$115,200’’, respectively; (255) in item number 3965 by striking ‘‘trans- ing bridge and approaches, ramps, intersecting (232) in item number 2193 by striking the portation projects’’ and inserting ‘‘and air qual- roadways, signals, turn lanes, and multiuse project description and inserting ‘‘710 Freeway ity projects’’; Study to comprehensively evaluate the technical (256) in item number 3986 by striking the trail, North Branch’’; feasibility of a tunnel alternative to close the project description and inserting ‘‘Extension of (278) in item number 4357 by striking the 710 Freeway gap, considering all practicable Sugarloaf Parkway, Gwinnett County’’; project description and inserting ‘‘Design, con- routes, in addition to any potential route pre- (257) in item number 3999 by striking struct, ROW, and expand TH 241 and CSAH 35 viously considered, and with no funds to be ‘‘Bridges’’ and inserting ‘‘Bridge and Corridor’’; and associated streets in the city of St. Mi- used for preliminary engineering or environ- (258) in item number 4003 by striking the chael’’; mental review except to the extent necessary to project description and inserting ‘‘City of Coun- (279) in item number 4360 by striking the determine feasibility’’; cil Bluffs and Pottawattamie County East Belt- project description and inserting ‘‘Planning, de- (233) in item number 2445 by striking the way Roadway and Connectors Project’’; sign, and construction for Twin Cities Bio- project description and inserting ‘‘$600,000 for (259) in item number 4043 by striking ‘‘MP 9.3, science Corridor in St. Paul’’; road and pedestrian safety improvements on Segment I, II, and III’’ and inserting ‘‘Milepost (280) in item number 4362 by striking the Main Street in the Village of Patchogue; 24.3’’; project description and inserting ‘‘I–494/U.S. 169 $900,000 for road and pedestrian safety improve- (260) in item number 4050 by striking the interchange reconstruction including U.S. 169/ ments on Montauk Highway, between NYS project description and inserting Valley View Road interchange, Twin Cities Met- Route 112 and Suffolk County Road 101 in Suf- ‘‘Preconstruction and construction activities of ropolitan Area’’; folk County’’; U.S. 51 between the Assumption Bypass and (281) in item number 4365 by striking the (234) in item number 346 by striking the Vandalia’’; project description and inserting ‘‘34th Street re- project description and inserting ‘‘Hansen Dam (261) in item number 4058 by striking the alignment and 34th Street and I–94 interchange, Recreation Area access improvements, including project description and inserting ‘‘For improve- including retention and reconstruction of the SE hillside stabilization and parking lot rehabilita- ments to the road between Brighton and Bunker Main Avenue/CSAH 52 interchange ramps at I– tion along Osborne Street between Glenoaks Hill in Macoupin County’’; 94, and other transportation improvements for Boulevard and Dronfield Avenue’’; (262) in each of item numbers 4062 and 4084 by the city of Moorhead, including the SE Main (235) by striking item number 449; striking the project description and inserting Avenue GSI and Moorhead Comprehensive Rail (236) in item number 3688 by striking ‘‘road’’ ‘‘Preconstruction, construction, and related re- Safety Program’’; and inserting ‘‘trail’’; search and studies of I–290 Cap the Ike project (282) in item number 4369 by striking the (237) in item number 3695 by striking ‘‘in in the village of Oak Park’’; project description and inserting ‘‘Construction Soldotna’’ and inserting ‘‘in the Kenai River (263) in item number 4089 by inserting ‘‘and of 8th Street North, Stearns C.R. 120 to TH 15 in corridor’’; parking facility/entrance improvements serving St. Cloud’’;

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6341 (283) in item number 4371 by striking the lane highway between maverick Junction and (331) in item number 3188 insert after ‘‘Recon- project description and inserting ‘‘Construction the Nebraska border’’; struction’’ the following: ‘‘including U.S. 169/ and ROW of TH 241, CSAH 35 and associated (306) in item number 4916 by striking Valley View Road Interchange,’’; streets in the city of St. Michael’’; ‘‘$1,000,000’’ and inserting ‘‘$328,000’’; (332) in item number 1772 by striking the (284) in item number 4411 by striking (307) in item number 4924 by striking project description and inserting ‘‘Reconstruc- ‘‘Southaven’’ and inserting ‘‘DeSoto County’’; ‘‘$3,450,000’’ and inserting ‘‘$4,122,000’’; tion of Historic Eastern Parkway’’; (285) in item number 4424 by striking the (308) in item number 4960 by inserting ‘‘of (333) in item number 2610 by striking the project description and inserting ‘‘U.S. 93 Evaro which $50,000 shall be used for a street paving project description and inserting ‘‘Reconstruc- to Polson transportation improvement projects’’; project, Calhoun’’ after ‘‘County’’; tion of Times and Duffy Squares in New York (286) in item number 4428 by striking the (309) in item number 4974 by striking ‘‘, Sevier City’’; project description and inserting ‘‘US 76 im- County’’; (334) in item number 2462— provements’’; (310) in item number 5008 by inserting ‘‘/Kane (A) by striking ‘‘of the New Jersey Turnpike, (287) in item number 4457 by striking the Creek Boulevard’’ after ‘‘500 West’’; Carteret’’ and inserting ‘‘and the Tremley Point project description and inserting ‘‘Construct an (311) in each of item numbers 5011 and 5033 by Connector Road of the New Jersey Turnpike’’; interchange at an existing grade separation at striking ‘‘200 South Interchange’’ and inserting and SR 1602 (Old Stantonsburg Rd.) and U.S. 264 ‘‘400 South Interchange’’; (B) by striking ‘‘$1,200,000’’ and inserting Bypass in Wilson County’’; (312) in item number 5021 by striking ‘‘Pine ‘‘$450,000’’; (288) in item number 4461 by striking the View Dam,’’; (335) in item number 2871 by striking the project description and inserting ‘‘Transpor- (313) in item number 5026 by striking the amount and inserting ‘‘$2,430,000’’; tation and related improvements at Queens Uni- project description and inserting ‘‘Roadway im- (336) in item number 3381 by striking the versity of Charlotte, including the Queens provements on Washington Fields Road/300 project description and inserting ‘‘Determine Science Center and the Marion Diehl Center, East, Washington’’; scope, design, engineering, and construction of Charlotte’’; (314) in item number 5027 by inserting ‘‘and Western Boulevard Extension from Northern (289) in item number 4507 by striking the roadway improvements’’ after ‘‘safety project’’; Boulevard to Route 9 in Ocean County, New project description and inserting ‘‘Design, right- (315) in item number 5028 by inserting ‘‘and Jersey’’; of-way acquisition, and construction of High- roadway improvements’’ after ‘‘lighting’’; (337) in item number 2703 by striking the way 35 between Norfolk and South Sioux City, (316) in item number 5029 by inserting ‘‘and project description and inserting ‘‘Upgrading including an interchange at milepost 1 on U.S. roadway improvements’’ after ‘‘lights’’; existing railroad crossings with installation of I–129’’; (317) in number 5032 by striking the project active signals and gates and to study the feasi- (290) in item number 4555 by inserting ‘‘Canal description and inserting ‘‘Expand Redhills bility and necessity of rail grade separation’’; Street and’’ after ‘‘Reconstruction of’’; Parkway, St. George’’; (338) in item number 1004 by inserting ‘‘SR 71 (291) in item number 4565 by striking the (318) in item number 5132 by striking the near’’ after ‘‘turn lane on’’; (339) in item number 2824 by striking the project description and inserting ‘‘Railroad Con- project description and inserting ‘‘St. Croix project description and inserting the following: struction and Acquisition, Ely and White Pine River crossing project, Wisconsin State Highway ‘‘Sevier County, TN, SR 35 near SR 449 intersec- County’’; 64, St. Croix County, Wisconsin, to Minnesota tion’’; (292) in item number 4588 by inserting ‘‘Pri- State Highway 36, Washington County’’; (340) in item number 373 by striking the vate Parking and’’ before ‘‘Transportation’’; (319) in item number 5161 by striking the project description and inserting ‘‘Widening ex- (293) in item number 4596 by striking the project description and inserting ‘‘Raleigh Street isting Highway 226, including a bypass of Cash project description and inserting ‘‘Centerway Extension Project in Martinsburg’’; and a new connection to Highway 49’’; Bridge and Bike Trail Project, Corning’’; (320) in item number 1824 by striking the (341) in item number 1486, by striking the (294) in item number 4610 by striking the project description and inserting ‘‘U.S. Route 10 project description and inserting ‘‘Bridge recon- project description and inserting ‘‘Preparation, expansion in Wadena and Ottertail Counties’’; struction and road widening on Route 252 and demolition, disposal, and site restoration of (321) in item number 1194 by striking the Route 30 in Tredyffrin Township, PA, in con- Alert Facility on Access Road to Plattsburgh project description and inserting ‘‘Roadway and junction with the Paoli Transportation Center International Airport’’; pedestrian design and improvements for Penn- Project’’; (295) in item number 4649 by striking the sylvania Avenue, Brooklyn’’; project description and inserting ‘‘Fairfield (342) in item number 4541 by striking ‘‘of the (322) in item number 2286 by striking the New Jersey Turnpike, Carteret’’ and inserting County, OH U.S. 33 and old U.S. 33 safety im- project description and inserting ‘‘Road im- provements and related construction, city of ‘‘and the Tremley Point Connector Road of the provements for Church Street between NY State New Jersey Turnpike’’; Lancaster and surrounding areas’’; Route 25A and Hilden Street in Kings Park’’; (296) in item number 4651 by striking ‘‘for the (343) in item number 4006 by striking the (323) in item number 1724 by striking the project description and inserting ‘‘Improvement transfer of rail to truck for the intermodal’’ and project description and amount and inserting inserting ‘‘, and construction of an intermodal to Alice’s Road/105th Street Corridor including ‘‘For road resurfacing and upgrades to Old bridge, interchange, roadway, right-of-way, and freight’’; Nichols Road and road repairs in the (297) in item number 4691 by striking the enhancements’’; Nissequogue River watershed in Smithtown’’ (344) in item number 2901 by striking the project description and inserting ‘‘Transpor- and ‘‘$1,500,000’’, respectively; tation improvements to Idabel Industrial Park project description and inserting ‘‘Purchase of (324) in item number 3636 by striking the mat- land and conservation easements within U.S. 24 Rail Spur, Idabel’’; ters in the State, project description, and (298) in item number 4722 by striking the study area in Lucas, Henry, and Fulton Coun- amount columns and inserting ‘‘NY’’, ‘‘Road re- project description and inserting ‘‘Highway, ties, Ohio’’; pair and maintenance in the Town of South- traffic, pedestrian, and riverfront improvements, (345) in item number 2619 by striking the ampton’’, and ‘‘$500,000’’, respectively; Pittsburgh’’; project description and inserting ‘‘Improve ac- (325) in item number 3638 by striking the mat- (299) in item number 4749 by striking ‘‘study’’ cess to I–55 between Bayless Avenue and ters in the State, project description, and and inserting ‘‘improvements’’; Loughborough Avenue, including bridge amount columns and inserting ‘‘NY’’, ‘‘Improve (300) in item number 4821 by striking ‘‘high- 230.06’’; NY State Route 112 from Old Town Road to NY way grade crossing project, Clearfield and Clin- (346) in item number 1687 by striking the State Route 347’’, and ‘‘$6,000,000’’, respectively; ton Counties’’ and inserting ‘‘Project for high- project description and inserting ‘‘Construct an (326) in item number 3479 by striking the way grade crossings and other purposes relating interchange at I–675 and Warren Avenue near project description and inserting ‘‘Road im- to the Project in Cambria, Centre, Clearfield, downtown Saginaw’’; provements and utility relocations within the Clinton, Indiana, and Jefferson Counties’’; (347) by striking item number 206; city of Jackson’’; (301) in item number 4838 by striking ‘‘study’’ (348) by striking item number 821; (327) in item number 141 by striking ‘‘con- and inserting ‘‘improvements’’; (349) by striking item number 906; struction of pedestrian and bicycle improve- (302) in item number 4839 by striking ‘‘fuel- (350) by striking item number 1144; ments’’ and inserting ‘‘transportation enhance- celled’’ and inserting ‘‘fueled’’; (351) in item number 1693 by striking the (303) in item number 4866 by striking ment activities’’; project description and amount and inserting ‘‘$11,000,000’’ and inserting ‘‘$9,400,000’’; (328) in item number 1204 by striking ‘‘at SR ‘‘Plan and implement truck route improvements (304) by inserting after item number 4866 the 283’’; in the Maspeth neighborhood of Queens Coun- following: (329) in item number 2896 by striking the ty’’ and ‘‘$500,000’’, respectively; project description and inserting ‘‘Improve (352) in item number 3039 by striking the streetscape and signage and pave roads in project description and inserting ‘‘Pittsfield ‘‘4866A RI Repair and restore $1,600,000’’; McMinn County, including $50,000 that may be greenways construction to connect Pittsfield to railroad bridge used for paving local roads in the city of Cal- the Ann Arbor greenway system, Pittsfield in Westerly houn’’; Township’’; (305) in item number 4892 by striking the (330) in item number 3017 by striking ‘‘, Pine (353) in item number 2922 by striking the project description and inserting ‘‘Construct a 4- View Dam’’; project description and amount and inserting

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6342 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 ‘‘Detroit River International Wildlife Refuge for Ski Development Road in Matanuska-Susitna that is reduced, by this section shall be made land acquisition adjacent to I–75 in Monroe Borough’’; available— County for wetland mitigation and habitat res- (370) in item number 1661 by striking the (1) for an item in section 1702 of that Act that toration, Fish and Wildlife Service’’ and project description and inserting ‘‘Hatcher Pass is added or increased by this section and that is ‘‘$1,800,000’’, respectively; Ski Development Road in Matanuska-Susitna in the same State as the item for which obliga- (354) in item number 3641 by striking the mat- Borough’’; tion authority or funding is repealed or reduced; ters in the State, project description, and (371) in item number 1574 by striking the (2) in an amount proportional to the amount amount columns and inserting ‘‘MI’’, ‘‘River project description and inserting ‘‘Construct of obligation authority or funding that is so re- Raisin Battlefield for acquisition of historic bat- commuter parking structure in the central busi- pealed or reduced; and tlefield land in Monroe County, Port of Mon- ness district in the vicinity of La Grange Road, (3) individually for projects numbered 1 roe’’, and ‘‘$1,200,000’’; respectively; and for projects identified by the Village of La through 3676 pursuant to section 1102(c)(4)(A) of (355) in item number 3643 by striking the mat- Grange as its highest priorities’’; that Act (119 Stat. 1158). ters in the State, project description, and (372) in item number 3461 by striking the (c) TRANSFER OF PROJECT FUNDS.—The Sec- amount columns and inserting ‘‘MI’’, ‘‘Phase 1 project description and inserting ‘‘Construct retary of Transportation shall transfer to the of Monroe County greenway system construc- Leon Pass overpass, and for projects identified Commandant of the Coast Guard amounts made tion, Monroe County’’, and ‘‘$940,000’’, respec- by the Village of Hodgkins as its highest prior- available to carry out the project described in tively; ities’’; item number 4985 of the table contained in sec- (356) in item number 3645 by striking the mat- (373) in item numbers 1310 and 2265 by striking tion 1702 of the Safe, Accountable, Flexible, Ef- ters in the State, project description, and the project descriptions and inserting ‘‘To con- ficient Transportation Equity Act: A Legacy for amount columns and inserting ‘‘MI’’, ‘‘East struct up to 2 interchanges on U.S. Alternate Users (119 Stat. 1447) to carry out that project, County fueling operations consolidation at the Highway 72/Alabama Highway 20 from Inter- in accordance with the Act of June 21, 1940, Monroe County Road Commission and enhance- state 65 to U.S. Highway 31 in Decatur, Ala- commonly known as the ‘‘Truman-Hobbs Act’’, ment of facilities to accommodate biodiesel fuel bama, with additional lanes as necessary’’; (33 U.S.C. 511 et seq.). pumps, Monroe County’’, and ‘‘$1,000,000’’, re- (374) in item number 4934 by striking ‘‘connec- spectively; tion with Hermitage Avenue’’ and inserting (d) ADDITIONAL DISCRETIONARY USE OF SUR- (357) in item number 3646 by striking the mat- ‘‘Hermitage Avenue and pedestrian connec- FACE TRANSPORTATION PROGRAM FUNDS.—Of ters in the State, project description, and tion’’; the funds apportioned to each State under sec- amount columns and inserting ‘‘MI’’, ‘‘Green- (375) in item number 1227 by striking the tion 104(b)(3) of title 23, United States Code, a way trail construction from City of Monroe to project description and inserting ‘‘Construct State may expend for each of fiscal years 2008 Sterling State Park, City of Monroe’’, and road improvements near industrial park near SR and 2009 not more than $1,000,000 for the fol- ‘‘$100,000’’; respectively; 209 and CR 345 that improve access to the indus- lowing activities: (358) in item number 1883 by striking the trial park’’; (1) Participation in the Joint Operation Cen- project description and inserting ‘‘Planning for (376) in item number 2507 by striking the ter for Fuel Compliance established under sec- the Orangeline High Speed MAGLEV from Los project description and inserting ‘‘Texas Depart- tion 143(b)(4)(H) of title 23, United States Code, Angeles County to Orange County’’; ment of Transportation: for those projects the within the Department of the Treasury, includ- (359) in item number 3757 by inserting ‘‘, in- Department has identified as its highest prior- ing the funding of additional positions for motor cluding Van Asche Drive’’ after ‘‘Corridor’’; ities’’; fuel tax enforcement officers and other staff (360) in item number 4347 by striking the (377) in item number 3903 by striking the dedicated on a full-time basis to participation in project description and inserting ‘‘Alger County, project description and inserting ‘‘Planning, de- the activities of the Center. to reconstruct, pave, and realign a portion of H– sign, and engineering study to widen (4 lanes) (2) Development, operation, and maintenance 58 from 2,600 feet south of Little Beaver Lake SR 87 from the intersection of US 90 and SR 87 of electronic filing systems to coordinate data Road to 4,600 feet east of Hurricane River’’; South to the Alabama State line’’; exchange with the Internal Revenue Service by (361) in item number 4335 by striking the (378) in item number 56 by striking the project States that impose a tax on the removal of tax- project description and inserting ‘‘Construct an description and inserting ‘‘Bicycle and pedes- able fuel from any refinery and on the removal interchange at I–675 and Warren Avenue near trian improvements, Oregon’’; of taxable fuel from any terminal. downtown Saginaw’’; (379) in item number 604 by striking the (3) Development, operation, and maintenance (362) in item number 4891 by striking the amount and inserting ‘‘$11,800,000’’; of electronic single point of filing in conjunction project description and inserting ‘‘Widening (380) in item number 1299 by striking the with the Internal Revenue Service by States U.S. 17 in Charleston County from the Isle of amount and inserting ‘‘$9,800,000’’; that impose a tax on the removal of taxable fuel Palms Connector to a point at or near Darrell (381) in item number 1506 by striking the from any refinery and on the removal of taxable Creek Trail’’; amount and inserting ‘‘$5,100,000’’; fuel from any terminal. (363) in item number 3647 by striking the mat- (382) in item number 1904 by striking the (4) Development, operation, and maintenance ters in the State, project description, and project description and inserting ‘‘Study and of a certification system by a State of any fuel amount columns and inserting ‘‘AL’’, ‘‘Drain- construct access to intermodal facility in sold to a State or local government (as defined age and infrastructure improvements on U.S. 11 Azusa’’; in section 4221(d)(4) of the Internal Revenue in front of Springville Middle School in Spring- (383) in item number 3653 by striking the mat- Code of 1986) for the exclusive use of the State ville’’, and ‘‘$1,000,000’’, respectively; ters in the State, project description, and or local government or sold to a qualified volun- (364) in item number 3648 by striking the mat- amount columns and inserting ‘‘MI’’, ‘‘Bicycle teer fire department (as defined in section ters in the State, project description, and and pedestrian trails in Harrison Township’’, 150(e)(2) of such Code) for its exclusive use. amount columns and inserting ‘‘AL’’, ‘‘Trans- and ‘‘$2,900,000’’, respectively; (5) Development, operation, and maintenance portation enhancement projects for sidewalks (384) in item number 3447 by striking the of a certification system by a State of any fuel and streetscaping along Cahaba Road between project description and inserting ‘‘Carlton, 4th sold to a nonprofit educational organization (as the Botanical Gardens and the Birmingham Zoo Street Railroad Crossing Improvement Project: defined in section 4221(d)(5) of such Code) that in the City of Birmingham’’, and ‘‘$1,075,000’’, Construct a safe, at grade crossing of the rail- includes verification of the good standing of the respectively; road and necessary bridge, connecting the com- organization in the State in which the organiza- (365) in item number 3651 by striking the mat- munity’s educational and athletic facilities’’; tion is providing educational services. ters in the State, project description, and (385) in item number 2321 by striking the (e) PROJECT FEDERAL SHARE.—Section 1964 of amount columns and inserting ‘‘AL’’, ‘‘Engi- project description and inserting ‘‘Design and the Safe, Accountable, Flexible, Efficient Trans- neering and right-of-way acquisition for the construct roadway and traffic signal improve- portation Equity: A Legacy for Users (119 Stat. McWrights Ferry Road extension between Rice ments on Stella Street and Front Street, 1519) is amended by adding at the end the fol- Mine Road and New Watermelon Road in Tus- Wormleysburg, PA’’; and lowing: caloosa County’’, and ‘‘$1,075,000’’, respectively; (386) in item number 370 by striking the (366) in item number 562 by striking ‘‘a des- project description and inserting ‘‘Pedestrian ‘‘(c) SPECIAL RULE.—Notwithstanding any ignated truck route through’’ and inserting paths, stairs, seating, landscaping, lighting, and other provision of law, the Federal share of the ‘‘roadway and sidewalk improvements in’’; other transportation enhancement activities cost of the projects described in item numbers (367) in item number 2836 by striking the along Riverside Boulevard and at Riverside 1284 and 3093 in the table contained in section project description and inserting ‘‘Traffic Park South’’. 1702 of this Act shall be 100 percent.’’. calming and safety improvements to Lido Boule- (b) UNUSED OBLIGATION AUTHORITY.—Not- SEC. 106. NONMOTORIZED TRANSPORTATION vard, Town of Hampstead, Nassau County’’; withstanding any other provision of law, un- PILOT PROGRAM. (368) in item number 1353 by striking the used obligation authority made available for an Section 1807(a)(3) of the Safe, Accountable, project description and inserting ‘‘Improve the item in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A flow of truck traffic in Orrville’’; Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1460) is amended by (369) in item number 1975 by striking the Legacy for Users (119 Stat. 1256) that is re- striking ‘‘Minneapolis-St. Paul, Minnesota’’ project description and inserting ‘‘Hatcher Pass pealed, or authorized funding for such an item and inserting ‘‘Minneapolis, Minnesota’’.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.000 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6343 SEC. 107. CORRECTION OF INTERSTATE AND NA- the vicinity of Aberdeen Proving Ground to sup- Equity Act: A Legacy for Users (119 Stat. 1779) TIONAL HIGHWAY SYSTEM DESIGNA- port BRAC-related growth’’; is amended— TIONS. (17) in item number 198 by striking the project (A) in subsection (a)(1) by striking ‘‘509, and (a) TREATMENT.—Section 1908(a) of the Safe, description and inserting ‘‘Construct 1 or more 510’’ and inserting ‘‘and 509’’; Accountable, Flexible, Efficient Transportation grade separated crossings of I–75 and make as- (B) in subsection (a)(4) by striking Equity Act: A Legacy for Users (119 Stat. 1469) sociated improvements to improve local and re- ‘‘$69,700,000’’ and all that follows through is amended by striking paragraph (3). gional east-west mobility between Mileposts 279 ‘‘2009’’ and inserting ‘‘$40,400,000 for fiscal year (b) NATIONAL HIGHWAY SYSTEM.—Section and 282’’; 2005, $69,700,000 for fiscal year 2006, $76,400,000 1908(b) of the Safe, Accountable, Flexible, Effi- (18) in item number 201 by striking the project for each of fiscal years 2007 and 2008, and cient Transportation Equity Act: A Legacy for description and inserting ‘‘Alger County, to re- $78,900,000 for fiscal year 2009’’; and Users (119 Stat. 1470) is amended by striking construct, pave, and realign a portion of H–58 (C) in subsection (b) by inserting after ‘‘50 ‘‘from the Arkansas State line’’ and inserting from 2,600 feet south of Little Beaver Lake Road percent’’ the following ‘‘or, in the case of funds ‘‘from Interstate Route 540’’. to 4,600 feet east of Hurricane River’’; appropriated by subsection (a) to carry out sec- SEC. 108. BUDGET JUSTIFICATION; BUY AMERICA. (19) in item number 238 by striking the project tion 5201, 5202, or 5203 of this Act, 80 percent’’. (a) BUDGET JUSTIFICATION.—Section 1926 of description and inserting ‘‘Develop and con- (2) FUTURE STRATEGIC HIGHWAY RESEARCH the Safe, Accountable, Flexible, Efficient Trans- struct the St. Mary water project road and PROGRAM.—Section 5210 of such Act (119 Stat. portation Equity Act: A Legacy for Users (119 bridge infrastructure, including a new bridge 1804) is amended— Stat. 1483) is amended by striking ‘‘The Depart- and approaches across St. Mary River, stabiliza- (A) by striking subsection (c); and ment’’ and inserting ‘‘Notwithstanding any tion and improvements to United States Route (B) by redesignating subsection (d) as sub- other provision of law, the Department’’. 89, and road/canal from Siphon Bridge to Spider section (c). (b) BUY AMERICA.—Section 1928 of the Safe, Lake, on the condition that $2,500,000 of the (c) CONTRACT AUTHORITY.—Funds made Accountable, Flexible, Efficient Transportation amount made available to carry out this item available under this section shall be available Equity Act: A Legacy for Users (119 Stat. 1484) may be made available to the Bureau of Rec- for obligation in the same manner as if the is amended— lamation for use for the Swift Current Creek funds were apportioned under chapter 1 of title (1) by redesignating paragraphs (2) through and Boulder Creek bank and bed stabilization 23, United States Code, except that the Federal (5) as paragraphs (3) through (6), respectively; project in the Lower St. Mary Lake drainage’’; share shall be determined under section 510(f) of and (20) in item number 329 by inserting ‘‘, Tulsa’’ that title. (2) by inserting after paragraph (1) the fol- after ‘‘technology’’; (d) APPLICABILITY OF OBLIGATION LIMITA- lowing: (21) in item number 358 by striking ‘‘fuel- TION.—Funds made available under this section ‘‘(2) the current application by the Federal celled’’ and inserting ‘‘fueled’’; shall be subject to any limitation on obligations Highway Administration of the Buy America (22) in item number 374 by striking the project for Federal-aid highways and highway safety test, that is only applied to components or parts description and inserting ‘‘Construct a 4-lane construction programs under section 1102 the of a bridge project and not the entire bridge highway between Maverick Junction and the Safe, Accountable, Flexible, Efficient Transpor- project, is inconsistent with this sense of Con- Nebraska border’’; tation Equity Act: A Legacy for Users (23 U.S.C. gress;’’. (23) in item number 402 by striking ‘‘from 2 to 104 note; 119 Stat. 1157) or any other Act. 5 lanes and improve alignment within rights-of- (e) EQUITY BONUS FORMULA.—Notwith- SEC. 109. TRANSPORTATION IMPROVEMENTS. way in St. George’’ and inserting ‘‘, St. George’’; standing any other provision of law, in allo- The table contained in section 1934(c) of the (24) in item number 309 by striking the project cating funds for the equity bonus program Safe, Accountable, Flexible, Efficient Transpor- description and inserting ‘‘Streetscape, road- under section 105 of title 23, United States Code, tation Equity Act: A Legacy for Users (119 Stat. way, pedestrian, and parking improvements at for each of fiscal years 2008 and 2009, the Sec- 1486) is amended— the intersection of Meadow Lane, Chestnut retary of Transportation shall make the re- (1) in item number 436 by inserting ‘‘, Saole,’’ Lane, Willow Drive, and Liberty Avenue for the quired calculations under that section as if this after ‘‘Sua’’; College of New Rochelle campus in New Ro- section had not been enacted. (2) in item number 448 by inserting ‘‘by remov- chelle’’; and (f) FUNDING FOR RESEARCH ACTIVITIES.—Of ing asphalt and concrete and reinstalling blue (25) in item number 462 by striking the project the amount made available by section 5101(a)(1) cobblestones’’ after ‘‘streets’’; description and inserting ‘‘I–75 widening and of the Safe, Accountable, Flexible, Efficient (3) by striking item number 451; improvements in Collier and Lee Counties, Flor- Transportation Equity Act: A Legacy for Users (4) in item number 452 by striking ‘‘$2,000,000’’ ida’’. (119 Stat. 1779)— and inserting ‘‘$3,000,000’’; SEC. 110. I–95/CONTEE ROAD INTERCHANGE DE- (1) at least $1,000,000 shall be made available (5) in item number 12 by striking ‘‘Yukon SIGN. for each of fiscal years 2008 and 2009 to carry River’’ and inserting ‘‘Kuskokwim River’’; Section 1961 of the Safe, Accountable, Flexi- out section 502(h) of title 23, United States Code; (6) in item number 18 by striking ‘‘Engineering ble, Efficient Transportation Equity Act: A Leg- and and Construction in Merced County’’ and in- acy for Users (119 Stat. 1518) is amended— (2) at least $4,900,000 shall be made available serting ‘‘and safety improvements/realignment of (1) in the section heading by striking ‘‘study’’ for each of fiscal years 2008 and 2009 to carry SR 165 project study report and environmental and inserting ‘‘design’’; out section 502(i) of that title. studies in Merced and Stanislaus Counties’’; (2) by striking subsections (a), (b), and (c) and (g) TECHNICAL AMENDMENTS.— (7) in item number 38 by striking the project inserting the following: (1) SURFACE TRANSPORTATION RESEARCH.—Sec- description and inserting ‘‘Relocation of the ‘‘(a) DESIGN.—The Secretary shall make avail- tion 502 of title 23, United States Code, is Newark Train Station’’; able the funds authorized to be appropriated by amended by striking the first subsection (h), re- (8) in item number 57 by striking the project this section for the design of the I–95/Contee lating to infrastructure investment needs reports description and inserting ‘‘Kingsland bypass Road interchange in Prince George’s County, beginning with the report for January 31, 1999. from CR 61 to I–95, Camden County’’; Maryland.’’; and (2) ADVANCED TRAVEL FORECASTING PROCE- (9) in item number 114 by striking ‘‘IA–32’’ (3) by redesignating subsection (d) as sub- DURES PROGRAM.—Section 5512(a)(2) of the Safe, and inserting ‘‘SW’’ after ‘‘Construct’’; section (b). Accountable, Flexible, Efficient Transportation (10) in item number 122 by striking the project SEC. 111. HIGHWAY RESEARCH FUNDING. Equity Act: A Legacy for Users (119 Stat. 1829) description and inserting ‘‘Design, right-of-way (a) F–SHRP FUNDING.—Notwithstanding any is amended by striking ‘‘PROGRAM APPRECIA- acquisition, and construction of the SW Arterial other provision of law, for each of fiscal years TION.—’’ and inserting ‘‘PROGRAM APPLICA- and connections to U.S. 20, Dubuque County’’; 2008 and 2009, at any time at which an appor- TION.—’’. (11) in item number 130 by striking the project tionment is made of the sums authorized to be (3) UNIVERSITY TRANSPORTATION RESEARCH.— description and inserting ‘‘Improvements and appropriated for the surface transportation pro- Section 5506 of title 49, United States Code, is rehabilitation to rail and bridges on the gram, the congestion mitigation and air quality amended— Appanoose County Community Railroad’’; improvement program, the National Highway (A) in subsection (c)(2)(B) by striking ‘‘tier’’ (12) in item number 133 by striking ‘‘IA–32’’; System, the Interstate maintenance program, and inserting ‘‘Tier’’; (13) in item number 138 by striking the project the bridge program, or the highway safety im- (B) in subsection (i)— description and inserting ‘‘West Spencer Belt- provement program, the Secretary of Transpor- (i) by striking ‘‘In order to’’ and inserting the way Project’’; tation shall— following: (14) in item number 142 by striking ‘‘MP 9.3, (1) deduct from each apportionment an ‘‘(1) IN GENERAL.—In order to’’; and Segment I, II, and III’’ and inserting ‘‘Milepost amount not to exceed 0.205 percent of the appor- (ii) by adding at the end the following: 24.3’’; tionment; and ‘‘(2) SPECIAL RULE.—Nothing in paragraph (1) (15) in item number 161 by striking ‘‘Bridge re- (2) transfer or otherwise make that amount requires a nonprofit institution of higher learn- placement on Johnson Drive and Nall Ave.’’ and available to carry out section 510 of title 23, ing designated as a Tier II university transpor- inserting ‘‘Construction improvements’’; United States Code. tation center to maintain total expenditures as (16) in item number 182 by striking the project (b) CONFORMING AMENDMENTS.— described in paragraph (1) in excess of the description and inserting ‘‘Improve U.S. 40, (1) FUNDING.—Section 5101 of the Safe, Ac- amount of the grant awarded to the institu- M.D. 715 interchange, and other roadways in countable, Flexible, Efficient Transportation tion.’’; and

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(C) in subsection (k)(3) by striking ‘‘The Sec- (1) IN GENERAL.—If the Secretary of Transpor- Legacy for Users (119 Stat. 1510) is amended by retary’’ and all that follows through ‘‘to carry tation makes a finding under section 313(b) of inserting ‘‘the project numbered 1322 and’’ be- out this section’’ and inserting ‘‘For each of fis- title 23, United States Code, with respect to a fore ‘‘the projects’’. cal years 2008 and 2009, the Secretary shall ex- project, the Secretary shall— SEC. 121. EFFECTIVE DATE. pend not more than 1.5 percent of amounts made (A) publish in the Federal Register, before the (a) IN GENERAL.—Except as otherwise pro- available to carry out this section’’. date on which such finding takes effect, a de- vided in this Act (including subsection (b)), this SEC. 112. RESCISSION. tailed written justification as to the reasons that Act and the amendments made by this Act take Section 10212 of the Safe, Accountable, Flexi- such finding is needed; and effect on the date of enactment of this Act. (B) provide notice of such finding and an op- ble, Efficient Transportation Equity Act: A Leg- (b) EXCEPTION.— acy for Users (as amended by section 1302 of the portunity for public comment on such finding (1) IN GENERAL.—The amendments made by Pension Protection Act of 2006 (Public Law 109– for a period of not to exceed 60 days. this Act (other than the amendments made by (2) LIMITATION ON STATUTORY CONSTRUC- 280)) (119 Stat. 1937; 120 Stat. 780) is amended by sections 101(g), 101(m)(1)(H), 103, 105, 109, and TION.—Nothing in paragraph (1) shall be con- striking ‘‘$8,593,000,000’’ each place it appears 201(o)) to the Safe, Accountable, Flexible, Effi- strued to require the effective date of a finding and inserting ‘‘$8,708,000,000’’. cient Transportation Equity Act: A Legacy for referred to in paragraph (1) to be delayed until SEC. 113. TEA–21 TECHNICAL CORRECTIONS. Users (Public Law 109–59; 119 Stat. 1144) shall— after the close of the public comment period re- (a) SURFACE TRANSPORTATION PROGRAM.— (A) take effect as of the date of enactment of ferred to in paragraph (1)(B). Section 1108(f)(1) of the Transportation Equity that Act; and (b) ANNUAL REPORTS.—Not later than Feb- Act for the 21st Century (23 U.S.C. 133 note; 112 ruary 1 of each year beginning after the date of (B) be treated as being included in that Act as Stat. 141) is amended by striking ‘‘2003’’ and in- enactment of this Act, the Secretary shall sub- of that date. serting ‘‘2009’’. mit to the Committee on Transportation and In- (2) EFFECT OF AMENDMENTS.—Each provision (b) PROJECT AUTHORIZATIONS.—The table con- frastructure of the House of Representatives and of the Safe, Accountable, Flexible, Efficient tained in section 1602 of such Act (112 Stat. 257) Transportation Equity Act: A Legacy for Users is amended— the Committee on Environment and Public Works of the Senate a report on the projects for (Public Law 109–59; 119 Stat. 1144) (including (1) in item number 1096 (as amended by sec- the amendments made by that Act) (as in effect tion 1703(a)(11) of the Safe, Accountable, Flexi- which the Secretary made findings under sec- tion 313(b) of title 23, United States Code, dur- on the day before the date of enactment of this ble, Efficient Transportation Equity Act: A Leg- Act) that is amended by this Act (other than acy for Users (119 Stat. 1454)) by inserting ‘‘, ing the preceding calendar year and the jus- tifications for such findings. sections 101(g), 101(m)(1)(H), 103, 105, 109, and and planning and construction to Heisley 201(o)) shall be treated as not being enacted. SEC. 118. EFFICIENT USE OF EXISTING HIGHWAY Road,’’ before ‘‘in Mentor, Ohio’’; (c) CONFORMING AMENDMENT TO HIGHWAY (2) in item number 1646 by striking ‘‘and con- CAPACITY. TRUST FUND.—Subsections (c)(1) and (e)(3) of struction’’ and inserting ‘‘construction, recon- (a) STUDY.—The Secretary of Transportation shall conduct a study on the impacts of con- section 9503 of the Internal Revenue Code of struction, resurfacing, restoration, rehabilita- 1986 are each amended by striking ‘‘Safe, Ac- tion, and repaving’’; and verting left and right highway safety shoulders countable, Flexible, Efficient Transportation (3) in item number 614 by inserting ‘‘and for to travel lanes. Equity Act: A Legacy for Users’’ and inserting NJ Carteret, NJ Ferry Service Terminal’’ after (b) CONTENTS.—In conducting the study, the ‘‘east’’. Secretary shall— ‘‘SAFETEA–LU Technical Corrections Act of (1) analyze instances in which safety shoul- 2008’’. SEC. 114. HIGH PRIORITY CORRIDOR AND INNO- VATIVE PROJECT TECHNICAL COR- ders are used for general purpose vehicle traffic, TITLE II—TRANSIT PROVISIONS high occupancy vehicles, and public transpor- RECTIONS. SEC. 201. TRANSIT TECHNICAL CORRECTIONS. (a) HIGH PRIORITY CORRIDORS.—Section tation vehicles; (2) analyze instances in which safety shoul- (a) SECTION 5302.—Section 5302(a)(10) of title 1105(c) of the Intermodal Surface Transpor- 49, United States Code, is amended by striking tation Efficiency Act of 1991 (105 Stat. 2032; 119 ders are not part of the roadway design; (3) evaluate whether or not conversion of safe- ‘‘charter,’’ and inserting ‘‘charter, sight- Stat. 1212) is amended— seeing,’’. (1) in paragraph (63) by striking ‘‘and United ty shoulders or the lack of a safety shoulder in the original roadway design has a significant (b) SECTION 5303.— States Routes 1, 3, 9, 17, and 46,’’ and inserting (1) Section 5303(f)(3)(C)(ii) of such title is ‘‘United States Routes 1, 9, and 46, and State impact on the number of accidents or has any other impact on highway safety; and amended by striking subclause (II) and inserting Routes 3 and 17,’’; and the following: (2) in paragraph (64)— (4) compile relevant statistics. (A) by striking ‘‘United States Route 42’’ and (c) REPORT.—Not later than one year after the ‘‘(II) FUNDING.—For fiscal year 2008 and each inserting ‘‘State Route 42’’; and date of enactment of this Act, the Secretary fiscal year thereafter, in addition to other funds (B) by striking ‘‘Interstate Route 676’’ and in- shall transmit to Congress a report on the re- made available to the metropolitan planning or- serting ‘‘Interstate Routes 76 and 676’’. sults of the study. ganization for the Lake Tahoe region under this (b) INNOVATIVE PROJECTS.—Item number 89 of SEC. 119. FUTURE INTERSTATE DESIGNATION. chapter and title 23, prior to any allocation the table contained in section 1107(b) of the (a) IN GENERAL.—Subject to subsection (b), under section 202 of title 23, and notwith- Intermodal Surface Transportation Efficiency the Secretary of Transportation shall designate, standing the allocation provisions of section 202, Act of 1991 (105 Stat. 2052) is amended in the as a future Interstate Route 69 Spur, the Audu- the Secretary shall set aside 1⁄2 of 1 percent of all matter under the column with the heading ‘‘IN- bon Parkway and, as a future Interstate Route funds authorized to be appropriated for such NOVATIVE PROJECTS’’ by inserting ‘‘and contig- 66 Spur, the Natcher Parkway in Owensboro, fiscal year to carry out section 204 of title 23, uous counties’’ after ‘‘Michigan’’. Kentucky. Any segment of such routes shall be- and shall make such funds available to the met- SEC. 115. DEFINITION OF REPEAT INTOXICATED come part of the Interstate System (as defined in ropolitan planning organization for the Lake DRIVER LAW. section 101 of title 23, United States Code) at Tahoe region to carry out the transportation Section 164(a)(5) of title 23, United States such time as the Secretary determines that the planning process, environmental reviews, pre- Code, is amended by striking subparagraphs (A) segment— liminary engineering, and design to complete en- and (B) and inserting the following: (1) meets the Interstate System design stand- vironmental documentation for transportation ‘‘(A) receive— ards approved by the Secretary under section projects for the Lake Tahoe region under the ‘‘(i) a driver’s license suspension for not less 109(b) of title 23, United States Code; and Tahoe Regional Planning Compact as consented than 1 year; or (2) connects to an existing Interstate System to in Public Law 96–551 (94 Stat. 3233) and this ‘‘(ii) a combination of suspension of all driv- segment. paragraph.’’. ing privileges for the first 45 days of the suspen- (b) SIGNS.—Section 103(c)(4)(B)(iv) of title 23, (2) Section 5303(j)(3)(D) of such title is amend- sion period followed by a reinstatement of lim- United States Code, shall apply to the designa- ed— ited driving privileges for the purpose of getting tions under subsection (a); except that a State (A) by inserting ‘‘or the identified phase’’ be- to and from work, school, or an alcohol treat- may install signs on the 2 parkways that are to fore ‘‘within the time’’; and ment program if an ignition interlock device is be designated under subsection (a) indicating (B) by inserting ‘‘or the identified phase’’ be- installed on each of the motor vehicles owned or the approximate location of each of the future fore the period at the end. operated, or both, by the individual; Interstate System highways. (3) Section 5303(k)(2) of such title is amended ‘‘(B) be subject to the impoundment or immo- (c) REMOVAL OF DESIGNATION.—The Secretary by striking ‘‘a metropolitan planning area serv- bilization of, or the installation of an ignition shall remove designation of a highway referred ing’’. interlock system on, each motor vehicle owned to in subsection (a) as a future Interstate Sys- (c) SECTION 5307.—Section 5307(b) of such title or operated, or both, by the individual;’’. tem route if the Secretary, as of the last day of is amended— SEC. 116. RESEARCH TECHNICAL CORRECTION. the 25-year period beginning on the date of en- (1) in the heading for paragraph (2) by strik- Section 5506(e)(5)(C) of title 49, United States actment of this Act, has not made the deter- ing ‘‘2007’’ and inserting ‘‘2009’’; Code, is amended by striking ‘‘$2,225,000’’and minations under paragraphs (1) and (2) of sub- (2) in paragraph (2)(A)— inserting ‘‘$2,250,000’’. section (a) with respect to such highway. (A) by striking ‘‘2007’’ and inserting ‘‘2009’’; SEC. 117. BUY AMERICA WAIVER NOTIFICATION SEC. 120. PROJECT FLEXIBILITY. and AND ANNUAL REPORTS. Section 1935(b)(1) of the Safe, Accountable, (B) by striking ‘‘mass’’ and inserting ‘‘pub- (a) WAIVER NOTIFICATION.— Flexible, Efficient Transportation Equity Act: A lic’’;

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(3) by adding at the end of paragraph (2) the (7) by inserting before subsection (b) (as so re- (E) SACRAMENTO.—Section 3043(c)(204) of such following: designated) the following: Act (119 Stat. 647) is amended by striking ‘‘(E) MAXIMUM AMOUNTS IN FISCAL YEARS 2008 ‘‘(a) PROGRAM NAME.—The program author- ‘‘Downtown’’. AND 2009.—In fiscal years 2008 and 2009— ized by this section shall be known as the Paul (F) BOSTON.—Section 3043(d)(6) of such Act ‘‘(i) amounts made available to any urbanized S. Sarbanes Transit in Parks Program.’’. (119 Stat. 1649) is amended to read as follows: area under clause (i) or (ii) of subparagraph (A) (j) SECTION 5323.—Section 5323(n) of such title ‘‘(6) Boston-Silver Line Phase III, shall be not more than 50 percent of the amount is amended by striking ‘‘section 5336(e)(2)’’ and $20,000,000.’’. apportioned in fiscal year 2002 to the urbanized inserting ‘‘section 5336(d)(2)’’. (G) PROJECT CONSTRUCTION GRANTS.—Section area with a population of less than 200,000, as (k) SECTION 5325.—Section 5325(b) of such title 3043(e) of such Act (119 Stat. 1651) is amended determined in the 1990 decennial census of pop- is amended— by adding at the end the following: ulation; (1) in paragraph (1) by inserting before the pe- ‘‘(4) PROJECT CONSTRUCTION GRANTS.—Projects ‘‘(ii) amounts made available to any urban- riod at the end ‘‘adopted before August 10, recommended by the Secretary for a project con- ized area under subparagraph (A)(iii) shall be 2005’’; struction grant agreement under section 5309(e) not more than 50 percent of the amount appor- (2) by striking paragraph (2); and of title 49, United States Code, or for funding tioned to the urbanized area under this section (3) by redesignating paragraph (3) as para- under section 5309(m)(2)(A)(i) of such title dur- for fiscal year 2003; and graph (2). ing fiscal year 2008 and fiscal year 2009 are au- ‘‘(iii) each portion of any area not designated (l) SECTION 5336.— thorized for preliminary engineering, final de- as an urbanized area, as determined by the 1990 (1) APPORTIONMENTS OF FORMULA GRANTS.— sign, and construction for fiscal years 2007 decennial census, and eligible to receive funds Section 5336 of such title is amended— through 2009 upon the completion of the notifi- under subparagraph (A)(iv), shall receive an (A) in subsection (a) by striking ‘‘Of the cation process for each such project under sec- amount of funds to carry out this section that is amount’’ and all that follows before paragraph tion 5309(g)(5).’’. not less than 50 percent of the amount the por- (1) and inserting ‘‘Of the amount apportioned (H) LOS ANGELES AND SAN GABRIEL VALLEY.— tion of the area received under section 5311 in under subsection (i)(2) to carry out section Section 3043 of such Act (119 Stat. 1640) is fiscal year 2002.’’; and 5307—’’; amended by adding at the end the following: (4) in paragraph (3) by striking ‘‘section (B) in subsection (d)(1) by striking ‘‘sub- ‘‘(k) LOS ANGELES EXTENSION.—In evaluating 5305(a)’’ and inserting ‘‘section 5303(k)’’. sections (a) and (h)(2) of section 5338’’ and in- the local share of the project authorized by sub- (d) SECTION 5309.—Section 5309 of such title is serting ‘‘subsections (a)(1)(C)(vi) and (b)(2)(B) section (c)(104A) in the new starts rating proc- amended— of section 5338’’; and ess, the Secretary shall give consideration to (1) in subsection (d)(5)(B) by striking ‘‘regula- (C) by redesignating subsection (c), as added project elements of the project authorized by tion.’’ and inserting ‘‘this subsection and shall by section 3034(c) of the Safe, Accountable, subsection (b)(13) advanced with 100 percent give comparable, but not necessarily equal, nu- Flexible, Efficient Transportation Equity Act: A non-Federal funds. merical weight to each project justification cri- Legacy for Users (119 Stat. 1628), as subsection ‘‘(l) SAN GABRIEL VALLEY––GOLD LINE FOOT- teria in calculating the overall project rating.’’; (k). HILL EXTENSION PHASE II.—In evaluating the (2) in subsection (e)(6)(B) by striking ‘‘sub- (2) TECHNICAL AMENDMENTS.—Section local share of the San Gabriel Valley––Gold Line section.’’ and inserting ‘‘subsection and shall 3034(d)(2) of the Safe, Accountable, Flexible, Ef- Foothill Extension Phase II project authorized give comparable, but not necessarily equal, nu- ficient Transportation Equity Act: A Legacy for by subsection (b)(33) in the new starts rating merical weight to each project justification cri- Users (119 Stat. 1629), is amended by striking process, the Secretary shall give consideration to teria in calculating the overall project rating.’’; ‘‘paragraph (2)’’ and inserting ‘‘subsection project elements of the San Gabriel Valley––Gold (3) in the heading for paragraph (2)(A) of sub- (a)(2)’’. Line Foothill Extension Phase I project ad- section (m) by striking ‘‘MAJOR CAPITAL’’ and (m) SECTION 5337.—Section 5337(a) of title 49, vanced with 100 percent non-Federal funds.’’. inserting ‘‘CAPITAL’’; and United States Code, is amended by striking ‘‘for (5) SECTION 3044.— (4) in subsection (m)(7)(B) by striking ‘‘section each of fiscal years 1998 through 2003’’ and in- (A) PROJECTS.—The table contained in section 3039’’ and inserting ‘‘section 3045’’. serting ‘‘for each of fiscal years 2005 through 3044(a) of such Act (119 Stat. 1652) is amended— (e) SECTION 5311.—Section 5311 of such title is 2009’’. (i) in item 25— amended— (n) SECTION 5338.—Section 5338(d)(1)(B) of (1) in subsection (g)(1)(A) by striking ‘‘for any (I) by striking ‘‘$217,360’’ and inserting such title is amended by striking ‘‘section purpose other than operating assistance’’ and ‘‘$167,360’’; and 5315(a)(16)’’ and inserting ‘‘section (II) by striking ‘‘$225,720’’ and inserting inserting ‘‘for a capital project or project admin- 5315(b)(2)(P)’’. ‘‘$175,720’’; istrative expenses’’; (o) SAFETEA–LU.— (2) in subsections (g)(1)(A) and (g)(1)(B) by (ii) in item number 36 by striking the project (1) SECTION 3011.—Section 3011(f) of the Safe, striking ‘‘capital’’ after ‘‘net’’; and description and inserting ‘‘Los Angeles County (3) in subsection (i)(1) by striking ‘‘Sections Accountable, Flexible, Efficient Transportation Metropolitan Transportation Authority 5323(a)(1)(D) and 5333(b) of this title apply’’ and Equity Act: A Legacy for Users (119 Stat. 1589) (LACMTA) for bus and bus-related facilities in inserting ‘‘Section 5333(b) applies’’. is amended by adding to the end the following: the LACMTA’s service area’’; ‘‘(5) Central Florida Commuter Rail Transit (f) SECTION 5312.—The heading for section (iii) in item number 71 by inserting ‘‘Metro- 5312(c) of such title is amended by striking Project.’’. politan Bus Authority’’ after ‘‘Puerto Rico’’; (2) SECTION 3037.—Section 3037(c) of such Act ‘‘MASS TRANSPORTATION’’ and inserting ‘‘PUB- (iv) in item number 84 by striking the project (119 Stat. 1636) is amended— LIC TRANSPORTATION’’. description and inserting ‘‘Improvements to the (A) in paragraph (3) by striking ‘‘Phase II’’; (g) SECTION 5314.—Section 5314(a)(3) is existing Sacramento Intermodal Facility (Sac- amended by striking ‘‘section 5323(a)(1)(D)’’ and and ramento Valley Station)’’; inserting ‘‘section 5333(b)’’. (B) by striking paragraph (10). (v) in item number 94 by striking the project ECTION 3040 (h) SECTION 5319.—Section 5319 of such title is (3) S .—Section 3040(4) of such Act description and inserting ‘‘Pacific Transit, WA amended by striking ‘‘section 5307(k)’’ and in- (119 Stat. 1639) is amended by striking Vehicle Replacement’’; serting ‘‘section 5307(d)(1)(K)’’. ‘‘$7,871,895,000’’ and inserting ‘‘$7,872,893,000’’. (vi) in item number 120 by striking ‘‘Dayton (i) SECTION 5320.—Section 5320 of such title is (4) SECTION 3043.— Airport Intermodal Rail Feasibility Study’’ and amended— (A) PORTLAND, OREGON.—Section 3043(b)(27) inserting ‘‘Greater Dayton Regional Transit Au- (1) in subsection (a)(1)(A) by striking ‘‘intra— of such Act (119 Stat. 1642) is amended by insert- thority buses and bus facilities’’; agency’’ and inserting ‘‘intraagency’’; ing ‘‘/Milwaukie’’ after ‘‘Mall’’. (vii) in item number 152 by inserting ‘‘Metro- (2) in subsection (b)(5)(A) by striking (B) LOS ANGELES.— politan Bus Authority’’ after ‘‘Puerto Rico’’; ‘‘5302(a)(1)(A)’’ and inserting ‘‘5302(a)(1)’’; (i) PHASE 1.—Section 3043(b)(13) of such Act (viii) in item number 416 by striking ‘‘Improve (3) in subsection (d)(1) by inserting ‘‘to admin- (119 Stat. 1642) is amended to read as follows: marine intermodal’’ and inserting ‘‘Improve ma- ister this section and’’ after ‘‘5338(b)(2)(J)’’; ‘‘(13) Los Angeles—Exposition LRT (Phase rine dry-dock and’’; (4) by adding at the end of subsection (d) the 1).’’. (ix) in item number 457— following: (ii) PHASE 2.—Section 3043(c) of such Act (119 (I) by striking ‘‘$65,000’’ and inserting ‘‘$0’’; ‘‘(4) TRANSFERS TO LAND MANAGEMENT AGEN- Stat. 1645) is amended by inserting after para- and CIES.—The Secretary may transfer amounts graph (104) the following: (II) by striking ‘‘$67,500’’ and inserting ‘‘$0’’; available under paragraph (1) to the appro- ‘‘(104A) Los Angeles—Exposition LRT (Phase and priate Federal land management agency to pay 2).’’. (x) in item number 458— necessary costs of the agency for such activities (C) SAN DIEGO.—Section 3043(c)(105) of such (I) by striking ‘‘$65,000’’ and inserting described in paragraph (1) in connection with Act (119 Stat. 1645) is amended by striking ‘‘$130,000’’; activities being carried out under this section.’’; ‘‘LOSSAN Del Mar-San Diego—Rail Corridor (II) by striking ‘‘$67,500’’ and inserting (5) in subsection (k)(3) by striking ‘‘subsection Improvements’’ and inserting ‘‘LOSSAN Rail ‘‘$135,000’’; and (d)(1)’’ and inserting ‘‘subsection (e)(1)’’; Corridor Improvements’’. (xi) in item number 57 by striking the project (6) by redesignating subsections (a) through (D) SAN DIEGO.—Section 3043(c)(217) of such description and inserting ‘‘Wilmington, NC, (m) as subsections (b) through (n), respectively; Act (119 Stat. 1648) is amended by striking ‘‘San maintenance and operations facilities and ad- and Diego’’ and inserting ‘‘San Diego Transit’’. ministration and transfer facilities’’;

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6346 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 (xii) in item number 460 by striking the mat- hancement of paratransit and senior transpor- title 49, United States Code, is amended by strik- ters in the project description, FY08 column, tation services’’; and ing the designation and heading for paragraph and FY09 column and inserting ‘‘460. Mid-Re- (bb) in the FY06, FY07, FY08, and FY09 col- (1) and by striking paragraph (2). gion Council of Governments, New Mexico, pub- umns ‘‘$128,200’’, ‘‘$133,760’’, ‘‘$144,908’’, and (b) NEW ENTRANT AUDITS.— lic transportation buses, bus-related equipment ‘‘$150,480’’, respectively. (1) CORRECTIONS OF REFERENCES.—Section and facilities, and intermodal terminals in Albu- (B) SPECIAL RULE.—Section 3044(c) of such 4107(b) of the Safe, Accountable, Flexible, Effi- querque and Santa Fe’’, ‘‘$500,000’’, and Act (119 Stat. 1705) is amended— cient Transportation Equity Act: A Legacy for ‘‘$500,000’’, respectively. (i) by inserting ‘‘, or other entity,’’ after Users (119 Stat. 1720) is amended— (xiii) in item number 138 by striking ‘‘Design’’ ‘‘State or local governmental authority’’; and (A) by striking ‘‘Section 31104’’ and inserting and inserting ‘‘Determine scope, engineering, (ii) by striking ‘‘projects numbered 258 and ‘‘Section 31144’’; and (B) in paragraph (1) by inserting ‘‘(c)’’ after design,’’; 347’’ and inserting ‘‘projects numbered 258, 347, ‘‘the second subsection’’. (xiv) in item number 23 by striking ‘‘Con- and 411’’; and (iii) by striking the period at the end and in- (2) CONFORMING AMENDMENT.—Section 7112 of struct’’ and inserting ‘‘Design, engineering, such Act (119 Stat. 1899) is amended by striking right-of-way acquisition, and construction’’; serting: ‘‘, and funds made available for fiscal year 2006 for the bus and bus-related facilities subsection (c). (xv) in item number 439 by inserting before (c) PROHIBITED TRANSPORTATION.—Section projects numbered 176 and 652 under subsection ‘‘Central’’ the following: ‘‘Design, engineering, 4114(c)(1) of the such Act (119 Stat. 1726) is (a) shall remain available until September 30, right-of-way acquisition, and construction’’; amended by striking ‘‘the second subsection (c)’’ 2009.’’. (xvi) in item number 453 by inserting before and inserting ‘‘(f)’’. (6) SECTION 3046.—Section 3046(a)(7) of such ‘‘Central’’ the following: ‘‘Design, engineering, (d) EFFECTIVE DATE RELATING TO MEDICAL Act (119 Stat. 1708) is amended— right-of-way acquisition, and construction’’; EXAMINERS.—Section 4116(f) of such Act (119 (xvii) in item number 371 by striking the (A) by striking ‘‘hydrogen fuel cell vehicles’’ Stat. 1728) is amended by striking ‘‘amendment project description and inserting ‘‘Regional and inserting ‘‘hydrogen fueled vehicles’’; made by subsection (a)’’ and inserting ‘‘amend- (B) by striking ‘‘hydrogen fuel cell employee Transportation Commission of Southern Ne- ments made by subsections (a) and (b)’’. vada, Sunset Bus Maintenance Facility’’; shuttle vans’’ and inserting ‘‘hydrogen fueled (e) ROADABILITY TECHNICAL CORRECTION.— (xviii) in item number 487 by striking ‘‘Central employee shuttle vans’’; and Section 31151(a)(3)(E)(ii) of title 49, United Arkansas Transit Authority Facility Upgrades’’ (C) by striking ‘‘in Allentown, Pennsylvania’’ States Code, is amended by striking ‘‘Act’’ and and inserting ‘‘Central Arkansas Transit Au- and inserting ‘‘to the DaVinci Center in Allen- inserting ‘‘section’’. thority Bus Acquisition’’; town, Pennsylvania’’. (f) CORRECTION OF SUBSECTION REFERENCE.— (xix) in item number 491 by striking the (7) SECTION 3050.—Section 3050(b) of such Act Section 4121 of the Safe, Accountable, Flexible, project description and inserting ‘‘Pace, IL, (119 Stat. 1713) is amended by inserting ‘‘by ne- Efficient Transportation Equity Act: A Legacy Cermak Road, Bus Rapid Transit, and related gotiating the extension of the existing agreement for Users (119 Stat. 1734) is amended by striking bus projects, and alternatives analysis’’; between mile post 191.13 and mile post 185.1 to ‘‘31139(f)(5)’’ and inserting ‘‘31139(g)(5)’’. (xx) in item number 512 by striking ‘‘Corning, mile post 165.9 in Rhode Island’’ before the pe- (g) CDL LEARNER’S PERMIT PROGRAM TECH- NY, Phase II Corning Preserve Transportation riod at the end. NICAL CORRECTION.—Section 4122(2)(A) of such Enhancement Project’’ and inserting ‘‘Trans- (p) TRANSIT TUNNELS.—In carrying out sec- Act (119 Stat. 1734) is amended by striking ‘‘li- portation Center Enhancements, Corning, NY’’; tion 5309(d)(3)(D) of title 49, United States Code, cense’’ and inserting ‘‘licenses’’. (xxi) in item number 534 by striking ‘‘Commu- the Secretary of Transportation shall specifi- (h) CDL INFORMATION SYSTEM FUNDING REF- nity Buses’’ and inserting ‘‘Bus and Bus Facili- cally analyze, evaluate, and consider— ERENCE.—Section 31309(f) of title 49, United ties’’; (1) the congestion relief, improved mobility, States Code, is amended by striking ‘‘31318’’ and (xxii) in item number 570 by striking ‘‘Maine and other benefits of transit tunnels in those inserting ‘‘31313’’. Department of Transportation-Acadia Inter- projects which include a transit tunnel; and (i) CLARIFICATION OF REFERENCE.—Section modal Facility’’ and inserting ‘‘MaineDOT Aca- (2) the associated ancillary and mitigation 229(a)(1) of the Federal Motor Carrier Safety dia Intermodal Passenger and Maintenance Fa- costs necessary to relieve congestion, improve Improvement Act of 1999 (49 U.S.C. 31136 note; cility’’; mobility, and decrease air and noise pollution in 119 Stat. 1743) is amended by inserting ‘‘of title (xxiii) in item number 80 by striking the those projects which do not include a transit 49, United States Code,’’ after ‘‘31502’’. project description and amounts and inserting tunnel, but where a transit tunnel was one of (j) REDESIGNATION OF SECTION.—The second ‘‘Flagler County, Florida–buses and bus facil- the alternatives analyzed. section 39 of chapter 2 of title 18, United States ity’’, ‘‘$57,684’’, ‘‘$60,192’’, ‘‘$65,208’’, and (q) KNOXVILLE, TENNESSEE, PROPERTY ACQUI- Code, relating to commercial motor vehicles re- ‘‘$67,716’’ respectively; SITION.—The acquisition of property for the city quired to stop for inspections, and the item re- (xxiv) in item number 135 by striking the of Knoxville, Tennessee, for the Knoxville, Ten- lating to such section in the analysis for such project description and inserting ‘‘Pace Subur- nessee, Central Station project shall be deemed chapter, are redesignated as section 40. (k) OFFICE OF INTERMODALISM.—Section 5503 ban Bus, IL–Purchase Vehicles’’; to qualify as an acquisition of land for protec- of title 49, United States Code, is amended— (xxv) in item number 276 by striking the tive purposes pursuant to section 622.101 of title 49, Code of Federal Regulations, as in effect on (1) in subsection (f)(2) by striking ‘‘Surface project description and amounts and inserting Transportation Safety Improvement Act of ‘‘Long Beach Transit, Long Beach, California, the date of enactment of this Act. The Secretary of Transportation may allow the costs of such 2005’’, and inserting ‘‘Motor Carrier Safety Re- for the purchase of transit vehicles and en- authorization Act of 2005’’; and hancement of para-transit and senior transpor- acquisition to be credited toward the non-Fed- eral share for the project. (2) by redesignating the first subsection (h), tation services’’, ‘‘$128,180’’, ‘‘$133,760’’, relating to authorization of appropriations, as ‘‘$144,906’’, and ‘‘$150,480’’, respectively; and (r) CALIFORNIA TRANSIT SERVICES.—The Sec- retary of Transportation shall use not more subsection (i) and moving it after the second (xxvi) by adding at the end— subsection (h). (I)(aa) in the project description column ‘‘666. than $3,000,000 of the funds made available for use at the discretion of the Secretary for fiscal (l) USE OF FEES FOR UNIFIED CARRIER REG- New York City, NY, rehabilitation of subway ISTRATION SYSTEM.—Section 13908 of title 49, stations to include passenger access improve- year 2007 for Federal Transit Administration Discretionary Programs, Bus and Bus Facilities United States Code, is amended by redesignating ments including escalators or installation of in- subsection (e) as subsection (f) and inserting frastructure for security and surveillance pur- to reimburse the California State department of transportation for actual and necessary costs of after subsection (d) the following: poses’’; and ‘‘(e) USE OF FEES FOR UNIFIED CARRIER REG- maintenance and operation, less the amount of (bb) in the FY08 column and the FY09 column ISTRATION SYSTEM.—Fees collected under this fares earned, for additional public transpor- ‘‘$50,000’’; section may be credited to the Department of tation services that were provided by the depart- (II)(aa) in the project description column Transportation appropriations account for pur- ment of transportation as a temporary sub- ‘‘667. St. Johns County Council on Aging buses poses for which such fees are collected and shall stitute for highway traffic service following the and bus facilities, Florida’’; and be available for expenditure for such purposes freeway collapse at the interchange connecting (bb) in the FY06, FY07, FY08, and FY09 col- until expended.’’. Interstate Routes 80, 580, and 880 near the San umns ‘‘$57,684’’, ‘‘$60,192’’, ‘‘$65,208’’, and (m) COMMERCIAL MOTOR VEHICLE DEFINI- Francisco-Oakland Bay Bridge, on April 29, ‘‘$67,716’’, respectively; TION.—Section 14504a(a)(1)(B) of title 49, United (III)(aa) in the project description column 2007, until the reopening of that facility on June States Code, is amended by striking ‘‘a motor ‘‘668. The City of Compton, California, for the 29, 2007. The Federal share of the cost of activi- carrier required to make any filing or pay any replacement of buses and paratransit vehicles’’; ties reimbursed under this subsection shall be fee to a State with respect to the motor carrier’s and 100 percent. authority or insurance related to operation (bb) in the FY06, FY07, FY08, and FY09 col- TITLE III—OTHER SURFACE within such State, the motor carrier’’ and in- umns ‘‘$128,180’’, ‘‘$133,760’’, ‘‘$144,906’’, and TRANSPORTATION PROVISIONS serting ‘‘determining the size of a motor carrier ‘‘$150,480’’, respectively; and SEC. 301. TECHNICAL AMENDMENTS RELATING or motor private carrier’s fleet in calculating the (IV)(aa) in the project description column TO MOTOR CARRIER SAFETY. fee to be paid by a motor carrier or motor pri- ‘‘669. City of Los Angeles, California, for the (a) CONFORMING AMENDMENT RELATING TO vate carrier pursuant to subsection (f)(1), the purchase of transit vehicles in Watts and en- HIGH-PRIORITY ACTIVITIES.—Section 31104(f) of motor carrier or motor private carrier’’.

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(n) CLARIFICATION OF UNREASONABLE BUR- section designation and heading and inserting imum levels of financial responsibility sufficient DEN.—Section 14504a(c)(2) of title 49, United the following: to satisfy liability amounts established by the States Code, is amended by striking ‘‘interstate’’ ‘‘§ 5128. Authorization of appropriations’’. Secretary covering public liability and property the last place it appears and inserting ‘‘intra- damage for the transportation of passengers for (g) CHAPTER ANALYSIS.—The analysis for state’’. chapter 57 of title 49, United States Code, is compensation by motor vehicle in the United (o) CONTENTS OF AGREEMENT TYPO.—Section amended in the item relating to section 5701 by States between a place in a State and— ‘‘(A) a place in another State; 14504a(f)(1)(A)(ii) of title 49, United States Code, striking ‘‘Transportation’’ and inserting ‘‘trans- ‘‘(B) another place in the same State through is amended by striking ‘‘or’’ the last place it ap- portation’’. pears. a place outside of that State; or (h) NORMAN Y. MINETA RESEARCH AND SPE- (p) OTHER UNIFIED CARRIER REGISTRATION ‘‘(C) a place outside the United States. CIAL PROGRAMS IMPROVEMENT ACT.—Section ‘‘(2) TRANSPORTATION OF PASSENGERS NOT FOR SYSTEM TECHNICAL CORRECTIONS.—Section 5(b) of the Norman Y. Mineta Research and COMPENSATION.—The Secretary may prescribe 14504a of title 49, United States Code, is amend- Special Programs Improvement Act (49 U.S.C. ed— regulations to require minimum levels of finan- 108 note; 118 Stat. 2427) is amended by inserting cial responsibility sufficient to satisfy liability (1) in subsection (c)(1)(B) by striking ‘‘the a’’ ‘‘(including delegations by the Secretary of and inserting ‘‘a’’; amounts established by the Secretary covering Transportation)’’ after ‘‘All orders’’. public liability and property damage for the (2) in subsection (f)(1)(A)(i) by striking ‘‘in (i) SHIPPING PAPERS.—Section 5110(d)(1) of transportation of passengers for commercial connection with the filing of proof of financial title 49, United States Code, is amended— purposes, but not for compensation, by motor responsibility’’; and (1) in the subsection heading by striking vehicle in the United States between a place in (3) in subsection (f)(1)(A)(ii) by striking ‘‘in ‘‘SHIPPERS’’ and inserting ‘‘OFFERORS’’; and a State and— connection with such a filing’’ and inserting (2) by striking ‘‘shipper’s’’ and inserting ‘‘under the UCR agreement’’. ‘‘(A) a place in another State; ‘‘offeror’s’’. ‘‘(B) another place in the same State through (q) IDENTIFICATION OF VEHICLES.—Section (j) NTSB RECOMMENDATIONS.—Section 19(1) of a place outside of that State; or 14506(b)(2) of title 49, United States Code, is the Pipeline Inspection, Protection, Enforce- amended by inserting before the semicolon at ‘‘(C) a place outside the United States.’’; and ment, and Safety Act of 2006 (49 U.S.C. 60102 (2) by striking ‘‘commercial’’ each place it ap- the end the following: ‘‘or under an applicable note; 120 Stat. 3498) is amended by striking State law if, on October 1, 2006, the State has a pears in subsection (c)(4). ‘‘165’’ and inserting ‘‘1165’’. (b) TRANSPORTATION OF PROPERTY.—Section form of highway use taxation not subject to col- SEC. 303. HIGHWAY SAFETY. 31139 of such title is amended— lection through the International Fuel Tax (a) STATE MINIMUM APPORTIONMENTS FOR (1) by striking ‘‘commercial motor vehicle’’ in Agreement’’. HIGHWAY SAFETY PROGRAMS.—Effective October subsection (b)(1) and inserting ‘‘motor carrier or (r) DRIVEAWAY SADDLEMOUNT VEHICLE.— 1, 2007, section 402(c) of the title 23, United motor private carrier (as such terms are defined (1) DEFINITION.—Section 31111(a)(4) of title 49, States Code, is amended by striking ‘‘The an- in section 13102 of this title)’’; and United States Code, is amended— nual apportionment to each State shall not be (2) by striking ‘‘commercial’’ in subsection (c). (A) in the paragraph heading by striking less than one-half of 1 per centum’’ and insert- (c) DEFINITIONS RELATING TO MOTOR CAR- ‘‘DRIVE-AWAY SADDLEMOUNT WITH FULLMOUNT’’ ing ‘‘The annual apportionment to each State RIERS.—Paragraphs (6)(B), (7)(B), (14), and (15) and inserting ‘‘DRIVEAWAY SADDLEMOUNT’’; shall not be less than three-quarters of 1 per- of section 13102 of such title are each amended (B) by striking ‘‘drive-away saddlemount with cent’’. by striking ‘‘commercial motor vehicle (as de- fullmount’’ and inserting ‘‘driveaway (b) CONSOLIDATION OF GRANT APPLICATIONS.— fined in section 31132)’’ and inserting ‘‘motor ve- saddlemount’’; and Section 402(m) of title 23, United States Code, is hicle’’. (C) by inserting ‘‘Such combination may in- amended in the first sentence— (d) FREIGHT FORWARDERS.—Section 13903(a) clude one fullmount.’’ after the period at the (1) by striking ‘‘through’’ and inserting ‘‘for of such title is amended to read as follows: end. which’’; and ‘‘(a) IN GENERAL.—The Secretary shall reg- (2) IN GENERAL.—Section 31111(b)(1)(D) of (2) by inserting ‘‘is appropriate’’ before the ister a person to provide service subject to juris- such title is amended by striking ‘‘a driveaway period at the end. diction under subchapter III of chapter 135 as a saddlemount with fullmount’’ and inserting ‘‘all (c) TECHNICAL CORRECTIONS.— freight forwarder if the Secretary finds that the driveaway saddlemount’’. (1) Section 2002(b) of the Safe, Accountable, person is fit, willing, and able to provide the SEC. 302. TECHNICAL AMENDMENTS RELATING Flexible, Efficient Transportation Equity Act: A service and to comply with this part and appli- TO HAZARDOUS MATERIALS TRANS- Legacy for Users (119 Stat. 1521) is amended— cable regulations of the Secretary and the PORTATION. (A) by striking paragraph (2); and Board.’’. (a) DEFINITION OF HAZMAT EMPLOYEES.—Sec- (B) by redesignating paragraphs (3) and (4) as (e) BROKERS.—Section 13904(a) of such title is tion 7102(2) of the Safe, Accountable, Flexible, (2) and (3), respectively. amended to read as follows: Efficient Transportation Equity Act: A Legacy (2) Section 2007(b)(1) of such Act (119 Stat. ‘‘(a) IN GENERAL.—The Secretary shall reg- for Users (119 Stat. 1892) is amended— 1529) is amended— ister, subject to section 13906(b), a person to be (1) by striking ‘‘(3)(A)’’ and inserting ‘‘(3)’’; (A) by inserting ‘‘and’’ after the semicolon at a broker for transportation of property subject (2) in subparagraph (A) by striking ‘‘clause the end of subparagraph (A); to jurisdiction under subchapter I of chapter (i)’’ and inserting ‘‘clause (i) of subparagraph (B) by striking ‘‘and’’ at the end of subpara- 135, if the Secretary finds that the person is fit, (A)’’; and graph (B); and willing, and able to be a broker for transpor- (3) in subparagraph (B) by striking ‘‘clause (C) by striking subparagraph (C). tation and to comply with this part and applica- (ii)’’ and inserting ‘‘subparagraph (A)(ii)’’. (3) Effective August 10, 2005, section ble regulations of the Secretary.’’. ECHNICAL ORRECTION (b) T C .—Section 410(c)(7)(B) of title 23, United States Code, is SEC. 306. APPLICABILITY OF FAIR LABOR STAND- 5103a(g)(1)(B)(ii) of title 49, United States Code, amended by striking ‘‘clause (i)’’ and inserting ARDS ACT REQUIREMENTS AND LIM- is amended by striking ‘‘Act’’ and inserting ‘‘clauses (i) and (ii)’’. ITATION ON LIABILITY. ‘‘subsection’’. (4) Section 411 of title 23, United States Code, (a) APPLICABILITY FOLLOWING THIS ACT.—Be- (c) PREEMPTION CORRECTION.—Section 5125 of is amended by redesignating the second sub- ginning on the date of enactment of this Act, title 49, United States Code, is amended— section (c), relating to administration expenses, section 7 of the Fair Labor Standards Act of (1) in subsection (d)(1) by striking ‘‘5119(e)’’ and subsection (d) as subsections (d) and (e), re- 1938 (29 U.S.C. 207) shall apply to a covered em- and inserting ‘‘5119(f)’’; spectively. ployee notwithstanding section 13(b)(1) of that (2) in each of subsections (e) and (g) by strik- SEC. 304. CORRECTION OF STUDY REQUIREMENT Act (29 U.S.C. 213(b)(1)). ing ‘‘5119(b)’’ and inserting ‘‘5119(f)’’; and REGARDING ON-SCENE MOTOR VEHI- (b) LIABILITY LIMITATION FOLLOWING (3) in subsection (g) by striking ‘‘(b), (c)(1), or CLE COLLISION CAUSATION. SAFETEA–LU.— (d)’’ and inserting ‘‘(a), (b)(1), or (c)’’. Section 2003(c)(1) of the Safe, Accountable, (1) LIMITATION ON LIABILITY.—An employer (d) RELATIONSHIP TO OTHER LAWS.—Section Flexible, Efficient Transportation Equity Act: A shall not be liable for a violation of section 7 of 7124(3) of the Safe, Accountable, Flexible, Effi- Legacy for Users (Public Law 109–59; 119 Stat. the Fair Labor Standards Act of 1938 (29 U.S.C. cient Transportation Equity Act: A Legacy for 1522) is amended in the second sentence by strik- 207) with respect to a covered employee if— Users (119 Stat. 1908) is amended by inserting ing ‘‘shall’’ and inserting ‘‘may’’. (A) the violation occurred in the 1-year period ‘‘the first place it appears’’ before ‘‘and insert- SEC. 305. MOTOR CARRIER TRANSPORTATION beginning on August 10, 2005; and ing’’. REGISTRATION. (B) as of the date of the violation, the em- (e) REPORT.—Section 5121(h) of title 49, (a) GENERAL REQUIREMENTS.—Section 31138 of ployer did not have actual knowledge that the United States Code, is amended— title 49, United States Code, is amended— employer was subject to the requirements of (1) in paragraph (2) by striking ‘‘exemptions’’ (1) by striking subsection (a) and inserting the such section with respect to the covered em- and inserting ‘‘special permits’’; and following: ployee. (2) in paragraph (3) by striking ‘‘exemption’’ ‘‘(a) GENERAL REQUIREMENT.— (2) ACTIONS TO RECOVER AMOUNTS PREVIOUSLY and inserting ‘‘special permit’’. ‘‘(1) TRANSPORTATION OF PASSENGERS FOR PAID.—Nothing in paragraph (1) shall be con- (f) SECTION HEADING.—Section 5128 of title 49, COMPENSATION.—The Secretary of Transpor- strued to establish a cause of action for an em- United States Code, is amended by striking the tation shall prescribe regulations to require min- ployer to recover amounts paid before the date

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 6333 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6348 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 of enactment of this Act in settlement of, in under paragraph (1)(B), the Corporation shall allegations of impropriety regarding item 462 in compromise of, or pursuant to a judgment ren- pay to the Administrator the fair market value section 1934(c) of Public Law 109–59 to ascertain dered regarding a claim or potential claim based of the parcel to be conveyed under subsection if a violation of Federal criminal law has oc- on an alleged or proven violation of section 7 of (a) based on its highest and best use as deter- curred. the Fair Labor Standards Act of 1938 (29 U.S.C. mined by an independent appraisal commis- Mrs. BOXER. Madam President, I 207) occurring in the 1-year period referred to in sioned by the Administrator and paid for by the move to reconsider the vote and to lay paragraph (1)(A) with respect to a covered em- Corporation. that motion on the table. ployee. (d) APPRAISAL.—In the case of an appraisal The motion to lay on the table was (c) COVERED EMPLOYEE DEFINED.—In this sec- under subsection (c)(3)— tion, the term ‘‘covered employee’’ means an in- (1) the appraisal shall be performed by an ap- agreed to. dividual— praiser mutually acceptable to the Adminis- The PRESIDING OFFICER. The Sen- (1) who is employed by a motor carrier or trator and the Corporation; and ator from California is recognized. motor private carrier (as such terms are defined (2) the assumptions, scope of work, and other Mrs. BOXER. Madam President, this by section 13102 of title 49, United States Code, terms and conditions related to the appraisal as- is a good day for the Senate. It took us as amended by section 305); signment shall be mutually acceptable to the a while to get here. I will thank staff in (2) whose work, in whole or in part, is de- Administrator and the Corporation. a moment—floor staff as well, and Sen- fined— (e) PROCEEDS.— (A) as that of a driver, driver’s helper, loader, (1) DEPOSIT.—Any proceeds received under ator REID’s staff, Senator INHOFE’s or mechanic; and subsection (c) shall be paid into the Federal staff, and my own staff. (B) as affecting the safety of operation of Buildings Fund established under section 592 of Before that, I have two unanimous- motor vehicles weighing 10,000 pounds or less in title 40, United States Code. consent requests to make. transportation on public highways in interstate (2) EXPENDITURE.—Funds paid into the Fed- The PRESIDING OFFICER. The Sen- or foreign commerce, except vehicles— eral Buildings Fund under paragraph (1) shall ator will state the requests. (i) designed or used to transport more than 8 be available to the Administrator, in amounts UNANIMOUS-CONSENT REQUEST—H.R. 2828 passengers (including the driver) for compensa- specified in appropriations Acts, for expenditure tion; for any lawful purpose consistent with existing Mrs. BOXER. Madam President, I ask (ii) designed or used to transport more than 15 authorities granted to the Administrator; except unanimous consent that the Senate passengers (including the driver) and not used that the Administrator shall provide to the Com- proceed to the immediate consider- to transport passengers for compensation; or mittee on Transportation and Infrastructure of ation of Calendar No. 403, H.R. 2828, the (iii) used in transporting material found by the House of Representatives and the Committee Foreign Service Victims of Terrorism the Secretary of Transportation to be hazardous on Environment and Public Works of the Senate under section 5103 of title 49, United States Act, which will provide compensation 30 days advance written notice of any expendi- to relatives of U.S. citizens killed as a Code, and transported in a quantity requiring ture of the proceeds. placarding under regulations prescribed by the (f) ADDITIONAL TERMS AND CONDITIONS.—The result of the bombing of United States Secretary under section 5103 of title 49, United Administrator may require such additional Embassies in East Africa on August 7, States Code; and terms and conditions to the conveyance under 1998; that the bill be read the third (3) who performs duties on motor vehicles subsection (a) as the Administrator considers time, and passed; and that the motion weighing 10,000 pounds or less. appropriate to protect the interests of the United to reconsider be laid upon the table, TITLE IV—MISCELLANEOUS PROVISIONS States. with no intervening action or debate. SEC. 401. CONVEYANCE OF GSA FLEET MANAGE- (g) DESCRIPTION OF PROPERTY AND SURVEY.— The PRESIDING OFFICER. Is there MENT CENTER TO ALASKA RAIL- The exact acreage and legal description of the ROAD CORPORATION. parcels to be conveyed under subsections (a) objection? (a) IN GENERAL.—Subject to the requirements and (c)(2) shall be determined by surveys satis- Mr. DEMINT. I object. of this section, the Administrator of General factory to the Administrator and the Corpora- The PRESIDING OFFICER. Objec- Services shall convey, not later than 2 years tion. tion is heard. after the date of enactment of this Act, by quit- SEC. 402. CONVEYANCE OF RETAINED INTEREST UNANIMOUS-CONSENT REQUEST—H.R. 1595 claim deed, to the Alaska Railroad Corporation, IN ST. JOSEPH MEMORIAL HALL. Mrs. BOXER. Madam President, I ask an entity of the State of Alaska (in this section (a) IN GENERAL.—Subject to the terms and unanimous consent that the Judiciary referred to as the ‘‘Corporation’’), all right, conditions of subsection (c), the Administrator title, and interest of the United States in and to of General Services shall convey to the city of Committee be discharged from further the parcel of real property described in sub- St. Joseph, Michigan, by quitclaim deed, any in- consideration of H.R. 1595, the Guam section (b), known as the GSA Fleet Manage- terest retained by the United States in St. Jo- World War II Loyalty Recognition Act; ment Center. seph Memorial Hall. that the bill be read the third time, (b) GSA FLEET MANAGEMENT CENTER.—The (b) ST. JOSEPH MEMORIAL HALL DEFINED.—In and passed; and that the motion to re- parcel to be conveyed under subsection (a) is the this section, the term ‘‘St. Joseph Memorial consider be laid upon the table, with no parcel located at the intersection of 2nd Avenue Hall’’ means the property subject to a convey- intervening action or debate. and Christensen Avenue in Anchorage, Alaska, ance from the Secretary of Commerce to the city The PRESIDING OFFICER. Is there consisting of approximately 78,000 square feet of of St. Joseph, Michigan, by quitclaim deed dated land and the improvements thereon. May 9, 1936, recorded in Liber 310, at page 404, objection? (c) CONSIDERATION.— in the Register of Deeds for Berrien County, Mr. DEMINT. I object. (1) IN GENERAL.—As consideration for the par- Michigan. The PRESIDING OFFICER. Objec- cel to be conveyed under subsection (a), the Ad- (c) TERMS AND CONDITIONS.—The conveyance tion is heard. ministrator shall require the Corporation to— under subsection (a) shall be subject to the fol- Mrs. BOXER. Madam President, we (A) convey replacement property in accord- lowing terms and conditions: just heard objection, but we didn’t get ance with paragraph (2); or (1) CONSIDERATION.—As consideration for the objection, finally, to the technical cor- (B) pay the purchase price for the parcel in conveyance under subsection (a), the city of St. accordance with paragraph (3). Joseph, Michigan, shall pay $10,000 to the rections bill. We are happy about that. (2) REPLACEMENT PROPERTY.—If the Adminis- United States. You and I serve together on the Envi- trator requires the Corporation to provide con- (2) ADDITIONAL TERMS AND CONDITIONS.—The ronment and Public Works Committee. sideration under paragraph (1)(A), the Corpora- Administrator may require such additional We know our work is important be- tion shall— terms and conditions for the conveyance under cause we know that no country can be (A) convey, and pay the cost of conveying, to subsection (a) as the Administrator considers great if it doesn’t have an infrastruc- the United States, acting by and through the appropriate to protect the interests of the United ture that is up to par. The occupant of Administrator, fee simple title to real property, States. including a building, that the Administrator de- the chair knows more than most what TITLE V—OTHER PROVISIONS termines to be suitable as a replacement facility it means when a bridge collapses. We for the parcel to be conveyed under subsection SEC. 501. DE SOTO COUNTY, MISSISSIPPI. know what that means. So what we are (a); and Section 219(f)(30) of the Water Resources De- doing here is a matter of life and death, (B) provide such other consideration as the velopment Act of 1992 (106 Stat. 4835; 110 Stat. quite often. 3757; 113 Stat. 334; 114 Stat. 2763A–220; 119 Stat. Administrator and the Corporation may agree, This technical corrections bill will including payment of the costs of relocating the 282; 119 Stat. 2257) is amended by striking occupants vacating the parcel to be conveyed ‘‘$55,000,000’’ and inserting ‘‘$75,000,000’’. make it possible to continue work on under subsection (a). SEC. 502. DEPARTMENT OF JUSTICE REVIEW. over 500 projects that were stymied for (3) PURCHASE PRICE.—If the Administrator re- Consistent with applicable standards and pro- various reasons. It is going to put a bil- quires the Corporation to provide consideration cedures, the Department of Justice shall review lion dollars into our economy, and it

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6349 will provide tens of thousands of jobs. groups—I thank them—such as the We brought this bill to the floor a Senator INHOFE and I are very grateful construction industry, the construc- week ago today, asked that it pass, and that—even though this was not an easy tion workers, the transit district oper- then faced a filibuster from the Repub- week and this bill took so many twists ators, the sand and gravel people. You licans. That filibuster was broken on and turns and we had to work our way know who you are. You made the point Monday, with a 93-to-1 vote, and then a through many issues—we have arrived that we should not bog this bill down, second filibuster had to be initiated by at the point where it passed. that we should get it going. the Republicans before we could finally Let me say how much I enjoyed I am delighted we had a victory here pass the bill today. working with my staff and the staff of with the Water Resources Development For those following this from the Senator INHOFE. I am going to read the Act. We are pleased. Up and coming, we outside, I am afraid I might have lost names of those who deserve to be rec- are going to have a markup in a couple some of them. But what it boiled down ognized and thanked. From my staff of weeks, and then we will get to global to was that the Republican minority are Bettina Porier, Kathy Dedrick, warming. I don’t know how that will was determined that we would burn 1 Tyler Rushforth, Jeff Rosato, Erik end, but I know it is going to be very week of Senate activity on a bill that Olsen, Paul Ordal, and the rest of my exciting. We hope everybody will par- should have taken 5 minutes. They staff. We do work as a team. ticipate in that debate. were determined that we would have a I thank Senator INHOFE’s staff, and I Is the Senator from Virginia going to succession of rollcall votes on a bill am sure there are more to be thanked, speak? which by and large had no controversy. but the ones I worked with closely are, I will yield the floor. There was one little issue that could of course, Andy Wheeler, chief over The PRESIDING OFFICER. The Sen- have been resolved quickly, perhaps in an hour, in a good-faith debate with a there, Ruth Van Mark, James O’Keeffe, ator from Virginia is recognized. vote. They stretched it out for a week. (The remarks of Mr. WARNER are and Alex Herrgott. We are so grateful Why are we in this stall? Why do the printed in today’s RECORD under to you for being close to us, staying Republicans want to slow us down? It ‘‘Morning Business’’.) close to us, letting us know when there is part of a strategy. Republican fili- were problems. We appreciate that. Mr. WARNER. Madam President, I busters this Congress, as of today, went I say to the majority leader, Senator yield the floor and suggest the absence up to 66; 66 Republican filibusters this REID, how much I appreciated his in- of a quorum. Congress and still counting. Is that a terest in this bill. He really helped us. The PRESIDING OFFICER. The lot? Historically, the Senate has never Bob Herbert, of his staff, Ron Wynch, clerk will call the roll. had more than 57 filibusters in any 2- and Mike Castellano—we had technical The assistant legislative clerk pro- year period. We have had 66 in a matter issues and legal issues and they were ceeded to call the roll. of a year and 3 or 4 months. So they are there. Mr. DURBIN. Mr. President, I ask about to break all records with filibus- If I am leaving anyone out, please unanimous consent that the order for ters in an attempt to slow down the know it is not my intention. So many the quorum call be rescinded. Senate. They can’t even come to a bi- others helped us. The PRESIDING OFFICER (Mr. partisan agreement on a technical cor- Mr. CARPER. Will the Senator yield TESTER). Without objection, it is so or- rections bill. The Republicans insist on for a moment? dered. these filibuster rollcalls on a technical Mrs. BOXER. Yes. f corrections bill. Why? Mr. CARPER. The Senator is leaving REPUBLICAN FILIBUSTERS First, they want to slow the Senate herself out and Senator INHOFE. On be- down as much as possible so we don’t half of all of us who have been anxious Mr. DURBIN. Mr. President, today act on issues that really count. They for this day—to see this technical cor- the Senate had a historic moment. We don’t want us to take up an energy bill rections bill put together and have the passed a bill that has been long await- to talk about energy tax credits so result we have had, I thank the Sen- ed across America—one that was read that we can expand renewable sources ator for dealing with the competing about and heard about. It finally of energy. They don’t want us to take forces and getting the job done. Some- passed this afternoon. It was a bill up a bill to deal with children’s health one said it was ugly, but it is beautiful called the technical corrections bill. insurance, a bill vetoed twice by Presi- in the end. It is going to be good for It was a bill that changed and cor- dent Bush, which would provide health the folks in all of our States. We rected the punctuation and references care protection for many children not worked together in a bipartisan way, in a highway bill we enacted several poor enough to qualify for Medicaid, and I am grateful for that. years ago. It was not that historic. In not fortunate enough to have parents Mrs. BOXER. I thank the Senator. fact, it is fairly routine. You see, after with health insurance. They don’t want Senator CARPER, from Delaware, is one you pass a bill that affects the whole us to take up important legislation of the senior members on the com- United States and billions of dollars, dealing with the state of our economy, mittee, whom we love working with. sometimes, on reflection, you find legislation to extend unemployment He is part of our team. We have a great some of the facts were wrong, some of benefits to the millions of Americans committee. It is why I like to be a leg- the words were wrong; and you have to who are out of work. Those numbers islator. clean it up. And so a technical correc- are reaching modern records. We know I want to say, in closing, to floor tions bill is very common around here. many of these families are struggling staff, all of you here, thank you for It happens to correct mistakes, to to find a job. We want to extend bene- your patience. You have to answer make sure things are done well and fits so these people can feed their fami- questions. The pages have to be avail- done accurately. It is the kind of bill lies while they are looking for work. able to us. You all let us know what is that historically would pass without Republicans don’t want us to take up going on and whether we are doing it any debate whatsoever. Many times it that legislation. So they keep throwing right or wrong. Of course, in par- would pass by a voice vote late at night filibusters in our path, slowing down ticular, I thank Lula, Tim, and Dave. when no one is here because there is so the Senate, making sure the Senate Without the three of you, we could not little controversy attached to it. never gets to the issues that are criti- have gotten this done. So despite what I said at the outset, cally important. Whether it is funding Yes, sometimes when you get to this it is not that historic. But what made our schools or paying for health care, point, it is a little like making sau- this process historic, and we are re- taking care of unemployed workers, sage—that is what they say about how searching this, but we believe for the providing money for medical research, a bill becomes a law; it is not a pretty first time in the history of the Senate, trying to bring down the high cost of thing. But we got it done. The most the Republicans initiated not one but gasoline, the high cost of health care important thing is all of the people two filibusters on our effort to pass and college, they continue to throw who helped us from the outside this technical corrections bill. filibusters in our path.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6350 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 GOP is shorthand for the Republican shortages. Rising food prices mean ern-Dole school feeding program, Party. It technically used to stand for hunger, and with hunger and no real named after two former great Senators Grand Old Party. The Republicans in hope of ending it come panic, despera- who served from South Dakota and the Senate have created a new GOP. tion, and, ultimately civil unrest. Kansas. They want the Senate to be a ‘‘Grave- At any given time, chronic hunger I saw the way that food program yard of Progress.’’ They don’t want us threatens the welfare of an estimated worked. There was a noon lunch which to take up this legislation. They don’t 850 million people in the world. consisted of a pot of boiling cereal. It want us to take up these issues. They We talk a lot about the forces of ex- looked a lot like oatmeal or some form don’t want to see any change. They tremists and terrorists and fundamen- of porridge. They ladled it into plastic don’t want to see any progress. That is talists, how destabilizing they are with cups. The kids stood in line like they why their message at this point is so their acts of violence in countries were at Baskin Robbins in Springfield, empty. All they can do is say no, no to where they kill innocent people. But I IL, hoping to get a double-dip ice the issues that really count with Amer- have to say, if this world food crisis cream cone. They were so excited to ican families. continues unabated, the instability of get something to eat. It was the only Eventually the American people will terrorism may pale in comparison. meal they were going to have that day. speak, in November, in an election. In Thailand, local farmers are report- They were willing to put up with this They will decide whether this Repub- ing theft of their rice crops, as supplies politician, wear their uniforms, come lican approach of filibusters and stop- from other countries are going down in from vacation, on the chance they ping progress and stopping change is and prices are going up dramatically. could fill that cup. They stood there what they want to see or whether they Protests have turned violent in many and waited, just to get one meal. want to bring to the Senate new people places. In Yemen, food prices have dou- The World Food Program has issued who can start moving this country for- bled in recent months. Protests and an extraordinary emergency appeal be- ward. Eventually the American people riots there left at least 12 people dead. cause food programs like that one in have the last word. I am sorry we have Protests in Cameroon earlier this year Kenya may not last. There is a short- virtually wasted a week and the time killed more than two dozen people and fall of some $500 million in food pro- of this great institution with more Re- led to desperate attempts by the Gov- grams across the world. Considering publican filibusters. But it is their ernment to raise wages and reduce cus- the high cost of food and fuel prices to strategy; it is their plan. It is the way toms duties on food products. Rioters transport it, the shortfall is no sur- they address the serious issues facing in Burkina Faso looted stores and prise. But it requires immediate ac- America. burned Government buildings. The tion. The U.S. contribution to the f Prime Minister of Haiti was forced to World Food Program is important be- resign following days of deadly vio- cause it doesn’t just feed hungry kids. WORLD FOOD CRISIS lence over rising food prices. Last It tells the world who we are. Mr. DURBIN. Mr. President, I fear we weekend, a U.N. peacekeeper trans- Right now there are people who are are on the brink of a major humani- porting food for his unit was dragged not our friends, who are in fact our en- tarian crisis around the world. Food from his vehicle and shot execution emies, who are advertising against the prices are rising beyond the reach of style in the Haitian capital by pro- United States. On television sets and people in countries as disparate and far testers. other places around the world, there is apart as Haiti, Egypt, and Thailand. The risk of unrest is even more trou- an image of America that is not even Food prices and their increase have led bling in areas such as Darfur, where close to the truth. They suggest that to demonstrations, sometimes even the World Food Program is feeding up we are warmongers and selfish people. violent demonstrations in many parts to 3 million people a day. This is a hu- We are not. of the world, creating real threats to manitarian time bomb which threatens We have to prove to the world again the stability of those countries. As to explode at any moment. that our values count, and we will many as 33 countries face a growing I have seen food aid programs operate stand behind them. This global food risk of hunger and social unrest that is overseas, and they can make a big dif- crisis is the kind of challenge that caused when people are hungry and ference. I saw one program when I trav- gives us our opportunity. frightened about their future. Quite eled to a slum in Nairobi, Kenya. It is It also is important to quell the simply, I am concerned that we are a slum of lean-to homes where more growing security concerns attached steps away from a world food crisis, a than 600,000 people live. It is called with a global food crisis. Senators JOHN crisis that could have a dramatic im- Kibera. If you saw the movie ‘‘The Con- KERRY and JOE BIDEN joined me today pact on some of the world’s poorest na- stant Gardener,’’ much of it was filmed in sending a letter to President Bush tions. in the slum of Kibera in Nairobi, urging him to support additional fund- The other week, World Bank Presi- Kenya. Some people think up to 1 mil- ing for food aid in the fiscal year 2008 dent Robert Zoellick warned: lion people live there from time to supplemental appropriations bill. The For countries where food comprises about time, some 600,000. Nobody even knows. President is going to come to us short- half to three-quarters of consumption, there When you visit there, there are peo- ly and ask for $108 billion to continue is no margin for survival. ple as far as the eye can see—kids play- the war in Iraq and in Afghanistan. He In the United States, the poorest 20 ing in the streets, in the filth, in rail- will tell us this is an emergency. The percent, the poorest one-fifth of our way yards, everywhere. world food crisis is also an emergency. population, spends about 16 percent of But when I visited there, there was a It is one we should deal with. If we are their income on food. It is a lot com- scene that was almost hard to believe. really focused on stability and peace in pared to many of us. But in the poorest It was near the holiday season. The Iraq, we should not ignore the fact that nations, those families spend more local schools were on vacation, but the shortages of food and hunger than half of what they earn to feed they asked the students to come back around the world can lead to insta- themselves. In Nigeria, families spend to greet this Senator who was coming bility in many other places. an average of 73 percent of the money from America. About 40 or 50 children As a first step, the Department of they earn on food; in Vietnam, 65 per- put on their uniforms, left their vaca- Agriculture has committed to pro- cent. Even as food prices soar, humani- tion time at home, to come back to viding $200 million in emergency food tarian aid has been forced to scale school. It wasn’t to see me; believe me. assistance through the Bill Emerson back. In Cambodia, the World Food It was because they promised them humanitarian trust. Bill Emerson, Program, which is largely sustained that if they would come back to school former Republican Congressman from and supported by the United States, that day, they would feed them. The the Boothill area of Missouri, was a has suspended a feeding program for feeding program in that little school is fine fellow. I got to know him when I 500,000 schoolchildren because of food part of what is known as the McGov- served in the House. He really cared

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6351 about children and feeding people. So Raised in Shepherdsville, in Bullitt Allyson Echols, whom he met in high $200 million in his name is certainly County, Tom was actually born in school, to marry him. money well spent. Mount Clemens, MI, and as a result Tom and Allyson married during the Moving forward, though, we have to Tom brought with him to Kentucky a week of Thanksgiving in 2005. Allyson understand that is not enough. We are fast and true love for his University of now raises the couple’s young daugh- going to need to add more to make sure Michigan Wolverines. His grandfather, ter, Julia, who sadly never got to meet this crisis doesn’t occur. Don Wight, still recalls how his grand- her father. We can share our bountiful harvest. son once saved up money for weeks to Tom was buried at the Zachary Tay- We can help the poorest people in the buy tickets to a University of Michigan lor National Cemetery in Louisville, world. We can demonstrate in that way football game. KY, with full military honors. A large the finest elements of the American ‘‘I’m an MSU grad, he’s a dyed-in- crowd of people came to pay their final spirit. the-wool University of Michigan fan. respects. Sheriffs from both Bullitt We recently had a hearing, in fact Anything he could find that was U of M County and neighboring Jefferson yesterday, before the Senate Appro- memorabilia, he had it,’’ says Don. ‘‘He County were there, and Tom’s father priations Committee, where Jim was just a good, fun-loving young Kurt remembers with pride that mem- Nussle, who is chairman of the Office of man.’’ Despite the longstanding rivalry bers of a local fire department erected Management and Budget, spoke. Jim between the University of Michigan a large American flag in honor of his comes from the State of Iowa. He is a and Michigan State, Tom and his son. former Congressman, former chairman grandfather went to that Wolverines Our prayers are with the family of of the House Budget Committee. football game together. Lance Corporal Echols today as God I asked him about this. I asked him if While Tom’s eyes looked north to his comforts them for their tragic loss. We the administration would consider, as beloved Wolverines, his feet were firm- are thinking of his wife Allyson; his part of their supplemental appropria- ly planted in Kentucky. He attended daughter Julia; his parents Kurt and tions bill, including more money for Cedar Grove Elementary School, Rose; his sister Rebecca; his brother this global food crisis. I am afraid Mr. Bernheim Middle School, and Bullitt Alexander; his grandparents Jerry and Nussle was adamant in saying they Central High School, all in Sharon Echols and Donald and Mary would not. They would not consider Shepherdsville. He graduated from Riv- Wight; and many other beloved family adding any money to the $108 billion erview High School in Shepherdsville members and friends. for the war in Iraq and Afghanistan. He in 2004. This U.S. Senate expresses its deep- said that is all the President has asked Growing up, Tom belonged to his est gratitude for LCpl Thomas P. for. school’s football and track teams. He Echols’s life of service. And we express I hope Mr. Nussle will reconsider. I played video games and paintball. And our deepest gratitude for the Echols certainly hope the President will re- in high school he participated in Jun- family, for nurturing this man, patriot, consider. What is at issue is not a po- ior ROTC and the drill team, perhaps and marine who answered the call in litical fight. What is at issue is a fight preparing himself for the military life his country’s time of need. for food so some of the poorest people he hoped would lie ahead. f on Earth can survive. The United Tom chose to pursue service in uni- WEEK OF THE YOUNG CHILD States will have a chance to dem- form by the time high school gradua- onstrate to the world our values and tion rolled around. His father, Kurt Mr. REID. Mr. President, I wish to what we stand for. I hope we can do Echols, remembers his son thinking of recognize the Week of the Young Child, that by adding to this supplemental a career in the Armed Forces as early taking place this week, April 13 funding bill enough money to provide as middle school. Perhaps Tom drew in- through 19. assistance to people around the world spiration from his father, a veteran Sponsored by the National Associa- who face deprivation and starvation be- himself. tion for the Education of Young Chil- cause of the current global food crisis. Tom ‘‘was a good kid, loved sports, a dren, the Week of the Young Child is f big Michigan fan,’’ Kurt says of his held annually to honor young children son, and remembers him as someone and those who make a difference in MORNING BUSINESS who always enjoyed a good joke. their lives. This year’s theme is ‘‘Bring Mr. DURBIN. Mr. President, I ask In the fall of 2004, Tom enlisted in Communities Together for Children— unanimous consent that the Senate the U.S. Marine Corps. He was a mem- Children Bring Communities To- proceed to a period of morning busi- ber of the 1st Battalion, 6th Marine gether’’. This week presents an oppor- ness, with Senators permitted to speak Regiment, 2nd Marine Division from tunity for us all to focus on the needs for up to 10 minutes each. Camp Lejeune, NC, and during his de- of the 20 million young children around The PRESIDING OFFICER. Without ployment to Iraq, his regiment fell the country. It shines a light on the objection, it is so ordered. under the command of the First Marine importance of issues like affordable f Expeditionary Force, Forward. childcare for working families, access Tom’s longtime friend Tim to quality early childhood educational HONORING OUR ARMED FORCES Zamboroski was sorry to see the child- programs, and the availability of ade- LANCE CORPORAL THOMAS P. ECHOLS hood buddy he had grown up with quate health care. Mr. MCCONNELL. Mr. President, I whisked away to the other side of the As a father and a grandfather, I am rise today because a brave man from world. As kids, Tom and Tim used to troubled by the fact that so many Kentucky has fallen in the far-away play baseball together in the backyard. young children in this country live country of Iraq. LCpl Thomas P. As men, they would trade e-mails back with the effects of poverty and inad- Echols was tragically killed on Decem- and forth from America to Iraq. equate health and child care every day. ber 4, 2006, during combat operations in ‘‘I think he was pretty happy with It is estimated that 24 percent of Amer- the city of Ramadi. The Shepherds- serving the country,’’ Tim says. ‘‘I’m ican children under the age of 6 live in ville, KY, native was 20 years old. going to miss him.’’ When he heard poverty and 24 percent of those chil- Lance Corporal Echols was serving Tom had been killed, Tim says he felt dren are without health insurance. In his second deployment in Iraq. For his as if he had lost a brother. addition, although nearly 50 percent of valor as a U.S. Marine, he received sev- Lance Corporal Echols drove working families rely on outside eral medals, awards, and decorations, humvees during his first tour in Iraq, childcare, fees for these programs are including the National Defense Service and by his second tour had become an skyrocketing, leaving them out of Medal, the Navy and Marine Corps infantryman. reach for too many. The Week of the Commendation Medal, and the Purple While serving in the Marine Corps, he Young Child highlights the role of the Heart. also became a husband, after asking Federal, State, and local governments,

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6352 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 as well as private organizations and ties for the Nation’s youth. But there We have come a long way in assuring the general public, in alleviating these is still much more to be done. that our Nation’s young children have problems and working toward a strong- The research is clear—high quality access to the supports and services er, healthier community. early education makes a profound dif- they need, but our mission is far from The Week of the Young Child also ference in the lives of children, espe- complete. This is no time for com- gives us an opportunity to recognize cially at-risk children. In fact, many plaining. We must continue to expand and celebrate the programs and organi- experts believe that 85 percent of a our support for our nation’s youngest zations that provide vital services to child’s intellect is established before a children, for they truly are America’s young children and their families. For child reaches the age of five. Unless we future. Let’s use this ‘‘Week of the example, the Head Start Program pro- begin to educate at-risk children before Young Child’’ to emphasize that vital vides comprehensive early education they reach kindergarten, we may lose point for communities across our great and health services to almost 1 million them forever. Students who start country. low-income preschool children to help school behind tend to stay behind, and f them prepare for and succeed in school. early childhood education makes all Additionally, the Child Care and De- the difference. Those who have access COMMEMORATION OF THE 265TH velopment Block Grant, CCDBG, pro- to high quality early childhood edu- ANNIVERSARY OF THE BIRTH OF vides funding to States for childcare cation are 30 percent more likely to THOMAS JEFFERSON services for low-income families and graduate from high school, twice as likely to go on to college, and are 40 Mr. WARNER. Mr. President, on activities intended to improve the April 13, 2008, America celebrated the overall quality and supply of childcare. percent less likely to need expensive special education programs or be held 265th anniversary of the birth of Thom- For families transitioning to financial as Jefferson, who first served as Vice independence, CCDBG-funded services back a grade. But the positive benefits extend be- President and then subsequently was play an especially significant role. elected as the Nation’s third President Investing in America’s young chil- yond the classroom. Early childhood education helps to break the dev- in 1801. He deemed his proudest dren is one of the best steps we can achievement to be the ‘‘Father of the take to ensure the future success of our astating cycle of crime and poverty. Nobel Laureate James Heckman’s University of Virginia.’’ Nation. I am pleased to recognize the As part of the national celebration, Week of the Young Child, and I extend study of at-risk boys who receive qual- ity early education shows that less President and Mrs. Bush invited distin- my thanks to those in Nevada—and guished scholars and others to pay around the country—who provide for than 10 percent of the boys who partici- pated would be convicted of a crime tribute to the extraordinary achieve- our young children on a daily basis. ments of this great American. I was Mr. KENNEDY. Mr. President, today and less than 2 percent would end up on welfare—rates significantly lower than privileged to attend along with John ALAZAR’s I strongly support Senator S Casteen, current president of the Uni- resolution designating this week, the those who did not receive such edu- versity of Virginia, and many other in- third week in April, as the ‘‘Week of cation. Quality early education programs are vited guests from the Commonwealth the Young Child.’’ I hope the resolution supportive of young children in ways of Virginia. represents a new commitment by all of that enable them to become productive Given the importance of this occa- us in Congress to strengthen the serv- members of society. By cultivating sion and the respectful tributes deliv- ices young children need to become full educated, law abiding members of soci- ered by the President, the First Lady, and productive members of our society ety we help to guarantee our national and two eminent scholars, I wish to in the years ahead. competitiveness, the stability of our record this event for the American peo- Last year’s reauthorization of the economy and the fabric of our commu- ple. Head Start Act was a significant step nities for the years ahead. Early child- Mr. President, I ask unanimous con- in the right direction to assure access hood education creates better students, sent to have printed in today’s RECORD to quality early childhood education. better workers and better citizens. a detailed speech. I was privileged to The act expanded coverage to families We must invest in such education for go to the White House on Monday, just above the poverty line and pro- sake of our students and our national when the President celebrated, with vided additional flexibility to assist well being. We know the best way to many others, the 265th anniversary of more poor families as they make the ensure that our students receive qual- Thomas Jefferson. Those remarks are transition to work and struggle to keep ity early education is by giving them a so prized, particularly in my State, but up with the rising cost of living in to- highly qualified teacher. Yet, early all across America, that I wish to put day’s new economy. We also renewed childhood educators continue to be the content of those speeches in to- our commitment to underserved popu- overworked and undervalued in our so- day’s RECORD. lations, such as Native Americans and ciety. Prekindergarten teachers get There being no objection, the mate- migrant and seasonal farm worker fam- paid on average less than half what an rial was ordered to be printed in the ilies, and worked to ensure that every elementary school teacher gets paid. RECORD, as follows: teacher in every Head Start classroom The Bureau of Labor statistics esti- THE WHITE HOUSE, is highly qualified. mates that the average salary of a pre- In addition, the reauthorization es- OFFICE OF THE PRESS SECRETARY, school teacher is $21,730—closer to the April 14, 2008. tablished an Early Childhood Edu- salaries of school bus drivers, at cation Advisory Council to assess the REMARKS BY THE PRESIDENT AND FIRST LADY $22,890, than any other group of edu- IN HONOR OF THOMAS JEFFERSON’S 265TH needs children in of early childhood cators, all with median salaries over BIRTHDAY programs and develop a comprehensive $44,000. THE PRESIDENT: Thank you all. Thanks plan for improving the quality of serv- Inadequate wages make it nearly im- for coming. Please be seated. Welcome to the ices provided. That effort will improve possible to recruit and retain qualified White House. Laura and I are so honored you professional development, upgrade early childhood educators. The number are here. I welcome members of my Cabinet, standards, enhance connections among of childcare providers with bachelor’s members of the United States Senate, folks programs, and improve data collection. degrees declines year after year, and who work in the White House, the Governor States ready to take on the challenge neither their wages nor the high rates of Virginia and Anne Holton. Thank you all of implementing these needed improve- of turnover are acceptable. We must for coming. We’re really happy you’re here. ments qualify for inventive grants to We’re here tonight to commemorate the make it a national priority to guar- 265th birthday of Thomas Jefferson, here in a get that work underway. Together antee that early childhood educators room where he once walked and in a home these reforms strengthen our commit- are paid and supported in a manner where he once lived. In this house, President ment to provide both quality childcare, that reflects their valuable contribu- Jefferson spread the word that liberty was and quality early learning opportuni- tions to our Nation’s future. the right of every individual. In this house,

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6353 Jefferson sent Lewis and Clark off on the ronment, and UVA’s philosophy of student struction, and if any of you have lived mission that helped make America a conti- self-governance epitomizes our third Presi- through a house remodeling, you know how nental nation. And in this house, Jefferson dent’s democratic ideals. conducive that is to family harmony. Right? was known to receive guests in his bathrobe The 18 men I now introduce are heirs to Jefferson lived in a construction zone his en- and slippers. (Laughter.) Laura said no. this tradition. The Virginia Gentlemen are tire life. (Laughter.) I don’t have a bathrobe. (Laugh- UVA’s oldest a cappella vocal ensemble. What were Jefferson’s architectural ter.) They perform for distinguished audiences achievements? He wrote to his close friend With a single sentence, Thomas Jefferson across the country and around the world. To- James Madison (later an occupant of this changed the history of the world. After night is their first performance at the White building): countless centuries when the powerful and House, and we’re happy to have them. ‘‘But how is a taste in the beautiful art to the privileged governed as they pleased, Jef- Here to perform a few musical selections, be formed in our countrymen, unless we ferson proclaimed as a self-evident truth including the University of Virginia’s school avail ourselves of every occasion when public that liberty was a right given to all people song, please welcome the Virginia Gentle- buildings are to be erected, of presenting to by an Almighty. men. (Applause.) them models for their study and imitation? Here in America, that truth was not fully .... You see I am an enthusiast on the sub- ject of the arts. But it is an enthusiasm of realized in Jefferson’s own lifetime. As he RICHARD GUY WILSON, which I am not ashamed, as its object is to observed the condition of slaves in America, COMMONWEALTH PROFESSOR, improve the taste of my countrymen, to in- Jefferson said, ‘‘I tremble for my country ARCHITECTURAL HISTORY, when I reflect that God is just’’ and ‘‘that his University of Virginia. crease their reputation, to reconcile them to the rest of the world, and procure them its justice cannot sleep forever.’’ Less than 40 MR. PRESIDENT, MRS. BUSH, AND LADIES praise.’’ TJ to James Madison, September 20, years after his death, justice was awakened AND GENTLEMEN: Thank you—an honor to in America and a new era of freedom dawned. speak on Thomas Jefferson and his architec- 1785. This letter of 1785 was on the occasion of Today, on the banks of the Tidal Basin, a tural accomplishments. Thomas Jefferson his design of the Virginia State Capitol in statue of Thomas Jefferson stands in a ro- knew this house very well,—he was the first tunda that is a memorial to both the man Richmond. I would argue the Virginia Cap- full time occupant—John Adams resided here itol—or state house—is his most important and the ideas that built this nation. There, for barely 4 months. The house remained un- on any day of the week, you will find men building, a large Roman temple that stands finished, many rooms—such as this one, were on Shockoe Hill in Richmond—originally and women of all creeds, colors, races and re- large bare brick caverns, there was no grand overlooking the James River. The Virginia ligions. You will find scholars, school- staircase, and the floors were rough. Visitors Capitol is one of the first major public build- children and visitors from every part of our recalled that Jefferson kept several tables of ing constructed after the Revolution, and its country. And you will find each of them tools . . . one apparently in this room . . . classical ancestry helped to determine the looking upward in quiet reflection on the lit- described as ‘‘a long table’’ that contained look of American governmental architecture urgy of freedom—the words of Thomas Jef- hammers, chisels, and other implements, and for the next several centuries. Instead of red ferson inscribed on the memorial’s walls. the visitors remember him taking the tools brick and skimpy classical details Jefferson The power of Jefferson’s words do not stop to fix locks, pound in nails in window mold- gave us a governmental image. at water’s edge. They beckon the friends of ings as well as work in the garden. Thomas Jefferson is sometimes labeled a liberty on even the most distant shores. Jefferson had offered his own designs for ‘‘gentleman’’ or an ‘‘amateur’’ architect but They’re a source of inspiration for people in the Executive Mansion or President’s house this is a misnomer. Yes, he was self-trained, young democracies like Afghanistan and as it was known back in 1791–92, along with but there were no architectural schools (they Lebanon and Iraq. And they are a source of plans for the U.S. Capitol; this he projected were not invented in this country until the hope for people in nations like Belarus and as a great domed structure. But Washington, 1860s), rather he learned from books and he Burma, Cuba, Venezuela, Iran, Syria, North apparently, rejected his schemes and com- had the largest architectural library in the Korea and Zimbabwe, where the struggle for petitions were held. Jefferson served as sec- young republic, and he did the drawings, he freedom continues. retary of state in the 1st Washington admin- figured the specifications . . . How many Thomas Jefferson left us on July 4, 1826— istration and that office—Secretary of bricks? How much timber? How much glass fifty years to the day after our Declaration State—was a bit different than today, since to order, and he superintended the construc- of Independence was adopted. In one of the it included internal administration as well tion. Jefferson designed houses, his own and great harmonies of history, his friend and as foreign affairs. Jefferson also offered his those for friends, utilitarian buildings such rival John Adams died on the very same day. scheme for laying out Washington, D.C., (re- as shops, farm structures, court houses, a Adams’ last words were, ‘‘Thomas Jefferson member this is a ‘‘new city’’ and created in jail (we think) and he frequently offered his survives.’’ And he still does today. And he the 1790s) and Jefferson’s advice . . . not to wisdom to his colleagues (he was ‘‘Mr. Sug- will live on forever, because the desire to mention his loan of maps . . . is fundamental gestion Box’’). But . . . and this makes him live in freedom is the eternal hope of man- to the plan along with the great mall devel- an amateur . . . he was never paid, he did it kind. oped by Major Pierre Charles L’Enfant. all gratis. And now it’s my pleasure to welcome To return here to this building—the White Although the Virginia State Capitol is his Wilfred McClay to the stage. (Applause.) House—(officially so named in 1901), Jeffer- most important building—because of its leg- * * * * * son while president designed a number of ad- acy. . .his greatest I would argue—is the MRS. BUSH: Thank you very much, Mr. ditions including wings, the gardens, and ‘‘academical village,’’ of the University of McClay and Mr. Wilson. Thank you so—for then he commissioned his close friend Ben- Virginia. It is totally his creation—yes . . . your reflections on Thomas Jefferson’s life jamin Henry Latrobe—who he also appointed he did ask for suggestions and advice—as any and his contributions to our nation, and in 1803 as the Architect of the Capitol—to de- wise person does—but it was or is his concept thanks to each of you for joining us today so sign both the north and south porticos; of what is the appropriate setting for edu- we can learn more about the legacy of one of Latrobe’s porticos are the most distin- cation. Jefferson felt that one learned as America’s most influential founding fathers. guishing external element of the building. It much from your environment as from the Thomas Jefferson believed that education took many years to get the porticos built professor gabbing away in a class room. The is the cornerstone of a free society, so it’s . . . things were not that different then as University is great lawn enclosed on 3 sides therefore little surprise that he viewed the now on getting government projects under- and open at the end. Pavilions for the profes- founding of the University of Virginia as one way, and finished. sors and dormitory rooms for the students on of his top achievements, as we know from I have outlined Thomas Jefferson’s in- the two long sides are tied together by col- both of your talks. He called the building of volvement in this building to make a onnades of classical columns of various or- this school the last service he could render point,—the buildings he lived in, their style, ders and sizes. Dominating the composition his country, saying, ‘‘Could I see it open? I appearance, the furnishings—rugs, drapes, at one end is the Rotunda, a great domed would not ask an hour more of life.’’ chairs—and gardens were critical to him. As building that housed the library. Based upon But in fact Thomas Jefferson lived a little he once said: ‘‘Architecture is my delight, the Pantheon in Rome, considered one of the over a year after the University of Virginia and putting up and pulling down one of my great and most perfect monuments of antiq- opened its doors. During this time he was in- favorite amusements.’’ Jefferson was ob- uity, Jefferson has taken an ancient symbol, volved in the University activities, and he sessed, wherever he lived, whether in Char- the dome of the cosmos to the Romans, the invited students, including a young Edgar lottesville, Williamsburg, or Poplar Forest, dome of the heavens to Christianity, unity Allan Poe, to dine with him each Sunday at all in Virginia, or in Philadelphia during the for our Capitol, and transformed it once nearby Monticello. 1770s, New York, 1790s, or Paris, 1784–89. again, it becomes the dome of enlighten- Today, Jefferson still shapes the lives of When he was the American Ambassador to ment, of reason, it is the library, the mind of the students at the school he founded. The the Court of Louis XVI, he remodeled his the university. In his hands the library be- architecture of his academical village en- quarters even though he didn’t own them. came the central element—symbol of the courages free study in a collaborative envi- Monticello was in a constant state of con- modern university.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6354 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 Jefferson saw his accomplishments in a served two full terms as President of the withdrew entirely from public life, first in very particular way, and he both designed United States—which I think we all agree is the 1780s, after a disappointing term as gov- his obelisk shaped tombstone at Monticello no shabby achievement!—was in the second ernor of Virginia, then the second time at and ordered it would contain a very par- or third tier of their accomplishments? the conclusion of his presidency, when he ticular statement . . . (He was ‘‘Mr. Control’’ Some will object that all this praise fails left Washington disgusted and exhausted, to the end). It contains nothing, nothing . . . to do justice to the flaws in our subject. And anxious to be rid of the place. As he wrote a about public offices he had occupied. What it that is true enough. Should we then begin, as friend, ‘‘Never did a prisoner, released from does say is: ‘‘Here was buried Thomas Jeffer- is overwhelmingly the fashion today, by em- his chains, feel such relief as I shall on shak- son Author of the Declaration of American phasizing Jefferson’s complexity, his con- ing off the shackles of power.’’ Never was he Independence of the Statute of Virginia for tradictions, his shortcomings? That might happier than when ensconced in his Monti- Religious Freedom and Father of the Univer- not seem very charitable, or in keeping with cello retreat, his ‘‘portico facing the wilder- sity of Virginia.’’ Two writings which are the spirit of the occasion. But it would have ness’’ that he loved and found renewal in. fundamental to our American freedoms and the Jeffersonian virtue of honesty. And there At bottom, I think Jefferson is best under- the institution by which they would be car- are negative aspects of Jefferson’s life and stood as a man of letters. Literally. Jeffer- ried out. career that simply cannot be denied. son wrote almost 20,000 letters in his life- No one can deny that although Jefferson time, and it is in these letters that he seems JEFFERSON BIRTHDAY CELEBRATION REMARKS opposed slavery in theory, he consistently to have felt freest and most fully himself. Al- (By Wilfred M. McClay, Apr. 14, 2008) failed to oppose it in practice, including no- though he complained to John Adams that tably in the conduct of his own life at Monti- Thank you, Mr. President, for your warm he suffered ‘‘under the persecution of let- cello. ters,’’ the opposite seems to have been the welcome, and for the great honor of taking No one can deny that Jefferson’s racial part in this celebration of Thomas Jeffer- case. This was a man who lived much of his views, particularly as expressed in his book life inside his own head, and it is in these son’s life. Notes on the State of Virginia, are appalling It is always hard to know where to begin letters that he comes most fully alive for us. by today’s standards. He seems to have needed the buffer of letters with Thomas Jefferson. His early biographer No one can deny that Jefferson often prac- James Parton described Jefferson in 1775— interposed between himself and the world; ticed a very harsh brand of politics. His fa- but with that buffer in place, the otherwise one year before he wrote the Declaration of mously conciliatory words ‘‘We are all Re- Independence—as ‘‘a gentleman of thirty- awkward and taciturn Jefferson became publicans, we are all Federalists’’ in his more open, wonderfully expressive and re- two, who could calculate an eclipse, survey First Inaugural Address were quickly belied an estate, tie an artery, plan an edifice, try sponsive to his correspondents. by his ferocious partisanship, which was re- It was in his letters to Maria Cosway that a cause, break a horse, dance a minuet, and lentlessly aimed at stigmatizing the Fed- play the violin.’’ And at that point in his we glimpse his passionate nature, and the eralist party and driving it out of existence. struggles between head and heart that pre- life, he was just getting warmed up. Nor can one deny that his greatest act as So how can we take his measure? Should occupied much of his inner life. It is in his President, the Louisiana Purchase, and his letters to his nephew Peter Carr that we see we start by recounting his political accom- worst, the Embargo Act, both represented a plishments over four decades of public serv- his thoughts as a preceptor and wise guide to complete repudiation of his most basic prin- the world’s ways. And it was in his magnifi- ice, ranging from his entry into the Virginia ciples about the dangers of big government House of Burgesses in 1769 to his retirement cent correspondence with his old rival John and strong executive authority. Adams, a dialogue that spanned fifty years from public life in 1809, after two terms as These are not small flaws, nor are they the until their deaths in 1826, that Jefferson the third President of the United States? only ones. We are not wrong to insist upon most fully explored the deeper meaning of Or do we stress instead his influence in the their being remembered, even on this day. the American experiment. He was constantly world of ideas, through his powerful writings Still, the compulsion to criticize Jefferson using his correspondence to organize and in support of American independence—the has gone too far. Jefferson is, I believe, one sharpen his thinking, and it is there that we greatest of these being, of course, the Dec- of the principal victims of our era’s small- see him most fully and vividly. laration of Independence itself, with its stir- minded rage against the very idea that im- In any event, it is for his ideas, above all ring invocation of the God-given rights of perfect men can still be heroes—and that we else, that we honor Jefferson; and for the every individual human being—words that badly need such heroes. We have been living cause of human freedom and human dignity changed the course of human history, and through an era that feels compelled to cut that he so eloquently championed. His continue to do so today? the storied past down to the size of the tab- failings may weigh against the man, but not Or Jefferson’s keen and unflagging interest loid present. Perhaps the time has come for against the cause for which he labored so in natural science, as evidenced by his serv- that to change. ice as president of the American Philo- For when all is said and done, Thomas Jef- mightily. That should be a lesson to us sophical Society from 1797 to 1815, years that ferson deserves to be remembered and re- today. Like Jefferson, we are carriers of overlap his entire tenure as President of the vered as a great intellect and great patriot, meanings far larger than we know, meanings United States? whose worldwide influence, from Beijing to whose full realization cannot be achieved in Or his love of architecture, as embodied in Lhasa to Kiev to Prague, has been incalcu- our lifetime, or even be fully understood by the graceful neoclassical home Monticello lable, and whose belief in the dignity and un- us, but which we are nevertheless charged to that he designed and built for himself near realized potential to be found in the minds carry forward as faithfully as we can. But unlike Jefferson, we have the benefit his Virginia birthplace on what was then the and hearts of ordinary people is at the core of being able to stand on his shoulders, with western edge of settlement? of what is greatest in the American demo- his words to direct and inspire us. ‘‘We Not to mention his overwhelming passion cratic experiment. It is in this sense that knew’’ about Jefferson’s faults, said the civil for gadgetry, which invariably impresses James Parton was absolutely correct in rights leader, Representative John Lewis. visitors to Monticello, who nearly always re- making the following proclamation: ‘‘If Jef- ‘‘But we didn’t put the emphasis there. We member the revolving bookstand, the dumb- ferson is wrong, America is wrong. If Amer- put the emphasis on what he wrote in the waiter, the copying machine, the automatic ica is right, Jefferson was right.’’ double doors, the Great Clock, the triple- Of course, we want to know more than Jef- Declaration.... His words were so power- sash window, and countless other gizmos ferson’s words; we want to feel that we know ful. His words became the blueprint, the that the ever-inventive Jefferson himself ei- the man himself. But that is exceptionally guideline for us to follow. From those words ther designed or adapted. hard with Jefferson. He eludes our grasp. He you have the fountain.’’ And what about his founding of the Univer- may well have been the shyest man ever to It is the same fountain that today, 265 sity of Virginia in nearby Charlottesville, occupy the office of President, awkward and years after Jefferson’s birth, still nourishes whose serenely beautiful central grounds he taciturn except in small and convivial set- our lives, and shows no sign of running dry. also designed? Or his great contributions to tings, such as small dinner parties, where he Today is a good day to drink from it anew. the cause of religious and intellectual lib- could feel at his ease, and shed some of his f erty, which for him were essential to the dig- reticence. nity of the individual person, and central to He loathed public speaking, giving only 125TH ANNIVERSARY OF THE NA- the work of a great university? two major speeches while President, and TIONAL CRITTENTON FOUNDA- You all probably know that Jefferson, that none on the campaign trail. He often felt TION inveterate designer, even designed his own that the work of politics ran against his na- Mr. KENNEDY. Mr. President, today tombstone, and specified the only things it ture, and complained that the Presidency marks the 125th anniversary of The Na- was to say about his life: that he wrote the was an office of ‘‘splendid misery,’’ which tional Crittenton Foundation, the na- Declaration and Virginia’s Statute of Reli- ‘‘brings nothing but increasing drudgery & gious Freedom, and that he was Father of daily loss of friends.’’ tionwide organization that supports the University of Virginia. Of how many Add to that the fact that he had more than empowerment, self-sufficiency, and an other men can it be said that their having a little bit of the recluse in him. Twice he end to cycles of destructive behavior

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6355 and relationships by at-risk girls and 2008, after a distinguished and illus- She won the Democratic nomination, young women. The organization began trious career spanning 50 years as a but subsequently was defeated in the as the National Florence Crittenton public servant in the State of Cali- general election. Mission, founded in 1883 by 19th cen- fornia. In 1979, Mrs. Burke was appointed by tury philanthropist Charles Crittenton I wish to extend to Mrs. Burke, who the Governor of California to fill a va- of New York City a year after his served as a Representative of Califor- cancy in the Fourth Supervisorial Dis- daughter Florence died at the age of 5. nia’s 37th Congressional District from trict in Los Angeles County and served His goal was to assist girls and young 1973 to 1979, my sincere congratulations in that capacity until the end of 1980. women in trouble, and in the years for the decades of dedicated service She also was appointed by the Gov- that followed, Florence Crittenton that she has given to her Nation, her ernor to serve on the Board of Regents Homes became famous in communities State, and her county. of the University of California in 1982. across the United States and in foreign She is currently serving as chair of Two years later, Mrs. Burke was se- countries as well. the Los Angeles County Board of Su- lected to serve as vice chair of the 1984 One of the leading members of the pervisors and is in the final year of her U.S. Olympics Organizing Committee. Foundation today is the Crittenton fourth term on the board. In 1992, she became the first African Women’s Union in Boston, which began For the past 15 years, she has rep- American elected to the Los Angeles as a Florence Crittenton Home in the resented the Second Supervisorial Dis- County Board of Supervisors. city in 1896. It was launched by a pio- trict. She played a significant role in the neering group of women activists who Supervisor Burke will be remembered 2000 Democratic National Convention, wanted it to be a ‘‘big sister’’ to ‘‘un- as a devoted public servant who hosting an event for hundreds of Afri- fortunate New England girls’’ young amassed numerous accomplishments can American elected officials nation- unmarried mothers in need of shelter and countless awards—in addition to wide. and moral guidance. inspiring women and minorities to pur- Supervisor Burke represents nearly In the years that followed these two sue careers in public service. 2.5 million residents in the Second Dis- organizations joined forces and com- As a product of the Los Angeles Uni- trict of the Nation’s largest county. bined with other organizations to cre- fied School District, Mrs. Burke devel- Her efforts primarily have focused on ate the Crittenton Women’s Union, oped an interest in public speaking and improving the lives of children, encour- which today empowers low-income participated in several citywide com- aging economic development, and im- women in our city by providing safe petitions during her high school years. proving transportation throughout Los housing, caring support services, edu- Her involvement in these events and Angeles, as well as promoting public cation, and workforce development many extracurricular activities helped social services, health care for the un- programs. her to obtain scholarships to the UC insured, and affirmative action for In addition to using its on-the- Berkeley and later at UCLA. women and the economically disadvan- ground experience to shape public pol- In 1956, Mrs. Burke received a law de- taged. icy and achieve social change, gree from the University of Southern In addition, she has taken the lead in Crittenton Women’s Union is also Mas- California School of Law. establishing a county archives system. sachusetts’ largest provider of transi- It was difficult for women, particu- These are just some of Yvonne Brath- tional housing for homeless mothers larly African Americans, to practice waite Burke’s significant accomplish- and their children and the founder of law, because many private law firms ments. New England’s first transitional home showed little interest in hiring women On behalf of the U.S. Senate and the for victims of domestic violence. The as attorneys. State of California, I extend my heart- organization continues its innovative So Mrs. Burke opened her own law of- felt gratitude for her immeasurable approach to today’s compelling social fice in Los Angeles. contributions throughout her renowned problems through its focus on work- She specialized in immigration and career. force development and post-secondary civil rights and fought segregation in With sincere best wishes, I congratu- school training to enable women to be- real estate law. late Supervisor Burke upon her retire- come economically self-sufficient. Mrs. Burke was active in the civil ment from elective office. Its services are further strengthened rights movement with memberships in And I am pleased to join her many by its unique partnership with the Na- various local and national organiza- coworkers; her family: her husband tional Crittenton Foundation, which tions. William, her daughter Autumn and gathers valuable insights from its na- She subsequently landed a staff at- stepdaughter Christine; friends; and as- tionwide network of frontline agencies torney position on the McCone Com- sociates in wishing her health, happi- and provides a forum to share best mission, which investigated the causes ness, and continued good fortune in her practices and shape national policies to of the 1965 Watts riots in Los Angeles. future endeavors. benefit all young women and girls at She became a spokesperson for the f risk. underrepresented and, through a grass- CONGRATULATING EASTER SEALS Today, 125 years after Charles roots campaign, won her first political Crittenton began his historic work as a office in 1966 as a California State Mr. BIDEN. Mr. President, I wish an agent for positive change for young assemblywoman. today to commend a standout chapter women and girls, Crittenton Women’s It was a position she held for the of a renowned organization, one that Union and the National Crittenton next 6 years. has been responsible for bringing light foundation remain true to his vision. I In 1972, Mrs. Burke became the first to the lives of countless Americans welcome this opportunity to commend African American woman—west of the throughout its existence. Easter Seals the Foundation and its extraordinary Mississippi River—to be elected to the Delaware and Maryland’s Eastern members on this special anniversary U.S. House of Representatives. Shore is celebrating its 60th year of for their continuing vision and com- She was selected to serve as vice providing critical help to those in need. mitment to their goals in Massachu- chair of the 1972 Democratic National In 1948, the organization was started setts and throughout the Nation. Convention in Miami and later on the to meet the needs of children with dis- f House Select Committee on Assassina- abilities, and it has grown exponen- tions. tially since then. This chapter served TRIBUTE TO YVONNE She also was the first Congress- 18,000 Delawareans last year through BRATHWAITE BURKE woman to give birth while in office. eight locations, and they now have an Mrs. FEINSTEIN. Mr. President, Mrs. Burke did not seek re-election annual operating budget of $15 million. today I honor Yvonne Brathwaite to Congress in 1978 but instead ran for The services provided by the staff Burke, who is retiring at the end of attorney general of California. and volunteers at Easter Seals are well

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6356 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 known: speech and hearing therapy, as- same sense of hope for the future has Wawokiye Business Institute. The sistive technology, and job training are allowed the people of Israel to per- Wawokiye Institute gives specialized just a few of the ways they help chil- severe in the face of continual assaults assistance to entrepreneurs who are dren and adults with disabilities lead on its very existence, whether they are working toward realizing their goal of independent lives in their commu- in the form of war, terrorism, or assas- business success. Through his work and nities. sination. presentations on traditional entrepre- As we embark on spring this year, it As Israel celebrates this milestone, I neurship, many people around the is appropriate to recall the symbol of am proud to say that the United States world gained a better understanding of Easter Seals: the lily. The lily makes has been by its side, offering support the business instincts of native people us all think of rebirth and new life, and assistance, and watching it grow throughout history. which is exactly what Easter Seals pro- into an unparalleled partner in pro- Harvey also led the newly formed Og- vides to those they help. It is why the moting the ideals of democracy, per- lala Lakota Cancer Survivors, Inc., on lily has appeared on every Easter sonal freedom, and human rights. Pine Ridge, which is an effort to bring ‘‘Seal’’ produced since the 1950s. The United States has also tirelessly together those survivors and their fam- I would be remiss if I thanked Easter supported Israel as it continues to seek ilies to talk about cancer and the Seals Delaware and Maryland’s Eastern lasting peaceful coexistence with its unique circumstances that native peo- Shore without recognizing its driving neighbors to bring a permanent end to ple face. Harvey was taken from us too soon. I force for the last half century. Sandra years of suffering and senseless vio- would like to extend my deepest condo- Tuttle, who has been associated with lence. And we will continue to be there lences to his family and his friends in the organization for nearly 50 years— to support them in that effort. this time of great loss and encourage including as its president and CEO When Yitzhak Rabin went before the them to go forward with Harvey’s ef- since 1978—is stepping aside from her Knesset in October 1995 to discuss the forts.∑ formal role. Her leadership has been ratification of the Israeli-Palestinian the engine of this remarkable organiza- interim agreement, he said the fol- f tion; her devotion, professionalism, and lowing: THE LOUISIANA HONOR AIR guidance are known to all associated ‘‘Here, in the land of Israel, we re- ∑ Mr. VITTER. Mr. President, today I with Easter Seals. turned and built a nation. Here, in the wish to acknowledge and honor a very I wish her the best of luck in all her land of Israel, we established a state. special group, the Louisiana HonorAir. future endeavors and thank her from The land of the prophets, which be- Louisiana HonorAir is a not-for-profit the bottom of my heart for what she queathed to the world the values of group that flies as many as 200 World has helped this organization become. morality, law and justice, was, after War II veterans a year up to Wash- The lives she has touched are without two thousand years, restored to its ington, DC, free of charge. On April 26, number. She truly is an angel walking lawful owners—the members of the 2008 a group of 99 veterans will reach among us. Jewish people. On its land, we have Washington as part of this very special I know I am not the first to thank built an exceptional national home and program. Easter Seals in this Chamber, and I state.’’ I want to take a moment to thank all doubt I will be the last. This incredible Israel is indeed an exceptional nation the brave veterans visiting our Capitol organization, started by a few people state, and this milestone is a great tes- city this trip: trying to make a difference for dis- tament to the hope, faith, and perse- Richard S. Allain; Wilton J. Aucoin, Sr.; abled children, has blossomed into the verance of the Jewish people. I offer Henry E. Babineaux; Nolan P. Barras; James model for all such groups in America. I my congratulations to Israel on the R. Bazet, Sr.; Raymond R. Beadle, Sr.; thank my local chapter for its work, 60th anniversary of its founding. George Beaugh, Sr.; John S. Becnel, Jr.; congratulate it on this momentous oc- Charles F. Berard; Dailey J. Berard; Cecile f M. Beyt; Raymond L. Bienvenu; Dewey D. casion, and hope that its influence will ADDITIONAL STATEMENTS Billodeau; Nelson C. Boudreaux; Jules C. continue to grow for years to come. Bourgeois; Alby J. Bourque; Roy J. Boutte, f Sr.; Adam T. Boyd; Gerald C. Braud; Minos J. Breaux. CONGRATULATING THE STATE OF TRIBUTE TO HARVEY WHITE Charles E. Broussard; Dennis J. Broussard; ISRAEL WOMAN Taylor J. Broussard, Jr.; Earl H. Brown, Sr.; Mrs. BOXER. Mr. President, it is a ∑ Mr. JOHNSON. Mr. President. I wish Leroy M. Burgess; Dracos D. Burke; Leroy J. privilege to be able to offer my most to recognize a distinguished member of Coulter; Perry J. Decuir; Alvy A. DeHart; the Oglala Sioux Tribe, Harvey White Rogers DeHart, Sr.; Charles L. sincere congratulations to the State of DeLahoussaye; Gustave A. Duhon; John N. Israel as it celebrates its 60th anniver- Woman. Harvey passed away on Mon- Fernandez; William S. Flores; Guy J. Folse; sary of independence. I am so proud day, March 31, 2008 following a brave Theresa D. Formeller; James T. Fulgham; that Israel has not only survived, but battle against a rare form of cancer. Claby J. Gary; Raymond H. George; Joseph has become one of the most prosperous Though he was only 44, he carried the C. Glorioso. and successful democracies anywhere wisdom and insight of many elders and Carlo J. Governale; Bert A. Guiberteau; in the world. worked in a positive way to educate Lloyd J. Guillory; James S. Hebert; Joseph V. Hebert; Julius M. Hebert; Oddie J. Hebert; The Israeli National Anthem, native and nonnative people on treaty Lawrence Lacy; Richard LaFleur; James W. Hatikvah, means, ‘‘The Hope.’’ That is and water rights. He was often asked to Lancios; Alfred S. Landry; Walter J. really what the modern State of Israel give presentations to adults and Latiolais, Sr.; Harold P. LeBlanc; Malcolm has been about over these 60 years. schoolchildren alike about the Fort F. LeCompte; Joseph H. LeGrand; Robert R. Founded after the horrors of the Holo- Laramie Treaty of 1868 as a way to edu- LeJeune; RosaMae Lopez; Ray A. Louviere; caust, the Jewish people created a cate the public, not only about the his- Charles T. Mahoney; Frank O. Maness, Jr. tory of this region of our country but Salvadore Marchese, Jr.; Edith L. place where their faith and history Mazurek; Mahlen M. Meaux; Chelly P. Men- could be secured and passed from gen- also about the promises that were doza; Woodrow P. Mendoza; Leroy E. Miller; eration to generation. In this place, made to native people. Leon J. Minvielle, Jr.; Louis P. Monte’; never again would dictators or fanatics In his work as an assistant to the Og- George P. Munson; Henry A. Myers, Sr.; be able to systematically persecute, lala Sioux Tribe’s Fifth Member’s of- Clifford D. Neal; James H. Newcomb, Sr.; terrorize, and murder entire commu- fice, Harvey’s voice could be heard re- Stewart L. Newman; Jewell D. Palmer; Ger- nities or an entire people. minding us as Members of Congress of ald F. Patout; Jules G. Patout; Rene L. Hope sustained the Jewish people our duties to uphold those treaty obli- Patout; Jasper P. Pennington; George W. Perry; Irwin M. Pierron. through 3,000 years of persecution that gations. He also served on the board of Thomas M. Randazzo; Griffin P. Reaux; culminated in the evils of the Holo- the Lakota Fund in Kyle and most re- Clyde R. Redmond; Donald A.J. Sanders; Jo- caust. And for the last 60 years, that cently as the first director of the seph A. Sarradet, Jr.; Clifton O.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6357 Schexnayder; Francis P. Schwing; George E. MESSAGES FROM THE HOUSE year 2007; to the Committee on Banking, Schwing; Jerry E. Shea, Sr.; George C. Housing, and Urban Affairs. Simar; Emile J. Tauzin; Paul A. Traywick; At 1:04 p.m., a message from the EC–5850. A communication from the Dep- Daniel L. Verret, Sr.; Laines W. Vincent; House of Representatives, delivered by uty Secretary, Division of Corporation Fi- RoseMary R. Walker; Johnnie A. Webb; Oli- Mrs. Cole, one of its reading clerks, an- nance, Securities and Exchange Commission, ver A. Williams, Jr.; Robert L. Williams; nounced that the House has passed the transmitting, pursuant to law, the report of Howard E. Winston. following bill, in which it requests the a rule entitled ‘‘Revisions to Form S–11 to While visiting Washington, DC, these concurrence of the Senate: Permit Historical Incorporation by Ref- erence’’ (RIN3235–AK02) received on April 15, veterans will tour Arlington National H.R. 2537. An act to amend the Federal 2008; to the Committee on Banking, Housing, Water Pollution Control Act relating to Cemetery, the Iwo Jima Memorial, the and Urban Affairs. beach monitoring, and for other purposes. Vietnam Memorial, the Korean Memo- EC–5851. A communication from the Direc- rial, and the World War II Memorial. f tor, Regulatory Management Division, Envi- This program provides many veterans ronmental Protection Agency, transmitting, with their only opportunity to see the ENROLLED BILL SIGNED pursuant to law, the report of a rule entitled great memorials dedicated to their At 2:16 p.m., a message from the ‘‘Approval and Promulgation of Implementa- service. House of Representatives, delivered by tion Plans; New York’’ (FRL No. 8554–8) re- Thus, today, I ask my colleagues to Ms. Niland, one of its reading clerks, ceived on April 11, 2008; to the Committee on Environment and Public Works. join me in honoring these great Ameri- announced that the Speaker has signed EC–5852. A communication from the Direc- cans and thanking them for their devo- the following enrolled bill: tor, Regulatory Management Division, Envi- tion and service to our Nation.∑ H.R. 5813. An act to amend Public Law 110– ronmental Protection Agency, transmitting, f 196 to provide for a temporary extension of pursuant to law, the report of a rule entitled programs authorized by the Farm Security ‘‘Lead; Renovation, Repair, and Painting MESSAGES FROM THE PRESIDENT and Rural Investment Act of 2002 beyond Program’’ ((RIN2070–AC83)(FRL No. 8355–7)) Messages from the President of the April 18, 2008. received on April 11, 2008; to the Committee United States were communicated to The enrolled bill was subsequently on Environment and Public Works. EC–5853. A communication from the Chief the Senate by Mr. Williams, one of his signed by the President pro tempore of the Publications and Regulations Branch, secretaries. (Mr. BYRD). Internal Revenue Service, Department of the f f Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Coordinated Issue: EXECUTIVE MESSAGES REFERRED ENROLLED BILL SIGNED Section 118—Characterization of Bioenergy As in executive session the Presiding At 3:05 p.m., a message from the Program Payments’’ (Docket No. LMSB–04– 0308–019) received on April 15, 2008; to the Officer laid before the Senate messages House of Representatives, delivered by from the President of the United Committee on Finance. Ms. Niland, one of its reading clerks, EC–5854. A communication from the Assist- States submitting sundry nominations announced that the Speaker has signed ant Secretary, Office of Legislative Affairs, which were referred to the appropriate the following enrolled bill: Department of State, transmitting, pursuant committees. S. 793. An act to provide for the expansion to law, a report relative to the International (The nominations received today are and improvement of traumatic brain injury Atomic Energy Agency’s programs in printed at the end of the Senate pro- programs. Burma, Cuba, Iran, North Korea, and Syria; ceedings.) to the Committee on Foreign Relations. The enrolled bill was subsequently EC–5855. A communication from the Acting f signed by the President pro tempore Assistant Legal Adviser for Treaty Affairs, REPORT RELATIVE TO THE AD- (Mr. BYRD). Department of State, transmitting, pursuant MINISTRATION’S INTENT TO ADD f to the Case-Zablocki Act, 1 U.S.C. 112b, as THE SOLOMON ISLANDS TO THE amended, the report of the texts and back- MEASURES REFERRED ground statements of international agree- LIST OF LEAST-DEVELOPED ments, other than treaties (List 2008–44— BENEFICIARY DEVELOPING The following bill was read the first 2008–54); to the Committee on Foreign Rela- COUNTRIES UNDER THE GENER- and the second times by unanimous tions. ALIZED SYSTEM OF PREF- consent, and referred as indicated: EC–5856. A communication from the Direc- ERENCES PROGRAM—PM 44 H.R. 2537. An act to amend the Federal tor, Strategic Human Resources Policy Divi- sion, Office of Personnel Management, trans- The PRESIDING OFFICER laid be- Water Pollution Control Act relating to beach monitoring, and for other purposes; to mitting, pursuant to law, the report of a rule fore the Senate the following message the Committee on Environment and Public entitled ‘‘Suitability’’ (RIN3206–AL08) re- from the President of the United Works. ceived on April 15, 2008; to the Committee on States, together with an accompanying Homeland Security and Governmental Af- report; which was referred to the Com- f fairs. mittee on Finance: ENROLLED BILL PRESENTED EC–5857. A communication from the Staff Director, U.S. Sentencing Commission, To the Congress of the United States: The Secretary of the Senate reported transmitting, pursuant to law, a report enti- In accordance with section that on today, April 17, 2008, she had tled, ‘‘2007 Annual Report and Sourcebook of 502(f)(1)(B) of the Trade Act of 1974, as presented to the President of the Federal Sentencing Statistics’’; to the Com- amended (the ‘‘Act’’), I am providing United States the following enrolled mittee on the Judiciary. notification of my intent to add the bill: f Solomon Islands to the list of least-de- S. 793. An act to provide for the expansion INTRODUCTION OF BILLS AND veloped beneficiary developing coun- and improvement of traumatic brain injury JOINT RESOLUTIONS tries under the Generalized System of programs. The following bills and joint resolu- Preferences (GSP) program. In Execu- f tive Order 12302 of April 1, 1981, the Sol- tions were introduced, read the first omon Islands was designated as a bene- EXECUTIVE AND OTHER and second times by unanimous con- ficiary developing country for purposes COMMUNICATIONS sent, and referred as indicated: of the GSP program. After considering The following communications were By Mr. INHOFE: the criteria set forth in sections 501 laid before the Senate, together with S. 2876. A bill to provide for the convey- and 502 of the Act, I have determined ance of approximately 140 acres of land in accompanying papers, reports, and doc- the Ouachita National Forest in Oklahoma that it is appropriate to extend least- uments, and were referred as indicated: to the Indian Nations Council, Inc., of the developed beneficiary developing coun- EC–5849. A communication from the Chair- Boy Scouts of America, and for other pur- try benefits to the Solomon Islands. man, Federal Financial Institutions Exam- poses; to the Committee on Agriculture, Nu- GEORGE W. BUSH. ination Council, transmitting, pursuant to trition, and Forestry. THE WHITE HOUSE, April 17, 2008. law, the Council’s Annual Report for fiscal By Mr. REID (for Mrs. CLINTON):

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S. 2877. A bill to improve and enhance re- S. 2888. A bill to protect the property and Ms. LANDRIEU, Mr. LAUTENBERG, Mr. search and programs on cancer survivorship, security of homeowners who are subject to LEAHY, Mr. LEVIN, Mr. LIEBERMAN, and for other purposes; to the Committee on foreclosure proceedings, and for other pur- Mrs. LINCOLN, Mr. LUGAR, Mr. MAR- Health, Education, Labor, and Pensions. poses; to the Committee on Banking, Hous- TINEZ, Mr. MCCAIN, Mrs. MCCASKILL, By Mr. CORNYN (for himself, Mr. AL- ing, and Urban Affairs. Mr. MENENDEZ, Ms. MIKULSKI, Ms. EXANDER, Mr. BUNNING, Mr. DEMINT, By Mr. AKAKA (by request): MURKOWSKI, Mrs. MURRAY, Mr. NEL- Mrs. DOLE, Mr. GRAHAM, Mr. HATCH, S. 2889. A bill to amend title 38, United SON of Florida, Mr. NELSON of Ne- Mr. MARTINEZ, Mr. ROBERTS, and Mr. States Code, to improve veterans’ health braska, Mr. OBAMA, Mr. PRYOR, Mr. SESSIONS): care benefits, and for other purposes; to the REED, Mr. ROBERTS, Mr. ROCKE- S. 2878. A bill to amend the Labor-Manage- Committee on Veterans’ Affairs. FELLER, Mr. SALAZAR, Mr. SANDERS, ment Reporting and Disclosure Act of 1959 to By Mr. MCCAIN (for himself, Mr. KYL, Mr. SCHUMER, Mr. SESSIONS, Mr. provide for specified civil penalties for viola- Mr. BURR, Mr. GRAHAM, Mr. MAR- SHELBY, Mr. SMITH, Ms. SNOWE, Mr. tions of that Act, and for other purposes; to TINEZ, Mr. WARNER, Mr. CHAMBLISS, SPECTER, Ms. STABENOW, Mr. STE- the Committee on Health, Education, Labor, Mr. LIEBERMAN, and Mr. SUNUNU): VENS, Mr. SUNUNU, Mr. TESTER, Mr. and Pensions. S. 2890. A bill to amend the Internal Rev- THUNE, Mr. VITTER, Mr. VOINOVICH, By Mr. SALAZAR: enue Code of 1986 to provide for a highway Mr. WARNER, Mr. WEBB, Mr. S. 2879. A bill to provide for orderly and fuel tax holiday; to the Committee on Fi- WHITEHOUSE, Mr. WICKER, and Mr. balanced development of energy resources nance. WYDEN): within the Roan Plateau Planning Area of By Mr. KENNEDY (for himself, Mrs. S. Res. 522. A resolution recognizing the Colorado, and for other purposes; to the CLINTON, Mr. OBAMA, Mr. BROWN, Mr. 60th anniversary of the founding of the mod- Committee on Energy and Natural Re- FEINGOLD, and Mr. SCHUMER): ern State of Israel and reaffirming the bonds sources. S. 2891. A bill to amend the National Labor of close friendship and cooperation between By Mr. GREGG: Relations Act to apply the protections of the the United States and Israel; to the Com- S. 2880. A bill to provide that funds made Act to teaching and research assistants; to mittee on Foreign Relations. available for reconstruction assistance for the Committee on Health, Education, Labor, f Iraq may be made available only to the ex- and Pensions. tent that the Government of Iraq matches ADDITIONAL COSPONSORS such assistance on a dollar-for-dollar basis, f S. 22 and for other purposes; to the Committee on SUBMISSION OF CONCURRENT AND At the request of Mr. WEBB, the Foreign Relations. SENATE RESOLUTIONS By Mr. DURBIN: names of the Senator from Washington S. 2881. A bill to establish national stand- The following concurrent resolutions (Ms. CANTWELL) and the Senator from ards for discharges from cruise vessels into and Senate resolutions were read, and Michigan (Mr. LEVIN) were added as co- the waters of the United States, and for referred (or acted upon), as indicated: sponsors of S. 22, a bill to amend title other purposes; to the Committee on Com- By Mr. BROWNBACK (for himself, Mr. 38, United States Code, to establish a merce, Science, and Transportation. CASEY, Mr. MCCAIN, Mr. COLEMAN, program of educational assistance for By Ms. SNOWE (for herself, Ms. COL- Mr. BURR, Ms. COLLINS, Mr. DOMEN- LINS, and Mr. ISAKSON): members of the Armed Forces who ICI, Mrs. DOLE, Mrs. HUTCHISON, Mr. S. 2882. A bill to amend title 10, United serve in the Armed Forces after Sep- CRAIG, Ms. MURKOWSKI, Mr. THUNE, States Code, to provide for the presentation tember 11, 2001, and for other purposes. Mr. CHAMBLISS, Mr. ENZI, Ms. MIKUL- of a flag of the United States to the children SKI, Mr. HATCH, Mr. ROBERTS, and Mr. S. 400 of members of the Armed Forces who die in ALLARD): At the request of Mr. SUNUNU, the service; to the Committee on Armed Serv- S. Res. 519. A resolution welcoming Pope ices. name of the Senator from Montana Benedict XVI to the United States and rec- By Mr. ROCKEFELLER (for himself (Mr. TESTER) was added as a cosponsor ognizing the unique insights his moral and and Mr. BYRD): of S. 400, a bill to amend the Employee S. 2883. A bill to require the Secretary of spiritual reflections bring to the world stage; Retirement Income Security Act of the Treasury to mint coins in commemora- considered and agreed to. By Mrs. FEINSTEIN (for herself, Ms. 1974 and the Internal Revenue Code of tion of the centennial of the establishment 1986 to ensure that dependent students of Mother’s Day; to the Committee on Bank- COLLINS, Ms. CANTWELL, Mr. LIEBERMAN, Mrs. CLINTON, Mr. who take a medically necessary leave ing, Housing, and Urban Affairs. of absence do not lose health insurance By Ms. COLLINS (for herself and Mr. KERRY, Mr. BROWN, Ms. SNOWE, Mr. LEVIN, Mrs. BOXER, and Mr. FEIN- HATCH): coverage, and for other purposes. S. 2884. A bill to amend the Internal Rev- GOLD): S. 648 S. Res. 520. A resolution designating May enue Code of 1986 to provide incentives to im- At the request of Mr. CHAMBLISS, the 16, 2008, as ‘‘Endangered Species Day’’; to the prove America’s research competitiveness, name of the Senator from Maine (Ms. and for other purposes; to the Committee on Committee on the Judiciary. By Mr. REID (for himself and Mr. COLLINS) was added as a cosponsor of S. Finance. 648, a bill to amend title 10, United By Ms. SNOWE (for herself, Mr. KERRY, MCCONNELL): Mr. SMITH, and Mr. BROWN): S. Res. 521. A resolution authorizing the States Code, to reduce the eligibility S. 2885. A bill to amend the Internal Rev- taking of a photograph in the Chamber of age for receipt of non-regular military enue Code of 1986 to expand the availability the United States Senate; considered and service retired pay for members of the of industrial development bonds to facilities agreed to. Ready Reserve in active federal status manufacturing intangible property; to the By Mr. REID (for himself, Mr. MCCON- or on active duty for significant peri- NELL, Mr. AKAKA, Mr. ALEXANDER, Committee on Finance. ods. By Mr. BAUCUS (for himself, Mr. Mr. ALLARD, Mr. BARRASSO, Mr. BAU- S. 661 GRASSLEY, Mr. SALAZAR, Mr. SCHU- CUS, Mr. BAYH, Mr. BENNETT, Mr. MER, Ms. STABENOW, Mr. SMITH, Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. At the request of Mrs. CLINTON, the CRAPO, Mr. ROCKEFELLER, Mr. KYL, BOXER, Mr. BROWN, Mr. BROWNBACK, name of the Senator from Illinois (Mr. and Ms. SNOWE): Mr. BUNNING, Mr. BURR, Mr. BYRD, DURBIN) was added as a cosponsor of S. S. 2886. A bill to amend the Internal Rev- Ms. CANTWELL, Mr. CARDIN, Mr. CAR- 661, a bill to establish kinship navi- enue Code of 1986 to amend certain expiring PER, Mr. CASEY, Mr. CHAMBLISS, Mrs. gator programs, to establish guardian- CLINTON, Mr. COBURN, Mr. COCHRAN, provisions; to the Committee on Finance. ship assistance payments for children, By Mr. BROWN (for himself, Mr. Mr. COLEMAN, Ms. COLLINS, Mr. KERRY, and Mr. LIEBERMAN): CONRAD, Mr. CORKER, Mr. CORNYN, and for other purposes. S. 2887. A bill to direct the Secretary of Mr. CRAIG, Mr. CRAPO, Mr. DEMINT, S. 901 Homeland Security to conduct a survey to Mr. DODD, Mrs. DOLE, Mr. DOMENICI, At the request of Mr. KENNEDY, the determine the level of compliance with na- Mr. DORGAN, Mr. DURBIN, Mr. ENSIGN, name of the Senator from Mississippi tional consensus standards and any barriers Mr. ENZI, Mr. FEINGOLD, Mrs. FEIN- (Mr. WICKER) was added as a cosponsor to achieving compliance with such stand- STEIN, Mr. GRAHAM, Mr. GRASSLEY, of S. 901, a bill to amend the Public ards, and for other purposes; to the Com- Mr. GREGG, Mr. HAGEL, Mr. HARKIN, mittee on Homeland Security and Govern- Mr. HATCH, Mrs. HUTCHISON, Mr. Health Service Act to provide addi- mental Affairs. INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. tional authorizations of appropriations By Mr. KOHL (for himself, Ms. COL- JOHNSON, Mr. KENNEDY, Mr. KERRY, for the health centers program under LINS, and Mrs. LINCOLN): Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, section 330 of such Act.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6359 S. 911 providers under the Medicare program, S. 2465 At the request of Mr. REED, the and for other purposes. At the request of Mr. KENNEDY, the names of the Senator from Missouri S. 1693 name of the Senator from Oregon (Mr. (Mrs. MCCASKILL) and the Senator from At the request of Mr. KENNEDY, the WYDEN) was added as a cosponsor of S. Colorado (Mr. ALLARD) were added as name of the Senator from North Caro- 2465, a bill to amend title XIX of the cosponsors of S. 911, a bill to amend the lina (Mrs. DOLE) was added as a cospon- Social Security Act to include all pub- Public Health Service Act to advance sor of S. 1693, a bill to enhance the lic clinics for the distribution of pedi- medical research and treatments into adoption of a nationwide interoperable atric vaccines under the Medicaid pro- pediatric cancers, ensure patients and health information technology system gram. families have access to the current and to improve the quality and reduce S. 2569 treatments and information regarding the costs of health care in the United At the request of Mrs. BOXER, the pediatric cancers, establish a popu- States. names of the Senator from Maine (Ms. lation-based national childhood cancer OLLINS S. 1779 C ) and the Senator from Hawaii database, and promote public aware- (Mr. INOUYE) were added as cosponsors At the request of Mr. TESTER, the ness of pediatric cancers. of S. 2569, a bill to amend the Public names of the Senator from Montana S. 963 Health Service Act to authorize the Di- (Mr. BAUCUS) and the Senator from At the request of Mr. MENENDEZ, the rector of the National Cancer Institute New Mexico (Mr. BINGAMAN) were to make grants for the discovery and name of the Senator from Tennessee added as cosponsors of S. 1779, a bill to validation of biomarkers for use in risk (Mr. CORKER) was added as a cosponsor establish a program for tribal colleges stratification for, and the early detec- of S. 963, a bill to authorize the Sec- and universities within the Depart- tion and screening of, ovarian cancer. retary of Education to make grants to ment of Health and Human Services educational organizations to carry out and to amend the Native American S. 2687 educational programs about the Holo- Programs Act of 1974 to authorize the At the request of Mr. ROCKEFELLER, caust. provision of grants and cooperative the name of the Senator from Vermont S. 999 agreements to tribal colleges and uni- (Mr. SANDERS) was added as a cospon- At the request of Mr. COCHRAN, the versities, and for other purposes. sor of S. 2687, a bill to amend title name of the Senator from Maryland XVIII of the Social Security Act to en- S. 1780 (Ms. MIKULSKI) was added as a cospon- hance beneficiary protections under sor of S. 999, a bill to amend the Public At the request of Mr. ROCKEFELLER, parts C and D of the Medicare program. the name of the Senator from Mis- Health Service Act to improve stroke S. 2689 sissippi (Mr. WICKER) was added as a prevention, diagnosis, treatment, and At the request of Mr. SMITH, the cosponsor of S. 1780, a bill to require rehabilitation. name of the Senator from Mississippi the FCC, in enforcing its regulations S. 1051 (Mr. COCHRAN) was added as a cospon- concerning the broadcast of indecent At the request of Mr. DODD, the name sor of S. 2689, a bill to amend section programming, to maintain a policy of the Senator from Arizona (Mr. 411h of title 37, United States Code, to that a single word or image may be MCCAIN) was added as a cosponsor of S. provide travel and transportation al- considered indecent. 1051, a bill to authorize National Mall lowances for family members of mem- Liberty Fund D.C. to establish a me- S. 1951 bers of the uniformed services with se- morial on Federal land in the District At the request of Mr. BAUCUS, the rious inpatient psychiatric conditions. of Columbia at Constitution Gardens name of the Senator from Maryland S. 2736 previously approved to honor free per- (Ms. MIKULSKI) was added as a cospon- At the request of Mr. KOHL, the name sons and slaves who fought for inde- sor of S. 1951, a bill to amend title XIX of the Senator from Michigan (Mr. pendence, liberty, and justice for all of the Social Security Act to ensure LEVIN) was added as a cosponsor of S. during the American Revolution. that individuals eligible for medical as- 2736, a bill to amend section 202 of the sistance under the Medicaid program S. 1445 Housing Act of 1959 to improve the pro- continue to have access to prescription At the request of Mr. KENNEDY, the gram under such section for supportive names of the Senator from Hawaii (Mr. drugs, and for other purposes. housing for the elderly, and for other INOUYE) and the Senator from Oregon S. 2035 purposes. (Mr. SMITH) were added as cosponsors At the request of Mr. SPECTER, the S. 2744 of S. 1445, a bill to amend the Public name of the Senator from Washington At the request of Mr. VOINOVICH, the Health Service Act to direct the Sec- (Mrs. MURRAY) was added as a cospon- name of the Senator from Georgia (Mr. retary of Health and Human Services sor of S. 2035, a bill to maintain the ISAKSON) was added as a cosponsor of S. to establish, promote, and support a free flow of information to the public 2744, a bill to amend the Workforce In- comprehensive prevention, research, by providing conditions for the feder- vestment Act of 1998 to increase the and medical management referral pro- ally compelled disclosure of informa- Nation’s competitiveness and enhance gram for hepatitis C virus infection. tion by certain persons connected with the workforce investment systems by S. 1556 the news media. authorizing the implementation of At the request of Mr. SMITH, the S. 2059 Workforce Innovation in Regional Eco- name of the Senator from New York At the request of Mrs. FEINSTEIN, her nomic Development plans, the integra- (Mrs. CLINTON) was added as a cospon- name was added as a cosponsor of S. tion of appropriate programs and re- sor of S. 1556, a bill to amend the Inter- 2059, a bill to amend the Family and sources as part of such plans, and the nal Revenue Code of 1986 to extend the Medical Leave Act of 1993 to clarify the provision of supplementary grant as- exclusion from gross income for em- eligibility requirements with respect sistance and additional related activi- ployer-provided health coverage to des- to airline flight crews. ties, and for other purposes. ignated plan beneficiaries of employ- At the request of Mr. BYRD, his name S. 2755 ees, and for other purposes. was added as a cosponsor of S. 2059, At the request of Mrs. MURRAY, the S. 1605 supra. name of the Senator from California At the request of Mr. CONRAD, the S. 2279 (Mrs. BOXER) was added as a cosponsor name of the Senator from Alaska (Ms. At the request of Mr. BIDEN, the of S. 2755, a bill to provide funding for MURKOWSKI) was added as a cosponsor name of the Senator from California summer youth jobs. of S. 1605, a bill to amend title XVIII of (Mrs. BOXER) was added as a cosponsor S. 2770 the Social Security Act to protect and of S. 2279, a bill to combat inter- At the request of Mrs. FEINSTEIN, the preserve access of Medicare bene- national violence against women and names of the Senator from Connecticut ficiaries in rural areas to health care girls. (Mr. LIEBERMAN) and the Senator from

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Michigan (Mr. LEVIN) were added as co- have resulted in earlier diagnoses, By Mr. SALAZAR: sponsors of S. 2770, a bill to amend the more effective treatments, and im- S. 2879. A bill to provide for orderly Federal Meat Inspection Act to provements in medical outcomes for and balanced development of energy re- strengthen the food safety inspection Americans with cancer. sources within the Roan Plateau Plan- system by imposing stricter penalties These advances in cancer care are es- ning Area of Colorado, and for other for the slaughter of nonambulatory pecially evident when examining our purposes; to the Committee on Energy livestock. gains for pediatric cancers. The 5-year and Natural Resources. S. 2774 survival rate for children with cancer Mr. SALAZAR. Mr. President, I rise has improved markedly over the past At the request of Mr. LEAHY, the today to introduce legislation to en- decades, from 56 percent for those diag- name of the Senator from Indiana (Mr. sure responsible development of the en- nosed in the mid-1970s to 79 percent for LUGAR) was added as a cosponsor of S. ergy resources under Colorado’s Roan those diagnosed between 1995 and 2000. 2774, a bill to provide for the appoint- Plateau in a manner that minimizes There are now more than 270,000 child- ment of additional Federal circuit and the adverse impacts on its unique eco- hood cancer survivors in the U.S., and district judges, and for other purposes. logical resources while maximizing the that number is expected to increase as financial returns to the State of Colo- S. 2817 we gain a better understanding of pedi- rado and to our country. This legisla- At the request of Mr. SALAZAR, the atric cancers and ways to treat them. tion was developed jointly with my col- name of the Senator from Maryland But in the years that we have made leagues Representative JOHN SALAZAR (Mr. CARDIN) was added as a cosponsor these gains in addressing cancer in and Representative MARK UDALL, who of S. 2817, a bill to establish the Na- children, we have also learned that plan to introduce the legislation today tional Park Centennial Fund, and for many of these survivors experience in the House. other purposes. what are known as ‘‘late effects’’ re- The Roan Plateau, an area of pristine S. 2819 sulting from either the cancer or its wilderness in northwestern Colorado, At the request of Mr. ROCKEFELLER, treatment. These late effects include rises 3,500 feet out of the Colorado the names of the Senator from Hawaii things like additional cancers, River Valley. It boasts native cut- (Mr. AKAKA) and the Senator from osteoporosis, heart problems and re- throat trout streams and has some of Pennsylvania (Mr. CASEY) were added duced lung capacity. As many as a the best winter elk and mule deer habi- as cosponsors of S. 2819, a bill to pre- quarter of childhood cancer survivors tat left in the heavily developed serve access to Medicaid and the State experience late effects that are serious Piceance Basin. The Roan has long Children’s Health Insurance Program or life-threatening. We must be doing been a favorite destination for hunters during an economic downturn, and for more to ensure that the quality of life and anglers. The mule deer, elk, black other purposes. of children who have survived cancer is bear, and native trout that find habitat S. RES. 506 as high as possible, and that life-saving on top and at the base of the Roan Pla- treatments result in as few long-term At the request of Mr. NELSON of Ne- teau are an economic engine all their side effects as possible. braska, the name of the Senator from own, drawing tourism and recreation It is also important to note that Arkansas (Mrs. LINCOLN) was added as dollars to towns like Glenwood health care disparities also impact pe- a cosponsor of S. Res. 506, a resolution diatric cancer care and survivorship. Springs, Rifle, Silt, and Parachute. expressing the sense of the Senate that Recently the Department of Inte- African-Americans, Hispanics, and funding provided by the United States rior’s Bureau of Land Management, Asian/Pacific Islander children have to the Government of Iraq in the future which oversees the public lands on the higher rates of certain cancers than for reconstruction and training for se- Roan and the minerals beneath them, their white counterparts. In addition, curity forces be provided as a loan to announced that it is opening these due to disparities in access to care, the Government of Iraq. these individuals may fail to receive lands for energy development. Under S. RES. 515 adequate treatments for late effects of the BLM plan, 67,000 acres of public At the request of Mr. WHITEHOUSE, cancers. We need to improve our efforts lands on and around the Roan Plateau the names of the Senator from to ensure that racial and ethnic dis- will be open for natural gas drilling as Vermont (Mr. LEAHY), the Senator parities are eliminated from cancer soon as this year. We in Colorado are from Massachusetts (Mr. KENNEDY), the care. blessed to be home to significant en- Senator from Massachusetts (Mr. In a 2005 report, titled ‘‘From Cancer ergy resources, and tapping these re- KERRY), the Senator from Vermont Patient to Cancer Survivor: Lost in sources is important to sustain our Na- (Mr. SANDERS) and the Senator from Transition’’, the Institute of Medicine, tion’s energy needs and invigorate the Washington (Ms. CANTWELL) were IOM, recommended several measures Colorado State economy. But in its added as cosponsors of S. Res. 515, a we can take as a nation to improve the current form, the BLM plan lacks ade- resolution commemorating the life and quality of life for children and young quate protections for the Roan’s land, work of Dith Pran. adults who are impacted by cancer. water, and wildlife—the very things f The legislation that I am introducing that support the outfitters, guides, ho- today will allow us to implement some tels and restaurants in the area. And STATEMENTS ON INTRODUCED of those recommendations, including by proposing to lease all of the unde- BILLS AND JOINT RESOLUTIONS expansion of cancer control and sur- veloped public lands at once, the BLM By Mr. REID (for Mrs. CLINTON): veillance programs, increasing re- plan would sell Colorado short. S. 2877. A bill to improve and enhance search in survivorship, and developing Drilling is already happening on research and programs on cancer survi- model systems of care and monitoring roughly half of the plateau that is ei- vorship, and for other purposes; to the for cancer survivors. It will also create ther owned or leased by the natural gas Committee on Health, Education, grants to establish childhood cancer industry. Without question, western Labor, and Pensions. survivorship clinics, and help childhood Colorado is experiencing a boom in en- Mrs. CLINTON. Mr. President, I rise cancer organizations expand and im- ergy development. During the decade of to introduce the Pediatric, Adolescent, prove their work in providing care and the 1990s, the average number of com- and Young Adult Cancer Survivorship treatment. pleted gas wells per year in Garfield and Quality of Life Act, legislation in- I look forward to working with my County—the home of the Roan—was 80. troduced on the House side by Rep- colleagues in the Senate to ensure that The number of completed wells has resentatives SOLIS and BONO. we address the needs of cancer sur- climbed rapidly since 2000, setting a The National Cancer Institute esti- vivors throughout the lifespan, and new high each year. In 2006, 840 new mates that there are more than 10 mil- help to improve the quality of life for wells were completed in Garfield Coun- lion cancer survivors in the United the many children and families that ty. This rapid expansion of activity has States. Advances in medical research struggle with a cancer diagnosis. created new jobs in the region, but has

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6361 also stoked new conflicts between the conservation of our natural resources water’’ sewage—human body wastes energy values and environmental, eco- and their proper use constitute the fun- and other toilet waste. Within three logical, and recreation values of these damental problem which underlies al- miles of shore, vessels can discharge lands. The impacts of this development most every other problem of our na- this waste provided that a ‘‘marine are being felt by landowners and out- tional life.’’ President Roosevelt’s wis- sanitation device’’ is installed. The En- door enthusiasts alike. Sportsmen have dom—over a century later—is as valu- vironmental Protection Agency re- watched as public hunting areas, habi- able as ever to a Nation committed to leased a draft report in December, how- tat, and important watersheds have protecting its land and water, but that ever, that concluded that these sys- been irreparably degraded as a result of is in dire need of affordable, domestic tems simply don’t work. These sewage widespread development. sources of energy. treatment devices leave discharges With this level of development occur- The Roan is a special place. Pro- that consistently exceed national efflu- ring we must ensure that the most tecting our State’s last few remaining ent standards for fecal coliform and pristine areas of the plateau that re- wild spaces, maximizing oil and gas other pathogens and pollutants. In main are protected, that oil and gas de- leasing revenues from these areas and fact, fecal coliform levels in effluent velopment in the region occurs with supporting the communities that sur- are typically 20 to 200 times greater minimal disturbance, and that Colo- round them need not be at odds. This than in untreated domestic waste- rado receives the best possible finan- bill will replace BLM’s plan with a bet- water. cial return on any oil and gas leases. ter, more balanced approach that will Beyond three miles from shore there Our legislation has three main func- protect the most critical areas on the are no restrictions on sewage dis- tions that work to address these issues. top of the Roan and provide the most charge. Cruise ships are free to dump First, it requires phased leasing on top benefit to the State of Colorado. their sewage and foul U.S. waters with of the plateau to maximize state reve- impunity. nues and better protect wildlife habitat By Mr. DURBIN: The situation for graywater may be S. 2881. A bill to establish national and the environment. Second, it en- even more serious. Except in Alaska, standards for discharges from cruise sures protection of critical cutthroat cruise ship graywater requires no vessels into the waters of the United treatment whatsoever before being dis- trout watersheds and other wildlife States, and for other purposes; to the habitat on top and around the base of Committee on Commerce, Science, and charged, and there are no restrictions the Roan Plateau. Lastly, it contains a Transportation. on where that dumping can be done. conforming amendment to the Transfer Mr. DURBIN. Mr. President, if I said Yet graywater from sinks, tubs, and Act to ensure that Colorado receives there was an industry that generates kitchens contains large amounts of its fair share of leasing revenues rather millions of gallons of wastewater every pathogens and pollutants—amounts than directing this money, as the day and that can dump that waste with that would never be tolerated from a Transfer Act specifies, to the Anvil virtually no oversight, you might land-based business. Fecal coliform Points cleanup fund, which is in sur- think that I was recalling the days be- concentrations, for example, are ten to plus. fore the Clean Water Act. The truth is, a thousand times greater than those in The phased leasing provision requires though, that such an industry exists untreated domestic wastewater. These BLM to lease less sensitive areas out- today. I am talking about cruise ships. pollutants sicken our marine eco- side of cutthroat trout watersheds That is why I am introducing the systems, wash up onto our beaches, and first, rather than leasing all available Clean Cruise Ship Act of 2008. This bill contaminate food and shellfish that development areas at once. In selecting will require cruise ships to upgrade end up on our dinner plates. areas for leasing, BLM must take into their wastewater treatment systems to The Clean Cruise Ship Act seeks to consideration various factors designed meet the standards of today’s best solve this oversight in the current reg- to maximize leasing revenues and to available technology, which has been ulations, just as Alaska State law has minimize the environmental and eco- shown to significantly reduce the done. No discharges whatsoever would logical impacts of development. Phased amount of pollutants discharged from be allowed within 12 miles of shore. Be- leasing will generate higher per-lease ships. This technology is already being yond twelve miles, discharges of sew- bids from industry—and more money used successfully on cruise ships in age, graywater, and bilge water would for the Treasury and Colorado—than Alaska, thanks to that State’s forward- be allowed, provided that they meet the current BLM plan to lease the en- thinking regulations. national effluent limits consistent with tire designated development areas at The problem is real. The number of the best available technology. That once. cruise ship passengers has been grow- technology works and is commercially The special protection provisions of ing nearly twice as fast as any other available now. The recent Environ- the bill expand BLM’s designated mode of travel. In the U.S. alone the mental Protection Agency study found ‘‘Areas of Critical Environmental Con- numbers are approaching ten million that these ‘‘advanced wastewater cern,’’ ACECs, to include the head- passengers a year. Some of these ships treatment’’ systems effectively remove waters of Northwater Creek and the can carry 3,000 passengers. That is the pathogens, suspended solids, metals, East Fork of Parachute Creek above size of a small city. As cities do, these and oil and grease. the confluence with First Anvil ships produce massive amounts of Under this legislation, the release of Creek—both of which are critical na- waste—over 200,000 gallons of sewage raw, untreated sewage would be banned tive cutthroat trout watersheds. The each week; a million gallons of everywhere. No dumping would be al- bill also permits gas development ac- graywater from galleys, laundry, and lowed of sewage sludge and incinerator tivities on top of the plateau outside showers; and over 35,000 gallons of oily ash in U.S. waters. All cruise ships ACECs that are within development bilge water that collects in ship bot- calling on U.S. ports would have to dis- corridors along existing ridge-top roads toms. pose of hazardous waste in accordance on slopes not exceeding 20 percent. Wastewater from cities, of course, is to the Resource Conservation and Re- These measures will protect critical highly regulated. America wouldn’t covery Act. The bill would establish in- elk and mule deer habitat around the tolerate anything less. A city cannot spection and enforcement mechanisms base of the plateau, while allowing de- simply dump waste into our water- to ensure compliance. velopment and recovery of the avail- ways. We’ve seen, of course, what hap- There is one thing at this point I’d able natural gas under the Roan. pens when municipal wastewater treat- like to make clear. Many of us here In 1907, President Teddy Roosevelt ment systems are poorly operated or have been working hard to stop aquatic told a crowd that, ‘‘In utilizing and break down. People fall ill, beaches are invasive species that slip into our lakes conserving the natural resources of the closed, and ecosystems are harmed. and coastal waters in discharged bal- Nation the one characteristic more es- So what’s the story for waste from last water. Alien species that have es- sential than any other is foresight. The cruise ships? Let us start with ‘‘black caped into U.S. waters are causing

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6362 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 massive harm. We have to do every- Sec. 6. Alaskan cruise vessels. and coastal ecosystems that cruise pas- thing in our power to prevent new Sec. 7. Inspection and sampling. sengers enjoy, by— Sec. 8. Employee protection. (1) prohibiting the discharge of any un- invasive species from getting loose. Sec. 9. Judicial review. With this in mind, many of us have treated sewage, graywater, or bilge water Sec. 10. Enforcement. from a cruise vessel calling on a port of the Sec. 11. Citizen suits. been closely watching court cases sur- United States into the waters of the United rounding the Environmental Protec- Sec. 12. Sense of Congress on ballast water. Sec. 13. Sense of Congress on air pollution. States; tion Agency’s responsibility for regu- Sec. 14. Funding. (2) prohibiting the discharge of any sewage lating ballast water under the Clean Sec. 15. Effect on other law. sludge, incinerator ash, or hazardous waste Water Act. That litigation may have SEC. 2. FINDINGS AND PURPOSES. from a cruise vessel calling on a port of the implications for cruise ship wastewater (a) FINDINGS.—Congress finds the fol- United States into the waters of the United pollution. lowing: States; I have no intention of interfering (1) Cruise vessels carry millions of people (3) establishing new national effluent lim- its for the discharge of treated sewage, treat- with this court case. Likewise, I want through North American waters each year, showcase some of the most beautiful ocean ed graywater, and treated bilge water from to emphasize that this bill in no way areas in the United States, and provide op- cruise vessels not less than 12 miles from undermines the provisions of the Clean portunities for passengers to relax and enjoy shore in any case in which the discharge is Water Act that deal with discharges of the oceans and marine ecosystems. not within an area in which discharges are pollution into the nation’s waters. I (2) A single cruise vessel generates a tre- prohibited; and have always supported the Clean Water mendous amount of waste each week, includ- (4) ensuring that cruise vessels calling on Act. It will continue to be an impor- ing an estimated 140,000 to 210,000 gallons of ports of the United States comply with all tant tool that, in conjunction with the blackwater (sewage) and 1,000,000 gallons of applicable environmental laws. graywater (including wastewater from dish- Clean Cruise Ship Act, can signifi- SEC. 3. DEFINITIONS. washers, showers, laundry, baths, and wash- cantly reduce wastewater pollution basins). Onboard amenities such as photo- In this Act: from cruise ships. processing, dry-cleaning, and hairdressing (1) ADMINISTRATOR.—The term ‘‘Adminis- The protection of U.S. waters is vital also generate hazardous waste streams. trator’’ means the Administrator of the En- to our Nation’s health and economy. (3) In its final report, ‘‘An Ocean Blueprint vironmental Protection Agency. There are 4.5 million square miles of for the 21st Century’’, released in 2004, the (2) BILGE WATER.—The term ‘‘bilge water’’ ocean in the U.S. territorial seas—23 United States Commission on Ocean Policy means waste water that includes lubrication percent larger than our Nation’s found that these waste streams and the cu- oils, transmission oils, oil sludge or slops, fuel or oil sludge, used oil, used fuel or fuel landmass. That’s more than any other mulative impacts caused when cruise vessels repeatedly visit the same environmentally filters, or oily waste. country has. Cruise ship wastewater sensitive areas, ‘‘if not properly disposed of (3) CITIZEN.—The term ‘‘citizen’’ means a threatens the very environments that and treated, can be a significant source of person that has an interest that is or may be family vacationers want to visit. Cur- pathogens and nutrients with the potential adversely affected by any provision of this rent regulations and voluntary guide- to threaten human health and damage shell- Act. lines for the cruise ship industry just fish beds, coral reefs, and other aquatic life,’’ (4) COMMANDANT.—The term ‘‘Com- aren’t good enough. No other industry thus threatening the very environments mandant’’ means the Commandant of the is allowed to pollute our waters at will. cruise vessel passengers seek to explore. Coast Guard. (5) CRUISE VESSEL.—The term ‘‘cruise ves- The cruise ship industry is growing at (4) The cruise industry has grown by more than 6 percent annually since 2003 and is pro- sel’’— nearly 5 percent each year, which jected to continue growing. Cruise vessel ca- (A) means a passenger vessel (as defined in means that the problem is growing, as pacity is also expanding dramatically; today section 2101(22) of title 46, United States well. cruise vessels can transport 5,000 passengers Code), that— Uncontrolled dumping of cruise ship and crew members, but the next generation (i) is authorized to carry at least 250 pas- pollution must stop. We can achieve of cruise vessels is expected to carry 7,000 sengers; and that goal with the Clean Cruise Ship passengers and crew members. As the total (ii) has onboard sleeping facilities for each Act. I recognize, though, that there number of passengers increases and the num- passenger; and may be other valid approaches. I en- ber of passengers per ship increases, the vol- (B) does not include— (i) a vessel of the United States operated courage my colleagues to work with ume of waste entering these ocean eco- systems and the impact of that waste on by the Federal Government; or me to pass legislation this year that ocean ecosystems will also increase. (ii) a vessel owned and operated by the gov- will put a stop to the dumping of haz- (5) In a 2005 report requested by the Inter- ernment of a State. ardous pollutants along our coasts. To- national Council of Cruise Lines, the Ocean (6) DISCHARGE.—The term ‘‘discharge’’— gether we can clean up this major Conservation and Tourism Alliance (OCTA) (A) means a release, however caused, of source of pollution that is harming our Science Panel recommended that ‘‘[a]ll bilge water, graywater, hazardous waste, in- waters. blackwater should be treated’’, that dis- cinerator ash, sewage, or sewage sludge from Mr. President, I ask unanimous con- charging treated blackwater should be a cruise vessel; and (B) includes any escape, disposal, spilling, sent that the text of the bill be printed ‘‘avoided in ports, close to bathing beaches or water bodies with restricted circulation, leaking, pumping, emitting, or emptying of a in the RECORD. flushing or inflow’’, and that blackwater substance described in subparagraph (A). There being no objection, the text of should not be discharged within 4 nautical (7) EXCLUSIVE ECONOMIC ZONE.—The term the bill was ordered to be printed in miles of shellfish beds, coral reefs, or other ‘‘exclusive economic zone’’ has the meaning the RECORD, as follows: sensitive habitats. given that term in section 107 of title 46, S. 2881 (6) The OCTA Science Panel further rec- United States Code. ommended that graywater be treated in the (8) GRAYWATER.—The term ‘‘graywater’’ Be it enacted by the Senate and House of Rep- same manner as blackwater and that sewage means galley, dishwasher, bath, spa, pool, resentatives of the United States of America in sludge be off-loaded to approved land-based and laundry waste water. Congress assembled, facilities. (9) GREAT LAKE.—The term ‘‘Great Lake’’ SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (7) The United States lacks a comprehen- means— (a) SHORT TITLE.—This Act may be cited as sive wastewater management policy for (A) Lake Erie; the ‘‘Clean Cruise Ship Act of 2008’’. large passenger vessels, and a new statutory (B) Lake Huron (including Lake Saint (b) TABLE OF CONTENTS.—The table of con- regime for managing wastewater discharges Clair); tents of this Act is as follows: from large passenger vessels that applies (C) Lake Michigan; Sec. 1. Short title; table of contents. throughout the United States is needed to (D) Lake Ontario; or Sec. 2. Findings and purposes. protect coastal and ocean areas from pollu- (E) Lake Superior. Sec. 3. Definitions. tion generated by cruise vessels, to reduce (10) HAZARDOUS WASTE.—The term ‘‘haz- Sec. 4. Prohibitions on the discharge of sew- and better regulate discharges from cruise ardous waste’’ has the meaning given that age, graywater, bilge water, vessels, and to improve monitoring, report- term in section 1004 of the Solid Waste Dis- sewage sludge, incinerator ash, ing, and enforcement of standards regarding posal Act (42 U.S.C. 6903). and hazardous waste. discharges. (11) INCINERATOR ASH.—The term ‘‘inciner- Sec. 5. Effluent limits for discharges of sew- (b) PURPOSE.—The purpose of this Act is to ator ash’’ means ash generated during the in- age, graywater, and bilge water. protect the health and beauty of the marine cineration of solid waste or sewage sludge.

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(12) NO DISCHARGE ZONES.—The term ‘‘no (b) PROHIBITION ON DISCHARGE OF SEWAGE (2) FECAL COLIFORM.—With respect to the discharge zones’’ means important ecological SLUDGE, INCINERATOR ASH, AND HAZARDOUS samples from the discharge during any 30- areas including marine sanctuaries, marine WASTE.—No sewage sludge, incinerator ash, day period— protected areas, marine reserves, marine na- or hazardous waste may be discharged into (A) the geometric mean of the samples tional monuments, national parks, and na- the waters of the United States. Such sewage shall not exceed 20 fecal coliform per 100 mil- tional wildlife refuges. sludge, incinerator ash, and hazardous waste liliters; and (13) PASSENGER.—The term ‘‘passenger’’ shall be off-loaded at an appropriate land- (B) not more than 10 percent of the sam- means a paying passenger. based facility. ples shall exceed 40 fecal coliform per 100 (14) PERSON.—The term ‘‘person’’ means— (c) SAFETY EXCEPTION.— milliliters. (A) an individual; (1) SCOPE OF EXCEPTION.—The provisions of (3) RESIDUAL CHLORINE.—Concentrations of (B) a corporation; subsections (a) and (b) shall not apply in any total residual chlorine in samples shall not (C) a partnership; case in which— exceed 10 milligrams per liter. (D) a limited liability company; (A) a discharge is made solely for the pur- (c) REVIEW AND REVISION OF EFFLUENT LIM- (E) an association; pose of securing the safety of the cruise ves- ITS.—The Administrator shall— (F) a State; sel or saving a human life at sea; and (1) review the effluent limits promulgated (G) a municipality; (B) all reasonable precautions have been under subsection (a) at least once every 5 (H) a commission or political subdivision taken to prevent or minimize the discharge. years; and of a State; or (2) NOTIFICATION OF COMMANDANT.— (2) revise the effluent limits as necessary (I) an Indian tribe. (A) IN GENERAL.—If the owner, operator, to incorporate technology available at the (15) SEWAGE.—The term ‘‘sewage’’ means— master, or other individual in charge of a time of the review in accordance with sub- (A) human body wastes; and cruise vessel authorizes a discharge de- section (a)(2). (B) the wastes from toilets and other re- scribed in paragraph (1), such individual (d) COMPLIANCE DATE.— ceptacles intended to receive or retain shall notify the Commandant of the decision (1) IN GENERAL.—The date described in this human body wastes. to authorize the discharge as soon as prac- subsection is— (16) SEWAGE SLUDGE.—The term ‘‘sewage ticable, but not later than 24 hours, after au- (A) with respect to new vessels put into sludge’’— thorizing the discharge. water after the date of the enactment of this (A) means any solid, semi-solid, or liquid (B) REPORT.—Not later than 7 days after Act, 2 years after such date of enactment; residue removed during the treatment of on- the date on which an individual described in and board sewage; subparagraph (A) notifies the Commandant (B) with respect to vessels in use as of such (B) includes— of a decision to authorize a discharge under date of enactment, 5 years after such date of (i) solids removed during primary, sec- paragraph (1), the individual shall submit to enactment. ondary, or advanced waste water treatment; the Commandant a report that includes— (2) NEW VESSEL DEFINED.—In this sub- (ii) scum; (i) the quantity and composition of each section, the term ‘‘new vessel’’ means a ves- (iii) septage; discharge authorized under paragraph (1); sel the keel of which is laid, or that is at a (iv) portable toilet pumpings; (ii) the reason for authorizing each such similar stage of construction, on or after the (v) type III marine sanitation device discharge; date of the enactment of this Act. pumpings (as defined in part 159 of title 33, (iii) the location of the vessel during the SEC. 6. ALASKAN CRUISE VESSELS. Code of Federal Regulations); and course of each such discharge; and (a) IN GENERAL.—An Alaskan cruise vessel (vi) sewage sludge products; and (iv) such other supporting information and shall not be subject to the provisions of this (C) does not include— data as are requested by the Commandant. Act (including regulations promulgated (i) grit or screenings; or (C) DISCLOSURE OF REPORTS.—Upon receiv- under this Act) until the date that is 10 years (ii) ash generated during the incineration ing a report under subparagraph (B), the after the date of the enactment of this Act. of sewage sludge. Commandant shall— (b) DEFINITION OF ALASKAN CRUISE VES- (17) TERRITORIAL SEA.—The term ‘‘terri- (i) transmit a copy of the report to the Ad- SEL.—In this section, the term ‘‘Alaskan torial sea’’— ministrator; and cruise vessel’’ means a cruise vessel— (A) means the belt of the sea extending 12 (ii) make the report available to the pub- (1) while the vessel is operating in waters nautical miles from the baseline of the lic. of the State of Alaska, as defined in section United States determined in accordance with SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF 159.305 of title 33, Code of Federal Regula- international law, as set forth in Presi- SEWAGE, GRAYWATER, AND BILGE tions; and dential Proclamation number 5928, dated De- WATER. (2) that complies with all relevant laws and cember 27, 1988; and (a) EFFLUENT LIMITS.— regulations of the State of Alaska while in (B) includes the waters lying seaward of (1) IN GENERAL.—Not later than 12 months transit from a port of call outside of the the line of ordinary low water and extending after the date of the enactment of this Act, State of Alaska to the waters of the State of to the baseline of the United States, as de- the Administrator shall promulgate effluent Alaska. termined under subparagraph (A). limits for sewage, graywater, and bilge water SEC. 7. INSPECTION AND SAMPLING. (18) WATERS OF THE UNITED STATES.—The discharges from cruise vessels calling on (a) DEVELOPMENT AND IMPLEMENTATION OF term ‘‘waters of the United States’’ means ports of the United States. INSPECTION PROGRAM.— the waters of the territorial sea, the exclu- (2) REQUIREMENTS.—The effluent limits (1) IN GENERAL.—The Administrator shall sive economic zone, and the Great Lakes. shall, at a minimum— promulgate regulations to implement a sam- SEC. 4. PROHIBITIONS ON THE DISCHARGE OF (A) be consistent with the capability of the pling and testing program, and the Com- SEWAGE, GRAYWATER, BILGE best available technology to treat effluent; mandant shall promulgate regulations to im- WATER, SEWAGE SLUDGE, INCINER- (B) require compliance with all relevant plement an inspection program, sufficient to ATOR ASH, AND HAZARDOUS WASTE. State and Federal water quality standards; verify that cruise vessels calling on ports of (a) PROHIBITIONS ON DISCHARGE OF SEWAGE, and the United States are in compliance with— GRAYWATER, AND BILGE WATER.—Except as (C) take into account the best available (A) this Act (including regulations promul- provided in subsection (c) or section 6, no scientific information on the environmental gated under this Act); cruise vessel calling on a port of the United effects of sewage, graywater, and bilge water (B) the Federal Water Pollution Control States may discharge sewage, graywater, or discharges, including levels of nutrients, Act (33 U.S.C. 1251 et seq.) (including regula- bilge water into the waters of the United total and dissolved metals, pathogen indica- tions promulgated under that Act); States, unless— tors, oils and grease, classical pollutants, (C) other applicable Federal laws and regu- (1) the effluent of treated sewage, treated and volatile and semivolatile organics. lations; and graywater, or treated bilge water meets all (b) MINIMUM LIMITS.—The effluent limits (D) all applicable requirements of inter- applicable effluent limits established under promulgated under subsection (a) shall re- national agreements. this Act and is in accordance with all other quire, at a minimum, that treated sewage, (2) INSPECTIONS.—The program shall re- applicable laws; treated graywater, and treated bilge water quire that— (2) the cruise vessel is underway and pro- effluent discharges from cruise vessels, (A) regular announced and unannounced ceeding at a speed of not less than 6 knots; measured at the point of discharge, shall, inspections be conducted of any relevant as- (3) the cruise vessel is not less than 12 nau- not later than the date described in sub- pect of cruise vessel operations, equipment, tical miles from shore; section (d), meet the following standards: or discharges, including sampling and test- (4) the cruise vessel is not discharging in (1) IN GENERAL.—The discharge shall sat- ing of cruise vessel discharges; and no discharge zones; and isfy the minimum level of effluent quality (B) each cruise vessel that calls on a port (5) the cruise vessel complies with all ap- specified in section 133.102 of title 40, Code of of the United States be subject to an unan- plicable management standards established Federal Regulations (or a successor regula- nounced inspection at least once per year. under this Act. tion). (b) REGULATIONS.—

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(1) IN GENERAL.—Not later than 1 year after which this Act applies may operate in the mandant under paragraph (1) shall also in- the date of the enactment of this Act, the waters of the United States, or visit a port or clude— Commandant, in consultation with the Ad- place under the jurisdiction of the United (A) a method for collecting and reviewing ministrator, shall promulgate regulations States, only if the cruise vessel has been data related to the efficiency and operation that, at a minimum— issued a certificate of compliance by the of the program; and (A) require the owner, operator, master, or Commandant. (B) periodic revisions to the program based other individual in charge of a cruise vessel (B) ISSUANCE OF CERTIFICATE.—The Com- on the data collected under subparagraph to maintain and submit annually a logbook mandant may issue a certificate described in (A). detailing the times, types, volumes, flow subparagraph (A) to a cruise vessel only (5) REPORT.—Not later than 3 years after rates, origins, and specific locations of, and after the cruise vessel has been examined the establishment of the program described explanations for, any discharges from the and found to be in compliance with this Act, in paragraph (1), the Commandant shall sub- cruise vessel; including prohibitions on discharges and re- mit to Congress a report describing— (B) provide for routine announced and un- quirements for effluent limits, as determined (A) the results of the program; announced inspections of— by the Commandant. (B) recommendations for optimal observer (i) cruise vessel environmental compliance (C) ACCEPTANCE OF FOREIGN DOCUMENTA- coverage; and records and procedures; and TION.—The Commandant may consider a cer- (C) other recommendations for improve- (ii) the functionality and proper operation tificate, endorsement, or document issued by ment of the program. of installed equipment for abatement and the government of a foreign country under a control of any cruise vessel discharge, in- treaty, convention, or other international (e) ONBOARD MONITORING SYSTEM PILOT cluding equipment intended to treat sewage, agreement to which the United States is a PROGRAM.— graywater, or bilge water; party, in issuing a certificate of compliance (1) IN GENERAL.—Not later than 1 year after (C) require the sampling and testing of under this paragraph. Such a certificate, en- the date of the enactment of this Act, the cruise vessel discharges that require the dorsement, or document shall not serve as a Administrator of the National Oceanic and owner, operator, master, or other individual proxy for certification of compliance with Atmospheric Administration, in consulta- in charge of a cruise vessel— this Act. tion with the Administrator and the Com- (i) to conduct that sampling or testing at (D) VALIDITY OF CERTIFICATE.—A certifi- mandant, shall establish, and for each of fis- the point of discharge; and cate issued under this section— cal years 2008 through 2013, shall carry out, (ii) to produce any records of the sampling (i) shall be valid for a period of not more with industry partners as necessary, a pilot or testing; than 24 months, beginning on the date of program to develop and promote commer- (D) require any owner, operator, master, or issuance of the certificate; cialization of technologies to provide real- other individual in charge of a cruise vessel (ii) may be renewed as specified by the time data to Federal agencies regarding— who has knowledge of a discharge from the Commandant; and (A) discharges of sewage, graywater, and cruise vessel in violation of this Act (includ- (iii) shall be suspended or revoked if the bilge water from cruise vessels; and ing regulations promulgated under this Act) Commandant determines that the cruise ves- (B) functioning of cruise vessel compo- to report immediately the discharge to the sel for which the certificate was issued is not nents relating to fuel consumption and con- Commandant, who shall provide notification in compliance with the conditions under trol of air and water pollution. of the discharge to the Administrator; and which the certificate was issued. (2) TECHNOLOGY REQUIREMENTS.—Tech- (E) require the owner, operator, master, or (d) CRUISE OBSERVER PROGRAM.— nologies developed under the program de- other individual in charge of a cruise vessel (1) IN GENERAL.—Not later than 1 year after scribed in paragraph (1)— to provide to the Commandant and Adminis- the date of the enactment of this Act, the (A) shall have the ability to record— trator a blueprint of each cruise vessel that Commandant shall establish and carry out a (i) the location and time of discharges includes the location of every discharge pipe program for the placement of 1 or more from cruise vessels; and valve. trained independent observers on each cruise (ii) the source, content, and volume of the (2) DISCLOSURE OF LOGBOOKS.—Upon receiv- vessel. discharges; and ing a logbook described in paragraph (1)(A), (2) PURPOSES.—The purposes of the cruise (iii) the state of components relating to the Commandant shall— observer program established under para- pollution control at the time of the dis- (A) transmit a copy of the logbook to the graph (1) are to monitor and inspect cruise charges, including whether the components Administrator; and vessel operations, equipment, and discharges are operating correctly; and (B) make the logbook available to the pub- to ensure compliance with— (B) shall be tested on not less than 10 per- lic. (A) this Act (including regulations promul- cent of all cruise vessels operating in the ter- (c) EVIDENCE OF COMPLIANCE.— gated under this Act); and ritorial sea of the United States, including (1) VESSEL OF THE UNITED STATES.— (B) all other relevant Federal laws, regula- large and small vessels. (A) IN GENERAL.—A cruise vessel registered tions, and international agreements. (3) PARTICIPATION OF INDUSTRY.— in the United States to which this Act ap- (3) RESPONSIBILITIES.—An observer de- (A) COMPETITIVE SELECTION PROCESS.—In- plies shall have a certificate of inspection scribed in paragraph (1) shall— dustry partners willing to participate in the issued by the Commandant. (A) observe and inspect— program may do so through a competitive (B) ISSUANCE OF CERTIFICATE.—The Com- (i) onboard environmental treatment sys- selection process conducted by the Adminis- mandant may issue a certificate described in tems; trator of the National Oceanic and Atmos- subparagraph (A) only after the cruise vessel (ii) use of shore-based treatment and stor- pheric Administration. has been examined and found to be in com- age facilities; (B) CONTRIBUTION.—A selected industry pliance with this Act, including prohibitions (iii) discharges and discharge practices; partner shall contribute not less than 20 per- on discharges and requirements for effluent and cent of the cost of the project in which the limits, as determined by the Commandant. (iv) blueprints, logbooks, and other rel- industry partner participates. (C) VALIDITY OF CERTIFICATE.—A certificate evant information, including fuel consump- (4) ADAPTIVE MANAGEMENT.—The program issued under this paragraph— tion and atmospheric emissions; established and carried out by the Adminis- (i) shall be valid for a period of not more (B) have the authority to interview and trator of the National Oceanic and Atmos- than 5 years, beginning on the date of otherwise query any crew member with pheric Administration pursuant to para- issuance of the certificate; knowledge of vessel operations; graph (1) shall also include— (ii) may be renewed as specified by the (C) have access to all data and information (A) a method for collecting and reviewing Commandant; and made available to government officials under data related to the efficiency and operation (iii) shall be suspended or revoked if the this section; of the program; and Commandant determines that the cruise ves- (D) immediately report any known or sus- (B) periodic revisions to the program based sel for which the certificate was issued is not pected violation of this Act or any other ap- on the data collected under subparagraph in compliance with the conditions under plicable Federal law or international agree- (A). which the certificate was issued. ment to— (5) REPORT.—Not later than 3 years after (D) SPECIAL CERTIFICATES.—The Com- (i) the Coast Guard; and the date of the enactment of this Act, the mandant may issue special certificates to (ii) the Environmental Protection Agency; Administrator of the National Oceanic and certain vessels that exhibit compliance with and Atmospheric Administration shall submit to this Act and other best practices, as deter- (E) maintain a logbook to be submitted to Congress a report describing— mined by the Commandant, after public no- the Commandant and the Administrator an- (A) the results of the program; tice and comment. nually and to be made available to the pub- (B) recommendations for continuing the (2) FOREIGN VESSEL.— lic. program; and (A) IN GENERAL.—A cruise vessel registered (4) ADAPTIVE MANAGEMENT.—The program (C) other recommendations for improving in a country other than the United States to established and carried out by the Com- the program.

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SEC. 8. EMPLOYEE PROTECTION. (d) DELIBERATE VIOLATIONS BY EMPLOYEES promulgated under this Act may be as- (a) PROHIBITION OF DISCRIMINATION AGAINST ACTING WITHOUT DIRECTION FROM EMPLOYER sessed— PERSONS FILING, INSTITUTING, OR TESTIFYING OR AGENT.—This section shall not apply to (1) a class I or class II civil penalty de- IN PROCEEDINGS UNDER THIS ACT.—No person any employee who, without direction from scribed in subsection (b); or shall terminate the employment of, or in any the employer of the employee (or agent of (2) a civil penalty in a civil action under other way discriminate against (or cause the the employer), deliberately violates any pro- subsection (c). termination of employment of or discrimina- vision of this Act. (b) AMOUNT OF ADMINISTRATIVE PENALTY.— tion against), any employee or any author- SEC. 9. JUDICIAL REVIEW. (1) CLASS I.—The amount of a class I civil ized representative of employees by reason of (a) REVIEW OF ACTIONS BY ADMINISTRATOR penalty under subsection (a)(1) may not ex- the fact that the employee or representa- OR COMMANDANT; SELECTION OF COURT; ceed— tive— FEES.— (A) $10,000 per violation; or (1) has filed, instituted, or caused to be (1) REVIEW OF ACTIONS.— (B) $25,000 in the aggregate, in the case of filed or instituted any proceeding under this (A) IN GENERAL.—Any interested person multiple violations. Act; or may petition for a review, in the United (2) CLASS II.—The amount of a class II civil (2) has testified or is about to testify in States court of appeals for the circuit in penalty under subsection (a)(1) may not ex- any proceeding resulting from the adminis- which the person resides or transacts busi- ceed— tration or enforcement of the provisions of ness directly affected by the action of which (A) $10,000 per day for each day during this Act. review is requested— which the violation continues; or (b) APPLICATION FOR REVIEW; INVESTIGA- (i) of an action of the Administrator in (B) $125,000 in the aggregate, in the case of TION; HEARINGS; REVIEW.— promulgating any effluent limit under sec- multiple violations. (1) IN GENERAL.—An employee or a rep- tion 5; or (3) SEPARATE VIOLATIONS.—Each day on resentative of an employee who believes that which a violation continues shall constitute the termination of the employment of the (ii) of an action of the Commandant or the Administrator in carrying out an inspection, a separate violation. employee has occurred, or that the employee (4) DETERMINATION OF AMOUNT.—In deter- sampling, or testing under section 7. has been discriminated against, as a result of mining the amount of a civil penalty under (B) DEADLINE FOR REVIEW.—A petition for the actions of any person in violation of sub- subsection (a)(1), the Commandant or the review under subparagraph (A) shall be section (a) may, not later than 30 days after court, as appropriate, shall consider— made— the date on which the alleged violation oc- (A) the seriousness of the violation; (i) not later than 120 days after the date of curred, apply to the Secretary of Labor for a (B) any economic benefit resulting from promulgation of the limit or standard with review of the alleged termination of employ- the violation; respect to which the review is sought; or ment or discrimination. (C) any history of violations; (ii) if the petition for review is based solely (2) APPLICATION.—A copy of an application (D) any good faith efforts to comply with on grounds that arose after the date de- for review filed under paragraph (1) shall be the applicable requirements; sent to the respondent. scribed in clause (i), as soon as practicable (E) the economic impact of the penalty on (3) INVESTIGATION.— after that date. the violator; and (A) IN GENERAL.—On receipt of an applica- (2) CIVIL AND CRIMINAL ENFORCEMENT PRO- (F) such other matters as justice may re- tion for review under paragraph (1), the Sec- CEEDINGS.—An action of the Commandant or quire. Administrator with respect to which review retary of Labor shall carry out an investiga- (5) PROCEDURE FOR CLASS I CIVIL PENALTY.— could have been obtained under paragraph (1) tion of the alleged violation. (A) IN GENERAL.—Before assessing a civil (B) REQUIREMENTS.—In carrying out this shall not be subject to judicial review in any penalty under this subsection, the Com- subsection, the Secretary of Labor shall— civil or criminal proceeding for enforcement mandant shall provide to the person to be as- (i) provide an opportunity for a public of such action. sessed the penalty— hearing at the request of any party to the re- (3) AWARD OF FEES.—In any judicial pro- (i) written notice of the proposal of the view to enable the parties to present infor- ceeding under this subsection, a court may Commandant to assess the penalty; and mation relating to the alleged violation; award costs of litigation (including reason- (ii) the opportunity to request, not later (ii) ensure that, at least 5 days before the able attorneys’ and expert witness fees) to than 30 days after the date on which the no- date of the hearing, each party to the hear- any prevailing or substantially prevailing tice is received by the person, a hearing on ing is provided written notice of the time party in any case in which the court deter- the proposed penalty. and place of the hearing; and mines such an award to be appropriate. (B) HEARING.—A hearing described in sub- (iii) ensure that the hearing is on the (b) ADDITIONAL EVIDENCE.— paragraph (A)(ii)— record and subject to section 554 of title 5, (1) IN GENERAL.—In any judicial proceeding (i) shall not be subject to section 554 or 556 United States Code. instituted under subsection (a) in which re- of title 5, United States Code; but view is sought of a determination under this (C) FINDINGS OF SECRETARY.—On comple- (ii) shall provide a reasonable opportunity tion of an investigation under this para- Act required to be made on the record after to be heard and to present evidence. graph, the Secretary of Labor shall— notice and opportunity for hearing, if any (6) PROCEDURE FOR CLASS II CIVIL PEN- (i) make findings of fact; party applies to the court for leave to intro- ALTY.— (ii) if the Secretary of Labor determines duce additional evidence and demonstrates (A) IN GENERAL.—Except as otherwise pro- that a violation did occur, issue a decision, to the satisfaction of the court that the addi- vided in this subsection, a class II civil pen- incorporating an order and the findings, re- tional evidence is material and that there alty shall be assessed and collected in the quiring the person that committed the viola- were reasonable grounds for the failure to in- same manner, and subject to the same provi- tion to take such action as is necessary to troduce the evidence in the proceeding be- sions, as in the case of civil penalties as- abate the violation, including the rehiring or fore the Commandant or Administrator, the sessed and collected after notice and an op- reinstatement, with compensation, of an em- court may order the additional evidence (and portunity for a hearing on the record in ac- ployee to the former position of the em- evidence in rebuttal of the additional evi- cordance with section 554 of title 5, United ployee; and dence) to be taken before the Commandant States Code. (iii) if the Secretary of Labor determines or Administrator, in such manner and on (B) RULES.—The Commandant may pro- that there was no violation, issue an order such terms and conditions as the court de- mulgate rules for discovery procedures for denying the application. termines to be appropriate. hearings under this subsection. (2) MODIFICATION OF FINDINGS.—On admis- (D) ORDER.—An order issued by the Sec- (7) RIGHTS OF INTERESTED PERSONS.— retary of Labor under subparagraph (C) shall sion of additional evidence under paragraph (A) PUBLIC NOTICE.—Before issuing an order be subject to judicial review in the same (1), the Commandant or Administrator— assessing a class II civil penalty under this manner as orders and decisions of the Ad- (A) may modify findings of fact of the subsection, the Commandant shall provide ministrator are subject to judicial review Commandant or Administrator, as the case public notice of, and reasonable opportunity under this Act. may be, relating to a judicial proceeding, or to comment on, the proposed issuance of (c) COSTS AND EXPENSES.—In any case in make new findings of fact, by reason of the each order. which an order is issued under this section to additional evidence; and (B) PRESENTATION OF EVIDENCE.— abate a violation, at the request of the appli- (B) shall file with the return of the addi- (i) IN GENERAL.—Any person that com- cant, a sum equal to the aggregate amount tional evidence any modified or new find- ments on a proposed assessment of a class II of all costs and expenses (including attor- ings, and any related recommendations, for civil penalty under this subsection shall be neys’ fees), as determined by the Secretary the modification or setting aside of any given notice of— of Labor, to have been reasonably incurred original determinations of the Commandant (I) any hearing held under this subsection by the applicant for, or in connection with, or Administrator. relating to such assessment; and the institution and prosecution of the pro- SEC. 10. ENFORCEMENT. (II) any order assessing the penalty. ceedings, shall be assessed against the person (a) IN GENERAL.—Any person that violates (ii) HEARING.—In any hearing described in committing the violation. a provision of section 4 or any regulation clause (i)(I), a person described in clause (i)

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HEARING.— jurisdiction over a review under this para- (2) KNOWING VIOLATIONS.—Any person that (i) IN GENERAL.—If no hearing is held under graph— knowingly violates section 4 or any regula- subparagraph (B) before the date of issuance (i) shall not set aside or remand an order tion promulgated under this Act commits a of an order assessing a class II civil penalty described in subparagraph (C) unless— Class D felony under title 18, United States under this subsection, any person that com- (I) there is not substantial evidence in the Code. mented on the proposed assessment may, not record, taken as a whole, to support the find- (3) FALSE STATEMENTS.—Any person that later than 30 days after the date of issuance ing of a violation; or knowingly makes any false statement, rep- of the order, petition the Commandant— (II) the assessment by the Commandant of resentation, or certification in any record, (I) to set aside the order; and the civil penalty constitutes an abuse of dis- report, or other document filed or required (II) to provide a hearing on the penalty. cretion; and to be maintained under this Act or any regu- (ii) NEW EVIDENCE.—If any evidence pre- (ii) shall not impose additional civil pen- lation promulgated under this Act, or that sented by a petitioner in support of the peti- alties for the same violation unless the as- falsifies, tampers with, or knowingly renders tion under clause (i) is material and was not sessment by the Commandant of the civil inaccurate any testing or monitoring device considered in the issuance of the order, as penalty constitutes an abuse of discretion. or method required to be maintained under determined by the Commandant, the Com- (11) COLLECTION.— this Act or any regulation promulgated mandant shall immediately— (A) IN GENERAL.—If any person fails to pay under this Act, commits a Class D felony (I) set aside the order; and an assessment of a civil penalty after the as- under title 18, United States Code. (II) provide a hearing in accordance with sessment has become final, or after a court (e) REWARDS.— subparagraph (B)(ii). in a proceeding under paragraph (10) has en- (1) PAYMENTS TO INDIVIDUALS.— N GENERAL (iii) DENIAL OF HEARING.—If the Com- tered a final judgment in favor of the Com- (A) I .—The Commandant or the mandant denies a hearing under this sub- mandant, the Commandant shall request the court, as the case may be, may order pay- paragraph, the Commandant shall provide to Attorney General to bring a civil action in ment, from a civil penalty or criminal fine the petitioner, and publish in the Federal an appropriate district court to recover— collected under this section, of an amount 1 Register, notice of and the reasons for the (i) the amount assessed; and not to exceed ⁄2 of the civil penalty or fine, denial. (ii) interest that has accrued on the to any individual who furnishes information that leads to the payment of the civil pen- (8) FINALITY OF ORDER.— amount assessed, as calculated at currently alty or criminal fine. (A) IN GENERAL.—An order assessing a class prevailing rates beginning on the date of the (B) MULTIPLE INDIVIDUALS.—If 2 or more in- II civil penalty under this subsection shall final order or the date of the final judgment, dividuals provide information described in become final on the date that is 30 days after as the case may be. subparagraph (A), the amount available for the date of issuance of the order unless, be- (B) NONREVIEWABILITY.—In an action to re- payment as a reward shall be divided equi- fore that date— cover an assessed civil penalty under sub- tably among the individuals. (i) a petition for judicial review is filed paragraph (A), the validity, amount, and ap- (C) INELIGIBLE INDIVIDUALS.—No officer or under paragraph (10); or propriateness of the civil penalty shall not employee of the United States, a State, or an (ii) a hearing is requested under paragraph be subject to judicial review. Indian tribe who furnishes information or AILURE TO PAY PENALTY.—Any person (7)(C). (C) F renders service in the performance of the of- (B) DENIAL OF HEARING.—If a hearing is re- that fails to pay, on a timely basis, the ficial duties of the officer or employee shall quested under paragraph (7)(C) and subse- amount of an assessment of a civil penalty be eligible for a reward payment under this quently denied, an order assessing a class II under subparagraph (A) shall be required to subsection. civil penalty under this subsection shall be- pay, in addition to the amount of the civil (2) PAYMENTS TO STATES OR INDIAN come final on the date that is 30 days after penalty and accrued interest— TRIBES.—The Commandant or the court, as the date of the denial. (i) attorneys’ fees and other costs for col- the case may be, may order payment, from a (9) EFFECT OF ACTION ON COMPLIANCE.—No lection proceedings; and civil penalty or criminal fine collected under action by the Commandant under this sub- (ii) for each quarter during which the fail- this section, to a State or Indian tribe pro- section shall affect the obligation of any per- ure to pay persists, a quarterly nonpayment viding information or investigative assist- son to comply with any provision of this Act. penalty in an amount equal to 20 percent of ance that leads to payment of the penalty or (10) JUDICIAL REVIEW.— the aggregate amount of the assessed civil fine, of an amount that reflects the level of (A) IN GENERAL.—Any person against which penalties and nonpayment penalties of the information or investigative assistance pro- a civil penalty is assessed under this sub- person that are unpaid as of the beginning of vided. section, or that commented on the proposed the quarter. (3) PAYMENTS DIVIDED AMONG STATES, IN- assessment of such a penalty in accordance (12) SUBPOENAS.— DIAN TRIBES, AND INDIVIDUALS.—In a case in with paragraph (7), may obtain review of the (A) IN GENERAL.—The Commandant may which a State or Indian tribe and an indi- assessment in a court described in subpara- issue subpoenas for the attendance and testi- vidual under paragraph (1) are eligible to re- graph (B) by— mony of witnesses and the production of rel- ceive a reward payment under this sub- (i) filing a notice of appeal with the court evant papers, books, or documents in connec- section, the Commandant or the court shall within the 30-day period beginning on the tion with hearings under this subsection. divide the amount available for the reward date on which the civil penalty order is (B) REFUSAL TO OBEY.—In case of contu- equitably among those recipients. issued; and macy or refusal to obey a subpoena issued (f) LIABILITY IN REM.—A cruise vessel oper- (ii) simultaneously sending a copy of the under this paragraph and served on any per- ated in violation of this Act or any regula- notice by certified mail to the Commandant son— tion promulgated under this Act— and the Attorney General. (i) the district court of the United States (1) shall be liable in rem for any civil pen- (B) COURTS OF JURISDICTION.—Review of an for any district in which the person is found, alty or criminal fine imposed under this sec- assessment under subparagraph (A) may be resides, or transacts business, on application tion; and obtained by a person— by the United States and after notice to the (2) may be subject to a proceeding insti- (i) in the case of assessment of a class I person, shall have jurisdiction to issue an tuted in the district court of the United civil penalty, in— order requiring the person to appear and give States for any district in which the cruise (I) the United States District Court for the testimony before the Commandant or to ap- vessel may be found. District of Columbia; or pear and produce documents before the Com- (g) COMPLIANCE ORDERS.— (II) the district court of the United States mandant; and (1) IN GENERAL.—If the Commandant deter- for the district in which the violation oc- (ii) any failure to obey such an order of the mines that any person is in violation of sec- curred; or court may be punished by the court as a con- tion 4 or any regulation promulgated under (ii) in the case of assessment of a class II tempt of the court. this Act, the Commandant shall— civil penalty, in— (c) CIVIL ACTION.—The Commandant may (A) issue an order requiring the person to (I) the United States Court of Appeals for commence, in the district court of the comply with such section or requirement; or the District of Columbia Circuit; or United States for the district in which the (B) bring a civil action in accordance with (II) the United States court of appeals for defendant is located, resides, or transacts subsection (c). any other circuit in which the person resides business, a civil action to impose a civil pen- (2) COPIES OF ORDER; SERVICE.— or transacts business. alty under this subsection in an amount not (A) CORPORATE ORDERS.—In any case in (C) COPY OF RECORD.—On receipt of notice to exceed $25,000 for each day of violation. which an order under this subsection is under subparagraph (A)(ii), the Commandant (d) CRIMINAL PENALTIES.— issued to a corporation, a copy of the order shall promptly file with the appropriate (1) NEGLIGENT VIOLATIONS.—A person that shall be served on any appropriate corporate court a certified copy of the record on which negligently violates section 4 or any regula- officer.

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(B) METHOD OF SERVICE; SPECIFICATIONS.— (d) VENUE.— the Commandant and the Administrator An order issued under this subsection shall— (1) IN GENERAL.—Any civil action under such sums as are necessary to carry out this (i) be by personal service; this section shall be brought in— Act for each of fiscal years 2009 through 2013. (ii) state with reasonable specificity the (A) the United States District Court for (b) CRUISE VESSEL POLLUTION CONTROL nature of the violation for which the order the District of Columbia; or FUND.— was issued; and (B) any other district court of the United (1) ESTABLISHMENT.—There is established (iii) specify a deadline for compliance that States for any judicial district in which a in the general fund of the Treasury a sepa- is not later than— cruise vessel or the owner or operator of a rate account to be known as the ‘‘Cruise Ves- (I) 30 days after the date of issuance of the cruise vessel is located. sel Pollution Control Fund’’ (referred to in order, in the case of a violation of an interim (2) INTERVENTION.—In a civil action under this section as the ‘‘Fund’’). compliance schedule or operation and main- this section, the Administrator or the Com- (2) AMOUNTS.—The Fund shall consist of tenance requirement; or mandant, if not a party, may intervene as a such amounts as are deposited in the Fund (II) such date as the Commandant, taking matter of right. under subsection (c)(5). into account the seriousness of the violation (3) PROCEDURES.— (3) USE OF AMOUNTS IN FUND.—The Adminis- and any good faith efforts to comply with ap- (A) SERVICE.—In any case in which a civil trator and the Commandant may use plicable requirements, determines to be rea- action is brought under this section in a amounts in the Fund, without further appro- sonable, in the case of a violation of a final court of the United States, the plaintiff shall priation, to carry out this Act. deadline. serve a copy of the complaint on— (c) FEES ON CRUISE VESSELS.— (1) IN GENERAL.—The Commandant shall es- (h) CIVIL ACTIONS.— (i) the Attorney General; tablish and collect from each cruise vessel a (1) IN GENERAL.—The Commandant may (ii) the Administrator; and reasonable and appropriate fee for each pay- commence a civil action for appropriate re- (iii) the Commandant. ing passenger on a cruise vessel voyage, for lief, including a permanent or temporary in- (B) CONSENT JUDGMENTS.—No consent judg- use in carrying out this Act. junction, for any violation for which the ment shall be entered in a civil action under (2) ADJUSTMENT OF FEE.— Commandant is authorized to issue a compli- this section to which the United States is (A) IN GENERAL.—The Commandant shall ance order under this subsection. not a party before the date that is 45 days biennially adjust the amount of the fee es- (2) COURT OF JURISDICTION.— after the date of receipt of a copy of the pro- tablished under paragraph (1) to reflect (A) IN GENERAL.—A civil action under this posed consent judgment by— changes in the Consumer Price Index for All subsection may be brought in the district (i) the Attorney General; court of the United States for the district in Urban Consumers published by the Depart- (ii) the Administrator; and which the defendant is located, resides, or is ment of Labor during each 2-year period. (iii) the Commandant. (B) ROUNDING.—The Commandant may doing business. (e) LITIGATION COSTS.— (B) JURISDICTION.—A court described in round the adjustment in subparagraph (A) to (1) IN GENERAL.—A court of jurisdiction, in the nearest 1⁄10 of a dollar. subparagraph (A) shall have jurisdiction to issuing any final order in any civil action (3) FACTORS IN ESTABLISHING FEES.— grant injunctive relief to address a violation brought in accordance with this section, may (A) IN GENERAL.—In establishing fees under and require compliance by the defendant. award costs of litigation (including reason- SEC. 11. CITIZEN SUITS. paragraph (1), the Commandant may estab- able attorneys’ and expert witness fees) to lish lower levels of fees and the maximum (a) AUTHORIZATION.—Except as provided in any prevailing or substantially prevailing subsection (c), any citizen may commence a amount of fees for certain classes of cruise party, in any case in which the court deter- vessels based on— civil action on the citizen’s own behalf— mines that such an award is appropriate. (1) against any person (including the (i) size; (2) SECURITY.—In any civil action under (ii) economic share; and United States and any other governmental this section, the court of jurisdiction may, if instrumentality or agency to the extent per- (iii) such other factors as are determined a temporary restraining order or preliminary mitted by the eleventh amendment to the to be appropriate by the Commandant and injunction is sought, require the filing of a Constitution of the United States) that is al- Administrator. bond or equivalent security in accordance leged to be in violation of— (B) FEE SCHEDULES.—Any fee schedule es- with the Federal Rules of Civil Procedure. (A) the conditions imposed by section 4; tablished under paragraph (1), including the (f) STATUTORY OR COMMON LAW RIGHTS NOT (B) an effluent limit or performance stand- level of fees and the maximum amount of RESTRICTED.—Nothing in this section re- fees, shall take into account— ard under this Act; or stricts the rights of any person (or class of (i) cruise vessel routes; (C) an order issued by the Administrator or persons) under any statute or common law (ii) the frequency of stops at ports of call Commandant with respect to such a condi- to seek enforcement or other relief (includ- by cruise vessels; and tion, an effluent limit, or a performance ing relief against the Administrator or Com- (iii) other relevant considerations. standard; or mandant). (4) COLLECTION OF FEES.—A fee established (2) against the Administrator or Com- (g) CIVIL ACTION BY STATE GOVERNORS.—A mandant, in a case in which there is alleged Governor of a State may commence a civil under paragraph (1) shall be collected by the a failure by the Administrator or Com- action under subsection (a), without regard Commandant from the owner or operator of mandant to perform any nondiscretionary to the limitation under subsection (c), each cruise vessel to which this Act applies. act or duty under this Act. against the Administrator or Commandant (5) DEPOSITS TO FUND.—Notwithstanding (b) JURISDICTION.—The district courts of in any case in which there is alleged a failure any other provision of law, all fees collected the United States shall have jurisdiction, of the Administrator or Commandant to en- under this subsection, and all penalties and without regard to the amount in controversy force an effluent limit or performance stand- payments collected for violations of this Act, or the citizenship of the parties— ard under this Act, the violation of which is shall be deposited into the Fund. (1) to enforce a condition, effluent limit, causing— SEC. 15. EFFECT ON OTHER LAW. performance standard, or order described in (1) an adverse effect on the public health or (a) UNITED STATES.—Nothing in this Act subsection (a)(1); welfare in the State; or restricts, affects, or amends any other law or (2) to order the Administrator or Com- (2) a violation of any water quality re- the authority of any department, instrumen- mandant to perform a nondiscretionary act quirement in the State. tality, or agency of the United States. TATES AND NTERSTATE GENCIES or duty described in subsection (a)(2); and SEC. 12. SENSE OF CONGRESS ON BALLAST (b) S I A .— (3) to apply any appropriate civil penalties WATER. (1) IN GENERAL.—Except as provided in under section 10(b). It is the sense of Congress that action paragraph (2), nothing in this Act precludes (c) NOTICE.—No action may be commenced should be taken to enact legislation requir- or denies the right of any State (including a under this section— ing strong, mandatory standards for ballast political subdivision of a State) or interstate (1) before the date that is 60 days after the water to reduce the threat of aquatic agency to adopt or enforce— date on which the plaintiff gives notice of invasive species. (A) any standard or limit relating to the the alleged violation— SEC. 13. SENSE OF CONGRESS ON AIR POLLU- discharge of pollutants by cruise vessels; or (A) to the Administrator or Commandant; TION. (B) any requirement relating to the control and It is the sense of Congress that action or abatement of pollution. (B) to any alleged violator of the condi- should be taken to enact legislation requir- (2) EXCEPTION.—If an effluent limit, per- tion, effluent limit, performance standard, ing strong, mandatory standards for air formance standard, water quality standard, or order described in subsection (a)(1); or quality with respect to incineration and en- or any other prohibition or limitation is in (2) if the Administrator or Commandant gine activities of cruise vessels to reduce the effect under Federal law, a State (including has commenced and is diligently prosecuting level of harmful chemical and particulate air a political subdivision of a State) or inter- a civil or criminal action on the same matter pollutants. state agency may not adopt or enforce any in a court of the United States (but in any SEC. 14. FUNDING. effluent limit, performance standard, water such action, a citizen may intervene as a (a) AUTHORIZATION OF APPROPRIATIONS.— quality standard, or any other prohibition matter of right). There are authorized to be appropriated to that—

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6368 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 (A) is less stringent than the effluent the Committee on Banking, Housing, that first, historic Mother’s Day cele- limit, performance standard, water quality and Urban Affairs. bration in Grafton, that we as a Nation standard, or other prohibition or limitation Mr. ROCKEFELLER. Mr. President, I begin to reconnect with what Anna under this Act; or rise today to pay tribute to the women Jarvis was trying to achieve—commu- (B) impairs or in any manner affects any right or jurisdiction of the State with re- of our Nation who have the cherished nity recognition of the role that spect to the waters of the State. title of mother and grandmother. women play in all our lives. Whether through natural means, adop- Today, I am introducing legislation By Ms. SNOWE (for herself, Ms. tion or foster care, their patience and that authorizes the U.S. Treasury to COLLINS, and Mr. ISAKSON): unending well-spring of love and affec- mint commemorative coins to cele- S. 2882. A bill to amend title 10, tion make an incredible difference in brate the centennial of Grafton’s cele- United States Code, to provide for the the lives of children. bration. I am proud to have Senator presentation of a flag of the United No treasure, no riches can ever com- ROBERT C. BYRD as an original cospon- States to the children of members of pare with a profoundly reassuring hug, sor. The companion bill also has been the Armed Forces who die in service; to the kind words that soothe broken introduced in the House of Representa- the Committee on Armed Services. spirits, or that reminder, rooted in af- tives by my West Virginia colleague, Ms. SNOWE. Mr. President, I rise fection, that we’re not living up to our SHELLEY MOORE CAPITO. The proceeds today with my colleagues Senator COL- full potential. They inspire, believe and from the sale of these coins won’t go to LINS and Senator ISAKSON to introduce ultimately profess enormous pride in the Government. Instead they will go legislation that would provide the sec- us—no matter our successes or failures. to two organizations that are actively retaries of the military departments That is why it is not surprising that working to make a difference in the the authority to pay the necessary ex- a young woman from Grafton, West lives of our Nation’s women who are penses that would accompany the pres- Virginia, took to the streets of her battling breast cancer and entation of a flag to each child of a hometown to honor her recently de- osteoporosis—the Susan G. Komen for servicemember killed in the service of parted mother’s love and life by pass- the Cure Foundation and the National the Nation. ing out white carnations to all those Osteoporosis Foundation. The presentation of a remembrance who passed by. Anna Jarvis’ one simple Every day can, and should be Moth- flag to the family of a deceased service- act of personal commemoration in May er’s Day. Through this bill, Americans member is a time-honored tradition for 1908, grew year after year. Eventually, will now have the chance to show, with each of the services which commemo- Grafton’s efforts would be recognized the purchase of these coins, the high rates and memorializes the service of by the entire State of West Virginia in regard we have for not only our moth- our men and women in uniform who 1910. This was the first time a state ers and grandmothers, but our sisters have made the ultimate sacrifice to recognized Mother’s Day, and many and nieces, and all the women who protect the liberties and freedoms we more would soon follow. have made a difference in our lives. In cherish. The remembrance flag is a pro- In 1914, President Woodrow Wilson the process, we can contribute to fund- found symbol of the enduring apprecia- declared the first national Mother’s ing research that will improve the tion of a grateful Nation. Day, and from that day until now, quality of their lives. Regrettably, however, there is an mothers have been honored with flow- I urge my colleagues to support this oversight in current law affecting ers, breakfast in bed, and of course, legislation. which family members of a deceased those endearing homemade cards by servicemember may receive a flag. At little children that are steeped in sen- By Ms. COLLINS (for herself and present, the statute authorizes the sec- timent—and often covered in glitter, Mr. HATCH): retaries of the services to present only macaroni and school paste. S. 2884. A bill to amend the Internal two remembrance flags—one to the My wife Sharon would tell you that Revenue Code of 1986 to provide incen- parents of the deceased servicemember there is nothing more important than tives to improve America’s research and one to the person authorized to di- these simple gifts—first from our chil- competitiveness, and for other pur- rect disposition of the servicemember. dren, and now our grandchildren. They poses; to the Committee on Finance. In many instances, the person author- are cherished touchstones. Ms. COLLINS. Mr. President, I rise ized to direct disposition is also a pri- At the same time, we think of our today to introduce the Research & De- mary next of kin of the servicemember. mothers as invincible. However, not velopment Tax Credit Improvement However, in cases where the primary even our mothers are immune to age or Act of 2008, legislation which would ex- next of kin are the children of the de- disease. For many families across the tend the R&D tax credit for 5 years, ceased servicemember, which can occur country, Mother’s Day takes on even phase-out the Basic Credit, and raise in extended family situations, authori- deeper meanings as parents get older. the rate of the Alternative Simplified ties do not exist for the secretaries of In my own life, my mother was a tre- Credit from 12 percent to 20 percent by the services to provide a remembrance mendous force. Each Mother’s Day was 2010. flag to the children of deceased a celebration of her spirit, intellect Those who have followed the ongoing servicemembers. and determination—and all this was discussions regarding the R&D tax The legislation that my colleagues put to the test in her battle with Alz- credit will recognize that the legisla- and I are introducing today will rem- heimer’s disease. It’s not easy seeing tion I am introducing shares the frame- edy this oversight. We believe that the the woman who raised you struggle work of a proposal already put forward children of deceased servicemembers with an illness that robs her of her dig- by the senior Senator from the State of should also be able to receive a remem- nity and quality of life. I know that my Utah, my good friend ORRIN HATCH. brance flag in honor of the sacrifice family is not the only one that has Senator HATCH has done a superb job made by their parent. Clearly, this is been touched by this disease—and I am building a consensus around the need the right thing to do. I sincerely hope certainly not the only son who could to transition to the Alternative Sim- that my colleagues will join Senator talk in such a deeply personal way plified Credit, and to raise that credit COLLINS, Senator ISAKSON, and me in about losing a mother. But just like to provide a real incentive to the many supporting this important legislation. Anna Jarvis, my sisters and I sought to companies that are unable to benefit honor our mother—and perhaps in the from the Basic Credit structure. I ap- By Mr. ROCKEFELLER (for him- process help another mother or grand- plaud his efforts in this regard, and I self and Mr. BYRD): mother or family—by opening the thank him for lending his support to S. 2883. A bill to require the Sec- Blanchette Rockefeller Neurosciences the bill I am introducing today. retary of the Treasury to mint coins in Institute. I also want to note the contribution commemoration of the centennial of So it is altogether fitting and proper of the distinguished Chairman of the the establishment of Mother’s Day; to that as we prepare to commemorate Finance Committee, Senator BAUCUS,

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6369 who has worked side-by-side with Sen- we need to keep our economy competi- raising capital to provide low-cost fi- ator HATCH on the Research and Devel- tive, and to create the good, high-pay- nancing of manufacturing facilities. opment tax credit. ing jobs the American people deserve. These bonds, therefore, provide local The chief distinction between our The R&D tax credit provides an impor- authorities with an invaluable tool to two bills is the duration of the credit. tant incentive for this investment, but attract new employers and assist exist- The Hatch-Baucus bill proposes a per- it needs to be updated so more compa- ing one’s to grow. The result is a win- manent credit, while my bill would ex- nies can benefit from it. While making win situation for local communities tend the R&D tax credit for five years. the credit permanent is a worthwhile providing them with much needed jobs. I certainly share the goal of providing goal, the 5-year extension I am pro- Consequently, it only makes since to a permanent R&D tax credit, but I fear posing today is ‘‘do-able’’, and I urge ensure that these finance authorities that the cost of doing so puts it beyond my colleagues to support it. have maximum flexibility in options to our reach. Yet we simply cannot con- grow jobs. tinue to play ‘‘stop-and-go’’ with this By Ms. SNOWE (for herself, Mr. In addition, my bill provides some critical research incentive. Since the KERRY, Mr. SMITH, and Mr. technical clarity to distinguish be- R&D tax credit was first enacted in BROWN): tween the phrases ‘‘functionally re- 1981, Congress has had to extend it a S. 2885. A bill to amend the Internal lated and subordinate facilities’’ and dozen times, and it expired again at the Revenue Code of 1986 to expand the ‘‘directly related and acillary facili- end of last year. The constant uncer- availability of industrial development ties.’’ Until 1988, there was little confu- tainty about the status of the credit bonds to facilities manufacturing in- sion based on Treasury regulations has made it impossible for companies tangible property; to the Committee on going back to 1972 that made it clear to plan their research investments, and Finance. that ‘‘functionally related and subordi- has seriously diminished the credit’s Ms. SNOWE. Mr. President, I rise nate facilities’’ were clearly eligible for role as an incentive for research and today to introduce legislation that financing through private activity tax- development here in the U.S. would provide State and local develop- exempt bonds. A 5-year extension would give compa- ment finance authorities with greater But, Congress enacted the Technical nies enough time to plan their research flexibility in promoting economic and Miscellaneous Revenue Bond Act investments with the credit in mind, growth that meets the changing reali- of 1988 that imposed a limitation that restoring the incentive-effect the R&D ties of an ever more global economy. not more than 25 percent of tax- ex- credit has always been intended to pro- Specifically, my bill would expand the empt bond financing could be used on vide. Just as important, the time frame definition of ‘‘manufacturing’’ as it ‘‘directly related and ancillary facili- I am proposing, coupled with the in- pertains to the small-issue Industrial ties.’’ While these two phrases appear crease in the rate to 20 percent will Development Bond, IDB, program to to be very similar, they are indeed dis- allow for a smooth transition away include the creation of ‘‘intangible’’ tinguishable from each other. Unfortu- from the Basic Credit to the Alter- property. I am pleased to be joined by nately, the Internal Revenue Service native Simplified Credit. The Basic colleagues from both sides of the aisle has blurred this distinction between Credit has served its purpose, but it including Senators KERRY, SMITH, and the phrases which has had an adverse has become hopelessly outmoded. BROWN, in introducing this critical leg- impact on the way facilities are able to Under the Basic Credit methodology, islation to promote economic develop- utilize tax-exempt bond financing. My companies wishing to calculate their ment. legislation would make it clear that R&D credit must measure their current Our Nation’s capacity to innovate is ‘‘functionally related and subordinate investments against a base that is a key reason why our economy remains facilities’’ are not susceptible to the 25 stuck in the past—literally the tax the envy of the world, even during percent limitation. We must continue to encourage all years between 1984 and 1988. This period these difficult economic times. Knowl- avenues of economic development if is simply not relevant to today’s in- edge-based businesses have been at the Americas to compete in a changing and vestment decisions, and because of forefront of this innovation that has increasingly global economy and my that, fewer and fewer companies get bolstered the economy over the long- legislation is one small step in further- any benefit at all from the Basic Cred- term. For example, science parks have ance of that goal. I urge my colleagues it. helped lead the technological revolu- By contrast, the Alternative Sim- tion and have created more than 300,000 to join me in supporting this bill. Mr. President I ask unanimous con- plified Credit methodology allows com- high-paying science and technology sent that the text of the bill be printed panies to calculate their credit using a jobs, along with another 450,000 indi- rect jobs for a total of 750,000 jobs in in the RECORD. rolling average of their domestic in- There being no objection, the text of North America. vestments over their three most-recent the bill was ordered to be printed in tax years. It is clear that the promotion of the RECORD, as follows: The value of doing this is evidenced knowledge-based industries can be a S. 2885 by the fact that most companies have key economic tool for states and local- ities. This is especially true for states Be it enacted by the Senate and House of Rep- already switched to the Alternative resentatives of the United States of America in Simplified Credit, even though it has that have seen a loss in traditional Congress assembled, been on the books for less than a year- manufacturing. In my home state of SECTION 1. EXPANSION OF AVAILABILITY OF IN- and-a-half, and even though the credit Maine, we lost 28 percent of our total DUSTRIAL DEVELOPMENT BONDS TO rate is only 12 percent compared to the manufacturing employment over the FACILITIES MANUFACTURING IN- Basic Credit rate of 20 percent. last decade. I believe that it critical TANGIBLE PROPERTY. (a) EXPANSION TO INTANGIBLE PROPERTY.— The five-year extension I am pro- that we provide states and localities (1) IN GENERAL.—The first sentence of sec- posing will allow for a smooth transi- with a wider range of options in pro- tion 144(a)(12)(C) of the Internal Revenue tion to the Alternative Simplified moting economic development. My leg- Code of 1986 (defining manufacturing facil- Credit, and will bring the R&D tax islation will do just that by expanding ity) is amended— credit up-to-date. Companies which the availability small-issue IDBs to (A) by inserting ‘‘, creation,’’ after ‘‘used still rely on the Basic Credit will be al- new economy industries, such as soft- in the manufacturing’’, and lowed to continue that credit for an- ware and biotechnology, that have (B) by inserting ‘‘or intangible property other two years, just as is con- proven their ability to provide high- which is described in section 197(d)(1)(C)(iii)’’ before the period at the end. templated by the legislation that Sen- paying jobs. (2) CLARIFICATION.—The last sentence of ators HATCH and BAUCUS have worked These IDBs allow State and local de- section 144(a)(12)(C) of such Code is amended so hard on. velopment finance authorities, like the to read as follows: ‘‘For purposes of the first Investment in research and develop- Finance Authority of Maine, to issue sentence of this subparagraph, the term ment is critical to the breakthroughs tax-exempt bonds for the purpose of ‘manufacturing facility’ includes—

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6370 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 ‘‘(i) facilities which are functionally re- would extend relief from the alter- energy suffers, leading to declines be- lated and subordinate to a manufacturing fa- native minimum tax and extend other tween 73 percent and 93 percent in wind cility (determined without regard to this much-needed individual and business energy investment. clause), and provisions. We need to keep this credit going to ‘‘(ii) facilities which are directly related and ancillary to a manufacturing facility When the economy is turning down, ensure consistent investment in the (determined without regard to this clause) Americans need certainty about their wind power industry. if— taxes. Families and businesses need to This package would also promote en- ‘‘(I) such facilities are located on the same know what the tax law is. ergy efficiency. Efficiency is the low- site as the manufacturing facility, and That is why my bill provides a one hanging fruit in the energy debate. We ‘‘(II) not more than 25 percent of the net year patch for the AMT. The patch will can make big strides toward energy proceeds of the issue are used to provide such hold the number of taxpayers subject independence and a clean environment facilities.’’. to the AMT at 4.2 million. We will not by getting more for our energy buck. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to bonds let more taxpayers fall into the alter- For example, ENERGY STAR—a vol- issued after the date of the enactment of this native minimum tax. untary labeling program designed to Act. Last year, Congress did not put a promote energy-efficient products— Mr. KERRY. Mr. President, today, patch in place until December. We saved businesses, organizations, and Senator SNOWE and I are introducing must act sooner this year. Through consumers an estimated $14 billion in legislation that would expand the this bill, Congress can act. 2006. availability of the Industrial Develop- That is why my package contains a 2- Efficiency also creates jobs. The ment Bond, IDB, program. The small- year extension of provisions that ex- American Solar Energy Society re- issue IDB program has given State and pired at the end of last year. ported that in 2006, the efficiency in- local governments a low-cost source of These include the qualified tuition dustry created 8 million jobs, over half financing to create and retain jobs in deduction to give families relief from of them in manufacturing. manufacturing plants. high tuition costs. The government plays a key role in Over the years, numerous techno- My package also includes the teacher sustaining the efficiency industry, logical advances have driven software expense deduction. This deduction through tax incentives for efficient and biotechnology to the forefront of gives teachers some of the money that commercial buildings, homes, and ap- our economy. According to the U.S. they spend on school supplies to edu- pliances. Census Bureau, there are more than 400 cate our children. This package would also extend the biotechnology companies in Massachu- The package also includes the State clean renewable energy bonds, or setts alone, employing more than 42,000 and local sales tax deduction for those CREBs. and paying more than $5 billion in an- States without an income tax. CREBs passed in the Energy Policy nual salaries. The bill offers an extension of the re- Act of 2005. CREBs spurred more than Currently, the small-issue IDB pro- search and development credit. This 700 new wind, biomass, solar, and hydro gram is limited only to manufacturing credit gives an incentive to businesses projects. The number of projects far ex- facilities. As our economy continues to to invest in research. It helps to keep ceeded the funding available to pay for evolve, so must our policies. Our legis- America competitive in the global them. lation would allow IDBs to be used for economy. But CREBs funding lapsed at the end high-technology and biotechnology My package will also extend provi- of 2007. That halted development of uses. The definition of manufacturing sions that expire this year for an addi- new projects and the green-collar jobs would be broadened to include the cre- tional year. that go with them. We must keep these The bill extends much-needed energy ation of intangible property—specifi- projects going. provisions. cally, patents, copyrights, formulas, The CREBs provision was written for Public and private investment in the processes, designs, patterns, know-how non-taxable entities like rural co-ops. renewable energy sector was about $90 and other similar items. Those non-taxable entities cannot use billion worldwide last year. That’s a 27 Expanding the current definition of other tax incentives in this package. percent increase over 2006. manufacturing to include ‘‘knowledge I’ve listed just a few of the important based’’ companies would promote eco- Congress can direct this investment toward the U.S.—rather than over- energy items in this extenders bill. nomic development in our local com- There are more. And I plan to build munities as well as nationwide. This seas—by supporting clean energy tax incentives. upon this package as it makes its way legislation is supported by the Council through the legislative process, with of Development Finance Agencies. These incentives include tax credits for wind and solar power, efficient edits and additional items. The Fi- In addition to expanding the defini- nance Committee has been working to tion of manufacturing, the legislation buildings and appliances, and clean re- newable energy bonds. that end for the better part of a year. clarifies that a manufacturing facility Last June, the Finance Committee includes functionally related and sub- These provisions are not only good passed a roughly $30 billion energy-tax ordinate facilities as part of the facil- energy policy. They also create jobs. package, with a resounding bipartisan ity. This package would also extend wind This legislation will provide a boost and solar provisions. vote. A majority of the Senate voted to the economy by fostering develop- The American solar industry employs for that bill. ment in technology. I urge my col- 20,000 Americans. With a long-term ex- But we were just shy of getting the leagues to support this common sense tension of the solar tax credit, that required 60 votes. change. number would triple. We tried again in December, with a The American wind industry ex- slimmer package. That time, we fell By Mr. BAUCUS (for himself, Mr. panded by 45 percent in 2007. It contrib- short of the required 60 by just one GRASSLEY, Mr. SALAZAR, Mr. uted about 30 percent of the new power vote. SCHUMER, Ms. STABENOW, Mr. capacity in America last year. We then tried in February, as part of SMITH, Mr. CRAPO, Mr. ROCKE- These job-creating industries are economic stimulus bill. We offered a FELLER, Mr. KYL, and Ms. growing fast. We should support them. package very similar to what passed SNOWE): We know what happens when we don’t. last week. That amendment got 58 S. 2886. A bill to amend the Internal For example, the tax credit for pro- votes. Revenue Code of 1986 to amend certain duction of renewable energy was en- Last week, this body passed, by a expiring provisions; to the Committee acted in 1992, starting the growth of re- solid 88–8 vote, a package of energy-tax on Finance. newable power in the U.S. extenders, similar to the package con- Mr. BAUCUS. Mr. President, today I But since 1999, this credit has expired sidered during the economic stimulus am introducing a tax package that three times. And when it expires, clean debate.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.001 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6371 A vote of 88 to 8 might suggest that TITLE I—ALTERNATIVE MINIMUM TAX Sec. 318. Indian employment credit. there is smooth sailing ahead on en- RELIEF Sec. 319. Accelerated depreciation for busi- ergy-tax legislation. But I’m afraid Sec. 101. Extension of alternative minimum ness property on Indian res- tax relief for nonrefundable per- ervation. that’s not the case. Sec. 320. Railroad track maintenance. The day before the Senate passed its sonal credits. Sec. 102. Extension of increased alternative Sec. 321. Seven-year cost recovery period for housing bill, including the energy-tax minimum tax exemption motorsports racing track facil- package, the House Ways and Means amount. ity. Sec. 322. Expensing of environmental reme- Committee passed its own housing re- TITLE II—INDIVIDUAL TAX PROVISIONS lief bill. diation costs. Sec. 201. Election to include combat pay as Sec. 323. Extension of work opportunity tax The Ways and Means bill restated the earned income for purposes of House’s position on pay-go. The House credit for Hurricane Katrina the earned income credit. employees. requires that the most of the tax pack- Sec. 202. Distributions from retirement age be offset. plans to individuals called to TITLE IV—EXTENSIONS OF ENERGY How did the Ways and Means Com- active duty. PROVISIONS mittee offset the bill? Largely with a Sec. 203. Deduction for State and local sales Sec. 401. Extension of credit for energy effi- taxes. cient appliances. provision called ‘‘basis reporting.’’ Sec. 402. Extension of credit for nonbusiness President Bush included this in his 2009 Sec. 204. Deduction of qualified tuition and related expenses. energy property. budget proposal. Sec. 205. Deduction for certain expenses of Sec. 403. Extension of credit for residential In other words, the House paid for a elementary and secondary energy efficient property. tax package with an item already sup- school teachers. Sec. 404. Extension of renewable electricity, ported, at least in principle, by the Sec. 206. Modification of mortgage revenue refined coal, and Indian coal President. bonds for veterans. production credit. While I believe that this Congress Sec. 207. Tax-free distributions from indi- Sec. 405. Extension of new energy efficient home credit. should have paid for energy-tax legisla- vidual retirement plans for charitable purposes. Sec. 406. Extension of energy credit. tion with the offsets passed by Finance Sec. 208. Treatment of certain dividends of Sec. 407. Extension and modification of cred- Committee last year, it’s not clear that regulated investment compa- it for clean renewable energy passing that package gets us any fur- nies. bonds. ther to extending these important tax Sec. 209. Stock in RIC for purposes of deter- Sec. 408. Extension of energy efficient com- incentives. mining estates of nonresidents mercial buildings deduction. That is why I have been working on not citizens. TITLE V—TAX ADMINISTRATION offsets that can pass both bodies and be Sec. 210. Qualified investment entities. Sec. 501. Permanent authority for under- signed by the President. That is what I Sec. 211. Qualified conservation contribu- cover operations. tions. will continue to do to get these impor- Sec. 502. Permanent disclosures of certain TITLE III—BUSINESS TAX PROVISIONS tant energy items—as well as other tax return information. Sec. 503. Disclosure of information relating vital extenders—passed. Sec. 301. Extension and modification of re- search credit. to terrorist activities. By taking care of this now, we can Sec. 302. New markets tax credit. spend more of our time on other things TITLE I—ALTERNATIVE MINIMUM TAX Sec. 303. Subpart F exception for active fi- RELIEF like tax reform. nancing income. I plan to hold several hearings and Sec. 304. Extension of look-thru rule for re- SEC. 101. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE roundtables to cuss tax reform. We lated controlled foreign cor- PERSONAL CREDITS. began this week. I’m serious about sim- porations. (a) IN GENERAL.—Paragraph (2) of section plifying our tax code. I am serious Sec. 305. Extension of 15-year straight-line 26(a) (relating to special rule for taxable about helping the American people. cost recovery for qualified years 2000 through 2007) is amended— leasehold improvements and Congress should do more than just (1) by striking ‘‘or 2007’’ and inserting qualified restaurant improve- ‘‘2007, or 2008’’, and extend legislation. Congress needs to ments. (2) by striking ‘‘2007’’ in the heading thereof work on new policy, new legislation, Sec. 306. Enhanced charitable deduction for and inserting ‘‘2008’’. contributions of food inventory. and new ideas. And by enacting this (b) EFFECTIVE DATE.—The amendments legislation, we can turn to those im- Sec. 307. Extension of enhanced charitable made by this section shall apply to taxable portant goals. I urge my colleagues to deduction for contributions of years beginning after December 31, 2007. support this package. book inventory. Sec. 308. Modification of tax treatment of SEC. 102. EXTENSION OF INCREASED ALTER- Mr. President, I ask unanimous con- NATIVE MINIMUM TAX EXEMPTION certain payments to controlling AMOUNT. sent that the text of the bill be printed exempt organizations. (a) IN GENERAL.—Paragraph (1) of section in the RECORD. Sec. 309. Basis adjustment to stock of S cor- 55(d) (relating to exemption amount) is There being no objection, the text of porations making charitable amended— contributions of property. the bill was ordered to be printed in (1) by striking ‘‘($66,250 in the case of tax- Sec. 310. Increase in limit on cover over of the RECORD, as follows: able years beginning in 2007)’’ in subpara- rum excise tax to Puerto Rico S. 2886 graph (A) and inserting ‘‘($69,950 in the case and the Virgin Islands. of taxable years beginning in 2008)’’, and Be it enacted by the Senate and House of Rep- Sec. 311. Parity in the application of certain (2) by striking ‘‘($44,350 in the case of tax- resentatives of the United States of America in limits to mental health bene- able years beginning in 2007)’’ in subpara- Congress assembled, fits. graph (B) and inserting ‘‘($46,200 in the case SECTION 1. SHORT TITLE; AMENDMENT OF 1986 Sec. 312. Extension of economic develop- of taxable years beginning in 2008)’’. CODE; TABLE OF CONTENTS. ment credit for American (b) EFFECTIVE DATE.—The amendments (a) SHORT TITLE.—This Act may be cited as Samoa. the ‘‘Alternative Minimum Tax and Extend- Sec. 313. Extension of mine rescue team made by this section shall apply to taxable ers Tax Relief Act of 2008’’. training credit. years beginning after December 31, 2007. (b) AMENDMENT OF 1986 CODE.—Except as Sec. 314. Extension of election to expense TITLE II—INDIVIDUAL TAX PROVISIONS otherwise expressly provided, whenever in advanced mine safety equip- SEC. 201. ELECTION TO INCLUDE COMBAT PAY AS this Act an amendment or repeal is ex- ment. EARNED INCOME FOR PURPOSES OF pressed in terms of an amendment to, or re- Sec. 315. Extension of expensing rules for THE EARNED INCOME CREDIT. peal of, a section or other provision, the ref- qualified film and television (a) IN GENERAL.—Subclause (II) of section erence shall be considered to be made to a productions. 32(c)(2)(B)(vi) (defining earned income) is section or other provision of the Internal Sec. 316. Deduction allowable with respect amended by striking ‘‘January 1, 2008’’ and Revenue Code of 1986. to income attributable to do- inserting ‘‘January 1, 2010’’. (c) TABLE OF CONTENTS.—The table of con- mestic production activities in (b) CONFORMING AMENDMENT.—Paragraph tents of this Act is as follows: Puerto Rico. (4) of section 6428, as amended by the Eco- Sec. 1. Short title; amendment of 1986 Code; Sec. 317. Extension of qualified zone acad- nomic Stimulus Act of 2008, is amended to table of contents. emy bonds. read as follows:

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‘‘(4) EARNED INCOME.—The term ‘earned in- amended by striking ‘‘December 31, 2007’’ and SEC. 302. NEW MARKETS TAX CREDIT. come’ has the meaning set forth in section inserting ‘‘December 31, 2009’’. Subparagraph (D) of section 45D(f)(1) (re- 32(c)(2) except that such term shall not in- (c) EFFECTIVE DATE.—The amendments lating to national limitation on amount of clude net earnings from self-employment made by this section shall apply to dividends investments designated) is amended by which are not taken into account in com- with respect to taxable years of regulated in- striking ‘‘and 2008’’ and inserting ‘‘2008, and puting taxable income.’’. vestment companies beginning after Decem- 2009’’. (c) EFFECTIVE DATE.—The amendments ber 31, 2007. SEC. 303. SUBPART F EXCEPTION FOR ACTIVE FI- made by this section shall apply to taxable SEC. 209. STOCK IN RIC FOR PURPOSES OF DE- NANCING INCOME. years ending after December 31, 2007. TERMINING ESTATES OF NON- (a) EXEMPT INSURANCE INCOME.—Paragraph RESIDENTS NOT CITIZENS. SEC. 202. DISTRIBUTIONS FROM RETIREMENT (10) of section 953(e) (relating to application) (a) IN GENERAL.—Paragraph (3) of section PLANS TO INDIVIDUALS CALLED TO is amended— ACTIVE DUTY. 2105(d) (relating to stock in a RIC) is amend- (1) by striking ‘‘January 1, 2009’’ and in- ed by striking ‘‘December 31, 2007’’ and in- (a) IN GENERAL.—Clause (iv) of section serting ‘‘January 1, 2010’’, and serting ‘‘December 31, 2009’’. 72(t)(2)(G) is amended by striking ‘‘December (2) by striking ‘‘December 31, 2008’’ and in- (b) EFFECTIVE DATE.—The amendment serting ‘‘December 31, 2009’’. 31, 2007’’ and inserting ‘‘January 1, 2010’’. made by this section shall apply to decedents (b) EXCEPTION TO TREATMENT AS FOREIGN (b) EFFECTIVE DATE.—The amendment dying after December 31, 2007. made by this section shall apply to individ- PERSONAL HOLDING COMPANY INCOME.—Para- SEC. 210. QUALIFIED INVESTMENT ENTITIES. uals ordered or called to active duty on or graph (9) of section 954(h) (relating to appli- (a) IN GENERAL.—Clause (ii) of section after December 31, 2007. cation) is amended by striking ‘‘January 1, 897(h)(4)(A) (relating to termination) is 2009’’ and inserting ‘‘January 1, 2010’’. SEC. 203. DEDUCTION FOR STATE AND LOCAL amended by striking ‘‘December 31, 2007’’ and SALES TAXES. inserting ‘‘December 31, 2009’’. SEC. 304. EXTENSION OF LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN (a) IN GENERAL.—Subparagraph (I) of sec- (b) EFFECTIVE DATE.—The amendment CORPORATIONS. tion 164(b)(5) is amended by striking ‘‘Janu- made by subsection (a) shall take effect on (a) IN GENERAL.—Subparagraph (B) of sec- ary 1, 2008’’ and inserting ‘‘January 1, 2010’’. January 1, 2008. (b) EFFECTIVE DATE.—The amendment tion 954(c)(6) (relating to application) is SEC. 211. QUALIFIED CONSERVATION CONTRIBU- amended by striking ‘‘January 1, 2009’’ and made by this section shall apply to taxable TIONS. inserting ‘‘January 1, 2010’’. years beginning after December 31, 2007. (a) IN GENERAL.—Clause (vi) of section (b) EFFECTIVE DATE.—The amendment 170(b)(1)(E) (relating to termination) is SEC. 204. DEDUCTION OF QUALIFIED TUITION made by this section shall apply to taxable AND RELATED EXPENSES. amended by striking ‘‘December 31, 2007’’ and years of foreign corporations beginning after (a) IN GENERAL.—Subsection (e) of section inserting ‘‘December 31, 2009’’. December 31, 2007, and to taxable years of 222 (relating to termination) is amended by (b) CONTRIBUTIONS BY CORPORATE FARMERS United States shareholders with or within striking ‘‘December 31, 2007’’ and inserting AND RANCHERS.—Clause (iii) of section which such taxable years of foreign corpora- ‘‘December 31, 2009’’. 170(b)(2)(B) (relating to termination) is tions end. (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘December 31, 2007’’ and made by this section shall apply to taxable inserting ‘‘December 31, 2009’’. SEC. 305. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED years beginning after December 31, 2007. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to contribu- LEASEHOLD IMPROVEMENTS AND SEC. 205. DEDUCTION FOR CERTAIN EXPENSES tions made in taxable years beginning after QUALIFIED RESTAURANT IMPROVE- OF ELEMENTARY AND SECONDARY MENTS. December 31, 2007. SCHOOL TEACHERS. (a) IN GENERAL.—Clauses (iv) and (v) of sec- (a) IN GENERAL.—Subparagraph (D) of sec- TITLE III—BUSINESS TAX PROVISIONS tion 168(e)(3)(E) (relating to 15-year prop- tion 62(a)(2) (relating to certain expenses of SEC. 301. EXTENSION AND MODIFICATION OF RE- erty) are each amended by striking ‘‘January elementary and secondary school teachers) is SEARCH CREDIT. 1, 2008’’ and inserting ‘‘January 1, 2010’’. amended by striking ‘‘or 2007’’ and inserting (a) EXTENSION.—Section 41(h) (relating to (b) EFFECTIVE DATE.—The amendments ‘‘2007, 2008, or 2009’’. termination) is amended— made by this section shall apply to property (b) EFFECTIVE DATE.—The amendment (1) by striking ‘‘December 31, 2007’’ and in- placed in service after December 31, 2007. made by subsection (a) shall apply to taxable serting ‘‘December 31, 2009’’ in paragraph SEC. 306. ENHANCED CHARITABLE DEDUCTION years beginning after December 31, 2007. (1)(B), FOR CONTRIBUTIONS OF FOOD IN- (2) by redesignating paragraph (2) as para- SEC. 206. MODIFICATION OF MORTGAGE REV- VENTORY. ENUE BONDS FOR VETERANS. graph (3), and (a) IN GENERAL.—Clause (iv) of section (3) by inserting after paragraph (1) the fol- (a) QUALIFIED MORTGAGE BONDS USED TO 170(e)(3)(C) (relating to termination) is lowing new paragraph: FINANCE RESIDENCES FOR VETERANS WITHOUT amended by striking ‘‘December 31, 2007’’ and ‘‘(2) TERMINATION OF ALTERNATIVE INCRE- REGARD TO FIRST-TIME HOMEBUYER REQUIRE- inserting ‘‘December 31, 2009’’. MENTAL CREDIT.—No election under sub- MENT.—Subparagraph (D) of section 143(d)(2) (b) EFFECTIVE DATE.—The amendment (relating to exceptions) is amended by in- section (c)(4) shall apply to amounts paid or made by this section shall apply to contribu- incurred after December 31, 2007.’’. serting ‘‘and after the date of the enactment tions made after December 31, 2007. (b) MODIFICATION OF ALTERNATIVE SIM- of the Alternative Minimum Tax and Ex- SEC. 307. EXTENSION OF ENHANCED CHARI- PLIFIED CREDIT.—Paragraph (5)(A) of section TABLE DEDUCTION FOR CONTRIBU- tenders Tax Relief Act of 2008 and before 41(c) (relating to election of alternative sim- January 1, 2010’’ after ‘‘January 1, 2008’’. TIONS OF BOOK INVENTORY. plified credit) is amended to read as follows: (a) EXTENSION.—Clause (iv) of section (b) EFFECTIVE DATE.—The amendment ‘‘(A) IN GENERAL.— made by this section shall apply to bonds 170(e)(3)(D) (relating to termination) is ‘‘(i) CALCULATION OF CREDIT.—At the elec- amended by striking ‘‘December 31, 2007’’ and issued after the date of the enactment of this tion of the taxpayer, the credit determined Act. inserting ‘‘December 31, 2009’’. under subsection (a)(1) shall be equal to the (b) CLERICAL AMENDMENT.—Clause (iii) of SEC. 207. TAX-FREE DISTRIBUTIONS FROM INDI- applicable percentage (as defined in clause section 170(e)(3)(D) (relating to certification VIDUAL RETIREMENT PLANS FOR (ii)) of so much of the qualified research ex- by donee) is amended by inserting ‘‘of CHARITABLE PURPOSES. penses for the taxable year as exceeds 50 per- books’’ after ‘‘to any contribution’’. (a) IN GENERAL.—Subparagraph (F) of sec- cent of the average qualified research ex- (c) EFFECTIVE DATE.—The amendments tion 408(d)(8) (relating to termination) is penses for the 3 taxable years preceding the made by this section shall apply to contribu- amended by striking ‘‘December 31, 2007’’ and taxable year for which the credit is being de- tions made after December 31, 2007. inserting ‘‘December 31, 2009’’. termined. SEC. 308. MODIFICATION OF TAX TREATMENT OF (b) EFFECTIVE DATE.—The amendment ‘‘(ii) APPLICABLE PERCENTAGE.—For pur- CERTAIN PAYMENTS TO CONTROL- made by this section shall apply to distribu- poses of the calculation under clause (i), the LING EXEMPT ORGANIZATIONS. tions made in taxable years beginning after applicable percentage is— (a) IN GENERAL.—Clause (iv) of section December 31, 2007. ‘‘(I) 14 percent, in the case of taxable years 512(b)(13)(E) (relating to termination) is SEC. 208. TREATMENT OF CERTAIN DIVIDENDS ending before January 1, 2009, and amended by striking ‘‘December 31, 2007’’ and OF REGULATED INVESTMENT COM- ‘‘(II) 16 percent, in the case of taxable inserting ‘‘December 31, 2009’’. PANIES. years beginning after December 31, 2008.’’. (b) EFFECTIVE DATE.—The amendment (a) INTEREST-RELATED DIVIDENDS.—Sub- (c) CONFORMING AMENDMENT.—Subpara- made by this section shall apply to payments paragraph (C) of section 871(k)(1) (defining graph (D) of section 45C(b)(1) (relating to received or accrued after December 31, 2007. interest-related dividend) is amended by special rule) is amended by striking ‘‘Decem- SEC. 309. BASIS ADJUSTMENT TO STOCK OF S striking ‘‘December 31, 2007’’ and inserting ber 31, 2007’’ and inserting ‘‘December 31, CORPORATIONS MAKING CHARI- ‘‘December 31, 2009’’. 2009’’. TABLE CONTRIBUTIONS OF PROP- (b) SHORT-TERM CAPITAL GAIN DIVIDENDS.— (d) EFFECTIVE DATE.—The amendments ERTY. Subparagraph (C) of section 871(k)(2) (defin- made by this section shall apply to amounts (a) IN GENERAL.—The last sentence of sec- ing short-term capital gain dividend) is paid or incurred after December 31, 2007. tion 1367(a)(2) (relating to decreases in basis)

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.002 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6373 is amended by striking ‘‘December 31, 2007’’ SEC. 316. DEDUCTION ALLOWABLE WITH RE- TITLE IV—EXTENSIONS OF ENERGY and inserting ‘‘December 31, 2009’’. SPECT TO INCOME ATTRIBUTABLE PROVISIONS TO DOMESTIC PRODUCTION ACTIVI- (b) EFFECTIVE DATE.—The amendment TIES IN PUERTO RICO. SEC. 401. EXTENSION OF CREDIT FOR ENERGY made by this section shall apply to contribu- EFFICIENT APPLIANCES. (a) IN GENERAL.—Subparagraph (C) of sec- tions made in taxable years beginning after tion 199(d)(8) (relating to termination) is (a) IN GENERAL.—Subsection (b) of section December 31, 2007. amended— 45M (relating to applicable amount) is SEC. 310. INCREASE IN LIMIT ON COVER OVER OF (1) by striking ‘‘first 2 taxable years’’ and amended by striking ‘‘calendar year 2006 or RUM EXCISE TAX TO PUERTO RICO inserting ‘‘first 4 taxable years’’, and 2007’’ each place it appears in paragraphs AND THE VIRGIN ISLANDS. (2) by striking ‘‘January 1, 2008’’ and in- (1)(A)(i), (1)(B)(i), (1)(C)(ii)(I), and (a) IN GENERAL.—Paragraph (1) of section serting ‘‘January 1, 2010’’. (1)(C)(iii)(I), and inserting ‘‘calendar year 7652(f) is amended by striking ‘‘January 1, (b) EFFECTIVE DATE.—The amendments 2006, 2007, 2008, or 2009’’. 2008’’ and inserting ‘‘January 1, 2010’’. made by this section shall apply to taxable (b) RESTART OF CREDIT LIMITATION.—Para- (b) EFFECTIVE DATE.—The amendment years beginning after December 31, 2007. graph (1) of section 45M(e) (relating to aggre- made by this section shall apply to distilled SEC. 317. EXTENSION OF QUALIFIED ZONE ACAD- gate credit amount allowed) is amended by spirits brought into the United States after EMY BONDS. inserting ‘‘beginning after December 31, December 31, 2007. (a) IN GENERAL.—Paragraph (1) of section 2007’’ after ‘‘for all prior taxable years’’. SEC. 311. PARITY IN THE APPLICATION OF CER- 1397E(e) is amended by striking ‘‘and 2007’’ (c) EFFECTIVE DATE.—The amendments TAIN LIMITS TO MENTAL HEALTH and inserting ‘‘2007, 2008, and 2009’’. made by this section shall apply to appli- BENEFITS. (b) EFFECTIVE DATE.—The amendment ances produced after December 31, 2007. (a) IN GENERAL.—Subsection (f) of section made by this section shall apply to obliga- SEC. 402. EXTENSION OF CREDIT FOR NONBUSI- 9812 (relating to application of section) is tions issued after the date of the enactment NESS ENERGY PROPERTY. amended— of this Act. (a) IN GENERAL.—Section 25C(g) (relating (1) by striking ‘‘and’’ at the end of para- SEC. 318. INDIAN EMPLOYMENT CREDIT. to termination) is amended by striking ‘‘De- graph (2), (a) IN GENERAL.—Subsection (f) of section cember 31, 2007’’ and inserting ‘‘December 31, (2) by striking the period at the end of 45A (relating to termination) is amended by 2009’’. paragraph (3) and inserting ‘‘, and before the striking ‘‘December 31, 2007’’ and inserting (b) EFFECTIVE DATE.—The amendment date of the enactment of the Alternative ‘‘December 31, 2009’’. made by this section shall apply to property Minimum Tax and Extenders Tax Relief Act (b) EFFECTIVE DATE.—The amendment placed in service after December 31, 2007. of 2008, and’’, and made by this section shall apply to taxable SEC. 403. EXTENSION OF CREDIT FOR RESIDEN- (3) by adding at the end the following new years beginning after December 31, 2007. TIAL ENERGY EFFICIENT PROPERTY. paragraph: SEC. 319. ACCELERATED DEPRECIATION FOR Section 25D(g) (relating to termination) is ‘‘(4) after December 31, 2009.’’. BUSINESS PROPERTY ON INDIAN amended by striking ‘‘December 31, 2008’’ and RESERVATION. (b) AMENDMENT TO THE EMPLOYEE RETIRE- inserting ‘‘December 31, 2009’’. (a) IN GENERAL.—Paragraph (8) of section MENT INCOME SECURITY ACT OF 1974.—Section SEC. 404. EXTENSION OF RENEWABLE ELEC- 712(f) of the Employee Retirement Income 168(j) (relating to termination) is amended TRICITY, REFINED COAL, AND IN- Security Act of 1974 (29 U.S.C. 1185a(f)) is by striking ‘‘December 31, 2007’’ and insert- DIAN COAL PRODUCTION CREDIT. amended by inserting ‘‘, and before the date ing ‘‘December 31, 2009’’. Section 45(d) (relating to qualified facili- (b) EFFECTIVE DATE.—The amendment of the enactment of the Alternative Min- ties) is amended by striking ‘‘January 1, made by this section shall apply to property imum Tax and Extenders Tax Relief Act of 2009’’ each place it appears in paragraphs (1), placed in service after December 31, 2007. 2008, and after December 31, 2009’’ after ‘‘De- (2), (3), (4), (5), (6), (7), (8), (9), and (10) and in- cember 31, 2007’’. SEC. 320. RAILROAD TRACK MAINTENANCE. serting ‘‘January 1, 2010’’. (a) IN GENERAL.—Subsection (f) of section (c) AMENDMENT TO THE PUBLIC HEALTH SEC. 405. EXTENSION OF NEW ENERGY EFFI- 45G (relating to application of section) is CIENT HOME CREDIT. SERVICE ACT.—Section 2705(f) of the Public amended by striking ‘‘January 1, 2008’’ and Health Service Act (42 U.S.C. 300gg-5(f)) is Subsection (g) of section 45L (relating to inserting ‘‘January 1, 2010’’. amended by inserting ‘‘, and before the date termination) is amended by striking ‘‘De- (b) EFFECTIVE DATE.—The amendment of the enactment of the Alternative Min- cember 31, 2008’’ and inserting ‘‘December 31, made by this section shall apply to expendi- 2009’’. imum Tax and Extenders Tax Relief Act of tures paid or incurred during taxable years SEC. 406. EXTENSION OF ENERGY CREDIT. 2008, and after December 31, 2009’’ after ‘‘De- beginning after December 31, 2007. cember 31, 2007’’. (a) SOLAR ENERGY PROPERTY.—Paragraphs SEC. 321. SEVEN-YEAR COST RECOVERY PERIOD (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) (re- (d) EFFECTIVE DATE.—The amendments FOR MOTORSPORTS RACING TRACK made by this section shall apply to benefits FACILITY. lating to energy credit) are each amended by for services furnished on or after the date of (a) IN GENERAL.—Subparagraph (D) of sec- striking ‘‘January 1, 2009’’ and inserting the enactment of this Act. tion 168(i)(15) (relating to termination) is ‘‘January 1, 2010’’. (b) FUEL CELL PROPERTY.—Subparagraph SEC. 312. EXTENSION OF ECONOMIC DEVELOP- amended to read as follows: (E) of section 48(c)(1) (relating to qualified MENT CREDIT FOR AMERICAN ‘‘(D) APPLICATION OF PARAGRAPH.—Such SAMOA. term shall apply to property placed in serv- fuel cell property) is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem- (a) IN GENERAL.—Subsection (d) of section ice after the date of the enactment of the Al- 119 of division A of the Tax Relief and Health ternative Minimum Tax and Extenders Tax ber 31, 2009’’. Care Act of 2006 is amended— Relief Act of 2008 and before January 1, (c) MICROTURBINE PROPERTY.—Subpara- (1) by striking ‘‘first two taxable years’’ 2010.’’. graph (E) of section 48(c)(2) (relating to and inserting ‘‘first 4 taxable years’’, and (b) EFFECTIVE DATE.—The amendment qualified microturbine property) is amended (2) by striking ‘‘January 1, 2008’’ and in- made by this section shall apply to property by striking ‘‘December 31, 2008’’ and insert- serting ‘‘January 1, 2010’’. placed in service after the date of the enact- ing ‘‘December 31, 2009’’. (b) EFFECTIVE DATE.—The amendments ment of this Act. SEC. 407. EXTENSION AND MODIFICATION OF CREDIT FOR CLEAN RENEWABLE EN- made by this section shall apply to taxable SEC. 322. EXPENSING OF ENVIRONMENTAL REME- ERGY BONDS. years beginning after December 31, 2007. DIATION COSTS. (a) IN GENERAL.—Subsection (h) of section (a) EXTENSION.—Section 54(m) (relating to SEC. 313. EXTENSION OF MINE RESCUE TEAM termination) is amended by striking ‘‘De- TRAINING CREDIT. 198 (relating to termination) is amended by striking ‘‘December 31, 2007’’ and inserting cember 31, 2008’’ and inserting ‘‘December 31, Section 45N(e) (relating to termination) is 2009’’. amended by striking ‘‘December 31, 2008’’ and ‘‘December 31, 2009’’. (b) EFFECTIVE DATE.—The amendment (b) INCREASE IN NATIONAL LIMITATION.— inserting ‘‘December 31, 2009’’. made by this section shall apply to expendi- Section 54(f) (relating to limitation on SEC. 314. EXTENSION OF ELECTION TO EXPENSE tures paid or incurred after December 31, amount of bonds designated) is amended— ADVANCED MINE SAFETY EQUIP- 2007. (1) by striking ‘‘$1,200,000,000’’ in paragraph MENT. SEC. 323. EXTENSION OF WORK OPPORTUNITY (1) and inserting ‘‘$1,600,000,000’’, and Section 179E(g) (relating to termination) is TAX CREDIT FOR HURRICANE (2) by striking ‘‘$750,000,000’’ in paragraph amended by striking ‘‘December 31, 2008’’ and KATRINA EMPLOYEES. (2) and inserting ‘‘$1,000,000,000’’. inserting ‘‘December 31, 2009’’. (a) IN GENERAL.—Paragraph (1) of section (c) MODIFICATION OF RATABLE PRINCIPAL SEC. 315. EXTENSION OF EXPENSING RULES FOR 201(b) of the Katrina Emergency Tax Relief AMORTIZATION REQUIREMENT.— QUALIFIED FILM AND TELEVISION Act of 2005 is amended by striking ‘‘2-year’’ (1) IN GENERAL.—Paragraph (5) of section PRODUCTIONS. and inserting ‘‘ 4-year’’. 54(l) is amended to read as follows: Section 181(f) (relating to termination) is (b) EFFECTIVE DATE.—The amendment ‘‘(5) RATABLE PRINCIPAL AMORTIZATION RE- amended by striking ‘‘December 31, 2008’’ and made by subsection (a) shall apply to indi- QUIRED.—A bond shall not be treated as a inserting ‘‘December 31, 2009’’. viduals hired after August 27, 2007. clean renewable energy bond unless it is part

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.002 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6374 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 of an issue which provides for an equal Mr. KOHL. The legislation I have in- I also have a letter of support from a amount of principal to be paid by the quali- troduced with Senators COLLINS and variety of consumer groups including fied issuer during each 12-month period that LINCOLN attacks the growing problem the Center of Responsible Lending, the issue is outstanding (other than the first of foreclosure rescue scams. I held a re- Consumer Federation of America, Na- 12-month period).’’. vealing hearing in the Aging com- (2) TECHNICAL AMENDMENT.—The third sen- tional Community Reinvestment Coali- tence of section 54(e)(2) is amended by strik- mittee that uncovered the ways scam tion, and the National Council of La ing ‘‘subsection (l)(6)’’ and inserting ‘‘sub- artists prey on homeowners already in Raza. section (l)(5)’’. financial and emotional distress. These The foreclosure crisis is real. Most (d) EFFECTIVE DATE.—The amendments scams are another consequence of the communities across the country are ex- made by this section shall apply to bonds mortgage crisis that is plaguing our periencing both the primary and sec- issued after the date of the enactment of this country. ondary effects. It is important that we Act. For most people, their home is their address fraud at the front end of the SEC. 408. EXTENSION OF ENERGY EFFICIENT greatest asset. When a homeowner falls lending process, as well, as for those COMMERCIAL BUILDINGS DEDUC- behind in their mortgage payments, it TION. who face foreclosure. I hope that we Section 179D(h) (relating to termination) is is a great emotion strain. Scam artists can work together to move this legisla- amended by striking ‘‘December 31, 2008’’ and prey on an owner’s desperation and tion forward. inserting ‘‘December 31, 2009’’. give them a false sense of security, TITLE V—TAX ADMINISTRATION claiming they can help ‘‘save their By Mr. AKAKA (by request): home.’’ The types of scams vary, but SEC. 501. PERMANENT AUTHORITY FOR UNDER- S. 2889. A bill to amend title 38, COVER OPERATIONS. the end result is that the homeowner is United States Code, to improve vet- (a) IN GENERAL.—Section 7608(c) (relating left in a more desperate situation than erans’ health care benefits, and for to rules relating to undercover operations) is before. other purposes; to the Committee on amended by striking paragraph (6). There are three types of prevalent Veterans’ Affairs. (b) EFFECTIVE DATE.—The amendment scams. The first is ‘‘phantom help,’’ Mr. AKAKA. Mr. President, today I made by this section shall apply to oper- where the ‘‘rescuer’’ claims that they introduce legislation requested by the ations conducted after the date of the enact- call the homeowner’s lender and re-ne- Secretary of Veterans Affairs, as a ment of this Act. gotiate the loan for a fee. Often the courtesy to the Secretary and the De- SEC. 502. PERMANENT DISCLOSURES OF CER- homeowner will pay the fee and the TAIN TAX RETURN INFORMATION. partment of Veterans Affairs. Except ‘‘rescuer,’’ will abandon the home- (a) DISCLOSURES TO FACILITATE COMBINED in unusual circumstances, it is my owner without performing any inter- EMPLOYMENT TAX REPORTING.— practice to introduce legislation re- vention. The second is a ‘‘rent-to-own’’ (1) IN GENERAL.—Section 6103(d)(5) (relating quested by the Administration so that to disclosure for combined employment tax scheme which is set up to fail. A home- reporting) is amended— owner will sign over the title of the such measures will be available for re- (A) by striking ‘‘REPORTING’’ in the heading house and make monthly payments to view and consideration. thereof and all that follows through ‘‘The the scammer in order to help rebuild This ‘‘by-request’’ bill would address Secretary’’ in subparagraph (A) and insert- their credit. However, the monthly a range of issues. On the health care ing ‘‘REPORTING.—The Secretary’’, and payments are extremely high and often side, it would allow VA to contract (B) by striking subparagraph (B). with community residential care pro- (2) EFFECTIVE DATE.—The amendments result in the homeowner violating the contract and being evicted. Finally, a grams for veterans with serious trau- made by this subsection shall apply to dis- matic brain injury. It would also elimi- closures after the date of the enactment of homeowner may be tricked into un- this Act. knowingly signing over the title of nate copayments for all hospice care. (b) DISCLOSURES RELATING TO CERTAIN PRO- their house and power of attorney to Further, it would expand continuing GRAMS ADMINISTERED BY THE DEPARTMENT OF the scammer and the scammer will education benefits for physicians and VETERANS AFFAIRS.— then sell the house to a third party. dentists. Finally, it would allow the (1) IN GENERAL.—Section 6103(l)(7)(D) (re- The scam artist might give the home- Secretary to disclose the names and lating to programs to which rule applies) is addresses of certain VA patients with- amended by striking the last sentence. owner a small amount of money, but often only a fraction of the actual sell- out prior written consent to collect (2) TECHNICAL AMENDMENT.—Section payment from third-party health plans. 6103(l)(7)(D)(viii)(III) is amended by striking ing price. ‘‘sections 1710(a)(1)(I), 1710(a)(2), 1710(b), and As one can clearly see, these scams On the benefits side, this legislation 1712(a)(2)(B)’’ and inserting ‘‘sections are well crafted and extremely com- would permanently authorize VA to 1710(a)(2)(G), 1710(a)(3), and 1710(b)’’. plicated. Catie Doyle, the Chief attor- use data provided by the IRS and the SEC. 503. DISCLOSURE OF INFORMATION RELAT- ney for Legal Aid Society of Mil- Social Security Administration to ING TO TERRORIST ACTIVITIES. waukee, testified before the Special verify the incomes of recipients of (a) DISCLOSURE OF RETURN INFORMATION TO Committee on Aging, describing the needs-based benefits from VA. VA uses APPRISE APPROPRIATE OFFICIALS OF TER- difficulties and problems lawyers are this data to ensure that it does not dis- RORIST ACTIVITIES.—Clause (iv) of section burse benefits and payments to individ- 6103(i)(3)(C) (relating to termination) is facing when trying to help victims of amended by striking ‘‘December 31, 2007’’ and these scams. One major problem she uals who do not legally qualify to re- inserting ‘‘December 31, 2009’’. pointed out was that lawyers have to ceive them. (b) DISCLOSURE UPON REQUEST OF INFORMA- piece together both state and federal This legislation would also provide a TION RELATING TO TERRORIST ACTIVITIES.— laws to untangle these scams. cost-of-living increase for VA dis- Subparagraph (E) of section 6103(i)(7) (relat- The Foreclosure Rescue Fraud Act ability compensation for service-con- ing to termination) is amended by striking that Senators COLLINS, LINCOLN and I nected veterans and dependency and in- ‘‘December 31, 2007’’ and inserting ‘‘Decem- are offering will remedy Ms. Doyle’s demnity compensation for survivors. ber 31, 2009’’. concerns. While there are some states I am introducing this bill for the re- (c) EFFECTIVE DATE.—The amendments made by this section shall apply to disclo- that have foreclosure rescue scam laws view and consideration of my col- sures after the date of the enactment of this or are in the process of enacting them, leagues at the request of the Adminis- Act. many homeowners still go unprotected tration. As chairman of the Committee from these predators. This legislation on Veterans’ Affairs, I have not taken By Mr. KOHL (for himself, Ms. will require that all contracts between a position on this legislation. COLLINS, and Mrs. LINCOLN): a foreclosure consultant be in writing Mr. President, I ask unanimous con- S. 2888. A bill to protect the property and fully disclose the nature of the sent that the text of the bill and a let- and security of homeowners who are services and the exact amount. Addi- ter of support be printed in the subject to foreclosure proceedings, and tionally, the bill prohibits up-front fees RECORD. for other purposes; to the Committee from being collected and prohibits a There being no objection, the mate- on Banking, Housing, and Urban Af- ‘‘consultant’’ from obtaining the power rial was ordered to be printed in the fairs. of attorney from a homeowner. RECORD, as follows:

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.002 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6375 S. 2889 provided for a non-service-connected dis- States Code, to improve veterans’ health Be it enacted by the Senate and House of Rep- ability.’’ care benefits and for other purposes,’’ We re- resentatives of the United States of America in SEC. 7. PERMANENT AUTHORITY TO CARRY OUT quest that the bill be referred to the appro- Congress assembled, INCOME VERIFICATION. priate committee for prompt consideration Section 5317 is amended by striking sub- and enactment. Enclosed with the bill is a SECTION 1. SHORT TITLE; REFERENCES TO TITLE section (g). 38, UNITED STATES CODE. sectional analysis that describes each provi- SEC. 8. INCREASE IN RATES OF DISABILITY COM- sion, provides a rationale for the provision, (a) SHORT TITLE.—This Act may be cited as PENSATION AND DEPENDENCY AND and provides estimates of the costs, savings the ‘‘Veterans Health Care Act of 2008’’. INDEMNITY COMPENSATION. and revenues that would result from enact- (b) REFERENCES.—Except as otherwise ex- (a) RATE ADJUSTMENT.—The Secretary of ment. Our draft bill includes proposals con- pressly provided, whenever in this Act an Veterans Affairs shall, effective on December tained in the President’s FY 09 budget re- amendment or repeal is expressed in terms of 1, 2008, increase the dollar amounts in effect quest, to include a cost-of living increase in an amendment or repeal to a section or other for the payment of disability compensation rates of disability compensation and depend- provision, the reference shall be considered and dependency and indemnity compensa- ency and indemnity compensation. Two of to be made to a section or other provision of tion by the Secretary, as specified in sub- the proposals are discussed in further detail title 38, United States Code. section (b). below. SEC. 2. SPECIALIZED RESIDENTIAL CARE AND (b) AMOUNTS TO BE INCREASED.—The dollar This Administration advocates focusing REHABILITATION FOR CERTAIN VET- amounts to be increased pursuant to sub- greater attention on the long-term residen- ERANS. section (a) are the following: tial rehabilitation needs of veterans with Section 1720 is amended by adding at the (1) COMPENSATION.—Each of the dollar traumatic brain injuries who do not require amounts in effect under section 1114 of title end the following new subsection: nursing home care but are unable to live 38, United States Code; ‘‘(g) The Secretary may contract with ap- independently in their homes. In furtherance (2) ADDITIONAL COMPENSATION FOR DEPEND- propriate entities to provide specialized resi- of that policy, our bill would authorize the ENTS.—Each of the dollar amounts in effect dential care and rehabilitation services to a Secretary, in carrying out the Department of veteran of Operation Enduring Freedom or under section 1115(1) of such title; (3) CLOTHING ALLOWANCE.—The dollar Veterans Affairs (VA) community residential Operation Iraqi Freedom who the Secretary care program, to contract for specialized res- determines suffers from a traumatic brain amount in effect under section 1162 of such title; idential care and rehabilitation services for injury, has an accumulation of deficits in ac- (4) NEW DIC RATES.—Each of the dollar veterans of Operation Enduring Freedom tivities of daily living and instrumental ac- amounts in effect under paragraphs (1) and and/or Operation Iraqi Freedom (OEF/OIF) tivities of daily living, and who, because of (2) of section 1311(a) of such title; who: (1) suffer from traumatic brain injury, these deficits, would otherwise require ad- (5) OLD DIC RATES.—Each of the dollar (2) have an accumulation of deficits in ac- mission to a nursing home even though such amounts in effect under section 1311(a)(3) of tivities of daily living and instrumental ac- care would generally exceed the veteran’s such title; tivities of daily living that affects their abil- nursing needs. (6) ADDITIONAL DIC FOR SURVIVING SPOUSES ity to care for themselves, and (3) would oth- SEC. 3. REIMBURSEMENT FOR CERTAIN CON- WITH MINOR CHILDREN.—The dollar amount erwise receive their care and rehabilitation TINUING EDUCATION. in effect under section 1311(b) of such title; in a nursing home, which exceeds their nurs- Section 7411 is amended to read: (7) ADDITIONAL DIC FOR DISABILITY.—Each ing needs. This authority would provide the ‘‘The Secretary shall provide full-time of the dollar amounts in effect under sub- Department with a far more appropriate board-certified physicians and dentists ap- sections (c) and (d) of section 1311 of such treatment setting for the provision of long- pointed under section 7401(1) of this title the title; term rehabilitation services. VA estimates (8) DIC FOR DEPENDENT CHILDREN.—Each of opportunity to continue their professional the discretionary cost of this proposal to be the dollar amounts in effect under sections education through VA sponsored continuing $1,427,000 in fiscal year 2009 and $79,156,000 education programs. The Secretary may re- 1313(a) and 1314 of such title. (c) DETERMINATION OF INCREASE.— over a 10-year period. imburse the physician or dentist up to $1,000 (1) The increase under subsection (a) shall In 2004, Congress amended the law to elimi- per year for continuing professional edu- be made in the dollar amounts specified in nate copayment requirements for hospice cation not available through VA sources.’’. subsection (b) as in effect on November 30, care furnished in a VA nursing home. The SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE 2008. bill contains a provision to exempt all hos- CARE. (2) Except as provided in paragraph (3), pice care from copayments by amending 38 (a) Section 1710(f)(1) is amended by adding each such amount shall be increased by the U.S.C. § 1710 to eliminate co-payment re- ‘‘(except if such care constitutes hospice same percentage as the percentage by which quirements for veterans receiving VA hos- care)’’ after ‘‘nursing home care’’; benefit amounts payable under title II of the pice care either in a VA hospital or at home (b) Section 1710(g)(1) is amended by adding Social Security Act (42 U.S.C. 401 et seq.) are on an outpatient basis. The provision would ‘‘(except if such care constitutes hospice increased effective December 1, 2008, as a re- provide equitable treatment for all veterans care)’’ after ‘‘medical services’’. sult of a determination under section 215(i) receiving such care and would also align VA SEC. 5. UPDATE OF VOLUNTARY HIV TESTING of such Act (42 U.S.C. 415(i)). with the Medicare program, which does not POLICY. (3) Each dollar amount increased pursuant impose co-payments for hospice care (regard- Section 124 of the Veterans’ Benefits and to paragraph (2) shall, if not a whole dollar less of setting). There are no costs associated Services Act of 1988 (title I of Public Law amount, be rounded down to the next lower with enactment of this proposal. Projected 100–322, as amended; 38 U.S.C. 7333 note) is re- whole dollar amount. discretionary revenue loss is estimated to be pealed. (d) SPECIAL RULE.—The Secretary may ad- $149,000 in fiscal year 2009 and $1,400,000 over just administratively consistent with the in- SEC. 6. DISCLOSURE OF MEDICAL RECORDS. 10 years. creases made under subsection (a), the rates The Office of Management and Budget ad- (a) LIMITED EXCEPTION TO CONFIDENTIALITY of disability compensation payable to per- vises that the transmission of this legisla- OF MEDICAL RECORDS.—Section 5701 is sons within the purview of section 10 of Pub- tive package is in accord with the Presi- amended by adding at the end of the fol- lic Law No. 85–857 (72 Stat. 1263) who are not dent’s program. lowing new subsection: in receipt of compensation payable pursuant Sincerely yours, ‘‘(1) Under regulations that the Secretary to chapter 11 of title 38, United States Code. JAMES B. PEAKE, M.D. shall prescribe, the Secretary may disclose (e) PUBLICATION OF ADJUSTED RATES.—At the name or address, or both, of any indi- the same time as the matters specified in By Mr. MCCAIN (for himself, Mr. vidual who is a present or former member of section 215(i)(2)(D) of the Social Security Act the Armed Forces, or who is a dependent of (42 U.S.C. 415(i)(2)(D)) are required to be pub- KYL, Mr. BURR, Mr. GRAHAM, a present or former member of the Armed lished by reason of a determination made Mr. MARTINEZ, Mr. WARNER, Forces, to a third party, as defined in section under section 215(i) of such Act during fiscal Mr. CHAMBLISS, Mr. LIEBERMAN, 1729(i)(3)(D) of this title, in order to enable year 2009, the Secretary of Veterans Affairs and Mr. SUNUNU): the Secretary to collect reasonable charges shall publish in the Federal Register the S. 2890. A bill to amend the Internal under section 1729(a)(2)(E) of this title for amounts specified in subsection (b), as in- Revenue Code of 1986 to provide for a care or services provided for a non-service- creased pursuant to subsection (a). highway fuel tax holiday; to the Com- connected disability.’’ mittee on Finance. (b) DISCLOSURES FROM CERTAIN MEDICAL THE SECRETARY OF VETERANS AFFAIRS, Mr. MCCAIN. Mr. President, I am RECORDS.—Section 7332(b)(2) is amended by Washington, March 18, 2008. pleased to be joined today by Senators adding at the end the following new subpara- Hon. RICHARD B. CHENEY, KYL, BURR, GRAHAM, MARTINEZ, WAR- graph: ‘‘(F) To a third party, as defined in President of the Senate, section 1729(i)(3)(D) of this title, to collect Washington, DC. NER, CHAMBLISS, LIEBERMAN, WICKER reasonable charges under section DEAR MR. PRESIDENT: We are transmitting and SUNUNU in introducing legislation 1729(a)(2)(E) of this title for care or services a draft bill, ‘‘To amend title 38, United that would provide all Americans with

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.002 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6376 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 a ‘‘gas tax holiday’’ this summer. This By Mr. KENNEDY (for himself, teaching and research assistants at pri- bill would suspend the 18.4 cents-per- Mrs. CLINTON, Mr. OBAMA, Mr. vate universities and colleges and re- gallon Federal tax on gasoline and the BROWN, Mr. FEINGOLD, and Mr. stores the law to where it was before 24.4 cents-per-gallon tax on diesel fuel SCHUMER): the Bush board’s anti-worker decision. from Memorial Day to Labor Day. S. 2891. A bill to amend the National This bill is a significant step forward Today, this legislation was put for- Labor Relations Act to apply the pro- in restoring workers’ rights, and I urge ward on the Senate floor as an amend- tections of the Act to teaching and re- my colleagues to join in supporting ment to the Highway Technical Correc- search assistants; to the Committee on this important legislation. tions bill, but it was blocked from Health, Education, Labor, and Pen- f being considered. I now call on my col- sions. leagues on both sides of the aisle to Mr. KENNEDY. Mr. President, it is SUBMITTED RESOLUTIONS come together to support this proposal important for Congress to do more to that would provide immediate relief to guarantee graduate students the right all Americans suffering from the high to organize and to bargain over their SENATE RESOLUTION 519—WEL- price of gas. wages and working conditions as teach- COMING POPE BENEDICT XVI TO THE UNITED STATES AND REC- Mr. President, hardworking Amer- ing and research assistants, so I am in- troducing legislation today to do so. OGNIZING THE UNIQUE INSIGHTS ican families are facing many difficult HIS MORAL AND SPIRITUAL RE- challenges due to the current economic More than ever in modern education, teaching and research assistants are in FLECTIONS BRING TO THE realities facing our country. Now, more WORLD STAGE than ever, they find themselves having classrooms every day, educating stu- to choose between basic needs to pro- dents in colleges and universities Mr. BROWNBACK (for himself, Mr. vide for their families, and this is being across the country. Their numbers are CASEY, Mr. MCCAIN, Mr. COLEMAN, Mr. greatly exacerbated by rising gasoline increasing as the number of full time BURR, Ms. COLLINS, Mr. DOMENICI, Mrs. prices, which have risen by more than faculty dwindles. Often, teaching and DOLE, Mrs. HUTCHISON, Mr. CRAIG, Ms. 58 percent in the last 14 months. That research assistants are now doing the MURKOWSKI, Mr. THUNE, Mr. is why I am pleased to be joined by so same job as junior faculty members. CHAMBLISS, Mr. ENZI, Ms. MIKULSKI, many of my colleagues in offering a In fact, the classroom is a workplace Mr. HATCH, Mr. ROBERTS, Mr. ALLARD, proposal to provide some needed relief for these scholars. It’s where they earn Mr. AKAKA, Mr. ALEXANDER, Mr. for every person who will be filling the money they need to pay to put food BARRASSO, Mr. BAUCUS, Mr. BAYH, Mr. their gas or diesel tanks this summer. on their tables and a roof over their BENNETT, Mr. BIDEN, Mr. BINGAMAN, heads. They deserve the right to stand In the past year, the price of un- Mr. BOND, Mrs. BOXER, Mr. BROWN, Mr. together and make their voice heard in leaded regular gas has increased 53 BUNNING, Mr. BYRD, Ms. CANTWELL, Mr. their workplace. Like other employees, cents per gallon. Diesel fuel prices na- CARDIN, Mr. CARPER, Mrs. CLINTON, Mr. they should have the right to join a tionwide are now over $1.30 more per COBURN, Mr. COCHRAN, Mr. CONRAD, Mr. union and improve their working con- gallon more than this time last year. CORKER, Mr. CORNYN, Mr. CRAPO, Mr. ditions. Obviously, better wages and With the growing financial strains DEMINT, Mr. DODD, Mr. DORGAN, Mr. working conditions for them also placed on so many Americans—rising DURBIN, Mr. ENSIGN, Mr. FEINGOLD, means better education for their stu- food prices and falling home prices— Mrs. FEINSTEIN, Mr. GRAHAM, Mr. dents. the additional hit of rising fuel prices GRASSLEY, Mr. GREGG, Mr. HAGEL, Mr. In 2004, however, a decision by the HARKIN, Mr. INHOFE, Mr. INOUYE, Mr. is becoming the breaking point. National Labor Relations Board In an effort to ease some of the hard- ISAKSON, Mr. JOHNSON, Mr. KENNEDY, changed the law and denied funda- Mr. KERRY, Ms. KLOBUCHAR, Mr. KOHL, ship caused by the higher fuel prices, mental workplace rights and protec- our bill would suspend the Federal tax Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- tions for teaching and research assist- BERG, Mr. LEAHY, Mr. LEVIN, Mr. on gas and the tax on diesel fuel from ants. This ruling stopped an active or- Memorial Day to Labor Day. Last Me- LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, ganizing movement in its tracks and Mr. MARTINEZ, Mrs. MCCASKILL, Mr. morial Day, alone, approximately 32 deprived thousands of teaching and re- million Americans traveled by car 50 MCCONNELL, Mr. MENENDEZ, Mrs. MUR- search assistants of their right to orga- RAY, Mr. NELSON of Florida, Mr. NEL- miles or more from home. Suspending nize and bargain over their wages and the federal excise tax during the sum- SON of Nebraska, Mr. OBAMA, Mr. working conditions. PRYOR, Mr. REED, Mr. REID, Mr. ROCKE- mer, when fuel prices have historically It is hardly the only bad decision by been at the highest annually, would FELLER, Mr. SALAZAR, Mr. SANDERS, the National Labor Relations Board Mr. SCHUMER, Mr. SESSIONS, Mr. SHEL- allow Americans to keep a few more of under the Bush administration, which their hard-earned dollars. BY, Mr. SMITH, Ms. SNOWE, Mr. SPEC- has been the most anti-worker, anti- TER, Ms. STABENOW, Mr. STEVENS, Mr. Now, let me be clear: this bill would labor, anti-union NLRB in history. The SUNUNU, Mr. TESTER, Mr. VITTER, Mr. not harm the Highway Trust Fund. Board has let workers down at every VOINOVICH, Mr. WARNER, Mr. WEBB, Mr. This bill would ensure that the High- turn. It has blocked efforts to gain WHITEHOUSE, Mr. WICKER, and Mr. way Trust Fund remains whole during union representation, undermined WYDEN) submitted the following reso- this ‘‘gas tax holiday’’ by transferring workers’ attempts to improve their pay lution; which was considered and monies from the General Treasury. We and benefits, and exposed them to pen- agreed to: all agree that our roads and highways alties for seeking to improve their S. RES. 519 must be maintained and improved to working conditions. ensure the safety of the road-traveling The National Labor Relations Board Whereas Pope Benedict XVI will travel to public, and this amendment would do the United States for his first pastoral visit is supposed to protect the rights of as Pope and will visit Washington, DC, and nothing to impact highway construc- American workers, but it is failing New York; tion. teaching and research assistants, just Whereas Pope Benedict XVI was elected as So, my colleagues have an oppor- as it has failed so many others. By the 265th Bishop of Rome on April 19, 2005, tunity to take meaningful action to passing the Teaching and Research As- succeeding the much beloved Pope John Paul ease some of the financial burdens that sistants Collective Bargaining Rights II; are impacting all hardworking Ameri- Act, Congress will give these workers Whereas the visit of Pope Benedict XVI cans every time they fill up their gas back the rights that the National will mark the 9th visit of a pope to the United States, recognizing the historical im- or diesel tanks. Let’s put some acton Labor Relations Board has taken away. portance of the Catholic Church in American behind the usual rhetoric around here This legislation amends the definition life, the deep faith and charity of its mem- and vote to ease their tax burden this of employee under the National Labor bers, and the responsibilities of the United summer. Relations Act to explicitly include States in world affairs;

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.002 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6377 Whereas Pope Benedict XVI has spoken ap- Whereas education and increasing public conservation and management efforts provingly of the vibrance of religious faith in awareness are the first steps in effectively that have helped significantly restore the United States, a faith nourished by a informing the public about endangered spe- populations of California condor, the constitutional commitment to religious lib- cies and species restoration efforts: Now, least Bell’s vireo songbird, and the erty; therefore, be it Whereas Pope Benedict XVI remains com- Resolved, That the Senate— California gray whale. Over 300 species mitted to ecumenical dialogue and, during (1) designates May 16, 2008, as ‘‘Endangered classified as either endangered or his trip to the United States, will meet with Species Day’’; and threatened currently call California leaders of world religions and representa- (2) encourages schools to spend at least 30 home, and efforts to protect them will tives of other Christian denominations and minutes on Endangered Species Day teach- ensure that they continue to do so. will visit a synagogue in New York City, all ing and informing students about— Despite these success stories, we need demonstrating his commitment to sincere (A) threats to endangered species around to be aware that more can be done. At the world; and dialogue and unity among all members of the this time, we have more than 5,000 human family; (B) efforts to restore endangered species, Whereas Pope Benedict XVI has authored 2 including the essential role of private land- threatened species in the U.S. and encyclical letters inviting the world to medi- owners and private stewardship in the pro- abroad, which receive protection. One tate on the virtues of love and hope, ‘‘Deus tection and recovery of species; and small step is to increase awareness caritas est’’ and ‘‘Spe salvi’’; (3) encourages organizations, businesses, about the seriousness of the cir- Whereas millions of Americans have dis- private landowners, and agencies with a cumstances facing many of these en- covered in Pope Benedict ’s words a renewed shared interest in conserving endangered dangered species and educating the faith in the power of hope over despair and species to collaborate in developing edu- public about them. cational information for use in schools; and love over hate; I am introducing this bill with the Whereas Pope Benedict XVI has been a (4) encourages the people of the United clear and courageous voice for the voiceless, States— hope that Endangered Species Day can working tirelessly for the recognition of (A) to become educated about, and aware spark the wonder and interest in our human dignity and religious freedom across of, threats to species, success stories in spe- youth to continue the conservation ef- the globe; cies recovery, and opportunities to promote forts we have begun, but still are far Whereas Pope Benedict XVI has spoken out species conservation worldwide; and from finishing. for the weak and vulnerable; (B) to observe the day with appropriate I urge my colleagues to join me in Whereas Pope Benedict XVI seeks to ad- ceremonies and activities. supporting this resolution. vance a ‘‘civilization of love’’ across our Mrs. FEINSTEIN. Mr. President, I world; and rise today to introduce a resolution to f Whereas Catholics in parishes and schools establish the third annual Endangered SENATE RESOLUTION 521—AU- across the Nation, and countless other Amer- Species Day on May 16, 2008. I am in- THORIZING THE TAKING OF A icans as well, eagerly await the visit of Pope Benedict XVI to the United States: Now, troducing this resolution with Sen- PHOTOGRAPH IN THE CHAMBER therefore, be it ators COLLINS, CANTWELL, LIEBERMAN, OF THE UNITED STATES SENATE Resolved, That the Senate welcomes Pope CLINTON, KERRY, BROWN, SNOWE, LEVIN, Mr. REID (for himself and Mr. BOXER, and FEINGOLD whose co-spon- Benedict XVI on the occasion of his first pas- MCCONNELL) submitted the following sorship I appreciate. toral visit to the United States and recog- resolution; which was considered and nizes the unique insights his moral and spir- I want to commend my constituent, itual reflections bring to the world stage. Mr. David Robinson, who first sug- agreed to: S. RES. 521 f gested the establishment of an Endan- gered Species Day. Mr. Robinson is an Resolved, That paragraph 1 of Rule IV of SENATE RESOLUTION 520—DESIG- example of people who really do make the Rules for the Regulation of the Senate NATING MAY 16, 2008, AS ‘‘EN- a difference. Wing of the United States Capitol (prohib- DANGERED SPECIES DAY’’ The designation of Endangered Spe- iting the taking of pictures in the Senate Mrs. FEINSTEIN (for herself, Ms. cies Day will provide many wonderful Chamber) be temporarily suspended for the sole and specific purpose of permitting the COLLINS, Ms. CANTWELL, Mr. opportunities for the public to famil- Senate Photographic Studio to photograph LIEBERMAN, Mrs. CLINTON, Mr. KERRY, iarize themselves with the status and the United States Senate in actual session Mr. BROWN, Ms. SNOWE, Mr. LEVIN, Mrs. recovery efforts of endangered species on Tuesday, June 3, 2008, at the hour of 2:15 BOXER, and Mr. FEINGOLD) submitted in our country and around the world. p.m. the following resolution; which was re- Last year, more than 50 events were SEC. 2. The Sergeant at Arms of the Senate ferred to the Committee on the Judici- held across the country to highlight is authorized and directed to make the nec- ary: endangered species success stories. The essary arrangements therefor, which ar- Governor of Maine, and the cities and rangements shall provide for a minimum of S. RES. 520 disruption to Senate proceedings. Whereas, in the United States and around counties of Santa Barbara, San Diego, f the world, more than 1,000 species are offi- and San Francisco also declared state cially designated as at risk of extinction and and local Endangered Species Days. SENATE RESOLUTION 522—RECOG- thousands more also face a heightened risk Zoos and aquariums across the coun- NIZING THE 60TH ANNIVERSARY of extinction; try, such as the Roger Williams Zoo OF THE FOUNDING OF THE MOD- Whereas the actual and potential benefits and the San Diego Wild Animal Park, ERN STATE OF ISRAEL AND RE- that may be derived from many species have also held educational events. AFFIRMING THE BONDS OF not yet been fully discovered and would be Based on the success of last year, I permanently lost if not for conservation ef- CLOSE FRIENDSHIP AND CO- am confident that the events of this OPERATION BETWEEN THE forts; year’s Endangered Species Day will Whereas recovery efforts for species such UNITED STATES AND ISRAEL as the whooping crane, Kirtland’s warbler, continue to foster increased commu- Mr. REID (for himself, Mr. MCCON- the peregrine falcon, the gray wolf, the gray nication and awareness about many of whale, the grizzly bear, and others have re- the most endangered species by encour- NELL, Mr. AKAKA, Mr. ALEXANDER, Mr. sulted in great improvements in the viabil- aging such activities as school field ALLARD, Mr. BARRASSO, Mr. BAUCUS, ity of such species; trips to the zoo or attending a lecture Mr. BAYH, Mr. BENNETT, Mr. BIDEN, Mr. Whereas saving a species requires a com- at the local library. In my city of San BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. bination of sound research, careful coordina- Francisco, the Golden Gate National BROWN, Mr. BROWNBACK, Mr. BUNNING, tion, and intensive management of conserva- Recreation Area and the Farralones Mr. BURR, Mr. BYRD, Ms. CANTWELL, tion efforts, along with increased public National Marine Sanctuary plan to Mr. CARDIN, Mr. CARPER, Mr. CASEY, awareness and education; hold special tours and viewings of en- Mr. CHAMBLISS, Mrs. CLINTON, Mr. Whereas 2⁄3 of endangered or threatened species reside on private lands; dangered species to commemorate this COBURN, Mr. COCHRAN, Mr. COLEMAN, Whereas voluntary cooperative conserva- special day. Ms. COLLINS, Mr. CONRAD, Mr. CORKER, tion programs have proven to be critical to Endangered Species recovery pro- Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, Mr. habitat restoration and species recovery; and grams in California are examples of the DEMINT, Mr. DODD, Mrs. DOLE, Mr.

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DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. including the 1994 Rwandan civil war, the ple of Israel proclaimed the establish- ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. 1998 bombing of the United States Embassy ment of the sovereign and independent FEINSTEIN, Mr. GRAHAM, Mr. GRASSLEY, in Kenya, the 1999 earthquakes in Turkey, state of Israel, the United States was the 2004 Indian Ocean tsunami, the 2005 hur- Mr. GREGG, Mr. HAGEL, Mr. HARKIN, ricanes along the southern coast of the right there to offer our unwavering Mr. HATCH, Mrs. HUTCHISON, Mr. United States, and the 2007 fires in Greece; support and establish full diplomatic INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. Whereas Israel has absorbed millions of ties with our new friend. Sixty years JOHNSON, Mr. KENNEDY, Mr. KERRY, Ms. Jews from countries throughout the world later, I want the new generations of KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. and fully integrated them into Israeli soci- Israelis and Jewish-Americans to know LANDRIEU, Mr. LAUTENBERG, Mr. ety; that America reaffirms its commit- LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mrs. Whereas Israel has bravely defended itself ment to the U.S.-Israel alliance and LINCOLN, Mr. LUGAR, Mr. MARTINEZ, from repeated terrorist and military attacks pledges to strengthen the bonds we Mr. MCCAIN, Mrs. MCCASKILL, Mr. since its independence; Whereas successive leaders of Israel have have forged throughout the decades. MENENDEZ, Ms. MIKULSKI, Ms. MUR- sought to achieve peace with Israel’s Arab Yom Ha’atzmaut, the Israeli Inde- KOWSKI, Mrs. MURRAY, Mr. NELSON of neighbors; pendence Day, falls on May 8th this Florida, Mr. NELSON of Nebraska, Mr. Whereas Israel has established peaceful bi- year, the same day the world tradition- OBAMA, Mr. PRYOR, Mr. REED, Mr. ROB- lateral relations with neighboring Egypt and ally celebrates the Allied victory over ERTS, Mr. ROCKEFELLER, Mr. SALAZAR, Jordan and has made its desire to establish Nazism. Because of America’s commit- Mr. SANDERS, Mr. SCHUMER, Mr. SES- peaceful relations with all Arab states abun- ment to defeating European fascism, SIONS, Mr. SHELBY, Mr. SMITH, Ms. dantly clear; the histories of the United States and SNOWE, Mr. SPECTER, Ms. STABENOW, Whereas for 6 decades, the United States Israel will be forever linked. For it was Mr. STEVENS, Mr. SUNUNU, Mr. TESTER, and Israel have maintained a special rela- from the ashes of World War II that our Mr. THUNE, Mr. VITTER, Mr. VOINOVICH, tionship based on mutually shared demo- cratic values, common strategic interests, great country rose to become a global Mr. WARNER, Mr. WEBB, Mr. and moral bonds of friendship and mutual re- superpower at the same time a beacon WHITEHOUSE, Mr. WICKER, and Mr. spect; WYDEN) submitted the following reso- of democracy and hope was established Whereas the American people feel a strong in the Holy Land. lution; which was referred to the Com- affinity for the Israeli people based on com- mittee on Foreign Relations: mon values and shared cultural heritage; and Today, we face a new set of chal- S. RES. 522 Whereas the United States continues to re- lenges to peace and freedom. As we Whereas on November 29, 1947, the United gard Israel as a strong and trusted ally and have so many times before, the United Nations General Assembly voted to partition an important strategic partner: Now, there- States and Israel will stand together to the British Mandate of Palestine and create fore, be it combat those who seek to undermine a Jewish state; Resolved, That the Senate— the right of a Jewish state to exist. Whereas on May 14, 1948, the people of (1) recognizes the historic significance of The Middle East remains an extremely Israel proclaimed the establishment of the the 60th anniversary of the reestablishment of the sovereign and independent State of volatile region with a series of ongoing sovereign and independent State of Israel, violent conflicts, so it is a great com- and the United States Government estab- Israel as a homeland for the Jewish people; lished full diplomatic relations with Israel; (2) reaffirms the bonds of friendship and co- fort to know that we have a strong Whereas the desire of the Jewish people to operation which have existed between the partner in such a strategically impor- establish an independent modern State of United States and Israel for the past 60 tant part of the globe. Israel is an outgrowth of the existence of the years, and commits to strengthening those In a region long dominated by auto- historic kingdom of Israel established in the bonds; (3) commends the people of Israel for their cratic and monarchic traditions, Israel Land of Israel 3,000 years ago, with the city has been a paragon of democratic plu- of Jerusalem as its capital; remarkable achievements in building a new Whereas for over 2,000 years, there has state and a pluralistic, democratic society in ralism. Over the course of its modern been continuous Jewish presence and resi- the face of terrorism, as well as hostility, os- existence, Israeli society has defended dence in the land comprising the modern tracism, and belligerence from many of their the principles we, as Americans, hold State of Israel; neighbors; in such high esteem: freedom of speech, Whereas the establishment of the modern (4) reaffirms its support for Israel’s right religion, and the press, an independent State of Israel as a homeland for the Jewish to defend itself against threats to its secu- judiciary, and free market capitalism. people followed the slaughter of more than rity and existence; (5) reaffirms its enduring support for Israel Israel’s strong democracy, despite 6,000,000 European Jews during the Holo- being constantly under siege from caust; as Israel pursues peace with its neighbors; Whereas since its establishment 60 years and neighboring states and terrorist enti- ago, the modern State of Israel has rebuilt a (6) extends the warmest congratulations ties, shows a remarkable commitment nation, forged a new and dynamic demo- and best wishes to the State of Israel and the to the ideals of freedom and democ- cratic society, and created a thriving eco- Israeli people for a peaceful, prosperous, and racy. nomic, political, cultural, and intellectual successful future. Millions of Americans will undoubt- life despite the heavy costs of war, ter- Mr. REID. Mr. President, I come to edly commemorate this momentous rorism, and unjustified diplomatic and eco- the floor today with the distinct honor anniversary, including thousands in nomic boycotts against the people of Israel; of introducing a resolution with my Whereas the people of Israel have estab- my home State of Nevada. I am very friend Senator MCCONNELL commemo- fortunate to hail from a part ofthe lished a vibrant, pluralistic, democratic po- rating the 60th anniversary of the litical system, including freedom of speech, country with such a dynamic Jewish association, and religion; a vigorously free founding of the modern State of Israel. community; one that is committed to On this historic occasion, Jews and press; free, fair and open elections; the rule promoting the interests of our great non-Jews from around the world will of law; a fully independent judiciary; and State in any way they can. I would like come together to celebrate 60 years of other democratic principles and practices; to offer special congratulations to all Israeli independence. Out of the dark Whereas Israel has developed some of the those folks in Nevada who have worked leading universities in the world, and 8 shadows of the Holocaust, which Israeli citizens have been awarded the Nobel claimed the lives of over 6 million so hard to put on events to honor the Prize; Jews, and many others, the state of 60th anniversary of Israeli independ- Whereas Israel has developed an advanced, Israel was reborn on the very same ence. entrepreneurial economy, is among the lands where the Jewish people had In the spirit of continuing the tradi- world’s leaders in the high-tech industry, maintained a continuous presence for tion of strong U.S.-Israel relations, I and is at the forefront of research and devel- more than 2 millennia. urge this entire chamber to wish all opment in the field of renewable energy those who choose to celebrate this oc- sources; As an American, I am so proud that Whereas Israel regularly sends humani- the United States has stood by Israel, casion another 60 years of happiness tarian aid, search-and-rescue teams, mobile our closest of allies, from the very be- and prosperity. My best wishes for a hospitals, and other emergency supplies, to ginning of its modern existence. On safe and peaceful anniversary celebra- help victims of disasters around the world, May 14, 1948, the date on which the peo- tion.

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.002 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 6379 AMENDMENTS SUBMITTED AND LIEBERMAN, Mr. GRAHAM, Mr. WICKER, and (3) in item number 1483 by striking the PROPOSED Mr. CHAMBLISS) submitted an amendment in- project description and inserting ‘‘Lapalco tended to be proposed by him to the bill H.R. Boulevard Improvements in Jefferson Par- SA 4542. Mr. LAUTENBERG submitted an 1195, supra; which was ordered to lie on the ish’’; and amendment intended to be proposed to table. (4) in item number 614 by inserting ‘‘and amendment SA 4146 proposed by Mrs. BOXER for to the bill H.R. 1195, to amend the Safe, Ac- f countable, Flexible, Efficient Transportation TEXT OF AMENDMENTS SA 4546. Mr. SPECTER (for himself Equity Act: A Legacy for Users to make and Mr. CASEY) submitted an amend- technical corrections, and for other pur- SA 4542. Mr. LAUTENBERG sub- poses; which was ordered to lie on the table. mitted an amendment intended to be ment intended to be proposed to SA 4543. Mr. LAUTENBERG submitted an proposed to amendment SA 4146 pro- amendment SA 4146 proposed by Mrs. amendment intended to be proposed by him BOXER to the bill H.R. 1195, to amend posed by Mrs. BOXER to the bill H.R. to the bill H.R. 1195, supra; which was or- the Safe, Accountable, Flexible, Effi- dered to lie on the table. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Eq- cient Transportation Equity Act: A SA 4544. Ms. LANDRIEU (for herself and Legacy for Users to make technical Mr. VITTER) submitted an amendment in- uity Act: A Legacy for Users to make tended to be proposed by her to the bill H.R. technical corrections, and for other corrections, and for other purposes; 1195, supra; which was ordered to lie on the purposes; which was ordered to lie on which was ordered to lie on the table; table. the table; as follows: as follows: SA 4545. Ms. LANDRIEU submitted an On page 8, between lines 17 and 18, insert On page 124, between lines 7 and 8, insert amendment intended to be proposed to the following: the following: amendment SA 4146 proposed by Mrs. BOXER (l) USE OF TOLL CREDITS.—Section 120(j)(1) (s) DEFINITION.—Section 14504a(a)(5) of title to the bill H.R. 1195, supra; which was or- of title 23, United States Code, is amended— 49, United States Code, is amended by strik- dered to lie on the table. (1) in subparagraph (A), by striking ‘‘A ing ‘‘title.’’ and inserting ‘‘title, except car- SA 4546. Mr. SPECTER (for himself and State’’ and inserting ‘‘Subject to subpara- riers that the unified carrier registration Mr. CASEY) submitted an amendment in- graph (D), a State’’; and plan board of directors deems appropriate.’’. tended to be proposed to amendment SA 4146 (2) by adding at the end the following: proposed by Mrs. BOXER to the bill H.R. 1195, ‘‘(D) EXCEPTION.—Subparagraph (A) shall supra; which was ordered to lie on the table. SA 4543. Mr. LAUTENBERG sub- not apply to the use of Appalachian develop- SA 4547. Mr. STEVENS (for himself and mitted an amendment intended to be ment highway system funds for any highway Ms. MURKOWSKI) submitted an amendment proposed by him to the bill H.R. 1195, project relating to United States Route 219 intended to be proposed by him to the bill to amend the Safe, Accountable, Flexi- (Corridor N) in Somerset County, Pennsyl- H.R. 1195, supra; which was ordered to lie on ble, Efficient Transportation Equity vania.’’. the table. Act: A Legacy for Users to make tech- SA 4548. Mr. SPECTER (for himself and SA 4547. Mr. STEVENS (for himself Mr. CASEY) submitted an amendment in- nical corrections, and for other pur- tended to be proposed by him to the bill H.R. poses; which was ordered to lie on the and Ms. MURKOWSKI) submitted an 1195, supra; which was ordered to lie on the table; as follows: amendment intended to be proposed to table. On page 92, strike lines 15 and 16 and insert the bill H.R. 1195, to amend the Safe, SA 4549. Ms. MURKOWSKI submitted an the following: Accountable, Flexible, Efficient Trans- amendment intended to be proposed to paving’’; portation Equity Act: A Legacy for amendment SA 4146 proposed by Mrs. BOXER (3) in item number 1663 by inserting ‘‘and Users to make technical corrections, to the bill H.R. 1195, supra; which was or- construct intermodal facilities and fixed and for other purposes; which was or- dered to lie on the table. guideways in Jersey City’’ after ‘‘right-of- SA 4550. Mr. GRAHAM submitted an dered to lie on the table; as follows: way’’; and amendment intended to be proposed by him On page 119, after line 2, insert the fol- (4) in item number 614 by inserting ‘‘and to the bill H.R. 1195, supra; which was or- lowing: for dered to lie on the table. (s) PROJECT MODIFICATION.—The descrip- SA 4551. Mr. SMITH submitted an amend- tion for item 422 in section 3044(a) of the ment intended to be proposed to amendment SA 4544. Ms. LANDRIEU (for herself Safe, Accountable, Flexible, Efficient Trans- SA 4146 proposed by Mrs. BOXER to the bill and Mr. VITTER) submitted an amend- portation Equity Act: A Legacy for Users H.R. 1195, supra; which was ordered to lie on ment intended to be proposed by her to (Public Law 109–59) in amended to read as the table. the bill H.R. 1195, to amend the Safe, follows: ‘‘People Mover Public Transpor- SA 4552. Mr. DODD (for himself, Mr. SHEL- Accountable, Flexible, Efficient Trans- tation System buses and bus facilities, An- BY, and Mr. SCHUMER) submitted an amend- portation Equity Act: A Legacy for chorage, Alaska’’. ment intended to be proposed by him to the Users to make technical corrections, bill H.R. 1195, supra; which was ordered to lie . Mr. SPECTER (for himself and for other purposes; which was or- SA 4548 on the table. and Mr. CASEY) submitted an amend- dered to lie on the table; as follows: SA 4553. Mrs. HUTCHISON (for herself, Mr. ment intended to be proposed by him CORNYN, Ms. LANDRIEU, Mr. STEVENS, Mrs. On page 110, after line 20, insert the fol- to the bill H.R. 1195, to amend the Safe, LINCOLN, Ms. MURKOWSKI, Mr. MARTINEZ, and lowing: Accountable, Flexible, Efficient Trans- Mr. COLEMAN) submitted an amendment in- (e) PROJECT MODIFICATION.—The descrip- tended to be proposed to amendment SA 4146 tion for item 67 in section 3044(a) of the Safe, portation Equity Act: A Legacy for proposed by Mrs. BOXER to the bill H.R. 1195, Accountable, Flexible, Efficient Transpor- Users to make technical corrections, supra; which was ordered to lie on the table. tation Equity Act: A Legacy for Users (Pub- and for other purposes; which was or- SA 4554. Mr. CARDIN (for himself, Mr. lic Law 109–59) is amended to read as follows: dered to lie on the table; as follows: WARNER, Ms. MIKULSKI, and Mr. WEBB) sub- ‘‘Union Passenger Terminal Planning and At the appropriate place, insert the fol- mitted an amendment intended to be pro- Master Plan and Infrastructure Improve- lowing: posed by him to the bill H.R. 1195, supra; ments in Orleans Parish, Louisiana’’. which was ordered to lie on the table. SEC. ll. APPALACHIAN DEVELOPMENT HIGH- SA 4555. Mr. KENNEDY submitted an WAY SYSTEM. SA 4545. Ms. LANDRIEU submitted (a) MILEAGE EXTENSION.—Section 14501(a) amendment intended to be proposed to an amendment intended to be proposed amendment SA 4146 proposed by Mrs. BOXER of title 40, United States Code is amended by to the bill H.R. 1195, supra; which was or- to amendment SA 4146 proposed by striking ‘‘three thousand and ninety miles’’ dered to lie on the table. Mrs. BOXER to the bill H.R. 1195, to and inserting ‘‘3,142 miles’’. SA 4556. Mr. BAUCUS submitted an amend- amend the Safe, Accountable, Flexible, (b) DEVELOPMENT OF MULTI-LANE HIGH- ment intended to be proposed by him to the Efficient Transportation Equity Act: A WAY.— bill H.R. 1195, supra; which was ordered to lie Legacy for Users to make technical (1) AUTHORIZATION.—A multi-lane highway, on the table. corrections, and for other purposes; to be designated as Corridor P–1, shall be de- veloped in Pennsylvania along the route de- SA 4557. Mr. BAUCUS submitted an amend- which was ordered to lie on the table; ment intended to be proposed by him to the scribed in paragraph (2) as an extension of bill H.R. 1195, supra; which was ordered to lie as follows: the Appalachian development highway sys- on the table. On page 92, strike lines 15 and 16 and insert tem, with intersections and interchanges at SA 4558. Mr. KYL (for himself, Mr. MCCAIN, the following: appropriate crossroad locations. Mr. WARNER, Mr. BURR, Mr. MARTINEZ, Mr. paving’’; (2) DESCRIPTION.—Corridor P–1 shall—

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.002 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6380 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 (A) extend approximately 52 miles along tion of access road including sidewalks, bike existing Highway 226, including a bypass of the alignment of United States Route 15 lanes, and railroad crossing from Highway Cash and a new connection to Highway 49’’; from its intersection with United States 99W to Cascade View Industrial Properties (388) in item number 2406 by striking ‘‘in Routes 22 and 322 near Duncannon, Pennsyl- and/or construction of transportation im- Fort Worth’’ and inserting ‘‘, or Construct vania; provements for the Airport Industrial Park, SH 199 (Henderson St.) through the Trinity (B) extend northward, crossing the Susque- Corvallis.’ ’’ Uptown Project between the West Fork and hanna River north of Shamokin Dam, Penn- Clear Fork of the Trinity River, in Fort sylvania; SA 4552. Mr. DODD (for himself, Mr. Worth’’; and (C) merge onto Pennsylvania Route 147; SHELBY, and Mr. SCHUMER) submitted (389) in item number 370 by striking the and an amendment intended to be proposed On page 107, line 4, strike ‘‘and’’ and all (D) proceed northward to the connection by him to the bill H.R. 1195, to amend that follows through line 5, and insert the with Interstates 80 and 180 north of Milton, the Safe, Accountable, Flexible, Effi- following: Pennsylvania. (B) by striking paragraph (10); and (3) EFFECT ON APPORTIONMENTS.—The mile- cient Transportation Equity Act: A (C) in paragraph (15), by striking ‘‘South age and the estimate of the costs to com- Legacy for Users to make technical Carolina Department of Transportation plete Corridor P–1 shall not affect apportion- corrections, and for other purposes; Light Rail study’’ and inserting ‘‘South ments made to Pennsylvania to complete the which was ordered to lie on the table; Carolina Department of Transportation Cor- Appalachian development highway system. as follows: ridor Study’’. (4) FEDERAL SHARE.—Federal assistance au- On page 117, after line 12, insert the fol- On page 114, line 21, strike ‘‘; and’’ and in- thorized under section 14501 of title 40, lowing: sert a semicolon. On page 114, strike line 22 and insert the United States Code, shall not be more than (8) MODIFICATION OF TERMS OF SECTION following: 80 percent of the cost of developing a 13-mile 5338(B)(2)(E) OF TITLE 49, UNITED STATES CODE.— segment of Corridor P–1 designated by the Of the funds authorized for fiscal year 2007 in (xxvi) in item number 422 by striking the Secretary of Transportation. section 5338(b)(2)(E) of title 49, United States project description and inserting ‘‘People Mover Public Transportation System buses . Ms. MURKOWSKI submitted Code, $213,600,000 that is not otherwise des- SA 4549 ignated for specific projects under section and bus facilities, Anchorage, Alaska’’; an amendment intended to be proposed 3044(a) of the Safe, Accountable, Flexible, Ef- (xxvii) in project number 67 by striking the to amendment SA 4146 proposed by ficient Transportation Equity Act: a Legacy project description and inserting ‘‘Union Mrs. BOXER to the bill H.R. 1195, to for Users (Public Law 109-59) shall be allo- Passenger Terminal Planning and Master amend the Safe, Accountable, Flexible, cated by the Federal Transit Administration Plan and Infrastructure Improvements in Or- Efficient Transportation Equity Act: A in accordance with the ‘‘Bus and Bus Facili- leans Parish, Louisiana’’; and (xxviii) by adding at the end— Legacy for Users to make technical ties Discretionary Program Grants Notice of Availability and Solicitation of Grant Appli- corrections, and for other purposes; SA 4554. Mr. CARDIN (for himself, which was ordered to lie on the table; cations’’ published in the Federal Register on March 23, 2007 (FR 13968-13971). Such allo- Mr. WARNER, Ms. MIKULSKI, and Mr. as follows: cation shall be made within 90 days of enact- WEBB) submitted an amendment in- On page 20, strike lines 13 and 14 and insert ment of this Act, and the Federal Transit tended to be proposed by him to the the following: Administration shall notify the appropriate bill H.R. 1195, to amend the Safe, Ac- (19) in item number 777 by striking the Congressional committees of such allocation countable, Flexible, Efficient Trans- project description and amount and inserting 3 days before publication of the Federal Reg- ‘‘Akutan Airport access’’ and $3,500,000’’, re- portation Equity Act: A Legacy for ister notice. Allocations of funds pursuant to Users to make technical corrections, spectively; this paragraph shall be published in the Fed- On page 31, strike lines 20 through 23 and eral Register not later than 90 days after en- and for other purposes; which was or- insert the following: actment of this Act. dered to lie on the table; as follows: (98) in item number 161 by striking the At the end of the amendment, insert the project description and amount and inserting SA 4553. Mrs. HUTCHISON (for her- following: ‘‘Construct False Pass causeway and road to self, Mr. CORNYN, Ms. LANDRIEU, Mr. the terminus of the south arm breakwater SEC. ll. NATIONAL CAPITAL TRANSPORTATION AMENDMENTS ACT OF 2008. project’’ and ‘‘$1,000,000’’, respectively; STEVENS, Mrs. LINCOLN, Ms. MUR- KOWSKI, Mr. MARTINEZ, and Mr. COLE- (a) SHORT TITLE; FINDINGS.— SA 4550. Mr. GRAHAM submitted an MAN) submitted an amendment in- (1) SHORT TITLE.—This section may be amendment intended to be proposed by tended to be proposed to amendment cited as the ‘‘National Capital Transpor- tation Amendments Act of 2008’’. him to the bill H.R. 1195, to amend the SA 4146 proposed by Mrs. BOXER to the (2) FINDINGS.—Congress finds as follows: Safe, Accountable, Flexible, Efficient bill H.R. 1195, to amend the Safe, Ac- (A) Metro, the public transit system of the Transportation Equity Act: A Legacy countable, Flexible, Efficient Trans- Washington metropolitan area, is essential for Users to make technical correc- portation Equity Act: A Legacy for for the continued and effective performance tions, and for other purposes; which Users to make technical corrections, of the functions of the Federal Government, was ordered to lie on the table; as fol- and for other purposes; which was or- and for the orderly movement of people dur- lows: dered to lie on the table; as follows: ing major events and times of regional or na- tional emergency. On page 107, line 4, strike ‘‘and’’ and all On page 39, lines 24 and 25, strike ‘‘in Clif- (B) On 3 occasions, Congress has authorized that follows through line 5, and insert the ton’’. appropriations for the construction and cap- following: On page 49, line 18, strike ‘‘160’’ and insert ital improvement needs of the Metrorail sys- (B) by striking paragraph (10); and ‘‘169’’. tem. (C) in paragraph (15), by striking ‘‘South On page 57, strike lines 8 through 11 and in- (C) Additional funding is required to pro- Carolina Department of Transportation sert the following: tect these previous Federal investments and Light Rail study’’ and inserting ‘‘South (250) in item number 3909 by striking the ensure the continued functionality and via- Carolina Department of Transportation Cor- project description and inserting ‘‘S.R. 281, bility of the original 103-mile Metrorail sys- ridor Study’’. the Avalon Boulevard Expansion Project tem. from Interstate 10 to U.S. Highway 90’’; (b) FEDERAL CONTRIBUTION FOR CAPITAL SA 4551. Mr. SMITH submitted an On page 78, strike lines 3 and 4 and insert PROJECTS FOR WASHINGTON METROPOLITAN amendment intended to be proposed to the following: AREA TRANSIT SYSTEM.—The National Cap- (386) in item number 273, by striking the amendment SA 4146 proposed by Mrs. ital Transportation Act of 1969 (sec. 9–1111.01 project description and inserting ‘‘Improve- BOXER to the bill H.R. 1195, to amend et seq., D.C. Official Code) is amended by ments to on/off ramp system from I–10 to the Safe, Accountable, Flexible, Effi- adding at the end the following: cient Transportation Equity Act: A Ryan Street (LA 385), including installation of an exit ramp for eastbound traffic on I–10, ‘‘AUTHORIZATION OF ADDITIONAL FEDERAL CON- Legacy for Users to make technical incorporating, as necessary, portions of TRIBUTION FOR CAPITAL AND PREVENTIVE corrections, and for other purposes; Front Street and Ann Street, and including MAINTENANCE PROJECTS which was ordered to lie on the table; repair and realignment of Lakeshore Drive, ‘‘SEC. 18. (a) AUTHORIZATION.—Subject to as follows: and to include the expansion of Contraband the succeeding provisions of this section, the At the appropriate place in the bill, insert: Bayou Bridge’’; Secretary of Transportation is authorized to ‘‘In item number 3544, by striking the (387) in item number 3735 by striking the make grants to the Transit Authority, in ad- project description and inserting ‘Construc- project description and inserting ‘‘Widening dition to the contributions authorized under

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sections 3, 14, and 17, for the purpose of fi- ‘‘(f) AVAILABILITY.—Amounts appropriated under Article III of the Washington Metro- nancing in part the capital and preventive pursuant to the authorization under this sec- politan Area Transit Authority Compact maintenance projects included in the Capital tion— (Public Law 89–774). Improvement Program approved by the ‘‘(1) shall remain available until expended; (2) INSPECTOR GENERAL.— Board of Directors of the Transit Authority. and (A) APPOINTMENT.—The Inspector General ‘‘(b) USE OF FUNDS.—The Federal grants ‘‘(2) shall be in addition to, and not in lieu shall be appointed by the vote of a majority made pursuant to the authorization under of, amounts available to the Transit Author- of the Board of Directors of the Transit Au- this section shall be subject to the following ity under chapter 53 of title 49, United States thority, and shall be appointed without re- limitations and conditions: Code, or any other provision of law. gard to political affiliation and solely on the ‘‘(1) The work for which such Federal ‘‘(g) ACCESS TO WIRELESS SERVICES IN MET- basis of integrity and demonstrated ability grants are authorized shall be subject to the RORAIL SYSTEM.— in accounting, auditing, financial analysis, provisions of the Compact (consistent with ‘‘(1) REQUIRING TRANSIT AUTHORITY TO PRO- law, management analysis, public adminis- the amendments to the Compact described in VIDE ACCESS TO SERVICE.—No amounts may tration, or investigations, as well as famili- subsection (d)). be provided to the Transit Authority pursu- arity or experience with the operation of ‘‘(2) Each such Federal grant shall be for 50 ant to the authorization under this section transit systems. percent of the net project cost of the project unless the Transit Authority ensures that (B) TERM OF SERVICE.—The Inspector Gen- involved, and shall be provided in cash from customers of the rail service of the Transit eral shall serve for a term of 5 years, and an sources other than Federal funds or revenues Authority have access within the rail system individual serving as Inspector General may from the operation of public mass transpor- to services provided by any licensed wireless be reappointed for not more than 2 addi- tation systems. Consistent with the terms of provider that notifies the Transit Authority tional terms. the amendment to the Compact described in (in accordance with such procedures as the (C) REMOVAL.—The Inspector General may subsection (d)(1), any funds so provided shall Transit Authority may adopt) of its intent be removed from office prior to the expira- be solely from undistributed cash surpluses, to offer service to the public, in accordance tion of his term only by the unanimous vote replacement or depreciation funds or re- with the following timetable: of all of the members of the Board of Direc- serves available in cash, or new capital. ‘‘(A) Not later than 1 year after the date of tors of the Transit Authority, and the Board ‘‘(c) APPLICABILITY OF REQUIREMENTS FOR the enactment of the National Capital shall communicate the reasons for any such MASS TRANSPORTATION CAPITAL PROJECTS Transportation Amendments Act of 2008, in removal to the Governor of Maryland, the RECEIVING FUNDS UNDER FEDERAL TRANSPOR- the 20 underground rail station platforms Governor of Virginia, the Mayor of the Dis- TATION LAW.—Except as specifically provided with the highest volume of passenger traffic. trict of Columbia, the chair of the Com- in this section, the use of any amounts ap- ‘‘(B) Not later than 4 years after such date, mittee on Government Reform of the House propriated pursuant to the authorization throughout the rail system. of Representatives, and the chair of the Com- under this section shall be subject to the re- ‘‘(2) ACCESS OF WIRELESS PROVIDERS TO SYS- mittee on Homeland Security and Govern- quirements applicable to capital projects for TEM FOR UPGRADES AND MAINTENANCE.—No mental Affairs of the Senate. which funds are provided under chapter 53 of amounts may be provided to the Transit Au- (3) DUTIES.— title 49, United States Code, except to the ex- thority pursuant to the authorization under (A) APPLICABILITY OF DUTIES OF INSPECTOR tent that the Secretary of Transportation this section unless the Transit Authority en- GENERAL OF EXECUTIVE BRANCH ESTABLISH- determines that the requirements are incon- sures that each licensed wireless provider MENT.—The Inspector General shall carry sistent with the purposes of this section. who provides service to the public within the out the same duties and responsibilities with ‘‘(d) AMENDMENTS TO COMPACT.—No rail system pursuant to paragraph (1) has ac- respect to the Transit Authority as an In- amounts may be provided to the Transit Au- cess to the system on an ongoing basis (sub- spector General of an establishment carries thority pursuant to the authorization under ject to such restrictions as the Transit Au- out with respect to an establishment under this section until the Transit Authority no- thority may impose to ensure that such ac- section 4 of the Inspector General Act of 1978 tifies the Secretary of Transportation that cess will not unduly impact rail operations (5 U.S.C. App. 4), under the same terms and each of the following amendments to the or threaten the safety of customers or em- conditions which apply under such section. Compact (and any further amendments ployees of the rail system) to carry out (B) CONDUCTING ANNUAL AUDIT OF FINANCIAL which may be required to implement such emergency repairs, routine maintenance, and STATEMENTS.—The Inspector General shall be amendments) have taken effect: upgrades to the service. responsible for conducting the annual audit ‘‘(1)(A) An amendment requiring that all ‘‘(3) PERMITTING REASONABLE AND CUS- of the financial accounts of the Transit Au- payments by the local signatory govern- TOMARY CHARGES.—Nothing in this sub- thority, either directly or by contract with ments for the Transit Authority for the pur- section may be construed to prohibit the an independent external auditor selected by pose of matching any Federal funds appro- Transit Authority from requiring a licensed the Inspector General. priated in any given year authorized under wireless provider to pay reasonable and cus- (C) REPORTS.— subsection (a) for the cost of operating and tomary charges for access granted under this (i) SEMIANNUAL REPORTS TO TRANSIT AU- maintaining the adopted regional system are subsection. THORITY.—The Inspector General shall pre- made from amounts derived from dedicated ‘‘(4) REPORTS.—Not later than 1 year after pare and submit semiannual reports summa- funding sources. the date of the enactment of the National rizing the activities of the Office in the same ‘‘(B) For purposes of this paragraph, the Capital Transportation Amendments Act of manner, and in accordance with the same term ‘dedicated funding source’ means any 2008, and each of the 3 years thereafter, the deadlines, terms, and conditions, as an In- source of funding which is earmarked or re- Transit Authority shall submit to the Com- spector General of an establishment under quired under State or local law to be used to mittee on Homeland Security and Govern- section 5 of the Inspector General Act of 1978 match Federal appropriations authorized mental Affairs of the Senate and the Com- (5 U.S.C. App. 5). For purposes of applying under this Act for payments to the Transit mittee on Oversight and Government Reform section 5 of such Act to the Inspector Gen- Authority. of the House of Representatives a report on eral, the Board of Directors of the Transit ‘‘(2) An amendment establishing the Office the implementation of this subsection. Authority shall be considered the head of the of the Inspector General of the Transit Au- ‘‘(5) DEFINITION.—In this subsection, the establishment, except that the Inspector thority in accordance with section 3 of the term ‘licensed wireless provider’ means any General shall transmit to the General Man- National Capital Transportation Amend- provider of wireless services who is operating ager of the Transit Authority a copy of any ments Act of 2008. pursuant to a Federal license to offer such report submitted to the Board pursuant to ‘‘(3) An amendment expanding the Board of services to the public for profit.’’. this paragraph. Directors of the Transit Authority to include (c) WASHINGTON METROPOLITAN AREA TRAN- (ii) ANNUAL REPORTS TO LOCAL SIGNATORY 4 additional Directors appointed by the Ad- SIT AUTHORITY INSPECTOR GENERAL.— GOVERNMENTS AND CONGRESS.—Not later than ministrator of General Services, of whom 2 (1) ESTABLISHMENT OF OFFICE.— January 15 of each year, the Inspector Gen- shall be nonvoting and 2 shall be voting, and (A) IN GENERAL.—The Washington Metro- eral shall prepare and submit a report sum- requiring one of the voting members so ap- politan Area Transit Authority (referred to marizing the activities of the Office during pointed to be a regular passenger and cus- in this subsection as the ‘‘Transit Author- the previous year, and shall submit such re- tomer of the bus or rail service of the Tran- ity’’) shall establish in the Transit Author- ports to the Governor of Maryland, the Gov- sit Authority. ity the Office of the Inspector General (re- ernor of Virginia, the Mayor of the District ‘‘(e) AMOUNT.—There are authorized to be ferred to in this subsection as the ‘‘Office’’), of Columbia, the chair of the Committee on appropriated to the Secretary of Transpor- headed by the Inspector General of the Tran- Government Reform of the House of Rep- tation for grants under this section an aggre- sit Authority (referred to in this subsection resentatives, and the chair of the Committee gate amount not to exceed $1,500,000,000 to be as the ‘‘Inspector General’’). on Homeland Security and Governmental Af- available in increments over 10 fiscal years (B) DEFINITION.—In subparagraph (A), the fairs of the Senate. beginning in fiscal year 2009, or until ex- ‘‘Washington Metropolitan Area Transit Au- (D) INVESTIGATIONS OF COMPLAINTS OF EM- pended. thority’’ means the Authority established PLOYEES AND MEMBERS.—

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(i) AUTHORITY.—The Inspector General may vide the Office with appropriate and ade- States Code, as amended by section 305 of receive and investigate complaints or infor- quate office space, together with such equip- this Act); mation from an employee or member of the ment, supplies, and communications facili- (2) whose work, in whole or in part, is de- Transit Authority concerning the possible ties and services as may be necessary for the fined— existence of an activity constituting a viola- operation of the Office, and shall provide (A) as that of a driver, driver’s helper, tion of law, rules, or regulations, or mis- necessary maintenance services for such of- loader, or mechanic; and management, gross waste of funds, abuse of fice space and the equipment and facilities (B) as affecting the safety of operation of authority, or a substantial and specific dan- located therein. motor vehicles weighing 10,000 pounds or less ger to the public health and safety. (5) TRANSFER OF FUNCTIONS.—To the extent in transportation on public highways in (ii) NONDISCLOSURE.—The Inspector Gen- that any office or entity in the Transit Au- interstate or foreign commerce, except vehi- eral shall not, after receipt of a complaint or thority prior to the appointment of the first cles— information from an employee or member, Inspector General under this subsection car- (i) designed or used to transport more than disclose the identity of the employee or ried out any of the duties and responsibil- 8 passengers (including the driver) for com- member without the consent of the employee ities assigned to the Inspector General under pensation; or member, unless the Inspector General de- this subsection, the functions of such office (ii) designed or used to transport more termines such disclosure is unavoidable dur- or entity shall be transferred to the Office than 15 passengers (including the driver) and ing the course of the investigation. upon the appointment of the first Inspector not used to transport passengers for com- (iii) PROHIBITING RETALIATION.—An em- General under this subsection. pensation; or ployee or member of the Transit Authority (d) STUDY AND REPORT BY COMPTROLLER (iii) used in transporting material found by who has authority to take, direct others to GENERAL.— the Secretary of Transportation to be haz- take, recommend, or approve any personnel (1) STUDY.—The Comptroller General shall ardous under section 5103 of title 49, United action, shall not, with respect to such au- conduct a study on the use of the funds pro- States Code, and transported in a quantity thority, take or threaten to take any action vided under section 18 of the National Cap- requiring placarding under regulations pre- against any employee or member as a re- ital Transportation Act of 1969 (as added by scribed by the Secretary under section 5103 prisal for making a complaint or disclosing this section). of title 49, United States Code; and information to the Inspector General, unless (2) REPORT.—Not later than 3 years after (3) who performs duties on motor vehicles the complaint was made or the information the date of the enactment of this Act, the weighing 10,000 pounds or less. disclosed with the knowledge that it was Comptroller General shall submit a report to false or with willful disregard for its truth or the Committee on Government Reform of SA 4556. Mr. BAUCUS submitted an falsity. the House of Representatives and the Com- amendment intended to be proposed by (E) INDEPENDENCE IN CARRYING OUT DU- mittee on Homeland Security and Govern- him to the bill H.R. 1195, to amend the TIES.—Neither the Board of Directors of the mental Affairs of the Senate on the study Safe, Accountable, Flexible, Efficient Transit Authority, the General Manager of conducted under paragraph (1). Transportation Equity Act: A Legacy the Transit Authority, nor any other mem- ber or employee of the Transit Authority SA 4555. Mr. KENNEDY submitted an for Users to make technical correc- may prevent or prohibit the Inspector Gen- amendment intended to be proposed to tions, and for other purposes; which eral from carrying out any of the duties or amendment SA 4146 proposed by Mrs. was ordered to lie on the table; as fol- responsibilities assigned to the Inspector BOXER to the bill H.R. 1195, to amend lows: General under this subsection. the Safe, Accountable, Flexible, Effi- On page 85, line 18, insert ‘‘sediment con- (4) POWERS.— cient Transportation Equity Act: A trol and’’ after ‘‘Boulder Creek’’. (A) IN GENERAL.—The Inspector General Legacy for Users to make technical may exercise the same authorities with re- SA 4557. Mr. BAUCUS submitted an corrections, and for other purposes; spect to the Transit Authority as an Inspec- amendment intended to be proposed by which was ordered to lie on the table; tor General of an establishment may exer- him to the bill H.R. 1195, to amend the as follows: cise with respect to an establishment under Safe, Accountable, Flexible, Efficient section 6(a) of the Inspector General Act of On page 131, beginning with line 13, strike Transportation Equity Act: A Legacy 1978 (5 U.S.C. App. 6(a)), other than para- through line 17 on page 13, and insert the fol- graphs (7), (8), and (9) of such section. lowing: for Users to make technical correc- (B) STAFF.— (1) LIMITATION ON LIABILITY.—An employer tions, and for other purposes; which (i) ASSISTANT INSPECTOR GENERALS AND shall not be liable for a violation of section was ordered to lie on the table; as fol- OTHER STAFF.—The Inspector General shall 7 of the Fair Labor Standards Act of 1938 (29 lows: appoint and fix the pay of— U.S.C. 207) with respect to a covered em- On page 86, line 14, strike the period at the (I) an Assistant Inspector General for Au- ployee if the employer proves that— end, insert a semicolon, and insert the fol- dits, who shall be responsible for coordi- (A) the violation occurred in the one-year lowing: nating the activities of the Inspector Gen- period beginning on August 10, 2005; (26) by striking item number 234; and eral relating to audits; (B) as of the date of the violation, the em- (27) in item number 236, by striking (II) an Assistant Inspector General for In- ployer did not have actual knowledge that ‘‘$10,000,000’’ and inserting ‘‘$17,000,000’’. vestigations, who shall be responsible for co- section 4142 of Public Law 109–59 changed the ordinating the activities of the Inspector applicability of section 13(b)(1) of the Fair SA 4558. Mr. KYL (for himself, Mr. General relating to investigations; and Labor Standards Act of 1938 (29 U.S.C. MCCAIN, Mr. WARNER, Mr. BURR, Mr. (III) such other personnel as the Inspector 213(b)(1)); and MARTINEZ, Mr. LIEBERMAN, Mr. General considers appropriate. (C) the employer’s primary reliance on sec- RAHAM ICKER (ii) INDEPENDENCE IN APPOINTING STAFF.— tion 13(b)(1) of the Fair Labor Standards Act G , Mr. W , and Mr. No individual may carry out any of the du- of 1938 (29 U.S.C. 213(b)(1)) led to the viola- CHAMBLISS) submitted an amendment ties or responsibilities of the Office unless tion. intended to be proposed by him to the the individual is appointed by the Inspector (2) ACTIONS TO RECOVER AMOUNTS PRE- bill H.R. 1195, to amend the Safe, Ac- General, or provides services procured by the VIOUSLY PAID.—Nothing in paragraph (1) countable, Flexible, Efficient Trans- Inspector General, pursuant to this subpara- shall be construed to establish a cause of ac- portation Equity Act: A Legacy for graph. Nothing in this clause may be con- tion for an employer to recover amounts Users to make technical corrections, strued to prohibit the Inspector General paid, or agreed to be paid, before the date of and for other purposes; which was or- from entering into a contract or other ar- enactment of this Act in settlement of, in rangement for the provision of services compromise of, or pursuant to a judgment dered to lie on the table; as follows: under this subsection. rendered regarding a claim or potential Strike all after the first word and insert (iii) APPLICABILITY OF TRANSIT SYSTEM PER- claim based on an alleged or proven viola- the following: SONNEL RULES.—None of the regulations gov- tion of section 7 of the Fair Labor Standards lll. HIGHWAY FUEL TAX HOLIDAY. erning the appointment and pay of employ- Act of 1938 (29 U.S.C. 207) occurring in the (a) TEMPORARY SUSPENSION OF HIGHWAY ees of the Transit System shall apply with one-year period referred to in paragraph FUEL TAXES ON GASOLINE AND DIESEL FUEL.— respect to the appointment and compensa- (1)(A) with respect to a covered employee. (1) IN GENERAL.—Section 4081 of the Inter- tion of the personnel of the Office, except to (c) COVERED EMPLOYEE DEFINED.—In this nal Revenue Code of 1986 (relating to imposi- the extent agreed to by the Inspector Gen- section, the term ‘‘covered employee’’ means tion of tax on gasoline, diesel fuel, and ker- eral. Nothing in the previous sentence may an individual— osene) is amended by adding at the end the be construed to affect clauses (i) and (ii). (1) who is employed by a motor carrier or following new subsection: (C) EQUIPMENT AND SUPPLIES.—The General motor private carrier (as such terms are de- ‘‘(f) TEMPORARY SUSPENSION OF TAXES ON Manager of the Transit Authority shall pro- fined by section 13102 of title 49, United GASOLINE AND DIESEL FUEL.—

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‘‘(1) IN GENERAL.—During the applicable pe- (A) the terms ‘‘dealer’’ and ‘‘held by a deal- empt from the tax imposed by paragraph (1) riod, each rate of tax referred to in para- er’’ have the respective meanings given to by reason of paragraph (4) or (5). graph (2) shall be reduced to zero cents per such terms by section 6412 of such Code; ex- (C) CONTROLLED GROUPS.—For purposes of gallon. cept that the term ‘‘dealer’’ includes a pro- this paragraph— ‘‘(2) RATES OF TAX.—The rates of tax re- ducer, and (i) CORPORATIONS.— ferred to in this paragraph are— (B) the term ‘‘tax suspension date’’ means (I) IN GENERAL.—All persons treated as a ‘‘(A) the rate of tax otherwise applicable to May 26, 2008. controlled group shall be treated as 1 person. gasoline under clause (i) of subsection (4) CERTAIN RULES TO APPLY.—Rules similar (II) CONTROLLED GROUP.—The term ‘‘con- (a)(2)(A), determined with regard to sub- to the rules of subsections (b) and (c) of sec- trolled group’’ has the meaning given to such section (a)(2)(B) and without regard to sub- tion 6412 of such Code shall apply for pur- term by subsection (a) of section 1563 of such section (a)(2)(C), poses of this subsection. Code; except that for such purposes the ‘‘(B) the rate of tax otherwise applicable to (c) FLOOR STOCKS TAX.— phrase ‘‘more than 50 percent’’ shall be sub- diesel fuel under clause (iii) of subsection (1) IMPOSITION OF TAX.—In the case of any stituted for the phrase ‘‘at least 80 percent’’ (a)(2)(A), determined with regard to sub- liquid on which tax would have been imposed each place it appears in such subsection. section (a)(2)(B) and without regard to sub- under section 4081 of the Internal Revenue (ii) NONINCORPORATED PERSONS UNDER COM- section (a)(2)(C), and Code of 1986 during the applicable period but MON CONTROL.—Under regulations prescribed ‘‘(C) the rate of tax otherwise applicable to for the amendment made by subsection (a), by the Secretary, principles similar to the diesel fuel under paragraph (1) of section and which is held on the floor stocks tax principles of clause (i) shall apply to a group 4041(a) with respect to fuel sold for use or date by any person, there is hereby imposed of persons under common control where 1 or used in a diesel-powered highway vehicle. a floor stocks tax in an amount equal to the more of such persons is not a corporation. ‘‘(3) APPLICABLE PERIOD.—For purposes of tax which would be imposed on such liquid (7) OTHER LAW APPLICABLE.—All provisions this subsection, the term ‘applicable period’ had the taxable event occurred on the floor of law, including penalties, applicable with means the period beginning on May 26, 2008, stocks tax date. respect to the taxes imposed by section 4081 and ending on September 1, 2008. (2) LIABILITY FOR TAX AND METHOD OF PAY- of such Code shall, insofar as applicable and ‘‘(4) MAINTENANCE OF TRUST FUND DEPOS- MENT.— not inconsistent with the provisions of this ITS.—In determining the amounts to be ap- (A) LIABILITY FOR TAX.—A person holding a paragraph, apply with respect to the floor propriated to the Highway Trust Fund under liquid on the floor stocks tax date to which stock taxes imposed by paragraph (1) to the section 9503 and to the Leaking Underground the tax imposed by paragraph (1) applies same extent as if such taxes were imposed by Storage Tank Trust Fund under 9508, an shall be liable for such tax. such section 4081. amount equal to the reduction in revenues to (B) METHOD OF PAYMENT.—The tax imposed (d) SECRETARY.—For purposes of this sec- the Treasury by reason of this subsection by paragraph (1) shall be paid in such man- tion, the term ‘‘Secretary’’ means the Sec- shall be treated as taxes received in the ner as the Secretary shall prescribe. retary of the Treasury or the Secretary’s Treasury under this section or section 4041.’’. (C) TIME FOR PAYMENT.—The tax imposed delegate. (2) EFFECTIVE DATE.—The amendment by paragraph (1) shall be paid on or before (e) BENEFITS OF TAX REDUCTION SHOULD BE made by this subsection shall take effect on the date which is 6 months after the floor PASSED ON TO CONSUMERS.—It is the policy of the date of the enactment of this Act. stocks tax date. Congress that— (b) FLOOR STOCK REFUNDS.— (3) DEFINITIONS.—For purposes of this sub- (1) consumers immediately receive the ben- (1) IN GENERAL.—If— section— efit of the reduction in taxes resulting from (A) before the tax suspension date, a tax the amendment made by subsection (a), and referred to in section 4081(f)(2) of the Inter- (A) HELD BY A PERSON.—A liquid shall be (2) transportation motor fuels producers nal Revenue Code of 1986 has been imposed considered as ‘‘held by a person’’ if title and other dealers take such actions as nec- under such Code on any liquid, and thereto has passed to such person (whether essary to reduce transportation motor fuels (B) on such date such liquid is held by a or not delivery to the person has been made). prices to reflect such reduction, including dealer and has not been used and is intended (B) GASOLINE AND DIESEL FUEL.—The terms immediate credits to customer accounts rep- for sale, there shall be credited or refunded ‘‘gasoline’’ and ‘‘diesel fuel’’ have the respec- resenting tax refunds allowed as credits (without interest) to the person who paid tive meanings given such terms by section such tax (hereafter in this subsection re- 4083 of such Code. against excise tax deposit payments under ferred to as the ‘‘taxpayer’’), against the tax- (C) FLOOR STOCKS TAX DATE.—The term the floor stocks refund provisions of sub- payer’s subsequent semi-monthly deposit of ‘‘floor stocks tax date’’ means September 2, section (b). such tax, an amount equal to the excess of 2008. f (D) APPLICABLE PERIOD.—The term ‘‘appli- the tax paid by the taxpayer over the AUTHORITY FOR COMMITTEES TO amount of such tax which would be imposed cable period’’ means the period described in on such liquid had the taxable event oc- section 4081(f)(3) of such Code. MEET curred on the tax suspension date. (4) EXCEPTION FOR EXEMPT USES.—The tax COMMITTEE ON FINANCE (2) TIME FOR FILING CLAIMS; CERTIFICATIONS imposed by paragraph (1) shall not apply to Mr. KENNEDY. Mr. President, I ask gasoline or diesel fuel held by any person ex- NECESSARY TO FILE CLAIMS.— unanimous consent that the Com- (A) IN GENERAL.—No credit or refund shall clusively for any use to the extent a credit be allowed or made under this subsection— or refund of the tax imposed by section 4081 mittee on Finance be authorized to (i) unless claim therefor is filed with the of such Code is allowable for such use. meet during the session of the Senate Secretary before the date which is 6 months (5) EXCEPTION FOR FUEL HELD IN VEHICLE on Thursday, April 17, 2008, at 10 a.m., after the tax suspension date, and TANK.—No tax shall be imposed by paragraph in 215 Dirksen Senate Office Building. (ii) in any case where liquid is held by a (1) on gasoline or diesel fuel held in the tank The PRESIDING OFFICER. Without dealer (other than the taxpayer) on the tax of a motor vehicle. objection, it is so ordered. suspension date, unless the taxpayer files (6) EXCEPTION FOR CERTAIN AMOUNTS OF COMMITTEE ON FOREIGN RELATIONS with the Secretary— FUEL.— (I) a certification that the taxpayer has (A) IN GENERAL.—No tax shall be imposed Mr. KENNEDY. Mr. President, I ask given a credit to such dealer with respect to by paragraph (1)— unanimous consent that the Com- such liquid against the dealer’s first pur- (i) on gasoline (other than aviation gaso- mittee on Foreign Relations be author- chase of liquid from the taxpayer subsequent line) held on the floor stocks tax date by any ized to meet during the session of the to the tax suspension date, and person if the aggregate amount of gasoline Senate on Thursday, April 17, 2008, at 3 (II) a certification by such dealer that such held by such person on such date does not ex- p.m. to hold a working coffee meeting dealer has given a credit to a succeeding ceed 4,000 gallons, and with His Excellency Ahmed Aboul dealer (if any) with respect to such liquid (ii) on diesel fuel held on such date by any against the succeeding dealer’s first pur- person if the aggregate amount of diesel fuel Gheit, Foreign Minister of the Arab chase of liquid from such dealer subsequent held by such person on such date does not ex- Republic of Egypt. to the tax suspension date. ceed 2,000 gallons. The PRESIDING OFFICER. Without (B) REASONABLENESS OF CLAIMS CER- The preceding sentence shall apply only if objection, it is so ordered. TIFIED.—Any certification made under sub- such person submits to the Secretary (at the COMMITTEE ON INDIAN AFFAIRS paragraph (A) shall include an additional time and in the manner required by the Sec- Mr. KENNEDY. Mr. President, I ask certification that the claim for credit was retary) such information as the Secretary unanimous consent that the Com- reasonably based on the taxpayer’s or deal- shall require for purposes of this subpara- er’s past business relationship with the suc- graph. mittee on Indian Affairs be authorized ceeding dealer. (B) EXEMPT FUEL.—For purposes of sub- to meet on Thursday, April 17, 2008, at (3) DEFINITIONS.—For purposes of this sub- paragraph (A), there shall not be taken into 10:30 a.m., in room 562 of the Dirksen section— account fuel held by any person which is ex- Senate Office Building to conduct a

VerDate Mar 15 2010 15:28 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR08\S17AP8.002 S17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6384 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 5 April 17, 2008 hearing on the National Indian Gaming proceed to S. 1315, and I send a cloture Chamber) be temporarily suspended for the Commission. motion to the desk. sole and specific purpose of permitting the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The clo- Senate Photographic Studio to photograph objection, it is so ordered. ture motion having been presented the United States Senate in actual session on Tuesday, June 3, 2008, at the hour of 2:15 AD HOC SUBCOMMITTEE ON STATE, LOCAL, AND under rule XXII, the Chair directs the p.m. PRIVATE SECTOR PREPAREDNESS AND INTE- clerk to read the cloture motion. SEC. 2. The Sergeant at Arms of the Senate GRATION The assistant legislative clerk read is authorized and directed to make the nec- Mr. KENNEDY. Mr. President, I ask as follows: essary arrangements therefor, which ar- unanimous consent that the Ad Hoc CLOTURE MOTION rangements shall provide for a minimum of Subcommittee on State, Local, and disruption to Senate proceedings. Private Sector Preparedness and Inte- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the f gration of the Committee on Homeland Standing Rules of the Senate, hereby move Security and Governmental Affairs be to bring to a close debate on the motion to ORDERS FOR FRIDAY, APRIL 18, authorized to meet during the session proceed to Calendar No. 336, S. 1315, the Vet- 2008 of the Senate on Thursday, April 17, erans’ Benefits Enhancement Act. Mr. REID. Mr. President, I ask unan- 2008, at 2 p.m. to conduct a hearing en- Harry Reid, Daniel K. Akaka, Barbara imous consent that when the Senate titled, ‘‘Focus on Fusion Centers: A Boxer, Patty Murray, Byron L. Dorgan, completes its business today, it stand Progress Report.’’ Edward M. Kennedy, Christopher J. The PRESIDING OFFICER. Without Dodd, Benjamin L. Cardin, Patrick J. in recess until 9:30 a.m. tomorrow, Fri- objection, it is so ordered. Leahy, Bernard Sanders, Sherrod day, April 18; that following the prayer Brown, Amy Klobuchar, Richard Dur- and the pledge, the Journal of pro- SELECT COMMITTEE ON INTELLIGENCE bin, Ken Salazar, Sheldon Whitehouse, ceedings be approved to date, and that Mr. KENNEDY. Mr. President, I ask Max Baucus, Daniel K. Inouye. unanimous consent that the Select there then be a period for the trans- Mr. REID. Mr. President, I ask unan- Committee on Intelligence be author- action of morning business, with Sen- imous consent that on Tuesday, April ized to meet during the session of the ators permitted to speak therein for up 22, following a period of morning busi- Senate on April 17, 2008, at 2:30 p.m. to to 10 minutes each. ness, the Senate resume consideration hold a closed hearing. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without of the motion to proceed and the time objection, it is so ordered. objection, it is so ordered. until 12 noon be equally divided and controlled between the leaders or their f SUBCOMMITTEE ON WATER AND POWER designees; that at noon, the Senate Mr. KENNEDY. Mr. President, I ask PROGRAM proceed to a vote on a motion to in- unanimous consent that the Sub- Mr. REID. As previously announced, voke cloture on the motion to proceed committee on Water and Power be au- there will be no votes tomorrow or to S. 1315; further, that the mandatory thorized to meet during the session of Monday because of the Passover holi- quorum be waived. the Senate to conduct a hearing on day. Thursday, April 17, 2008, at 2 p.m., in The PRESIDING OFFICER. Without f room SD366 of the Dirksen Senate Of- objection, it is so ordered. fice Building. f RECESS UNTIL 9:30 A.M. The PRESIDING OFFICER. Without AUTHORIZING THE TAKING OF A TOMORROW objection, it is so ordered. PHOTOGRAPH IN THE SENATE Mr. REID. Mr. President, if there is Mr. REID. Mr. President, I ask unan- CHAMBER no further business to come before the imous consent that the order for the Senate, I ask unanimous that it stand quorum call be rescinded. Mr. REID. Mr. President, there is a The PRESIDING OFFICER. Without resolution at the desk, and I ask unani- in recess under the previous order. objection, it is so ordered. mous consent for its immediate consid- There being no objection, the Senate, eration. at 6:40 p.m., recessed until Friday, f The PRESIDING OFFICER. The April 18, 2008, at 9:30 a.m. VETERANS’ BENEFITS ENHANCE- clerk will report the resolution by f MENT ACT—MOTION TO PROCEED title. CLOTURE MOTION The legislative clerk read as follows: NOMINATIONS Mr. REID. Mr. President, I spoke to A resolution (S. Res. 521) authorizing the Executive nominations received by the minority leader last evening and taking of a photograph in the Chamber of the Senate: the U.S. Senate. indicated to him that I was going to DEPARTMENT OF JUSTICE move to the Veterans’ Benefits Act. As There being no objection, the Senate KELLY HARRISON RANKIN, OF WYOMING, TO BE a result of that, I have no alternative— proceeded to consider the resolution. UNITED STATES ATTORNEY FOR THE DISTRICT OF WYO- not speaking to him but not having Mr. REID. Mr. President, I ask unan- MING FOR THE TERM OF FOUR YEARS, VICE MATTHEW HANSEN MEAD, RESIGNED. heard back—I have no alternative but imous consent that the resolution be IN THE AIR FORCE to file cloture on this matter. Other- agreed to, the motion to reconsider be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT wise, of course, another day would be laid upon the table, and that there be IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- lost. So I am disappointed that I need no intervening action or debate on this CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION to file this. This is a veterans’ benefits matter. 601: enhancement bill. I would hope that on The PRESIDING OFFICER. Without To be lieutenant general Monday, we could have Senator AKAKA objection, it is so ordered. and his ranking member be allowed to The resolution (S. Res. 521) was MAJ. GEN. PHILIP M. BREEDLOVE move to this legislation. We have al- agreed to, as follows: IN THE NAVY ready announced there will be no votes THE FOLLOWING NAMED OFFICER FOR APPOINTMENT S. RES. 521 IN THE UNITED STATES NAVY TO THE GRADE INDICATED tomorrow or on Monday. It would sure Resolved, That paragraph 1 of Rule IV of WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND be good if we could do that. the Rules for the Regulation of the Senate RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: In view of the situation we have here, Wing of the United States Capitol (prohib- To be vice admiral I have no alternative but to move to iting the taking of pictures in the Senate REAR ADM. (LH) ROBERT S. HARWARD, JR.

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RECOGNIZING ALISHA D. PRATHER new Galveston National Laboratory projected Gordy, Sr., donated the land for a new field. FOR HER CONTRIBUTIONS AND to open in November of this year. As Alisha Today, there are 449 players registered in the SERVICE TO THE COMMITTEE ON says, it’s the opportunity to build something Delmar Little League, with over half of the SCIENCE AND TECHNOLOGY from the ground up. players hailing from Delaware. In addition, the We’re quick to point out that she did just league has hosted several state level tour- HON. BART GORDON that with our press operation here at the Com- naments. The Delmar Little League estab- OF TENNESSEE mittee, and we extend our sincere thanks to lished a female softball division in 1982 and IN THE HOUSE OF REPRESENTATIVES her for a job well done. the baseball league is now open to young Thursday, April 17, 2008 f women, as well. I acknowledge the Delmar Little League for Mr. GORDON of Tennessee. Madam IN HONOR OF THE 50TH ANNIVER- 50 years of promoting physical fitness and Speaker, I rise today to recognize a talented SARY OF THE DELMAR LITTLE individual who has been a dedicated member LEAGUE community involvement amongst young peo- of our Committee staff—Alisha D. Prather. ple in the State of Delaware. I am confident Alisha came to the Committee as the com- HON. MICHAEL N. CASTLE that the league will continue to do so for many more years to come. munications director for the minority staff at OF DELAWARE the beginning of the 108th Congress. She IN THE HOUSE OF REPRESENTATIVES f filled a newly created position since the minor- Thursday, April 17, 2008 ity staff had functioned without a press person PACCAR: TRADER OF THE YEAR for some years. Mr. CASTLE. Madam Speaker, it is with Her degree in Telecommunications from great pleasure that I rise today to recognize Baylor University and a Master’s in Commu- the Delmar Little League, which will celebrate HON. DAVID G. REICHERT nication Studies from the University of Lou- its opening day and 50th anniversary on April OF WASHINGTON isiana at Lafayette meant Alisha was well pre- 19. For one half-century, the Delmar Little pared for the job. She also came to us with a League has been providing the only organized IN THE HOUSE OF REPRESENTATIVES great deal of work experience on Capitol Hill summer activity open to all youths in the town Thursday, April 17, 2008 under her belt. of Delmar, Delaware. From the start, the challenge Alisha faced The Delmar Little League was chartered in Mr. REICHERT. Madam Speaker, I want to on the Committee was taking technical, sci- 1958 under the leadership of Epperson congratulate PACCAR, Inc. for earning the entific information and translating it into an in- ‘‘Eppie’’ Culver, who also became the league’s 2008 Governor’s Trader of the Year Award in teresting and informative message for the first president and one of the league’s first Washington State for expanding the State’s American public. She succeeded. With her coaches. The league was initially organized international trade. PACCAR, headquartered quick intellect and some long hours, Alisha into four teams: the Vets, sponsored by the in my congressional district, is a global leader soon produced an organized press shop, Delmar VFW Memorial Post 8276, the Moose, in the design, manufacture and customer sup- building enormous credibility with our science sponsored by Moose Lodge No. 582, the Fire- port of light-, medium- and heavy-duty trucks. constituencies, the public and the media. men, sponsored by the Delmar Fire Depart- In addition, PACCAR provides financial serv- One of her first projects as the new commu- ment, and the Lions, sponsored by the Delmar ices and informational technology for the ac- nications director was to shepherd the minority Lions Club. The inaugural season was offi- tual truck makers—all while conducting its website through a top to bottom redesign. She cially dedicated on August 15, and the first business with the health and safety of the did an outstanding job. The website received games were played on a corner lot provided planet in mind. a Congressional Management Foundation by the Delmar Fire Department. That year, With 22,000 employees worldwide and Gold Mouse Award in 2006, recognizing the using equipment given to the league by the 2,500 in Washington State, PACCAR is a local site as one of the best web sites on Capitol Delmar Kiwanis Club, the four teams only business with a truly global reach. In 2007, Hill. Alisha did it again in 2007 when our Com- played against each other: they did not com- PACCAR had $15.2 billion in net income, sell- mittee website received another Gold Mouse pete with any other teams outside of the ing products and services in more than 100 Award and was judged to be the number one league. countries, while setting record industry sales By the 1959 season, the Delmar Little committee website in Congress. for commercial vehicles above 15 tons in League had grown to 60 boys, and the league With our move to the Majority in 2007, Western and Central Europe. Alisha undertook the task of meeting the press had its own field on which to play. The league I also want to recognize PACCAR for its needs of a growing staff and an increasingly held a contest to decide on the name of the leadership and innovation in energy independ- busy Committee agenda, while assuring that park. The winning entry was submitted by ence and environmentally friendly business my media needs and the needs of our active James Mills, and Pote Field was dedicated on practices. The company truly represents the Membership were well attended. June 19, 1959. The new location was named Prior to her time with us, Alisha worked for for Monroe Pote, or ‘‘Mr. Baseball’’, as he was spirit of the Pacific Northwest region by con- 8 years as the communications director for known in Delmar. Mr. Pote is credited with es- ducting business within and very often ex- Representative Chris John of Louisiana. For tablishing the first organized baseball team in ceeding regulatory environmental standards, several years, Alisha also served as the com- Delmar in 1922, along with many other sports harnessing the power and efficiency of solar munications coordinator for the Blue Dog Coa- teams and organizations for the young men of energy and, perhaps most importantly, con- lition. his town. Mr. Pote became an inspiration and serving energy utilizing breakthrough hybrid Alisha leaves the Hill after 111⁄2 years here, a father figure to many of the boys that he technology. and she will be missed. She’s heading to coached. 1959 proved to be a milestone year PACCAR is a leader in truck design and Texas which takes her that much closer to her for the league in scoring, as well: the first manufacture. It is an American company from home State of Louisiana. Although a huge fan home run was scored by Gary Wooten on the Pacific Northwest with a global impact. It of Capitol Hill and the Washington, DC area, May 30 and the first grand slam by John Ehr- is also a wonderful example of American busi- Alisha has always had an interest in spending lich on June 23. The league formed its original ness leading the way in energy independence some time closer to home. First All-Star Team in 1960. and environmentally-friendly business prac- We wish her well as she takes on a new The league moved to its present facilities in tices and I offer its employees my sincere con- challenge—Director of Communications for the 1962, when the park’s namesake. William gratulations and appreciation.

● 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 Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6386 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 17, 2008 RECOGNIZING THE ACHIEVEMENTS School in Fort Lauderdale, FL on its 50th An- The first attack occurred at West Ambler OF THE SOUTHERN ILLINOIS niversary. For the past 50 years, Bayview Ele- Johnston Hall. Cho entered the co-ed dor- UNIVERSITY DEBATE TEAM mentary School has been providing students mitory, home to 894 students, at 7 a.m. Fif- with the skills, knowledge, and preparation teen minutes later, he murdered two victims HON. JERRY F. COSTELLO they need to succeed both inside and outside before returning to his dorm room. Nearly 2 OF ILLINOIS the classroom. hours later, Cho went to a post office to mail IN THE HOUSE OF REPRESENTATIVES Instrumental to the success of Bayview Ele- writings and video footage to NBC News. He Thursday, April 17, 2008 mentary is the hard work of the teachers, ad- was sure to inform the press because he ministrators, parents and other volunteers wanted the infamy and power. This coward Mr. COSTELLO. Madam Speaker, I rise within the community who are committed to carried chains, locks, a hammer, a knife, two today to acknowledge the outstanding accom- providing these children with a topnotch edu- guns, nineteen 10- and 15-round magazines, plishments of the debate team at Southern Illi- cation. The faculty at Bayview truly cares for and almost 400 rounds of ammunition. He was nois University in Carbondale, Illinois. Directed the well-being of their students, and their dedi- on a murderous mission. by Dr. Todd Graham, the team of Kevin cation to improving the quality of education in Two hours after his first killings, Cho contin- Calderwood, a junior in political science from their classrooms will benefit these students for ued his murder spree at Norris Hall. He Chesterfield, MO, and Kyle Dennis, a senior in generations to come. chained the three main entrance doors shut, economics from Blue Springs, MO, won the I would also like to recognize Ms. JoEllen placed a note on the doors that said if the national championship in the 54-team National Scott, the principal of Bayview Elementary Parliamentary Tournament of Excellence. door was opened a bomb would explode, and It is important to note that this was a very School, whose hard work and excellent lead- then went up to the second floor to begin the select competition. A team must qualify for the ership have helped make this school the suc- massacre. Cho peeked into the classroom national championship tournament by doing cess it is today. I am confident that Bayview twice, to view his prey. He entered Professor well throughout the year. While only 54 teams Elementary School will continue to produce G.V. Loganathan’s classroom, killing the pro- competed, more than 300 attempted to qualify. well-rounded and motivated students for the fessor and then killing 9 of the 13 students. The debate program also entered teams in next 50 years and beyond. Two other students were injured and only 2 the National Parliamentary Debate Association f students survived unharmed. Cho then walked tournament. That tournament is held at the across the hall to Christopher James Bishop’s DEACON ASPINWALL end of March at the United States Air Force classroom where he killed Bishop and 4 other Academy in Colorado Springs, CO, and in- students. Cho wounded 6 others. Cho contin- cludes over 250 universities and colleges. HON. ED PERLMUTTER ued down Norris Hall, shooting students and Among the 500 debaters competing, Kevin OF COLORADO professors. He returned to the classrooms won the top spot in the individual awards, so- IN THE HOUSE OF REPRESENTATIVES several times. Cho’s spree continued for 10 to lidifying his position as one of the best debat- Thursday, April 17, 2008 12 minutes. He fired at least 174 rounds. ers in the country. Kyle took home third place The 2 hour murderous massacre taught us overall in the individual awards. Mr. PERLMUTTER. Madam Speaker, I rise that universities must have a coordinated, In addition, the team of Katie Thomas, from today to recognize and applaud Deacon quick system to notify students, staff, and the Fort Collins, CO, and Adam Testerman, from Aspinwall who has received the Arvada Wheat entire university community of a pending dan- Springfield, MO, won fifth place as a team Ridge Service Ambassadors for Youth award. ger. I’m an original cosponsor on the Virginia overall. Also participating in the debate pro- Deacon Aspinwall is a senior at Arvada High Tech Victims Campus Emergency Response gram was Nicholas Deml of La Crosse, WI. School and received this award because his Policy and Notification Act, which would re- Graduate students Benjamin Haas, from Pop- determination and hard work have allowed him quire universities to notify students and em- lar Bluff, MO, and Brian Norcross from San to overcome adversities. ployees within 30 minutes after campus secu- Diego, CA, assisted Dr. Graham with team The dedication demonstrated by Deacon rity or law enforcement determines that an preparation. Aspinwall is exemplary of the type of achieve- emergency exists on campus. It is unfortunate Not surprisingly, the debate program’s suc- ment that can be attained with hard work and that it took a tragedy to teach us this lesson. cesses throughout the season resulted in a perseverance. It is essential that students at This country continues to mourn the lives of great deal of recognition from peers at other all levels strive to make the most of their edu- the 32 victims from Virginia Tech. We will universities. Ryan Lawrence, a debater from cation and develop a work ethic that will guide never forget them. And that’s just the way it is. the University of California at Berkeley and the them for the rest of their lives. f top debater last year, commented to Dr. I extend my deepest congratulations once Graham that he would still hold his head high again to Deacon Aspinwall for winning the Ar- PERSONAL EXPLANATION if beaten by Southern Illinois because he and vada Wheat Ridge Service Ambassadors for his teammates considered it ‘‘the smartest, Youth award. I have no doubt he will exhibit HON. KAY GRANGER hardest-working and best debate team in the the same dedication he has shown in his high OF TEXAS country.’’ school career to his college career and future IN THE HOUSE OF REPRESENTATIVES Madam Speaker, Southern Illinois University accomplishments. has a proud tradition in teaching, research and Thursday, April 17, 2008 f public service. It is widely recognized that Ms. GRANGER. Madam Speaker, on rollcall graduates who are well prepared become VIRGINIA TECH MASSACRE Nos. 147, 153, 154, 155, 164, 165, 174, 178, leaders in their fields. I urge my colleagues to 179, and 181 I am not recorded because I join me in congratulating the debate team, fac- HON. TED POE was absent due to illness. ulty and students at Southern Illinois Univer- OF TEXAS Had I been present, I would have voted sity for their continuing commitment to excel- IN THE HOUSE OF REPRESENTATIVES ‘‘no.’’ lence. f f Thursday, April 17, 2008 IN HONOR OF THE SPELLING HONORING THE 50TH ANNIVER- Mr. POE. Madam Speaker, today marks the CHAMPIONS OF THE MULTI-RE- SARY OF BAYVIEW ELEMEN- 1 year anniversary of the Virginia Tech mas- GIONAL STATE SPELLING BEE TARY SCHOOL sacre. One year ago, students on the campus woke up and went to class. It was another seemingly ordinary day. But a mentally-ill cow- HON. MICHELE BACHMANN HON. RON KLEIN ard, hungry for control and infamy, followed OF FLORIDA OF MINNESOTA through on his premeditated rampage. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES On April 16, 2007, there were two separate Thursday, April 17, 2008 attacks, 2 hours apart on the campus of Vir- Thursday, April 17, 2008 Mr. KLEIN of Florida. Madam Speaker, I ginia Tech. The murderer, Seung-Hui Cho, Mrs. BACHMANN. Madam Speaker, last rise today to honor Bayview Elementary killed 32 people and wounded many. month, students from all over Minnesota met

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6387 at the St. Cloud Holiday Inn Hotel and Suites The University Center is not only an asset on August 15, 1978, in a rented space at to compete for the honor of traveling to Wash- to our community now, but the sky is the limit Hawthorn Jr. High School. Three years later, ington in May for the Scripps National Spelling for its future impact. By offering convenient ac- in 1981, the church moved into their new Wor- Bee. I commend all of the students who par- cess to top quality instructors and innovative ship Center which doubled as a building for ticipated for their extraordinary commitment to teaching, the opportunity for students to Mass as well as for social and community ac- academics and their brilliance and poise under achieve their higher education goals in my dis- tivities. In December of 2005, the church pressure. trict has never been so strong. moved into a new church building, fulfilling In particular, I share in all of Minnesota’s I consistently hear from employers that Uni- their dream. Despite the acquisition, the con- pride in 8th Grader Catherine Cojocaru of Holy versity Center students take their outstanding gregation takes pride in the fact that it is the Spirit Catholic School in Rochester, Min- educations and make a mark in the workplace. people inside the church’s walls that make St. nesota, who will be participating in the Na- Many careers have been started or enhanced Mary of Vernon what it is. tional Spelling Bee for the second year in a through this unique educational resource. As The parishioners of St. Mary of Vernon are row. the University Center moves beyond its first dedicated to the Catholic education for all I also wish to commend the winners of the decade, the best is truly yet to come. ages. Their goal is for all activities and gath- Central Minnesota Regional Spelling Bee who Madam Speaker, it is an honor to represent erings to have a spiritual dimension and reg- competed amongst 56 students in grades 5 to the University Center in the U.S. House of ular participation in these programs helps de- 8 from 34 different school districts. These stu- Representatives, and I urge you to join me in velop a community within the church. dents earned a spot at the State Bee: Ali congratulating the Lone Star College Sys- Going beyond themselves, St. Mary of Fuller of Chisago Lakes, Christina Huling of tem—University Center on this momentous oc- Vernon believes in serving the needs of their Annandale, Matt Schultz of St. Michael- casion. surrounding community. Through outreach Albertville, and Peter Doyle of Rocori. The skill f programs, people feel welcome in the church these young men and women showed is truly at all times. To maximize their impact, they awe-inspiring. They are a real example for us RECOGNIZING THE OPENING OF also partner up with other congregations and all. THE TREATY ROOM AND THE community efforts. f CROSSROADS OF DESTINY EX- This year we pause to celebrate the HIBIT AT THE GARST MUSEUM church’s 30th Anniversary and their impact on HONORING THE LONE STAR COL- IN GREENVILLE, OHIO LEGE SYSTEM UNIVERSITY CEN- our community. I commend St. Mary’s for their TER ON ITS 10TH ANNIVERSARY accomplishments over the years and know HON. JOHN A. BOEHNER they will continue to do great things in the HON. KEVIN BRADY OF OHIO years to come. OF TEXAS IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Thursday, April 17, 2008 IN HONOR OF GERRET AND Thursday, April 17, 2008 Mr. BOEHNER. Madam Speaker, I rise to TATIANA COPELAND Mr. BRADY of Texas. Madam Speaker, I recognize the grand opening of the Treaty rise today very proud to honor and congratu- Room and the Crossroads of Destiny Exhibit HON. MICHAEL N. CASTLE late the Lone Star College System University at the Garst Museum in Greenville, Ohio OF DELAWARE Center in The Woodlands, Texas, on its 10th One of most significant historical moments IN THE HOUSE OF REPRESENTATIVES in Darke County was the signing of the Treaty anniversary. Thursday, April 17, 2008 The University Center broke ground in June of Greene Ville, which ended forty years of of 1996 under the theme of ‘‘common ground conflict over the upper Ohio Valley and Mr. CASTLE. Madam Speaker, it is with for the common good.’’ Partner universities, opened the door for western settlement, lead- great pleasure that I rise today to recognize which include: Prairie View A&M University, ing to Ohio’s statehood. This exhibit tells the Mr. and Mrs. Gerret and Tatiana Copeland for Sam Houston State University, Texas A&M story of life on the frontier: war, resolution, their momentous gift to Christiana Care Health University, Texas Southern University, Univer- loss, progress and the growth of a nation. System’s Center for Heart and Vascular sity of Houston and University of Houston- While Darke County is no longer the West- Health. The Copelands’ gift will enable Downtown, began offering courses in Sep- ern edge of the United States, its citizens re- Christiana Care to purchase a Stereotaxis re- tember of 1997, and facilities were opened in tain the finest qualities of frontier settlers: gen- mote navigation system that can more effec- January of the next year. Since that time, the erous hearts, a zeal for public service and the tively target problem areas in the heart while University Center has indeed honored the vi- passionate patriotism that General Anthony still preserving healthy tissue, thereby pro- sion of providing multi-level quality higher edu- Wayne, General William Henry Harrison, viding the people of Delaware with the best cation instruction to a diverse population of Meriwether Lewis and William Clark exhibited treatment available for a potentially fatal dis- citizens from north Houston, north Harris and more than two centuries ago. order. Montgomery counties. It is my pleasure to congratulate The Garst Stereotaxis is used to treat Atrial Fibrillation, Over the past decade, the Center has expe- Museum, the Darke County Historical Society a common heart condition that occurs when rienced phenomenal growth. Student enroll- and the citizens of Darke County on the grand the heart rhythm becomes irregular, possibly ment and the number of courses offered has opening of this new exhibit. leading to blood clots and eventual stroke. grown four-fold. In 1997, the Center served f The current procedure—which involves insert- 374 students in 65 classes. Today, over 2,300 ing a catheter through the artery, identifying students participate in 255 classes. Fifty-two CONGRATULATING ST. MARY OF the areas of the heart that trigger the irregular thousand students have been served in ten VERNON ON THEIR 30TH ANNI- heartbeat, and destroying those areas—puts years with no signs that growth will stop. VERSARY healthy tissue in the heart at risk, is time con- This unique partnership between the six suming, and has only a 50 percent success Texas universities and the five colleges of the HON. MARK STEVEN KIRK rate. The Stereotaxis equipment, which will be Lone Star College System has created amaz- OF ILLINOIS housed in a new surgical suite named for ing educational opportunities for the students IN THE HOUSE OF REPRESENTATIVES Gerret and Tatiana, uses computer technology of the region. Through this partnership, stu- to create three-dimensional images of the dents at the University Center can complete Thursday, April 17, 2008 heart and veins, allowing the cardiologist to di- baccalaureate degrees, master’s degrees and Mr. KIRK. Madam Speaker, I rise today to rect a magnetic catheter with greater precision continuing professional studies in over 65 pro- honor the 30th Anniversary of St. Mary of and less chance of damaging the patient’s grams without having to drive long distances. Vernon, a well-established church located in heart. These features should increase proce- Having such programs right in their own back- the 10th district of Illinois. dure success rates to as high as 90 percent. yard is an opportunity that the enrollment In 1978, Father John Finnegan went to Lake In addition, the Stereotaxis procedure is short- numbers clearly tell us is just too good to pass County to establish a new parish in the er than the traditional procedure; thus, the pa- up. Vernon Hills area. The first Mass took place tient should require less sedation, less post-

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6388 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 17, 2008 surgery medication, and recover at a taster trade, and demands that the US Department latest reincarnation. The NCAA has, on mul- rate. This type of cutting-edge equipment is of Justice take the proper actions to inves- tiple occasions, studied and considered mov- available in only 100 hospitals worldwide. tigate and end the unfair BCS system. It also ing to a playoff to determine the national The Copelands are no strangers to philan- encourages the National Collegiate Athletic champion. Successful BCS school football thropy: they have been generously supporting Association (NCAA) to establish a true football coaches and presidents have called for a play- various causes in Delaware for many years, playoff system to determine the national colle- off system, as have presidents of non-BCS most notably the arts. Their gift to Christiana giate football champion in the interest of parity schools. Congress has held multiple hearings Care, however, is very personal. In 2006, fol- and sportsmanship. questioning the fairness of the BCS and states lowing a cardiac catheterization, Gerret under- The BCS is fundamentally unfair. Non-BCS have introduced and passed legislation calling went heart bypass surgery to treat blockage in schools, those in conferences not automati- for changes to the system. six of his arteries. Due to the extraordinary cally qualified for the BCS bowls, are at a dis- NCAA football is the only college team sport skill of the dedicated team of doctors at advantage prior to the first kickoff of the sea- without a playoff determining the national Christiana Care, Gerret has since made a full son. Non-BCS schools must basically have champion. While the NCAA Basketball Cham- recovery. He and Tatiana hope that their do- perfect seasons, and must be the best of over pionship’s format will not transfer perfectly to nation will help others benefit from the same 50 schools to even be considered to play in a college football, it is an ideal system. All Divi- exceptional care. BCS bowl, while schools that belong to con- sion I schools start the season with an equal I thank and acknowledge Gerret and ferences that are automatically-qualified for chance of making it to the playoffs. The cham- Tatiana Copeland for their commitment to aid- BCS bowls (BCS schools) must only be the pionship is decided on the court by the players ing the fight against heart disease. Their gift best of 8–12 schools, depending on the con- and their talent, not rankings and their sched- grants Delaware residents access to the latest ference they compete in. Six of the ten ule before the tournament. The basketball technology used to treat life-threatening heart schools that participate in the BCS bowls qual- championship also allows for a nearly annual problems, undeniably bettering countless lives ify by becoming the regular season champion ‘‘Cinderella story,’’ an underrated team that and transforming cardiac care for the people of a BCS automatically-qualifying conference: defies expectations, upsets traditionally strong of Delaware. the Atlantic Coast Conference (ACC), Big 10, opponents and competes deep into the tour- Big 11, Big East, Pacific–10. and the South- nament. This year it was Davidson College, a f eastern Conference (SEC). The four others member of the Southern Conference, which A PROCLAMATION HONORING JUS- are determined based on rankings, conference was seeded tenth in its region and made it to TIN MCCAULEY FOR WINNING standings, and in some cases, selected by the Elite Eight, beating former champion THE OHIO DIVISION IV STATE bowl officials. There is also a rule prohibiting Georgetown University, the University of Wis- BASKETBALL CHAMPIONSHIP more than one non-BCS school from com- consin and Gonzaga University along the way. peting in a single year. This scenario is highly unlikely in the BCS These unfair eligibility requirements produce system, as there is little chance for a non-BCS HON. ZACHARY T. SPACE effects that go far beyond restricting access to OF OHIO school to even be offered an invitation to play. playing for the national championship. The Non-BCS schools, the University of Hawaii in IN THE HOUSE OF REPRESENTATIVES BCS generates hundreds of millions of dollars 2008 and Boise State University in 2007 were Thursday, April 17, 2008 of revenue annually, and this money is dis- undefeated going into the BCS and were not proportionately awarded to BCS conferences. Mr. SPACE. Madam Speaker: even given the opportunity to play for the na- Of the more than $217 million generated by Whereas, Justin McCauley showed hard tional championship. the 2006–2007 post-season bowls, $185 mil- work and dedication to the sport of basketball; Something must be done to ensure that lion, or 85 percent went to the BCS schools, and money and opportunity are evenly distributed which represent 66, or 55 percent of Division Whereas, Justin McCauley was a supportive among all college football programs. Congress I schools. Money generated by the post-sea- member of the team; and should act in the interest of all the athletes, son games help schools cover costs for their Whereas, Justin McCauley always displayed coaches, staff and supporters to guarantee athletic departments, facilities, equipment, re- dedication to the sport of basketball and the parity and competition in college football. The cruitment, and other sports programs. Non- current system leaves much to be desired and Tuscarawas County Rockets Special Olympics BCS schools must use their general funds to basketball team; now, therefore, be it I urge my colleagues to join me in support of cover costs of their athletic departments, this resolution calling for the NCAA Division I Resolved, That along with his friends, fam- which takes funding from academic and ad- ily, and the residents of the 18th Congres- national champion to be determined by a play- ministrative needs. off. sional District, I congratulate Justin McCauley The lopsided distribution of BCS revenue re- on supporting the Tuscarawas County Rockets sults in two tiers within the NCAA Football f Special Olympics basketball team during their Bowl Subdivision (formerly Division 1), those BRITTANY PADGETT quest to win the Ohio Division IV State Bas- with access to the BCS, and those without. ketball Championship. We recognize the tre- Those without are unable to change their situ- mendous hard work and sportsmanship he HON. ED PERLMUTTER ation as the money and prestige associated OF COLORADO has demonstrated during the 2007–2008 bas- with the BCS makes it highly unlikely that a IN THE HOUSE OF REPRESENTATIVES ketball season. non-BCS school will be able to compete for Thursday, April 17, 2008 f the same recruits, coaches, sponsorships, na- tional television exposure, and the revenue it Mr. PERLMUTTER. Madam Speaker, I rise INTRODUCTION OF NCAA FOOT- generates. This disparity keeps them in the today to recognize and applaud Brittany BALL CHAMPIONSHIP EQUITY second-class status and must be changed. Padgett who has received the Arvada Wheat RESOLUTION Questions about the legality of the BCS Ridge Service Ambassadors for Youth award. have also arisen. Legal scholars have ana- Brittany Padgett is a senior at Wheat Ridge HON. NEIL ABERCROMBIE lyzed the anti-trust aspects of the BCS, and High School and received this award because OF HAWAII some have concluded that the BCS violates her determination and hard work have allowed IN THE HOUSE OF REPRESENTATIVES the Sherman Anti-Trust Act under the Rule of her to overcome adversities. The dedication demonstrated by Brittany Thursday, April 17, 2008 Reason test. This requires that the competitive benefits of the system outweigh the anti-com- Padgett is exemplary of the type of achieve- Mr. ABERCROMBIE. Madam Speaker, petitive effects. However, the anti-competitive ment that can be attained with hard work and today I have joined with my colleagues Con- effects of the financial gain and recruiting ad- perseverance. It is essential that students at gressman SIMPSON of Idaho and Congress- vantage of the BCS schools can easily out- all levels strive to make the most of their edu- man WESTMORELAND of Georgia in introducing weigh the pro-competitive benefits of arrang- cation and develop a work ethic that will guide a resolution to end disparity in college sports ing for the top two ranking BCS teams to play them for the rest of their lives. that is an unintended consequence of the for the national championship. I extend my deepest congratulations once Bowl Championship Series (BCS). This resolu- Many have called for the end of or change again to Brittany Padgett for winning the Ar- tion declares the BCS an illegal restraint on to the BCS, and the current system is only the vada Wheat Ridge Service Ambassadors for

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Today, the unique partnership between ing $5 million for the St. Jude Children’s Re- The National Crittenton Foundation and the search Hospital and $800,000 of supplies for RECOGNIZING FLORENCE CRITTEN- Crittenton Family of Agencies carries on this Hurricane Katrina victims. TON SERVICES ON THE 125TH AN- mission through a national network of affiliated Sammy retires as the market manager for NIVERSARY OF THE NATIONAL independent, local organizations. CRITTENTON FOUNDATION Clear Channel/Chattanooga where he oversaw As a leading member of the Crittenton Fam- three popular radio stations: WUSY US–101, ily of Agencies, the Florence Crittenton Agen- WLND 98.1 The Legend, and WRXR Rock HON. NANCY E. BOYDA cy in Knoxville, Tennessee has worked tire- 105. After taking some much deserved time OF KANSAS lessly to ensure that the children, families, and off, he will bring his wealth of experience to IN THE HOUSE OF REPRESENTATIVES pregnant young women of East Tennessee Northwest Georgia Bank where he will be Thursday, April 17, 2008 have the best possible services. I am proud to vice-president for new business. have such an upstanding organization located Mrs. BOYDA of Kansas. Madam Speaker, I in my congressional district. Sammy George is a man of integrity, loyalty am pleased today to recognize Florence Founded in 1896 under the proud leader- and outstanding leadership, and I am proud to Crittenton Services in Topeka. Kansas, on the ship of Mrs. Annie McGhee McClung, the recognize him today. occasion of the 125th Anniversary of The Na- Knoxville organization experienced a period of tional Crittenton Foundation. decline during wars and the Great Depression, f Florence Crittenton Services in Topeka, one but the challenges facing young women and of the 22 Crittenton agencies nationwide, is girls remained. Seeing the great need that still THE 2008 COOPERATIVE justifiably proud of their more than 100 years existed, seven Knoxville community leaders CONSERVATION AWARD of service to the State of Kansas’ most vulner- signed a second Charter of Incorporation on able girls and young women. October 1, 1963, ushering in a new era of in- HON. DAVID G. REICHERT In 1900, this agency began in Topeka with novative services and support. a contribution of just $100, which was given to Through its active participation with The Na- OF WASHINGTON provide much-needed community services and tional Crittenton Foundation and the Crittenton IN THE HOUSE OF REPRESENTATIVES shelter to young women in the community. Family of Agencies, the Florence Crittenton It is worth our time to take a moment and Agency in Knoxville continues to strengthen Thursday, April 17, 2008 realize just how much that small $100 con- communities and have a positive impact on Mr. REICHERT. Madam Speaker, I want to tribution has created. East Tennessee. Today, 100 years later, Florence Crittenton In closing, Madam Speaker, I ask that my congratulate Mount Rainier National Park, the Services provides not just shelter, but cutting colleagues join me in recognizing the National Student Conservation Association, SCA, the edge, comprehensive services to Kansas’ Crittenton Foundation and Knoxville’s Florence Washington’s Trails Association, WTA, the Na- most vulnerable girls and young women. Cur- Crittenton Agency on this historic occasion tional Parks Conservation Association, NPCA, rently, Florence Crittenton is the only Psy- and thank them for their ongoing commitment Washington’s National Park Fund, and The chiatric Residential Treatment Facility in Kan- to our communities and to our country. Mountaineers for being awarded the 2008 Co- sas that serves female clients only. operative Conservation Award, CCA, from the Many people who know the Crittenton name f Department of the Interior. The CCA is the associate it with support for unwed mothers. TRIBUTE TO SAMMY GEORGE OF Department of Interior’s highest award pre- While this is an important part of the Crittenton CHATTANOOGA, TENNESSEE sented to private citizens and organizational legacy. the program has evolved over time to partners who support the agency’s mission meet the increasingly complex and acute HON. ZACH WAMP and demonstrate significant contributions to its needs of at-risk young women and their fami- OF TENNESSEE programs. lies all across Kansas. IN THE HOUSE OF REPRESENTATIVES The award was given to the coalition for Most importantly, this array of services to Thursday, April 17, 2008 their outstanding efforts in rebuilding damaged girls and young women in Kansas provides trails, campgrounds and other facilities at opportunities for growth and support that Mr. WAMP. Madam Speaker, today I rise to honor Sammy George of my hometown of Mount Rainier following the disastrous floods would not exist otherwise. I am proud to ac- and windstorms during the winter of 2006. The knowledge Florence Crittenton Services of Chattanooga, Tennessee, as he departs the broadcasting industry at the height of his ca- coalition named their efforts the Mount Rainier Kansas for their long-standing and worthwhile Recovery Initiative and enlisted the help of efforts that give girls the tools and skills to reer with 35 years of service. Mr. George has been an outstanding leader at home, in the in- more than 700 people from all over the coun- change the course of their lives. try to rebuild and solidify some of the most On this historic occasion, I ask my col- dustry and within our community. Now that he will be spending more time with his family and beautiful trails, campgrounds and habitats in leagues to join me in honoring Florence the country. The work they did was truly re- Crittenton Services in Topeka for their ongoing friends, I want to take a moment to recognize his tremendous accomplishments and thank markable. Their dedication is appreciated by commitment to at-risk girls, young women and residents of the Pacific Northwest and the their families. him for all he has done in Chattanooga. Alter serving in the U.S. Marines in Vietnam, residents of the Eighth District, the district I f Sammy returned to his hometown of West represent. HONORING THE 125TH ANNIVER- Blocton, Alabama, where he worked as a disc The work by the coalition, along with count- SARY OF THE NATIONAL jockey, DJ. He moved to Chattanooga in 1985 less volunteers, will be enjoyed for years to CRITTENTON FOUNDATION to become the general manager of the upstart come by the thousands of visitors to Mount radio station WUSY US–101 where he has re- Rainier. With all the coalition has accom- HON. JOHN J. DUNCAN, JR. mained for more than 22 years. plished, their efforts continue by expanding OF TENNESSEE During his term, the station has won count- their reach outside Mount Rainier to other IN THE HOUSE OF REPRESENTATIVES less awards and has been recognized for its areas in Washington State affected by ex- distinction and excellence These include nine treme weather utilizing the success of their Thursday, April 17, 2008 Country Music Association Station of the Year Mount Rainier Model. Again, congratulations Mr. DUNCAN. Madam Speaker, I rise today awards, four R&R Station of the Year awards, the SCA, the WTA, the NPCA, Washington’s to celebrate the 125th anniversary of the Na- one Academy of Country Music Station award, National Park Fund and The Mountaineers for tional Crittenton Foundation, a national organi- a National Association of Business, NAB, Mar- their dedication to the natural wonders of the zation dedicated to supporting and empow- coni for Personality of the Year and the NAB Pacific Northwest and urge them to continue ering young women and girls at-risk. Crystal award. in their efforts.

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Madam Speaker: IN THE HOUSE OF REPRESENTATIVES souri, the first community in the United States Whereas, Rachel Russell showed hard work Thursday, April 17, 2008 of America whose energy source is totally and dedication to the sport of basketball; and wind powered. Whereas, Rachel Russell was a supportive Mr. LARSEN of Washington. Madam Speak- Rock Port, where Lewis and Clark camped team player; and er, I rise today to pay tribute to a woman who in 1804, the county seat of Atchison County— Whereas, Rachel Russell always displayed spent more than 20 years working for the peo- named after United States Senator David sportsmanship on and off of the court; now, ple of the 2nd District of Washington State. Atchison—and the home of the annual Atch- therefore, be it Janet Elizabeth Thiessen, who passed away ison County Fair, has come a long way to be Resolved, that along with her friends, family, last month at the age of 78, was at the side the undisputed leader of energy innovation by and the residents of the 18th Congressional of former Congressman Al Swift, throughout becoming the first community in our Nation to District, I congratulate Rachel Russell on win- the years he represented the 2nd District from be totally energy independent of foreign re- ning the Ohio Division IV State Basketball 1978 until 1995. sources. Championship. We recognize the tremendous Ms. Thiessen’s service to the 2nd District Named for the soil that it is built on, Loess hard work and sportsmanship she has dem- didn’t begin with Rep. Swift; she first worked Hills Wind Farm is located on agricultural onstrated during the 2007–2008 basketball for his predecessor, Congressman Lloyd lands within the city limits of Rock Port. The season. Meeds, as a caseworker in the district office four wind turbines that make up the Loess f and later as a member of his DC staff. Hills Wind Farm will produce 16 million kilo- After graduating from Western Washington watt hours of electricity per year. Rock Port RECOGNIZING THE FLORENCE State College, Ms. Thiessen started out her will truly be the first community in America ca- CRITTENTON HOME IN LEX- career as a teacher. When she and her hus- pable of meeting its entire annual electricity INGTON, KENTUCKY band moved to Skagit County, she turned her demands from wind power. attention to raising sons Kyle and Scott and As a long standing supporter of wind en- HON. BEN CHANDLER volunteering in the community. One of her vol- ergy, I am a proud to report the first 100 per- OF KENTUCKY unteer projects she was most proud of was cent wind-powered community in the United IN THE HOUSE OF REPRESENTATIVES helping to bring childcare to migrant families in Skagit County so children wouldn’t have to be States is in the Sixth Congressional District of Thursday, April 17, 2008 Missouri. in the fields while their parents were in the Madam Speaker, I ask that you and the en- Mr. CHANDLER. Madam Speaker, it is with fields picking fruit and vegetables. It was dur- tire United States House of Representatives great pleasure that I recognize the 125th anni- ing her years as a volunteer for the local join me in celebrating with the City of Rock versary of the National Crittenton Foundation, Democratic Party that she met Lloyd Meeds. Port, Atchison County and the great State of an organization that supports empowerment Her volunteer efforts for Rep. Meeds led to a Missouri in being the ‘‘true’’ leader for this Na- and self-sufficiency for young women at risk. job helping his constituents, first in the district tion for energy independence. In particular, I want to celebrate the work of a office and then in Washington. DC. Ms. leading member of the Crittenton Family of Thiessen and Swift both worked for Rep. Agencies: The Florence Crittenton Home in Meeds and when Swift was elected, she be- f Lexington, Kentucky. came office manager and ultimately his Chief DESIREE LAWRENCE Established in 1894, The Florence of Staff. Crittenton Home in Lexington is a private non- Ms. Thiessen was respected and admired profit residential treatment facility that provides by all who worked in the office. She set high HON. ED PERLMUTTER comprehensive services to girls who have standards and expected top-quality work from OF COLORADO been abused, neglected, abandoned or are all staff in the Swift office. Her hand was in IN THE HOUSE OF REPRESENTATIVES experiencing pregnancy and parenting in the nearly every issue that Swift worked on Thursday, April 17, 2008 face of mental health and behavioral chal- throughout his tenure in Congress, from his lenges. Every day, this dedicated organization Motor Voter bill, which eventually became law, Mr. PERLMUTTER. Madam Speaker, I rise strives to provide a stable, safe and nurturing to the various projects that he sponsored today to recognize and applaud Desiree Law- atmosphere to help its clients achieve the per- around the 2nd District, such as the 88th rence who has received the Arvada Wheat sonal growth and family stability necessary to Street Interchange on I–5 and the return of Ridge Service Ambassadors for Youth award. thrive as adults. passenger rail service between Seattle and Desiree Lawrence is a student at Wheat Ridge Originally known as the Lexington House of Vancouver, BC. She knew the issues, she High School and received this award because Mercy, the Florence Crittenton Home opened knew the district, and she made sure every- her determination and hard work have allowed its doors on September 3, 1894 in response to thing ran smoothly for Rep. Swift and his leg- her to overcome adversities. community concern about the lack of support islative staff. The dedication demonstrated by Desiree for the city’s girls. Over the years, with help Her writing and grammatical skills were the Lawrence is exemplary of the type of achieve- from community partners including the Fayette envy of the entire office. I’ve been told that ment that can be attained with hard work and County Board of Education, the University of both she and Rep. Swift were terrific editors, perseverance. It is essential that students at Kentucky, the Keeneland Foundation, the Jun- but her eagle eyes would rarely let a mis- all levels strive to make the most of their edu- ior League of Lexington, numerous churches spelled word or typo slip by in any of the cor- cation and develop a work ethic that will guide and dedicated volunteers, the Florence respondence that went out of the office. Out- them for the rest of their lives. Crittenton Home has provided important social side of the office, her ability to work a cross- I extend my deepest congratulations once services to thousands of Kentucky’s young word or any type of word puzzle was leg- again to Desiree Lawrence for winning the Ar- women. endary! vada Wheat Ridge Service Ambassadors for The National Crittenton Foundation and She was one of the first to arrive in the of- Youth award. I have no doubt she will exhibit Lexington’s own Florence Crittenton Home are fice each day and usually the last to leave at the same dedication and character to all her to be commended as organizations that allow night. She took young staffers under her wing future accomplishments. Kentucky’s young women to believe in and and often pushed them to better themselves in

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6391 their careers—whether that meant going back It is on behalf of the children of our commu- school children, college students, juvenile to school or taking another job. Many of nity and our region that we recognize this delinquents, and needy families under the offi- Swift’s former staffers whom Ms. Thiessen great work and give tribute to the grand open- cial invitation and authority of government helped nurture have gone on to become state ing of the Lewis Library and Technology Cen- agencies in Austria, China, Indonesia, South legislators, CEOs, judges, attorneys, public af- ter. Korea, Malaysia, Mexico, Mongolia, New Zea- fairs officers, top congressional staff, archi- f land, Peru, Philippines, Romania, Russia, vists, and teachers. I am fortunate that my Singapore, Taiwan and Ukraine. The excellent own district director for many years worked THE FOREIGN INTELLIGENCE character demonstrated by these people, as with and was mentored by Ms. Thiessen. SURVEILLANCE ACT well as their commitment to the principles Janet Thiessen was an independent woman upon which our Nation was founded, have not who made her way in a world that was, at that HON. ALLEN BOYD only attracted the attention of leaders, parents, time, often dominated by men. She rose from OF FLORIDA the media, and students, but it has also an unpaid volunteer to the Chief of Staff for a IN THE HOUSE OF REPRESENTATIVES brought honor to the United States of America veteran congressman, all on her own. Her in- Thursday, April 17, 2008 and to the Lord Jesus Christ who they serve. tellect, political skills, loyalty, sense of humor Bair, Aileen, IL; Bair, Robert, IL; Beiler, and kindness served her well in her career on Mr. BOYD of Florida. Madam Speaker, I Krista, PA; Bisson, Hannah, OH; Bollinger, Capitol Hill and in life. She will be greatly want to commend the House and Senate lead- Lauren, OH; Brown, James, NY; Chen, Anna, missed. ership on their negotiations throughout the last NY; Chen, Faith, NY; Chen, Grace, NY; Chen, f year on the Foreign Intelligence Surveillance Karen, NY; Chen, Dr. Stephen, NY; Chen, Act. They have worked diligently on this issue Timothy, NY. HONORING THE GRAND OPENING and I rise today to encourage them to finalize Christensen, Edith, GA; Christiansen, Alissa, OF THE LEWIS LIBRARY AND a version of the bill that protects the civil lib- OK; Christiansen, Chad, OK; Clawson, Laura, TECHNOLOGY CENTER erties of our citizens, provides comprehensive MN; Clayton, Philip, NC; Coffing, Dominique, guidelines for our intelligence community and NM; Connelly, Sarah, AZ; Conzatti, Dena, WA; HON. JOE BACA reaffirms the importance of private industry co- Cook, Aaron, SC; Cook, Kristi, SC; Cooper, OF CALIFORNIA operation in government investigations. Gloria, TX; Cooper, Josiah, TX. IN THE HOUSE OF REPRESENTATIVES The right to privacy has long been regarded Copu, Carmen, IL; Copu, Joy, IL; Copu, as an inherent American value and it is our Paul, IL; Copu, Peter, IL; Copu, Rebecca, IL; Thursday, April 17, 2008 Government’s responsibility to strike a balance Copu, Stefana, IL; Copu, Valen, IL; Copu, Vic- Mr. BACA. Madam Speaker, on April 19, between protecting that constitutionally pro- tor, IL; Copu, William, IL; Crisp, Heather, OH; 2008, the city of Fontana and neighboring cit- tected right and securing the country against Cyrus, Lauren, MI; Dalrymple, Hannah, GA. ies in the region will gather to celebrate the future terrorist attacks. I have been pleased to DeBoer, Rachel, IL; DePriest, Amy, MO; grand opening of the Lewis Library and Tech- support the Democratic led efforts towards Dornink, Melody, MN; Dudley, Juliana, PA; nology Center located in Fontana, CA. Foreign Intelligence Surveillance Act reauthor- Dudley, Wesley, PA; Ehnis, Nathan, MI; Ehnis, The idea for the Lewis Library and Tech- ization that have made it clear that these Shannon, MI; Eng, Emily, NC; Eng, Michelle, nology Center was birthed out of the need to rights are to be at the forefront of actions NC; Estes, Autumn, FL; Estes, Curtis, FL; create a library that would house the needs of taken by Government officials. Estes, Daniel, FL. the growing community. City officials and local In addition to this emphasis, I believe it im- Estes, Mildred, FL; Farr, Roger, TX; Farr, developers believed that a more techno- perative that a final bill exempts from liability Sue, TX; Freehan, Benjamin, WA; Feig, Joel, logically advanced library was necessary to the telecommunications companies who par- WI; Feig, Zachary, WI; Fernandez, Jonathan, enhance personal, professional, recreational ticipated in the Bush administration’s requests CA; Fields, Jonelle, TX; Forsman, Camille, and lifelong learning goals, a task that was un- for information on customer records. I join the MN; Fox, Elizabeth, CA; Frahm, Jonathan, attainable through the already existing ‘‘Emer- National Sheriffs’ Association, the International GA; Frahm, Laura, GA. ald Street’’ Library. Association of Chiefs of Police, the Fraternal Gamble, Allison, AL; Gay, Carissa, OR; The Lewis Library and Technology Center is Order of Police, members of the 9/11 Com- Gilley, Rebekah, AL; Gillson, Kennan, MN; the first significant new building in the region. mission and the Florida State Attorney Gen- Gillson, Kirsten, MN; Greenwood, Karen, CT; This library creates not only a new awareness eral Bill McCollum in urging this protection. A Grier, Anna, GA; Grindall, Rachel, WA; Hanes, for the city, but a newfound awareness and provision as such will ensure that the coopera- Austin, AL; Haueisen, Michelle, WA; Heath, appreciation for the Inland Empire Region. tive relationships that law enforcement and the Joshua, PA; Heath, Krystal, PA. specifically the San Bernardino County area. private sector have will continue to facilitate Hilton, Alex, VA; Hollinger, Seanna, NE; In addition to representing a new image for critical information exchanges that protect this Hubbard, Micah, AR; Hug, Ruth, WA; Hung, the city and the region, the Lewis Library and Nation and its citizens. Daniel, CA; Hung, Rachel, CA; Hung, Re- Technology Center provides accessibility to I am confident that Congress will continue becca, CA; Hung, Sharon, CA; Hynes, Joy, IN; surrounding cities like Rancho Cucamonga, the role intended by our forefathers to oversee Jefferies, Megan, MI; Johnson, Amanda, WI; Rialto, Colton, Ontario, Bloomington and San the past, current and future actions of the ex- Johnson, Rebekah, IL. Bernardino. ecutive branch, particularly in regard to these Jorgensen, Andrew, PA; Jorgensen, Rachel, Fontana is the 5th fastest growing city in the bedrock issues that make the United States PA; Kallberg, Luke, IL; Kallberg, Naomi, IL; State and the 8th fastest growing city in the the greatest country in the world. Our intel- Krauter, Jocelyn, PA; Ku Isabelle, NJ; Kulp, Nation—population 183,640 and growing. Fon- ligence community deserves updated direction Jarita, WI; LaLone, Douglas, PA; Langemann, tana is also a melting pot with 12 percent and guidance on these issues backed by the Christy, CO; Lawrence, Ian, AL; Lehman, Re- Black, 60 percent Hispanic, 25 percent White, force of law, and I urge our leaders to con- gina, PA; Leskowat, Catherine, OK. with a wide variety of cultures and languages. tinue their good work. Leskowat, Naomi, OK; Levendusky, Angie, Roughly 41 percent of our 42,000 school-age f OK; Levendusky, Dr. Tim, OK; Lewis, Mai, WI; children in the classrooms are designated Lindley, Jessica, IL; Lindley, Sarah, IL; Little, ‘‘English Language Learners.’’ That’s 17,176 HONORING VOLUNTEERS Lauren, NJ; Llewellyn, Chad, MD; Lukachick, kids who need your help. The library will fulfill Anna, LA; Lukachick, David, LA; Lyons, Han- the community’s desire for improved library HON. SAM JOHNSON nah, IL. services as well as establish an icon for a ma- OF TEXAS Lyons, Mary, IL; Lyons, Naomi, IL; Lyons, turing and growing city. IN THE HOUSE OF REPRESENTATIVES Roy, IL; Mally, Grace, IA; Mally, Harold, IA; The Lewis Library and Technology Center Mally, Rebekah, IA; Mally, Sarah, IA; Mally, will for years to come be symbolic of the city’s Thursday, April 17, 2008 Stephen, IA; Malm, Ben, MN; Marshall, Dallas, diversity and will be representative of the ad- Mr. SAM JOHNSON of Texas. Madam OK; Marshall, Ezra, OK. vancements that have been made in Fontana. Speaker, it is my privilege to bring before this Marshall, James, OK; Marshall, Johnathan, The library will be a historic monument for the Congress the following outstanding people OK; Marshall, Louanne, OK; Marshall, city and the region. who have voluntarily served orphans, public Thaddaeus, OK; Mason, Christina, AR;

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6392 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 17, 2008 Matchak, Jacob, CA; Mattix, George, IL; onstrated during the 2007–2008 basketball CONGRATULATING WANDA JENSEN Mattix, Pattie, IL; McCray, Jo, AR; McCray, Dr. season. FOR HER MANY YEARS OF SERV- Kevin, AR. f ICE AS STICKNEY TOWNSHIP Meng, Christine, NC; Meng, Ethen, NC; DEMOCRATIC COMMITTEEWOMAN Meng, Grace, NC; Meng, Justin, NC; Meng, GENEVIEVE MARTINEZ Stephen, NC; Neu, Daniel, KS; Newhook, An- HON. DANIEL LIPINSKI drew, PA; Newhook, Trevor, PA; Newhook, HON. ED PERLMUTTER OF ILLINOIS Tyler, PA; Nicholson, Benjamin, TX; Noland, OF COLORADO IN THE HOUSE OF REPRESENTATIVES Katerine, MA. IN THE HOUSE OF REPRESENTATIVES Thursday, April 17, 2008 O’Conner, Adam, LA; Payne, Ashia, MD; Thursday, April 17, 2008 Payne, Nikolai, IA; Pennel, Corrie, DE; Peter- Mr. LIPINSKI. Madam Speaker, I rise today son, Joy, FL; Phariss, Erik, TX; Phariss, Ken, Mr. PERLMUTTER. Madam Speaker, I rise to honor Wanda Jensen as she retires from TX; Phariss, Sacha, TX; Phariss, Susana, TX; today to recognize and applaud Genevieve over 40 years of service as Stickney Township Pierpont, Holly, MI; Plattner, Tessa, AZ. Martinez who has received the Arvada Wheat Democratic committeewoman. Throughout her Randall, Erin, TX; Richmond, Kristen, OH; Ridge Service Ambassadors for Youth award. tenure, Mrs. Jensen served her community commendably and I am pleased to recognize Ross, Charles, GA; Ross, Mary, GA; Ross, Genevieve Martinez is a student at Wheat her for her long and admirable record of public Rebecca, GA; Sachse, Jennifer, TX; Samaha, Ridge Middle School and received this award because her determination and hard work service. James, SC; Sanborn, Diane, FL; Sanders, A longtime resident of the Third District, Charity, AL; Sater, Jonathan, ID. have allowed her to overcome adversities. The dedication demonstrated by Genevieve Mrs. Jensen has demonstrated true commu- Seale, Susanna, TX; Searle, Shawn, CA; nity spirit with an unwavering devotion to serv- Martinez is exemplary of the type of achieve- Sellin, Tammy, KS; Shepherd, Gracie, GA; ing the public. Her service to Stickney as a ment that can be attained with hard work and Sherrer, Katherine, NC; Shoemaker, Richard, Democratic committeewoman since 1966 is perseverance. It is essential that students at OK; Simpson, Jerry, OH; Simpson, Nichole, but one example of her deep community in- all levels strive to make the most of their edu- OH; Snyder, Benjamin, MA; Staddon, Donald, volvement. A true pillar of the community, WV; Steinbach, Jeff, CA. cation and develop a work ethic that will guide Wanda has served as a Stickney Township Stewart, Andrew, OH; Stewart, Lucas, OH; them for the rest of their lives. trustee for more than 30 years, all the while Stonecypher, Esther, IN; Stonecypher, Caleb, I extend my deepest congratulations once devoting extra time to organizations such as IN; Stonecypher, Debra, IN; Stonecypher, Eliz- again to Genevieve Martinez for winning the the Boy Scouts and the Girl Scouts. abeth, IN; Stonecypher, Leah, IN; Arvada Wheat Ridge Service Ambassadors for As a testament to her success at bringing Stonecypher, Maurice, IN; Straub, Nathan, Youth award. I have no doubt she will exhibit the community together, Mrs. Jensen is the WA; Straub, Teresa, WA; Strickler, Ruth, PA. the same dedication and character to all her proud founder of a local fashion show that has Sullivan, Andrei, NC; Sullivan, John David, future accomplishments. been running for 41 years. Over time, this NC; Sullivan, Roslyn, NC; Sullivan, Sarah, NC; f event has evolved into a popular community Sullivan, Tom, NC; Taylor, Luisa, CA; Turner, gathering that sells out every year. TRIBUTE TO PRINCIPAL JILL Jane, GA; Vaccaro, Jeanette, MT; Van Ry, Amidst her many commendable contribu- RAMSEY AND TEACHERS MR. Sheralee, WA; Waller, Adam, IL. tions to the Third District, Mrs. Jensen raised PATRICK FINE, MS. LIESA Waller, Brian, IL; Waller, David, IL; Waller, 4 children and now enjoys the pleasure of a HARTIN, MR. MIKE KAISER AND Derrick, IL; Waller, Lydia, IL; Waller, Matthew, large family, which has grown to include 14 MR. STEVE MUSIAL IL; Waller, Rachelle, IL; Waller, Rebecca, IL; grandchildren and 5 great-grandchildren. Mrs. Waller, Samuel, IL; Waller, Sarah, IL; Waller, Jensen is also a devoted member of St. Albert Sue, IL; Waterman, Kaylan, MI; Wenstrom, HON. W. TODD AKIN the Great Catholic Church. Angela, FL; Wenstrom, Brittany, FL. OF MISSOURI I rise today, Madam Speaker, to commend Wenstrom, Chris, FL; Wenstrom, James, IN THE HOUSE OF REPRESENTATIVES the dedication and service of Wanda Jensen as she retires from her post as Stickney FL; Wenstrom, Kimberly, FL; Wenstrom, Mat- Thursday, April 17, 2008 thew, FL; Wenstrom, Michelle, FL; Whitten, Township Democratic committeewoman. I am Susannah, IN; Williams, Arnah, IN; Williams, Mr. AKIN. Madam Speaker, I rise today to proud to have in the Third District such an ex- Burton, CT; Williams, Sue, CT; Winkler, Kath- recognize and honor Principal Jill Ramsey and emplary model of a devoted public servant. I ryn, NY; Yaste, Alexander, IN; and Zaloum, physical education teachers: Mr. Patrick Fine, deeply appreciate her service and wish her Kristina, IN. Ms. Liesa Hartin, Mr. Mike Kaiser, and Mr. and her loved ones a wonderful celebration as f Steve Musial. Principal Jill Ramsey and the they commemorate her many years of service. Chesterfield Elementary School has success- f A PROCLAMATION HONORING ROB- fully renewed its STARS status. The criteria ERT EASLICK FOR WINNING THE for STARS recognition is based on the Na- CONGRATULATING GIRL SCOUT OHIO DIVISION IV STATE BAS- tional Standards for Physical Education, spe- GOLD AWARD RECIPIENTS KETBALL CHAMPIONSHIP cifically, educationally and developmentally ap- propriate instructional strategies and teaching HON. RAY LaHOOD HON. ZACHARY T. SPACE skills, adequate facilities and equipment that OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES OF OHIO are safe and appropriate for the age and abili- Thursday, April 17, 2008 IN THE HOUSE OF REPRESENTATIVES ties of the students and that enable students to participate in the maximum amount of ac- Thursday, April 17, 2008 Mr. LAHOOD. Madam Speaker, today I am tive time on task, and classes taught by cer- proud to recognize seven outstanding young Mr. SPACE. Madam Speaker: tified physical educators. women who have earned the Girl Scout Gold Whereas, Robert Easlick showed hard work A quality school physical education program Award. The Gold Award is the highest offered and dedication to the sport of basketball; and is the foundation for helping all children de- by the Girl Scouts. Whereas, Robert Easlick was a supportive velop the knowledge, skills, and confidence I am honored to extend my congratulations team player; and that promote lifelong physical activity. By im- to Ms. Kellie Poland, Ms. Marlene Smith, Ms. Whereas, Robert Easlick always displayed proving the quality of school physical edu- Andreanna Haun, Ms. Heather Graham, Ms. sportsmanship on and off of the court; now, cation programs across the country, we will Nikita Garman, Ms. Mindy Merdian, and Ms. therefore, be it have a direct effect on the health of America’s Alexis Moore, all Gold Award winners. These Resolved, that along with his friends, family, children. young women join an elite group of Girl and the residents of the 18th Congressional I want to thank the fine educators of Ches- Scouts, as last year only about 5 percent of District, I congratulate Robert Easlick on win- terfield Elementary School for their commit- eligible Scouts earned the prestigious Gold ning the Ohio Division IV State Basketball ment to the health and education of our future Award. Each of these young women’s accom- Championship. We recognize the tremendous generations and congratulate them on the suc- plishments demonstrates their ability to suc- hard work and sportsmanship he has dem- cessful renewal of their STARS status in 2008. cessfully meet a challenge and achieve a truly

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6393 difficult goal. They have shown leadership in A feminist ahead of her time, Miss votes 192, 199, 200, and 201. Had I been their communities and, through their efforts, Wasson’s activism and longevity was fueled present, I would have voted ‘‘yea’’ on rollcall have had a positive impact on the lives of oth- by her uplifting outlook on life. Miss Wasson No. 192, ‘‘yea’’ on rollcall No. 199, ‘‘yea’’ on ers. The Girl Scouts can be proud today, as was noted for the ability to befriend people rollcall No. 200, and ‘‘yea’’ on rollcall No. 201. I am, of these fine young women, who, with from all over the world and from diverse walks f character and confidence, have shown the of life. Her warm heart led her to treat each in- courage to achieve the highest of honors dividual with equal respect and friendliness; PERSONAL EXPLANATION available to them, the Gold Award. noting that having plenty of friends attributed I applaud their dedication and thank them to her own longevity. Above all, she led her HON. KAY GRANGER for their service to our communities. I encour- life believing in the universal power of love, OF TEXAS age them to continue to be positive examples and that we all had power, providing that IN THE HOUSE OF REPRESENTATIVES every action was motivated by love. for those around them, and, again, I offer my Thursday, April 17, 2008 sincere congratulations. Later in her life, Miss Wasson was drawn to f the beauty of California’s Central Coast. She Ms. GRANGER. Madam Speaker, on rollcall moved to Santa Cruz in 1989, where she con- Nos. 148, 149, 150, 151, 152, 156, 157, 158, FERNANDA MARTINEZ tinued to cultivate her spirit of volunteerism, 159, 160, 161, 162, 163, 166, 167, 168, 169, contributing much to a local environmental or- 170, 171, 172, 173, 175, 176, 177, 180, and HON. ED PERLMUTTER ganization. EarthSave. There, she continued 182 I am not recorded because I was absent OF COLORADO to make friends and spread her contagious due to illness. IN THE HOUSE OF REPRESENTATIVES optimism with Santa Cruz locals. Old age Had I been present, I would have voted could not stop Miss Wasson as she continued ‘‘aye.’’ Thursday, April 17, 2008 her activist lifestyle up until her recent pass- f Mr. PERLMUTTER. Madam Speaker, I rise ing. Her memories live on, along with her book today to recognize and applaud Fernanda ‘‘28,000 Martinis and Counting,’’ which details HONORING MRS. PINKIE PARKER Martinez who has received the Arvada Wheat her centenarian life of ‘‘living, learning, and HARDY Ridge Service Ambassadors for Youth award. loving.’’ Fernanda Martinez is a student at Jefferson Eleanor is survived by her daughters Joan HON. BARBARA LEE High School and received this award because Smith and Diane Wright; along with numerous OF CALIFORNIA her determination and hard work have allowed beloved family members and friends. IN THE HOUSE OF REPRESENTATIVES her to overcome adversities. Madam Speaker, I would like to extend our Thursday, April 17, 2008 The dedication demonstrated by Fernanda Nation’s deep gratitude for Eleanor’s service Martinez is exemplary of the type of achieve- to the United States and her own local com- Ms. LEE. Madam Speaker, I rise today to ment that can be attained with hard work and munity. I know I speak for every Member of honor the extraordinary life of Mrs. Pinkie perseverance. It is essential that students at Congress in offering our condolences to Joan, Parker Hardy. We lost our beloved Mrs. Pinkie all levels strive to make the most of their edu- Diane and the entire Wasson family for the Hardy on April 3, 2008. She led a full and vi- cation and develop a work ethic that will guide loss of their beloved mother, grandmother and brant life during her 91 years on this earth, them for the rest of their lives. great-grandmother. raising a loving family and mentoring many in I extend my deepest congratulations once f her church and community. again to Fernanda Martinez for winning the Ar- A PROCLAMATION HONORING On May, 19, 1916, Pinkie Parker was born vada Wheat Ridge Service Ambassadors for TRAVIS GLASGOW FOR WINNING in Washington, Louisiana to Alice White and Youth award. I have no doubt she will exhibit THE OHIO DIVISION IV STATE John Parker. During Pinkie’s life, she wit- the same dedication and character to all her BASKETBALL CHAMPIONSHIP nessed many of the Nation’s most turbulent future accomplishments. and controversial moments. Growing up in the f south in the first quarter of the last century, HON. ZACHARY T. SPACE Pinkie was self-educated and she devoted her IN HONOR OF ELEANOR WASSON OF OHIO energies to her community, her family, and her IN THE HOUSE OF REPRESENTATIVES faith. She was a lifelong resident of Eunice, HON. SAM FARR Thursday, April 17, 2008 Louisiana. OF CALIFORNIA Mr. SPACE. Madam Speaker: In 1936, at the age of 20, Pinkie Parker IN THE HOUSE OF REPRESENTATIVES Whereas, Travis Glasgow showed hard married Herman Joseph Hardy. From this lov- work and dedication to the sport of basketball; ing union, five sons and two daughters were Thursday, April 17, 2008 and born. In 1949, Mrs. Hardy became a parish- Mr. FARR. Madam Speaker, I rise today, Whereas, Travis Glasgow was a supportive ioner at St. Mathilda Catholic Church. She re- with my colleagues ANNA ESHOO and DENNIS team player; and mained a devout and extremely active mem- KUCINICH to honor the memory of an opti- Whereas, Travis Glasgow always displayed ber of this parish until she became ill just last mistic, vivacious woman whose positive out- sportsmanship on and off of the court; now, year. look and zeal for life inspired many. Eleanor therefore, be it Mrs. Hardy contributed immeasurably to the Wasson, a driving force behind WomenRise Resolved, that along with his friends, family, growth and service of St. Mathilda Parish dur- for Global Peace, passed away peacefully on and the residents of the 18th Congressional ing her life. Bishop Flynn appointed her as the April 6, 2008. She was 100 years old. District, I congratulate Travis Glasgow on win- first Extraordinary Minister of the Eucharist at Miss Wasson grew up in Los Angeles, Cali- ning the Ohio Division IV State Basketball St. Mathilda. She also served as Lector and fornia and was raised by a loving, supportive Championship. We recognize the tremendous Parish Council President for several years. For family. In her life she was always conscious of hard work and sportsmanship he has dem- 50 years, Mrs. Hardy was an active member the importance of giving back to the commu- onstrated during the 2007–2008 basketball of the Knights of Peter Claver (KPC) Council nity. She devoted her life to fighting for polit- season. #92. Mrs. Hardy spent 26 of those years serv- ical and social causes in the United States f ing as the Grand Lady of KPC. and abroad. Miss Wasson was an active vol- PERSONAL EXPLANATION In 1987, Mrs. Hardy was the recipient of the unteer, working three decades as a coordi- Martin Luther King, Jr. Award from the Dio- nator of Volunteer Services for UCLA, and cese of Lafayette. In 2002, she received the later, creating her own organization. Miss HON. LOUISE McINTOSH SLAUGHTER Bishop’s Medal for devoted service to her OF NEW YORK Wasson helped introduce volunteerism to the church and society. IN THE HOUSE OF REPRESENTATIVES rest of the world through the creation of Inter- It is clear that Mrs. Hardy was an indispen- national Volunteer Education, which was de- Thursday, April 17, 2008 sable component of her community. She came signed to teach foreign countries to recruit and Ms. SLAUGHTER. Madam Speaker, I was of age and lived her adult life during the most train large numbers of volunteers. unavoidably detained and missed Rollcall tumultuous and influential political period in

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6394 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 17, 2008 American history. Mrs. Hardy’s life exemplifies QUIANNE HOLMES Brazoria, Galveston, Fort Bend and Waller that of many African-Americans during this counties. In addition to teen parenting and century, their struggle for human rights and HON. ED PERLMUTTER independent living services, DePelchin offers civic freedom, and their strength and persever- OF COLORADO foster care, adoption, prevention, residential, ance. IN THE HOUSE OF REPRESENTATIVES and an array of other services designed to meet its clients’ complex needs. These important men and women are sel- Thursday, April 17, 2008 The unique partnership between DePelchin dom recognized for their greatness. Mrs. Har- Mr. PERLMUTTER. Madam Speaker, I rise Children’s Center and The National Crittenton dy’s life is one to be remembered and admired today to recognize and applaud Quianne Foundation is an additional strength for Hous- as an example of the true work and inner for- Holmes, who has received the Arvada Wheat ton’s children and families. This ongoing col- titude that keeps this country together. These Ridge Service Ambassadors for Youth award. laboration was and is based on Charles individuals dedicated their lives to the service Quianne Holmes is a senior at Wheat Ridge Crittenton’s and Dr. Kate Waller Barrett’s be- of their God and community in the face of in- High School and received this award because lief that the most effective way to address credible odds. Each and every one of them her determination and hard work have allowed compelling national social issues was through had a unique story, a special impact, and a her to overcome adversities. a network of affiliated independent, local orga- loving family. Mrs. Pinkie Parker Hardy was a The dedication demonstrated by Quianne nizations supported by a national body. member of mine. Holmes is exemplary of the type of achieve- I am proud of the work The National On a very personal level, Mrs. Hardy was ment that can be attained with hard work and Crittenton Foundation and DePelchin Chil- ‘‘family’’ to me. She shared her deep religious perseverance. It is essential that students at dren’s Center continue to do on behalf of vul- faith, her wonderful Creole cooking (especially all levels strive to make the most of their edu- nerable children and families across the state her gumbo) and her insights as a strong, yet cation and develop a work ethic that will guide of Texas and across this nation. I thank them for their commitment and wish them a strong gentle African-American woman with me on them for the rest of their lives. I extend my deepest congratulations once and continued partnership in the coming several occasions. To know ‘‘Mrs. Pinkie’’ was again to Quianne Holmes for winning the Ar- years. to love her. vada Wheat Ridge Service Ambassadors for f Mrs. Pinkie Parker Hardy will be sorely Youth award. I have no doubt she will exhibit missed by all those who loved her and were the same dedication she has shown in her HONORING THE NATIONAL honored to have her kindness and spirit touch high school career to her college career and CRITTENTON FOUNDATION their lives. Her memory and legacy will live on future accomplishments. through her seven children, five daughters-in- f HON. ED PASTOR law, 22 grandchildren, 34 great-grandchildren, OF ARIZONA THE 125TH ANNIVERSARY OF THE and four great-great-grandchildren as well as IN THE HOUSE OF REPRESENTATIVES NATIONAL CRITTENTON FOUNDA- innumerable relatives and friends. TION Thursday, April 17, 2008 Today, California’s 9th Congressional Dis- Mr. PASTOR. Madam Speaker, I rise today trict salutes and honors Mrs. Pinkie Parker HON. SHEILA JACKSON-LEE to ask my colleagues to join me in commemo- Hardy. We extend our deepest condolences to OF TEXAS rating the 125th anniversary of the National her family and children. Thank you for sharing IN THE HOUSE OF REPRESENTATIVES Crittenton Foundation and the Crittenton Fam- her great spirit with so many people over the ily of Agencies. I do so because this network last century. May her soul rest in peace. Thursday, April 17, 2008 of organizations deserves recognition for the Ms. JACKSON-LEE of Texas. Madam profound role they have played in allowing f Speaker, I ask my colleagues to join me today girls and young women to realize their full po- in celebrating the 125th Anniversary of the Na- tential. A PROCLAMATION HONORING tional Crittenton Foundation, an organization In particular, I would like to draw attention to KERSHAL ZEHNDER FOR WIN- that supports empowerment, self-sufficiency, the Florence Crittenton Services of Arizona in NING THE OHIO DIVISION IV and an end to cycles of destructive behaviors Phoenix. For more than a century, this organi- STATE BASKETBALL CHAMPION- and relationships for at-risk and system-in- zation has provided valuable services, edu- SHIP volved girls, young women and their families. cation and community-based programs to help On this historic occasion, I am particularly Arizona children and teens overcome the honored to recognize the ongoing contribution issues of abuse, neglect, teen pregnancy and HON. ZACHARY T. SPACE of one of the leading members of the Founda- mental health problems. Through its com- OF OHIO tion’s Family of Agencies, DePelchin Chil- prehensive network of services and support dren’s Center in Houston, which proudly systems, this organization provides a refuge IN THE HOUSE OF REPRESENTATIVES serves my home district and other children where vulnerable youth, ages 12 to 21, pros- Thursday, April 17, 2008 and families from across Texas. per from the assistance of a caring community DePelchin Children’s Center has strong and discover the possibility of a bright new fu- Mr. SPACE. Madam Speaker: roots in our community. More than 120 years ture in spite of their challenging past experi- ago, Charles Crittenton, the well-known Amer- ences. Whereas, Kershal Zehnder showed hard ican philanthropist, visited Houston and in- As society has experienced dramatic work and dedication to the sport of basketball; spired a group of local activists to establish changes in the last 100 years, the Phoenix and one of the country’s first maternity homes, a home has changed too, but its goal of giving Whereas, Kershal Zehnder was a supportive refuge for young unmarried mothers. In re- every girl it serves safety, hope, and oppor- team player; and sponse to changing community needs, the tunity has remained constant. I commend the Whereas, Kershal Zehnder always displayed Crittenton Home significantly expanded its Florence Crittenton board members, staff and sportsmanship on and off of the court; now, services over the years, merging with volunteers for their compassion and dedication therefore, be it DePelchin Children’s Center in 1983. to excellence, ensuring that their services con- Recognizing that a child’s needs are best tinue to grow to meet the needs of the girls it Resolved, That along with his friends, fam- met in a family environment, DePelchin Chil- serves, and for becoming one of the state’s ily, and the residents of the 18th Congres- dren’s Center strives to strengthen the lives of leading experts in gender-specific services. sional District, I congratulate Kershal Zehnder children and families by providing a continuum It is with great pride that I congratulate the on winning the Ohio Division IV State Basket- of services to prevent and resolve social and Florence Crittendon Services of Arizona and ball Championship. We recognize the tremen- emotional crises. Each year, the agency pro- its nationwide community of Crittendon sister dous hard work and sportsmanship he has vides more than 30 programs for over 26,000 organizations on their successful efforts to em- demonstrated during the 2007–2008 basket- vulnerable children and families each year in power at-risk girls to rise above the negative ball season. multiple locations in Harris, Montgomery, circumstances they have been exposed to and

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6395 become productive and self-sufficient citizens IN MEMORY OF DOROTHY PRICE A PROCLAMATION HONORING who understand the value of always treating MOORE JOHN CALSON FOR WINNING THE themselves and others with respect. OHIO DIVISION IV STATE BAS- KETBALL CHAMPIONSHIP f HON. MIKE ROSS UPON INTRODUCTION OF THE OF ARKANSAS WIRELESS INTERNET NATION- HON. ZACHARY T. SPACE WIDE FOR FAMILIES ACT OF 2008 IN THE HOUSE OF REPRESENTATIVES OF OHIO IN THE HOUSE OF REPRESENTATIVES Thursday, April 17, 2008 HON. ANNA G. ESHOO Thursday, April 17, 2008 Mr. ROSS. Madam Speaker, I rise today to OF CALIFORNIA Mr. SPACE. Madam Speaker: honor the memory of my dear friend Dorothy IN THE HOUSE OF REPRESENTATIVES Whereas, John Calson showed hard work Moore of Arkansas City, Arkansas, who and dedication to the sport of basketball; and Thursday, April 17, 2008 passed away April 9, 2008, at the age of 97. Whereas, John Calson was a supportive Ms. ESHOO. Madam Speaker, today Rep. Dorothy Moore, affectionately known as team player; and CHRISTOPHER CANNON and I introduced the ‘‘Miss Dorothy’’ to all that knew her and Whereas, John Calson always displayed Wireless Internet Nationwide for Families Act throughout the state of Arkansas, was a tre- sportsmanship on and off of the court; now, of 2008 (WIN) which, if enacted, would foster mendous woman and an inspiration to every- therefore, be it the deployment of a new nation-wide wireless one who called her a friend. Raised on her Resolved, that along with his friends, family, broadband network. family’s farm in Southeast Arkansas during the and the residents of the 18th Congressional By every measure, the U.S. is losing the Depression and the Great Flood of 1927, she District, I congratulate John Calson on winning international broadband race and our competi- learned the importance of small town values the Ohio Division IV State Basketball Cham- tiveness as a nation is at stake. More than such as hard work, honesty, compassion for pionship. We recognize the tremendous hard 100 million Americans do not have broadband others, and reverence for all which she exem- work and sportsmanship he has demonstrated at home. Seventy-one percent of Latinos do plified throughout her life and were evident in during the 2007–2008 basketball season. not have broadband at home. Sixty-nine per- all she did. f cent of Americans living in rural areas do not Faithful to her community, Miss Dorothy re- have broadband. Sixty percent of African turned home to Arkansas City after college to ALIA SHEYA Americans do not have broadband at home. begin her lifelong career in public service. For The high cost of internet access is a barrier over two decades Miss Dorothy served as the HON. ED PERLMUTTER for too many families who want broadband. In Deputy Collector in the Desha County Sheriff’s OF COLORADO just the last year, the average cost of a Office while her husband, Robert S. Moore, IN THE HOUSE OF REPRESENTATIVES broadband connection has risen $2 per month, held the post of Sheriff. During this time she Thursday, April 17, 2008 or nearly five percent. These troubling figures was the backbone of her wonderful family as must change and that’s why I’ve introduced well as a trusted political advisor to her hus- Mr. PERLMUTTER. Madam Speaker, I rise the WIN Act. This legislation mandates that band. After her husband’s life was tragically today to recognize and applaud Alia Sheya, the Federal Communications Commission cut short, it was Miss Dorothy who stepped in who has received the Arvada Wheat Ridge (FCC) auction certain spectrum that is cur- and completed the remainder of his term as Service Ambassadors for Youth award. Alia rently lying fallow. Desha County Sheriff—a role that was only fit- Sheya is a student at Drake Middle School The winner of the auction would be required ting for a person dedicated to her community and received this award because her deter- to build and complete a network within 10 and committed to public service. mination and hard work have allowed her to years which must provide coverage to at least After Miss Dorothy completed her time as overcome adversities. 95 percent of our country. The licensee would Sheriff, her political journey in Arkansas con- The dedication demonstrated by Alia Sheya be required to provide service for free to con- tinued as she was selected by then-Governor is exemplary of the type of achievement that sumers and public safety users. The WIN Act Bill Clinton to serve on his staff. Her friendly can be attained with hard work and persever- also requires the licensee to deny access to style and warm smile became so contagious ance. It is essential that students at all levels obscene and indecent material on the free around the office that she was asked to con- strive to make the most of their education and service tier. tinue working for Arkansas’s next two gov- develop a work ethic that will guide them for The results of the 700 MHz auction dis- ernors. Her numerous years spent working in the rest of their lives. appointed many of us who hoped that a new the Governor’s office established her as a leg- I extend my deepest congratulations once entrant would emerge. Seventy percent of the endary figure in Arkansas history. again to Alia Sheya for winning the Arvada auctioned spectrum went to only two carriers. Wheat Ridge Service Ambassadors for Youth While the auction required under this legisla- Miss Dorothy was a great ambassador for award. I have no doubt she will exhibit the tion is open to anyone, it is my hope that the Desha County and Southeast Arkansas as same dedication and character to all her future bold conditions of requiring free, family friendly she worked tirelessly to create a strong sense accomplishments. of community in everything she did. I was truly service will encourage the entry of a new na- f tional broadband service provider. honored and humbled to be able to speak at The public airwaves are a national resource Miss Dorothy’s funeral, and I will always cher- IN RECOGNITION OF CARROLL that should he utilized to benefit the public. ish the fond memories I have of her. It is with SHELBY For far too long our nation’s carriers have great admiration and heartfelt respect that I stockpiled spectrum, gamed building-out re- will remember a lady who was a mother figure HON. JOE KNOLLENBERG to an entire state, and whose class and dignity quirements, and provided poor service to con- OF MICHIGAN will always represent what Southern Hospi- sumers. This bill attempts to remind licensees IN THE HOUSE OF REPRESENTATIVES that they do not own the public waves in fee tality should be. simple. As licensees, they hold spectrum in a I send my deepest condolences to her Thursday, April 17, 2008 public trust. This is an agreement that obli- daughter Dorothy Lee Moore Paige and her Mr. KNOLLENBERG. Madam Speaker, I gates them to utilize this spectrum in the pub- husband David of Davis, California; her son rise today to recognize Carroll Shelby, a true lic interest in exchange for their exclusive con- State Representative Robert S. Moore Jr. and visionary in the automotive industry, to honor trol. his wife Beverly of Arkansas City; and to her his receipt for the Automotive Industry Execu- The Innovation Agenda made a commitment four grandchildren, six great-grandchildren and tive of the Year’s Lifetime Achievement Award. to spur affordable access to broadband and numerous friends across the state. Miss Doro- Born January 11, 1923 in Texas, Carroll this bill will go a long way to providing uni- thy will be greatly missed in Desha County Hall Shelby served admirably in the U.S. Air versal broadband access. I encourage my col- and throughout the state of Arkansas, and I Force as a flight instructor and test pilot during leagues to join me and Rep. CANNON in sup- will continue to keep her family in my thoughts World War II. After his service with the mili- port of this legislation. and prayers. tary, Shelby began what would become a

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6396 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 17, 2008 decorated and distinguished career as a pro- the rights and protections of the Act. This de- pace for all those who followed in their foot- fessional automobile racer. Named Sports cision has stripped away the right of over steps. Illustrated’s Driver of the Year in 1956 and 51,000 teaching assistants, research assist- Much has changed about our submarine 1957. Carroll Shelby was also inducted into ants and proctors to bargain for better wages force and the role of our submariners since both the International MotorSports Hall of and working conditions at 1.561 private univer- the USS Holland (SS–1) first set sail in 1900. Fame and the Automobile Hall of Fame. sities. In World War I and World War II, our sub- Mr. Shelby’s influence on the racing world Thousands of graduate assistants continue marines were not much more than surface as a driver was only exceeded by his impact to light for the right to join a union. At public ships that could submerge for a short period as an automotive designer, securing his leg- universities in 14 States, graduate assistants before surfacing. Yet, in very dangerous con- acy as an industry luminary through the many are already afforded the right to join unions. ditions and with high casualty rates, subma- innovations and designs that have shaped and According to the Coalition of Graduate Em- riners sank an estimated 6 million tons of reshaped the cars we drive today. Some of ployee Unions, there are approximately 23 enemy merchant ships and sank nearly one- the most beautiful and powerful cars ever unions on more than 60 campuses in the third of the Japanese Navy’s warships. The made, including the Ford GT40, the Ford United States, including the University of cost of their efforts were high: 52 submarines Shelby Mustangs, and the Dodge Viper, are Michigan, the University of Massachusetts, and over 3,600 men, at a rate of nearly one the product of his vision and expertise. and the University of California. in four, were lost in the war. But their sacrifice Beyond his achievements in the automotive The Teaching and Research Assistant Col- helped bring us to victory and proved the sub- realm, Carroll Shelby has demonstrated his lective Bargaining Rights Act is simple. It will marine’s role in the defense of our Nation. compassion through his commitment to the amend Section 2(3) of the NLRA to clarify that In the Cold War, submariners played a key Carroll Shelby Children’s Foundation, a charity the term ‘‘employee’’ includes any graduate role as a critical strategic deterrent in our pro- he established to help children in need of student who is performing work for compensa- tracted struggle with the Soviet Union. Silently heart and kidney transplants. His work with tion at the direction of the institution. As em- patrolling in waters across the world, our at- this foundation has helped many families and ployees, these workers would have the right to tack and ballistic missile submarine crews has fueled research that will help save even organize and bargain collectively under the helped to secure an uneasy peace by ensur- more lives throughout the future. NLRA. This bill restores prior precedent. As ing that we were ready to respond at any mo- Madam Speaker, I am proud to recognize the NLRA covers only private sector workers, ment. There were no victory medals when it the achievements and service of Carroll Shel- State schools are not affected by the Brown was over, no parades for the countless young by. His many contributions to the automotive University decision or this legislation. men who served on these critical yet silent industry and the country represent his commit- The Teaching and Research Assistant Col- front lines, but there is no doubt our Nation is ment to excellence, and I wish congratulations lective Bargaining Rights is about fundamental forever indebted to them and the era they for receiving this prestigious award. fairness and justice. It will restore the right to helped us overcome. f thousands of hardworking graduate employees to bargain for better wages and working condi- And, as the Cold War ended and new chal- INTRODUCTION OF THE TEACHING tions. I urge all of my colleagues to support lenges emerged, the modern attack submarine AND RESEARCH ASSISTANT COL- this country’s graduate teaching assistants fleet, consisting of the Los Angeles- and Vir- LECTIVE BARGAINING RIGHTS and support this legislation. ginia-class, emerged as our Nation’s front line ACT f defense Today, our submariners are no less critical than the eras preceding us. We use HON. GEORGE MILLER HONORING 108 YEARS OF SILENT submarines extensively around the globe, OF CALIFORNIA SERVICE using their stealth to covertly gather intel- IN THE HOUSE OF REPRESENTATIVES ligence briefed at the highest levels of our government. They are adapting and growing Thursday, April 17, 2008 HON. JOE COURTNEY OF CONNECTICUT to meeting the security challenges of the 21st Mr. GEORGE MILLER of California. Madam IN THE HOUSE OF REPRESENTATIVES century, and every day they remind us that Speaker, I am pleased to introduce the Teach- submarines are, and will remain, at the core of ing and Research Assistant Collective Bar- Thursday, April 17, 2008 our Nation’s defense. gaining Rights Act. This legislation will restore Mr. COURTNEY. Madam Speaker, last From the Holland, to the Nautilus, and to the right of graduate assistants to organize week, I had the honor of participating in a the newest boats in the fleet, the USS North and bargain for better wages and working con- wreath laying ceremony at the United States Carolina (SSN–777) and USS New Hampshire ditions under the National Labor Relations Act, Navy Memorial to mark the 108th anniversary (SSN–778), the capabilities and technologies NLRA. of the submarine force. The ceremony, held in on board may have changed dramatically, but Graduate assistants across this country front of the memorial’s ‘‘Lone Soldier,’’ was a one thing has always stayed the same: The have seen their workloads dramatically in- moving tribute to the proud heritage of our strength of any submarine has always come crease in recent years. As many colleges and submarine force and the dedicated subma- down to those who command and serve universities try to cut costs they have relied on riners who have silently protected our Nation aboard her. graduate students to take on a larger role and for more than 100 years. And, over the last In my travels over the past year, I have met more responsibility: They teach classes, de- weekend, I was proud to attend Naval Sub- countless commanding officers and sailors— velop course curriculum, grade student pa- marine Base New London’s annual submarine many of them young men doing some of the pers, and provide counseling. One reason for birthday ball. most important work on behalf of our secu- this trend is simple—graduate student teach- For over a century, sailors have embarked rity—who selflessly dedicate their lives in dan- ers are paid a fraction of what faculty earn. on dangerous service in a place where human gerous service. Confronted with this economic reality, grad- life was never meant to exist in order to si- uate assistants, many of whom have families lently protect our Nation. There is an irony to Our sailors serve in the harshest of condi- to support, have sought to exercise their right the fact that while our Nation owes much of its tions around the globe, on long tours away to organize and bargain collectively for a bet- security over the past century to the sub- from their families literally stacked on top of ter deal. marine force, most Americans will never truly their crewmates, often cut off from the rest of Right on cue, as it has done with millions of know all that the ‘‘silent service’’ has done to the world. They make up the smallest portion other workers, the Bush NLRB quickly stripped protect us. of our Navy and their achievements are most away the right of graduate teaching students 2008 is an especially important year in the often secret. But, there is no doubt that each to join a union and have a voice at the bar- history of the submarine force, as it marks the and every one of them loves what they do on gaining table. The National Labor Relations 50th anniversary of the USS Nautilus’ (SSN– behalf of the security of our Nation. Board’s, NLRB, 2004 decision in Brown Uni- 571) journey across the North Pole in 1958, Every submariner today serves upon the versity overturned prior precedent and found an unprecedented achievement by our sailors foundation built by those that came before that graduate assistants are not employees at a critical time for our Nation. The men them. At the core of their service over the past under the NLRA and therefore not afforded aboard her on her historic journey set the century has been a legacy is one of devotion,

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6397 bravery and innovation. Without a doubt, to- ment as it model for the region. His dedication Resolved, that along with her friends, family, day’s submarine force is living up to that leg- to community-oriented policing has empow- and the residents of the 18th Congressional acy and building one of their own for those ered not only his fellow officers, but commu- District, I congratulate Elizabeth Lippencott on who come after them to follow. nity residents as well, to play an active role in winning the Ohio Division IV State Basketball This is an exciting time for the submarine their own safety and have a voice in how their Championship. We recognize the tremendous force. It is a time of great possibility and of police department can continually provide bet- hard work and sportsmanship she has dem- new challenges. But, after spending time with ter service to the residents of Defiance, Ohio. onstrated during the 2007–2008 basketball sailors in the mess hall of a submarine sub- Madam Speaker, it has often been said that season. merged below the ice to building relationships America succeeds due to the remarkable ac- f with officers at the top of the chain of com- complishments and contributions of her citi- mand, I am confident that our submariners will zens. It is evident that Mr. Walker has devoted PERSONAL EXPLANATION continue the proud legacy built by those who himself to the preservation of a free and just came before them. society where the rule of law is respected by HON. TIM MAHONEY I ask all my colleagues to join with me in ex- all who call this great land their home. For OF FLORIDA tending our deep appreciation to those who that, we owe him a debt of gratitude that mere IN THE HOUSE OF REPRESENTATIVES have, and continue to, silently serve our Na- words cannot sufficiently express. Thursday, April 17, 2008 Madam Speaker, at this time, I would ask tion, their families, and to all our Armed Mr. MAHONEY of Florida. Madam Speaker, my colleagues of the 110th Congress to join Forces serving today around the globe. on April 17, 2008, I missed votes because I me in honoring Norman Walker. On the occa- f was attending my daughter Bailey’s equestrian sion of his retirement as the City of Defiance’s event. Bailey is competing today at the 2008 PERSONAL EXPLANATION Chief of Police, we thank him for his dedicated Varsity Equestrian National Championship in service and we wish him well in all of his fu- Waco, Texas. She is a senior at Oklahoma ture endeavors. HON. JOHN CONYERS, JR. State University and has been a member of OF MICHIGAN f the OSU equestrian team since her freshman IN THE HOUSE OF REPRESENTATIVES SHUMET DEMIE year. Thursday, April 17, 2008 f Mr. CONYERS. Madam Speaker, I missed HON. ED PERLMUTTER TRACY KRAUSE: PHYSICAL EDU- rollcall vote 200 yesterday, Wednesday, April OF COLORADO CATION TEACHER OF THE YEAR 16, 2008, as I was attending to other business IN THE HOUSE OF REPRESENTATIVES in the Capitol. Had I been present, I would Thursday, April 17, 2008 HON. DAVID G. REICHERT have voted in the following manner: ‘‘Yes’’ on OF WASHINGTON motion that the Committee rise, H.R. 5715, the Mr. PERLMUTTER. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES Ensuring Continued Access to Student Loans today to recognize and applaud Shumet Act. Demie who has received the Arvada Wheat Thursday, April 17, 2008 Ridge Service Ambassadors for Youth award. Mr. REICHERT. Madam Speaker. I want to f Shumet Demie is a senior at Pomona High congratulate Mr. Tracy Krause being recog- School and received this award because her IN SPECIAL RECOGNITION OF NOR- nized as the National Physical Education determination and hard work have allowed her MAN M. WALKER IN CELEBRA- Teacher of the Year. The award was pre- to overcome adversities. TION OF HIS RETIREMENT AS sented on April 11, 2008, at the National As- The dedication demonstrated by Shumet CHIEF OF POLICE, CITY OF DEFI- sociation for Sport and Physical Education Demie is exemplary of the type of achieve- ANCE, OHIO (NASPE) Hall of Fame Banquet. The NASPE ment that can be attained with hard work and is a non-profit professional membership asso- perseverance. It is essential that students at ciation that sets the standard for practice in HON. ROBERT E. LATTA all levels strive to make the most of their edu- OF OHIO physical education and sport. cation and develop a work ethic that will guide Mr. Krause is a Physical Education teacher IN THE HOUSE OF REPRESENTATIVES them for the rest of their lives. at Mount Tahoma Senior High School. He has Thursday, April 17, 2008 I extend my deepest congratulations once taught Physical Education for 15 years. His again to Shumet Demie for winning the Ar- Mr. LATTA. Madam Speaker, I rise today to contributions to physical education were rec- vada Wheat Ridge Service Ambassadors for pay a very special tribute to one of the truly ognized because of his innovative approach to Youth award. I have no doubt she will exhibit outstanding individuals from Ohio’s Fifth Con- physical education and wellness. Rather than the same dedication she has shown in her gressional District, Mr. Norman Walker. On just focusing on activities students can do on high school career to her college career and Friday, April 18. 2008, Norman Walker will re- the track and in the gym during that particular future accomplishments. tire after thirty years of service on the City of school day, Mr. Krause exposed students to a Defiance’s Police Department. f lifetime of physical activity such as biking, hik- Over the last three decades, Norman Walk- A PROCLAMATION HONORING ing and climbing with positive results and er has certainly been an indispensible asset to ELIZABETH LIPPENCOTT FOR ever-increasing interest from students and ad- the City of Defiance and to the northwest Ohio WINNING THE OHIO DIVISION IV ministrators. Mr. Krause takes responsibility law enforcement community. His strong com- STATE BASKETBALL CHAMPION- for the lifetime fitness of his students, not just mitment to sound principles and honest lead- SHIP the years they are enrolled in his class. ership has guided his nearly fifteen years of Apart from his work at Tahoma High, Mr. service as Chief of Police. Mr. Walker’s com- HON. ZACHARY T. SPACE Krause is a National Board Certified Teacher mitment to the law enforcement creed of ‘‘to who has presented numerous workshops and OF OHIO serve and protect’’ was instilled in him as he conferences and supervises pre-service teach- IN THE HOUSE OF REPRESENTATIVES worked his way through every rank in the Defi- ers at regional universities throughout Wash- ance Police Department. Without question, Mr. Thursday, April 17, 2008 ington State. The work he is doing to better Walker has given unselfishly of his time and Mr. SPACE. Madam Speaker: the fitness level and overall wellness of young talents in order that the citizens of the City of Whereas, Elizabeth Lippencott showed hard people is a wonderful anecdote for relieving Defiance might have a safe community in work and dedication to the sport of basketball; pressure on an increasingly expensive health which to work and raise their families. and care system. Norman Walker embodies the spirit of Whereas, Elizabeth Lippencott was a sup- I again congratulate Mr. Tracy Krause for American public service and through his work- portive team player; and the recognition he received from the NASPE, man-style approach put his vision for a mod- Whereas, Elizabeth Lippencott always dis- encourage him to continue in his important ern rural police department into action to es- played sportsmanship on and off of the court; work and thank him for the lives he has al- tablish the City of Defiance’s police depart- now, therefore, be it ready permanently changed for the better.

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD 6398 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 April 17, 2008 PERSONAL EXPLANATION CELEBRATING THE U.S.-KOREA rea’s inclusion in the Visa Waiver Program, FRIENDSHIP AND ALLIANCE which will bring with it many economic benefits HON. ROBERT J. WITTMAN aside from—and in addition to—those benefits OF VIRGINIA HON. DIANE E. WATSON that will accrue from the U.S.-Korea Free IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Trade Agreement. Thursday, April 17, 2008 IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I have just barely touched on the many important issues that will be dis- Mr. WITTMAN. Madam Speaker, I was not Thursday, April 17, 2008 cussed this week while President Lee is in present in the House chamber for votes on Ms. WATSON. Madam Speaker, it has been Washington. The South Korean President’s April 3, 2008. my privilege to represent California’s 33rd visit gives us a special reason to address If I had been present, I would have voted Congressional District with the largest number these topics, but it does not mean that the ‘‘yes’’ on rollcall No. 159, a motion to recom- of Korean American constituents in the Nation. conversation will end when he returns home. mit H.R. 4847, the United States Fire Adminis- The Korean Americans who live in my district I know from experience that my colleagues on tration Reauthorization Act, with instructions to and other neighborhoods in Los Angeles— the Foreign Affairs Committee’s Subcommittee amend the bill (forthwith) to provide liability and, for that matter, across the country—have on Asia, the Pacific, and the Global Environ- protection to firemen that provide inspection made incalculable contributions to American ment will be exploring these issues in depth in services or advice on the use of child safety life and society. the weeks and months to come. seats to their communities. My purpose in mentioning the Korean Amer- We welcome the opportunity to hear directly I would also have voted ‘‘yes’’ on rollcall No. ican community—which now numbers more from President Lee his own views and the 160, final passage of H.R. 4847, the United than 2 million people nationwide—stems from views of his government on these matters that States Fire Administration Reauthorization Act. the arrival this week of President Lee Myung- affect both South Korea and the United f Bak of the Republic of Korea, who comes to States. THE PASSING OF RINCON Washington to meet with President Bush, our f CHAIRMAN VERNON WRIGHT congressional leadership, senior government officials, business executives, and Korean XIA LANIEL HON. DARRELL E. ISSA American leaders. I wish to take this oppor- tunity to welcome President Lee and wish him OF CALIFORNIA HON. ED PERLMUTTER well as he makes his first official overseas trip. OF COLORADO IN THE HOUSE OF REPRESENTATIVES The United States and the Republic of IN THE HOUSE OF REPRESENTATIVES Thursday, April 17, 2008 Korea have shared a long and successful alli- Thursday, April 17, 2008 Mr. ISSA. Madam Speaker, I rise today to ance. South Korea is a key partner in the Six- honor the life of Rincon Band of Luiseno Indi- Party Talks aimed at assuring that North Mr. PERLMUTTER. Madam Speaker, I rise ans Chairman Vernon Wright. Chairman Korea does not develop and deploy nuclear today to recognize and applaud Xia Laniel Wright passed away on Thursday, April 10, weapons that could create a strategic imbal- who has received the Arvada Wheat Ridge 2008, of liver cancer at the age of 53—far too ance in northeast Asia. The people of South Service Ambassadors for Youth award. Xia soon for a man that had so much left to give Korea know better than anyone what the con- Laniel is a student at Drake Middle School to his tribe and community. sequences of a nuclear-armed North Korea and received this award because her deter- Born in San Diego, California to Vernon Hol- could be. mination and hard work have allowed her to lis Wright and Beverly Wright, Chairman South Korea and the United States have overcome adversities. Wright was a lifelong resident of the area. also been political, diplomatic, and economic The dedication demonstrated by Xia Laniel After graduating from San Diego High School partners since the founding of the alliance 125 is exemplary of the type of achievement that and Palomar College, he studied at the years ago. While our two countries were can be attained with hard work and persever- Gemological Institute of America and operated brought dramatically together through the Ko- ance. It is essential that students at all levels a jewelry shop in Escondido, California until rean War, which ended in an armistice 55 strive to make the most of their education and becoming politically active with the Rincon years ago, we have worked together consist- develop a work ethic that will guide them for tribe in the 1990s. ently in a much less dramatic way since then. the rest of their lives. In 2006, he was elected chairman of the For instance, South Korea and the United I extend my deepest congratulations once 650-member tribe, after serving as a council States are close business partners with over again to Xia Laniel for winning the Arvada member and vice-chairman for several years. $80 billion in annual bilateral trade volume. In Wheat Ridge Service Ambassadors for Youth As chairman, he did a number of good things fact, South Korea is the seventh largest trad- award. I have no doubt she will exhibit the for the tribe and surrounding community. He ing partner of the United States. Goods and same dedication and character to all her future worked hard over the years to heal internal services move between our two countries on accomplishments. strife that dwelled within the tribe and helped a daily basis. f to mend disagreements with the Bureau of In- The pending U.S.-Korea Free Trade Agree- dian Affairs. He also brought the community ment will not bring with it just economic bene- CHARLES HITCHBORN together through his leadership and helped to fits, many of which were described in a recent usher in the tribe’s current economic success. study released by the U.S. International Trade HON. SAM GRAVES Not long before his passing, some tribal Commission, but also positive geopolitical and OF MISSOURI members had begun calling him ‘‘Chief,’’ a title geostrategic consequences. IN THE HOUSE OF REPRESENTATIVES that hadn’t been used on the reservation for Approving the U.S.-Korea Free Trade Thursday, April 17, 2008 decades. This informal honor was appropriate Agreement will strengthen our relationship with for Chairman Wright, because he worked tire- one of our most important and indispensable Mr. GRAVES. Madam Speaker, it is with lessly for the benefit of his tribe. Months be- allies in Asia and give the United States a per- great pride and pleasure that I rise today to fore his passing, he devoted countless hours manent economic foothold in the most dy- recognize the outstanding service and leader- and effort to helping tribal members recover namic and fastest growing region in the world. ship of Chuck Hitchborn on the occasion of his from the Poomcha Fire, which devastated the This agreement will also provide a counter- retirement as Mayor of the City of Smithville, Rincon reservation last year. balance to China’s emergence as a dominant Missouri. Chairman Wright was a good man, an hon- market player in that region and worldwide. Chuck served four years as Mayor of Smith- orable man, who was taken from the world too The Free Trade Agreement will complement ville. Before that, he served six years on the soon and with much left to accomplish. While the likely admission of the Republic of Korea Smithville Board of Aldermen. In addition to his passing is a tragedy, he truly touched the into the Visa Waiver Program, making it easier his service in Smithville, Chuck also served lives of those around him, and the Rincon for Korean travelers to visit the United States eight years as a city council member in Arrow- Tribe has been left much better because of his as tourists or as students, or for business or head, Colorado. Chuck has been married to leadership and guidance. He will be remem- family purposes. I can attest that many of my his wife, Joan, for 57 years. Together they bered and missed. constituents are looking forward eagerly to Ko- have two children, five grandchildren, and ten

VerDate Mar 15 2010 09:30 Nov 03, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR08\E17AP8.000 E17AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 17, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 5 6399 grandchildren with two more on the way. In his years. Founded in 1969, the CCCA works to Mary Kate is originally from Obion County. spare time, he is an avid quilter and enjoys protect and promote human dignity through Her husband Don is deputy director of the gardening. He gets his greatest enjoyment empowering the poor and the often voiceless Northwest Tennessee Economic Development from working with kids and supporting minority groups by promoting and ensuring Council. Don represented the 75th district in Smithville’s local student organizations and their full participation in society. Through his the Tennessee House of Representatives, athletes. leadership at the Commission, he is able to where he served with distinction as the Demo- Chuck has served the Smithville community work with many other local organizations to cratic Caucus Chairman and Chairman of the in many other ways as well. He has been a educate, mobilize and raise the consciousness House Transportation Committee. Their son, member and past President of the Rotary Club of the community, especially among Catholics. John Penn, who several years ago worked in and is also a current member of the Smithville Len Calabrese has a multifaceted back- our Washington office, and his wife Melissa R–II School District Foundation. Some of ground and a very impressive record in serv- have two children, Walker and Jackson. Chuck’s accomplishments include the down- ing our community. He was an associate pro- With bachelor’s and master’s degrees in town sewer replacement project, the approval fessor for several higher learning institutions family and consumer science education from of Smithville Commons and the addition of the such as John Carroll University, University of the University of Tennessee at Martin, Mary veterans memorial in downtown Smithville. Akron, Northwestern University and St. Mary Kate is also active in other important organiza- Madam Speaker, I ask my colleagues to join Seminary. He was also a consultant for sev- tions in our community, including as secretary with me in commending Chuck Hitchborn for eral mayors and the Ohio Senate, and board of Helping Hand Incorporated and co-chair of his dedicated service to the people of Smith- member for several institutions such as Cuya- the Lifeline blood board. ville, Missouri. I know Chuck’s colleagues, hoga County Public Library, Immigrant Minor- Madam Speaker, I appreciate you and our family and friends join with me in thanking him ity Business Alliance, The City Club of Cleve- colleagues joining me as we thank Mary Kate for his commitment to others and wishing him land and the greater Cleveland Round Table Ridgeway for her long service to the agricul- happiness and good health in his retirement. of Civic Leaders, Greater Cleveland Inter-Reli- tural community in west Tennessee and con- f gious Task Force on Central America just to gratulate her on her new position as county di- name a few. rector for the University of Tennessee Agri- A PROCLAMATION HONORING I have had the opportunity and privilege to culture Extension program. JENNY HOSTETLER FOR WIN- work closely with Len Calabrese in a number f NING THE OHIO DIVISION IV of capacities. In the aftermath of the tragedy STATE BASKETBALL CHAMPION- of September 11, 2001, Len worked with the CELEBRATING THE 50TH ANNIVER- SHIP community at large to allay fears expressed SARY OF SKAGIT VALLEY HOS- against immigrants. He has helped many new- PITAL HON. ZACHARY T. SPACE comers from abroad with his welcoming touch OF OHIO and his help with the necessary networking to HON. RICK LARSEN IN THE HOUSE OF REPRESENTATIVES succeed in business. He represented the OF WASHINGTON CCCA in the Sustainable Communities Sym- Thursday, April 17, 2008 IN THE HOUSE OF REPRESENTATIVES posium and other collaborations with the inner Thursday, April 17, 2008 Mr. SPACE. Madam Speaker: city and suburbs of Cleveland. Whereas, Jenny Hostetler showed hard Len’s talent to mobilize the community and Mr. LARSEN of Washington. Madam Speak- work and dedication to the sport of basketball; to advocate for the social welfare of others is er, on April 9th, 1958, Skagit Valley Hospital and manifested through his new position as presi- opened its doors and began a tradition of pro- Whereas, Jenny Hostetler was a supportive dent of Caritas Connection, a nonprofit organi- viding high-quality healthcare to the residents team player; and zation that works to connect Catholic charities, of Northwest Washington. I rise today to com- Whereas, Jenny Hostetler always displayed health care, nursing homes and colleges. He mend Skagit Valley Hospital on its 50th Anni- sportsmanship on and off of the court; now, will also serve as director of Ministering To- versary and thank the more than 1,200 em- therefore, be it gether, a national umbrella of Catholic Char- ployees, 250 physicians, 450 volunteers and Resolved, that along with her friends, family, ities USA, Catholic Health Care, the Associa- countless community supporters who continue and the residents of the 18th Congressional tion of Catholic Colleges and Universities, Na- to work to fulfill the hospital’s goal of being District, I congratulate Jenny Hostetler on win- tional Catholic Education Association and var- ‘‘the best regional, community hospital in the ning the Ohio Division IV State Basketball ious organizations of the laity. Northwest.’’ Championship. We recognize the tremendous Madam Speaker and colleagues, please join Over the last fifty years, Skagit Valley Hos- hard work and sportsmanship she has dem- me in recognition of Leonard M. Calabrese, pital has grown dramatically and expanded the onstrated during the 2007–2008 basketball who has dedicated his life to serving his services it offers to patients. After opening a season. church and the greater Cleveland community. 220,000 square foot expansion in June of f Let his advocacy on behalf of the welfare of 2007, the hospital now boasts 137 beds, a others serve as inspiration for all those in pur- Level III Trauma Center, and cutting-edge Kid- IN HONOR OF LEONARD M. suit of social change. ney, Diagnostic Imaging and Comprehensive CALABRESE f Cancer Care Centers. Most of Skagit Valley Hospital’s facilities are HON. DENNIS J. KUCINICH ACKNOWLEDGING MARY KATE located in Mount Vernon, Washington, but in OF OHIO RIDGEWAY’S CONTRIBUTIONS TO recent years the hospital has expanded geo- TENNESSEE AGRICULTURE IN THE HOUSE OF REPRESENTATIVES graphically to serve more families in rural and underserved areas. Its Community Health Thursday, April 17, 2008 HON. JOHN S. TANNER Centers in Stanwood, Washington and Mr. KUCINICH. Madam Speaker, I rise OF TENNESSEE Camano Island, Washington bring healthcare today in honor of Leonard M. Calabrese, who IN THE HOUSE OF REPRESENTATIVES services closer to patients who need them. through his service to the Catholic Church of The fine work of Skagit Valley Hospital has Cleveland has dedicated his life to serving as Thursday, April 17, 2008 been supported by the generosity of both the a community organizer on behalf of the poor, Mr. TANNER. Madam Speaker, I rise today Skagit Valley Hospital Foundation and the the vulnerable and the voiceless. to recognize the accomplishments of my friend Skagit Hospice Foundation. Together, these For over 20 years, Mr. Calabrese has Mary Kate Ridgeway, who recently began an organizations have raised and donated over served as executive director of the Commis- exciting new opportunity as director of the $9 million to improve Skagit Valley Hospital sion on Catholic Community Action (CCCA), Henry County office of the University of Ten- and support patients and their families. the Social Action Office for Catholic Charities nessee Agriculture Extension Service. Her For fifty years, Skagit Valley Hospital has Services, for the Diocese of Cleveland. Prior new position will allow Mary Kate to continue been a pillar of our community and the North- to his appointment as executive director, Len more than 30 years of service to family farm- west Washington healthcare system. Please served as a volunteer board member for nine ers in Henry County and across Tennessee. join me in celebrating the 50th Anniversary of

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ED PERLMUTTER 12,000 patients. and the residents of the 18th Congressional OF COLORADO Madam Speaker, I am proud to honor the District, I congratulate Allison Roth on winning IN THE HOUSE OF REPRESENTATIVES life and memory of Alan P. Mintz, M.D. Dr. the Ohio Division IV State Basketball Cham- Mintz lived his life according to his favorite pionship. We recognize the tremendous hard Thursday, April 17, 2008 maxim by Henry David Thoreau, ‘‘Go con- work and sportsmanship she has dem- Mr. PERLMUTTER. Madam Speaker, I rise fidently in the direction of your dreams . . . onstrated during the 2007–2008 basketball today to recognize and applaud Valentina Live the life you have imagined.’’ Dr. Mintz season. Brown who has received the Arvada Wheat clearly fulfilled this statement and will be f Ridge Service Ambassadors for Youth award. missed by the many lives he touched. CONGRATULATING DAWN Valentina Brown is a student at Wheat Ridge f Middle School and received this award be- DALLAIRE cause her determination and hard work have CONGRATULATING THE STATE OF allowed her to overcome adversities. ISRAEL ON ITS UPCOMING 60TH HON. LYNN C. WESTMORELAND ANNIVERSARY The dedication demonstrated by Valentina OF GEORGIA Brown is exemplary of the type of achieve- IN THE HOUSE OF REPRESENTATIVES ment that can be attained with hard work and HON. VITO FOSSELLA Thursday, April 17, 2008 perseverance. It is essential that students at OF NEW YORK all levels strive to make the most of their edu- IN THE HOUSE OF REPRESENTATIVES Mr. WESTMORELAND. Madam Speaker, I cation and develop a work ethic that will guide Thursday, April 17, 2008 rise today to congratulate Dawn Dallaire from them for the rest of their lives. Georgia’s 3rd Congressional District, the U.S. I extend my deepest congratulations once Mr. FOSSELLA. Madam Speaker, I rise Small Business Administration’s 2008 Small again to Valentina Brown for winning the Ar- today to congratulate the State of Israel on the Business Person of the Year for Georgia. vada Wheat Ridge Service Ambassadors for upcoming 60th anniversary of its founding and Just five years ago, Dallaire started a spe- Youth award. I have no doubt she will exhibit condemn former President Carter’s meetings cialty-soap business in the garage of her Fay- the same dedication and character to all her with the terrorist leaders of Hamas. etteville home and produced $47,000 in reve- future accomplishments. It is odd that former President Carter would nues. Today, her business, Clearly Fun Soap, defend his meeting with this terrorist organiza- f has created local jobs and projects annual tion as an opportunity to measure their willing- revenues to reach near $3 million. PAYING TRIBUTE TO ALAN P. ness to accept peace overtures. The founding Like many inventors, Dallaire didn’t start out MINTZ, M.D. charter of Hamas calls for the destruction of intending to become CEO of a company: she Israel; this should be answer enough for the was simply making gifts for friends. She per- HON. JON C. PORTER former President. By acknowledging these fected her ‘‘goldfish in a bag’’—which has be- leaders the former President provides legit- OF NEVADA come her signature product in the U.S. gift imacy to the terrorist actions committed IN THE HOUSE OF REPRESENTATIVES market—and then branched out with new de- against the State of Israel. signs. Thursday, April 17, 2008 For decades Israel and the United States Dallaire’s fortunes took a fateful turn when Mr. PORTER. Madam Speaker, I rise today have shared a strategic partnership in devel- she took her soap products to a gift show in to add to my tribute to Alan P. Mintz, whose oping technologies that save lives both on the Florida. There, she took $5,000 worth of or- life I honored on June 27, 2007. Dr. Mintz, battlefield and in our hospitals. ders and happy customers started coming Madam Speaker, for the past 60 years, M.D. passed away on June 3, 2007. back. Born in Chicago, Alan P. Mintz graduated Israel has been a bastion of democracy in a By 2005, Dallaire’s soap business had bub- from the University of Chicago and earned a region dominated by authoritarian regimes. As bled beyond the garage. With the help of a doctor of medicine degree from the University the only country in the Middle East with free Small Business Administration Community Ex- of Illinois—School of Medicine. Prior to his elections, free press, freedom of religion, and press Loan, she opened a 5,000-square-foot postgraduate training in radiology, in which he the protection of minority rights, Israel con- facility in Griffin, another city in the 3rd District. later specialized, Dr. Mintz served as a physi- tinues to uphold the values that make it a true But the growth continued. Two years later, cian in the U.S. Navy. Dr. Mintz was a highly Western-style democracy. Clearly Fun Soap upgraded to a 10,000- Madam Speaker, it gives me great pleasure respected professional in the field of radiology square-foot facility with 15 full-time employees, to congratulate the State of Israel on its up- and served as a Diplomate of the American with up to 35 part-time employees. coming 60th anniversary and I look forward to Board of Radiology, was board certified in ra- Clearly Fun Soap now dots the shelves at the continued partnership between our two diology, nuclear medicine and radiation ther- Bath & Body Works. Linens N Things, Mar- great nations. I hope our colleagues will join apy, and was also appointed chairman of the shall’s and TJ Maxx with accounts pending at me in offering our best wishes to our ally in Department of Radiology for several Chicago- other major retailers. Soon, Dallaire will pub- the Middle East for 60 more years of pros- area hospitals. lish her book ‘‘Being a Woman in Business in perity. Motivated by his passion for health and a Man’s World’’ which chronicles both her wellness, Dr. Mintz pioneered a new medical f business and personal accomplishments—in- specialty with his work in age management A PROCLAMATION HONORING AL- cluding losing 120 pounds. medicine. He became famous within that field LISON ROTH FOR WINNING THE Our small businesses are the economic en- for his innovative ideas about the relationship OHIO DIVISION IV STATE BAS- gine of our economy and they create over 75 between declining levels of certain hormones KETBALL CHAMPIONSHIP percent of new jobs. Small business people and chronic diseases associated with aging. such as Dallaire are helping others as they Dr. Mintz pioneered the idea that maintaining HON. ZACHARY T. SPACE help themselves. I want to congratulate Dawn certain hormones within physiological ranges OF OHIO Dallaire on this distinguished award. It’s truly in combination with exercise and a healthy a great honor that reflects her truly great ac- IN THE HOUSE OF REPRESENTATIVES diet can optimize wellness as people age. complishments. Georgia’s 3rd District is proud Dr. Mintz cofounded and served as CEO Thursday, April 17, 2008 to call her one of our own. and President of Medicon, Inc., the world’s Mr. SPACE. Madam Speaker: Madam Speaker, on behalf of the House of largest radiology management company. His Whereas, Allison Roth showed hard work Representatives, I again congratulate Dawn inventive thinking stimulated the creation of and dedication to the sport of basketball; and Dallaire, the Georgia Small Business Person

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